Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2367

HOUSE BILL NO.

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

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

EXPLANATORY NOTE

Land use planning is the process of regulating the use of land in an effort to promote more
desirable social and environmental outcomes as well as a more efficient use of resources. Goals of
land use planning may include environmental conservation, restraint of urban sprawl,
minimization of transport costs, prevention of land use conflicts, and a reduction in exposure
to pollutants. By and large, the uses of land determine the diverse socioeconomic activities that
occur in a specific area, the patterns of human behavior they produce, and their impact on the
environment.

In urban planning, land use planning seeks to order and regulate land use in an efficient
and ethical way, thus preventing land use conflicts. Governments use land use planning to manage
the development of land within their jurisdictions. In doing so, the governmental unit can plan for
the needs of the community while safeguarding natural resources. To this end, it is the systematic
assessment of land and water potential, alternatives for land use, and economic and social
conditions in order to select and adopt the best land use options.' Often one element of
a comprehensive plan, a land use plan provides a vision for the future possibilities of development
in neighborhood, districts, cities, or any defined planning area.

The unchecked use of land makes the Philippines even more susceptible to natural
disasters. It is a tropical country that has been historically prone to harsh weather conditions and
calamities. The 2016 World Risk Index report even ranked it 3rd among 171 countries most
vulnerable to natural hazards. It has since improved its ranking for 2018 by coming in 69th over
173 countries. The main aspects analyzed in the study are exposure, susceptibility, coping capacity,
and adaptive capacity. When speaking of exposure, the study looks into the degree of threat
that earthquakes, cyclones or typhoons, floods, droughts, and sea level rise have on the population.
Balancing these dangers out are some competencies in public infrastructure (susceptibility),
government and disaster preparedness (coping capacity), and ecosystem protection (adaptive
capacity), Exposure is unavoidable, as the country notoriously experiences typhoons and floods
on an annual basis. It can, however, improve on its public infrastructure, land use, and ecosystem
protection. The NLUA’s passage can help with that. It can provide better safeguards for
communities, especially in the Philippine countryside where land use regulation is required the
most.”

The following benefits can be achieved with the passage of this proposed measure into law:

* Young, A., 2003,

2 https://www-lamudi.com ph/journal/proposed-national-land-use-act/


1 Land use planning is an important growth framework: certainly, prosperous urban
areas have a vision that they must follow through a framework to achieve a development in a well-
ordered way. Hence, land use planning provides this framework.*

2 A well planned urban area is a well-prepared urban area: Anticipating the future
allows for better preparedness. Indeed, the presence of natural phenomenon that represents a threat
to human life activities implies a limitation in the use of land. It is necessary then, to plan the use
of the land taking into account its limitation in order to allow the containment of natural
phenomenon and its manifestations either by restricting the presence of human life and/or
activities, adapting infrastructure conditions in a manner that reduces its vulnerability to natural
phenomenon or implementing plans conducive to risk mitigation. The absence of territorial
planning plans, the lack of definition of areas exposed to threats and the lack of studies on natural
phenomena that might bring threats, ensure an increase in the number and magnitude of disasters
of natural origin. The process of land use planning developed putting into consideration this
aspects, allows the identification, location and evaluation of areas exposed to natural phenomena,
hence allowing the implementation of measures that guarantee risk mitigation.

3. Good land use planning positively impacts the development of urban economy.°

4 Promote the national territorial order and economic ecological zoning as a support
for the conservation, use and sustainable use of natural resources and biological diversity, as well
as the orderly occupation of the territory.°

5. Incorporate the analysis of natural and anthropic risk in territorial planning
processes, as well as adaptation measures to climate change.”

6 Promote mechanisms to prevent the settlement of populations and the development
of socio-economic activities in areas with high potential for risks in the face of natural and
anthropic hazards.

7. Promote territorial planning as a basis for concerted development plans and border
development, in the management of watersheds and coastal marine areas.’

8 Guides the actions of regional and local governments for the efficient fulfilment of
their functions in this area of land use planning, "°

A national land use policy is a primary tool to achieve national development and social
equity. No less than President Rodrigo Roa Duterte emphasized its importance during his Second

> Long, Hualou; Qu, Yi (May 2018). "Land use transitions and land management: A mutual feedback perspective". Land
Use Policy. 74: 111-120. doi:10.10164 landusepol.2017.03.021. ISSN 0264-8377

“Ibid.
5 Ibid.

© Lewis, Roger K. (1987) “The Powers and Pitfalls of Zoning,” and “From Zoning to Master Planning and Back.” In shaping
the City. Washington, DC: AIA Press 1987, pp 274 281. ISBN 0913962880

7 higbu et al. (2017). Combining land use planning and tenure security: a tenure responsive land use planning approach for
developing countries. Journal of Environmental Planning and
Management, https:/dx.doi.org/10,1080/09640568.2016.1245655

® Southwestem NC Planning and Economic Development Commission, Community Foundation of WNC, & the Lawrence
Group Architects of NC, Inc., 2009

° Savini, Federico; Aalbers, Manuel B (2016-07-26). "The de-contextualisation of land use planning through financialisation:
Urban "redevelopment in Milan’. European Urban and Regional ‘Studies. 23 (4): 878~
894, doi:10.1177/0969776415585887. ISSN 0969-764

Ibid


+ State of the Nation Address on July 24, 2017 when he mentioned that the passage of the National
Land Use Act is one of his administration's priority."

A national land use policy is envisioned to provide a policy for the rational, holistic and
just allocation, utilization, management and development of our land resources. It includes the
parameters that will guide planning at the national and local levels.

In crafting this measure, the following importance policies and principles were adhered to:
(1) sustainable development and just management of resources; (2) environmental integrity and
stability; (3) disaster risk-reduction and climate change resiliency; (4) food security; (5) protection
of prime agricultural lands; (6) water security; (7) rational settlements development; (8) physical
and economic integration; (9) agrarian reform, urban land reform and rural development; (10)
private-public partnership; (11) people empowerment, decentralization, social justice and equity;
(12) respect and protection of the rights of indigenous cultural communities and indigenous
peoples; (13) protection of the rights of basic sectors; (14) deeper understanding of our history and
culture; (15) energy security; and (16) market orientation within the framework of ecological and
intergenerational factors,

The proposed national land use policy will harmonize existing laws governing the
allocation, utilization, development and management of land resources. Furthermore, conflicting
land uses and interests of our growing population over limited land resources show the need to
institutionalize a comprehensive national land use policy.

Immediate passage of this bill is earnestly sought.

CHERYL P. DELOSO-Mt
Representative
2™ District, Zambales

4Explanatory Note of Senate Bill 1522 entitled “AN ACT INSTITUTING A NATIONAL LAND USE POLICY,
PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR, AND FOR OTHER PURPOSES” authored by
Senator Juan Miguel F. Zubiri during the 17 Congress and was filed on 26 July 2017.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2367
HOUSE BILL

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
INSTITUTING 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 I
INTRODUCTORY PROVISIONS

SECTION 1. Tide. -This Act shall be known and cited as the “National Land Use Act of
2019”.

SEC. 2. Declaration of Principles and Policies. - All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, fora and fauna, and other natural resources are owned by the state. With the
exception of agricultural lands, all other natural resources shall not be alienated.

Pursuant to the constitutional provision or mandate, it is the policy of the State to provide
for a rational, holistic, and just allocation, utilization, management, and development of the
country's land to ensure their optimum use, consistent with the principle of sustainable
development.

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

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

a) Sustainable management and utilization of natural resources;

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

©) Disaster risk-reduction and climate change resiliency,

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

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


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

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

h) Respect for and protection of the sustainable traditional resource rights of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains to
ensure their economic, 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 in compliance with free and prior informed consent of ICC/IPs;

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

j.) Protection, preservation, and development of the Filipino historical, cultural and
built cultural heritage and resources for the deeper understanding of our history and culture as a
people;

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

1) _ Market orientation where the interplay of market forces and fair trade within the
framework of ecological development and equity consideration 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 (LCDs) share with
the national government the responsibility of managing and maintaining ecological balance within
their territorial jurisdiction as stated in the 1987 Constitution and the 1991 Local Government Code
(LGC) or Republic Act 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, land tenure holders, in the case of
forestlands, be it an individual, communal, corporate or group shall be held responsible for
developing and conserving their lands thereby making their lands productive and supportive
of environmental stability.

SEC. 3. Scope. - This Act shall apply to all lands whether public, private, government-
owned, and/or in the possession of individuals, communities, indigenous people, or groups of
people, to provide fora rational, holistic, and just allocation, development and management
of land including such activities that bear impact on said resources.

CHAPTER I
DEFINITIONS

SEC. 4. Definition of Terms. - As used in and for purposes of this Act, the following terms
shall mean:

a.) “Agricultural land” shall refer to land of public domain which have been devoted
to agricultural activity as defined in Republic Act No. 6657, as amended and not further classified
for residential, commercial or industrial use and such other uses as may be provided by law;

b) “Agricultural land use conversion” 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 Agrarian Reform (DAR);

©.) “Alienable and disposable (A&D) lands” shall refer to lands of the public domain
which have been delineated, classified, and certified as open and available for 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.) “Basic Sector” shall refer to a group of people not referring to any organized groups
such as but not limited to women, youth, elderly, differently-abled, peasants and fisher folk;

f) “Basic Shelter’ shall refer to any subdivision unit, housing unit or
condominium satisfying the barest minimum shelter requirements under the minimum design
standards of Batas Pambansa Big. 220;

2) “Comprehensive Land Use Plan (CLUP)” shall refer to a document
embodying a set of policies and guidelines, accompanied by official maps and similar illustrations,
that serves as principal basis for determining the future land use of lands and natural resources
for production and protection purpose 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 ten (10) years;

h.) “Comprehensive land use planning” shall refer to the act of defining the allocation,
utilization, development and management of all lands within a given territory or jurisdiction
according to the inherent characteristic of the land itself and supportive of sustainable, economic,
demographic, socio-cultural and environmental objectives as an aid to decision-making and
legislation;

i) “Coastal area/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, 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;

5.) “Critical habitats” shall refer to areas outside protected areas as defined in
Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System Act
of 1992", that are known habitats of threatened species and designated as such based on scientific
data taking into consideration species endemicity and/or richness, presence of human-made
pressures/threats to the survival of wildlife living in the area, among others;

k) “Critical watershed” shall refer to a drainage area of a river system supporting
existing and proposed hydro-electric power, domestic water consumption, irrigation works or
existing water facilities needing immediate protection and rehabilitation to minimize erosion
and improve water yield. It shall be closed for logging until it is fully rehabilitated;

1) “Cultural heritage” shall refer to the totality of cultural properties preserved and
developed through time and passed on for posterity;

m.) “Customary laws” shall refer to a body of written and/ or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted, and observed by
respective ICCs/IPs, consistent with the IPRA;


n.) “Development plan” shall refer to a document that defines the activities or 4
measures that the national government or local government units (LGU's) 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 land use or
physical framework plans. It may include an analysis of problems and resources, definition of
goals and objectives, policy guidelines, project and target achievements, and an implementation
mechanism which defines the roles and contributions expected from the government and the
private sector. Development plans include the national-level Medium-Term Philippine
Development Plan (MTPDP) and its counterpart plans at the regional, provincial and local levels
called the Medium-Term Regional Development Plan (MTRDP), the Provincial Physical
Framework and Development Plan (PPFDP) and the Comprehensive Development Plan (CDP).
These plans are translated into medium-term investment programs, also prepared at the national,
regional and local levels, where programs, projects and activities derived from the development
plans are ranked, prioritized, and matched with investment financing capacities,

0.)  “Ecologically-fragile lands” refer to lands within the critical watershed, 20
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 ecosystem;

p.) “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;

q.) “Energy resource lands” shall refer to lands where naturally occurring or
indigenous energy resources exist in sufficient quantity or quality as to be economically viable for
exploration, development, production, utilization, and distribution process;

1.) “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;

s.) “Environmentally critical areas” shall refer to areas declared by law as: (a)
protected areas pursuant to Republic Act No. 7586 or the “NIPAS Act of 1992”; (b) areas for
natural parks, watershed reserves, wildlife preserves, and sanctuaries; (c) areas set aside as
aesthetic potential tourist spots; (d) areas which constitute the habitat of any endangered or
threatened species or indigenous Philippine wildlife (flora and fauna); (¢) areas of unique historic,
archaeological, or scientific interests; (f) areas which are traditionally occupied by ICCs/IPs;
(g) areas with critical slopes; (h) areas exposed to geologic and hydro-meteorologic hazards; (i)
prime agricultural lands; (j) recharge areas of aquifers; (k) water bodies; (I) mangrove areas; (m)
coral reefs; (n) mossy and old-growth forests; (0) rivers and river banks; (p) swamp forest and
marshlands; and (q) 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;

t) “Estuary” shall refer to a wetland type where the river mouth widens into a marine
ecosystem, the salinity of which is intermediate between salt and freshwater where tidal action is
an important biophysical regulator;

u) “Exhausted energy resource lands” shall refer to specific energy resource sites
whose energy reserves of the desired type(s) are no longer in sufficient quantity or quality to justify
additional expenditure for their extraction and utilization as certified by the Department of Energy;


v.) “Exhausted mineral lands” shall refer to specific sites whose mineral deposits are
no longer in sufficient quantity or quality to justify additional expenditure for their extraction and
utilization as may be determined by the latest technology available,

w.) “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 as determined by the Mines and Geosciences Bureau and
approved by the DENR;

x.) “Flood plain” shall refer to the portion of a river valley adjacent to a river channel
which is covered with water when river overflows its banks at flood stages. The plain usually
consists of silt deposited by the stream;

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

2) “Food security” shall refer to the policy objective of meeting the food availability,
accessibility, quality 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;

aa.) “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;

bb.) “Forestlands” shall refer to lands of the public domain classified and/or determined
as needed. They include all permanent forests or forest reserves, forest reservations and all
remaining unclassified lands of the public domain;

cc.) “Foreshore land” shall refer to the part of the shore which is alternately covered
and uncovered by the ebb and flow of the tide;

dd.) “Free and Prior Informed Consent” refers to consensus of all members of the
ICCs/IPs to be determined in accordance with their respective customary laws and practices, free
from any external manipulation, interference and coercion, and obtained after fully disclosing the
intent and scope of the activity, in a language and process understandable to the community;

ee.)  “Geo-hazards” shall refer to natural and human-induced geological processes
that have potential to cause destruction and pose a threat or risk to human life and property;

ff.) “Geo-hazard prone areas” shall refer to areas frequently visited and/or vulnerable
or prone to experience weather/climatic, hydrologic, geologic, and other natural calamities;

gg.) “Heritage Zone” refer to historical, anthropological, archaeological and artistic
geographical areas and settings that are culturally significant to the country as declared by the
National Museum and/or National Historical Commission of the Philippines, pursuant to R.A.
No. 10066 or the “National Cultural Heritage Act of 2009”;

hh) “Mlegal agricultural land 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 DAR Secretary;


ii.) “Improvements” shall refer to all types of buildings and residential units, walls,
fences, structures or construction of all kinds of fixed character or are adhered to the soil but shall
not include trees, plants, growing fruits, and other fixtures that are mere super impositions on the
land, and the value of improvements shall not be less than fifty percent (50%) of the assessed value
of the property;

fi) “Inclusive growth” refers to ensuring that the economic opportunities created by
growth are available to all, particularly the poor, to the maximum possible extent;

kk.) “Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)” shall refer
to groups of people or homogenous societies identified under Republic Act No. 8371 or the
“Indigenous People's Rights Act (IPRA)”;

Il) “Indigenous energy resources” shall refer to energy resources, which originate or
occur naturally in the Philippines;

mm.) “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";

nn.) “Inter-tidal sand flat” shall refer to a juvenile fish-feeding area and habitat for
crustaceans. The littoral gravel and sand biotopes are also used by important wintering ground and
roosting/feeding grounds of indigenous migratory birds,

00.) “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;

pp.) “Key biodiversity areas” shall refer to sites that are nationally and globally
significant for biodiversity conservation primarily containing species that require site-scale
conservation to prevent extinction in the short-term and medium-term. Such species may be
nationally and globally threatened, restricted-range and/or nationally and globally significant
congregations of species;

qq.) “Lagoon” shall refer to a semi-enclosed coastal basin with limited freshwater
input, high salinity and restricted circulation which often lies behind sand dunes. It is often highly
productive and habitat for variety of plants and animal, serves as nurseries of prawns and shrimps
and also site for harbor, aquaculture, industry and recreation;

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

ss.) “Land use” shall refer to the manner of utilization of land, including its allocation,
development, and management;

tt.) | “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;

uu.) “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,


wv.) “Mandatory public hearings/consultations” shall refer to the mechanism to ensure
the active participation of concerned sectors in all affected areas in land use planning from the
local to the national level. It involves giving effective notice of hearing/consultation to concerned
sectors within an affected area through direct written invitations, using regular mail or electronic
means, and publication/posting in conspicuous places, conduct of a reasonable number of hearings
in or proximate to the specific area affected, and solicitation of positions and the public
presentation and public confirmation of the planning results in the specific area affected before the
final adoption of the plans;

ww.) “Minerals” shall refer to all naturally occurring inorganic substance in solid, gas,
liquid or intermediate state excluding energy materials such as coal, petroleum, natural gas,
radioactive materials and geothermal energy;

xx.) “Mineral exploration” shall refer to the systematic searching or prospecting for
mineral resources;

yy.) “Mineral lands” shall refer to lands where mineral resources are found;

zz.) “Mineral resources” shall refer to any concentration of minerals/rocks with
potential economic value;

aaa.) “Mud flat” shall refer to a wetland type that is usually an unvegetated area,
dominated by muddy substrate which provides rich feeding grounds for vertebrates such as fish
and water birds and also important in preventing soil erosion;

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

ccc.) “National Land Use Commission (NLUC)” shall refer to the highest land use
policy making body created under Section 14 of this Act;

ddd.) “National Parks” shall refer to a forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such exclusively to conserve
the area or preserve the scenery, the natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas;

eee.) “National physical framework plan” shall refer to an indicative plan containing
the policy areas promoting the most appropriate and rational use of land and other physical
resources such as but not limited to protection, production, settlement and infrastructure land use.
It provides policy guidelines for all decisions relating to land use and environmental management,
to prevent and mitigate the adverse effects of inappropriate resource utilization on the country's
food security and food self-sufficiency on rice and corn, the people's welfare and their
environment. It embodies both policies and strategies necessary to carry out goals and objectives
of this Act;

fff) “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;

ggg.) “Non-agricultural land use conversion” shall refer to the act of changing the
current use of a piece of non-agricultural land into some other uses;

hhh.) “Non-government organization” shall refer to a private and non-profit voluntary
organization which 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;

iii.) _“Patrimonial properties” refer to all the properties belonging to the State that are
not intended for public use or for public service for the development of national wealth;

iii.) “People's organization” shall refer to a private, non-profit, voluntary and
community-based organization with membership constituency established primarily to provide
service to its members and the community in general;

kkk.) “Physical framework plans” shall refer to indicative plans based on
comprehensive land use plans (CLUPs) and national policies whether national, regional, or
provincial which provide policy guidelines for all decisions 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, it embodies both policies and strategies
necessary to carry out development goals and objectives;

HL) “Premature or illegal conversion of agricultural lands” 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 DAR
Secretary;

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

nnn.) “Production land use” shall refer to the direct and indirect utilization of land to generate
outputs resulting from the following activities, but not limited to: agricultural, fish, farming or
aquaculture, timber production, agro-forestry, grazing and pasture, mining, indigenous energy
resource development, industry, and tourism;

000.) “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,

ppp.) “Protection land use” shall refer to the utilization of land primarily for
food, water and energy security, rehabilitation, conservation, and protection purposes for the
promotion of the country's ecological and life-support systems;


qq.) “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;

rr.) “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;

sss.) “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
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 use;

ttt.) “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)”;

uuu.) “River basin” shall refer to the portion of land drained by a river and its tributaries.
It encompasses the entire land surface dissected and drained by many streams and creeks that flow
downhill into one another, and eventually into one river. The final destination is an estuary or an
ocean;

vw.) “Settlements” shall refer to formal and informal communities or built-up residential
areas where people prefer to live in land areas classified, zoned, or converted for current or future
residential or housing development purposes, including socialized housing zones for the homeless
and underprivileged citizens,

www.) “Settlements development” shall refer to any improvement on existing formal or
informal residential or housing settlements or any proposed development of certain areas for
residential or mass housing settlement purposes. It also involves the spatial distribution of
population, identification of the roles and functions of key urban centers, determination of
relationships among settlement areas, and the provision of basic services and facilities of identified
major residential or housing settlement areas or growth centers. It is also concemed with the
interrelationship of settlements as they develop and establish functional linkages based on their
respective resource endowments and comparative advantages,

xxx.) “Shoreline” shall refer to the line where shore and water meet;

yyy.) “Significant caves” shall refer to caves which contain materials or possess
features that have archaeological, cultural, ecological, historical or scientific value as determined
by the Department of Environment and Natural Resources (DENR) in coordination with the
scientific community and the academe;

zzz.) “Socialized housing” shall refer 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;

aaa.) “Socialized housing zones” shall refer to lands identified and designated by local
government units as sites for socialized housing, pursuant to Article IV of Republic Act No. 7279
or the UDHA, and its implementing guidelines. It shall include areas that are presently occupied
by the urban poor, as well as those identified as resettlement areas as defined herein;


bbbb.) “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;

cece.) “Stakeholder” shall refer to an individual, social group or organization that has a
direct or indirect interest in an activity, project, resources, or decision;

dddd.) “Tourism development areas” shall refer to specific sites for tourism development
located in areas identified as priorities in the national, regional, and inter-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 such as tourist spots, tourist zones
and tourism ecozones which can be developed into tourism estates or integrated resort, leisure,
and recreation complexes, and other tourism related facilities;

ecee.) “Tourism Enterprise Zone” refers to an area designated as tourism enterprise zone
by the Tourism Infrastructure and Enterprise Zone Authority pursuant to the provisions of RA
9593 otherwise known as the Tourism Act of 2009;

fff.) “Tourism” 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 necessary infrastructure. The estate shall be under
one unified and continuous management;

gege.) “Tourist spot” shall refer to a particular area/site/spot, human-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;

hhhh.) “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 (DOT) and the Tourism Infrastructure and Enterprise Zone Authority
(TIEZA). A tourist zone is established for the enhancement and/or the conservation of cultural
and historical heritage and for the appreciation and enjoyment of the local population and its
visitors;

iii.) “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;
pal pop

jij.) “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;

Kkkk.) “Urban forestry or Green space” shall refer to the establishment and management
of forest in urban environment for the physiological and psychological well-being of the people;

IIL) “Water security” shall refer to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain a healthy life;


mmmm.) “Water use” shall refer to the appropriation of water for domestic,
municipal, irrigation, power generation, inland fisheries, poultry and livestock raising, industrial
and commercial, environmental, and recreational use and other purposes;

nnnn.) “Watershed” shall refer to a land area drained by a stream or fixed body of water
and its tributaries having a common outlet for surface runoff,

0000.) “Zoning” shall refer to the process of delineating the specific uses of lands in
accordance with the approved Comprehensive Land Use Plan (CLUP) within the territorial
jurisdiction of a city/municipality and specifying the conditions for their regulation; subject
to the limitations imposed by law and competent authority; and,

pppp.) “Zoning ordinance or ZO” shall refer to a local law passed by the Sangguniang
Bayan or Pangtunsod 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 29 of this Act.

CHAPTER IIT
PHYSICAL FRAMEWORK AND LAND USE PLANS:

SEC. 5. 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
National Land Use Commission (NLUC) shall draft the National Physical Framework Plan
(NPFP) which shall have a timeframe of thirty (30) years, with regular review and updating every
ten (10) years. The NPFP, which guides the planning and management of the country's land and
other physical resources at the national and sub-national levels, shall indicate broad spatial
directions and policy guidelines on settlements development, production land use, protection land
use, social services and utilities, and transportation and communication. The Regional Physical
Framework Plans (RPFPs), Provincial Physical Framework and Development Plans (PPFDPs),
and Comprehensive Land Use Plans (CLUPs), which shall also have a 30-year timeframe and
cover the physical development of their respective territories, shall be consistent with the national
physical framework plan: Provided, That the integration and harmonization of the physical
framework plans at all levels shall be iterative to ensure that the concerns of both top and bottom
levels of government are considered. The physical and land use plans prepared at all levels shall
have internal consistency specifically on, but not limited to, the development, management and
conservation of forestlands found within a given territory and the linkages of the major land
use categories to ensure their complementation in the utilization, development and management
of resources.

The NLUC shall issue procedural guidelines which shall guide the formulation and
integration/harmonization process: Provided, That, National Economic and Development
Authority (NEDA), Housing and Land Use Regulatory Board (HLURB), Department of Interior
and Local Government (DILG) and other agencies will continue to issue guidelines on the content
of the plans consistent with their respective agency mandates.

SEC. 6. City and Municipal Land Use Plans. —The City/Municipal Planning and
Development Office (C/MPDO), 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. The CLUP shall be consistent with the PPFDP and shall
define the city/municipal development vision, appropriate economic, environmental and social
development policies, densities and transportation system.

The CLUP may be formulated as a component of a Comprehensive Land Use and
Development Plan (CLUDP), which merges the traditionally separate CLUP and comprehensive


development plan to address the disconnect between spatial and sectoral factors and to ensure
the complementation between the medium- and long-term concerns.

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

SEC. 7. Provincial Physical Framework and Development Plans (PPFDP). - In
consultation with concerned sectors, the Provincial Planning and Development Office (PPDO)
shall prepare a Provincial Physical Framework and Development Plan (PPFDP) which shall define
the province's development vision, economic and social development policies, general land uses,
and inter-city/municipal transportation system. The PPFDP shall harmonize the land use plans of
component cities and municipalities, taking into consideration shared resources and planning
concerns, and define the uses of land and other resources within the province consistent with the
policies in the regional physical framework plan. The programs, projects and activities prescribed
in the PPFDP shall be integrated into the provincial development investment program. The PPDO
shall submit the PPFDP to the Provincial Land Use Policy Council (PLUPC), created under
Section 20 of this Act, for review and endorsement to Sangguniang Panlalawigan, which shall
adopt the same pursuant to Section 468 (2) (vii) of RA 7160 or the Local Government Code,

SEC. 8. Regional Physical Framework Plans. - \n 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 regional physical framework plan, which depicts an end-state scenario toward which
efforts and activities are directed, shall consist of spatially-based and area-focused policies,
consistent with those in the national framework for physical planning, to guide detailed physical,
socio-economic, sectoral and investment planning.

SEC. 9. National Physical Framework Plan (NPFP). -The National Land Use
Commission (NLUC) created in Section 14 herein, in consultation with the concerned sectors
through the mandatory conduct of public hearings, shall formulate, periodically update and ensure
the implementation of a national physical framework plan that shall prescribe and influence the
country's land use and physical development. The NPFP shall operationalize the policies provided
in this act and will 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.

The policies prescribed in the NPFP shall be integrated into the MTPDP and Medium-
Term Philippine Investment Program.

CHAPTER IV
FRAMEWORK FOR LAND USE PLANNING

SEC. 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.

SEC. 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, forestry, agro-forestry and extraction activities
and other income-generating or livelihood activities may be allowed: Provided, That multiple uses
of land resources shall be excluded in areas identified as protection land use: Provided, further,
‘That such land resources shall be in accordance with priorities in land use allocation and planning
and that no reclassification shall be allowed.

SEC. 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 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, vegetative cover, demography
and slope;

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

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

(e) Technological changes/advancement;

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

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

SEC. 13. Categories of Land Uses for Planning Purposes. In determining and defining
the national, regional and provincial framework plans, and CLUPS, land uses shall be grouped into
four major functional uses as follows:

(a) Protection Land Use shall refer to the use of land primarily for food, water and energy
security, rehabilitation, conservation, and protection purposes for the promotion of the country's
ecological and life-support systems. Planning for protection land use intends to achieve food self-
sufficiency in rice and corn, water and energy security, environmental stability and ecological
integrity, ensure a balance between resource use and the preservation of some areas with
environmental, aesthetic, educational, cultural, heritage and historical significance, and protect
people and human-made structures from the ill-effects of natural hazards. All lands, either public
or private, under protection land use shall be permanently conserved, preserved, rehabilitated and
protected from all other land uses, disposition, intrusion, utilization and development that is not
consistent from its existing uses. Areas under this category also include those covered by Republic
Act No. 7586 or the 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. Old-growth forests and mossy;
a.2, Areas with more than 50% in slope gradient;
a3. Mangrove and fish sanctuaries, pursuant to. Republic Act No. 8435 or the

“Agriculture and Fisheries Modernization Act of 1997” and Republic Act No. 8550
or “The Philippine Fisheries Code of 1998”;


a4. Buffer zones or strips/easements, pursuant to Presidential Decree No. 705,
amending Presidential Decree No. 389, otherwise known as the “Forestry Reform
Code of the Philippines” and Presidential Decree No. 1067 or the “Water Code of
the Philippines”;

a.5. Salvage zones along foreshore areas, freshwater swamps and marshes, plazas
and heritage/historic sites, pursuant to Presidential Decree No. 2146;

a.6. Watersheds supporting domestic water supply;

a.7. Utility easement like transmission lines of power companies, oil and gas
facilities, cell sites, and domestic water lines;

a.8. Amenity areas or those with high aesthetic values, pursuant to Presidential
Decree No. 2146,

a.9, Natural and human-made areas/sites of cultural, historical and anthropological
significance, which are declared as such by internationally recognized
organizations and concerned national agencies;

a. 10. Critical habitats as provided in Republic Act No. 9147 or the “Wildlife
Resources Conservation and Protection Act”;

a.11. Significant caves under Republic Act 9072 or the “National Caves and Cave
Resources Management and Protection Act”; or

a. 12. Key biodiversity areas under Executive Order 578 Series of 2006 or the
“National Biodiversity Policy”.

(b) Production Land Use shall refer to the direct and indirect utilization of land resources
for crop, fishery, livestock and poultry production, forestry, agroforestry, mining, industry,
energy development, indigenous energy exploration and development, and tourism. Planning for
production land 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, 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/Integrated Forest Management Agreement (IFMA), community based
forest management 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 settlements development plan ensures 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.

(a) Infrastructure Development shall refer to the availability or supply of basic services
and fostering of economic and other forms of integration necessary for producing or obtaining the
material requirements of Filipinos, in an efficient, responsive, safe and ecologically friendly built
environment. It covers sub-sectors of transportation, communications, water resources, and


social infrastructure: Provided, That the determination of functional uses of lands within
ancestral domains shall consider traditional resource and management systems that do not
endanger the lives of the people and property of the local community and neighboring areas or
increase the vulnerability of the natural environment to the effects of natural and human-induced
geological processes

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISMS

Article 1
National Land Use Commission

SEC. 14. Creation of the National Land Use Commission (NLUC). - The National Land
Use Commission, hereinafter referred to as NLUC, is hereby created as a Commission under the
Office of the President. It shall exercise the powers and responsibilities of the current National
Land Use Committee which is hereby abolished.

The NLUC shall act as the highest policy making body on land use and resolve land use
policy conflicts between or among agencies, branches, or levels of the government. It shall
integrate efforts, monitor developments relating to land use and the evolution of policies. It may
also establish Regional Offices.

SEC. 15. Composition of the NLUC. - The NLUC shall be composed of the following.
a) The President of the Republic of the Philippines as Chairperson;

b) The Director-General of the National Economic and Development Authority
(NEDA) and Secretary of the Department of Environment and Natural Resources
as Vice-Chairpersons,

The President may designate from among the two Vice-Chairpersons a Chief
Executive Officer who shall supervise the day-to-day affairs of the NLUC.

The members shall be;

c) The Chairperson of the Housing and Urban Development Coordinating Council
(HUDCC), the Secretaries of the Department of Agriculture (DA), the Department
of Agrarian Reform (DAR), the Department of Trade and Industry (DTI), the
Department of Public Works and Highways (DPWH), the Department of
Transportation (DOTr), the Department of Tourism (DOT), the Department of
Interior and Local Government (DILG), the Department of Justice (DOJ), the
Department of Science and Technology (DOST), the Department of Finance
(DOF), the Department of Energy (DOE) and the Chairperson of the National
Commission on Indigenous Peoples (NCIP);

The Department Secretaries and the Chairperson of the NCIP may designate a
representative with a rank not lower than Assistant Secretary and
Commissioner, respectively: Provided, That the designated representative shall be
on a permanent basis.

4) A representative each from the Leagues of Provinces, Cities and
Municipalities;

e) A representative each from four (4) basic sectors directly involved in land use,
namely: urban poor, farmer-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). At least two (2) sectoral representatives shall be
women;

£) Two (2) representatives from private subdivisions, and housing developers;
and

g) Two (2) representatives from the accredited association of professionals
dealing on land use such as but not limited to urban and regional planners,
environmental planners, architects, geologists and geodetic engineers;

A consultative body shall likewise be convened by the NLUC 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 NLUC, and from non-government sectors such as the private
sector, non-government organizations (NGOs) and people's organizations (POs)
and the academic community.

SEC. 16. Powers and Functions. - The NLUC 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 all laws, guidelines and policies relevant to land use and
physical planning to come up with a rational, cohesive, and comprehensive national land use
framework;

c) Formulate policies and endorse land use and physical planning-related policies that may
be formulated by the Regional Land Use Policy Council (RLUPC), created under Section 21 of
this Act, 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 national framework for
physical planning to provide the general framework for the spatial development directions for the
entire country and sub-national levels;

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

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

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

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

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

j) Monitor and coordinate activities in the establishment of a national land resource
information and management system of concerned agencies that shall integrate and process


information on land use and allocation generated by the various national government agencies;
define information requirements at various levels; and standardize information inputs and outputs
including scales and symbols used in territorial and sectoral maps;

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

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

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

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

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

SEC. 17. NLUC TECHNICAL SECRETARIAT (NLUC-TS). - A Technical Secretariat
shall be created to provide technical support to the NLUC. It shall be headed by an Executive
Director and composed of:

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

b. The representatives of NLUC members as enumerated in Section 15 (d), (e) and (g) of
this Act.

SEC. 18. The NLUC Technical Secretariat Executive Director. — The Executive
Director shall supervise the operations of the NLUC Technical Secretariat and assist the NLUC
Chairperson or his/her designated CEO.

In the absence of the CEO, he shall preside over the meetings of the NLUC-TS. He shall
also perform such other functions as may be tasked by the Chairperson or CEO-Vice Chairperson.

SEC. 19. Offices, Units and Staff Support. - The Policy And Planning Unit of the HLURB
shall be the core secretariat of the NLUC. The Staff in the HLURB Policy and Planning Unit and
NEDA Regional Development Office who opted to transfer to the NLUC shall be given priority
without diminution in rank and remuneration. The staffing pattern shall be drafted by the NLUC
in coordination with the DBM and Civil Service Commission.

Other government agencies may also be called upon for staff support.

Article 2
Local Development Councils as Local Land Use Policy Councils

SEC. 20. City/Municipal Land Use Policy Council (C/MLUPQ). - The City/Municipal
Development Council (C/MDC), created under Section 106 of the Local Government Code, shall
act as the City/Municipal Land use Policy Council (C/MLUPC) that will tackle land use concerns
whenever necessary. A duly authorized representative from the DAR, the DENR and the DA shall
be included in the composition of the C/MLUPC.

In addition to the functions enumerated in Section 109 of the LGC, the C/MLUP 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

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

For purposes of this Act, the City/Municipal Planning and Development Coordinator
(C/MPDC) shall: (a) act on all applications for locational clearances for all projects except those
of vital and national economic or environmental significance; and (b) monitor on-going/existing
projects within their respective jurisdictions and issue notices of violation to owners, developers,
or managers of projects that are violative of zoning ordinances. The C/MLUPC may call upon any
local official concerned such as C/MPDC, City/Municipal Agriculturist, City/Municipal
Environment and Natural Resources Officer, City/Municipal Engineer, City/Municipal Assessor,
or any official of national agencies during discussions on land use and physical planning concems.

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

SEC. 21. 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. A duly authorized representative
from the DENR, DAR and the DA shall be included in the composition of the PLUPC.

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 provincial
physical framework plans, prepared and periodically updated by the Provincial Planning and
Development Office and other land use and physical planning-related policies;

c. Assist the Sangguniang Panlalawigan in reviewing the CLUPs of component
cities/municipalities to ensure consistency with the provincial physical framework plans 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.

SEC. 22. Regional Land Use Policy Council (RLUPC). - At the regional level, the
Regional Land Use Policy Council (RLUPC) shall be institutionalized, replicating the NLUC
structure and composition which shall include a duly authorized representative from the NEDA,
the DENR, DA and the DAR. The RLUPC shall have the following functions:


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

b. Prepare and periodically update a regional physical framework plan, taking into
consideration national polices and lower level plans;

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

4. Review, prior to adoption by respective Sanggunians, the provincial physical framework
plan and CLUPS of highly urbanized and independent component cities to ensure consistency with
the regional physical framework plan and national policies set forth by LUPC and compliance with
limits prescribed under the 1991 LGC for reclassifying agricultural lands,

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

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

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

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

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

Article 3
Adoption, Approval and Review of Land Use Plans

SEC. 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 8 hereof on the preparation of the
provincial physical framework plan. Upon adoption and approval of the CLUP and ZO by the
Sanggunian, all land areas zoned for residential purposes or for settlements development shall
cease to be covered by the CARP and therefore, shall not be required to secure further order of
land conversion or exemption certificates from the DAR, except for the payment of
disturbance compensation if applicable, as well as the requirements pertaining to the issuance of
environmental compliance certificate (ECC) by the DENR.

SEC. 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 provincial physical framework plan, as the case may be, through
their respective Sanggunian but subject to the review of the RLUPC as provided in Section 22 of
this Act.

Article 4
Responsibilities of the National Government Agencies and LGUs

SEC. 25. National Base Mapping Program. - A national mapping program shall be
implemented, coordinated, and monitored through the creation of an Inter- agency Technical
Committee (UC) 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), DAR, the National Water Resources Board


(NWRB), DOE, NEDA and other concerned government agencies/bureaus. The UC shall be
constituted, and the mapping program shall be initiated, within thirty (30) days from the effectivity
of this Act. The agencies mentioned in this Section shall endeavor to finish their base mapping
program within two (2) years upon the effectivity of this Act.For purposes of uniformity and
standardization, the LGUs, to be assisted by the appropriate agencies of the national government,
shall likewise prepare their respective territorial maps using scales, symbols, and other indicators
to be prescribed in accordance with this Act. The completed maps shall be integrated in the
national physical framework plan pursuant to Section 5 of this Act.

SEC. 26. 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 NLUC 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 Risk Reduction and
Management Council (NDRRMC), the Regional Disaster Risk Reduction and Management
Council (RDRRMC), 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, landslides, severe flooding, lahar, ground rupturing, tsunami, river
erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow, base surge,
and other natural hazards.

For purposes of uniformity and standardization and in order to develop a safe-built
environment, the LGUs shall subsequently incorporate and integrate the generated 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 plans. The national
framework physical planning, pursuant to Section 5 hereof, shall incorporate these geo-hazard
maps.

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

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

SEC. 28. Submission of Annual Report on the Implementation of CLUPs. - The
C/MLUPC shall submit an annual report on the implementation of their land use plans to the
PLUPC, which shall integrate the same for submission to the RLUPC, which shall in turn integrate
the provincial reports for submission to the NLUC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

Article I
Agricultural Lands

SEC. 29. Priority Areas for Agricultural Development. - Priority areas for agricultural
development shall be those agricultural areas covered under Republic Act No. 6657 or the CARP,
as amended, and those covered under Network of Protected Areas for Agricultural and Agro-
Industrial Development (NPAAAD), defined in Section 4 of this Act and in R.A. No. 8435 or the
“Agriculture and Fisheries Modernization Act”.

SEC. 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 LCDs, 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 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 22 of R.A.
No. 9700 or “CARP Extension” shall apply: Provided, furthermore, 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 the DAR: Provided, finally. That the mapping of the NPAAAD under the AFMA shall
be completed within two (2) years from the effectivity of this Act.

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

SEC. 31. 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 DAR shall
provide the LGUs with complete list and maps of protected agricultural lands within their
territorial jurisdictions.

Article 2
Forest Lands and Watershed Mai

gement

SEC. 32. Reversion of Alienable and Disposable Lands to Forestlands. - Upon the
recommendation of the Secretary of the DENR, duly reviewed and endorsed by the NLUC, and
after due consultations with the concerned LGUs and affected parties, Congress may authorize the
reversion of alienable and disposable lands of the public domain or portion thereof to forestlands.
Thereafter, said lands shall be included in the preparation of land use plans within forestlands.

SEC. 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.

SEC. 34. Formulation and Implementation of Integrated Watershed Management
Plans.- In the absence of a law on the protection and sustainable management of our forests, the
LGUs through their local land use committees and upon mandatory consultations with the
concerned sectors, and with the assistance of DENR, 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. A nationwide mapping of watersheds in the
country shall be implemented.

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 shalll 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.

The preparation of forest land use plans shall make use of the watershed as the basic
planning unit.

Article 3
Coastal Zone

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

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

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

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

d) Areas accessible to the sea and identified for fisherfolk settlement and housing shall
be allocated to traditional fisherfolk who are inhabitants of the coastal communities and members
of legitimate 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 which 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;

8) 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
which are under lease agreements or arrangements shall undergo zoning and evaluation to
determine their boundaries and actual sizes and corresponding uses.

SEC. 36. Coastal Land Zone Sub-classification. - All public lands in the coastal zones
shall be sub-classified into any of the following: estuaries, lagoons, inter- tidal flats, mudflats,
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:

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


b) Prior consultation with the Local Fisheries and Aquatic Resource Management
Councils (FARMCs) formed under Republic Act No. 8550 or the “Philippine Fisheries Code”.

SEC. 37. Zoning of Foreshore 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.

SEC. 38. Protection of Waterways Easements and Flood Plains, - Structures of any kind
shall not be built in waterways easements. Pursuant to PD 1067 or the “Water Code”, the banks of
rivers and streams and the shores of the seas and lakes throughout their entire length and within a
zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40)
meters in forest areas, along their margins, are subject to the easement of public use only in the
interest of recreation, navigation, floatage, fishing and salvage.

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

‘The DPWH, in coordination with DOST and DENR, shall declare flood control areas, as
necessary, and prohibit or control activities that could damage or cause deterioration of lakes and
dikes, obstruct the flow of water, change the natural flow of rivers, increase flood losses or
aggravate flood problems pursuant to PD 1067,

Article 4
Mineral Lands

SEC. 39. Criteria for the Utilization and Allocation of Land for Mining Purposes. -
Consistent with Section 6 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 five (5)
years as determined by the Mines and Geosciences Bureau (MGB) shall be placed under
appropriate surface management by the DENR; and

4) 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.

©) Protection forestlands and agricultural lands shall be exempt from mining
activities to minimize the effect of natural calamities and to protect food security respectively.
The small to large scale mining operations shall yield from and recognize the tenurial instrument
given by the government such as original certificate of title (OCT), transfer certificate of title
(TCT), certificate of ancestral domain title (CADT), emancipation patent-certificate of land


ownership award (EP-CLOA) and other instruments. If these be present, no mining activity shall
be conducted.

SEC. 40. 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 forestland or agricultural land. In the case of forestlands,
the DENR may classify such areas for other purposes in consultation with concerned LGU's,
the Department of Tourism (DOT), and other national government agencies.

Article 5
Energy Resource Lands

SEC. 41. 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.

SEC. 42. 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 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 VIL
SETTLEMENTS DEVELOPMENT

SEC. 43. Town, City, and Settlements Development. - The development of town, city,
and settlements through the zoning ordinances of cities and municipalities shall be guided by
CLUPs and urban zoning standards designed to maximize existing urban spaces. Socialized
housing and settlement areas shall be established only on alienable and disposable lands in order
to avoid further degradation of forestlands.

SEC. 44, Settlements with in Geo-hazard Areas. - Settlements, in particular housing or
residential developments, 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.

Residential zones as designated in the CLUP shall be considered as outside the geo-hazard
areas. For this purpose, housing projects within such areas shall be exempt from the ECC as well
as the Engineering Geological and Geohazard Assessment Report (EGGAR) and maybe
implemented without the need for any further certificate of exemption from the DENR or
any other government regulatory agency.

SEC. 45. Designation of Sanitary Landfill. - Each city or municipality shall identify,
designate and allocate an area within their territorial jurisdiction to serve as sanitary landfill within
one (1) year from the effectivity of this Act. The LGUs, in coordination with the DENR or
any other competent authority, shall identify sanitary landfill in order to fast-track the conduct of
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,
pursuant to R.A. No. 9003, otherwise known as the “Ecological Solid Waste Management Act of
2000”. 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
and establishment of solid waste management programs by cities and municipalities, and shall
submit the same to the LUPC for review and approval.

SEC. 46. Designation and Zoning of Socialized Housing Zones. - Each 4 city or
municipality in urban, urbanizable and rural areas shall designate through the CLUP adequate
lands for housing or residential purposes, including socialized housing and resettlement areas for
the immediate and future needs of the local population as well as the underprivileged and homeless
in their territory, pursuant to existing laws and regulations. In order to ensure adequate availability
of land for the housing needs of the local population, the CLUP shall be updated, at maximum,
‘every ten (10) years for provinces, cities and municipalities. 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 36 (b) of this Act.

The housing or residential lands designated in the CLUPS and ZOs of cities and
municipalities shall, on one hand, not be subject to further land reclassification by the LGU or land
conversion procedure under DAR. On the other hand, agricultural lands as designated in the CLUP.
which are no longer economically feasible for agricultural use may be subject to land
reclassification or conversion to housing/residential purposes and such conversion, as the case may
be, shall be exempt from the coverage of any moratorium on land conversion.

SEC. 47. Urban Forest or Green Space. - Each city or highly urbanizing municipality
shall identify, designate, and allocate lands owned by the city or municipality as urban forest or
green space based on the guidelines and standards to be issued by the DENR and approved by the
NLUC.

CHAPTER VII
INDUSTRIAL DEVELOPMENT AREAS

SEC. 48. Criteria for Designating Industrial Development Areas. - The identification
and establishment of industrial development areas shall conform with the provisions of R. A.


. No.7916, or the “Philippine Economic Zone Authority (PEZA) Act”, R.A. No. 6657 or the
“Comprehensive Agrarian Reform Program, (CARP) Act”, as amended by R.A. No. 9700 or the
“Comprehensive Agrarian Reform Program with Extension and Reforms Act (CARPER)”, R.A.
8371 or the “Indigenous Peoples Rights Act (IPRA)”, R.A. No. 7279 or the “Urban Development
Housing Act (UDHA)”, and R.A. No. 8435 or the “Agriculture and Fisheries Modernization Act
(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;

c) 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

) National framework for physical planning 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 DEVELOPMENT AND HERITAGE AREAS

SEC. 49. Designating Tourism Development Areas. - The identification, selection, and
development of tourism development areas, tourism estates and tourism enterprise zones (TEZs)
shall be done in consultation and coordination with the concerned LGUs, the Tourism
Infrastructure and Enterprise Zone Authority (TIEZA) and concerned national government
agencies, the private sector, and the affected communities, subject to the provisions of R.A. No.
9593 or “Tourism Act of 2009”, 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 and inter-
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.

Lands identified as part of a TEZ shall qualify for exemption from the coverage of RAs
7279 and 6657 subject to rules and regulations to be crafted by the TIEZA, HUDCC and DAR:
Provided, That a certificate shall be obtained from the DA that said lands are no longer
economically feasible and sound for agricultural purposes, consistent with Section 46(c) of this
Act.

SEC. 50. Identification and Declaration of Areas for Protection, Conservation and
Preservation of Cultural Heritage. - Pursuant to R. A. No. 10066, the “National Historical
Commission of the Philippines (NHCP) Act” and/or the National Museum in coordination with
National Commission for Culture and the Arts, HLURB and 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 LCDs in coordination with the NHCP, 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.

CHAPTER X
INFRASTRUCTURE DEVELOPMENT

SEC. 51. 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 6 and 30 of this Act, and Section 47 of R. A. No. 8435 or 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,

(4) 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 human-
made, and cultural character of the area, Mandatory public consultations pursuant to existing laws
and regulations shall be held prior to the conduct of all infrastructure projects that will necessarily
involve dislocation or displacement of people in the area: Provided, further, That the proponent of
the infrastructure project shall follow the rules on just and humane eviction or demolition under
Section 28 of RA. No. 7279 or the “Urban Development Housing Act (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 shalll follow IPRA: Provided, finally, That national government infrastructure projects
shall allocate budget for the adequate relocation of displaced communities.

SEC. 52, 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, “Establishing An Environmental Impact
Statement System, Including Other Environmental Management Related Measures”, and R. A.
No. 4846 or the “Cultural Properties Preservation and Protection Act”, as amended by Presidential
Decree 374.

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) 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, EDUCATION, AND VALUES FORMATION

SEC. 53. Values 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.

SEC. 54. Information and Education Campaign. - The NLUC shall undertake a
nationwide education information campaign in land use and physical planning to be implemented
by local and national government agencies. 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:
Provided, That it shall be mandatory for local government officials involved in the preparation of
CLUPS and PPFDP, including the municipal, city and provincial development officer to attend
the Land Use Management Capability-Building Program.

CHAPTER X I
INCENTIVES, SANCTIONS, AND PENALTIES

Article 1
Incentives and Awards

SEC. 55. Formulation of a System of Incentives and Awards. - The NLUC shall come
out with a system of incentives and awards to LGUs that regularly update their CLUPs within the
prescribed period, as follows:

(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.

SEC. 56. Priority in Giving Technical Assistance to LGUs. - In providing technical
assistance and other forms of support related to land use management and the implementation of
development plans, the national government agencies shall give priority to cities and
municipalities with approved CLUPs.

Article 2
Sanctions and Penalties

SEC, 57. Fine for Non-Completion and Non-Commencement of Development of
Agricultural Lands with Approved Order of Conversion. - A landowner and his/her designated
developer or duly authorized representative who fails to commence 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:

(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


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

SEC. 58. Authority to Impose Fine. - The DAR shall impose the penalty provided for
under the preceding section.

SEC. 59. Withdrawal of Local Development Permits or Licenses. - Upon receipt of
notice from the DAR, 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.

SEC. 60, Utilization of Fines. - The fines collected under Sections 57, 62 and 63 hereof
shall automatically accrue to the Agrarian Reform Fund consistent with the provisions of the
CARP, as amended,

SEC. 61. Failure to Formulate, Enforce, and /or Implement the CLUPs. - Consistent
with due process, the DILG shall investigate, review, and impose appropriate action regarding
local chief executives and other local officials and employees responsible for the formulation,
enforcement, and/or implementation of the CLUPs in case of any of the following:

(a) Failure to implement and enforce the 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.

SEC. 62. Person(s) A betting Ilegal 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 (P100,000,00) pesos,
or both at the discretion of the court: Provided, That if the offender is a public official or employee,
whether elected or appointed, the penalty shall, in addition thereto, include dismissal through
permanent separation from the service and forfeiture of all benefits and entitlements accruing to
the public position and perpetual disqualification to run or apply for any elective or appointive
public office: Provided, further, That if the offender is a juridical person, the penalty of
imprisonment shall be imposed on the president, chief executive officer, manager, chairperson
and all the members of the board, and other responsible officers thereof, and the fine shall be
equivalent to the zonal value of the land or forty percent (40%) of the shareholders equity, as
determined at the time of judgment whichever is higher, plus forfeiture of the land in favor of the


. State for sale though public auction, the proceeds of which shall automatically accrue to the
Agrarian Reform Fund as provided for in Section 58 of this Act.

SEC. 63. 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 (P 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 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, chairperson and all the members of the board,
and other responsible officers thereof

SEC. 64, Payment of Disturbance Compensation. - Following the order of priority as
enumerated in Section 22 of the CARP, as amended, qualified beneficiaries such as agricultural
lessees and share tenants, regular farm workers, seasonal farm workers, other farm workers,
actual tillers or occupants of public lands, collective, or cooperative of the above-mentioned
beneficiaries, and others directly working on the land affected by agricultural land use conversion
shall be entitled to the payment of disturbance compensation equivalent to five (5) times the
average of the gross harvests on the landholding during the last five (5) preceding calendar
years or a certain percentage of the converted land, whichever is higher, as determined by the
DAR.

CHAPTER X II
TRANSITORY AND FINAL PROVISIONS

SEC. 65. Convening of the NLUC. - Within thirty (30) days from the effectivity of this
Act, the President shall convene the NLUC.

SEC. 66. Implementing Rules and Regulations. - Within six (6) months from the
effectivity of this Act, the NLUC shall promulgate the rules and regulations to implement the
provisions of this Act. Said rules and regulations shall be submitted to the Congressional
Oversight Committee for approval

SEC. 67. Congressional Oversight Committee on the Land Use Act. - There is hereby
created a Congressional Oversight Committee which shall monitor the implementation of this Act.
It shall be 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. The Chairpersons of the Senate Committee on Environment and Natural
Resources and the House of Representatives Committee on Natural Resources shall be the Chair
and Co-Chair of the Congressional Oversight Committee, respectively. The other members from
the Senate shall be appointed by the Senate President based on proportional representation of the
parties or coalitions therein with at least one (1) senator representing the minority. The other
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 one (1) member
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 Senate and the House of Representatives.

SEC. 68. Appropriations. -The appropriations for the National Land Use Commission
shall be taken from the budget of the Office of the President in the General Appropriations Act in
the year following the effectivity of this Act and shalll be used to carry out the initial operation of


«the National Land Use Commission. ‘Thereafter, additional sums as may be necessary for the full
implementation of NLUC's functions shall be included in the annual General Appropriations Act.

SEC. 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 three (3) years from the effectivity of this Act.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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,