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

EIGHTEENTH CONGRESS:
First Regular Session

House Bill No, 3553

Introduced by Honorable JOAQUIN M. CHIPECO, JR.

EXPLANATORY NOTE

As part of the administration’s legislative agenda, President Rodrigo Duterte in his 2019
State-of-the-Nation Address (SONA) identified a National Land Use Plan as among his
Priorities. This measure, which has been pending in Congress for many years now, seeks to
rationalize the allocation, disposition, use and management of our limited land resources. There
indeed a need for an overall framework that would harmonize conflicting policies and
legislation with respect to the use of land, such as, but not limited to the following purposes —
agrarian reform, agriculture, ancestral domains, commercial, environmental, fishery, industrial,
protected areas, residential, and tourism. Over and above all these considerations is the urgency
to adopt a policy of sustainable use and development of one of our most vital resources.

On the basis of the foregoing premises, the early approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Honorable JOAQUIN M. CHIPECO, JR.

AN ACT
INSTITUTING A NATIONAL LAND USE AND MANAGEMENT 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 |
INTRODUCTORY PROVISIONS.

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

SEC. 2. Declaration of Policies and Principles. — It is the policy of the State to:

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

(©) Hold owners and users of land responsible for developing aud conserving their lands
thereby making these productive and supportive of sustainable development and environmental
stability in accordance with the principle that the use of Jand bears a social function and that all

economic agents shall contribute to the common good;


(©) Treat groups of islands, including parts of islands, interconnecting waters and other
natural features which are so closely interrelated, as forming an intrinsic geographical, economic
and political entity, or which historically have been regarded as such entity;

(@ Strengthen the capacity of the local government units (LGUs) to manage and maintain
ecological balance within their territorial jurisdiction, in parmership with the national
government, in accordance with the Philippine Constitution and Republic Act No. 7160 or the
‘Local Government Code of 1991.

Towards this end, the State shall institutionalize land use and physical planning as a

mechanism for identifying, determining, and evaluating appropriate land use and allocation
patterns that promote and ensure:

a Maintenance and preservation of environmental integrity and stability;

@) Sustainable and just management and utilization of natural resources;
e) Disaster risk reduction and climate risk-based planning;
(4) Protection of prime agricultural lands for food security, with emphasis on self-

sulficiency through efficient and sustainable use of land resources consistent with the principles
of sound agricultural development, natural resources development, and agrarian reform;

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

(6) Sustainable development and management of water resources;
Mm Settlements, transportation and other infrastructure development in support of
inclusive growth and rural, urban and regional development;

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

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

traditional resource use and management, knowledge, and practices in ancestral domains;


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

Ww) Energy security or energy self-sufficiency;

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

(3) Meaningful participation of the basic sectors.

SEC. 3. Scope. — This Act shall apply to all lands and all resources therein, whether public,
private, government-owned, and/or in the possession of any person, whether natural or juridical,
and shall guide the rational, holistic and just allocation, utilization, development and
management of the country’s land and water resources including such activities that bear impact
on said resources.

SEC. 4. Definition of Terms. — As used in this Act:

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

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

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

(d) Ancestral domains refer to all areas generally belonging to 1CCs/IPs as defined in
Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA) of 1997;


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

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

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

bottom areas;

(@) Comprehensive Land Use Plan (CLUP) refers to a document embodying a set of
policies, accompanied by maps and similar illustrations that serve as a policy guide for
determining the future use of lands and natural resources within the territorial jurisdiction of the
LGUs. It represents the community-desired pattern of population distribution and proposes future
allocation of land and resources to various activities. It includes the processes and criteria
employed in such determination of allocation of land and resources. It is a plan for the long-term
management of the local territory covering a period of a minimum of ten (10) years, reviewable
not earlier than every five (5) years based on the four (4) categories of land use planning
provided in Section 6 of this Act;

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

@ Critical watershed refers to watersheds or forest lands that have been identified and
evaluated to provide critical and vital natural, ecological, environmental and physical beneficial
services such as water, biodiversity, energy, irrigation, social and cultural, among others, to a

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specific area or community and whose biophysical condition demands immediate rehabilitation,

protection and management to prevent its further denudation, deterioration and exploitation;

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

rH) Customary laws cefer 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;

(m) Danger zones refer 10 areas with high level of threat to the lives and well-being of
people that cannot be addressed through scientific, physical and engineering methods, and are
therefore not suitable for settlement and permanent structures. Areas can only be declared as
danger zones after proper technical studies and public consultations with affected families are
conducted;

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

private sector;

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

or calamities;

@) Disaster risk reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including
reduced exposure to hazards, lessened vulnerability of people and property, wise management of
land and the environment, and improved preparedness for adverse events;


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

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

satisfaction of visitors;

®) Energy resources refer to surface or subsurface substances that serve as energy
sources. These are waditionally mineral fuel deposits such as coal, petroleum, natural gas or
renewable resources from geothermal, hydro reservoirs, or nonconventional sources including

ocean waves, solar, wind, biomass, and other similar resources which serve the same purpose;

( Energy resource lands refer to lands where naturally occurring or indigenous energy
resources exist in sufficient quantity and/or quality as to be economically viable for exploration,

development, production, utilization, and distribution purposes;

ww Environmentally critical areas refer to areas declared by law as: (1) areas for
natural parks, watershed reserves, wildlife preserves, and sanctuaries; (2) areas set aside for
aesthetic and visual value; (3) areas that constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife both flora and fauna; (4) areas of unique historic,
archaeological, or scientific interests; (5) areas that are traditionally occupied by ICCs/IPs; (6)
areas with critical slopes; (7) areas frequented and/or hard hit by natural calamities such as, but
not limited to, geologic hazards, floods, typhoons and valcanic activities; (8) recharge areas of
aquifers; (9) mangrove areas; (10) coral reefs; (11) mossy and virgin forests; (12) rivers
and riverbanks; (13) swamp forests and marshlands; (14) foreshore lands; (15) protected areas
pursuant to Republic Act No. 7586 or the NIPAS Act of 1992; and (16) areas set aside as
aesthetic potential tourist spots. This term shall also include other terrestrial, aquatic and marine
areas that need special protection and conservation measures because they are ecologically
fragile or they are needed for food security and food self-sufficiency as determined by concerned
agencies and LGUs in consultation with the concerned stakeholders;


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

(») Flood plain refers to the portion of a river valley adjacent to a river channel which
is covered with water when the river overflows its banks at flood stages, and whieh usually

consists of silt deposited by the stream;

(®) __-Flood-prone areas refer to low-lying areas usually adjacent to large or active
water bodies and which therefore experience cegular 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;

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

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

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

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

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


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

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

(ee) Forest land subclassification refers to the process of determining the most
appropriate and sustainable use of forest lands primarily as protection forest and production
forest, They may be further subclassified as graving/pasture land, recreational areas and other

uses taking into account ecological, social and economic considerations;

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

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

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


Gi) Inland waters refer to waters, which are not coastal and marine waters, and not
subject to acquisitive prescription consistent with the provisions of Presidential Decree No. 1067
or the Water Code of the Philippines;

wo Integrated watershed management refers 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;

(ky) Key Biodiversity Areas (KBAs) refer to the present most important sites for
biodiversity conservation worldwide. These are places of international importance for the
conservation of biodiversity through protected areas and other governance mechanisms. They are
identified nationally using simple, standard criteria, based on their importance in maintaining
species populations;

q Zand refers to resources, both artificial and natural, found on the surface, below,
and above the ground including inland waters and the air therein;

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

(00) Land use refers to the manner of allocation, utilization, management and
development of land;

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

(op) Mandatory public hearings/Consultations refer to the mechanism to ensure the
involvement of concerned stakeholders and communities in land use planning, from the barangay
to the national level, to ensure the social acceptability of the plans. It should involve giving
notice of hearing/consultation to concemed stakeholders through publication or posting in
conspicuous places, conduct of a reasonable number of hearings, and solicitation of positions to
arrive at a consensus. Public presentation and validation of the planning results shall also be
undertaken before the final adoption of the plans;


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

(@) Mineral exploration refers to the systematic searching or prospecting for mineral
resources including energy resources;

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

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

with the least injury to its other resources;

(ux) Municipal waters refers to not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected areas as defined
under Republic Act No. 7586 of the National Integrated Protected Areas System or the NIPAS
Act of 1992, public forest, timber lands, forest reserves or fishery reserves, but also marine
waters included between two (2) lines drawn perpendicular to the general coastline {rom points
where the boundary lines of the municipality touch the sea at low tide and a third line parallel

' with the general coastline including offshore islands and fifleen (15) kilometers from such

coastline. Where the territory of a municipality includes several islands, the outermost points of
such islands shall be used as base points and connected by archipelagic baselines, irrespective of
the lengths of such baselines from the main coastlines. Where two (2) municipalities are situated
on opposite shores that there is less than thirty (30) kilometers of marine waters between them,
the third line shall be equally distant from opposite shore of the respective municipalities;

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


(ww) National Land Use Policy Council (NLUPC) refers to the administrative, policy-
making, and regulatory body created under this Act;

(x) National park refers to forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, natural and historic objects, wild animals and plants
therein and to provide enjoyment of these features in such areas. It shall also refer to lands and
waters of the public domain classified as such in the 1987 Constitution which include all areas
under the NIPAS, pursuant to Republic Act No. 7586 or the NIPAS Act of 1992, primarily
designated for the conservation of native plants and animals and associated habitats and cultural
diversity;

Oy Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD) refers to agricultural areas identified by the Department of Agriculture (DA) through
the Bureau of Soils and Water Management (BSWM) in coordination with the National Mapping
and Resource Information Authority (NAMRIA) in order to ensure the efficient utilization of
land for agriculture and agro-industrial development and to promote sustainable growth. The
NPAAAD covers all irri
alluvial plains; lands highly suitable for agriculture whether irrigated or not; agro-industrial

ited areas; all irrigable lands already covered by irrigation projects; all

ctoplands or lands planted to industrial crops that support the validity of existing agriculeural
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

mperate 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 sanctuarics;

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

(eas) Permanent forestlands refer to forestlands, within public lands, that have been
identified, determined and demarcated on the ground by the State to serve such purpose and shall
be protected, conserved, preserved, maintained and managed as forestlands free from any form


of utilization, exploitation or development, and reserved permanently as such for the benefit and

use of future generations;

(ebb) Physical framework plans refer to the national, regional or provincial indicative
plans that outline the overall and macro-level physical development objectives, priorities,
directions and strategies in its respective levels as prepared, reviewed, integrated and finalized by
the national, regional and provincial land use councils/boards, respectively, based on the
Comprehensive Land Use Plans (CLUPS) of the LGUs and the national policy guidelines relating
to land use and environmental management to prevent or mitigate the adverse effects of
inappropriate resource util

ion on food security, the people's welfare, and their environment;

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

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

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

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

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


(hhh) Protection forests refer to forests and forestlands, in both public and private lands,
that have been identified and determined by the State for the beneficial use of present and future
generations and shall be preserved, conserved, protected and maintained as such free from any
form of utilization, exploitation or development;

Gi) Protection land use refers to the use of land primarily reserved for rehabilitation,
conservation, and protection purposes and the promotion of the country’s ecological and life-
support systems;

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

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

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

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

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

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

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

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


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

(ss) Spatial data infrastructure refers to a system consisting of spatial data,
technology, policies, practices, relationships, people and resources necessary to acquire, process,
store and distribute spatial information to improve sharing and use throughout all levels of the
‘government and private sector, among others, which shall be operationalized through electronic
system that provides access to a network of spatial data sources and users and shall serve as the

official linkage of the government to international and regional spatial data infrastructure;

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

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

(Strategic Agriculture and Fisheries Development Zones (SAFDZs) refer to areas
within the NPAAAD identified for production, agro-processing and marketing activities to help
develop and modemize, with the support of government, the agriculture and fisheries sectors in

an environmentally and socioculturally sound manner;

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

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


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

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

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

(bbb) Tourism estates refer to large tracts of land with well-defined boundaries in any
area, excluding those in protection lands, identified in the Philippine tourism master plan and
regional tourism master plan, by proclamation of the President and/or by acts of Congress and/or
by local legislation and declared suited for the development of an integrated tourism and resort
complex with prescribed carrying capacities and limits for its facilities and activities;

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

recreational significance;

(ddd) Tourist zone refers to a geographic arca 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;


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

(tt) Urbanizable areas reter 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;

(gesg) Urban forestry or Green space refers to the establishment or setting-up of areas
for mini-forest, eco-parks or small nature parks, in both public and private lands: wetlands,
human-made lagoons and lakes systems, riverbanks and shores, grasslands, roof and rock
gardens; lining roads and highways with trees, shrubs, or ormamental plants, and ground
landscaping of schools, hospitals, and other government agencies in order to improve the
environment in urban areas;

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

ii) Water use refers to the appropriation of water for domestic, municipal, irrigation,
power generation, inland fisheries, poultry and livestock, industrial and commercial,

environmental, and recreational use;

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

(Kiki) Zoning refers to the regulatory tool for delineating the specific land uses in
accordance with the appraved CLUP within the territorial jurisdiction of a city/municipality and

spec

ing the conditions for their regulation; subject to the limitations imposed by law and
competent authority; and

(lilt) Zoning ordinance (ZO) refers to a local law passed by the Sangguniang Bayan or
Panlungsod approving the development control/zoning plan in accordance with an approved or
adopted CLUP of the city/municipality, providing for the regulations and other conditions on the
land uses including the limitation on the infrastructure that may be placed within the


ci

simunicipality’s territorial jurisdiction. It incorporates the protected areas, protected
agricultural lands and ancestral lands as provided for in this Act.

CHAPTER IE
FRAMEWORK FOR LAND USE PLANNING

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

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

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

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

communities;

@ Protection of forest and wetlands from infrastructure development to preserve the
ecological services they provide which are essential to economic development. These activities
include, but not limited to, river channelization and dredging, large-scale irrigation and river
diversions which reduce riverine habitat and alter flood patterns and natural flow regimes, reduce

downstream water availability for agriculture and contribute to salinization through saltwater

intrusion in coastal areas;

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


oy Identification of geo-hazard prone areas and high-risk/danger zones and
corresponding risk reduction measures to ensure the prioritization of life and safety: Provided,
That specifically identified and assessed as extremely hazardous and high-risk/danger zones shall
be similarly protected and cleared from all forms of human-made obstacles, obstructions and
instructions to ensure and secure public health and safety;

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

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

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

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

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

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

(4) Natural and restored forests, which consist of:

All existing areas within forestland containing primary and secondary forests of
whatever types or species;

ww All existing areas within forestland containing secondary-growth or residual
forests of whatever type or specie;

Gi) Avreas identified as key biodiversity areas (KBAs);

tiv) Restoration areas;


@) All mangrove forests;
(i) All easement areas as defined under Presidential Decree No. 1067, otherwise

known as the Water Code of the Philippines; and

(vii) All other areas that would be deemed appropriate for protection, as designated by
the Department of Environment and Natural Resources (DENR), subject to the approval of the
NLUPC created pursuant to Section 55 hereof.

(2) Rehabilitated and/or reforested degraded mining areas;
(3) Critical ecosystems for protection, such as:
@ Coral reefs;
Gi) Marshes and wetlands;
Gi), Lakes and rivers;
i (iv) Caves; and
(v) Waterfalls.

(4) Disaster-prone areas that include areas subject to, or may be subject to:

i) Recurrent flooding;
(ii) Liquefaction;

(ii) Tsunamis;

{iv) Storm surges;

() Polar vortex;

(vi) Mass wasting;

(ii) Volcanic eruption;

(iii) Direct impact of seismic activity;
| (ix) Other disasters caused by climatic conditions; and

(x) Other areas that pose a high degree of hazard to human occupation and activity.

(8) Critical watershed areas;
(6) Marine protected areas;

() All prime agricultural lands as defined under this Act,
(8) Ecologically fragile and environmentally critical areas whose conversion will

result to serious environmental problems and threats to public health and safety;

| @ Natural and human-made areas/sites of cultural, historical and anthropological

significance, which are dectared as such by internationally recognized institutions; and


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

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

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

(i) Lands whose soils are suitable for agricultural development;

Gi) All alluvial plain lands that are suitable for agricultural production and/or can he
devoted to food production;

ii) All lands that are traditional sources of staple food;

(iv) All croplands required to attain a certain scale of production to sustain the

economic viability of existing agro-based industries in the municipality, city or province; and
(All lands in areas not highly prone to natural hazards that are suitable for the
prodpetion of tree crops and other cash crops.

@) Coastal, inland water and marine zones, such as fishponds;

1G) Production forests, such as:

(@ Alll areas within forestland not classified as protection forests under Section 6(a) and
shall be devoted to the production of timber and/or non-forest products or the establishment of
industrial tree plantations, tree farms, woodlots, agro-forestry, or as multiple-use forests;

(i) _ All areas within forestlands considered as rangelands for grazing purposes; and

(iii) All areas within forestlands managed under the community-based forest

management in areas not classified as protection forests.

(4) Rangelands for grazing;

(5) Industrial development areas; and

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(© Tourism development areas, including potential small islands for similar

purposes.

© Settlements and Institutional Land Use refers to the use of urban and rural lands
for settlements development purposes and/or improvements on existing settlements involving the
spatial distribution of population, identification of the roles and functions of key urban centers,
determination of relationships among settlement areas, and the provision of basic services and
facilities to such settlements.

It shall also include lands identified for institutional uses such as educational,
administrative, government, law enforcement, health care and social services. Settlements and
institutional land uses aim to ensure for the present and future generation the:

a 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

Q) 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 Land Use refers to the use of land dedicated to the provision of
basic services that foster economic and other forms of integration necessary for producing or
obtaining the material requirements of Filipinos, in an efficient, responsive, safe and ecologically
friendly built environment. It includes, among others, subsectors like: road networks,
transportation and communication facilities, social services, environmental service facilities, and
utilities,

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

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

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

a


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

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

SEC. 8. Adoption of Multiple Uses of Land. - The primary and alternative uses of a specific
land resource shall be determined and evaluated by the respective local land use boards prior to
any decision for the assignment of its use. Areas feasible for sustainable land resource use may
be considered multiple-use zones wherein settlements, tourism, agriculture, agro-forestry and
extraction activities and other income-generating, or livelihood activities may be allowed, except
areas under protection land use: Provided, That multiple uses of land resources shall be in
accordance with priorities in tand use allocation identified in the approved physical framework
and land use plans wherein such multiple uses are compatible with the original land use and
planning, and that no reclassification shall be allowed: Provided, further, That, where there are
vested rights, titles, and claims prior to the enactment of this Act over the areas feasible for
sustainable land resource use, the same shall be respected.

CHAPTER III
SPECIAL AREAS OF CONCERN
ARTICLE ONE. LAND USE CLASSIFICATION

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

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

SEC. 10. Consideration of Assessment Report, ~ Upon validation and affirmation by local
land use boards, the land use classification assessment report submitted by the LMB shall be
taken into consideration by the NLUPC in the formulation of its planning guidelines.

ARTICLE TWO. NIPAS AREAS

SEC. 11. Integrated Management Strategy. — For more effective planning, management,
and protection of protected areas at the provincial and city/municipal levels, the Protected Area
Management Plan (RAMP) referred to in the NIPAS Law shall be incorporated in the Provincial

n


Physical Framework Plan (PPFP) and CLUPs if applicable, wherein protected area zoning shall
be reflected.

ARTICLE THREE. AGRICULTURAL LANDS

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

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

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

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

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

ARTICLE FOUR. ANCESTRAL DOMAIN

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

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


SEC. 16. Ancestral Domain Policy Adoption. — Ancestral domain policies shall be
adopted in the LGU’s land use policy framework. However, in the event that the
ADMP/ADSDP? is stil] in the formulation stage or remains to be formulated, the right to self-
determination, and the observance of traditional resource and management systems and
processes shall be upheld at all times, as provided for under Republic Act No. 3871.

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF WATERSHED

SEC. 17. Permanent Forestlands. — All forestlands are classified as forest or timberlands.
Titles, settlements, permits, leases, and/or agreements within critical habitats, critical watershed
areas, protected areas and KBAs shall be reviewed, and their legality affirmed. Alt erroneous
titles, settlements, permits, Jeases and/or agreements within permanent forestlands shall be
cancelled or revoked in due course. Noncompliance with and violations of these instruments
shall be grounds for their cancellation or revocation: Provided, That the applicable provisions of
Republic Act No. 3871 shall be respected.

Upon recommendation by the LGU, or the Forest Board, the DENR Secretary shall
revoke the abovementioned instruments.

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

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

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

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

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

© ‘Areas needed for public interest such as research or experimental purposes; and

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

SEC. 19. Reversion of Alienable and Disposable Lands to Forestlands. — Upon the
recommendation of the DENR Secretary, duly reviewed and endorsed by the NLUPC, and after

24


due consultations with the concerned LGUs and the affected parties, Congress may authorize the
reversion of alienable and disposable lands of the public domain or portion thercof to forestlands.

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

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

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

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

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

ARTICLE SIX. COASTAL ZONES.

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

(®) Areas vegetated with mangrove species shall be protected, preserved and
managed as mangrove forestland and shall not be converted to other uses;

(b) Areas that meet all accepted criteria on elevation, soil type, svil depth topography,
supply for successful fishpond development, and are not identified as mangrove protected areas,

2s


shall be utilized for aquaculture purposes as long as a 4:1 ratio for mangroves and fishponds is
maintained to support ecological processes in mangrove ecosystems;

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

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

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

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

(e) Areas shall be allocated for small infrastructure needed by municipal fisherfolk
and for fishing gear, boats, and post-harvest facilities, and

(hy Areas which form part of foreshore lands as defined in this Act, including those
under lease agreements or arrangements shall undergo zoning and evaluation so their boundaries,
actual sizes and corresponding uses can be determined while ensuring that mangrove protection
or restoration zones are considered to kecp the required 4:1 ratio between mangroves and
fishponds.

SEC, 25, Coastal Land Zone Subclassification. — All public lands in the coastal zones shall
be subclassified into any of the following: fishponds, mangroves, protection from tidal surge for
preservation of biodiversity, habitats and sanctuaries for endangered wildlife, fisherfolk

6


settlement, or recreational/tourism areas. No subclassification of coastal zones to different uses
shall be done without the following:

@) Conduct of a comprehensive inventory and resource and environmental
assessment by the DENR with respective LGUs and accredited Nongovernment
organizations/peoples organizations (NGOs/ POs) within their jurisdiction. The result of such
assessment along with a list of all existing applications and expired Foreshore Lease Agreements

shall be posted in three (3) conspicuous places in the affected localities; and
oO) Prior consultation with local Fisheries and Aquatic Resource Management

Councils (FARMCs) formed pursuant to Republic Act No. 8550 or The Philippine Fisheries
Code of 1998.

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

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

SEC. 28. Protection of Waterways, Easements and Flood Plains. — Structures of any kind
shall not be built in waterways and easements. Pursuant to Presidential Decree No. 1067 or the
Water Code of the Philippines, the banks of rivers and streams and the shores of the seas and
lakes throughout their entire length and within a 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.

a


Development within flood plains and other flood-prone areas must be controlled or, if
allowed, must be so sited, constructed and serviced that the lives of occupants are not put at risk
and that disruptions during floods are minimized. The identification and characterization of
flood-prone areas and flood plains shall be an integral part of the CLUP preparation. The LGUs
shal] establish land use regulations to mitigate flood risks through the CLUPs and ZOs.

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

SEC. 29. Disposition of Public Lands for Fishponds. — Upon the effectivity of this Act, but
subject to existing rights and the preceding section, no fishpond lease agreement (FLA) shall be
issued for tidal swamps, mangroves and oilier swamps, marshes, ponds, foreshore lands, and
coastal areas within public lands, including those presently declared available for fishpond
development. The NLUPC, in coordination with the DENR, the DA, the FARMCs and the LGUs
shall set aside a portion of available public lands for fish propagation, fish sanctuary,
conservation, ecological purposes and fisherfolk settlement areas. Fishponds covered by existing
FLAs, but are abandoned or are not operating efficiently and are found suitable for mangroves
shall be reforested with mangroves.

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

as mangrove forests.

ARTICLE SEVEN. MINERAL LANDS

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

28


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

) The principles of sustainable development shall be observed at all times;

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

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

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

SEC. 33. Reversion of Mineral Lands. — All mincral lands with exhausted mineral
resources, as determined by the MGB, shall automatically revert to their original land
classification, that is, as forest land or agricultural land. The concerned mining companies shall

bear the full cost of rehabilitation of these areas.

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

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

(®) _Indigenous energy resource exploration, development production, utilization, and
distribution shall be subject to the appropriate requirements and processes of the Philippine

29


Environmental Impact Statement (EIS) system. Each project shall secure an Environmental
Compliance Certificate (ECC) prior to project implementation to ensure that adequate and
appropriate environmental management measures and optimum methods for resource access and
recovery are used;

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

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

(© _ Renewable energy shall be preferred over other energy resource.

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


ARTICLE NINE. SETTLEMENTS DEVELOPMENT

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

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

SEC. 38. Designation of Waste and Environment Management Site. - Bach city or
municipality shall identify and designate an area to serve as waste and environment management,
waste disposal, and facilities within one (1) year from the effectivity of this Act. The LGUs, in
coordination with the DENR or any other competent authority, shall identily sanitary landfill in
order to fast-track the conduct of the Environmental Impact Assessment (EIA) study and to
facilitate the processing of the ECC. The site or area shall be identified in the city’s or
municipality's CLUP. For this purpose, cities and municipalities shall establish their solid waste
management program, pursuant to Republic Act No. 9003, otherwise known as the “Ecological
Solid Waste Management Act of 2000”. Likewise, as provided under Section 33 of the Local
Government Code of 1991, cities and municipalities may, through appropriate ordinances, bind
themselves towards the establishment of a common solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in coordination with
concerned agencies, shall promulgate the necessary guidelines and standards for the formulation
and establishment of solid waste management programs by cities and municipalities, and shall
submit the same to the NLUPC for review and approval.

SEC. 39. Designation and Zoning of Socialized Housing Sites. ~ Each 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 may be revised at the
minimum of ten (10) years, and reviewable not earlier than every five (5) years.

3


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

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

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

‘These sites shall be used exclusively for socialized housing as defined in the UDHA.

SEC. 40. Zoning of Identified Sites for Socialized Housing. — The identified sites for
socialized housing shall be located in residential zones identified by the city’s or municipality’s
CLUP, and ZO duly approved by the NLUPC. However, for cities and municipalities where the
identified sites are not within the said residential zones, the location shall be within the priority
sites and conform with the suitability criteria as defined in Sections 6.3 and 6.4 of the Guidelines
in HUDCC Resolution No. 521, Series of 1992, or as may be defined in subsequent issuances.
The identified sites shall be zoned as socialized housing zones as defined herein.

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

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

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

2


() Within alienable and disposable lands but not in environmentally critical, peo-
hazard or other protection areas;
() Along established urban growth directions;

(©) _ With provisions for or can be provided with basic services and utilities;
(d) Within the 0 to 8% slope range; and
(©) Accessible from existing built-up areas and other employment centers through

existing or proposed roads and other transportation facilities.

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

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

ARTICLE TEN. INDUSTRIAL DEVELOPMENT AREAS/SITES

SEC. 45. Criteria for Designating Industrial Development Areas. ~The identification
and establishment of industrial development areas shall conform to the provisions of Republic
Act No. 7916 or the SEZA of 1995 as amended by Republic Act No. 8748, Republic Act No
6657 ot the Comprehensive Agrarian Reform Law (CARL) as amended by Republic Act No.
9700 ot the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER),
Republic Act No. 8371 or the IPRA, Republic Act No. 7279 or the UDHA, Republic Act No.
8550 or the Philippine Fisheries Code as amended by Republic Act No. 10654, and Republic Act
No. 8435 of the AFMA, taking into consideration the following:

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

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

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

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

33


(© _ National and Urban Development and Housing Framework;

o Identified Socialized Housing Zones; and
® National Framework for Physical Planning and other existing national programs
and policies.

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

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS.

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

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

SEC. 47. Identification and Preservation of Cultural Heritage. — In accordance with
Republic Act No. 10066 or the National Cultural Heritage Act of 2009, the National Historical
Commission of the Philippines (NHCP), the National Museum (NM), and the National
Commission for Culture and the Arts (NCCA) in coordination with other concemed agencies,
local communities, and the private sector, shall identify and declare areas and structures which
shall be protected and preserved as part of Philippine cultural heritage.

‘The NHCP and the NM, in consultation with the NCCA and the HLURB, shall designate
heritage zones to protect the historical and cultural integrity of a geographical area that is
significant to national history.

34


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

ARTICLE TWELVE. INFRASTRUCTURE DEVELOPMENT

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

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

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

(b) Upgrade existing facilities to international public safety standards;
© Address the need for sustainable settlements development; and
® Mitigate the destructive effects of natural disaster-causing phenomena or those

that shall serve as alternatives to existing infrastructure found in natural hazard-prone areas.

Provided, That the provision and implementation of infrasteucture support shall be made
‘compatible with existing environmental conditions and the physical, whether natural or human-
made, and cultural character of the arca. 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 urea. ,

Provided, further, That the proponent of the infrastructure project shall follow the rules on
just and humane eviction or demolition under Section 28 of Republic Act No. 7279 as a last
resort, notwithstanding the provisions of Republic Act No. 8975, prohibiting lower courts from
issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory

35


injunctions, and that the proponent shall follow provisions of Republic Act No. 8371,
particularly those pertaining to the rights of [CCs/Ps in case of displacement.

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

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

Existing projects that were undertaken without the required ETA and which pose a threat to
the environment, or to the integrity of historic, archacological, or scientifically significant areas,
or impinge on critical ecosystems, may be terminated immediately, or gradually phased-out and
relocated, or maintained within their life span subject, however, to _mitigating measures:
Provided, That the rules on mandatory public hearings/consultations and just and humane
eviction or demolition shall also be observed prior to the termination, gradual phase-out, or
relocation of projects that will necessarily involve dislocation or displacement of people in the
area.

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

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

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

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


Furthermore, it shall consider the existing Regional Physical Framework Plans (RPFPs)
and the Provincial Physical Framework Plans (PPFPs).

The RPFPs, the PPEPs and the CLUPs, which cover the physical development of their
respective territories, shall be consistent with the NPFP: Provided, That the integration and
harmonization of physical framework plans at ali levels shall be iterative to ensure that the
concems of both top and bottom levels of government are considered in the NPFP, the RPFPs,
the PPFPs and the CLUPs.

The physical framework and land use plans prepared at all levels shall be consistent with
each other, specifically on the linkages of the major land use categories to ensure their
complementation in the utilization, development and management of resources.

The period of coverage of the national, regional and provincial framework plans shall be
thirty (30) years with regular review and updating every ten (0) years.

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

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

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

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

‘The Regional Land Use Policy Council (RLUPC), created under Section 59 of this Act,
shal]: formulate and periodically update the RFEP based on the guidelines issued by the NLUPC,
in a manner consistent with and following the objective of the NPFP. Likewise, the Medium-
Term Regional Development Plan (MTRDP) and the Medium-Term Regional Development

0


Investment Program (MTRDIP) shall be guided by and made consistent with the objectives
identified in the RPFP.

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

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

‘The PPFP shall serve as the basis for the preparation of the Provincial Development Plan
(PDP) and the Provincial Development Investment Program (PDIP). The PPFP, the PDP, the
PDIP and/or the Pravincial Physical Framework and Development Plan (PPEDP) shall serve as
the basis for the formulation of sectoral action plans of national government agencies in the
province and all LGUs within its jurisdiction. The province may opt to prepare their PDP
alongside the preparation of PPFP and consolidate them into a PPFDP: Provided, That PPFDP
shall remain consistent with the PPFP: Provided, further, That any review or changes in the
PPFP shall coincide with the overall review process of the NPEP.

The Provincial Land Use Planning and Management Board (PLUPMB) created under this
Act shall ensure that the PPFP is consistent with the national and regional planning framework
and guidelines issued by the NLUPC/RLUPC. The PPFP shall be presented to the Provincial
Development Council (PDC) for endorsement to the Sangguniang Panlalawigan, which shall
formally adopt and approve the PPFP. The approved PPFP shall be submitted to the RLUPC for
consolidation and integration into the RPFP.

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

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

38


appropriate, management plans for ancestral domains, critical watersheds, river basins, and
protected areas.

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

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

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

CHAPTER V IMPLEMENTING STRUCTURE AND MECHANISM

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

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

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

39


©)

‘Act as the appellate body on decisions of local zoning bodies on locational

clearance applications and/or oppositions thereto and other zoning issues involving private

tights,

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

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

The members of the Council shall be the following:

@
)
©
@
©
CO}
®
)
ja
0}

(k)

The Secretary of the DAR;

The Secretary of the DA;

The Secretary of the DENR;

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

The Chairperson of the HUDCC;

The Chief Executive Officer of the HLURB;

The Administrator of the NAMRIA;

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

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

Two (2) representatives each from four (4) basic sectors directly involved in land

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

oO

Four (4) representatives from the developers’ associations, the accredited

associations of professionals dealing with land use such as, but not limited to, urban and

regional planners, environmental planners, architects, geologists and geodetic engineers,

the business or private sectors; and

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

40


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

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

@ Guide the determination and identification of the country's strategic land use
development and physical planning objectives, priorities and direction, as well as recommend the
adoption, passage, or amendment of laws to ensure that plans, programs, projects, and activities,
including local government initiatives affecting land use are consistent with national

development objectives;

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

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

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

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

consistent with national development objectives;

o Resolve policy conflicts on land uses between or among agencies, branches, or

levels of government and unresolved land use policy conflicts at the regional level;

® Issue locational clearances for projects of national significance;
ay Call on any department, bureau, office, agency, or instrumentality of the
government and ar private entities and organizations for couperation, support, and assistance in

the performance of its functions;

al


( Review the NPFP every ten (10) years;
@ Advise the President of the Philippines and the NEDA Board on all matters concerning
land use and physical planning;

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

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

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

CHAPTER VI REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 59. Regional Land Use Policy Council (RLUPC). — At the regional level, the
Regional Land Use Committee (RLUC) is hereby abolished and in its stead, the RLUPC shall be
created. The RLUPC shall be institutionalized, replicating the NLUPC structure and
composition. It shall be chaired by the NEDA Regional Director and shall exercise the following
functions:

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

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

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

@ 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;

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

a


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

© Perform other related functions as may be directed by the NLUPC.

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

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

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

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

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

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

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

43


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

level;

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

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

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

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

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

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

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

© The Provincial Chapter President-League of Municipalities and/or League of
Cities;

@ ‘The Provincial Agrarian Reform Officer (PARO);

©) The Provincial Environment and Natural Resources Officer (PENRO);

o ‘The Provincial Agricultural Officer (PAO); .

@ The NCIP Provincial Officer;

() The HLURB Regional Officer;

( Three (3) representatives from the local business or private sector; the developers?
association and accredited associations of professionals dealing with land use such as, but not

44


limited to, urban and regional planners, environmental planners, architects, geologists, geodetic
engineers, and chamber of commerce, who shall be appointed from among the accredited
organizations within their respective development councils;

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

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

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

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

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

SEC. 63. City/Municipal Land Use Planning and Management Board (C/MLUPMB). - A
City/Municipal Land Use Planning and Management Board or C/MLUPMB is hereby created
under this Act in all municipalities and cities, including highly urbanized and component cities,
to oversee the preparation, integration, adoption and approval of their respective CLUPs. It shall
issue a Certificate of Compliance prior to the submission of the CLUP to the Sanggunian to
ensure the consistency of such plans with approved national, regional and provincial planning
guidelines. The C/MLUPMB shalll also be directly responsible for the effective management and
implementation of the approved CLUP and for ensuring that existing and future local policies,

45


including ZOs, development initiatives, programs and projects introduced within its jurisdiction
are consistent with and supportive of the land use resource management and physical planning
objectives, directions and character identified by the approved CLUP.

SEC. 64. Powers and Responsibilities of the City/Municipal Land Use Planning and
Management Board. - The C/MLUPMB shall exercise the following powers and functions:

(®) _Ensure the inclusion of the input of the barangays within the jurisdiction of the
Tespective city/municipality on sectoral, temporal and spatial dimensions of the plan and its
consistency with approved national, regional and provincial planning guidelines;

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

(© Issue a Certificate of Compliance to the Sanggunian as proof that the CLUP is
compliant with national land use policies, guidelines and standards;

@) Submit to the LDC the draft CLUP for its transmission to the Sanggunian and for
the LDC to use it as basis for consistency and complementation with other development plans;

© Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among barangays and facilitate the resolution of any
‘unresolved land use conflict, including boundary conflicts, involving barangays;

o Based on the CLUP, review and endorse for approval/disapproval applications for
locational clearances, building and zoning permits and/or other planning-related requirement for

any project, both private and public, that is submitted to the LGU for issuance;

@ Advise the Sangguniang Bayan on all matters pertaining to land use and physical
planning; and

) Promote cooperation and sharing of resources between and among its, barangays
and neighboring LGUs to address common land use and development issues including those
related to geo-physival hazards, watershed and river basins, coastal and marine waters, climate
change impact and disaster risks.

SEC. 65. Composition of the C/MLUPMB. ~ The C/MLUPMB shall be composed of the
following thirteen (13) members and shall be headed by a Chairperson:

46


(a) The City/Municipal Planning and Development Coordinator (C/MPDC);

() The Chairperson, Sangguniang Bayan Committee on Environment and Natural
Resources;

(© _ The President of the Association of Barangay Captains (ABC);

(@ The Municipal Agrarian Reform Officer (MARO);

© The LGU Environment and Natural Resources Officer
(City/Municipal ENRO);

o ‘The Municipal Agriculture Officer (MAO);

(@ Three (3) representatives from the local business/private sector, the developers’
associations, and the accredited associations of professionals dealing with land use such as, but
not limited to, urban and regional planners, environmental planners, architects, geologists and
geodetic engincers, and chamber of commerce, who shall be appointed from among the
accredited organizations within their respective development councils;

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

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

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

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

47


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

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

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

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

SEC. 67. Approval of RPFP and NPFP.— ‘The RPFP and NPFP shall be submitted for
review and approval of the RLUPC and NLUPC, respectively, upon the conduct of appropriate
stakeholder and agency consultations: Provided, That such processes and guidelines shall be
prepared and issued by the NLUPC within six (6) months from the effectivity of this Act.
CHAPTER VIIL MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

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

Under the program, all gavernment stakeholders concemed in the production of maps of

various themes shall collaboratively formulate the government’s spatial data infrastructure
master plan and respective government agency/stakeholders’ spatial data infrastructure plans

48


which shall be the basis for subsequent funding and eventual project implementation and/or
operation.

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

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

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

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

SEC. 69. Maps for Planning. — Within one (1) year after the
NLUPC’s approval of the Guidelines and Standards for planning at all levels, available
NAMRIA maps and all maps made available to NAMRIA by supporting agencies shall be
submitted to the NLUPC for national, provincial, cities and municipalities planning. The NLUPC
shall forward these maps to the respective PLUPMBs and C/MLUPMBs after it has reviewed
and approved them. Pertinent maps to be produced through the NMSDIP shall include, among
others:

(a) Topographic Maps;
(b) Geologic Maps;

(©) Hydrologic Maps;

(d) Climate Maps;

(©) Soils Maps;

@® Slope Maps;

(@) Mineral Resource Maps;
(b) Existing Land Use Maps;
(i Land Suitability Maps for:
0) Settlements

49


oa Agriculture (3) Industrial areas; and
(4) Others.

@ Agricultural Maps:

a) Network of Protected Areas for Agricultural and Agro-industrial Development;
2 Commodity Specific Development Guide Maps;
@) Land Limitation Maps;

(4) Cropping System Zones Maps;

(5) Hydro-ecological Conditions Map; and

©) Irrigation Systems Maps.

& Lund Classification Maps;

0) Municipal Waters Delineation Maps and MPAs;
(m) Geo-Hazard Maps:

(1) Flood-Prone Areas;

2) Hazard Zonation Maps for Volcanoes;

(3) Map of Fault Systems;

(4) Tsunami-Prone Areas; and

(3) Erosion Prone Areas.

(0) Tourism Maps;

(@) Transportation Maps;

(p) Traffic Flaw;

(a) Maps Designating Areas Served by:

(1) Power;

@) Telecommunications; and

@) Water.

(*) Maps indicating the following facilities:

() Health;

(2) Education; and

(3) Power.

@ Domestic Water Supply;

@ Industrial Areas;

50


ro) Population Distribution Map;
() Ancestral Domain Map;
(w) NIPAS Areas;

@&) Areas Suitable for Urban Expansion;
0) Watershed Arcas; and

(@ __ Forest Lands:

@ Protection Areas;
Q) Production Areas; and
@) Restoration Areas:

(i) Key Biodiversity Arcas; and
(ii) Marine Protected Areas.

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

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

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

SEC. 72. Ground Delineation of Land Use. — For effective planning to take place at the
local level and for easy enforcement of the ZO of each city/municipality, land uses must be
identifiable both on the map and on the ground. A Joint Committee comprised of the LGU, as
represented by its C/MLUPMB, and of the national government agency concerned, to be assisted
by the C/MPDC, shall identify and delineate on the ground the land uses within their jurisdiction.
The following shall be given priority:

31


(a) Forest Lands:
(1) Protection; and
(2) Production.
{b) Ancestral Domains:
(e) NIPAS Areas:
(1) Strict Protection Zone; and
(2) Multiple Use Zone.
(d) Watershed Areas:
(i) Critical; and
(@) Multiple Use.
(©) Network of Protected Arcas for Agricultural and Agro-industrial Development
(NPAAAD);

() Socialized Housing Sites and Settlement Expansion Areas;
() Extents of Environmentally Constrained Areas;
(h) Easement Areas;
(i) Critical coastal areas:
(1) Mangroves; and
Q) Sea grass.

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

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

SEC. 73. National Geo-hazard Mapping Program. — Within thirty (30) days from the
effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly
through the NLUPC by the PHIVOLCS, the Philippine Atmospheric Geophysical and
Astronomical Services Administration (PAGASA), the NAMRIA, the MGB, and the DOE, in
coordination with the NDRRMC, the Regional Disaster Risk Reduction and Management
Councils, and other concerned government agencies. The program shall include the generation of
indicative geo-hazard zoning maps that will outline areas in the Philippines which are prone to

52


liquefaction, landslides, flooding, lahar, ground rupturing, tsunami, river erosion, coastal erosion,
sinkhole collapse, earthquake, lava flow, pyroclastic flow, base surge, and other natural hazards.

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

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

SEC. 74. Scope and Nature of Responsibilities of Other National Government Agencies. ~
All concerned national government agencies/bodies shall periodically report to the NLUPC on
‘the various

ities and accomplishments on land use. Likewise, they shall provide their
respective sectoral/development plans and provide technical and administrative support if called
upon by the NLUPC for the implementation of the provisions of this Act,

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

CHAPTER IX TRAINING, EDUCATION AND VALUES FORMATION

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

SEC, 77, Information/Education Campaign and Capacity-Building. - The NLUPC shall
undertake a nationwide information/education campaign on land use and physical planning to be
implemented by local and national government agencies. The DILG and concerned agencies
shall formulate and implement a land use management capability-building program for national

33


and local government officials, community leaders, representatives of NGOs, POs, the religious
sector, and the general public.

CHAPTER X INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE ONE. INCENTIVES AND AWARDS

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

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

ARTICLE TWO. SANCTIONS AND PENALTIES

SEC. 80. Fine for Failure to Commence or Complete the Development of Agricultural
Lands With Approved Conversion Order. — For agricultural lands with approved conversion
orders, the provisions of Republic Act No. 6657 (CARL), as amended by Republic Act No.
9700, shall apply. A landowner and/or the designated developer or duly authorized representative
who fail to commence and/or complete the development plan defined in the conversion order
shall be jointly and severally penalized. The following fines based on the zonal value or the fair
market value of the land, whichever is higher, at the time the fine shall be imposed:

2) Failure to commence within three (3) years from the date of the conversion order:
(1) Three percent (3%) for the first three (3) hectares;
(2) Ten percent (10%) for the next three (3) hectares; and
(3) Fifteen percent (15%) for the remaining area.

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

54


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

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

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

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

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands and Exceeding the
Limit of Areas Allowed for Reclassification. — Any person

iating, causing, inducing, or
abetting the reclassification to nonagricultural uses of protected agricultural areas as defined in
Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a fine of not less
than one hundred thousand pesos (P100,000.00), or both, at the discretion of the court.

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

position.

85


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.

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

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

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

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

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

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

56


f@) Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;

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

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

@ Failure to implement and enforce the CLUP/ZO due to negligence of duty.

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

4) Three (3) to six (6) months, in case of noncompletion of the CLUP; or
@) Three (3) to six (6) months, in case of nonconformity with the NPFP; or

G) —_ Six (6) to nine (9) months, in case of nonimplementation of the CLUP.

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

SEC. 88, Ilegal Conversion of City or Municipal Parks, Communal Forests, and Tree
Parks in Subdivisions. - Penalties in the amount of one hundred thousand pesos (P100,000.00) to
five hundred thousand pesos (P500,000.00), or imprisonment of six (6) years and one (1) day to
twelve (12) years, or both, at the discretion of the court, shall be imposed for each of the
following offenses:

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

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

7


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

@ —_ Assisting, aiding or abetting another person to commit the offenses stated in this
section.

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

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

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

If not suitable for use by the DENR, said improvements, vehicles, domestic animals and
equipment shall be sold at public auction, the proceeds from which shall accrue to the Forest
Conservation and Development Fund (FCDF).

CHAPTER XI TRANSITORY AND FINAL PROVISIONS.

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

For this purpose, the Congress may call upon the NLUPC to undertake the necessary
researches and consultations.

SEC. 90. Convening of she NLUPC. — Within thirty (30) days from the effectivity of this

Act, the Chairperson shall convene the NLUPC and the Head of the NLUPC Secretariat shall
immediately assume office.

SEC. 91. Implementing Rules and Regulations. — Within ninety (90) days from the

effectivity of this Act, the NLUPC shall promulgate its implementing rules and regulations (IRR)

including the rules on the selection of the members of the C/MLUPMB and the PLUPMB. It

38


shall take effect fifteen (15) days after its complete publication in the Official Gazette ot in at
least two (2) newspapers of national circulation.

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

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

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

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

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

59


The Oversight Committee shall function for a period of not more than three (3) years to
oversee the implementation of this Act. The secretariat of the Oversight Committee shall be
drawn from the existing secretariat personnel of the committees comprising the oversight.

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

SEC. 98. Repealing Clause. - Section 10 of Republic Act No. 8435 and Sections 447
(a2vii) and 458 (a2viii) of Republic Act No. 7160 and related laws and administrative issuances
are hereby modified by Section 13 hereof. The pertinent provisions of Executive Order No. 648;
Executive Order No, 72, Series of 1993; and Executive Order No. 770, Series of 2008, amending
Letter of Instruction (LOI) No. 1350, are also modified accordingly. Section 11 of Republic Act
No. 8435 as to the penalty for agricultural i
by Section 83 hereof.

ictivity and premature conversion is also modified

LOI No. 1350, Series of 1983; Presidential Proclamation No. 2282, Series of 1983; and all
other general and special laws, acts, decrees, executive orders, proclamations and administrative
regulations, or any part thereof which are inconsistent with this Act are hereby repealed or
modified accordingly.

Alll republic acts, executive orders, rules and regulations, and other issuances or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed or amended

accordingly.

SEC. 99. Separability Clause. — If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, the other sections or provisions not affected thereby shall
remain in full force and effect.

SEC. 100. Effectivity. ~ This Act shall take effect fifteen (1S) days 2 after its publication
in the Official Gazette or in at least two (2) national 3 newspapers of general circulation,