Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

5 RECEIVE

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2559

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The importance of land as a finite resource requires the passage of a National Land Use
and Management Act. Letting things as they right now are already creating large ripples
over the dynamic between people and development against a backdrop of challenges
that includes climate change, food security and water supply.

We already have a variety of laws that cater to the demand of different sectors for land:
Agriculture and Fisheries Modernization Act (AFMA), the National Integrated Protected
Areas System (NIPAS), Comprehensive Agrarian Reform Law (CARL), the Indigenous
People’s Rights Act (IPRA), Urban Development and Housing Act (UDHA), the Fisheries
Code, and the Local Government Code. These laws cannot solve conflicting demands
especially considering our increasing population and the finite amount of our lands.

Moreover, ongoing practices of Local Government Units on land use planning and zoning
are not comprehensive to cover their entire territory and usually suffer from poor
implementation.

This proposal seeks to harmonize claims of all those who hold interests on land and at
the same time safeguard our land resources through proper management. It intends for
the utilization and management of our lands to be consistent with the principle of
sustainable development.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2550
HOUSE BILL NO.

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

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

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

CHAPTER |
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 common good;

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


(c) 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;

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

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

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

(2) Sustainable and just management and utilization of natural resources:

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

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

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

(6) Sustainable development and management of water resources;

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

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


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(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;

(11) Energy security or energy self-sufficiency;

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

(13) Meaningful participation of the basic sectors.

SEC. 3. Scope. — This Act shall apply to alll 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;

(b) Agricultural land use conversion refers to the undertaking of any development
activity which modifies or alters the physical characteristics of agricultural lands to render


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them suitable for nonagricultural purposes under an approved order of conversion issued
by the appropriate government agency;

(c) Alienable 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 ICCs/IPs as defined
in Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA)
of 1997;

(e) 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;

(f) 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;

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


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

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

(j) Critical watershed refers 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 specific area or community and whose biophysical condition demands
immediate rehabilitation, protection and management to prevent its further denudation,
deterioration and exploitation;

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

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


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

(n) Development plan refers to a document that defines the activities and measures
that the national government or LGUs intend to implement over a specified period of time
in order to achieve the defined set of development goals identified in the national or local
physical framework plans. It integrates socioeconomic, financial, fiscal, legal 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 areas frequented by and/or
vulnerable to experience weather, climatic, hydrologic, geologic, and other natural
disturbances or calamities;

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

(q) Ecologically fragile lands refer to lands within critical watersheds, brackish and
freshwater wetlands, pasturelands, inland rivers and waterways, coastal and settlement
areas, and croplands which require rehabilitation, protection and whose continued
unsustainable use would result in physical risks and threats to life and property, public


health and safety, as well as adversely affect the productivity of lowland agricultural areas
and stability of the upland system;

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

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

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

(u) Environmentally critical 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
volcanic activities; (8) recharge areas of aquifers; (9) mangrove areas; (10) coral reefs;
(11) mossy and virgin forests; (12) rivers and riverbanks; (13) swamp forests
and marshlands; (14) foreshore lands; (15) protected areas pursuant to Republic Act
No. 7586 or the NIPAS Act of 1992; and (16) areas set aside as aesthetic potential tourist
spots. This term shall also include other terrestrial, aquatic and marine areas that need


special protection and conservation measures because they are ecologically fragile or
they are needed for food security and food self-sufficiency as determined —_ by concerned
agencies and LGUs in consultation with the concerned stakeholders;

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

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

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

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

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

(aa) Foreshore land refers to a string of land margining a body 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;

(cc) 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;

(dd) 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, land 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 grazing/pasture land, recreational
areas and other uses taking into account ecological, social and economic considerations,

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

(gg) Geo-hazards refer to nature and human-induced geological processes that have
potential to cause destruction and which pose 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
tupture, earthquake-induced landslides, liquefaction and tsunami,


(hh) Indigenous Cultural Communities/indigenous Peoples (ICCs/IPs) refer to
groups of people or homogenous societies identified by self-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/IPs shall
likewise include peoples who are regarded as indigenous on account of their descent
from the populations which inhabited the country at the time of conquest or colonization,
or at the time of inroads of nonindigenous religions and cultures, or the establishment of
present State boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced from their traditional domains,
‘or who may have resettled outside their ancestral domains;

(ii) Inland waters refer to waters, which are not coastal and marine waters, and not

subject to acquisitive prescription consistent with the provisions of Presidential Decree
No. 1067 or the Water Code of the Philippines;

(jj) 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;

(kk) 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;


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

(mm) Land 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;

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

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

(pp) Mandatory public hearings/Consultations 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 concerned stakeholders through
publication or posting in conspicuous places, conduct of a reasonable number of
hearings, and solicitation of positions to arrive at a consensus. Public presentation and
validation of the planning results shall also be undertaken before the final adoption of the
plans;

(qq) Marine Protected Area (MPA) refers to a defined area of the sea established
and set aside by law, administrative regulation or any other effective means in order to
conserve and protect a part of or the entire enclosed environment, through the
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;

(rr) 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;

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

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

(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;

(xx) National park refers to forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set aside as such
exclusively to conserve the area or preserve the scenery, natural and historic objects,
wild animals and plants therein and to provide enjoyment of these 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;

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

(zz) 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;


(aaa) 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;

(bbb) Physical framework plans refer to the national, regional or provincial
indicative plans that outline the overall and macro-level physical development objectives,
priorities, directions and strategies in its respective levels as prepared, reviewed,
integrated and finalized by the national, regional 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 utilization on food security, the
people's welfare, and their environment;

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

(ddd) Prime agricuttural 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;


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

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

(ggg) Protected areas refer to portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance biological diversity,
and 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;

(iii) 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;

(iii) 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;


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

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

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

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

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

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

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

(sss) Spatial data infrastructure refers to a system consisting of spatial data,
technology, policies, practices, relationships, people and resources necessary to acquire,
process, store and distribute spatial information to improve sharing and use 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;

(ttt) 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 Big. 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;

(vw) 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 modernize, with the support of government, the agriculture
and fisheries sectors in an environmentally and socioculturally sound manner;

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

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


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

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

(aaaa) Tourism ecozone refers to tourism development areas, outside protection
ands, which have been granted Special Economic 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;

(bbbb) Tourism estates refer to large tracts of land with well-defined boundaries
in any area, excluding those in protection lands, identified in the Philippine tourism master
plan and regional tourism 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;

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


(dddd) Tourist zone refers to a geographic area with well-defined boundaries
proclaimed as such by the President 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;

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

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

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

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

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


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

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

(ll) 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 city’s/municipality’s territorial jurisdiction. It incorporates the protected
areas, protected agricultural lands and ancestral lands as provided for in this Act.

CHAPTER Il
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:

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

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


use and limits;

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

(d) Protection of forest and wetlands from infrastructure development to preserve
the ecological 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;

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

(f) 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-
tisk/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;

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

(i) The availability of natural resources including indigenous energy resources for
energy security and self-sufficiency. However, infrastructure energy projects such as


dams with large reservoirs in natural 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. - \n determining and
defining the national, regional and provincial framework plans, and CLUPs, land uses
shall be grouped into four (4) major functional uses as follows:

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

Areas under this category are those covered by the NIPAS Act of 1992 and other

coastal and marine protected areas; areas outside NIPAS, which include, but are not
limited to:

(1) Natural and restored forests, which consist of

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

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

(iii) Areas identified as key biodiversity areas (KBAs);

(iv)Restoration areas;

(v) All mangrove forests;


(vi)All easement areas as defined under Presidential Decree No. 1067, otherwise
known as the Water Code of the Philippines; and

(vii) All other areas that would be deemed appropriate for protection, as designated
by the Department of 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:

(i) Coral reefs;

(ii) Marshes and wetlands;

(iii)Lakes and rivers;

(iv)Caves; and

(v) Waterfalls.

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

(i) Recurrent flooding;

(ii) Liquefaction;

(iii) Tsunamis;

(iv)Storm surges;

(v) Polar vortex;

(vi)Mass wasting;

(vii) Volcanic eruption;

(viii) 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.

(5) Critical watershed areas;

(©) Marine protected areas;

(7) 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:

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


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

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

(1) Other agricuttural 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;

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

(iii)AII 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

(v) All lands in areas not highly prone to natural hazards that are suitable for the
production of tree crops and other cash crops.

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

(3) Production forests, such as:

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

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

(iiiAll areas within forestlands managed under the community-based forest
management in areas not classified as protection forests.

(4) Rangelands for grazing;

(5) Industrial development areas; and


(6) Tourism development areas, including potential small islands for similar
purposes.

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

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

(1) Effective integration of activities within and among settlements, allowing efficient
movement of people and production of commodities through the provision of appropriate
land, infrastructure, and facilities; and

(2) Access of the population to housing, education, health care, recreation,
transportation and communication, sanitation, and basic utilities such as water, power,
waste disposal, and other services;

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 for in this Act:
Provided, further, That other subcategories 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.

SEC. 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) concerned. Such plans shall be recognized and adopted in the
barangay, city/municipal, provincial, regional and national physical framework plans.

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

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

SEC. 8. Adoption of Multiple Uses of Land. - The primary and alternative uses of
a specific land 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 land use allocation identified in the approved physical framework and land use plans
wherein such multiple uses are compatible with the original land use and planning, and
that no reclassification shall be allowed: Provided, further, That, where there are vested
rights, titles, and claims prior to the enactment of this Act over the areas feasible for
sustainable land resource use, the same shall be respected.

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

SEC. 9. Review of Land Use Classification. - The NLUPC shall review and


assess the current land use classification system and definitions used in the country to
ensure that it reflects the actual use of lands in the country.

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

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

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

ARTICLE THREE. AGRICULTURAL LANDS.

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

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

All other agricultural lands not identified as prime agricultural lands can only be
converted to nonagricultural uses upon issuance of a DAR conversion order: Provided,


That such conversion shall not drastically change the nature 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. - The Ancestral Domain
Management Plan (ADMP) or ADSDPP shall be adopted and integrated into the CLUP
and/or other plans that the LGU is mandated to produce. The extent of ancestral domains.
shall be reflected in the land use plan, and shall be zoned as such in the zoning ordinance.
It shall be comanaged by the LGU and ICC/IP community. Additionally, the
ADMP/ADSDPP shall be included in the investment plans of the LGU.

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

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF WATERSHED
SEC, 17. Permanent Forestlands. — All forestlands are classified as forest or
timberlands. Titles, settlements, permits, leases, and/or agreements within critical


habitats, critical watershed areas, protected areas and KBAs shalll be reviewed, and their
legality affirmed. All erroneous titles, settlements, permits, leases and/or agreements
within permanent forestlands shall be cancelled or revoked in due course.
Noncompliance with and violations of these 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:

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

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

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

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

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

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

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

SEC. 21. Formulation and Implementation of Integrated Watershed
Management Plans. - With the assistance of the DENR and upon mandatory
consultations with the concerned sectors and communities, the LGUs, through their local
land use boards, shall prepare their 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 National Forestry
Master Plan (NFMP).

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

SEC. 22. Establishment and Management of National Parks. — All areas
proclaimed by the President and Congress to be under the NIPAS, unless disestablished,
including those identified initial components of the NIPAS as KBAs shall comprise the
National Parks classification of the public domain. The DENR and concerned LGUs shall
ensure that such areas are integrated in the CLUP and physical framework plans:
Provided, however, That the preparation of management plans of protected areas and


national parks shall be in accordance with the provisions of the NIPAS Act and other laws
establishing or declaring specific areas as protected areas

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

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

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

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

(d) Areas accessible to the sea and identified for fisherfolk settlement and housing
but are not part of or are not within any protected land use areas shall be allocated to
traditional fisherfolk who are inhabitants of the coastal communities, members of
tegistered 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;

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

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

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

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

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

(a) Conduct of a comprehensive inventory and resource and environmental
assessment by the DENR with respective LGUs and accredited Nongovernment
organizations/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

(b) 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.

(c) 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.

(d) 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.

(e) 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. Development within
flood plains and other flood-prone areas must be controlled or, if allowed, must be
$0 sited, constructed and serviced that the lives of occupants are not put at risk
and that disruptions during floods are minimized. The identification and
characterization of flood-prone areas and flood plains shall be an integral part of


the CLUP preparation. The LGUs _ shall establish land use regulations to mitigate
flood risks through the CLUPs and ZOs.

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

(h) 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.

(i) 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.

(J) ARTICLE SEVEN. MINERAL LANDS

(k) SEC. 31. Policies on Mineral Lands. - Land use policies for mineral lands
shall be geared towards the rational, ecologically sound, and sustainable use of
mineral resources which shall promote economic growth for the local economy and


uphold the human rights of indigenous peoples and local communities in the
affected areas.

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

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

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

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

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

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

ARTICLE EIGHT. ENERGY RESOURCES

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


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

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

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

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

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

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

ARTICLE NINE. SETTLEMENTS DEVELOPMENT
SEC. 36. Municipalities, Cities, and Settlements Development. - The
development of municipalities, cities, and settlements through CLUP and implemented by
the ZOs of cities and municipalities shall be guided by urban zoning standards designed


to maximize existing urban spaces taking into account studies of pertinent government
agencies on climate change.

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

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

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

SEC. 39. Designation and Zoning of Socialized Housing Sites. - Each 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 flaws and
regulations. In order to ensure adequate availability of land for the housing needs of the
local population, the CLUP may be revised at the minimum of ten (10) years, and
reviewable not earlier than every five (5) years.

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

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

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

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

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

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

(b) Along established urban growth directions;

(c) With 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 or the Comprehensive Agrarian Reform Law (CARL) as
amended by Republic Act No. 9700 or the Comprehensive Agrarian Reform Program
Extension with Reforms (CARPER), Republic Act No. 8371 or the IPRA, Republic Act
No. 7279 or the UDHA, Republic Act No. 8550 or the Philippine Fisheries Code as

amended by Republic Act No. 10654, and Republic Act No. 8435 or the AFMA, taking
into consideration the following:

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

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

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

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

(e) National and Urban Development and Housing Framework;

(f) Identified Socialized Housing Zones; and


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

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

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS

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

Designated areas for tourism 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 concerned 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.

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 concerned
national government agencies, LGUs, and the private sector, shall identify and
periodically review, update and/or revise the list of priority infrastructure projects under
an overall national strategic infrastructure development plan subject to the provisions of
this Act, Republic Act No. 8435 and Republic Act No. 8371: Provided, That such national
strategic infrastructure development plan shail be consistent and integrated in the
objectives and directions of the NPFP.

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


(a) Respond to immediate and vital requirements of the national 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;
(c) Address the need for sustainable settlements development; and

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

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

infrastructure projects that will necessarily involve dislocation or displacement of people
in the area.

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

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


SEC. 49. Infrastructure Projects Within Geo-hazard Areas. — Construction
of priority infrastructure projects within hazard-prone areas —_ shall be allowed: Provided,
That mitigating and/or preventive measures are adopted and implemented to address the
potential adverse economic, sociocultural, and 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 E!A and which pose a
threat to the environment, or to the integrity of historic, archaeological, 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
NPFP, 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 NPFP shall define the national strategy and objectives of the country's urban,
tural 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 PPFPs and the CLUPs, which cover the physical development of
their respective territories, shall be consistent with the NPFP: Provided, That the
integration and harmonization of physical framework plans at all levels shall be iterative
to ensure that the concerns of both top and bottom levels of government are considered
in the NPFP, the RPFPs, the PPFPs and the CLUPs.

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

‘The period of coverage of the national, regional and provincial framework plans shall
be thirty (30) years with regular review and updating every ten (10) years

SEC. 51. National Physical Framework Plan. — The NPFP shall guide the
planning and management of the country's land and other physical resources at the
national and sub-national levels, and indicate 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 NPFP after such period that objectives and goals set by the NPFP have been
substantially achieved. It shall also formulate and issue the appropriate planning
guidelines and standards through which all physical planning, land use and management
of resources shall be reviewed, prepared, formulated and monitored.

The resulting ‘and use plan/physical framework shall be the basis for the
identification, formulation and development of national and local development plans,
programs, projects and activities of 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 existing PPFPs
and the CLUPs of LGUs within the territorial jurisdiction of the region.

The Regional Land Use Policy Council (RLUPC), created under Section 59 of this
Act, shall formulate and periodically update the RPFP based on the guidelines issued by
the 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 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 Provincial Physical Framework and Development Plan
(PPFOP) shall serve as the basis for the formulation of sectoral action plans of national
government agencies in the province and all LGUs within its jurisdiction. The province
may opt to prepare their PDP alongside the preparation of PPFP and consolidate them
into a PPFDP: Provided, That PPFDP shall remain consistent with the PPFP: Provided,
further, That any review or changes in the PPFP shall coincide with the overall review
process of the NPFP.

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

Under the general supervision of the PLUPMB, the Provincial Planning and
Development Coordinator/Office (PPDC/PPDO) shall provide technical, secretariat and

administrative support in the preparation, consultation, integration and formulation
process of the PPFP.

SEC. 54, City and Municipal Comprehensive Land Use Plans (CLUPs). —
All barangays shall provide their sectoral, temporal and spatial data for the CLUP which
shall serve as the foundation for the formulation of the city/municipal CLUPs. The data


shall be provided by the Sangguniang Pambarangay through stakeholder consultations.
The CLUP shall determine the specific uses of land and other physical and natural
resources, both private and public, within their territorial jurisdiction including areas
comanaged with the national government and, as appropriate, management plans for
ancestral domains, critical watersheds, river basins, and protected areas.

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:

(a) 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

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

The NLUPC shall act as the highest policy-making body on land use and shall
resolve land 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:

(a) The Secretary of the DAR;

(b) The Secretary of the DA;

(c) The Secretary of the DENR;

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

(f) The Chairperson of the HUDCC;

(g) The Chief Executive Officer of the HLURB;

The Administrator of the NAMRIA;
(h) The President of the League of Cities of the Philippines (LCP);

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

(j) 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;

(k) 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

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

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:

(a) 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;

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

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

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

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

(f) 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;

(9) Issue locational clearances for projects of national significance;
(h) Call on any department, bureau, office, agency, or instrumentality of the

government and or private entities and organizations for cooperation, support, and
assistance in the performance of its functions;


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

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

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

(I) 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).—Atthe 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. !t shall be chaired by the NEDA Regional Director and shall
exercise the following functions:

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

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

(c) 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;

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

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

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

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

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

In forest land use management, where the watershed area/continuum covers
several municipalities across different provinces, an inter-LGU task force composed of
representatives from the RLUPC and the concerned municipal LGUs where the
watershed area is located shall be formed. With the assistance of the DENR and upon
mandatory consultations with the 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 future development initiatives, programs and projects introduced within its jurisdiction
are consistent with and supportive of the land use resource management and physical
planning objectives, directions and character identified in the approved PPFP.


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

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

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

(c) 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;

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

(e) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among cities/municipalities and facilitate the

resolution of any unresolved land use conflict, including political boundary conflicts, at the
city/municipality level;

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

(g) Promote cooperation and sharing of resources between and among component
LGUs of the province or with neighboring LGUs to address common land use and
development issues including those related to geo-physical hazards, watershed and river


basin management, coastal and marine waters, climate change impact and disaster risks;
and

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

In cases where the watershed areas transcend the boundaries of a particular
municipality, an inter-LGU task force composed of representatives from the 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:

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

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

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

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

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

(f) The Provincial Agricultural Officer (PAO);

(g) The NCIP Provincial Officer;

(h) The HLURB Regional Officer;

(i) Three (3) representatives from the local business or private sector, the
developers’ association and accredited associations of professionals dealing with land
use such as, but not limited to, urban and regional planners, environmental planners,
architects, 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 sector groups (urban poor, fisherfolk,
farmers, indigenous peoples): Provided, That at least two (2) representatives shall be
women: Provided, further, That the representatives shall be appointed from among the


accredited organizations within their respective development councils: Provided, finally,
That in predominantly Muslim areas, one shall be from the Moro sector; and
(k) The designated Board Chairperson to be chosen among the members.

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

Aside from the PPDO, the PLUPMB may cali 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 shall
also be directly responsible for the effective management and implementation of the
approved CLUP and for ensuring that existing and future local policies, including ZOs,
development initiatives, programs and projects introduced within its jurisdiction are
consistent with and supportive of the land use resource management and physical
planning objectives, directions and character identified by the approved CLUP.

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

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

(b) 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;

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

(d) 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;

(e) 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;


(f) 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,

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

(h) 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-physical 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

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

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

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

(d) The Municipal Agrarian Reform Officer (MARO);

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

(f) The Municipal Agriculture Officer (MAO);

(g) 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 engineers, and chamber of commerce, who shall be appointed
from among the accredited organizations within their respective development councils;

(h) Four (4) representatives from the basic sector groups (urban poor, fisherfolk,
farmers and indigenous peoples): Provided, That at least two (2) representatives shall be
women: Provided, further, That the representatives shall be appointed from among the


accredited organizations within their respective development councils: Provided, finally,
That in predominantly Muslim areas, one shall be from the Moro sector, and
(i) The designated Board Chairperson to be chosen among the members.

Except for ex officio members, the members of the C/MLUPMB shall be appointed
to a term of three (3) years, subject however to the elected office held, government
employment and/or official designation in the LGU, national agency and/or local
business/private sector association or basic sector group representation in the Board.
The NLUPC, within ninety (90) days from its establishment, shall formulate the rules for
the selection of the Chairperson and members of the C/MLUPMB. The City/Municipal
Planning and Development Office/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/MPDOIC, the C/MLUPMB may call upon other local and national
government offices and agencies such as the local Engineer, Assessor, and local field
fepresentatives of the DA, the DPWH, the DOTr, _ the DOT, the DENR, the DAR, the
DepED and other concerned national agencies to assist the C/MLUPMB in the
performance of its roles and mandates.

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

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

SEC. 67. Approval of RPFP and NPFP.-The RPFP andNPFP 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 VIII
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
(PHIVOLCS), the DAR, the DA, the NCIP, the National Water Resources Board (NWRB),
the DOE, the National Disaster Risk Reduction and Management Council (NDRRMC),
the NEDA, and other concerned government agencies. The ITC shall be constituted, and
the mapping and spatial data infrastructure program shall be initiated within thirty (30)
days from the effectivity of this Act. The program shall be responsible for the production
of base and decision maps and associated spatial databases for all planning levels based
‘on the guidelines of the NLUPC.

Under the program, all government stakeholders concerned in the production of
maps of various themes shall collaboratively formulate the government's spatial data


infrastructure master plan and respective government agency/stakeholders’ spatial data
infrastructure plans which shall be 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 NPFP pursuant to Section 51 of this
Act.

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

(c) Hydrologic Maps;

(d) Climate Maps;

(e) Soils Maps;

(f) Slope Maps;

(g) Mineral Resource Maps;

(h) Existing Land Use Maps;

(i) Land Suitability Maps for:

(1) Settlements;

(2) Agriculture;

(3) Industrial areas; and

(4) Others.

() Agricultural Maps:

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

(4) Cropping System Zones Maps;

(5) Hydro-ecological Conditions Map; and
(6) Irrigation Systems Maps.

(k) Land Classification Maps;

(I) 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

(5) Erosion Prone Areas.

(n) Tourism Maps;

(0) Transportation Maps;

(p) Traffic Flow;

(q) Maps Designating Areas Served by:


(1) Power;

(2) Telecommunications; and

(3) Water.

(r) Maps indicating the following facilities:
(1) Health:

(2) Education; and

(3) Power.

(s) Domestic Water Supply;

(t) Industrial Areas;

(u) Population Distribution Map;

(v) Ancestral Domain Map;

(w) NIPAS Areas;

(x) Areas Suitable for Urban Expansion;
(y) Watershed Areas; and

(z) Forest Lands:

(1) Protection Areas;

(2) Production Areas; and

(3) Restoration Areas:

(i) Key Biodiversity Areas; 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.

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

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

(a) Forest Lands:

(1) Protection; and

(2) Production.

(b) Ancestral Domains:

(c) NIPAS Areas:

(1) Strict Protection Zone; and

(2) Multiple Use Zone.

(d) Watershed Areas:

(A) Critical; and

(2) Multiple Use.

(e) Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAAD);

(f) Socialized Housing Sites and Settlement Expansion Areas;

(9) Extents of Environmentally Constrained Areas;

(h) Easement Areas;


(i) Critical coastal areas:
(1) Mangroves; and
(2) Sea grass.

Critical marine resources shall also be delineated both on the map _—_and in the
waters. Perimeters of critical offshore areas, such as coral reefs, shall be marked in
accordance with the coastal resource management plans concerned. All maps shall be
updated as new important information and data become available or as determined by
urgent need. Updating of maps shall be undertaken not more often than every ten (10)
years.

SEC. 73. National Geo-hazard Mapping Program. — Within thirty (30) days
from the effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated
jointly 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 liquefaction, landslides, flooding, lahar, ground rupturing,
tsunami, river erosion, coastal erosion, sinkhole collapse, earthquake, lava flow,
pyroclastic flow, base surge, and other natural hazards.

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

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

SEC. 74, Scope and Nature of Responsibilities of Other National


Government Agencies. - All concerned national government agencies/bodies shall
periodically report to the NLUPC on the various activities and accomplishments on land
use. Likewise, they 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. - \n 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 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:

(a) Failure to commence within three (3) years from the date of the conversion order:
(1) Three percent (3%) for the first three (3) hectares;

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

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

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

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

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


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

If the offender is a juridical person, the penalty of imprisonment shall be imposed on
the president, chief executive officer, manager, chairperson and all the members of the
Board, and other responsible officers thereof. The imposable fine shall be equivalent to
the zonal value of the land or forty percent (40%) of the 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 initiating,
causing, inducing, or abetting the reclassification to nonagricultural uses of protected
agricultural areas as defined in Section 13 hereof shall be penalized with imprisonment
of twelve (12) years or a fine of not less 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 elected or appointed, the
penalty shall also include dismissal from service, forfeiture of entitlements accruing to the
public position, and perpetual disqualification to run or apply for any elective or appointive
public position.

If the offender is a juridical person, the penalty shall be imposed on the president,
chief executive officer, manager, chairperson and all 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/or Licenses. -
Upon receipt of notice from the DAR, the concerned agencies, cities or municipalities
shall withdraw and/or revoke any development permit and/or other licenses that may be
necessary to develop the agricultural land subject —_ of conversion.

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

SEC. 87. Failure 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:

(@) Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;
(b) Failure to complete the preparation of the CLUP despite the availability of funds,
resources, and support by the Sanggunian concerned;

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


(d) 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:

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

(2) Three (3) to six (6) months, in case of nonconformity with the NPFP; or

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. illegal 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.

(a) Illegally 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;

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

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

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

The maximum penalty prescribed shall be imposed upon the offender who repeats
the same offense, and double the maximum penalty upon the offender who commits the


same offense for the third time or more.

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

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

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

SEC. 92. Transfer of Powers and Functions. - The functions of the HLURB
on land use planning as provided for under Sections 5a, 5b, 5c, 5d, 5e, and 5f 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


r 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.

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 (LO!) No. 1350,
are also modified accordingly. Section 11 of Republic Act No. 8435 as to the penalty for
agricultural inactivity and premature conversion is also modified by Section 83 hereof.
LOI No. 1350, Series of 1983; Presidential Proclamation No. 2282, Series of 1983; and
all other general and special laws, acts, decrees, executive orders, proclamations and
administrative regulations, or any part thereof — which are inconsistent with this Act are
hereby repealed or modified accordingly.

All republic acts, executive orders, rules and regulations, and other issuances or
parts thereof which are inconsistent with the provisions of this 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 (15) days after its

Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,