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

TWENTIETH CONGRESS
1" Regular Session

197

House Bill No.

Introduced by Representatives EDVIC G. YAP

EXPLANATORY NOTE

Land use plans and management play a significant role in safeguarding food
security and overall sustainable prosperity. Its efficient allocation and administration
cultivates the development and protection of the environment, public health,
economic affairs, and social justice. Given the country's approximate land area of
300,000 square kilometers, there is a need for a comprehensive and responsive
national land use policy to address the impact of deforestation and urbanization on
food, housing, business, health, and environment.

Thus, this bill seeks to institute a National Land Use Policy which shall end the
current degradation of the country's land resource, and optimize balanced
development. It shall harmonize and consolidate existing laws governing the
allocation, utilization, development, and management of land resources, thus
creating the National Land Use Policy Council as the highest policymaking body in
all matters pertaining to land use and manager

In view of the foregoing, approval of this Dithi tly sought.

HON. El IC G. YAP


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

TWENTIETH CONGRESS
1" Regular Session

House Bill No.

Introduced by Representatives EDVIC G. YAP

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

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

SECTION 1. Short Title. - This Act shall be known as the "National Land Use
Act of the Philippines."

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and
advance the right of the Filipino people to a balanced and healthful ecology through
the rational allocation, utilization, development and management of the country’s
land and resources therein that is consistent with the principles of sustainable
development and inclusive growth.

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

a. Settlements, transportation and other infrastructure development in
support of global urban competitiveness and inclusive growth;

b, Improved access to affordable, livable and resilient housing through
various means such as by increasing land supply through direct land
allocation and land banking, better access to unutilized lands, including
unutilized government-owned lands, and promotion of multiple uses and
higher densities, where appropriate;

c. Energy security and energy resiliency;
d. Protection of prime agricultural lands, i.e, Strategic Agricultural and

Fisheries Development Zones (SAFDZ), for food security in rice and corn
and other basic food commodities;


e. Protection of water resources, including critical watersheds and watershed
reservations, in support of water and food security;

f. Protection and proper utilization and management of the country’s natural
resources;

g- Protection and conservation of the country’s natural heritage and
biodiversity;

h. Protection and preservation of Filipino historical and cultural heritage;

i, Integration of Disaster Risk Reduction (DRR) and Climate Change
Adaptation (CCA) in land use and physical planning;

Market orientation within the framework of intergenerational factors in
achieving efficiency in land use allocation;

k, Public-Private Partnership where government provides the appropriate
policy, legal and institutional framework to guide the private sector’s use
of land;

1. Equitable access of basic sectors to the country’s land by regulating land
valuation to prevent land pricing speculation;

m. Respect for and recognition and protection of the rights of the Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral
domains, compliance with Free, Prior and Informed Consent (FPIC) of
ICCs/IPs as well as recognition of customary laws and sustainable
traditional resource use and management, indigenous knowledge systems,
and practices in ancestral domains; and

n. Community participation in the management and protection of land
resources.

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

Further, it is the policy of the State to encourage landowners to develop and
conserve their lands and make them productive and supportive of sustainable
development and environmental stability guided by the principle that the use of
land bears a social function and that all economic agents shall contribute to the
common good

SEC. 3. Scope. - This Act shall apply to all lands, whether public, private,
government-owned, and/or in the possession of individuals, communities,


indigenous peoples, or private groups, including corporations, and shall guide and
govern the use, allocation, and management of land, including such activities that
bear impact on said resources.

CHAPTER II
DEFINITIONS

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

a. “Adaptation” refers to the adjustment in natural or human systems in
response to actual or expected climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities;

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

c. “Agricultural land use conversion” refers to the undertaking of any
development activity which modifies or alters the physical characteristics
of agricultural lands to render them suitable for specific non-agricultural
use as indicated in the approved order of conversion issued exclusively by
the Department of Agrarian Reform (DAR);

d. “Agricultural land reclassification” refers to the act of specifying how
agricultural lands shall be utilized for non-agricultural uses such as
residential, industrial, commercial, as embodied in the land use plan,
subject to the requirements and procedure for land use conversion,
undertaken by the Local Government Unit (LGU) in accordance with
Section 20 of RA No. 7160;

e. “Alienable and disposable lands” refer to lands of the public domain
which have been delineated, classified, and certified as such and are
available for disposition under Commonwealth Act No.141, otherwise
known as the "Public Land Act." as amended. No land of the public
domain eighteen percent (18%) in slope or over shall be classified as
alienable and disposable lands, subject to the provisions of Presidential
Decree No. 705, otherwise known as the Revised Forestry Code of the
Philippines;


“Ancestral domains” refer to all areas generally belonging to ICCs/IPs as
defined in RA 8371, otherwise known as the Indigenous Peoples Rights
Act (IPRA) of 1997;

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

. “Biodiversity” refers to the variability among living organisms from all
sources including terrestrial, marine, and other aquatic ecosystems and the
ecological complexes of which they are part. This includes diversity within
species and of ecosystems;

“Coastal Area/Zone” refers to a band of dry land and the adjacent ocean
space (water and submerged land) in which terrestrial processes and uses
directly affect oceanic processes and uses, and vice versa. Its geographic
extent may include areas within a landmark limit of one (1) kilometer from
the shoreline at high tide to include mangrove swamps, brackish water
ponds, nipa swamps, estuarine rivers, sandy beaches and other areas
within a seaward limit of 200 meters isobath to include coral reefs, algal
flats, seagrass beds, and other soft-bottom areas. For purposes of initiating
and implementing sustainable coastal resources protection and
management, it shall include foreshore lands;

“Comprehensive Land Use Plan (CLUP)” refers to the document
formulated by the local government in consultation with its stakeholders,
that defines or provides guidelines on the allocation, utilization,
development and management of all lands, within a given territory or
jurisdiction, including municipal waters, according to the inherent
qualities of the land itself and supportive economic, demographic,
socio-cultural and environmental objectives;

. “Climate Change" refers to a change in climate that can be identified by
changes in the mean and/or variability of its properties and that persists
for an extended period typically decades or longer, whether due to natural
variability or as a result of human activity;

“Climate change adaptation" refers to the adjustment in natural or human
systems in response to actual or expected climatic stimuli or their effects,
which moderates harm or exploits beneficial opportunities;

“Critical watershed" refers to a drainage area of a river system supporting
existing and proposed hydroelectric power, domestic water consumption,
and irrigation works needing immediate rehabilitation as it is being


subjected to fast denudation causing accelerated erosion and destructive
floods;

. “Cultural heritage" refers to the totality of cultural properties preserved
and developed through time and passed on for posterity;

. “Development plan" refers to a document that defines the activities or
measures that the national government or LGUs intend to implement in
order to achieve a defined set of development goals. It integrates the
socioeconomic and sectoral plans of the national government or its
instrumentality or a particular LGU with spatial plans such as land use or
physical framework plans. It may include an analysis of problems and
resources, definition of goals and objectives, policy guidelines, project and
target achievements, and an implementation mechanism which defines the
roles and contributions expected from the government and the private
sector. Development plans include the national-level Philippine
Development Plan (PDP) and its counterpart plans at the regional,
provincial and local levels called the Regional Development Plan (RDP),
the Provincial Development and Physical Framework Plan (PDPFP) and
the Comprehensive Development Plan (CDP). These plans are translated
into medium-term investment programs, also prepared at the national,
regional and local levels, where programs, projects and activities derived
from the development plans are ranked, prioritized, and matched with
investment financing capacities;

. “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 through reduced exposure to hazards,
lessened vulnerability of people and property, wise management of land
and the environment, and improved preparedness for adverse events;

. “Ecologically-fragile lands" refer to lands within the critical watershed,
brackish and freshwater wetlands, pasture lands, and croplands which
require rehabilitation and whose continued unsustainable use would lead
to land degradation and adversely affect the productivity of lowland
agricultural areas and the stability of the upland system;

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

“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 energy resources such as biomass,
geothermal, solar, hydro, ocean, wind and other similar resources which
serve the same purpose;

“Environmentally-critical areas" refer to areas that are exposed to
hazards, perform vital environmental service functions, historically and


archaeologically important, ecologically unique, _socio-culturally
important, habitat of endangered or threatened species where such areas
need to be protected, conserved and monitored;

u. “Exhausted mineral resources” refer to a situation where the mineral
resources in specific sites are no longer in sufficient quantity to justify
additional expenditure for extraction or utilization;

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

w. “Flood plain" refers to portion of river valley adjacent to river channel
which is covered with water when river overflows its banks at flood
stages; the plain usually consists of silt deposited by the stream;

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

y. “Forest lands" refer to lands of the public domain which have been
classified and declared as such and all unclassified lands of the public
domain;

z. “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
usually marked by a beach scarp or berm;

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

bb. “Geo-hazards" refer to geological processes/ phenomenon that may cause
loss of life, injury or other health impacts, property damage, loss of
livelihoods and services, social and economic disruption or environmental
damage. This includes internal earth processes such as earthquakes and
volcanic activities. and geophysical processes like mass movements,
landslides, surface collapses, debris, and mud flow;


cc. “Hazard-prone areas" refer to areas frequently visited and/or vulnerable
or prone to experience weather/climatic, hydrologic, geologic, and other
natural calamities;

dd.“Heritage Zones” refer to historical, anthropological, archaeological and
artistic geographical areas and settings that are culturally significant to the
country as declared by the National Museum and/or National Historical
Institute. pursuant to RA 10066 or the National Cultural Heritage Act of
2009;

ee. “Human Settlements" comprise of (i) physical components of shelter and
infrastructure: and (ii) services to which the physical elements provide
support, such as community services which include education, health,
culture, welfare, recreation and nutrition;

ff. “Idle or Abandoned Land” refers to any agricultural land not cultivated,
tilled or developed to produce any crop nor devoted to any specific
‘economic purpose continuously for a period of three (3) years immediately
prior to the receipt of notice of acquisition by the government as provided
under RA 6657 or Comprehensive Agrarian Reform Program (CARP) as
amended by RA 9700, but does not include land that has become
permanently or regularly devoted to non-agricultural purposes. It does
not include land which has become unproductive by reason of force
majeure or any other fortuitous event, provided that prior to such event,
such land was previously used for agricultural or other economic purpose;

gg.“Illegal conversion" refers to conversion of agricultural land by its
landowner, or persons acting on the landowner's behalf, into any
non-agricultural use without filing an application for reclassification and
conversion with the DAR;

hh. “Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)" refers
to groups of people or homogenous societies identified under RA 8371 or
the IPRA;

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

jj. “Integrated watershed management" refers to a planning strategy or
program for watershed areas that complement environmentally-sound soil
and water and other natural resources 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.“Land” refers to a solid surface of the earth that is not permanently
covered by water. The vast majority of human activity throughout history


has occurred in land areas that support agriculture, habitat and various
natural resources;

Il. “Land banking" refers to the acquisition of land at values based on
existing use in advance of actual need to promote planned development
and socialized housing programs;

mm. “Land degradation" refers to the reduction or loss of the biological or
economic productivity and complexity of rain-fed cropland, irrigated
cropland, or range, pasture, forest and woodlands resulting from land uses
or from a process or combination of processes, including processes arising,
from human activities and habitation pattern;

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

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

pp."Mangroves" refer to a community of intertidal plants including all
species of trees, shrubs, vines and herbs found on coasts, swamps, or
border of swamps;

qq. “Marine Protected Area" 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 is a generic term
that 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, excluding energy resources;

ss.

“Mineral lands” refer to lands where mineral, excluding energy resources,
are found in sufficient quantity and quality that would allow economically
viable exploitation and utilization;

tt. “Multiple use of land” refers to the utilization or management strategy for
specific lands which allows any activity thereat, depending on the result of
prior evaluation on its numerous beneficial uses and in accordance with
priorities in land use allocation and planning, that will produce the
optimum benefits to the development and progress of the area and to the


public welfare without impairment or with the least injury to its other
resources;

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;

v

s

“National Park” refers to a land and water 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 also
refers to lands of public domain classified as such in the 1987 Constitution
which include all areas under the NIPAS pursuant to RA 7586 or the
National Integrated Protected Areas System Act of 1992 as amended by
RA 11038 or the Expanded National Integrated Protected Areas System
Act of 2018, primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity;

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

x

%

“On-site development" refers to the process of upgrading and
rehabilitation of bighted and slum urban areas with a view of minimizing
displacement of dwellers in said areas, and with provisions for basic
services as provided for in RA 7279 or the Urban Development and
Housing Act (UDHA);

yy. “Patrimonial properties" refer to all other property of the State, which is
not of the character described as property of public dominion; when no


longer intended for public use or for public service; all other property
possessed by a province, city, or municipality not classified as property
for public use;

zz. “Prime agricultural land" refers to areas that are covered by the Strategic
Agriculture and Fisheries Development Zones or SAFDZs defined in this
Act;

aaa.“Premature conversion" refers to the conversion of agricultural land by its
landowner, or persons acting on the landowner's behalf, into any
non-agricultural use without the approval by the DAR of the landowner's
application for reclassification and conversion;

bbb. “Protected areas" refer to portions of land set aside by reason of their
unique physical and biological significance, managed to enhance
biological diversity, and protected against destructive human exploitation.
For purposes of this Act, it shall include agricultural lands identified and
delineated under Section 45 of this Act;

ccc. “Public domain" refers to lands that belong to the State which may be any
of the following: agricultural, forest or timber, mineral, or national park,
as provided for in the 1987 Constitution;

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

eee. “Resettlement areas" refer to areas identified by the appropriate national
agency or by the LGUs with respect to areas within its jurisdiction that
shall be used for the relocation of the underprivileged and homeless, as
defined under RA 7279 or UDHA;

fff. “River ba fers to the horizontal projection of area from which a river
and its tributaries receive surface water originating from precipitation;

ggg. “Salvage zone" refers to lands measuring 20 meters measured
landward from the interior limit of the shoreline for casement purposes;

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

10


iii, “Socialized housing” refers to housing programs and projects covering
houses and lots or homelots only, or residential condominium units
undertaken by the government or the private sector for the
underprivileged and homeless citizens which shall include sites and
services development, long-term financing, liberalized terms on interest
payments, and such other benefits in accordance with the UDHA;

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

kkk. “Subclassification of lands" refers to the act of determining and
assigning more specific uses of lands already classified in accordance with
the 1987 Constitution and existing laws;

Il. “Strategic Agriculture and Fisheries Development Zones (SAFDZ)" refers
to the 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 socio-culturally sound manner; also referred to as
Prime Agricultural Lands;

mmm.“Strict Protection Zone” pertains to the management zones of
protected areas consisting of natural areas with high biodiversity value
closed to all human activities except for scientific studies and/or
ceremonial or religious use by the ICCs/IPs. It may include habitats of
threatened species, or degraded areas that have been designated for
restoration and subsequent protection, even if these areas are still in
various stages of regeneration;

nnn, “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;

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

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

qqq. “Urban area” refers to a barangay which has a population size of 5,000
or at least one establishment with a minimum of 100 employees, or 5 or

uw


more establishments with 10 to 99 employees, or five or more facilities
within the two-kilometer radius from the barangay hall;

rr. “Urban Development” refers to the process of occupation and use of land
or space for activities such as residential, industrial, and commercial and
the like or their combinations, necessary to carry out the functions of
urban living. It entails the building or rebuilding of more or less
permanent structure over land that is often withdrawn or converted from
its original use, resulting in the creation of a built environment;

ssi

. “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;

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

uuu, “Vulnerable areas" refer to areas exposed to natural and anthropogenic
hazards of soil, geology, vegetation, flora, fauna, human and coastal;

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

www. “Watershed" refers to a land area drained by a stream or fixed body of
water and its tributaries having a common outlet for surface run-off;

xxx."Watershed and Ecosystem Management” refers to the holistic,
collaborative, multiple uses and sustainable management of all the
resources within a planning unit known as watershed;

yyy.“Watershed reservation" refers to a forest land reservation established to
protect or improve the conditions of the water yield thereof to reduce
sedimentation;

zzz."Zoning" refers to the division of a community into districts (eg,
commercial, residential, industrial, institutional, etc.) in order to
maximize, regulate and direct their use and development according to the
Comprehensive Land Use Plan. It is also concerned primarily with the use
of land and through imposition of building heights, bulk, open space and
density in a given area; and

aaaa. “Zoning ordinance or ZO” refers to a locally enacted ordinance which
embodies, among others, regulations affecting uses allowed or disallowed

12


in each zone or district, conditions for allowing them, and deviations
legally allowed, from the requirements of the ordinance.

CHAPTER II
PHYSICAL FRAMEWORK AND LAND USE PLANS

SEC. 5, National Physical Framework Plan. - The National Land Use
Council (NLUC), created in Section 14 herein, shall formulate and periodically
update a National Physical Framework, Plan (NPFP) that defines the urban, rural
and regional development in the country. The framework plan shall promote the
following objectives: (a) global competitiveness of the national urban system that is
fully integrated with the rural areas; (b) employment and inclusive growth; (c)
sustainable use of land and water resources; (d) protection _ of
environmentally-critical areas and prime agricultural lands; (e) sustainable
communities; (f) effective social service delivery; (g) safe food production and
distribution efficiency; (h) historic and heritage preservation and recognition of
ancestral domains; and (i) DRR and CCA. The NPFP shall have a timeframe of 30
years, to be reviewed and updated every 10 years. The policies prescribed in the
NNPFP shall be integrated into the PDP and the Public Investment Program.

SEC. 6. Regional Physical Development Framework. - The Regional Land Use
Policy Committee (RLUPC), created under Section 18 of this Act, shall formulate and
periodically update the regional physical development framework in a manner
consistent with and following the objectives of the NPFP, as applicable to the region.
The regional physical development framework shall guide the preparation of and
harmonize the PDPFPs and Comprehensive Land Use Plans (CLUPs) of highly
urbanized cities (HUCs) and independent component cities (ICCs) within the
territorial jurisdiction of the region. It shall have a timeframe of 30 years, to be
reviewed and updated every 10 years. The regional physical development
framework shall serve as a spatial input in the formulation of the RDP and the
Regional Development Investment Program.

SEC. 7. Provincial Development and Physical Framework Plans. - The
Provincial Development Council (PDC), through the Provincial Planning and
Development Office (PPDO), shall formulate and periodically update the PDPFP
which ‘shall define the province's development vision. economic and social
development policies, general land uses, inter-city/municipal transportation system,
and DRR and CCA strategies. The PDPFP shall prescribe a framework consistent
with the regional physical development framework and define the physical
development of the province in a manner that promotes the objectives of the NPFP
defined in Section 5 of this Act. The PDPFP shall harmonize the CLUPs of
component cities and municipalities, taking into consideration shared resources and
planning concerns, thus making it a key vertical influence in linking local
development objectives with regional and national policies and priorities. The
PDPFP shall have a planning period of 10 years, to be updated every three (3) years.
It shall serve as basis in the formulation of the Provincial Development Investment
Program.



The PDPFP shall be submitted to the Provincial Land Use Policy Committee.
Created under Section 19 of this Act, for review and endorsement to the Sangguniang
Panlalawigan, which shall adopt the same pursuant to Section 468 (2) (vii) of RA 7160
or the LGC.

SEC. 8. City and Municipal Land Use Plans. - The City/Municipal
Development Council, through the City/Municipal Planning and Development
Office (C/MPDO), shall formulate and periodically update the CLUP in accordance
with national policies, standards, and guidelines issued by the Department of
Human Settlements and Urban Development (DHSUD). The CLUP shall define the
city /municipality's development vision, environmental protection, economic and
social development policies, land uses, densities, and transportation system. The
C/MPDO shall incorporate in the CLUP the updated SAFDZ maps prepared by the
DA through BSWM pursuant to RA 8435 or the Agriculture and Fisheries
Modernization Act (AFMA). The CLUP shall be consistent with the PDPFP; it shall
define the physical development of the city /municipality in a manner that promotes
the objectives of the NPFP defined in Section 5 of this Act.

The spatial directions prescribed in the CLUP shall be the basis for the CDP
and local development investment program. The CLUP shall be enacted into a
Zoning Ordinance (ZO) by the Sanggunian to regulate the uses of land, including
limitations on height, density and bulk of buildings, and other infrastructure that
may be placed thereon.

SEC. 9. Physical Framework and Land Use Planning Process. - The physical
framework and land use planning process shall be iterative following a combined
bottom-up and top-down approach, with mandatory consultations conducted in all
levels, and shall consider available and updated multidisciplinary scientific
information of land uses. The NPFP shall guide planning at the national and
subnational levels. The regional physical development framework and,
consequently, the PDPFPs and CLUPs shall be consistent with the NPFP; Provided
that the integration and harmonization of physical and land use 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, regional development physical frameworks.
PDPFPs and CLUPs. The physical and land use plans prepared at all levels shall
have internal consistency to ensure complementation in the utilization, development
and management of land.

SEC. 10. Revision of Existing Planning Guidelines. - The existing planning

guidelines on the NPFP, regional development physical framework and PDPFP shall
be reviewed and revised pursuant to Sections 5, 6, 7, and 9 of this Act.

CHAPTER IV
FRAMEWORK FOR LAND USE/PHYSICAL PLANNING

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SEC. 11. Basic Objective of Land Use/Physical Framework Planning. ~ The
primary objective of a physical framework plan is to describe existing land uses and
to identify an integrating physical framework - including an overall vision, policies
‘on social and economic development and environmental protection and supporting
transportation and other infrastructure facilities - that will define future
development. Its output includes the identification of programs, projects and
activities needed to achieve the desired development, and which will serve as inputs
to the investment program. In the case of the CLUP, it is also intended to provide
specific development and building guidelines and parameters that will be
implemented through a ZO.

SEC. 12. Approach to Land Use/Physical Framework Planning. - In general,
the land use/physical framework planning process shall include a description of
existing land uses and land use trends, as well as the physical, demographic,
economic, social and environmental conditions that have shaped and are likely to
shape future land use and physical developments. It shall then derive a land use
plan/physical framework by matching, reconciling or integrating the demand for
land (the need for land given future projections and requirements) with the supply
of land (the land available for specific uses). The resulting land use plan/ physical
framework shall be the basis for identifying necessary policies, programs, projects
and activities, and development controls to guide future development. The land use
plan/physical framework must be holistic in nature and not emanate from specific
individual or corporation which, in essence, constitutes as spot zoning.

SEC. 13. Basic Land Use/Physical Planning Considerations. - The following
are some basic land use planning considerations:

a. Priority shall be given to life and safety, and thus to identifying hazard
prone areas and corresponding risk reduction measures as part of the DRR
and CCA objective. Areas identified to be available for other land uses
shall then be planned accordingly;

b. Multiple uses of land is possible and even desirable in order to promote
sustainability and efficiency. The CLUPs should identify the dominant
uses for specific areas, however, utmost consideration to environmental
protection should be a primordial concern;

c. Environmentally-critical areas, SAFDZ as prime agricultural lands, IP
culturally significant lands and strict protection zones shall be protected
from land use conversion or reclassification. Should land use conversion of
IP culturally significant lands be inevitable for public interest, consultation
with and rituals of the IPs should be done;

d. The identification of network of settlements and settlement and
non-settlement areas is key in determining the demand for land because
this establishes the location of employment-generating industries and
services as well as housing. Once identified, other support uses such, as

15


transportation and other infrastructure facilities as well as social services
can be determined;

e. In general, economic growth and poverty reduction are enhanced by land
uses which promote a globally competitive national urban system that is
fully integrated with the rural areas. The specific roles of individual cities
and municipalities in this system will vary depending on their
demographic trends, the competitiveness of existing and potential
economic activities, physical environment and resource endowments,
quality of external linkages and internal integration, infrastructure and
technological capacities;

£ Ancestral domain and native titles shall be recognized and respected and
protected, with the ADSDPP in harmony with physical/land use and
development plans at the regional and local levels. The right of the
IPs/ICCs provided under IPRA on the use of their land shall be inviolable.

g- Sustainable development should be integrated into protection as well as in
other urban and rural land uses;

h. Physical characteristics such as soil, land cover, slope, topography,
elevation, geology, geography, climate, and resulting vulnerability to land
degradation and, hazard prone areas are basic considerations in
identifying allowable or preferred land uses, transportation systems and
other support infrastructure facilities;

i. Land use conflicts are inevitable, unavoidable, and are likely to increase
and intensify as population increases. Greater consideration should be
given to those that are life-threatening or are direct threats to public safety;
harmful or destructive to protected areas, flora, fauna, and other protected
natural resources and ecosystems; and

j. All levels of physical and land use plans shall be directly linked and
aligned with each other and consistent with the objectives of the
Philippine Development Plan and other government policies, plans and
frameworks.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

Article 1
National Land Use Council

SEC. 14. Creation of the National Land Use Council (NLUC). - The National

Land Use Council, hereinafter referred to as NLUC, is hereby created. It shall
exercise the powers and responsibilities of the current NEDA Board - National Land
Use Committee which is hereby abolished. The NLUC shall act as the highest policy
making body on land use and resolve land use policy conflicts between or among,

16


agencies, branches, or levels of the government. It shall integrate efforts, monitor
developments relating to land use, and the evolution of policies.

SEC. 15. Composition of the NLUC. - The NLUC shall be composed of 23
members.

a. The Secretary of the National Economic and Development Authority
(NEDA) as Chairperson;

b, The Secretary of the Department of Environment and Natural Resources
(DENR) as Vice-Chairperson;

c. The Secretaries of the Department of Finance, Justice, Agriculture, Public
Works and Highways, National Defense, Trade and Industry, Agrarian
Reform, Interior and Local Government, Tourism, Transportation, Science
and Technology, Energy, Information and Communications Technology,
and Human Settlements and Urban Development;

d. The Chairperson of the National Commission on Indigenous Peoples;
e. The Presidents of the Leagues of Municipalities. Cities and Provinces; and
f. Two land use planning experts from the Private Sector.

SEC. 16. Powers and Functions. - The NLUC shall have the following powers
and functions:

a. Formulate policies, and harmonize all laws and policies relevant to land
use and physical planning;

b. Decide and resolve policy conflicts on land use between or among national
government agencies and act on unresolved similar land use policy
conflicts elevated by Regional Land Use Policy Committee (RLUPC);

c. Advise the President of the Philippines on all matters concerning land use
and physical planning 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;

d. Prepare and periodically update the NPFP;

e. Coordinate the establishment and maintenance of a national land resource
information and management system that shall integrate, process and
share information on land use and allocation generated by the various
national government agencies; define information requirements at various
levels; and standardize information inputs and outputs including scales
and symbols used in territorial and sectoral maps;

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

g- Monitor and coordinate the activities of concerned agencies and entities of
the government in the enforcement and implementation of policies and
regulations relating to land use and resource management and
development;

h. Declare projects of national significance;

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

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

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

SEC. 17. National Land Use Office (NLUO). - The National Land Use Office is
hereby created as an agency attached to NEDA which will serve as technical
secretariat to the NLUC. The NEDA Regional Development Office personnel who
serve as secretariat to the NEDA Board - National Land Use Committee who opted
to transfer to the NLUO shall be given priority without diminution in rank and
remuneration. The staffing pattern shall be drafted by the NEDA in coordination
with DBM and Civil Service Commission.

The NLUO shall be headed by an Executive Director with a rank of
Undersecretary who shall supervise the operations of the NLUO. He/She shall be a
qualified professional in any of the fields of land use, physical planning,
environmental management, engineering, public governance or law. The NLUO will
establish regional offices which will provide technical secretariat support to the
Regional Land Use Policy Committee created under Sec. 18 of this Act.

SEC. 18. Regional Land Use Policy Committee (RLUPC). - At the regional
level, the RLUPC under the Regional Development Council (RDC) will be
institutionalized, The RLUPC will replicate the NLUC structure and composition,
and replace the RDC's Regional Land Use Committee, which is hereby abolished.
The RLUPC shall have the following functions:

a. Formulate regional policies on land use and physical planning consistent
with national policies and issuances on land use;

b. Decide and resolve policy conflicts on land use planning, classification,
and allocation that may arise between or among regional line agencies;


c. Prepare and periodically update the regional development physical
framework to consider national policies and programs and to provide
policy directions to provinces, cities, and municipalities in the preparation
of their respective physical plans;

d. Guide the provinces, in preparing and periodically updating their PDPFPs
to ensure consistency with regional and national plans and policies and to
facilitate its integration to the regional plans following a combined
bottom-up and top-down approach;

e. Review the PDPFPs of provinces, and CLUPs of highly urbanized cities
(HUCS) and independent component cities (ICCs);

f. Promote cooperation and sharing of resources between and among
provinces and with their component LGUs to address physical framework
planning and development issues including those related to hazards and
risks;

g. Undertake the gathering of regional data for the land resource information
and management system;

h. Recommend to the NLUC appropriate policies that will resolve land use
issues and expedite the resolution.

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

Article 2
Local Land Use Committees

SEC. 19. Provincial Land Use Policy Committee (PLUPC). - The Provincial
Land Use Committee created under Executive Order No. 72 s. 1993 is hereby
abolished, and the

Provincial Land Use Policy Committee is hereby created in all provinces to tackle
land use concerns whenever necessary.

The PLUPC shall:

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

b. Decide and resolve policy conflicts or concerns on land use planning, land
classification, and allocation that may arise at the provincial level and
those between or among cities/municipalities and any unresolved land
use conflicts at the city / municipality level;


c. Promote cooperation and sharing of resources between and among
component LGUs of the province to address land use and development
issues including those related to hazards and risks;

d. Review and endorse to the Sangguniang Panlalawigan for adoption, the
PDPEP prepared and periodically updated by the PPDO and other land
use and physical planning-related policies; and

e. Assist the Sangguniang Panlalawigan in reviewing the CLUPs of component
cities/municipalities to ensure consistency with the PDPFP and
compliance with the limits prescribed under the 1991 LGC for reclassifying,
agricultural lands.

The PLUPC shall be composed of the following: Provincial Planning and
Development Coordinator as chairman, Provincial Agriculturist, Provincial
Environment and Natural Resources Officer, Provincial Fisheries Officer, Provincial
Tourism Officer, Provincial Engineer, Provincial Assessor, Provincial Agrarian
Reform Officer, representative of the DA Regional Field Unit, DILG Provincial
Director, representative from DHSUD Regional Office, a representative from CSO
and the private sector. The PLUPC may call upon any official of national and
regional agencies and other relevant agencies during discussions on land use and
physical planning concerns.

Provinces shall activate their respective PLUPCs within six (6) months from
the
effectivity of this Act.

SEC. 20. City/Municipal Land Use Committee (C/MLUC). - A City /Municipal
Land Use Committee (C/MLUC) is hereby created in all cities and municipalities,
including highly urbanized and independent component cities, to tackle land use
concerns whenever necessary.

The C/MLUC shall:

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

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

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

For purposes of this Act, the City/Municipal Planning and Development

Coordinator (C/MPDC) shall (a) act on ail applications for locational clearances for

20


all new projects except those of vital and national economic or environmental
significance which, upon NEDA's declaration of national significance, will be acted
upon by DHSUD, and (b) monitor ongoing/existing projects within their respective
jurisdictions and issue notices of violation to owners, developers, or managers of
projects that are violative of ZOs.

The C/MLUC shall replicate the PLUPC structure and composition. The
C/MLUC may call upon any official of national, regional, and provincial
agencies/offices and other relevant agencies during discussions on land use and
physical planning concerns.

LGUs shalll activate their respective C/MLUCs within six (6) months from the
effectivity of this Act.

Article 3
Adoption, Approval and Review of Land Use Plans

SEC. 21. Component Cities and Municipalities. - As prescribed in existing
laws and issuances, the component cities and municipalities. through their
respective Sanggunian, shall adopt their respective CLUPs and Zos, subject to the
power of review and approval of the Sangguniang Panlalawigan of their respective
provinces with respect to the consistency of the CLUPs and ZOs with Section 8
hereof on the preparation of the PDPFP and with regional and national policies.

SEC. 22. Provinces, Highly Urbanized Cities and Independent Component
Cities, - Provinces, HUCs and ICCs shall have the power and authority to adopt and
approve their respective PDPFP, CLUPs. and ZOs, as the case may be, through their
respective Sanggunian. The PDPFP and CLUP shall be reviewed by the RLUPC prior
to the adoption by the respective Sanggunian. For the cities and municipality of
Metro Manila, the Metropolitan Manila Development Authority, together with the
DHSUD, shall review their CLUPs; the DHSUD shall also ratify their CLUPs.

Article 4
Responsibilities of the National Government Agencies and LGUs

SEC. 23. Forest Land Boundary Delineation. - Within two (2) years after the
effectivity of this Act, the DENR shall complete the delineation on the ground of
forest lands and national parks, and submit the same to Congress for enactment into
law pursuant to Section 4 Article XII of the 1987 Constitution. The result of forest
boundary delineation shall be made available to the public.

‘As a result of forest boundary delineation and assessment, alienable and
disposable lands with slopes of eighteen percent (18%) and above which have not
yet been enacted by Congress may be reclassified as forest lands which shall have
restricted use for public interest in consideration of environmental and hazard risk
mitigation. In the event that said alienable and disposable lands are titled prior to the
approval of this Act, a new title shall be issued by the DENR to incorporate
provisions, to be defined by DENR, relating to the application of disaster/hazard

a


mitigation measures, such as soil and water conservation measures, effective
vegetation cover, and other related measures.

SEC. 24. National Geospatial Information Program. - Within two (2) years
upon the effectivity of this Act, the NAMRIA, in coordination with BSWM, Forest
Management Bureau (FMB), Land Management Bureau, Biodiversity Management
Bureau, Mines and Geosciences Bureau (MGB), Philippine Institute of Volcanology
and Seismology (PHIVOLCS), DAR, the National Water Resources Board, National
Commission on Indigenous Peoples (NCIP), Department of Energy (DOE), NEDA
and other concerned government agencies/bureaus shall complete the updating of
base maps. These base maps and corresponding geospatial data shall be shared and
disseminated to all agencies and LGUs to serve as reference in plan preparation and
other planning activities.

SEC. 25, Delineation and Mapping of Hazard-prone and Vulnerable Areas. -
Within two (2) years upon the effectivity of this Act, the BSWM, MGB, FMB, DENR-
Ecosystems Research and Development Bureau, PHIVOLCS, PAGASA, DOE, and
NAMRIA, in coordination with the National Disaster Risk Reduction and
Management Council, the Regional Disaster Risk Reduction and Management
Councils, the Climate Change Commission, and other concerned government
agencies shall delineate and continuously update the geo-hazard, vulnerable area,
hydrometeorological hazard maps and the corresponding geospatial data.

These maps shall be shared and disseminated to LGUs which shall
subsequently guide them in the preparation of their own hazards-constrained
development and physical framework and land use plans.

SEC. 26. Basic and Applied Research for Science and Technology
Development. - Within one (1) year from the effectivity of this Act, the Department of
Science and Technology, in coordination with concerned agencies, shall formulate a
research agenda that will support physical framework and land use planning.

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

SEC. 28. Monitoring of CLUP Implementation. - ‘he DHSUD shall design
and install an information system for monitoring the actual use of land resources, the
reclassification of agricultural lands authorized by cities and municipalities, and the
implementation of CLUPs of LGUs with a view to ensuring the compliance with
national policies, standards and guidelines: Provided, that the system shall be
developed in coordination with DA, DAR, DILG, NEDA, League of Provinces,
League of Cities, League of Municipalities and other concerned national government
agencies.

22


SEC. 29, Submission of Annual Report on the Implementation of CLUPs. -
The

C/MLUCS shall submit an annual report on the implementation of their land use
plans to the PLUPC, which shall in turn integrate the provincial reports for
submission to the DHSUD regional office. The analysis and related reports on the
implementation of CLUPs shall then be submitted by the DSHUD to the NLUC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

Article 1
Forest Lands, Watershed Reservations and National Parks

SEC. 30. Reversion of Alienable and Disposable Lands to Forestlands. - Upon
the recommendation of the Secretary of the DENR, duly reviewed and endorsed by
the NLUC, and after due consultations with the concerned LGUs and affected
parties, Congress may authorize the reversion of alienable and disposable lands of
the public domain or portion thereof to forest lands. Geohazard conditions shal! be
considered prior to LGU issuances of permits and clearances in forestlands.
Regardless of any government agency issuing a land title, the DENR together with
NAMRIA shall review those designated forestlands with non-conforming uses and
recommend measures on how to address these.

SEC. 31. Critical Watershed and Sub-Watershed Areas. - The DENR, in
coordination with the DA, NIA, LGUs, and other government agencies, including
government-owned and-controlled corporations, shall update information on
location and condition of existing and proclaimed watersheds. The DENR shall
further identify potential watershed areas and delineate critical watershed and
sub-watershed areas that need to be protected, rehabilitated, enhanced, and/or
withdrawn from inappropriate and unsustainable uses that contribute to their
further degradation.

SEC. 32, Formulation and Implementation of Integrated Watershed
Management Plans. - The Watershed Management Planning Team or Watershed
Management Council, composed of the DENR, the LGUs and other NGAs and
stakeholders concerned shall prepare their integrated watershed management plans
(IWMP), which shall be the basis for the formulation of LGUs’ CLUPs, DRR/CCA
plans, and ADSDPPs. The formulation of the IWMP shall be guided, among others,
by the principles of sustainable management and watershed and ecosystem
management.

In cases where a particular watershed straddles two or more regions, the
region which covers the largest portion shall lead in the preparation of the IWMP.

The DENR, LGUs, NGAs and major stakeholders concerned shall jointly
implement the integrated watershed management plan subject to regular

23


consultations with and involvement of the local communities and other
stakeholders.

SEC. 33. Establishment and Management of National Parks. - All areas
proclaimed by the President and Congress under the NIPAS pursuant to RA 7586 as
amended by RA 11038 including those identified initial component of the NIPAS,
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/national parks shall be in accordance with the provisions of
RA 7586 as amended by RA 11038 and other laws establishing or declaring a specific
area as permanent component of the NIPAS.

Article 2
Coastal Zones, Marine Resources and Waterways Easements

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

a. Areas vegetated with mangrove species shall be preserved for mangrove
production and shall not be converted to other uses. Violation of this
provision shall be subject to the penalties imposed under Sec. 99 of RA
10654 amending RA 8550 otherwise known as the Philippine Fisheries
Code of 1998;

b. Subject to clearance from the DENR, areas that meet all accepted criteria
on elevation, soil type, soil depth, topography, supply for successful
fishpond development, except mangrove protected areas, shall be utilized
for aquaculture purposes;

c. Areas subclassified as mangrove and still suitable for use as such, or due
to environmental conditions need to be preserved as mangrove, but is
devoid of mangrove stands shall not be converted to other uses and must
be rehabilitated/reforested; intrusion to such areas shall be a ground for
eviction and imposition of appropriate penalties to be prescribed by the
DENR. Violation of this provision shall be subject to the penalties imposed
under Sec. 99 of RA 10654 amending RA 8550;

d. Subject to DENR guidelines, areas accessible to the sea and identified for
fisherfolk settlement and housing shall be allocated to traditional
fisherfolks who are inhabitants of the coastal communities and members
of legitimate fisherfolk organizations and/or holders of stewardship lease
contracts or titles to ancestral domains or any form of property right
arrangements who participate in coastal resource management initiatives,
subject to the provisions under Article 51 of PD 1067;

24


e. Consistent with the DENR guidelines, 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 fishers;

f. Areas which are considered as traditional fishing grounds shall be used
primarily for such purpose, provided, that such practice will not defeat the
purpose of establishing marine protected areas;

g. In compliance to the DENR guidelines, foreshore areas which have been
allocated for small infrastructure needed by fisherfolks shall be allowed:
Provided, that such undertaking will not result in environmental
degradation; and

h. With primary environmental consideration, areas which form part of
foreshore lands as defined in this Act including those that are under lease
agreements or arrangements shall be zoned according to its designated use
and evaluated to determine their boundaries and actual sizes.

SEC. 35. Coastal Land Zone Subclassification. - All public lands in the
coastal

zones shall be subclassified into any of the following: fishponds, mangroves,
protection from tidal surge, for preservation of biodiversity, habitats and sanctuaries
for endangered wildlife, fisherfolk settlement, or recreational/tourism areas. No
subclassification of coastal zones to different uses shall be done without the
following:

a. Conduct of a comprehensive resource and environmental assessment by
the DENR and respective LGUs and accredited non-government
organizations (NGOs) and private organizations (POs) within their
jurisdiction; and

b. Prior consultation with local Fisheries and Aquatic Resource Management
Councils formed under RA 8550.

SEC. 36. Zoning of Foreshore Areas. - LGUs, with the technical assistance
from
the DENR, shall conduct zoning of their respective foreshore areas to assist
government and community fishers identify priority areas for conservation and
development, and to enable them to set targets for mangrove reforestation and
rehabilitation. Zoning of foreshore areas shall take into consideration ancestral
domains that include ancestral waters.

SEC. 37. Marine Resources. - The exploration, development and use of marine
resources in Philippine waters shall be reserved exclusively to Filipinos.
Management of these resources shall be in accordance with existing relevant laws
including, but not limited to the PD 1067, RA 8550 as amended by RA 10654, and RA
7586 as amended by RA 11038, and RA 8435. To promote harmony in management of

25


land, coastal and marine resources, CLUPs of coastal LGUs will incorporate
Integrated Coastal Management of their municipal waters.

SEC. 38. Protection of Waterways Easements and Flood Plains. - Structures
of any kind shall not be built in waterways easements. The banks of rivers and
streams and the shores of the seas and lakes throughout their entire length and
within a zone of 10 meters in urban areas, 20 meters in agricultural areas and 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 floodplains shall adopt a river basin management approach
in order to come up with integrated flood mitigation interventions. Development
within flood plains and other flood-prone areas must be controlled or, if allowed,
must be so sited, constructed and serviced that life of occupants are not put at risk
and that disruptions during floods are minimal. The identification and
characterization of flood-prone areas and flood plains shall be an integral part of
CLUP preparation. Through the CLUPs and ZOs, LGUs shall establish land use
regulations including the implementation of RA 9003 or the Ecological Solid Waste
Management Act of 2000 to mitigate flood risks.

To promote the best interest and the coordinated protection of flood plains,
the DPWH, in coordination with DOST and DENR, shall declare flood control areas,
as necessary, and prohibit or control activities that could damage or cause
deterioration of lakes and dikes, obstruct the flow of water, change the natural flow
of rivers, increase flood losses or aggravate flood problems pursuant to PD 1067. As
such, any plan. intervention or utilization specified in this Section should be cleared
and issued appropriate permits by the concerned LGU provided herein, including
imposition of penalties against identified violators.

Article 3
Settlements Development

SEC. 39. Town, City, and Settlements Development. - Guided by the
framework for land use planning in Chapter IV of this Act and the National Urban
Development and Housing Framework, the CLUPs and ZOs shall direct the physical
development of settlement areas towards the overall goal of economic development
and inclusive growth while maintaining environmental integrity.

SEC. 40. Network of Settlements. - The framework and policies for the
development of network of settlements shall be provided by the National Physical
Framework Plan formulated by the NLUC. Individual settlements shall be planned
as part of a national network of settlements. The network shall be based on existing
and potential settlements; production activities, particularly those that involve
highly competitive industries and services and generate local employment;
environmental constraints and sustainability considerations. Individual cities and
municipalities shall be integrated through transportation and other infrastructure
support facilities.

26


SEC. 41. Criteria for Settlement Sites. - The following shall be the criteria for
identifying settlement areas:

a. Within A&D lands but not in environmentally- critical, hazard-prone or
other protection areas;

b. Along established urban growth directions;
c. Are already or can be provided with basic services and utilities;

d. Ideally within the 0-8% slope range, but with mitigating measures from
slope 9-17%;

e. Reasonably accessible from existing built-up areas and other employment
centers through existing or proposed roads and other transportation
facilities.

f. Identified ICCs/IPs settlement areas shall be located within ancestral
domains based on the ADSDPP.

Hazard-prone (or high-risk) areas shall be defined, delineated and mapped by
the DENR and other the mandated government agencies. As such, new settlements
within high-risk areas shall not be allowed. In cases where there are existing
settlements within geo-hazard areas and/or high-risk areas, mitigating and/or
protective measures shall be adopted to address the potential danger or risk to lives
and property within such settlements. In coordination with the concerned agencies
of the government, the NLUC, through the RLUPC and PLUPC, shall provide
assistance to concerned LGUs and settlers in instituting safety and corrective
measures to address the potential danger or risk. New developments within
geo-hazard areas shall be required to submit an Environmental Compliance
Certificate (ECC) and Engineering Geological and Geo-hazard Assessment Report
(EGGAR) consistent with the Revised Procedural Manual for DENR Administrative
Order (DAO) No. 2003-30 or the Implementing Rules and Regulations of PD 1586
establishing an Environmental Impact Statement System and DAO No. 2000-28 or
the “Implementing Guidelines on Engineering Geological and Geohazard
Assessment as Additional Requirement for ECC Applications covering Subdivision.
Housing and other Land Development and Infrastructure Projects."

SEC. 42. Sustainable Communities, - Each city/municipality or cluster of
cities/municipalities, as appropriate, shall seek to follow the basic features of
sustainable communities, as guided by the National Urban Development and
Housing Framework: transit-oriented, pedestrian-biased, and multiple use, with
systems and practices that promote water use efficiency (including water harvesting.
and recycling), energy efficiency, waste segregation, recycling, and adequate
community facilities, Cities and municipalities or clusters thereof shall identify,
designate and allocate areas within their territorial jurisdiction to serve as waste
disposal site following the provisions of RA 9003 or the Ecological Solid Waste
Management Act of 2000.

7


SEC. 43. Socialized Housing Zones. - In accordance with the UDHA, each
city/municipality shall designate and delineate adequate land for housing or
residential purposes, including socialized housing and resettlement areas, for the
immediate and future needs of the local population as well as those identified as
settlers on high-risk areas, underprivileged and homeless within their jurisdiction.
The designated and delineated sites for socialized housing, which may include
patrimonial properties, shall be zoned as socialized housing areas in the city's or
municipality's ZO, pursuant to existing laws and regulations. The State shall
encourage on-site development and shall consider accessibility of affected
community to employment, economic activities and social services. Socialized
housing and resettlement areas identified and delineated by the city or municipality
shall be registered with the DHSUD.

SEC. 44, Urban Forest or Green Space. - Each city or highly urbanizing
municipality shall identify, designate, and allocate lands owned by the barangay, city
or municipality as urban forest or green space based on guidelines and standards to
be formulated by DHSUD and adopted by the NLUC.

Article 4
Agricultural Lands

SEC. 45. Priority Areas for Agricultural Development. - Priority areas for
agricultural development are those covered by the Comprehensive Agrarian Reform
Program (CARP) and the SAFDZ as defined in Section 4 of this Act.

SEC. 46. Conversion of Agricultural Lands. - Agricultural lands are deemed
converted to non-agricultural uses upon approval by the DAR of the application for
conversion or the issuance of an Exemption Clearance, if the land is reclassified as
commercial, industrial or residential prior to June 15, 1988. Prime agricultural lands
‘or SAFDZs which are necessary for attaining food security in rice and corn and other
basic commodities, as determined by the DA, subject to mandatory public
hearings/consultations with the LGUs and endorsement by PLUPCs, the private
sector, the NGOs and POs shall be protected from conversion. Provided, that all
irrigated and irrigable lands, all lands developed or possessing the potential for
development of high value crops, and all agricultural lands that are ecologically
fragile and whose conversion will result in serious environmental problems cannot
be converted, the areas under which are subject to review every 6-8 years by the DA,
with mandatory public hearings/consultations. Provided further that in line with
the principle that balances food security with the economic efficiency of higher
density uses, land use conversion may be allowed when the land, as determined by
the DA, ceases to be economically feasible and sound for agricultural purposes, or
when the locality has become urbanized and the land will have a greater economic
value for residential, commercial or industrial purposes except those not subject to
conversion as defined in this Section.

SEC. 47. Reclassification of Agricultural Lands. - Consistent with the LGC,
LGUs may reclassify agricultural lands to non-agricultural uses. Reclassification

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shall only be done during the preparation or updating of the CLUP and shall be
reflected in the plan. Reclassification in excess of the limits set by the LGC shall be
approved by the NLUC. Provided, that the reclassification limits shall be based on
the total area of lands zoned as agricultural at the time of updating of the CLUP.
However, the DA shall first certify that agricultural lands to be reclassified into
non-agricultural uses are eligible for reclassification in accordance with the
preceding Section. Further, reclassified lands are deemed converted only upon
approval of the DAR as provided in Section 45 of this Act.

Article 5
Mineral Lands

SEC. 48. Criteria for the Utilization and Allocation of Land for Mining
Purposes. - Consistent with Section 5 of this Act and the provisions of RA 7942 or the
Mining Act of 1995, subject to FPIC of ICCs/IPs, and to ensure that the objectives of
maintaining ecological balance and maximizing economic returns to mining
operations are realized, the utilization and allocation of lands for mining purposes
shall be guided by the following:

a. The principles of sustainable development and responsible mining;

b. In case of small-scale mining, adequate and acceptable safeguards shall be
instituted by the holders of mining rights or permits to prevent
environmental degradation of the mining sites and adjacent areas
pursuant to RA 7076 or the People's Small-Scale Mining Act of 1991; - No
small-scale mining shall be undertaken outside a declared Minahang
Bayan and no entity shall engage in small-scale mining without a
corresponding mining contract, pursuant to RA 7076;

c. Mineral reservations which have become non-operational for at least 10
years as determined by the MGB shall be placed under appropriate surface
management by the DENR or under the control and management of
IPs/CCs for those under ancestral domain areas; and

. Consistent with the Mining Act of 1995, areas closed to mining operations
shall be periodically reviewed through mineral exploration to be
undertaken by the MGB for the purpose of determining whether or not
their continued closure is consistent with the national interest and, if
warranted, recommend their reclassification as mineral lands or ancestral
domain subject to RA 8371.

e. In addition to areas indicated in RA 7942, applications for mineral,
contracts, concessions and agreements shall not be allowed by in NIPAS
areas, prime agricultural lands and lands covered by CARP, tourism
development areas, and critical ecosystems as determined by the DENR.

SEC. 49. Reversion of Mineral Lands. - All mineral lands with exhausted
mineral resources, as determined by the MGB upon the approval of the DENR, shall

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revert original land classification, that is, as forestland, agricultural land, or ancestral
domain and shall be turned over to the concerned agency. Provided that the private
entity/organization that undertook mining activities shall be responsible for the
rehabilitation of the mineral lands consistent with RA 7942. In the case of
forestlands, the DENR may classify such areas for other purposes in consultation
with concerned LGUs, the DOT, and other national government agencies.

Article 6
Energy Resource Lands

SEC. 50. Guidelines for the Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution
Purposes. - To ensure that the objectives of maintaining ecological balance and
maximizing the power potential from indigenous energy resources in the most
economical and environmentally-acceptable means are realized, the allocation and
utilization of lands for said purposes shall be guided by the following, consistent
with existing regulations and laws on energy resources:

a. Indigenous energy resource exploration and development for the purpose
of a national energy resource inventory and database as well as energy
resource block map shall be allowed subject to the implementation of
complementary watershed and other land management plans;

b. 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 ECC, as applicable, prior to project implementation
to ensure adequate and appropriate environmental management measures
and optimum methods for resource access and recovery are utilized; and

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

SEC. 51. Reversion of Energy Resource Lands. - All exhausted indigenous
energy resource lands, as determined by the DOE, not covered by proclamations
shall automatically revert to its original land classification, that is, as forestlands or
agricultural lands, or ancestral domains, and shall be turned over to the concerned
agency. Exhausted energy resource lands shalll 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 7
Industrial Development Areas

SEC. 52. Criteria for Designating Industrial Development Areas. - Industrial
development areas shail be integrated into the national network of settlements

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defined by the NPFP, given that industrial areas are major centers of employment
and therefore require residential and other community services and facilities.
Regardless of their location, industrial areas shall be linked to large cities and other
settlements which serve as market and service centers of industries.

The identification and establishment of industrial development areas shall
conform to the provisions of RA 7916, otherwise known as the Philippine Economic
Zone Act; RA 6657 as amended by RA 9700, RA 8371 or the IPRA, RA 7279 or the
UDHA, RA 8345 or AFMA, taking into consideration that those industrial areas
shall, to the extent possible:

a. Be based on economic activities where host communities have existing or
potential industrial advantages (e.g, labor skills, resource inputs,
marketing or distribution advantages);

b. Maximize opportunities for local employment;

c. Provide for or link to a mix of other land uses with support activities and
services such as residential, educational, transportation and other social
services; and

d. Consider the areas carrying capacity and respect identified SAFDZ
pursuant to the AFMA, environmentally-critical, geo-hazard and other
protected areas.

Locational guidelines for Industrial Development Areas shall be promulgated
by the DHSUD, in coordination with concerned agencies. The designated industrial
development areas shall become an integral part of the CLUP and ZO of the city or
municipality where these areas are located.

Article 8
‘Tourism and Heritage Areas

SEC. 53. Tourism Enterprise Zones (TEZs). - The Tourism Infrastructure and
Enterprise Zone Authority (TIEZA) shall designate TEZs, upon concurrence of the
LGU or private entity or joint ventures between the public and the private sectors,
subject to the provisions of RA 9593 or Tourism Act of 2009 and requirements set by
the TIEZA.

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

The designated TEZs shall become an integral part of the CLUP and ZO of the
city or municipality where these areas are located.

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SEC. 54. Identification and Declaration of Areas for Protection, Conservation
and Preservation of Cultural Heritage. - Pursuant to RA 10066, the National
Historical Institute and/or the National Museum in consultation with the National
Council for Culture and the Arts, NCIP, DHSUD, other concerned agencies and
LGUs shall designate heritage zones to protect the historical and cultural integrity of
a geographical area. Proposed developments adjacent to the declared local, national
and world heritage site shall not obstruct or diminish the character of the heritage
site.

Article 9
‘Transportation and Other Infrastructure Development

SEC. 55. Strategic Transport Network. - The national government, through
the Department of Transportation, shall establish a strategic and sustainable
multimodal transport network that provides connectivity within the national
network of settlements. Such connectivity shall include linkages among existing and
proposed priority urban centers, rural areas, production hubs and tourism zones,
distribution centers and markets, and key international points of entry. It shall be
developed to promote network efficiency and social service delivery, to catalyze
areas identified critical for economic growth, while minimizing negative impacts to
environmentally-critical and protected areas.

The national network of settlements, as defined in the NPFP, shall guide the
development of a multi-modal transportation network. The network shall be
designed and implemented to provide seamless connectivity among, the various
modes of transportation. The RPFPs, PDPFPs and city/municipal CLUPs shall focus
on the transportation network that corresponds to their respective jurisdictions
(internal integration) while maintaining consistency with the overall national
networks (external linkages).

SEC. 56. Allocation and Use of Land for Infrastructure Development. - Land,
whether public or private, shall be allocated and utilized for priority transportation
and other infrastructure projects such as communication facilities, power lines, and
water pipes. Lands dedicated to right-of-way for government facilities either
established by statutes, or acquisition shall be devoted to public use. Once
implemented or defined in the physical framework and land use plans, existing and
proposed government infrastructure rights-of-way shall be protected from
incompatible uses, such as informal settlements, barangay hall, outposts, waiting
sheds and other obstructions, by national and local governments concerned.

SEC. 57. Transportation and other Infrastructure Facilities and Utilities
Within Geo-hazard Areas. - Construction of new infrastructure facilities within
geo-hazard areas shall be allowed: Provided, That mitigating and/or preventive
measures are adopted to address the potential adverse economic, socio-cultural, and
environmental impacts that will emanate from these infrastructure facilities, subject
to the findings and recommendations contained in the ECC as a result of the
environmental impact assessment/statement and EGGAR prepared in accordance
with DAO 2003-30 and DAO 2000-28 and other applicable laws.

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Existing facilities that did not go through the process of an environmental
impact assessment and pose threats to the environment, integrity of historic,
archeological, or scientifically significant areas; or are impinging on critical
ecosystems, may be terminated immediately, or gradually phased-out and relocated,
or maintained up to their life span, subject, however, to mitigating measures:
Provided, That the rules on mandatory public consultations and just and humane
eviction or demolition 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 VIL
TRAINING, EDUCATION, AND VALUE FORMATION

SEC. 58. Value Formation. - In order to create a well-informed, responsible
and

committed citizenry who values the protection, conservation, management 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 as well as
technical and vocational education programs.

SEC. 59. Information and Education Campaign. - The NLUC shall undertake
a
nationwide education information campaign in land use and physical planning to be
implemented by local and national government agencies. Concerned agencies shall
formulate and implement a land use management capability-building program for
national and local government officials, community leaders, NGOs, POs, religious
sector, and the general public.

CHAPTER VIII
SANCTIONS AND PENALTIES

SEC. 60. Failure to Formulate, Enforce, and/or Implement the CLUPs. -
Within

three (3) years after the effectivity of this Act, all LGUs shall complete the
formulation of their CLUPs. Failure to formulate, enforce and/or implement the
CLUPs shall be subject to the penalties and sanctions to be imposed by the DHSUD
pursuant to RA 11201 and its Implementing Rules and Regulations.

SEC. 61. Causing Irrigated Agricultural Lands to be Idle. - Any person or
juridical entity who shall cause any irrigated lands whether contiguous for not,
within the protected areas for agricultural development, to lie idle and unproductive
for a period exceeding one (1) year, unless due to force majeure, shall be subject to an
idle land tax equivalent to five percent (5%) of the value of the agricultural land as
appearing in its real property tax declaration. In addition, the violator shall be
required to put back such lands to productive agricultural use. Should the continued

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agricultural inactivity, unless due to force majeure, exceed period of two (2) years,
the land shall be subject to escheat proceedings.

SEC. 62. Illegal or Premature Conversion of Agricultural Lands. - Any person
found guilty of premature or illegal conversion shall be penalized with
imprisonment of one month to three years, or a fine of five to ten percent (5-10%), or
of the assessed value of the property, or both, at the discretion of the court, and an
accessory penalty of forfeiture of the land and any improvement thereon.

SEC. 63. Non-Commencement and Non-Completion of Development of
Agricultural Lands with Approved Order of Conversion. - A landowner and his/her
designated developer or duly authorized representative who fails to commence
development after two (2) years or complete development after five (5) years from
the issuance of the Conversion Order shall be penalized with revocation of
Conversion Order and forfeiture of cash bond.

SEC. 64. Change of use from the Previously Authorized Conversion Order. -
The landowner and future landowner(s) of the property approved for conversion
shall not change its use to another use not authorized under the Conversion Order
without prior consent from the DAR. This prohibition extends to changes in housing
standards, changes in selling schemes, changes from social housing to open market
housing or vice-versa, and all other similar changes. Violation of which shall be
penalized with revocation of Conversion Order and forfeiture of cash bond.

SEC. 65. Payment of Disturbance Compensation. - Payment of disturbance
compensation shall be provided to those working on the land affected by
agricultural land use conversion.

SEC. 66. Setting of Fines. - The amount of fines for all violations under this
Act shall be determined by the NLUC.

CHAPTER IX
TRANSITORY AND FINAL PROVISIONS

SEC. 67. Convening of the NLUC. - Within thirty (30) days from the effectivity
of this Act, the NLUC shall be convened by the Secretary of NEDA as the Council
Chair.

SEC. 68. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the NLUC shall promulgate the rules and regulations to
implement the provisions of this Act. The said rules and regulations shall be
submitted to the Congressional Oversight Committee for approval upon compliance
with publication requirements.

SEC. 69. Congressional Oversight Committee on the Land Use Act. - There is
hereby created a Congressional Oversight Committee composed of seven (7)


members each from the Senate and House of Representatives to be appointed by the
Senate President and the House Speaker.

The Oversight Committee shall, in aid of legislation, review the
implementation of this Act, especially the applicability of the sanctions and
penalties, at least once in every 6 years and as often as it may deem necessary.

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

SEC. 70. Appropriations. - The appropriations for the National Land Use
Committee under NEDA under the current General Appropriations Act (GAA) shall
be used to carry out the initial operations of NLUC. Thereafter, additional sums as
may be necessary for the full implementation of NLUC’s function shall be included
in the annual GAA.

SEC. 71. 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 revised guidelines and standards set forth under this
Section 10 of this Act within three (3) years from the effectivity of this Act.

SEC. 72. Repealing Clause. - All republic acts, executive orders, rules and
regulations, and other issuances, or parts thereof, that are inconsistent with the
provisions of this Republic Act are hereby repealed or modified accordingly.

SEC. 73. Non-impairment Clause. - Nothing in this Act shall be construed as
to diminish, impair, or repeal rights recognized, granted, or available to
marginalized or basic sectors under existing laws including but not limited to RA
Nos. 7076, 7160, 7279, 7586 as amended by RA 11038, 7942, 8371, 8550, and 6657 as
amended by RA 7881 and 9700, RA 9729, and RA 10121.

SEC. 74. Separability Clause. - If for any reason or reasons, any part or
provision of this Act shall be declared or held to be unconstitutional or invalid other
parts or provisions hereof, which are not affected thereby shall continue to be in full
force and effect.

SEC. 75. Effectivity Clause. - This Act shall take effect fifteen (15) days after

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

Approved,

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