REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

Eighteenth Congress
First Regular Session

House Bill No. 9534

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

EXPLANATORY NOTE

This bill seeks to put in place a national land use policy that shall end the current
degradation of the country's land resource, and optimize balanced development. Specifically, it
mandates the standardization of the classification of land use, for the purposes of planning and
implementation, into the following areas: Protection Land Use; Production Land Use; Settlements
Development; and Infrastructure Development. Most importantly, it addresses the long overdue
task of determining and delineating the country's permanent forest line.

The proposed measure also creates the National Land Use Policy Council (NLUPC) as the
highest policy-making body on all matters pertaining to land use and management. It shall be
headed by the Secretary of the National Economic Development Authority (NEDA) who shall be
responsible for all concerns within the ambit of land use and management on national level,
including the issuance of locational clearances for projects of national significance. Additionally, it
determines the scope and nature of responsibilities of national government agencies.

Further, this bill mandates the completion and updating of existing cadastral surveys. A
National Spatial Database Information and Mapping System will also be created with a National
Spatial Database Information and Mapping Inter-Agency Mapping Support System headed by the
National Mapping and Resource Information Authority (NAMRIA). It also mandates the
institutionalization of land use and physical planning as a mechanism for identifying, determining,
and evaluating appropriate land use and allocation patterns that promote and ensure the
maintenance and preservation of environmental integrity and stability; sustainable and just
management and utilization of natural resources; disaster risk reduction and climate risk-based
planning; and protection of prime agricultural lands for food security in basic food commodities with
emphasis on self-sufficiency in rice and corn through efficient and sustainable use of land
resources consistent with the principles of sound agricultural development, natural resources
development, and agrarian reform, among others.

In view of the foregoing considerations, approval of this bill is earnestly sought.

t INZALES, JR.
34 Districf Pampanga


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

House Bill No.

5334

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

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

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

CHAPTER |
INTRODUCTORY PROVISIONS

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

Sec. 2. Declaration of Policies and Principles. - It is the policy of the State to:

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

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

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

Strengthen the capacity of the local government units (LGU) to manage and
maintain ecological balance within their territorial jurisdiction, in partnership with the

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d)


national government in accordance with the Philippine Constitution and Republic
Act No. 7160 or the Local Government Code of 1991

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

4) Maintenance and preservation of environmental integrity and stability;

2) Sustainability and just management and utilization of natural resources;

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

4) Protection of prime agricultural lands for food security with emphasis on self-

sufficiency through efficient and sustainable use of land resources consistent with

the principles of sound agricultural development, natural resources development,
and agrarian reform;

Protection and conservation of the country's natural heritage, permanent forest

lands, natural forests, critical watersheds and key biodiversity areas to ensure

adequate forest cover to maintain ecological processes in the country;

6) Sustainable development and management of water resources;

7) Settlements, transportation and other infrastructure development in support of

inclusive grwoth and rural, urban and regional development;

Improved access to affordable housing by increasing the supply thereof through

direct allocation, better access to underutilized lands, and increased production of

multiple use and higher density, where appropriate;

9) Respect for and protection of traditional resource right of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs to their ancestral domains; compliance
with free and prior informed consent of ICCs/Ips, and recognition of customarylaws
and traditional resource use and management knowledge, and practices in
ancestral domains;

10)Equitable access to land through State intervention that guarantees its affordability
to the basic disadvantaged sectors defined under RA 8425 or the Social Reform
and Poverty Alleviation Act sectors;

41)Energy scrutiny or energy self-sufficiency;

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

13)Meaningful participation of the basic sectors.

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

Sec. 4. Definition of Terms. As used in this Act:

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



b) Agricultural Land Use Conversion refers to the undertaking of any development

activity which modifies or alters the physical characteristics of agricultural lands to

render them suitable for non-agricultural purposes under an approved order of
conversion issued by the appropriate government agency;

Alienable and Disposable Lands of the Public Domain refer to lands of the public

domain which have been delineated, classified, and certified as such and available

for disposition under Commonwealth Act No. 141 otherwise known as the Public

Land Act, as amended;

d) Ancestral Domains refer to all areas generally belonging to indigenous cultural

communities/indigenous peoples as defined in RA 8371, otherwise known as the

Indigenous Peoples Right 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;

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

g) 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 extend may include areas within
a landward limit of one (1) kilometer from the shoreline at high tide to include
mangrove swamps, brackish water ponds, nipa swamps, estuary rivers, sandy
beaches and other areas within a seaward limit of two hundred (200) meters
isobath to include coral reefs, algal flats, sea grass beds, and other soft-bottom
areas;

h) Comprehensive Land Use Plan (CLUP) refers to a document embodying a set of
policies, accompanied by maps and similar illustrations that serve as a policy guide
for determining the future use of lands and natural resources within the territorial
jurisdiction of the LGUs. It represents the community-based pattern of population
distribution and proposes future allocation of land and resources to various
activities. It includes the processes and criteria employed in such determination of
allocation of land and resources. It is a plan for the long-term management of the
local territory covering a period of minimum of ten (10) years, reviewable not earlier
than every five (5) years based on the four (4) categories of land use planning
provided in Section 6 of this Act.
Comprehensive land Use Planning refers to the act of defining the allocation,
utilization, development, and management of all lands within a given territory or
jurisdiction according to the inherent characteristics of the land itself and supportive
of sustainable, economic, demographic, socio-cultural and environmental objectives
as an aid to decision-making and legislation;
Critical Watershed refers to watersheds of forest lands that have been identified
and evaluated to provide critical and vital natural, ecological, environmental and
physical beneficial services such as water, biodiversity, energy, irrigation, social and
cultural, among others to a specific area or community and whose biophysical
condition demands immediate rehabilitation, protection and management to prevent
its further denudation, deterioration and exploitation;

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

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

m) Danger Zones refer to areas with high level of threat to the lives and well-being of
people that cannot be addressed through scientific, physical and engineering
methods, and are therefore not suitable for settlement and permanent structures.
Areas can only be declared as Danger Zones after proper technical studies and
public consultations with affected families are conducted;
Development Plan refers to a document that defines the activities and measures
that the national government or LGUs intend to implement over a specified period of
time in order to achieve the defined set of development goals identified in the
national or local physical framework plans. It integrates socio-economic, financial,
fiscal, legal and legislative institutional and sectoral plans of the national
government or any of its instrumentalities or a particular LGU, consistent with the
objectives identified in spatial plans such as land use plans or physical framework
plans. It may include an analysis of problems and resources, definition of goals and
objectives, policy guidelines, project and target achievements, and an
implementation mechanism which defines the roles and contributions expected from
the government and the private sector;
©) Disaster-prone Areas or Geo-hazard Areas refer to areas frequented by and/or
vulnerable to experience weather, climatic, hydrologic, geologic, and other natural
disturbances or calamities
Disaster Risk Reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the casual factors of disasters,
including reduced exposure to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and improved
preparedness for adverse events;
Ecologically-fragile Lands refer to lands within critical watersheds, brackish and
freshwater wetlands, pasture lands, inland rivers and waterways, coastal and
settlement areas, and croplands which require rehabilitation, protection and whose
continued unsustainable use would result in physical risks and threats to life and
property, public health and safety, as well as adversely affect the productivity of
lowland agricultural areas and stability of the upland system;

Ecotourism refers to a form of sustainable tourism within a natural and/or cultural

heritage areas where community participation, protection and management of

natural resources, culture and indigenous knowledge and practices, environmental
education and ethics, as well as economic benefits are fostered and pursued for the
environment of host community and satisfaction of visitors;

s) Energy Resources refer to surface or subsurface substances that serve as energy

sources. These are traditionally mineral fuel deposits such as coal, petroleum,

natural gas or renewable resources from geothermal, hydro reservoir, or non-
conventional sources including ocean waves, solar, wind, biomass, and other
similar resources which serve the same purpose;

Energy Resource Lands refer to lands where naturally occurring or indigenous

energy resources exist in sufficient quantity and/or quality as to be economically

viable for exploration, development, production, utilization, and distribution
purposes;

u) Environmentally Critical Areas refer to areas by law as (i) areas for natural parks,
watershed reserves, and sanctuaries, (ii) areas set aside for aesthetic and visual
value, (iii) areas that constitute the habitat for any endangered for threatened
species of indigenous Philippine wildlife both flora and fauna, (iv) areas of unique
historic, archaeological, or scientific interests; (v) areas that are traditionally

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occupied by ICCs/Ips: (vi) areas with critical slopes; (vii) areas frequented and/or
hard hit by natural calamities such as but not limited to geological hazards, floods,
typhoons and volcanic activities; (viii) recharge areas of aquifers; (ix) mangrove
areas; (x) coral reefs; (xi) mossy and virgin forests; (xii) rivers and riverbanks; (xiii)
swamp, forests and marshlands; (xiv) foreshore lands; (xv) protected areas
pursuant to RA 7586 or the NIPAS Act of 1992; and (xvi) areas set aside as
aesthetic potential tourist spots. This term shall also include other terrestrial,
aquatic and marine areas that need special protection and conservation measures
because they are ecologically fragile or they are needed for food security and food
self-sufficiency as determined by concerned agencies and LGUs in consultation
with the concerned stakeholders;

Exhausted Mineral Resources refer to a situation where the mineral resources in

specific sites are no longer in sufficient quantity or quality to justify additional

expenditure for extraction or utilization;

w) Flood Plain refers to the portion of a river valley adjacent to a river channel which is

covered with water when the river overflows its banks at flood stages, and which

usually consists of silt deposited by the stream;

Flood-prone Areas refer to low lying areas usually adjacent to large or active water

bodies and which therefore experience regular or seasonal inundation as a result of

changes in the mean water level of these bodies or because of land reclamation
and other artificial interference with the natural processes;

Food Security refers to the policy objective of meeting the requirements for food

availability, accessibility, and affordability requirements of the present and future

generations of Filipinos in a sustainable manner, though local production or
importation in cased of shortage based on a micro level situation, or both, and
taking into account the country's existing and potential resource endowments and

Telated production advantages, and consistent with the overall national

development objectives and policies;

Food Self-Sufficiency refers to the policy objective of meeting the food requirements

through intensive local food production in a sustainable manner based on the

country’s existing and potential resources and related production advantages;

aa)Foreshore Land refer to a string of land margining a body of water, the part of a
seashore between the low-water line usually at the seaward margin of a low tide
terrace and the upper limit of wave wash of high tide often marked by a beach scarp
or bam.

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

cc)Forest lands refer to one pf the four classifications of land under the constitution
under the public domain classified and/or determined as suitable for forest purposes
not classified as mineral land, National park classified agricultural land. These
include all permanent forest, forest reserves, forest reservations, and all the
remaining unclassified lands of the public domain;

dd) Forest Land Use Plan (FLUP) refers to the allocation of forest lands into their
appropriate uses consistent with existing biophysical conditions such as
topography, soil type, land use, climate, water sources and socioeconomic, cultural
and political realities, Forest land use planning should be able to delineate
protection and production forests;

ee)Forest Land Sub-classification refers to the process of determining the most
appropriate and sustainable use of forest lands primarily as protection forest and
production forest. They may be further sub-classified as grazing/pasture land.

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Recreational areas and other uses taking into account ecological, social and
economic consideration;
ff) Free, Prior and informed Consent (FPIC) refers to the consensus of all members of
the ICCs/IPs to the determined in accordance with their respective customary laws
and practices, free from any external manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope of the activity in a language and
process understandable to the community;
gg) Geo-hazards refer to nature and human-induced geological processes that
have potential to cause destruction and which pose a threat or risk to a person's life
and property. These may include but are not limited to ground, water and weather-
related conditions, volcanic and earthquake induced hazards such as ground
shaking, ground rupture, earthquake-induced landslides, liquefaction and tsunami
hh) Indigenous Cultural Communities/Indigenous People (ICCs/IPs) refer to
groups of people or homogeneous societies identified by self-ascription and
ascription by other, who have continuously lived as organized community on
communally bounded and defined territory and who have under claims of ownership
since time immemorial, occupied, possessed and utilized such territories sharing
common bonds of language customs, traditions and other distinctive cultural traits,
or who have through resistance to political, social and cultural threads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos ICCs/IPs shall likewise include peoples
who are regarded as indigenous on account of their descent from the populations
which inhabited the country at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the establishment of present
State boundaries, who retain some or all of their own social, economic, cultural and
political institutions, but who may have been displaced from their traditional
domains, or who may have resettled outside their ancestral domains;
Inland Waters refer to waters, which are not coastal and marine waters and not
subject to acquisitive prescription consistent with the provisions of Presidential
Decree No. 1067 or the Water Code of the Philippines;
Integrated Watershed Management refers to a planning strategy or program for
watershed areas that complement environmentally-sound soil and water
management practices with mechanisms for ensuring greater responsibility,
involvement, or participation of individuals, groups, communities and other
stakeholders benefiting from these areas and water-related infrastructure;
kk)Key Biodiversity Areas (KBAs) refer to present the most important sites for
biodiversity conversation worldwide. These are places of international importance
for the conservation of biodiversity through protected areas and other governance
mechanisms. They are identified nationally using sample, standard criteria, based
on their importance in maintaining species populations,
Il) Land refers to resources, both artificial and natural, found on the surface, below,
and above the ground including inland waters and the air therein;
mm) Land Sub-Classification refers to the act of determining and assigning
specific uses of classified lands such as forest lands, classified agricultural lands,
mineral lands and national parks in accordance with existing laws and this Act;

il

nn) Land Use refers for the manner of allocation, utilization, management and
development of land.
00) Land Use Classification refers to the act of delineating or allocating lands

according to protection land use, production land use, settlements development and
infrastructure development as defined and provided for this Act;

Pp) Mandatory Public Hearings/Consultations refer to the mechanism to ensure
the involvement of concerned stakeholders and communities in land use planning,


from the barangay to the national level, to ensure the social acceptability of the
plane. It should involve giving notice of hearing/consultation to concerned
stakeholders through publication or posting in conspicuous places, conduct of a
reasonable number of hearings and solicitation of positions to arrive at a
consensus. Public presentation and validation of the planning results shall be
undertaken before the final adoption of the plans.

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

rr) Mineral Exploration refers to the systematic searching or prospecting for mineral
resources including energy resources;

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

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

uu) Municipal Waters refers to not only streams, lakes inland bodies and water
and tidal waters which the municipality which are not included within the protected
areas as defined under Republic Act No. 7586 of the National Integrated Protected
Areas System or the NIPAS Act of 1992, public forest, timber lands, forest reserves
or fishery reserves, but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the boundary lines of the
municipality touch the sea at.low tide and a third line parallel with the general
coastline including offshore islands and fifteen (15) kilometers from such coastline.
Where the territory of a municipality includes several islands, the outermost points
of such islands shall be used as base points and connected by archipelagic
baselines, irrespective of the lengths of such baselines from the main coastlines.
Where two (2) municipalities are situated on opposite shores that there is less than
thirty (30) kilometers of marine waters between them, the third line shall be equally
distant from opposite shore of the respective municipalities;

wv) 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 system to preserve genetic diversity to ensure
sustainable use of resources found and to maintain their natural conditions to the
greatest extent possible;

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

xx)National Park refers to forest reservation essentially 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 should also refer to lands and waters of the public domain classified as
‘such in the 1987. Constitution which include all areas under the NIPAS PURSUANT
TO Republic Act No. 7586 of the NIPAS Act of 1992, primarily designated for the


conservation of native plants and animals and associated habitats and cultural
diversity;

yy)Network of Protected Areas for Agriculture and AGRO-INDUSTRIAL Development
(NPAAAD) refers to agricultural areas identified by the Department of Agriculture
(DA) THROUGH THE Bureau of Soils and Water Management (BSWM) in
coordination with the National Mapping and Resource Information Authority
(NAMRIA) in order to ensure the efficient utilization of land for agriculture and agro-
industrial development and to promote sustainable growth. The NPAAAD covers all
irrigated areas; all irrigable lands already covered by irrigations

zz) Permanent Forest or Forest Reserves refer to lands of the private or public domain
which have been identified and determined to be needed for protection,
conservation, preservation and management as forest and shall be reserved.
Conserved and protected into perpetuity for such purpose;

aaa) Permanent Forestlands refer forestland, within public lands, that have been
identified, determined and demarcated on the ground by the state to serve such
purpose and shall be protected, conserved, preserved, maintained and managed as
forestlands free from any form of utilization. Exploitation or development, and
teserved permanently as such for the benefit and use of future generations;

bbb) Physical Framework Plans refer to the national, regional or provisional
indicative plans that outline the over-all and macro level physical development
objectives, priorities, directions and strategies in its respective levels as prepared,
reviewed, integrated and finalized by the national, regional and provincial land use
councils/boards, respectively, based on the Comprehensive Land Use Plans
(CLUPs) of the LGUs and the national policy guidelines relating to land use and
environment management to prevent or mitigate the adverse effects of
inappropriate resource utilization on food security , the people's welfare, and their
environment;

ccc) Premature or Illegal Conversion refers to any activity that modifies or alters
the physical characteristics of agricultural lands to render them suitable for non-
agricultural purposes without an approved order of conversion from the DAR
Secretary;

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

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

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

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


hhh) Protection Forests refer to forests and forestlands, in both public and private

lands, that have been identified and determined by the State for the beneficial use

present and future generations and shall be preserved, conserve, protected and
maintained as such free from any form of utilization, exploitation or development;

Protection Land Use refers to the use of land primarily reserved for rehabilitation,

conservation, and protection purposes and the promotion of the country's ecological

and life-support systems;

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

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

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

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

nnn) Restoration Zones refers to forest areas where activities are conducted to
restore its forestland state;

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

ppp) _ Settlements refer to communities or built-up environmental areas people
prefer to live in;

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

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

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

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

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



vw) Strategic Agriculture and Fisheries Development Zones (SAFDZs) refer to
areas within the NPAAAD identified for production, agro-processing and marketing
activities to help develop and modernize, with the support of government; the
agriculture and fisheries sectors in an environmentally and socio-culturally sound
manner,

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

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

yyy) Sustainable Traditional Resource Rights refer to the rights of ICCs/IPs to
sustainably use, manage, protect and conserve a) land, air, water, and minerals; b)
plants, animals and other organisms; c) collecting, fishing and hunting grounds; d)
sacred sites, and e) other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge, beliefs, systems and practices;

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

aaaa) Tourism Ecozone refers to tourism development areas, outside protection
lands, which have been granted Special Economic Zone status, through the
Philippine Export Zone Authority (PEZA) registration and issuance of the required
Presidential Proclamation, with its metes and bounds delineated by said
Proclamation, pursuant to Republic Act 7916 or the Special Economic Zone Act of
1995 (SEZA), as amended;

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

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

dddd) Tourist Zone refers to a geographic area with well-defined boundaries
proclaimed as such by the President of the Philippines and/or by Acts of Congress
No development projects for any purpose shall be initiated and or introduced within
the zone prior to the formulation of a tourism master development plan which shall
be undertaken in coordination with the Department of Tourism (DOT) and the
Tourism Infrastructure Enterprise Zone (TIEZA). A Tourist zone is established for
the enhancement and/or conservation of cultural and historical heritage and for the
appreciation and enjoyment of the local population and its visitor;

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



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

9999) Urban Forestry or Green Space refers to the establishment or setting-up of
areas for mini-forest, eco-parks or small nature parks, in both public and private
lands; wetlands, man-made lagoons and lakes system, riverbanks and shores,
grasslands, roof and rock gardens, lining roads and highways with trees, shrubs, or
ornamental plants, and ground landscaping of schools, hospitals, and other
government agencies in order to improve the environment in urban areas;

hhhh) Water Security refers to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain to a healthy life

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

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

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

Illl)Zoning Ordinance refers to a local passed by the Sangguniang Bayan or
Panglungsod approving the development control/zoning plan in accordance with an
approved or adopted CLUP of the municipality, providing for the regulations and
other conditions of the land uses including the limitation on the infrastructure that
may be placed within the city’s/ municipality's territorial jurisdiction. It incorporates
the protected areas, protected agricultural lands and ancestral lands as provided for
in this Act.

CHAPTER FRAMEWORK FOR LAND USE PLANNING

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

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

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

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

Protection of forest and wetlands from infrastructure development to preserve
the ecological services they provide which are essential to economic

b)

¢)

d)


development. These activities include, but not limited to river channelization and

dredging, large scale irrigation and river diversions which reduce riverine habitat

and alter flood patterns and natural flow regimes downstream water availability
for agriculture an contribute to salinization through saltwater intrusion in coastal
areas.

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

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

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

h) Identification of settlement areas to check the demand for land and establish the

location of employment-generating industries and basic services, and

The availability of natural resources including indigenous energy resources for

energy security and self-sufficiency. However, infrastructure energy projects

such as dams with large reservoirs in natural ecosystems shall not be allowed if
it would interrupt the connectivity of river systems, disrupt fish spawning and
migration, and alter seasonal flood regimes;

e)

Sec. 6. Categories of Land Uses for Planning Purpose. In determining and defining the
national, regional and provincial framework plans, and CLUPs , land uses shall be grouped
into four (4) major functional uses as follows;

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

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

1) Natural and Restored Forest, which consist of;

a) All existing areas within forestland containing primary and
secondary forests of whatever types of species:

b) All existing areas within forestland containing secondary-growth or
residual forest of whatever type or specie;

c) Areas identified as Key Biodiversity Areas;

d) Restoration areas:

e) All mangrove forest;

f) All easement areas as defined by PD 1067, otherwise known as
the Water Code of the Philippines; and


g) All other areas that would be deemed appropriate for protection, as
designated by the Department of Environment and Natural
Resources (DENR); subject to the approval of the National Land
Use Policy Council (NLUPC) created pursuant to Section 55
hereof;

2) Rehabilitated and/or reforested degraded mining areas;
3) Critical ecosystem for protection, such as;

a) Coral reefs;

b) Marshes and wetlands;
c) Lakes and rivers;

d) Caves, and

e) Waterfalls;

4) Disaster-prone areas that include areas subject to, or maybe subject to

Recurrent flooding;

a) Liquefaction;

b) Tsunamis

cc) Storm surges;

d) Polar vortex

e) Mass wasting;

f) Volcanic eruption;

g) Direct impact of seismic activity

h) Other disasters caused by climatic conditions; and

i) Other areas that pose a high degree of hazard to human
occupation and activity;

5) Critical watershed areas;

6) Marine Protected Areas;

7) All prime agricultural lands as defined under this Act;

8) Ecologically fragile and environmentally-critical areas whose conversion will

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

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

significance, which are declared as such by _internationally-recognized

institutions; and

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

9)

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

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


a) Lands whose soils are suitable for agricultural
development;

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

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

d) All crop lands required to attain a certain scale of
production to sustain the economic viability of existing
agro-based industries in the municipality city or province;
and

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

b)

e)

2) Coastal, inland water and Marine Zones, such as fishponds;
3) Production Forests, such as:

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

b) All areas within forestlands considered as rangelands for grazing purposes;

c) All areas within forestlands managed under the community-based forest
management in areas not classified as protection forests.

4) Rangelands for grazing

5) Industrial Development Areas; and

6) Tourism Development Areas, including potential small islands for similar
purposes

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

It shall also include lands identified for institutional uses such as educational,
administrative, government, law enforcement, health care and social services, Settlements
and institutional land uses aim to ensure for the present and future generation the: i)
effective integration of activities within and among settlements, allowing efficient
movement of people and production of commodities through the provisions of appropriate
land, infrastructure, and facilities; and ii) access of the population to housing, education,
health care, recreation, transportation and communication, sanitation, and basic utilities
such as water, power, waste disposal, and other services:

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



Provided, That the determination of the functional uses of lands within ancestral domains
should be consistent with the land use categories provided for in the Act, Provided further,
That other sub-categories of land uses in delineated ancestral domains may be formulated
by the concerned ICCs/IPs themselves in accordance with their particular needs and
traditional resource and management systems.

Sec. 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral domains
shall be formulated by the ICCs/IP themselves in accordance with their particular needs
and traditional resource and management system with the assistance of the NCIP, the
LGUs and civil society organizations (CSOs) concerned. Such plans shall be recognized
and adopted in the barangay, city/municipal, provincial, regional and national physical
framework plans.

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

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

Sec. 8. Adoption of Multiple Uses of Land, The primary and alternative uses of a
specific land resource shall be determined and evaluated by the respective local
land use boards prior to any decision for the assignment of its use. Areas feasible for
sustainable land resource use may be considered multiple-use zones wherein settlements,
tourism, agriculture, agro-forestry and extraction activities and other income-generating, or
livelihood activities may be allowed, except areas under protection land use.

Provided, That multiple uses of land resources shall be in accordance with priorities in land
use allocation identified in the approved physical framework and land use plans wherein
such multiple uses are compatible with the original land use and planning, and that no
reclassification shall be allowed.

Provided, further That, where there are vested rights, titles, and claims prior to the
enactment of this Act over the areas feasible for sustainable land resource use, the same
shall be respected.

CHAPTER III
SPECIAL AREAS OF CONCERN

ARTICLE I
Land Use Classification

Sec. 9. Review of Land Use Classification. The NLUPC shall review and assess the
current land use classification system and definition used in On the country to ensure that it
reflects the actual use of lands in the country,

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


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

ARTICLE Il
NIPAS Areas

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

ARTICLE Ill
Agricultural Lands

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

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

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

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

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

ARTICLE IV
Ancestral Domain

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


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

Sec. 16. Ancestral Domain Policy Adoption. Ancestral domain policies shall be adopted
in the LGU's land use policy framework. However, in the event that the ADMP/ADSDPP is
still in the formulation stage or remains to be formulated, the right to self-determination,
and the observance of traditional resource and management system and processes shall
be upheld at all times, as provided for by RA 3871.

ARTICLE V
Forest Lands and Reservation of Watershed

Sec. 17. Permanent Forestlands. All forestlands are classified as forest or timberlands,
Titles, settlements, permits, leases, and/or agreement within critical habitats, critical
watershed areas, protected areas and key biodiversity areas (KBAs), shall be reviewed,
and their legality affirmed. All erroneous titles, settlements, permits, leases and/or
agreements within permanent forestlands shall be cancelled or revoked in due course.
Non-compliance with and violations of these instruments shall be grounds for their
cancellation or revocation. Provided. That the applicable provisions of the RA3871, shall
be respected.

Upon recommendation by the LGU, or the Forest Board, the DENR Secretary shall revoke
the above-mentioned instruments.

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

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

e) All mangroves and swamplands including twenty (20) meter wide strips
facing oceans, takes and other bodies of water not yet classified as alienable
and disposable lands.

f) Ridge tops and plateaus regardless of size found within or surrounded wholly
or partially be forestlands where headwaters emanate;

g) Twenty (20) meter wide strips of land from the edge of the normal high

waterline of rivers and streams with channels of at least five (5) meters width

are not yet classified as alienable and disposable;

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

and

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

h)

Sec. 19. Reversion of Alienable and Disposable Lands to Forestlands. Upon the
recommendation of the DENR Secretary, duly reviewed and endorsed by the National
Land Use and Policy Council (NLUPC), and after due consultations with the concerned
LGUs and the affected parties, Congress may authorize the reversion of alienable and
disposable lands of the public domain or portion thereof to forestlands.


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

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

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

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

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

ARTICLE VI
COASTAL ZONES

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

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

Areas that meet all accepted criteria on elevation, soil type, soil depth
topography, supply for successful fishpond development, and are nor
identified as mangrove protected areas, shall be utilized for aquaculture
purposes as long as a 4:1 ration for mangroves and fishponds is
maintained to support ecological processes in mangrove ecosystems;
Areas sub-classified as mangrove and still suitable for use as such, or
due to environmental conditions need to be preserved as mangroves but
are devoid of mangrove stands, shall not be converted to other uses. The
DENR shall ensure that these lands shall be reforested within a given
period of time;

b)

¢)


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

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

f) Areas which are considered as traditional fishing grounds shall be used
primarily for such purpose;
Areas shall be allocated for small infrastructure needed by municipal
fisherfolk and for fishing gear, boats, and post-harvest facilities; and
‘Areas which form part of foreshore lands as defined in this Act, including
those under lease agreements or arrangements shall undergo zoning and
evaluation so their boundaries, actual sizes and corresponding uses can
be determined while ensuring that mangrove protection or restoration
zones are considered to keep the required 4:1 ratio between mangroves
and fishponds.

Sec. 25. Coastal Land Zone Sub-classification. All public lands in the coastal zones shall

be sub-classified into any of the following fishponds, mangroves, protection from tidal

surge for preservation of biodiversity, habitats and sanctuaries for endangered wildlife,
fisherfolk settlement, or recreational/tourism areas. No sub-classification of coastal zones
to different uses shall be done without the following:

g
hy

a) Conduct of a comprehensive inventory and resource and
environmental assessment by the DENR with respective LGUs and
accredited Non-Government Organization’ Peoples Organizations
(NGOs/POs) within their jurisdiction. The result of such assessment
along with a list.of all existing applications and expired Foreshore
Lease Agreements shall be posted in three (3) conspicuous places in
the affected localities; and

b) Prior consultation with local fisheries and Aquatic Resource
Management Councils (FARMCs) formed pursuant to Republic Act
No. 8550 or the Fisheries Code.

Sec. 26. Zoning of Coastal Areas. Local government units, in coordination with the DENR,
the FARMCS, local fisherfolk organizations and other concerned stakeholders such as
women and the youth, shall prepare the Coastal Zoning Resource Management Plan
(CZRMP) which shall be incorporated in the CLUP and the subsequent Zoning Ordinance.

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

Sec. 28. Protection of Waterways, Easements and Flood Plains. Structure of any kind
shall not be built in waterways and easements. Pursuant to Pd 1067 or the Water Code of


the Philippines the Banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along their margins
are subject to the easement of public use only in the interest of recreation, navigation,
floatage, fishing and salvage.

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

To promote the best interest and the coordinated protection of flood plains, the
Department of Public Works and Highways (DPWH) IN COORDINATION WITH
Department of Science and Technology (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 the Water Code of
the Philippines.

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

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

ARTICLE Vil
MINERAL LANDS

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

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

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

b) In case of small-scale mining, adequate and acceptable
safeguards shall be instituted by the holders of mining rights or



permits to prevent environmental degradation of the mining sites
and adjacent areas;

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

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

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

ARTICLE VIII
ENERGY RESOURCES

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

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

Indigenous energy resource exploration, development
production, utilization, and distribution shall be subject to the
appropriate requirements and processes of the Philippine
Environmental Impact Statement (EIS) system. Each project
shall secure an Environmental Compliance Certificate (ECC)
prior to project implementation to ensure that adequate and
appropriate environmental management measures and
optimum methods for resource access and recovery are used;
c) Protected areas defined in Section 6 shall be closed to any kind
of energy resource development;

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

Renewable energy shall be preferred over other energy
resource.

b)

d)

Sec. 35. Reversion of Energy Resource Lands. All exhausted indigenous energy
resource lands as determined by the Department of Energy, which are not covered by
proclamations, shall automatically revert to the category of forestlands or agricultural lands
open to disposition, whichever is appropriate, unless the DENR shall classify such areas


for other purposes. Exhausted energy resource lands shall refer to specific energy
resource sites whose energy reserves of the desired type/s are no longer in sufficient
quantity or quality to justify additional expenditure for their extraction and utilization.

ARTICLE IX
Settlements Development

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

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

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

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

Sec. 39. Designation and Zoning of Socialized Housing Sites. Each city or municipality
in urban, urbanizable and rural areas shall designate through the CLUP adequate lands for
housing or residential purposes, including socialized housing and resettlement areas for
the immediate and future needs of the local population as well as the underprivileged and
homeless in their territory, pursuant to existing laws and regulations. In order to ensure
adequate availability of land for the housing needs of the local population, the CLUP may
be revised at the minimum of ten (10) years and reviewable not earlier than every five (5)
years.

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


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

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

Sec. 40. Zoning of Identified Sites for Socialized Housing. The identified sites for
socialized housing shall be located in residential zones identified by the city or
municipality's CLUP and Zoning Ordinance (ZO) duly approved by the NLUPC. However,
for cities and municipalities where the identified sites are not within the residential zones,
the location shall be within the priority sites and conform to sustainability criteria as defined
in Section 6.3 and 6.4 of the Guidelines in HUDCC Resolution no. 521, Series of 1992, or
as may be defined in subsequent issuances. The identified sites shall be zoned as
socialized housing zones as defined herein.

The current Zoning Ordinance of LGUs shall be reviewed and revised such that socialized
housing component shall be integrated thereto.

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

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

a. Within alienable and disposable lands but not in environmentally-critical, ego-
hazard or other protection areas;

b. Along established urban growth directions;
¢. With provisions for or can be provided with basic services and utilities;
d. Within the 0-8% slope range; and

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

Sec. 43. Urban Forest or Green Space. Each city or highly-urbanizing municipality shall
identify, designate, and allocate lands owned by the city or municipality as urban forest or


green space, based on the guidelines and standards to be used by the DENR and
approved by the NLUPC.

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

ARTICLE X
INDUSTRIAL DEVELOPMENT AREASISITES

Sec. 45. Criteria for Designating Industrial Development Areas/Sites. The
identification and establishment of industrial development areas shall conform to the
provisions of RA 7916 or the Special Economic Zone Act (SEZA) of 1995 as amended by
RA 8748, RA 6657, or the Comprehensive Agrarian Reform Law (CARL) as amended by
RA 9700 or the Comprehensive Agrarian Reform program Extension with Reforms
(CARPER), RA 8371 or the Indigenous Peoples’ Rights Act (IPRA), RA 7279 or the Urban
Development and Housing Act (UDHA), RA 8550 or the Philippine Fisheries Code as
amended by the RA 10654 and RA 8435 or the Agriculture and Fisheries Modernization
Act (AFMA), taking into consideration the following:

a. Identified network of areas for agricultural development and protected agricultural
areas pursuant to the RA 8435;
b. National policies on the regional dispersal of industries and agri-based industrial
development;
;. Identified growth areas and corridors in the National Development Plan;
|. NIPAS and non-NIPAS areas such as, but not limited to, KBAs and restored areas
that require protection;
e. National and Urban Development and Housing Framework;
f. Identified Socialized Housing Zones; and
g. National framework for Physical; Planning and other existing national programs and
policies.

ao

The designated industrial development areas shall be located only in production land use
areas and shall become an integral part of the land use plan and zoning ordinance of the
city or municipality where these areas are located RA 9700, RA 8371, RA 7279, RA 8550,
RA 8435 and RA 7160 or the Local Government Code shall apply to all Special Economic
Zones and Free Ports.

ARTICLE XI
TOURISM DEVELOPMENT AREAS

Sec. 46. Designating Tourism Development Areas. The identification, selection, and
development of tourism development areas, and Tourism Enterprise Zones (TEZs) shall
be done in consultation and coordination with the concerned LGUs, the Tourism
Infrastructure and Enterprise Zone Authority (TIEZA), Department of Tourism, and other
concerned national government agencies, the private sector and the affected communities,
subject to the provisions of R.A. No. 9593 or the Tourism Act of 2009. Tourism
development areas shall likewise include those covered by legislative and executive
issuances such as tourist spots, tourist zones and tourism ecozones which can be


developed into tourism estates or integrated resort, leisure and recreation complexes and
other tourism-related facilities as well as those identified in the national, regional, and
area-specific tourism master plans and other sector plans, such as ecotourism and agri-
tourism sites: Provided, That such sites designated for tourism development are outside of
areas identified for protection land use. As much as practicable, community-based tourism
shall be the principal mode of tourist spot operation. RA 9700, RA 8371, RA 7279, RA
8550, RA 8435, and RA 7160 shall apply Executive Order 111; Series of 1999 that
provided for the National Ecotourism Strategy shall likewise apply to all tourist zones and
tourist development areas.

Designated areas for tourism development shall become part of the CLUPs and Zoning
ordinances of the cities and municipalities where these are located

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

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

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

ARTICLE Xil
INFRASTRUCTURE DEVELOPMENT

Sec. 48. Allocation and Use of Land for Infrastructure Development. Land, whether
public or private, shall be allocated and utilized for priority infrastructure projects that are
supportive of national or local development objectives. The National Economic and
Development Agency (NEDA), in consultation with the concerned national government
agencies, LGUs, and the private sector shall identify and periodically review, update
and/or revise the list of priority infrastructure projects under an over-all national strategic
infrastructure development plan subject to the provisions of this Act, RA 8435 and RA
8371; Provided, That such national strategic infrastructure development plan shall be
consistent and integrated in the objectives and the directions of the NPFP.

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

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

2. Upgrade existing facilities to international public safety standards;

3. Address the needs for sustainable settlements development; and


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

Provided, That the provision and implementation of infrastructure support shall be made
compatible with existing environmental conditions and the physical, whether natural or
human-made, and cultural character of the area. Mandatory public consultations pursuant
to existing laws and regulations shall be held prior to the conduct of all infrastructure
projects that will necessary involve dislocation or displacement of people in the area;

Provided, further, That the proponent of the infrastructure project shall follow the rules on
just and humane eviction or demolition under Section 28 of the RA 7279 as a last resort,
notwithstanding the provisions of RA 8975, prohibiting lower courts from issuing temporary
restraining orders, preliminary injunctions, or preliminary mandatory injunctions and that
the proponent shall follow provisions of RA 8371, particularly those pertaining to the rights
of IPs/ ICCs in case of displacement;

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

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

Existing projects that were undertaken without the required environmental impact
assessment and which pose a threat to the environment, or to the integrity of historic,
archaeological, or scientifically significant areas, or impinge on critical ecosystems, may be
terminated immediately, or gradually phased-out, or relocation of projects that will
necessarily involve dislocation or displacement of people in the area.

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

Sec. 50. National Land Use Planning Process. The physical framework and land use
planning process shall be participatory, following a combined bottom-up and top-down
approach, with mandatory public hearings/consultations conducted at all levels, and shall
consider available and updated multi-disciplinary scientific information of land uses.

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

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

The National Physical Framework Plan (NPFP) shall define the national strategy and
objectives of the country’s urban, rural and regional development. It shall guide the rational


distribution of population, access to economic opportunities and social services,
sustainable utilization of resources, and maintenance of environmental integrity.

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

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

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

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

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

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

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

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

The Regional Land use Policy Council (RLUPC), created under Section 59 of this Act,
shall formulate and periodically update the RPFP based on the guidelines issued by the
NLUPC, in a manner consistent with and following the objective of the NPFP. Likewise, the
Medium-Term Regional Development Plan (MTRDP) and the Medium-Term Regional
Development Investment Program (MTRDIP) shall be guided by and made consistent with
the objectives identified in the RPFP.

Sec. 53. Provincial Physical Framework Plan. The PPFP shall determine the physical
development of the entire provincial territory, consolidate and harmonize the


comprehensive land use plans of component cities and municipalities, consistent with the
RPFP. It shall reflect the indicative land use management and physical development
direction of the province.

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

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

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

Under the original supervision of the PLUPMB, THE Provincial Planning and Development
Coordinator/office (PPDC/PPDO) shall provide technical, secretariat and administrative
support in the preparation, consultation, integration and formulation process of the PPFP.

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

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

Consistent with the national standards and guidelines prescribed in Section 50, the cities
and municipalities, shall, in consultation with the concerned sectors, prepare their
respective CLUPs.


The City/Municipal Land Use Planning and Management Board (C/MLUPB), created under
this Act, shall be responsible for the preparation and formulation of the CLUP and ensure
its consistency with national and regional physical planning guidelines and standards.
Under the general supervision of the respective C/MLUPB, the City/Municipal Planning
and Development Coordinating office (C/MPDC/PDO) shall provide technical, secretariat,
and administrative support in the preparation, consultation, integration and formulation
process of the respective CLUPs of each city or municipality.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

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

a. Formulate land use planning guidelines in the preparation of the CLUPs and zoning
ordinances of local government units to ensure compliance with the national
policies, objectives, priorities, and directions set by the NLUPC;

b. Provide technical and other forms of planning assistance to, including capacity-
building for, local government units and zoning boards; and

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

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

Sec. 56. Composition of the NLUPC. The NLUPC shall be headed by the NEDA
Secretary as chairperson. He/she shall choose a Vice Chairperson from among the
members of the Council, who shall assume the functions of the Chairperson in case of
absence. The NLUPC shall meet at least once a year every quarter.

The members of the Council shall be composed of the following:

|. The Secretary of the Department of Agriculture (DA);

. The Secretary of the Department of Agrarian Reform (DAR);

. The Secretary of the Department of Environment and Natural Resources (DENR);

|. The Secretary of the Department of Interior and Local Government (DILG);

The Chairperson of the National Commission on Indigenous peoples (NCIP);
The Chairperson of the Housing and Urban Development Coordinating Council
(HUDCC);

g. The Chief Executive Officer of the Housing And Land Use Regulatory Board
(HLURB);

meaese


h. The Administrator of National Mapping And Resource Information Authority
(NAMRIA);

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

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

k. Two (2) representatives each from four (4) basic sectors directly involved in land
use, namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be
appointed by the respective National Anti-Poverty Commission (NAPC) sectoral
councils. Of the eight (8) sectoral representatives, at least four (4) shall be women,
provided that one of whom shall be from the Moro sector;

I. Four (4) representatives from the developers’ associations, the accredited
associations of professionals dealing with land use such as, but not limited to,
urban and regional planners, environmental planners, architects, geologists and
geodetic engineers, the business or private sectors; and

m. The Head of the NLUPC Secretariat who shall be a non-voting ex-officio member.

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

Sec. 57. Powers and Functions of the NLUPC. The NLUPC shall have the following
powers and functions:

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

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

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

d. Ensure the consistency of other national development and sectoral plans and
programs, including the medium-term Philippine Development Plan (PDP) and
Public Investment Program (PIP), with the NPFP;

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

f. Resolve policy conflicts on land uses between or among agencies, branches, or
levels of government and unresolved land use policy conflicts at regional level;

g. Issue locational clearances for projects of national significance;



h. Call 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.

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

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

k. Adopt rules of procedures for the orderly and expeditious conduct of meeting and
other business of the council; and

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

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

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

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

a. Formulate regional policies and guidelines which are consistent with the national
planning guidelines issued by the NLUPC in the preparation and formulation of the
respective provincial physical planning and comprehensive land use plans of LGUs
within its jurisdiction;

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

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

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

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

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

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

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

In forest land use management, where the watershed area/ continuum covers several
municipalities across different provinces, an inter-LGU task force composed of


representatives from RLUPC and the concerned MLGUs where the watershed area is
located shall be formed. With the assistance of the DENR and upon mandatory
consultations with the concerned sectors, the inter-LGU task force shall formulate the
Watershed Management Plan for the said watershed area.

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

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

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

b. Submit to the PDC the draft CLUP for its transmission to the Sangguniang
Panlalawigan and for the PDC to use it as a reference for consistemcy and
complementation with other development plans;

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

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

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

f. Advice the Sangguniang Panlalawigan on all matters pertaining to land use and
physical planning;

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

h. Assist the Sangguniang Panlalawigan in reviewing the submitted CLUPs of
component cities/municipalities to ensure consistency with the Provincial Physical
Framework Plan.

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


Sec. 62. Composition of the PLUPMB. The PLUPMB shall be composed of the following
fifteen (15) members to be selected based on the rules to be formulated by the NLUPC as
provided in this Act:
a. The Provincial Planning and Development Coordinator (PPDC);
b. The Chairperson of Sanggunian Panlalawigan Committee on Environment and
Natural Resources;

. The Provincial Chapter President- League of Municipalities and/or League of Cities;
|. The Provincial Agrarian Reform Officer (PARO);
The Provincial Agricultural Officer (PAO);
The Provincial Environmental and Natural Resources Officer (PENRO);
|. The NCIP Provincial Officer;
.. The HLURB Regional Officer
Three (3) representatives from local business or private sector, the developers’
association and accredited associations of professionals dealing with land use such
as, but not limited to, urban and regional planners, environmental planners,
architects, geologists, geodetic engineers; and chamber of commerce, who shall be
appointed from among the accredited organizations within their respective
development councils;

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

k. The Designated Board Chairperson to be chosen among the members.

rsreampao

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

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

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

Sec. 63. City/ Municipal Land Use Planning and Management board (C/MLUPMB). A
City/Municipal Land Use Planning and Management Board or (C/MLUPMB) is hereby


created under this Act in all municipalities and cities, including highly urbanized and
component cities, to oversee the preparation, integration and adoption and approval of
their Comprehensive Land Use Plans (CLUPs). It shall issue a Certificate of Compliance
prior to the submission of the CLUP to the Sanggunian to ensure the consisntency of such
plans with approved national, regional and provincial planning guidelines. The C/MLUPMB
shall also be directly responsible for the effective management and implementation of the
approved CLUP and for ensuring that existing and future local policies, including zoning
ordinances, development initiatives, programs and projects introduced within its jurisdiction
are consistent with and supportive of the land use resource management and physical
planning objectives, directions and character identified by the approved CLUP.

Sec. 64, Powers and Resposnbilities of the City/Municipal Land Use Planning and
Management Board. The C/MLUPMB Shall exercise the following powers and functions:

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

b. Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use
management objectives and goals identified by the CLUP;

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

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

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

f. Based on the CLUP, review and endorse for approval/disapporoval applications for
locational clearances, building and zoning permits and/ or other planning-related
requirement for any project, both public and private, that is submitted to the LGU for
issuance;

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

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

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

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

b. The Chairperson, Sanggunian Bayan Committee on Environment and Natural
Resources;

c. The President of the Association of Barangays (ABC);


|. The Municipal Agrarian Reform Officer (MARO);

. The LGU Environment and Natural Resources Officer (City/Municipal ENRO);
The Municipal Agriculture Office (MAO)

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

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

i. The Designated Board Chairperson to be chosen among the members.

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

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

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

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

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

Sec. 66. Approval and Review of PPFP and CLUPs. The PPFP and CLUPs of the
respective city/municipal LGUs, including highly urbanized cities and independent


component cities shall be submitted by the local land use boards to the LDCs for the
transmission to the local Sanggunian for approval

Sec. 67. Approval of the RPFP and NPFP. The RPFP and NPFP shall be submitted for
review and approval of the RLUPC and NLUPC, respectively, upon the conduct of
appropriate stakeholder and agency consultations: Provided, That such processes and
guidelines shall be prepared and issued by the NLUPC within six (6) months from the
effectivity of this Act.

CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

Sec. 68. National Mapping and Spatial Data infrastructure Program (NMSDIP). A
national mapping program shall be implemented, coordinated and monitored by the Inter-
Agency Technical Committee (ITC) which is hereby created. It shall be composed of the
National Mapping And Resource Information Authority (NAMRIA) as the lead agency, the
Bureau of Soils and Water Management (BSWM), the Forest Management Bureau (FMB),
the Land Registration Authority (LRA), the Protected Areas and Wildlife Bureau (PAWB),
the Mines and Geosciences Bureau (MGB), the Philippine Institute of Volcanology and
Seismology (PHIVOLCS), the Department of Agrarian Reform (DAR), the Department of
Agriculture (DA), National Commission on Indigenous People (NCIP), the National Water
Resources Board (NWRB), the Department of Energy (DOE), the National Disaster Risk
Reduction Management Council (NDRRMC), the National Economic Development
Authority (NEDA), and other concerned government agencies. The ITC shall be
constituted, and the mapping and spatial data infrastructure program shall be initiated
within thirty (30) days from the effectivity of this Act. The program shall be responsible for
the production of base and decision maps and associated spatial databases for all
planning levels based on the guidelines of the NLUPC.

Under the program, all government stakeholders concerned in the production of maps of
various themes shall be collaboratively formulate the government's spatial data
infrastructure master plan and respective government agency/ stakeholders’ spatial data
infrastructure plans which shall be the basis for subsequent funding and eventual project
implementation and/ or operation.

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

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

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

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


completed maps shall be integrated in the National Physical Framework Plan pursuant to
section 51 of this Act.

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

a. Topographic maps;
b. Geologic maps;

c. Hydrologic maps;

d. Climate maps;

e. Soils maps;

f. Slope maps;

g. Mineral Resource maps;
h. Existing Land Use Maps;

i. Land Suitability Maps for:
1) Settlements
2) Agriculture
3) Industrial areas
4) Others

j. Agricultural Maps:
4) Network of Protected Areas for Agricultural and Agro-Industrial Development;
2) Commodity Specific Development Management Guide Maps;
3) Land Limitation Maps;
4) Cropping System Zones Maps;
5) Hydro-ecological Conditions Map:
6) Irrigation Systems Maps;

k. Land Classification Maps;
|, Municipal Waters Delineation Maps and MPAs;

m. Geo-hazard Maps:
1) Flood Prone Areas;
2) Hazard Zonation Maps for Volcanoes;
3) Map of Fault Systems;
4) Tsunami Prone Areas;
5) Erosion prone Areas;

n. Tourism maps;
Transportation maps;
Traffic Flow;

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q. Maps Designating Areas Served by:


1) Power
2) Tele-communications
3) Water
r. Maps indicating the following facilities:
4) Health
2) Education
3) Power
. Domestic Water Supply
Industrial Areas
|. Population Distribution Map
. Ancestral Domain Map
. NIPAS Areas
. Areas Suitable for Urban Expansion
. Watershed Areas
. Forest Lands
1) Protection Areas
2) Production Areas
3) Restoration Areas
a) Key Biodiversity Areas
b) Marine Protected Areas

NS xXesero

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

Sec. 71. Completion and Updating of Existing Cadastral Surveys. The completion of
incomplete cadastral surveys of LGUs and the updating of existing surveys shall be given
priority consideration and allocation of resources in the implementation of this Act. The
DENR shall include in its annual appropriations the completion and updating of all
incomplete and existing cadastral surveys of all LGUs in the country. Provided, That such
surveys and maps shall be integrated into the national spatial database information and
mapping system.

In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestral lands shall be
employed to determine boundaries for under RA 8371

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

a. Forest Lands


1) Protection
2) Production

b. Ancestral Domains
c. NIPAS Areas
1) Strict Protection Zone
2) Multiple Use Zone
d. Watershed Areas
4) Critical
2) Multiple Use
. Network of Protected Areas for Agricultural and Agro-Industrial Development
(NPAAAD)
Socialized Housing Sites and Settlement Expansion Areas
|. Extents of Environmentally-Constrained Areas
. Easement Areas
Critical Coastal Areas
1) Mangroves
2) Sea grass

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

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

Sec. 73. National Geo-hazard Mapping Program. Within thirty (30) days from the
effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly
through the NLUPC, PHIVOLCS, PAGASA, NAMRIA, DENR-MGB, and the DOE in
coordination with the NDRRMC, the Regional Risk Reduction Management Councils, and
other concerned government agencies. The program shall include the generation of
indicative geo-hazard zoning maps that will outline areas in the Philippines which are
prone to liquefaction, landslides, flooding, lahar, ground rupturing, river erosion, sinkhole
collapse, earthquake, lava flow, pyroclastic flow, base surge, coastal erosion, tsunami and
other natural hazards.

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

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

Sec. 74. Scope and Nature of Responsibilities of Other National Agencies. All
concerned national government agencies/ bodies shall provide their respective sectoral/


development plans and provide technical and administrative support if called upon by the
NLUPC for the implementation of the provisions of this Act.

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

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

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

Sec. 77. Information/Education Campaign and Capacity Building. The NLUPC shall
undertake a nationwide information/education campaign on land use and physical planning
to be implemented by local and national government agencies. The DILG and concerned
agencies shall formulate and implement a land use management capability-building
program for national and local government officials, community leaders, representatives of
NGOs, POs, the religious sector and the general public.

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE I. AWARDS AND INCENTIVES

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

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

ARTICLE Il. SANCTIONS AND PENALTIES

Sec. 80. Fine for Failure to Commerce or Complete the Development of Agricultural
Lands with Approved Conversion Order. For agricultural lands with approved
conversion orders, the provisions of Republic Act 6657 (CARL), as amended by Republic
Act 9700, shall apply. A landowner and/or the designated developer or duly authorized
representative who fails to commence and/or complete the development plan defined in
the conversion order shalll be jointly and severely penalized. The following fines based on
the zonal value or the fair market value of the land, whichever is higher at the time the fine
shall be imposed:

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


2) Ten percent (10%) for the next three (3) hectares; and
3) Fifteen percent (15%) for the remaining area.

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

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

Sec. 81. Persons Abetting Illegal Conversion. Any person initiating, causing, inducing
or abetting illegal conversion with intent shall be punished with imprisonment or a fine in
accordance with Act No. 3815 or Republic Act 3019, or both at the discretion of the court.
If the offender is public official or employee, whether elected or appointed, the penalty
shall also include dismissal from service, forfeiture of all benefits and entitlements accruing
to the public position, and perpetual disqualification to run or apply for any elective or
appointive public office.

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

Sec. 82. Penalty for Reclassification of protected Agricultural Lands and Exceeding
the Limit Areas Allowed for Reclassification. Any person initiating, causing, inducing or
abetting the reclassification to non-agricultural uses of protected agricultural areas as
defined in Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a
fine of not less than One hundred thousand Pesos (P100,000.00), or both at the discretion
of the court.

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

If the offender is a juridical person, the penalty shall be imposed on the president, chief
executive officer, manager, chairperson and all the members of the board, and other
responsible officers thereof.

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

Sec. 83. Payment of Disturbance Compensation. Following the order of priority stated
in Section 22 of R.A. 6657, as amended by R.A. 9700, agricultural lessees and share
tenants, regular farm workers, seasonal farm workers, other farm workers, actual tillers or
occupants of public lands, collective or cooperative of the above beneficiaries, and others
directly working on the land affected by agricultural land use conversion, shall be entitled


to the payment of the disturbance compensation equivalent to five (5) times the average of
the gross harvests on the landholding during the preceding five (5) calendar years or a
certain percentage of the converted land, whichever is higher, as determined by the DAR.

Sec. 84. Authority to Impose Fine. The DAR shall have the authority to impose the fines
provided under the preceding Sections 80, 81, 82 and 83.

Sec. 85. Withdrawal of Local Development Permits and/or Licenses. Upon receipt of
notice from the DAR, the concerned agencies, city or municipality shall withdraw and/or
revoke any development permit and/or other licenses that may be necessary to develop
the agricultural land subject of conversion.

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

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

a. Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;

b. Failure to complete the preparation of the CLUP despite the availability of funds,
resources, and support by the Sanggunian concerned;

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

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

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

a. Three (3) to six (6) months, in case of non-completion of the CLUP; or
b. Three (3) to six (6) months, in case of non-conformity with the NPP;
¢. Six (6) to nine (9) months, in case of non-implementation of the CLUP;

Failure to comply with the provisions of RA 8371 on the formulation of the CLUP shall be
penalized according to Section 72 of RA 8371.

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

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

b. Destroying or causing damage to the timber lands and other forest products found
in the abovementioned forest and parks;


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

d. Assisting, aiding or abetting another person to commit the offenses stated in this
Section

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

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

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

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

CHAPTER XI.
TRANSITORY AND FINAL PROVISIONS

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

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

Sec. 90. Convening of the NLUPC. Within thirty (30) days from the effectivity of this Act,
the Chairperson shall convene the NLUPC and the Head of the NLUPC Secretariat shall
immediately assume office.

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

Sec. 92. Transfer of Powers and Functions. The functions of the HLURB on land use
planning as provided for under Sections 5a, 5b, 5c, 5d, 5e and 5f of E.O. No. 648 Series of
1991 and E.O. No. 72 Series of 1993, shall be immediately transferred to the NLUPC and
its appropriate sub-national LGU structures, except as provided in Section 55 hereof.
Nothing in this Act shall be construed to transfer or limit functions embraced within the said
provisions that pertain to or relate to HLURB non-planning functions.

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


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

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

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

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

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

Sec. 98. Repealing Clause. Section 10 of RA 8435 and Sections 447 (a2vii) and 458
(a2viil) of RA 7160 and related laws and administrative issuances are hereby modified by
Section 13 hereof. The pertinent provisions of Executive Order No. 648, Executive Order
No. 72, Series of 1993, and Executive Order No. 770, Series of 2008, amending Letter of
Instruction (LO!) 1350, are also modified accordingly. Section 11 of RA 8435 as to the
penalty for agricultural inactivity and premature conversion is also modified by Section 83
hereof. Letter of Instruction No. 1350, Series of 1983, presidential Proclamation 2282,
Series of 1983 and all other general and special laws, acts decrees, executive orders
proclamations and administrative regulation, or any part thereof which are inconsistent
with this Act are hereby repealed or modified accordingly.

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

Sec. 100. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

Approved.