Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 35855

Introduced by HONORABLE STELLA LUZ A. QUIMBO

EXPLANATORY NOTE

‘The need to lay down the groundwork for the achievement of a genuine
development that meets the needs of the present without compromising the
ability of future generations to meet their own needs cannot be further
delayed. At the heart of this is the sustainable development of the country's
limited land and natural physical resources.

‘The existence of numerous laws that cover conflicting uses of land
makes the need to provide for a rational, holistic, and just allocation,
utilization, management, and development of the country's lands to ensure
their optimum use, consistent with the principle of sustainable development,
all the more important.

It is imperative, therefore, to integrate and harmonize existing laws,
policies and guidelines relevant to land use and planning to establish a
rational, cohesive and comprehensive national jJand use framework. It is
important as well to institutionalize land use and physical planning as
mechanisms for identifying, determining, and evaluating appropriate land use
and allocation patterns, and which would define land use plans according to
the following functional land use groupings, namely: Protection Land Use,
Production Land Use, Settlements Development, and Infrastructure
Development.

This measure proposes all that. More importantly, it proposes the
creation of the National Land Use Commission or NLUC which shall act as the
highest policy-making body on land use. The NLUC will also be tasked to
resolve land use policy conflicts between or among agencies, branches, or
levels of the government and shall integrate efforts, and monitor developments
relating to land use and the evolution of policies.


eee —"_—

‘This bill was originally filed by Cons Romero “Miro” S. Quimbo and was
roved on third reading in the ioe Congress. In view of the foregoing,

app!
f this bill is earnestly sought.

approval o

STELLA LUZ A. QUIMBO
Representative
Second District Marikina City



Cwrauneuna

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 52 55

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Introduced by HONORABLE STELLA LUZ A. QUIMBO

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

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

CHAPTER I
INTRODUCTORY PROVISIONS
SECTION 1. Title. - This Act shall be known and cited as the “National

Land Use and Management Act of the Philippines”.

SECTION2. Declaration of Policies and Principles. - It is the policy of
the State to:

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

(b) Hold owners and users of land responsible for developing and
conserving their lands, thereby making these productive and supportive of

sustainable development and environmental stability in accordance with the


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principle that the use of land bears a social function and that all economic
agents shall contribute to the common good;

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

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

Towards these ends, 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:

(1) Maintenance and preservation of environmental integrity

and
stability;

(2) Sustainable and just management and utilization of
naturalresources;

(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;


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

(6) Sustainable development and management of water resources;

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

(8) Improved access to affordable housing by increasing its supply
through direct allocation, better access to unutilized lands, and multiple use
and higher densities, where appropriate;

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

(10) Equitable access to land through State intervention that
guarantees its affordability to the basic sectors;

(11) Energy security or energy self-sufficiency;

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

(13) Meaningful participation of the basic sectors.


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SECTIONS. Scope. - This Act shall apply to all lands and alll 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.

SECTION 4. Definition of Terms. —

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

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

(0) 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;


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

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

determination;

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

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

(h) Comprehensive Land Use Plan (CLUP) refers to a document
embodying a set of policies, accompanied by maps and similar illustrations

that serve as a policy guide for determining the future use of lands and


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natural resources within the territorial jurisdiction of the LGUs. It

represents the community-desired pattern of population distribution and

proposes future allocation of land and resources to various activities. It
includes the processes and criteria employed in such determination of
allocation of land and resources. It is a plan for the long-term management
of the local territory covering a period of minimum of ten (10) years,
reviewable not earlier than every five (5) years based on the four (4)
categories of land use planning provided in Section 6 of this Act;

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

() Critical watershed refers to watersheds or forestlands 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 existing 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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a 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 conducting proper technical studies and public consultations
with affected families;

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

(0) Disaster-prone areas or geo-hazard areas refer to areas
frequented by and/or vulnerable to experience weather, climatic, hydrologic,

geologic, and other natural disturbances or calamities;


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

(Q — Ecologically-fragile lands refer to lands within critical
watersheds, brackish and freshwater wetlands, 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 area where community participation,
protection and management of natural resources, culture and indigenous
knowledge and practices, environmental education and ethics, as well as
economic benefits are fostered and pursued for the enrichment of host
community and satisfaction of visitors;

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

(t) Energy resource lands refer to lands where naturally occurring

or indigenous energy resources exist in sufficient quantity and/or quality as


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to be economically viable for exploration, development, production,
utilization, and distribution purposes;

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

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 forest and marshlands; (xiv)
foreshore lands; (xv) protected areas pursuant to Republic Act No. 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;

(v) Exhausted mineral resources refer to a situation where the
mineral resources in specific sites are no longer in sufficient quantity or

quality to justify additional expenditure for extraction or utilization;


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(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;

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

(y) Food security refers to the policy objective of meeting the food
availability, accessibility, and affordability requirements of the present and

future generations of Fi

inos in a sustainable manner, through local
production or importation in cases of shortage based on a micro level
situation, or both, and taking into account the country’s existing and
potential resource endowments and related production advantages, and
consistent with the overall national development objectives and policies;

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

(aa) Foreshore land refers to a string of land margining a body of
water, the part of a seashore between the low-water line usually at the
seaward margin of a low tide terrace and the upper limit of wave wash at

high tide often marked by a beach scarp or berm;


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

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

(dd) Forest Land Use Plan (FLUP) refers to the allocation of
forestlands 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. Forestland use planning
should be able to delineate protection and production forests;

(ce) Forestland subclassification refers to the process of determining
the most appropriate and sustainable use of forestlands primarily as
protection forest and production forest. They may be further subclassified as
grazing/pasture land, recreational areas and other uses, taking into account
ecological, social and economic considerations;

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

understandable to the community;


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

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

waters, and not subject to acquisitive prescription consistent with the


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provisions of Presidential Decree No. 1067 or the Water Code of the
Philippines;

(ij) tegrated 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) represent the most important
sites for biodiversity conservation worldwide. These are places of
international importance for the conservation of biodiversity through
protected areas andother governance mechanisms. They are identified
nationally using simple, standard criteria, based on their importance in
maintaining species populations;

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

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

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

(00) Land use classification refers to the act of delineating or

allocating lands according to protection land use, production land use,


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settlements development and infrastructure development as defined and
provided for in this Act;

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

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

(rt) 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;


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

(uu) Municipal waters include not only streams, lakes, inland bodies
of water and tidal waters within the municipality which are not included
within the protected areas as defined under Republic Act No. 7586 of the
National Integrated Protected Areas System or the NIPAS Act of 1992, public
forest, timberlands, 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;

(vv) National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated protected areas to

maintain essential ecological processes and life-support systems, to preserve


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genetic diversity, to ensure sustainable use of resources found therein, and
to maintain their natural conditions to the greatest extent possible;

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

(xx) National park refers to forest reservation essentially of natural
wilderness character which has been withdrawn from settlement, occupancy
or any form of exploitation except in conformity with approved management
plan and set aside as such exclusively to conserve the area or preserve the
scenery, natural and historic objects, wild animals and plants therein and to
provide enjoyment of these features in such areas. It shall also refer to lands
and waters of the public domain classified as such in the 1987 Constitution
which include all areas under the NIPAS pursuant to the NIPAS Act of 1992,
primarily designated for the conservation of native plants and animals and
associated habitats and cultural diversity;

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

existing agricultural infrastructure and agro-based enterprises; highlands or


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areas located at an elevation of five hundred (500) meters or above and have
the potential for growing semi-temperate and high value crops; all
agricultural lands that are ecologically fragile, the conversion of which will
result in serious environmental degradation; and all mangrove areas and
fish sanctuaries;

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

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

(bbb) Physical framework plans refer to the national, regional or
provincial indicative plans that outline the overall and macro-level physical
development objectives, priorities, directions and strategies in its respective
levels as prepared, reviewed, integrated and finalized by the national,
regional and provincial land use councils/boards, respectively, based on the
CLUPs of the LGUs and the national policy guidelines relating to land use
and environmental management to prevent or mitigate the adverse effects of
inappropriate resource utilization on food security, the people’s welfare, and

their environment;


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

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

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

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

enhance biological diversity, and protected against human exploitation. For


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purposes of this Act, these shall also include all natural forests and
agricultural lands identified and delineated under this Act;

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

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

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

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

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

Housing Act (UDHA);


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

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

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

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

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

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

(sss) Spatial data infrastructure refers to a system consisting of
spatial data, technology, policies, practices, relationships, people and
resources necessary to acquire, process, store and distribute spatial
information to improve sharing and use throughout all levels of the
government and private sector, among others, which shall be

operationalized through electronic system that provides access to a network


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of spatial data sources and users and shall serve as the official linkage of
the government to international and regional spatial data infrastructure;

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

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

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

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

(xx) Sustainable development refers to the development objective of

meeting the needs of the present generation without compromising the


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ability of future generations to meet their own needs consistent with the
principles of social equity, efficiency, and environmental integrity;

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

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

(aaaa) Tourism ecozone refers to tourism development areas, outside
protection 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 No. 7916
or the Special Economic Zone Act of 1995 (SEZA), as amended;

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

Congress and/or by local legislation and declared suited for the development


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of an integrated tourism and resort complex with prescribed carrying
capacities and limits for its facilities and activities;

(ccce) Tourist spot refers to a particular area/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,
natural, historical, aesthetic, visual, scientific, religious, and recreational
significance;

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

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

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

(gggg) Urban forestry or green space refers to the establishment or

setting-up of areas for mini-forests, ecoparks or small nature parks, in


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bothpublic and private lands: wetlands, man-made lagoons and lakes
systems, riverbanks and shores, grasslands, roof and rock gardens: lining
roads and highways with trees, shrubs, or ornamental plants, and ground
landscaping of schools, hospitals, and other government agencies in order to
improve the environment in urban areas;

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

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

(ii) Watershed refers to a topographically delineated area of land
from which rainwater can drain as surface runoff 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;

(kkk) 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

(lll) Zoning ordinance refers to a local law passed by the
sangguniangbayan or sangguniangpanlungsod approving the development
control/zoning plan in accordance with an approved or adopted CLUP of the

city/municipality, providing for the regulations and other conditions on the


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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 II

FRAMEWORK FOR LAND USE PLANNING
SECTIONS. Basic Land Use Considerations. - Various land uses as
categorized in the succeeding section shall be determined in a manner that
promotes the policies and principles defined in Section 2 of this Act and
shall consider the following elements of the framework therefor, among

others:

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

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

(©) __ Protection of natural forests and natural resources ensures
environmental stability, conserve biological diversity, improve ecosystem

functions and provide long-term ecological and economic benefits.


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Designated restoration areas are designed to revive the ecosystem functions
and services of forests as well as improve the economic and ecological
benefits of local communities;

(d) Protection of forest and wetlands from infrastructure
development to preserve the ecological services they provide which are
essential to economic development. These activities include, but not limited
to, river channelization and dredging, large-scale irrigation and river
diversions which reduce riverine habitat and alter flood patterns and natural
flow regimes, reduce downstream water availability for agriculture and
contribute to salinization through saltwater intrusion in coastal areas;

{e) Resolution of land use conflicts which are life-threatening or
threatening to public safety, sustainability of key production resources or
employment activities and the delivery of basic services which are harmful
or destructive to protected areas, flora and 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;

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

(2) Respect for existing customary rights and traditional land uses

oflCCs/IPs;


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(h) Identification of settlement areas to check the demand for land
and establish the location of employment-generating industries and basic
services; and (i)_—_‘The availability of natural resources including
indigenous energy resources for energy security and self-sufficiency.
However, infrastructure energy projects such as dams with large reservoirs
in natural ecosystems shall not be allowed if it would interrupt the
connectivity of river systems, disrupt fish spawning and migration, and alter

seasonal flood regimes.

SECTION6. 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 purposes and the promotion of
the
country’s ecological and life-support systems. Planning for protection land
use intends to achieve environmental stability and ecological integrity,
ensure a balance between resource use and the preservation of some areas
with environmental, aesthetic, educational, cultural and historical
significance, aid and protect people and human-made structures from the
ill-effects of natural hazards.

Areas under this category are those covered by the NIPAS Act of 1992
and other coastal and marine protected areas; areas outside NIPAS, which

include, but are not limited to:


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Q)
i)

Natural and restored forests, which consist of:

All existing areas within forestland containing primary and

secondary forests of whatever types of species;

(i)

All existing areas within forestland containing secondary growth

or residual forests of whatever type or specie;

(iii)
(iv)
(v)

(vi)

Areas identified as KBAs;
Restoration areas;
All mangrove forests;

All easement areas as defined by Presidential Decree No. 1067,

otherwise known as the Water Code of the Philippines; and

(vii)

All other areas that would be deemed appropriate for protection,

as designated by the Department of Environment and Natural Resources

(DENR), subject to the approval of the National Land Use Policy Council

(NLUPC), created pursuant to Section 55 hereof;

(2)
(3)
@

Gi)
(iii)
(iv)
()

(4)

Rehabilitated and/or reforested degraded mining areas;
Critical ecosystems for protection, such as:

Coral reefs;

Marshes and wetlands;

Lakes and rivers;

Caves; and

Waterfalls;

Disaster-prone areas that include areas subject to, or may

besubject to:

@
(ii)

Recurrent flooding;

Liquefaction;


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(ii) Tsunamis;

(iv) Storm surges;

(v) Polar vortex;

(vi) Mass wasting;

(vii) Volcanic eruption;

(viii) Direct impact of seismic activity;

(ix) Other disasters caused by climatic conditions; and

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

(5) Critical watershed areas;

(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;

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

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

(b) Production Land Use refers to the most efficient, sustainable,
and equitable utilization, development and management of land for
productivepurposes which are not classified for protection land use as

defined in this section. Areas included in this category are agricultural


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lands, coastal and marine zones, production forests, mineral lands, energy
resource lands, industrial and tourism development areas where productive
activities could be undertaken to meet the country’s requirements for
economic growth and development. Production land use shall comprise of,
but shall not be limited to:

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

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

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

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

(iv) All croplands required to attain a certain scale of production to
sustain the economic viability of existing agro-based industries in the
municipality, city or province; and

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

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

(3) Production forests, such as:

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

(i) All areas within forestlands considered as rangelands for

grazing purposes; and


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(iii) All areas within forestlands managed under the community-
based forest management in areas not classified as protection forests;

(4) Rangelands for grazing;

(5) Industrial development areas; and

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

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

It shall also include lands identified for institutional uses such as
educational, administrative, government, law enforcement, health care and

social services. Settlements and institutional land uses aim to ensure for the

present and future generation the: (1) effective integration of activities within
and among settlements, allowing efficient movement of people and

production of commodities through the provision of appropriate land,

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

(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


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of Filipinos, in an efficient, responsive, safe and ecologically friendly built
environment. It includes, among others, subsectors like: road networks,
transportation and communication facilities, social services, environmental
service facilities, and utilities.

Provided, That the determination of the functional uses of lands
within ancestral domains should be consistent with the land use categories
providedfor in this Act: Provided, further, That other subcategories of land
uses in delineated ancestral domains may be formulated by the concerned
ICCs/IPs themselves in accordance with their particular needs and

traditional resource and management systems.

SECTION7. Land Use Plans for Ancestral Domains. - Land use plans for
ancestral domains shall be formulated by the ICCs/IPs themselves in
accordance with their particular needs and traditional resource and
management systems with the assistance of the National Commission on
Indigenous Peoples (NCIP), the LGUs and civil society organizations (CSOs)
concerned. Such plans shall be recognized and adopted in the barangay,
city/municipal, provincial, regional and national physical framework plans.
Physical framework plans made prior to the delineation of ancestral
domains included in such plans or ordinances shall, without prejudice to
the rights of the ICCs/IPs concerned, adopt different land use categories in
accordance with their particular needs and traditional resource and

management systems.


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

SECTIONS. 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 1
LAND USE CLASSIFICATION
SECTIONS. Review of Land Use Classification. - The NLUPC shall review

and assess the current land use classification system and definitions used


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in the country to ensure that it reflects the actual use of lands in the
country.

‘The Land Management Bureau (LMB) shall provide the necessary
technical information and 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.

SECTION10. 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 2
NIPAS AREAS

SECTION11. Integrated Management Strategy. - For more effective

planning, management, and protection of protected areas at the provincial

and municipal/city levels, the Protected Area Management Plan (PAMP)

referred to in the NIPAS Law shall be incorporated in the Provincial Physical

Framework Plan (PPFP) and CLUPS, if applicable, wherein protected area

zoning shall be reflected.

ARTICLE 3

AGRICULTURAL LANDS


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SECTION12. Priority Areas for Agricultural Development. - Priority
areas for agricultural development are the areas distributed under agrarian
reform, areas that can be covered by the Comprehensive Agrarian Reform
Program (CARP), and 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.

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

All other agricultural lands not identified as prime agricultural lands
can only be converted to nonagricultural uses upon issuance of a DAR
conversion order: Provided, That such conversion shall not drastically
change the nature of the overall land uses in the surrounding and adjacent
areas from its existing land use: Provided, further, That consistent with the
State policy on giving priority to the completion of the CARP, those lands
covered under compulsory acquisition/voluntary offer to sell, production or
profit-sharing subject to CARP shall also be protected from conversion
pending the distribution and/or installation of the farmer beneficiaries:
Provided, finally, 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.


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ARTICLE 4
ANCESTRAL DOMAIN
SECTION14. Priority Areas for Agricultural Development Within
Ancestral Domain. ~ Agricultural lands within ancestral domain shall be

developed in accordance with their ADSDPP.

SECTION15. Respect for Ancestral Domains. - The Ancestral Domain
Management Plan (ADMP) or ADSDPP shall be adopted in the CLUP and/or
other plans that the LGU is mandated to produce. The extent of the
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.

SECTION16. Ancestral Domain Policy Adoption. — Ancestral domain
policies shall be adopted in the LGU’s land use policy framework. However,
in the event that the ADMP/ADSDP?P is still in the formulation stage or
remains to be formulated, the right to self-determination and traditional
resource and management systems and processes shall be upheld at all

times as provided for by the IPRA of 1997.

ARTICLE 5

FORESTLANDS AND RESERVATION OF WATERSHED


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SECTION17. Permanent Forestlands.- All forestlands are classified as
forest or timberlands. Titles, settlements, permits, leases, and/or
agreements within critical habitats, critical watershed areas, protected areas
and KBAs shall be reviewed, and their legality affirmed. All erroneous titles,
settlements, permits, leases, and/or agreements within permanent
forestlands shall be cancelled or revoked in due course. Noncompliance with
and violations of these instruments shall be grounds for their cancellation or
revocation: Provided, That the applicable provisions of the IPRA of 1997
shall be respected.

Upon recommendation by the LGU, or the Forest Board, the DENR

Secretary shall revoke the abovementioned instruments.

SECTION18. Additional Areas to be Included as Permanent
Forestlands.- The following lands are needed for environmental protection
and forestry purposes and shall not be reclassified as agricultural lands or
for any other land use:

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

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

(c) _ Ridge tops and plateaus regardless of size found within or

surrounded wholly or partially by forestlands where headwaters emanate;


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

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

() Areas considered as environmentally-critical because of their
vulnerability to damage from landslides, volcanic eruptions, and other

natural causes.

SECTION19. Reversion of Alienable and Disposable Lands to
Forestlands.- Upon the recommendation of the DENR Secretary, duly
reviewed and endorsed by the NLUPC, and after due consultations with the
concerned LGUs and the affected parties, Congress may authorize the
reversion of alienable and disposable lands of the public domain or portion

thereof to forestlands.

SECTION20. 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.

SECTION21. Formulation and Implementation of Integrated

Watershed Management Plans. - With the assistance of the DENR and


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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 LGUs concerned 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.

SECTION22. Establishment and Management of National Parks.- All
areas proclaimed by the President of the Philippines and Congress to be
under the NIPAS, unless disestablished, including those identified initial
components of the NIPAS as KBAs shall comprise the national parks
classification of the public domain. The DENR and the LGUs concerned
shall ensure that such areas are integrated in the CLUP and physical
framework plans: Provided, however, That the preparation of management
plans of protected areas/national parks shall be in accordance with the
provisions of the NIPAS Act and other laws establishing or declaring specific

areas as protection areas.

SECTION23. Establishment of Restoration Zones. — Restoration areas

shall be designated in the management plan as such. Designation of


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restoration zones is compulsory in all forest management plans and for all

LGUs.

ARTICLE 6
COASTAL ZONES

SECTION24. 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;

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

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

(4) 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 and/or members of registered


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fisherfolk organizations and/or holders of stewardship lease contracts or

titles to ancestral domains or any form of property right arrangements who

participate in coastal resource management initiatives, subject to the usual
census procedures of the Housing and Urban Development Coordinating
Council (HUDCC): Provided, That thegovernment shall issue marine tenurial
rights to organizations concerned based on a criteria to be established by
the NLUPC;

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

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

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

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

mangroves and fishponds.

SECTION25. Coastal Land Zone Subclassification. — All public lands in

the coastal zones shall be subclassified into any of the following: fishponds,


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mangroves, protection from tidal surge for preservation of biodiversity,
habitats and sanctuaries for endangered wildlife, fisherfolk settlement, or
recreational/tourism areas.

No subclassification of coastal zones to different uses shall be done
without the following:

(a) Conduct of a comprehensive inventory and resource and
environmental assessment by the DENR with respective LGUs and
accredited nongovernment organizations/ peoples organizations (NGOs/POs)
within their jurisdiction. The result of such assessment along with a list of
all existing applications and expired foreshore lease agreements shall be
posted in three (3) conspicuous places in the affected localities; and

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

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

CLUP and the subsequent zoning ordinance (ZO).

SECTION27. Tourism and Recreation Zone. - The designation of areas for
tourism and resorts near to or over fishery areas or ports thereof shall be
with the consent of the concerned LGUs and FARMCs, and subject to the

policies and guidelines set forth in this Act.


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SECTION28. Protection of Waterways, Easements and Flood Plains. -
Structures of any kind shall not be built in waterways and easements.
Pursuant to Presidential Decree No. 1067 or the Water Code of the
Philippines, the banks of rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three (3) meters in
urban areas, twenty (20) meters in agricultural areas and forty (40) meters
in forest areas, along their margins, are subject to the easement of public
use only in the interest of recreation, navigation, floatage, fishing and
salvage.

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

To promote the best interest and the coordinated protection of flood
plains, the Department of Public Works and Highways (DPWH), in
coordination with the Department of Science and Technology (DOST) and
the DENR, shall declare flood control areas, as necessary, and shall prohibit
or control activities that could damage or cause deterioration of lakes and

dikes, obstruct the flow of water, change the natural flow of rivers, increase


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flood losses or aggravate flood problems pursuant to the Water Code of the

Philippines.

SECTION29. 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 Land Use Policy Council (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 reforested with mangroves.

SECTIONGO. 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 7
MINERAL LANDS
SECTIONS1. Policies on Mineral Lands. - Land use policies for mineral

lands shall be geared towards the rational, ecologically sound, and


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sustainable use of mineral resources which shall promote economic growth
for the local economy and uphold the human rights of IPs and local

communities in the affected areas.

SECTIONS2. 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;

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

(c) Mineral reservations which have become nonoperational for
more than ten (10) years, as determined by the Mines and Geosciences
Bureau (MGB), shall be placed under appropriate surface management by
the DENR; and
(@) Ancestral domains declared as protected by virtue of their ADSDPP as

well as all watershed areas shall be closed to mining.

SECTION3S. Reversion of Mineral Lands. - All mineral lands with
exhausted mineral resources, as determined by the MGB, shall
automatically revert to their original land classification, that is, as forestland
or agricultural land. The concerned mining companies shall bear the full

cost of rehabilitation of these areas.

ARTICLE 8


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ENERGY RESOURCES
SECTIONS4. Guidelines for the Utilization and Allocation of Lands for
Energy Resource Exploration, Development, Production, Utilization,
and Distribution Purposes. - To ensure that the objectives of maintaining
ecological balance and maximizing the power potential from indigenous
energy resources in the most economical and environmentally-acceptable
means are realized, the allocation and utilization of lands shall be guided by
the following, consistent with existing regulations and laws on energy
resources:

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

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

(c) Protected areas 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


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longer used for energy purposes shall be reclassified to other land uses,
subject to existing laws covering energy reservations; and

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

SECTION35S. Reversion of Energy Resource Lands. - All exhausted
indigenous energy resource lands, as determined by the Department of
Energy (DOE), which are not covered by proclamations shall automatically
revert to the category of forestlands or agricultural lands open to disposition,
whichever is appropriate, unless the DENR shall classify such areas for
other purposes. Exhausted energy resource lands shall refer to specific
energy resource sites whose energy reserves of the desired type/s are no
longer in sufficient quantity or quality to justify additional expenditure for

their extraction and utilization.

ARTICLE 9
SETTLEMENTS DEVELOPMENT
SECTION 36. Municipalities, Cities, and Settlements Development. -
‘The development of municipalities, cities, and settlements through the CLUP
and implemented by the ZOs of cities and municipalities shall be guided by
urban zoning standards designed to maximize existing urban spaces, taking

into account studies of pertinent government agencies on climate change.


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

potential danger or risk.

SECTIONS. 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 Environment Impact Assessment
(EIA) study and to facilitate the processing of the ECC. The site or area shall
be identified in the city’s or municipality’s CLUP. For this purpose, cities
and municipalities shall establish their solid waste management program,
pursuant to Republic Act No. 9003, otherwise known as the “Ecological
Solid Waste Management Act of 2000”. Likewise, as provided under Section
33 of the Local Government Code of 1991, cities and municipalities may,
through appropriate ordinances, bind themselves towards the establishment
of a common solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in
coordination with concerned agencies, shall promulgate the necessary

guidelines and standards for the formulation and establishment of solid


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waste management programs by cities and municipalities, and shall submit

the same to the NLUPC for review and approval.

SECTION39. 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 ZO, duly approved by the NLUPC,
pursuant to existing laws and regulations. Preference shall be given to
landsproximate 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.


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

socialized housing as defined in the UDHA.

SECTION40. Zoning of Identified Sites for Socialized Housing. - The
identified sites for socialized housing shall be located in residential zones
identified by the city’s or municipality’s CLUP and ZO duly approved by the
NLUPC. However, for cities and municipalities where the identified sites are
not within the said residential zones, the location shall be within the priority
sites and conform with the suitability criteria as defined in Sections 6.3 and
6.4 of the Guidelines in HUDCC Resolution No. 521, series of 1992, or as
may be defined in subsequent issuances. The identified sites shall be zoned
as socialized housing zones as defined herein.

The current ZO of LGUs shall be reviewed and revised such that the

socialized housing component shall be integrated thereto.

SECTION41. Valuation of Lands for Socialized Housing. - Equitable

land valuation guidelines for socialized housing shall be set by the


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Department of Finance (DOF) on the basis of the market value reflected in
the zonal valuation or, in its absence, on the latest real property tax
declaration. For sites already occupied by qualified beneficiaries under the
UDHA, and sites identified as socialized housing zones as defined in this
Act, the DOF shall factor into the valuation, the blighted status of the land

as certified by the LGU or the National Housing Authority (NHA).

SECTION42. Guidelines for Identification of Settlement Sites. - In
identifying settlement areas, prospective sites should be:

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

(b) Along established urban growth directions;

(c) With provisions for or can be provided with basic services
andutilities;

(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.

SECTION43. Urban Forest or Green Space. - Each city or highly-
urbanizing municipality shall identify, designate, and allocate lands owned
by the city or municipality as urban forest or green space, based on the
guidelines and standards to be issued by the DENR and approved by the

NLUPC.


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SECTION44, Protection of Ecological Harmony. - To ensure the
ecological harmony of towns, cities and settlements, certain projects that
can alter the present use of a zoned area shall not be issued a building
permit, business permit, and/or development permit. The identification of
theseprojects shall be done in coordination with the LGU concerned. All
LGUs shall be required to designate restoration areas in their forestland use

plans.

ARTICLE 10
INDUSTRIAL DEVELOPMENT AREAS/SITES

SECTION4S. Criteria for Designating Industrial Development Areas. —
‘The identification and establishment of industrial development areas shall
conform to the provisions of the SEZA, the Comprehensive Agrarian Reform
Law (CARL), the IPRA, the UDHA, the Fisheries Code and the AFMA, taking
into consideration the following:

(a) Identified network of areas for agricultural development and
protected agricultural areas pursuant to the AFMA;

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

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

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

(ce) National and Urban Development and Housing Framework;

() Identified socialized housing zones; and


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

The designated industrial development areas shall be located only in
production land use areas and shall become an integral part of the land use
plan and ZO of the city or municipality where these areas are located. The
laws on CARP Extension with Reforms (CARPER), the IPRA, the UDHA, the
Fisheries Code, the AFMA and the Local Government Code shall apply to all
special economic zones and freeports.

ARTICLE 11

TOURISM DEVELOPMENT AREAS
SECTION46. 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, TIEZA, DOT, and other concerned
national government agencies, the private sector and the affected
communities, subject to the provisions of Republic Act 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


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mode of tourist spot operation. The laws on CARPER, IPRA, UDHA, the
Fisheries Code, AFMA, the Local Government Code and National Ecotourism
Strategy shall likewise apply to all tourist zones and tourist development
areas.

Designated areas for tourism development shall become part of the

CLUPs and ZOs of the cities or municipalities where these are located.

SECTION47. Identification and Preservation of Cultural Heritage. - In
accordance with Republic Act No. 10066 or the National Cultural Heritage
Act of 2009, the National Historical Commission of the Philippines (NHCP),
the National Museum (NM), and the National Commission for Culture and
the Arts (NCCA), in coordination with other concerned agencies, local
communities, and the private sector, shall identify and declare areas and
structures which shall be protected and preserved as part of Philippine
cultural heritage.

The NHCP and the NM, in consultation with the NCCA and the
Housing and Land Use Regulatory Board (HLURB), shall designate heritage
zones to protect the historical and cultural integrity of a geographical area
that is significant to national history.

The LGUs, in consultation with the NHCP, the NM, and the NCCA,
shall designate heritage zones to protect the historical and cultural integrity
of geographical areas and cultural spaces of intangible cultural properties,

which are significant to a city or municipality and the community.

ARTICLE 12


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INFRASTRUCTURE DEVELOPMENT
SECTION48. Allocation and Use of Land for Infrastructure
Development. - Land, whether public or private, shall be allocated and
utilized for priority infrastructure projects that are supportive of national or
local development objectives. The National Economic and Development
Authority (NEDA), in consultation with the concerned national government
agencies, LGUs, and the private sector, shall identify and periodically review,
update and/or revise the list of priority infrastructure projects under an
overall national strategic infrastructure development plan subject to the
provisions of this Act, AFMA and IPRA: Provided, That such national
strategic infrastructure development plan shall be consistent and integrated

in the objectives and directions of the NPFP.

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

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

(b) Upgrade existing facilities to international public safety
standards;

(c) Address the need for sustainable settlements development; and

{d) Mitigate the destructive effects of natural disaster-causing
phenomena or those that shall serve as alternatives to existing

infrastructure found in natural hazard-prone areas.


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

Provided, further, That the proponent of the infrastructure project
shall follow the rules on just and humane eviction or demolition under
Section 28 of the UDHA as a last resort, notwithstanding the provisions of
Republic Act No. 8975, prohibiting lower courts from issuing temporary
restraining orders, preliminary injunctions, or preliminary mandatory
injunctions, and that the proponent shall follow provisions of the IPRA,
particularly those pertaining to the rights of ICCs/IPs in case of
displacement:

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

communities.

SECTION49. Infrastructure Projects Within Geo-hazard Areas. -
Construction of priority infrastructure projects within hazard-prone areas
shall be allowed: Provided, That mitigating and/or preventive measures are
adopted and implemented to address the potential adverse economic,
sociocultural, and environmental impacts that will emanate from these

infrastructure projects, subject to the findings and recommendations of a


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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 EIA and
which pose a threat to the environment, or to the integrity of historic,
archaeological, or scientifically significant areas, or impinge on critical
ecosystems, may be terminated immediately, or gradually phased-out
and relocated, or maintained up to their life span, subject, however, to
mitigating measures: Provided, That the rules on mandatory public
hearings/consultations and just and humane eviction or demolition shall
also be observed prior to the termination, gradual phase-out, or relocation of
projects that will necessarily involve dislocation or displacement of people in

the area.

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

A set of national policy guidelines and standards for physical planning
shall be formulated by the NLUPC. These shall guide the preparation and
formulation of the national, regional and provincial physical framework

plans.


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

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

Furthermore, it shall consider the existing regional physical
framework plans (RPFPs) and 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 NPFPs,
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.


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SECTIONS1. 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 subnational levels, and indicate broad spatial
directions and policy guidelines on protection land use, production land use,
settlement development and infrastructure development. The NPFP shall be
the basis for adopting the land use and physical planning-related guidelines,
including zoning and other land use control standards that will guide the
formulation of city/municipal ZOs.

The NLUPC, in consultation with concerned sectors and communities,
shall update the NPFP after such period that objectives and goals set by the
NPFP have been substantially achieved. It shall also formulate and issue the
appropriate planning guidelines and standards through which all
physicalplanning, 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 the government at

all levels.

SECTIONS2. 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 the regional level and guide the formulation of the PPFPs.
‘The RPFP shall consider the existing PPFPs and the CLUPs of LGUs within

the territorial jurisdiction of the region.


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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 objectives 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.

SECTIONSS. 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 other sectoral and
development plans related to land, natural resources, and infrastructure
facilities, including the development plan of the province; 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 (2) or more municipalities.


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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
LGUs within its jurisdiction. The province may opt to prepare their PDP
alongside the preparation of the PPFP and consolidate them into a PPFDP:
Provided, That PPFDP shall remain consistent with the PPFP: Provided,
further, That any review or changes in the PPFP shall coincide with the
overall review process of the NPFP.

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

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

integration and formulation process of the PPFP.

SECTIONS4. City and Municipal Land Use Plans. - 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.


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

The CLUP shall delineate actual boundaries on the ground within the
territorial jurisdiction, embody the desired land use patterns of the
barangay, city or municipality, translate and integrate sectoral plans, and
provide appropriate policies for each of the four (4) land use planning
categories. The spatial directions prescribed in the CLUP shall serve as the
basis for the preparation and formulation of the Comprehensive
Development Plan (CDP) and the Local Development 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
Office /Coordinator (C/MPDO/PDC) shall provide technical, secretariat and
administrative support in the preparation, consultation, integration and

formulation process of the respective CLUPs of each city or municipality.


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‘The CLUPs shall be submitted by the city /municipal local
development councils (LDC) for adoption and approval of the
sangguniangbayan. Theapproved CLUPs shall be submitted to the province

for integration into the PPFP.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

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

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

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

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

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

and shall resolve land use policy conflicts between or among agencies,


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branches, or levels of the government. It shall integrate efforts, monitor

developments relating to land use and the evolution of policies.

SECTIONS6. Composition of the NLUPC. - The NLUPC shall be headed by
the Secretary of the NEDA as Chairperson. It shall choose a Vice
Chairperson from among the members of the Council, who shall assume the
functions of the Chairperson in case of absence. The NLUPC shall meet at
least once every quarter.

The members of the Council shall be the following:

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

(b) The Secretary of the Department of Agriculture (DA);

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

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

(ce) 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);

(h) The Administrator of the National Mapping and Resource
Information Authority (NAMRIA);

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


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

(kK) 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;

() 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 shall be a nonvoting ex officio
member.

Cabinet Secretaries who are members of the Council may designate their
duly authorized and permanent representatives whose ranks shall in no

case be lower than Undersecretary.

SECTIONS7. 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


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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;

()__ 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 and Public Investment Program (PIP), with the NPFP;

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

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

(g) _ Issue locational clearance for projects of national significance;


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

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

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

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

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

foregoing.

SECTIONS8. The NLUPC Secretariat. - The existing unit of the NEDA in
charge of Land Use and Physical Planning Division shall act as the NLUPC
Secretariat which shall perform functions such as, but not limited to,
managing information, gathering of data, coordinate the monitoring of
government agencies and LGUs, ensuring multi-stakeholder participation
towards formation of local land use policy boards, sharing of data base and
mapping systems, and reinforcing relevant assessment tools and capability
building programs.
CHAPTER VI

REGIONAL AND LOCAL LAND USE POLICY BODIES
SECTIONS. The 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


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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 polices and lower level plans;

(c) _ Review, prior to adoption by the 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 the
NLUPC;

(4) 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;

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

() 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.


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In forestland use management, where the watershed area/continuum
covers several municipalities across different provinces, an inter-LGU task
force composed of representatives from the RLUPC and the concerned
municipal local government units 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.

SECTION60. The Provincial Land Use Planning and Management
Board (PLUPMB). - The Provincial Land Use Committee (PLUC) is hereby
abolished. The PLUPMB is created in all provinces under this Act to oversee
the preparation, integration, adoption and approval of the PPFP and shall
ensure its consistency with approved national and regional planning
guidelines. The PLUPMB shall also be directly responsible for the effective
management and implementation of the approved PPFP and ensure that any
existing and future development initiatives, programs and projects
introduced within its jurisdiction are consistent with and supportive of the
land use resource management and physical planning objectives, directions

and character identified in the approved PPFP.

SECTION61. Powers and Responsibilities of the PLUPMB. - 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


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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
sangguniangpanlalawigan and for the PDC to use it as reference for
consistency and complementation with other development plans;

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

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

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

() Advise the sangguniangpanlalawigan 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


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

In cases where the watershed areas transcend the boundaries of a
particular municipality, an inter-LGU task force composed of representatives
from the PLUPMB of the municipal local government units where the

watershed area is located shall be formed.

SECTION62. 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) Provincial Planning and Development Coordinator (PPDC);

(b)} Chairperson of the SangguniangPanlalawigan Committee on
Environment and Natural Resources;

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

(d) Provincial Agrarian Reform Officer (PARO);

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

() Provincial Agricultural Officer (PAO);

(g) _NCIP Provincial Officer;

(h) HLURB Regional Officer;

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

regional planners, environmental planners, architects, geologists, geodetic


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

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

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

Aside from the PPDO, the PLUPMB may call upon other local and
national government offices and agencies such as the local Engineer,
Assessor, and local field representatives of the DA, DPWH, the Department
of Transportation and Communications (DOTC), DOT, DENR, DAR, the

Department of Education (DepED), NCIP and other concerned national


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agencies to assist the PLUPMB in the performance of its roles and
mandates.

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

subject to existing auditing and reporting procedures.

SECTION63. City/Municipal Land Use Planning and Management
Board (C/MLUPMB). - A C/MLUPMB is hereby created under this Act in all
municipalities and cities, including highly-urbanized and component cities,
to oversee the preparation, integration, adoption and approval of their
respective CLUPs. It shall issue a Certificate of Compliance prior to the
submission of the CLUP to the sanggunian to ensure the consistency of
such plans with approved national, regional and provincial planning
guidelines. The C/MLUPMB shall also be directly responsible for the

effective management and implementation of the approved CLUP and for

ensuring that existing and future local policies, including ZOs, development
initiatives, programs and projects introduced within its jurisdiction, are
consistent with and supportive of the land use resource management and
physical planning objectives, directions and character identified by the

approved CLUP.


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SECTION64. Powers and Responsibilities of the C/MLUPMB. - The
C/MLUPMB shall exercise the following powers and functions:

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

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

(c)__ Issue a Certificate of Compliance to the sanggunian as proof
that the CLUP is compliant with national land use polices, 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;

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

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


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from among the accredited organizations within their respective
development councils;

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

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

Aside from the C/MPDO/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, DepED and other concerned national agencies, to assist the

C/MLUPMB in the performance of its roles and mandates.


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

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

months from the effectivity of this Act.

CHAPTER VII

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

SECTIONG66. Approval and Review of the PPFP and the CLUPs. - The
PPFP and the CLUPs of the respective city/municipal LGUs, including highly
urbanized cities and independent component cities, shall be submitted by
the local land use boards to the LDCs for transmission to the local

sanggunian for approval.

SECTIONG7. Approval of the RPFP and the NPFP. - The RPFP and the
NPFP shall be submitted for review and approval of the RLUPC and the
NLUPC, respectively, upon the conduct of appropriate stakeholder and

agency consultations: Provided, That such processes and guidelines shall be


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government agency /stakeholders’ spatial data infrastructure plans which
shall be the basis for subsequent funding and eventual project
implementation and/or operation.

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

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

The spatial and 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 NPFP, pursuant to Section 51 of this Act.

SEC. 69. Maps for Planning. ~ Within one (1) year after the NLUPC’s
approval of the Guidelines and Standards for planning at all levels, available
NAMRIA maps and all maps made available to the NAMRIA by supporting

agencies shall be submitted to the NLUPC for national, provincial, cities and

municipalities planning. The NLUPC shall forward these maps to


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prepared and issued by the NLUPC within six (6) months from effectivity of

this Act.

CHAPTER VIII

MAPPING AND DATA MANAGEMENT
FOR LAND USE PLANNING

SECTION68. National Mapping and Spatial Data Infrastructure Program
{NMSDIP). - A national mapping program shall be implemented, coordinated
and monitored through the creation of the Inter-Agency Technical
Committee (ITC) composed of the NAMRIA as the lead agency, the Bureau of
Soils and Water Management (BSWM), the Forest Management Bureau
(FMB), the LMB, the Land Registration Authority (LRA), the Protected Areas
and Wildlife Bureau (PAWB), the MGB, the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), the DAR, the DA, the NCIP, the
National Water Resources Board (NWRB), the Department of Energy (DOE),
the National Disaster Risk Reduction and Management Council (NDRRMC),
the NEDA, and other concerned government agencies. The ITC shall be
constituted, and the mapping and spatial data infrastructure program shall
be initiated within thirty (30) days from the effectivity of this Act. The
program shall be responsible for the production of base and decision maps
and associated spatial databases for all planning levels based on the
guidelines of the NLUPC.

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

government's spatial data infrastructure master plan and respective


1 therespective PLUPMBs and C/MLUPMBs after it has reviewed and
2 approved them.
3 Pertinent maps to be produced through the NMSDIP shall include,

4 among others:

5 (a) Topographic maps;
6 (b) Geologic maps;

7 () Hydrologic maps;
8 (d) Climate maps;

9 (€) Soils maps;

10 () Slope maps;

ul (g) Mineral resource maps;

2 (h) Existing land use maps;
B () Land suitability maps for:

14 (1) Settlements;

15 (2) Agriculture;

16 (3) Industrial areas; and

17 (4) Others;

18 () Agricultural maps:

19 (1) Network of NPAAAD;

20 (2) Commodity specific development guide maps;
21 (3) Land limitation maps;

22 (4) Cropping system zones maps;

23 (5) Hydro-ecological conditions maps; and

24 (6) _ Irrigation systems maps;

25 (k) Land classification maps;


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a

(m)
a)
(2)
(3)
(4)
(5)
(a)
(0)
(P)

q)
(2)
(3)

qq)
(2)
(3)
(s)
(t)
(u)
(v)
(w)

Municipal waters delineation maps and MPAs;

Geo-hazards maps:
Flood-prone areas;

Hazard zonation maps for volcanoes;
Map of fault systems;
Tsunami-prone areas; and
Erosion-prone areas;

Tourism maps;

Transportation maps;

Traffic flow;

Maps designating areas served by:
Power;

Telecommunications; and

Water;

Maps indicating the following facilities:
Health;

Education; and

Power;

Domestic water supply;

Industrial areas;

Population distribution map;
Ancestral domain map;

NIPAS areas;

Areas suitable for urban expansion;


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(y) Watershed areas; and

(2 Forestlands:

(1) Protection areas;

(2) Production areas; and

(3) Restoration areas:

() Key biodiversity areas; and

(ii) Marine protected areas.

SECTION70. Ground Delineation of the Country’s Permanent Forest
Line. Pursuant to the Constitution and hereby provided for under this Act,
the final determination and ground delineation of the country’s permanent
forest line shall be completed within one (1) year from the effectivity of this
Act: Provided, That appropriations for the fulfillment of this provision shall
be included in the annual appropriations of the DENR: Provided, further,
‘That the complete report 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.

SECTION71. 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


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surveys and maps shall be integrated into the national spatial database
information and mapping system.

In cases of ancestral domains, self-delineation by ICCs/IPs of their
ancestral lands shall be employed to determine boundaries as provided for
under the IPRA.

SECTION72. Ground Delineation of Land Use.— For effective planning to
take place at the local level and for the easy enforcement of the ZO of each
city/municipality, land uses must be identifiable both on the map and on
the ground. A joint committee comprised of the LGU, as represented by its
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) Forestlands:

(1) Protection; and

(2) Production;

(b) Ancestral domains;

()__ NIPAS areas:

(1) _ Strict protection zone; and

(2) Multiple-use zone;

(4) Watershed areas:

(1) Critical; and

(2) Multiple use;

(e) Network of NPAAAD;

() Socialized housing sites and settlement expansion areas;

(@ __Extents of environmentally-constrained areas;


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(h) Easement areas; and
() Critical coastal areas:
(1) Mangroves; and

(2) Sea grass.

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.

SECTION73. National Geo-hazard Mapping Program. - Within thirty (30)
days from the effectivity of this Act, a nationwide geo-hazard mapping
program shall be initiated jointly through the NLUPC by the PHIVOLCS, the
Philippine Atmospheric Geophysical and Astronomical Services
Administration (PAGASA), the NAMRIA, the MGB, and the DOE,
incoordination with the NDRRMC, the Regional Disaster 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, tsunami, river erosion, coastal
erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow, base

surge, and other natural hazards.


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

NPFP shall incorporate these geo-hazard maps.

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

Report (EGGAR).

SECTION74. Scope and Nature of Responsibilities of Other National
Government Agencies. - All concerned national government
agencies/bodies shall periodically report to the NLUPC on the various
activities and accomplishments on land use. Likewise, they shall provide
their respective sectoral/development plans and provide technical and
administrative support if called upon by the NLUPC for the implementation

of the provisions of this Act.

SECTION75. 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.


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The RLUPCshalil thereafter transmit the consolidated reports to the NLUPC

for monitoring and evaluation.

CHAPTER IX

TRAINING, EDUCATION AND VALUES FORMATION
SECTION76. 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.

SECTION77. 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 1

INCENTIVES AND AWARDS


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SECTION78. Formulation of a System of Incentives and Awards. - The
NLUPC shall come up with a system of incentives and awards to LGUs that

regularly update their CLUPs/ZOs once every eight (8) years.

SECTION79. 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
governmentagencies shall give priority to cities and municipalities with

approved CLUPs and ZOs.

ARTICLE 2

SANCTIONS AND PENALTIES

SECTION80. Fine for Failure to Commence or Complete the
Development of Agricultural Lands with Approved Conversion Order. -
For agricultural lands with approved conversion orders, the provisions of
Republic Act No. 6657 (CARL), as amended by Republic Act No. 9700, shall
apply. A landowner and/or the designated developer or duly authorized
representative who fail to commence and/or complete the development plan
defined in the conversion order shall be jointly and severally penalized. The
following fines based on the zonal value or the fair market value, whichever
is higher of the land 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;


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

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

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

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

covered under the CARP for land distribution.

SECTIONS1. Persons Abetting Illegal Conversion. - Any person initiating,
causing, inducing, or abetting illegal conversion with intent shall be
punished with imprisonment or a fine in accordance with Act No. 3815 or
Republic Act No. 3019, or both, at the discretion of the court.

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

If the offender is a juridical person, the penalty of imprisonment shall
be imposed on the president, chief executive officer, manager, chairperson
and all the members of the board, and other responsible officers thereof. The
imposable fine shall be equivalent to the zonal value of the land or forty

percent (40%) of the shareholders equity, whichever is higher. Furthermore,


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the land shall be forfeited in favor of the State and sold through public
auction. The proceeds of the sale shall automatically accrue to the Agrarian

Reform Fund.

SECTIONS2. Penalty for Reclassification of Protected Agricultural
Lands and Exceeding the Limit of Areas Allowed for Reclassification.
Any person initiating, causing, inducing, or abetting the reclassification to
nonagricultural uses of protected agricultural areas as defined in Section 13
hereof shall be penalized with imprisonment of twelve (12) years or a fine of
not less than one hundred thousand pesos (P100,000.00), or both, at the
discretion of the court.

If the offender is a public official or employee, whether elected or
appointed, the penalty shall also include dismissal from service, forfeiture of
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 shall be imposed on
the president, chief executive officer, manager, chairperson and all the
members of the board, and other responsible officers thereof.

The same penalty shall be applicable to persons who will be
responsible for exceeding the limits set forth under Section 20 of the Local

Government Code pertaining to reclassification of lands.

SECTIONS3. Payment of Disturbance Compensation. - Following the
order of priority stated in Section 22 of Republic Act No. 6657, as amended

by Republic Act No. 9700, agricultural lessees and share tenants, regular


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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
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.

SECTIONS84. Authority to Impose Fines. - The DAR shall have the

authority to impose the penalty provided under the preceding sections.

SECTION85. 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.

SECTIONS6. Utilization of Fines. — The fines collected under Section 84
hereof shall automatically accrue to the Agrarian Reform Fund consistent

with the provision of the CARL.

SECTIONS7. Failure to Formulate, Implement and/or Enforce the
CLUPs and ZOs. - Consistent with due process, the NLUPC, in coordination

with the DILG, shall evaluate, review, and recommend the filing of charges


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against local chief executives and other local officials and employees
responsible for the formulation, implementation and/or enforcement of the
CLUPs in the following cases:

(a) Failure of the CLUPs/ZOs to conform to the guidelines provided
inthe 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

(4) Failure to implement and enforce the CLUP/ZO due to
negligenceof 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 noncompletion of the
CLUP;or

(b} Three (3) to six (6) months, in case of nonconformity with
theNPFP; or

(c) Six (6) to nine (9) months, in case of nonimplementation of

theCLUP.

Failure to comply with the provisions of the IPRA on the formulation of

the CLUP shall be penalized according to Section 72 of the IPRA.


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SECTIONS8. Illegal Conversion of City or Municipal Parks, Communal
Forests, and Tree Parks in Subdivisions. — Penalties in the amount of one
hundred thousand pesos (P100,000.00) to five hundred thousand pesos
(P500,000.00) or imprisonment of six (6) years and one (1) day to twelve (12)
years, or both, at the discretion of the court shall be imposed for each of the
following offenses:

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

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

(c) Setting the abovementioned forests 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.


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

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

(FCDF).

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

SECTION89. Mandatory Review Every Ten (10) Years. - The Congress
shall undertake a mandatory review of this Act at least once every ten (10)
years from its effectivity or as often as it may be deemed necessary to ensure
that land use policies and guidelines remain responsive to changing
circumstances.

For this purpose, the Congress may call on to the NLUPC to undertake

the necessary researches and consultations.

SECTION9O. Convening of the NLUPC.— Within thirty (30) days from the
effectivity of this Act, the Chairperson shall convene the NLUPC. The Head of

the NLUPC Secretariat shall immediately assume his/her position.

SECTION91. 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


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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.

SECTION92. Congressional Oversight Committee on the Land Use Act.
~ A Congressional Oversight Committee on the Land Use Act shall be
created. It shall be composed of seven (7) members from the Senate and
seven (7) members from the House of Representatives. The members from
the Senate shall be appointed by the Senate President based on proportional
representation of the parties or coalitions therein, with at least two (2)
Senatorsrepresenting the minority. The members from the House of
Representatives shall be appointed by the Speaker of the House of
Representatives, also based on proportional representation of the parties or
coalitions therein, with at least two (2) members representing the minority.

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

personnel of the committees comprising the oversight.

SECTIONS. Transfer of Powers and Functions. - The functions of the
HLURB on land use planning as provided for under Sections 5(a), 5(b}, 5(c),

5(d), 5(e), and 5(f of Executive Order No. 648, series of 1991 and Executive

Order No. 72, series of 1993, shall be immediately transferred to the NLUPC
and its appropriate subnational LGU structures, except as provided in

Section 55 hereof. Nothing in this Act shall be construed to transfer or limit


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the functions embraced within the said provisions that pertain to or relate to

HLURB nonplanning functions.

SECTION94. Appropriations. - The amount needed for the initial
implementation of this Act shall be charged against the current year’s

appropriations of the 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.

SECTIONS. 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.

SECTION96. Access to Information. — Access to records and documents
pertaining to official acts, transactions, or decisions as well as to data used
as basis for policy development by the NLUPC shall be made available to the

public.

SECTION97. Repealing Clause. - Section 10 of the AFMA and Sections
447 (a2vii) and 458 (a2viii) of the Local Government Code and their related
laws and administrative issuances are hereby modified by Section 13 hereof.
The pertinent provisions of Executive Order No. 648, Executive Order No.
72, series of 1993 and Executive Order No. 770, series of 2008, amending

Letter of Instruction (LOI) No. 1350, are also modified accordingly. Section


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11 of the AFMA as to the penalty for agricultural inactivity and premature
conversion is also modified by Section 83 hereof, LOI No. 1350, series of
1983; Presidential Proclamation No. 2282, series of 1983; and all other
general and special laws, acts, decrees, executive orders, proclamations and
administrative regulations or any part thereof which are inconsistent with

this Act are hereby repealed or modified accordingly.

All republic acts, executive orders, rules and regulations, and other
issuances or parts thereof that are inconsistent with the provisions of this

Act are hereby repealed or amended accordingly.

SECTION98. Non-impairment Clause. - Nothing in this Act shall be
construed as to diminish or, impair rights recognized, granted, or available
to marginalized or the basic sectors under existing laws including, but not
limited to, Republic Acts Numbered 7279; 6657, as amended by Republic

Act No. 9700; 8371; 8550; and 7942.

SECTION99. Separability Clause. - If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid, the other
sections or provisions not affected thereb8y shall remain in full force and

effect.

SECTION 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,