HOUSE OF REPRESENT \ TIVES:

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Republic of the Philippines pare, 30 JUN 2018
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Quezon City tiwe:_4: 20
BY.
SEVENTEENTH CONGRESS
Pita? Regulax Geasion! REGISTRATION UNIT

HOUSE BILL NO. 34 ?

Introduced by HONORABLE ROMERO “MIRO” S. 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 land 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
making body on land use. The NLUC will also be tasked to resolve land use
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.

This bill was approved by the House of Representatives on the third reading
during the 16 Congress. In view of the foregoing, approval of this bill is earnestly

sought.

ROMERO “MIRO” S. QUIMBO.
Representative
Second District Marikina City

BILLS AND INDFY SERVICE }

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

347

HOUSE BILL NO.

Introduced by REP. ROMERO “MIRO” S. QUIMBO.

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 principle that the use


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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;

(8) 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;



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(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.

SECTIONS. Scope. ~ This Act shall apply to all lands and all resources therein,
whether public, private, government-owned and/or in the possession of any person,

whether natural or juridical, and shall guide the rational, holistic and just allocation,



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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;

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

(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;

(g) Coastal area/zone refers to a band of dry land and the adjacent ocean
space (water and submerged land) in which terrestrial processes and uses directly
affect oceanic processes and uses, and vice versa. Its geographic 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;

(4) Comprehensive Land Use Plan (CLUP) refers to a document embodying a
set of policies, accompanied by maps and similar illustrations that serve as a policy
guide for determining the future use of lands and natural resources within the
territorial jurisdiction of the LGUs. It represents the community-desired pattern of
population distribution and proposes future allocation of land and resources to
various activities. It includes the processes and criteria employed in such
determination of allocation of land and resources. It is a plan for the long-term
management of the local territory covering a period of 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;



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(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;

() 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;



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(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;

(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)  Bcologicaity-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;



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(r) Ecotourism refers to a form of sustainable tourism within a natural
and/or cultural heritage area where community participation, protection and
management of natural resources, culture and indigenous knowledge and practices,
environmental education and ethics, as well as economic benefits are fostered and
pursued for the enrichment of 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 to be
economically viable for exploration, development, production, utilization, and
distribution purposes;

(u) Environmentalty-critical areas refer to areas declared by law as
() 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 marshland:

(xiv) foreshore lands; (xv) protected

areas pursuant to Republic Act No. 7586 or the NIPAS Act of 1992; and (xvi) areas set



1 aside as aesthetic potential tourist spots. This term shall also include other terrestrial,
2 aquatic and marine areas that need special protection and conservation measures

3. because they are ecologically fragile or they are needed for food security and food self-
4 sufficiency as determined by concerned agencies and LGUs in consultation with the

5 concerned stakeholders;

7 (v) Exhausted minerat resources refer to a situation where the mineral

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

9 additional expenditure for extraction or utilization;

10 (w) Flood plain refers to the portion of a river valley adjacent to a river

11 channel which is covered with water when the river overflows its banks at flood stages,
12 and which usually consists of silt deposited by the stream;

B (x) Flood-prone areas refer to low lying areas usually adjacent to large or

14 active water bodies and which therefore experience regular or seasonal inundation as.
15 a result of changes in the mean water level of these bodies or because of land

16 reclamation and other artificial interference with the natural processes;

17 () Food security refers to the policy objective of meeting the food availability,
18 accessibility, and affordability requirements of the present and future generations of
19 Filipinos in a sustainable manner, through local production or importation in cases of
20 _ shortage based on a micro level situation, or both, and taking into account the

21 country’s existing and potential resource endowments and related production

advantages, and consistent with the overall national development objectives and

23 policies;



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

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

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

(co) 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;

(ee) 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;



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(f) 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;

(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;



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

i) Integrated watershed management refers to a planning strategy or
program for watershed areas that complement environmentally-sound soil and water
management practices with mechanisms for ensuring greater responsibility,
involvement, or participation of individuals, groups, communities and other
stakeholders benefiting from these areas and water-related infrastructure;

(kk) Key Biodiversity Areas (KBAs) 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;

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

(mm) Land subclassification refers to the act of determining and assigning
Specific uses of classified lands such as 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;

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

(pp) Mandatory public hearings/consultations refer to the mechanism to

ensure the involvement of concerned stakeholders and communities in land use



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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;

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

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

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

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

(uu) Municipal waters 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



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

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

(x) National park refers to forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set aside as
such exclusively to conserve the area or preserve the scenery, natural and historic
objects, wild animals and plants therein and to provide enjoyment of these features in
such areas. It shall also refer to lands and waters of the public domain classified as

such in the 1987 Constitution which include all areas under the NIPAS pursuant to



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the NIPAS Act of 1992, primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity;

(yy) Network of Protected Areas for Agriculture and Agro-industrial
Development (NPAAAD) refers to agricultural areas identified by the Department of
Agriculture (DA) through the Bureau of Soils and Water Management (BSWM), in
coordination with the National Mapping and Resource Information Authority
(NAMRIA), in order to ensure the efficient utilization of land for agriculture and agro-
industrial development and 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 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:

(22) 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;



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(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 eflects of inappropriate resource utilization on food security, the people’s
welfare, and their environment;

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

(ddd) Prime agricultural tands 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
enyironmentally-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



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

(ahh) 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 shalll 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;

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

(kek) 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;

(i) Resettlement sites refer to areas identified by the appropriate national

agency or by the LGU, with respect to areas within its jurisdiction, which shall be used



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for the relocation of the underprivileged and homeless, as defined under Republic Act
No. 7279 or the Urban Development and Housing Act (UDHA);

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

(ann) 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;

(qaq) Settiements 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;

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

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

to international and regional spatial data infrastructure;



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(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
PambansaBig. 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;

(wy) 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;

bom) Sustainable development refers to the development objective of meeting
the needs of the present generation without compromising the ability of future
generations to meet their own needs consistent with the principles of social equity,

efficiency, and environmental integrity;



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

(cece) Tourist spot refers to a particular area/site/spot, 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;



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(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;

(cee) 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;

(ffi) 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;

(ggg) Urban forestry or green space refers to the establishment or setting-up of
areas for mini-forests, ecoparks or small nature parks, in 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;



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(iii) 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;

(kick) 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

(ill) 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 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:



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(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 ptime agricultural lands from any other land
use, conversion, disposition, intrusion, utilization and development aside from their
determined use and limits;

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

(4) 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;



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

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

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

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

migration, and alter seasonal flood regimes.

SECTIONG. 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:

(2) 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,



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educational, cultural and historical significance, aid and protect people and human-
made structures from the ill-effects of natural hazards.
Areas under this category are those covered by the NIPAS Act of 1992 and other

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

limited to:
(1) Natural and restored forests, which consist of:
() _Allexisting areas within forestland containing primary and secondary

forests of whatever types of species;

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

(ii) Areas identified as KBAs;

(iv) Restoration areas;

(%) All mangrove forests;

(vi) 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) Rehabilitated and/or reforested degraded mining areas;

(3) Critical ecosystems for protection, such as:

i) Coral reefs;

(i) Marshes and wetlands;

(ii) Lakes and rivers;

(iv) Caves; and



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() Waterfalls;

(4) Disaster-prone areas that include areas subject to, or may besubject to:
() Recurrent flooding;
(i) Liquefaction;

(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

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which are not classified for protection land use as defined in this section. Areas
included in this category are agricultural lands, coastal and marine zones, production
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 aluvial 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

(») 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:

() 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

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(ii) 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.

(4) Infrastructure Land Use refers to the use of land dedicated to the
provision of basic services that foster economic and other forms of integration
necessary for producing or obtaining the material requirements of Filipinos, in an

efficient, responsive, safe and ecologically friendly built environment. It includes,



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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) concemed. 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
ICOs/IPs concerned, adopt different land use categories in accordance with their
particular needs and traditional resource and management systems.

In cases where there are no ADSDPPs, the 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



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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 Il
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 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
iniformation 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.


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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
SECTION 12. 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.

SECTION13. Conversion of Agricultural Lands. - All lands considered and

identified as prime agricultural lands shall be maintained, managed and protected for



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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.

ARTICLE 4

ANCESTRAL DOMAIN
SECTION 14. 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-


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managed by the LGU and IP community. Additionally, the ADSDPP shall be included

in the investment plans of the LGU.

SECTION 16. Ancestral Domain Policy Adoption. - Ancestral domain policies shall
be adopted in the LGU’s land use policy framework. However, in the event that the
ADMP/ADSDPP is still in the formulation stage or remains to be formulated, the right
to self-determination and 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

SECTION17. Permanent Forestiands.— 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 abovernentioned instruments.

SECTION 18. Additional Areas to be Included as Permanent Forestlands.— The
following lands are needed for environmental protection and forestry purposes and

shall not be reclassified as agricultural lands or for any other land use:



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{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;

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

(d) Twenty (20)-meter wide strips of land from the edge of the normal high
waterline of rivers and streams with channels of at least five (5) meters width which

are not yet classified as alienable and disposable;

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


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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 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

commiunity and other stakeholders in the implementation of the plan.

SECTION22. Establishment and Management of National Parks. All arcas
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

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SECTION23. Establishment of Restoration Zones. — Restoration areas shall be
designated in the management plan as such. Designation of restoration zones is

compulsory in all forest management plans and for all LGUs.

ARTICLE 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 2 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 fisherfolk organizations and/or holders of stewardship

lease contracts or titles to ancestral domains or any form of property right



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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;

(9 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, mangroves, protection

from tidal surge for preservation of biodiversit

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

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



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(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 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.

SECTION30. 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 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;



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(©) 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.

SECTION33. 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
ENERGY RESOURCES

SECTION34. 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;



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(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;

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

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

SECTIONS5. Reversion of Energy Resource Lands. ~ All exhausted

indigenous energy resource lands, as determined by the Department of Bnergy (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.



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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.

SECTIONS7. 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.

SECTION38. 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



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Government Code of 1991, cities and municipalities may, through appropriate
ordinances, bind themselves towards the establishment of a common solid waste
management program.

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

approval

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.

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; Bxecutive 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 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;

(a) Within the 0-8% slope range; and

(©) 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.

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



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with the LGU concerned. All LGUs shall be required to designate restoration areas in

their forestland use plans.

ARTICLE 10

INDUSTRIAL DEVELOPMENT AREAS/SITES
SECTION45. 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;

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

(e) National and Urban Development and Housing Framework;

(p Identified socialized housing zones; and

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

The designated industrial development areas shall be located only in production
land use areas and shall become an integral part of the land use plan and ZO of the
city or municipality where these areas are located. 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.



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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 inchide those
covered by legislative and executive issuances such as tourist spots, tourist zones and
tourism ecozones which can be developed into tourism estates or integrated resort,
leisure and recreation complexes and other tourism-related facilities as well as those
identified in the national, regional, and area-specific tourism master plans and other

sector plans, such as ecotourism and agri-tourism sites:

Provided, That such sites
designated for tourism development are outside of areas identified for protection land
use. As much as practicable, community-based tourism shall be the principal mode of
tourist spot operation. 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

INFRASTRUCTURE DEVELOPMENT
SECTION4S. 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.



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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;

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

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

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

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

Provided, further, That the proponent of the infrastructure project shall follow
the rules on just and humane eviction or demolition under Section 28 of 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:


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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 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



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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.

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.



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‘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.

SECTIONS 1. 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.


‘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.

SECTIONS3. 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.

‘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. 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.

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

be submitted to the province for integration into the PPFP.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM
SECTIONSS. 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



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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, 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);



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

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

(e:) The Chairperson of the National Commission on Indigenous Peoples
(NIP);

() ‘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);

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

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

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

(<) Two (2) representatives each from four (4) basic sectors directly involved
in land use, namely: urban poor, peasants, fisherfollx, 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 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 neéds;

(ce) Ensure that policies, guidelines and standards on land use and physical
planning, inchuding 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;

(a) 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;

(c) 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



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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;

(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;

(i) 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.

SECTIONSS. 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
shail 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

SECTIONS9. 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 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;

(ce) 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;

{e) 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;
(2) 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



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

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 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;

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

(4) 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;

(ce) 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

(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;

(4) Provincial Agrarian Reform Officer (PARO);

{c) Provincial Environment and Natural Resources Officer (PENRO);

() Provincial Agricultural Officer (PAO);

(g)  NCIP Provincial Offic

(h) HLURB Regional Officer;

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

development councils;


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(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 agencies to assist the PLUPMB in the performance
ofits 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.

4 SECTION63. City/Municipal Land Use Planning and Management Board

5. (C/MLUPMB). - A C/MLUPMB is hereby created under this Act in all municipalities

6 and cities, including highly-urbanized and component cities, to oversee the

7 preparation, integration, adoption and approval of their respective CLUPs. It shall

8 issue a Certificate of Compliance prior to the submission of the CLUP to the

9 sanggunian to ensure the consistency of such plans with approved national, regional
10 and provincial planning guidelines. The C/MLUPMB shall also be directly responsible
11 for the effective management and implementation of the approved CLUP and for
12. ensuring that existing and future local policies, including ZOs, development initiatives,
13 programs and projects introduced within its jurisdiction, are consistent with and

14 supportive of the land use resource management and physical planning objectives,

15. directions and character identified by the approved CLUP.

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17 SECTIONG4. Powers and Responsibilities of the C/MLUPMB. — The C/MLUPMB

18 shall exercise the following powers and functions:
19 (a) Ensure the inclusion of the input of the barangays within the jurisdiction
20 of the respective city /municipality on sectoral, temporal and spatial dimensions of the
21 plan and its consistency with approved national, regional and provincial planning
22 guidelines;
23 (b) Review, monitor and assess the implementation and operationalization of
24 the approved CLUP and its consistency with physical planning and land use

25 management objectives and goals identified in the CLUP;



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

(a) 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;

(@) Advise the sangguniangbayan on all matters pertaining to land use and
physical planning; and

(h) Promote cooperation and sharing of resources between and among its
barangays and neighboring LGUs to address common land use and development
issues, including those related to geo-physical hazards, watershed and river basins,

coastal and marine waters, climate change impact and disaster risks.

SECTION6S. Composition of the C/MLUPMB. ~ The C/MLUMPPB shall be composed
of the following thirteen (13) members and shall be headed by a Chairperson:

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

(b) Chairperson, Sangguniang Bayan Committee on Environment and

Natural Resources;



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{c}_ President of the Association of Barangay Captains (ABC);

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

(e) LGU Environment and Natural Resources Officer (City/MunicipalENRO);

(9 Municipal Agriculture Office (MAO);

(g) Three (3) representatives from the local business/private sector; 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; and association /chamber of commerce,
who shall be appointed from among the accredited organizations within their
respective development councils;

(h) Four (4) representatives from the basic sector groups (urban poor,
fisherfolk, farmers and indigenous peoples}: Provided, That at least two (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



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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.

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

SECTION66. 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.


SECTION67. 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 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

SECTION6S. 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 government agency/stakeholders’ spatial



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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 therespective PLUPMBs and C/MLUPMBs after it has reviewed

and approved them.



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Pertinent maps to be produced through the NMSDIP shall include, among

others:
fa)
(b)

(b)
(i)

(1)
(2)

(4)
@)

Q
(2)

(4)
(5)
(6)
(k)

0)

Topographic maps;
Geologic maps;
Hydrologic maps;
Climate maps;

Soils maps;

Slope maps;

Mineral resource maps;
Existing land use maps;
Land suitability maps for:
Settlements;
Agriculture;

Industrial areas; and
Others;

Agricultural maps:

Network of NPAAAD;

Commodity specific development guide maps;

Land limitation maps;

Cropping system zones map:

Hydro-ecological conditions maps; and

Irrigation systems maps;

Land classification maps;

Municipal waters delineation maps and MPAs;



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(m)
(1)
(2)
@)
(4)
{5)
(a)
{o)
(p)
(a)
(1)
(2)
(3)
(r)
a
(2)
(3)
(s)
i)
(a)
()
(w)
(x)
y)
2

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;
Watershed areas; and

Forestlands:



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(1) Protection areas;

(2) Production areas; and

(3) Restoration areas:

Key biodiversity areas; and

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 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.



we

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

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given priority:

(a) Forestlands:
Q) Protection; and

(2) Production;

(b) Ancestral domains;

(ce) NIPAS areas:

(1) Strict protection zone; and

(2) Multiple-use zone;

(@) Watershed areas:

(1) Critical; and

(2) Multiple use;

(e) Network of NPAAAD;

a) Socialized housing sites and settlement expansion areas;
(g) __Extents of environmentally-constrained areas;
(b) Basement areas; and

() Critical coastal areas:

(1) Mangroves; and

(2) Sea grass.


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

All maps shall be updated as new important information and data become
available or as determined by urgent need. Updating of maps shall be undertaken not

more often than every ten (10) years.

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 NDRRMG, 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.

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.



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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
20s. ~The local land use boards shall submit their annual report on the
implementation of their land use plans to their respective sanggunian which shall
submit the same to the RLUPCs for consolidation. The RLUPCshall 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.



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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
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


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SECTIONS0. 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;

(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



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imprisonment or a fine in accordance with Act No. 3815 or Republic Act No. 3019, or

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

If the offender is a juridical person, the penalty of imprisonment shall be
imposed on the president, chief executive officer, manager, chairperson and all the
members of the board, and other responsible officers thereof. The imposable fine shall
be equivalent to the zonal value of the land or forty percent (40%) of the shareholders
equity, whichever is higher. Furthermore, the land shalll 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.


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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.

SECTIONSS. 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 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, shail 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.

SECTIONSS. 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.


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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.

SECTIONS87. Failure to Formulate, Implement and/or Enforce the CLUPs and
20s. - Consistent with due process, the NLUPC, in coordination with the DILG, shall
evaluate, review, and recommend the filing of charges against local chief executives
and other local officials and employees responsible for the formulation,
implementation and/or enforcement of the CLUPs 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;

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

(d) 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.


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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.

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) Mlegally 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

(a) 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 praducts destroyed without prejudice to payment of the
full cost of rehabilitation of the areas, as determined by the DENR.

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

same offense for the third time or more.



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

If not suitable for use by the DENR, said improvements, vehicles, domestic animals
and equipment shall be sold at public auction 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 Fy
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 trom 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 selection of the members of the

C/MLUPMB and the PLUPMB. It shall take effect fifteen (15) days after its complete


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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.

SECTION93. 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() 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 the functions embraced within the said provisions that

pertain to or relate to HLURB nonplanning functions.



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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.

SECTIONSS. 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. Repeating 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 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.


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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,