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

Fifteenth Congress
First Regular Session

HOUSE BILL NO.U 43

Introduced by the Honorable Aurora Enerio-Cerilles

AN ACT INSTITUTIONALIZING A NATIONAL LAND USE POLICY,
PROVIDING THE FRAMEWORK AND MECHANISMS FOR IMPLEMENTING
THEREOF

Explanatory Note

Land as a finite resource has been indiscriminately used in the past. Now in a
state of degradation due to incompatible uses, it is necessary for the State to
institutionalize a national rationalized land use framework that will ensure the
protection of land as a resource for the generations to come.

Thus it is essential for the State to intervene and implement a sound Land Use
Policy that will promote Rational Land Use Patterns; Sustainable Development;
Equitable Access to Natural Resources; Food Security; and Maintenance of the
Integrity of the Environment through the adoption of an Integrated Planning
Network; Holistic Multidisciplinary Support System; Emphasis on Co-
Management and Empowerment of Local Planning Level and Cost Effective
Measures.

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

AURO! NERIO-CERILLES


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

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 1348

Introduced by the Honorable Aurora Enerio-Cerilles

AN ACT INSTITUTIONALIZING A NATIONAL LAND USE POLICY,
PROVIDING THE FRAMEWORK AND MECHANISMS FOR IMPLEMENTING
THEREOF

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

Title |
General Provisions

Chapter 1
Title and Declaration of Principles and Policies

SECTION 1. Short Title - This Act Shall be known as the “National Land Use
Code of 2010".

SECTION 2. Declaration of Policy — It is hereby declared the policy of the State
to pursue policies that will guide and improve the utilization, allocation,
development and management of land resources including water resources, to
ensure their optimum use, under the principles of social equity, economic growth
and efficiency, justice and sustainability consistent with the provisions of the
Constitution

Toward this end, the State shall adopt a land use and allocation pattern that
promotes and ensures:

(a) Food security through efficient and sustainable use of land resources;

(b) Sound population distribution and settlements development;

(c) Rational and sustainable economic growth and balanced and
dispersed industrial and tourism development in tune with the
Principles of sound agricultural development;

(d) Sustainable use of natural resources:

(e) Maintenance and preservation of the environment:

(f) Conservation of soil and water resources:

(g) Reduction of vulnerability to natural and man-made disasters; and

(h) Harmony between the rights and the varied interests of every Filipino

within the framework of people empowerment and the greatest good
for the greatest number.


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Through appropriate measures, the State shall encourage the utilization and
allocation of the land that would promote the interest of the majority of our
society.

Guided by the principle that land ownership bears a social function and that all
economic agents shall contribute to the common good, all lands shall be
developed and conserved appropriately/ adequately, thus ensuring their highest
contribution to national productivity and environmental stability.

The State shall institutionalize land use and physical planning as a mechanism
for identifying, determining and evaluating alternative land use patterns. This
shall be supported by a national land use classification, delineation and allocation
system and a land resource information and management system.

The State shall share the powers, functions, responsibilities and accountability
between the national and local governments.

The State shall respect the rights of people and their organizations to reasonable
and effective participation, at all levels of decision making, on the utilization and
allocation of land resources so as to achieve common good and the objectives of
national development.

Chapter 2
Coverage and Scope

SECTION 3. Coverage — In accordance with the aforesaid policies, the effective
scope of this act will be the entire territorial jurisdiction of the Republic of the
Philippines.

SECTION 4. Scope — This Act shall be the guide in the use, allocation and
management of lands and other resources included in this Act, as well as
activities which bear impact on said resources.

SECTION 5. Interpretation of the Act — Doubts in the implementation and
interpretation of provisions in this Act, including its implementing rules and
regulations shall be resolved in favor of:

(a) The preservation and conservation of land and water resources;

(b) Fair access and use of land and other natural resources for
‘sustainable livelihood.

(c) Greater responsibility and authority of the government to regulate
the allocation, utilization, development and management of land
and water; and

(d) The reconciliation of private interests with the public good, under
the due process law.

(e) Respect for existing and/or vested rights, under the equal
protection of laws.


Chapter 3
Definition of Terms

SECTION 6. Definitions. Under this Act, the following terms shall mean:

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

b. Agroforestry Areas - refer to areas allotted for the implementation
of a sustainable land management system -characterized by an
integrated production of agricultural crops, tree crops and forest
plants and/or animals and the application of management practices
which are compatible with the cultural patterns of the local
‘community.

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 the Public
Land Act as amended.

d. Ancestral Domain - Refers to all areas generally belonging to
ICCs/IPs comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of ownership,
‘occupied or possessed by ICCs/IPs, by themselves or through their
ancestors, communally or individually since time immemorial,

* continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary
dealings entered into by government and private
individuals/corporations, and which are necessary to ensure their
economic, social and cultural welfare. It shall include ancestral
lands, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise,
hunting grounds, burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional
activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;

e. Coastal Zone - refers to a strip of land and water area with the
seaward boundary running along a line at which the depth of water
is 200 meters or when it is three (3) kilometers from tile shoreline,
whichever is farther, while the landward boundary is one (1)
kilometer from the same shoreline or from the topographical or
plant or vegetation features associated with the sea, again,
whichever is farther.

f. CPDO — City Planning and Development Office


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g. Ecologically-Fragile Agricultural Lands - refer to lands within the
critical watershed, brackish and freshwater wetlands and pasture
lands whose continued development would adversely affect the
productivity of lowland agricultural areas and the stability of the
upland system.

h. Environmentally Critical Areas - declared by law refer to as: (a)
areas for natural parks, watershed reserves, wildlife preserves, and
sanctuaries; (b) areas set aside as aesthetic potential tourist spots;
(c) areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine wildlife (flora and
fauna); (d) area, of unique historic, archeological, or scientific
interests; (e) areas which are traditionally occupied by cultural
communities and tribes; (f) areas with critical slopes; (g) areas
frequently visited and/or hard hit by natural calamities (geologic
hazards, floods, typhoons and volcanic activities); (h) areas
classified as prime agricultural lands; (i) recharge areas of aquifers;
(i) waterbodies; (k) mangrove areas; and, (1) coral reefs.

i. Food Security - refers to the policy objective of meeting the food
requirements of the present and future generation of Filipinos in a
sustainable manner, either through local priAuction or importation,
or both, based on the country's existing and potential resource
endowments and related production advantages, and consistent
with the overall national development objectives and policies.

J. Forestlands - refer to those lands of the public domain which have
been subjected to land evaluation and classification and have been
legally designated for multiple uses such as production forest,
agroforestry, rangeland forestland reservations, inland water
bodies, protection forests, resettlements and military reservations.

k. Forestlands — refer to lands of the public domain classified as the
public forest, permanent forest or forest reserves and forest
reservations.

|. Forest Land Sub classification - refers to the process of
determining the most appropriate and sustainable use of
forestlands such as for forest protection, production forest, national
parks recreation areas; grazing/pasture, and others taking into
consideration ecological, social and economic considerations.

m. Grazing Lands - refer to lands of public domain set aside, in view

of the suitability of topography and vegetation, for the raising of
livestock.

n. Government-Owned Lands - refer to alienable and disposable
lands which are owned by and/or titled in the name of a national or
local government agency or instrumentality.

. Hazard and Disaster Prone Areas - refer to areas prone; to
natural hazards, specifically weather/climatic, hydrologic and
geologic. These include: (a) weather and water related hazards
such as tropical cyclone winds, tropical cyclone rains, storm surge,
flood, and drought; (b) climatic change and variability related
hazards such as accelerated sea level rise, changes in precipitation
pattems, temperature increase, changes in El Nino intensity and


frequency deterioration of water availability and quality, changes in
tropical cyclone and monsoonal activity and incidence of pests and
diseases; (c) earthquake induced hazards which are characterized
by ground shaking, ground rupture, liquefaction and lateral
‘spreading, landslides and tsunami; (d) volcanic hazards which
include lava and pyroclastic flow, airfall, lahar, and edifice failure;
and, (e) erosion related hazards which could be soil, river and
coastal.

. Idle Lands - refer to the following: (a) Agricultural lands, more than

one (1) hectare in area, suitable for cultivation, dairying, inland
fishery, and other agricultural uses, one half (1/2) of which remain
uncultivated and unimproved, unutilized by the owner of the
property or person having legal interest therein. Agricultural lands
planted to permanent or perennial crops with at least fifty (50) trees
to a hectare and lands actually used for grazing purposes shall not
be considered idle lands; (b) Lands, other than agricultural, located
in a city or municipality, more than one thousand (1,000) square
meters in area one-half (1/2) of which remain unutilized or
unimproved by the owner of the property or person having legal
interest therein. Regardless of the size of the land area, idle lands
shall likewise apply to residential lots in subdivisions duly approved
by proper authorities, the ownership of which has been transferred
to individual owners.

Indigenous Cultural Communities - refer to a group of people or
homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under
Claims of ownership since time immemorial, occupied, possessed
and utilized such territories, sharing common bonds of language,
customs, traditions and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs
Shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all
of their own social, economic, cultural and political institutions, but
who may have been displaced from their traditional domains or who
may have resettled outside their ancestral domains;

Irrigable Lands - refer to lands which display marked
characteristics justifying the conduct of studies to determine its
feasibility/viability for irrigation.

. Irrigated Lands - refer to lands serviced by natural irrigation or

irrigation facilities. These include lands where water is not readily
available as existing irrigation facilities need rehabilitation or
upgrading or where irrigation water is not available year-round.

Land Classification - refers to the process of assessing the bio-
Physical features and characteristics of the lands of the public

domain, including their survey and mapping as provided for in the
Constitution


u. Land Reclassification - refers to the process of allocating the
declared alienable or disposable lands of the public domain to
specific uses such as agricultural, residential, industrial or
commercial.

v. Land Use Conversion - refers to the process of changing the
current use of a piece of land into some other use.

w. Land Use - refers to the manner of utilization of land, including its
allocation, development and management.

x. Land Use Plan - refers to a document embodying a set of policies
accompanied by maps and similar illustrations which represent the
community-desired pattern of population distribution and a proposal
for the future allocation of land to the various land-using activities,
in accordance with the social and economic objectives of the
people. It identifies the location, character and extent of the area's
land resources to be used for different purposes and includes the
Process and the criteria employed in the determination of the land
use.

y. 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 qualities of the land
itself and supportive of sustainable economic, demographic, socio-
cultural and environmental objectives as an aid to decision making
and legislation.

z. Mineral Lands - refer to lands in which minerals exist in sufficient
quantity or quality to justify the investment necessary for their
extraction and/or development.

aa. MPDO — Municipal Planning and Development Office

bb. National Parks — refer to forestland reservations 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, the
natural and historic objects, wild animals and plants therein and to
provide enjoyment of these features in such areas.

cc. Permanent Forest or Forest Reserves - refer to lands of the
Public domain which have been sub classified as such and
determined to be needed for forest purposes.

dd. Physical Framework Plan - refers to an indicative plan promoting
the most appropriate and rational use of land and other physical
resources. It provides policy guidelines for all decisions relating to
land use and environmental management to prevent or mitigate the
adverse effects of inappropriate resource utilization on the people's
welfare and their environment. It embodies both policies and
strategies necessary to carry out goals and objectives.

ee. PPDO — Provincial Planning and Development Office


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ff. Production Land Use - refers to the direct and indirect utilization
of land to generate outputs resulting from the following activities:
agricultural, fish farming or aquaculture, timber or agro-forestry,
grazing and pasture, mining, industry and tourism.

gg. Production Forest - refers to forestland managed primarily for the
production of timber and other tree products. These lands include
natural and artificially regenerated forests.

hh. Protected Areas - refer to identified 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.

ii. Protection Land Use - refers to the utilization of land primarily for
the rehabilitation, conservation and protection purposes and the
promotion of the country's ecological and life support system,

jj. Protection Forest - refers to forestland and public forest
maintained primarily for their beneficial influence on soil and water
in particular and the environment in general.

kk. Public Domain - refers to lands which belong to the State which
may either be agricultural, forests or timber mineral or national park
as provided for in the Constitution.

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

mmm. Public Forest - refers to the mass of land of the public domain
which has not been the subject of the present system of
Classification for the determination of which lands may be needed
for forest purposes.

nn. Rural Areas - refer to areas not otherwise defined as urban,

00. Settlements - refer to communities or built-up environment where
people prefer to live in.

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

qq. Socialized Housing - refers to housing programs and projects
covering houses and lots or home lots only undertaken by the
Government or the private sector for the underprivileged and
homeless citizens which shall include, sites and services
development, long term financing, liberalized terms on interest
Payments and such other benefits in accordance with the
provisions of the Urban Development and Housing Act or RA 7279.


tr. Sustainable Development - refers to the development objective of
meeting the needs and aspirations of the present generation of
Filipinos without compromising the capabilities and opportunities of
future generations to fulfill theirs, consistent with the principles of
social equity, efficiency and environmental integrity.

ss. 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, and recreation complexes, and other
tourism related facilities.

tt. Tourism Estates - refer to large tracts of land with defined
boundaries which are suitable for development of integrated resort
complexes with prescribed carrying capacities of tourist facilities
and activities.

uu.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.

w. Underprivileged and Disadvantaged Group - refers to small
farmers, fisherfolks and small-scale miners and the vulnerable and
marginalized groups such as the youth, woman, disabled, and
urban poor.

ww. Water Resources - refer to water under the ground, water above
the ground, water in the atmosphere and waters of the sea within
the territorial jurisdiction of the Philippines.

xx. Watershed - refers to a catchment area or drainage basin from
which the waters of a stream or stream systems are drawn. Critical
watershed is a water catchment of a river system which need
immediate rehabilitation and protection on account of fast
denudation leading to accelerated siltation and destructive floods
primarily because of its support to existing, proposed or on-going
hydro-electric plants, irrigation systems, local waterworks systems
and domestic water facilities.

yy. Zoning - refers to the regulatory tool for delineating the specific
uses of lands within the territorial jurisdiction of a city/municipality
and specifying the conditions for their regulation, subject to the
limitation imposed by law, or competent authority in accordance
with the approved land use plan.

zz. Zoning Ordinance - refers to a local legislation approving the
development control/zoning plan and providing for the regulations
and other conditions, on the uses of land including the limitation on
the infrastructures that may be placed thereon within the territorial
jurisdiction of a city or municipality.


Title it
Land Use Planning Framework

Chapter 4
Planning Framework

SECTION 7. National Planning Framework — For comprehensive and coherent
planning, a combined top-down and bottom-up approach shall be applied for the
national planning framework which shall serve as the backbone of planning in the
country. The framework is comprised of the following plans:

a. National Physical Planning Framework (NPPF) — A comprehensive 30-
year plan that defines the objectives, policies, and strategies on the
indicative uses of land and other physical resources of the country from a
national and regional standpoint that will be anchored on the principles of
sustainable development for the attainment of food security,
environmental stability and ecological integrity, rational urban
development, spatial integration of consumption and production areas,
equitable access to physical and natural resources, private-public sector
partnership, people empowerment, recognition of the rights of indigenous
People, and market orientation for allocation of land and physical
resources. It shall be comprised of the following Volumes:

Volume 1: National Framework
Volume 2: Framework for Region |
Volume 3: Framework for Region II
Volume 4: Framework for Region Il!
Volume 5: Framework for Region IV-A
Volume 6: Framework for Region IV-B
Volume 7: Framework for Region V
Volume 8: Framework for Region VI
Volume 9: Framework for Region VII
Volume 10: Framework for Region VIII
Volume 11: Framework for Region IX
Volume 12: Framework for Region X
Volume 13: Framework for Region XI
Volume 14: Framework for Region XII
Volume 15: Framework for Region XIII
Volume 16: Framework for CAR
Volume 17: Framework for ARMM
Volume 18: Framework for NCR

b. Provincial Physical Framework Plan (PPFP) — A plan that defines in
detail the indicative uses of land and other physical resources in the
Province which serve as basis for other sectoral plans related with land,
natural resources, and infrastructure facilities; reconciliation and
rationalization of land use proposals among adjoining localities and with
the higher level framework plan; guiding development agencies and
Private developers, particularly those that undertake large-scale projects,
on the proper location of such projects; and providing a basis for
adjudicating conflicts arising from the implementation of land use plans

and development projects that straddle the boundaries of two or more
municipalities.


c. Comprehensive Land Use Plan (CLUP) — A plan that determines the
specific uses of land and other physical resources within the territorial
jurisdiction of the municipality that interprets and adapts national, regional,
and provincial policies to physical and environmental conditions of the
locality, adopts a desired urban form as the organizing concept in the
location of various land using activities, and serves as the basis for the
municipality's / city’s development and investment plans, programs, and
for the enactment of a comprehensive zoning ordinance and other
regulatory measures.

SECTION 8. Interrelationship of Plans — The plans described in Section 7
hereof shall have the following relationships:

a. The NPPF shall serve as the top level plan that shall serve as a guide for
lower level plans.

b. The PPFP shall define the objectives, strategies and indicative uses of
land and other physical resources within the context of the province,
consistent with the national objectives and strategies and shall serve as
basis for the preparation of the land use plans of its component cities and
municipalities.

c. The CLUP shall translate the objectives, strategies, and indicative uses of
land and other physical resources proposed in the PPFP into specific uses
and shall serve as the basis for the preparation of the zoning plan and
ordinance to include embodiment of local aspirations concerning desirable
physical development and growth of the locality.

SECTION 9. Plan Preparation — The following plan preparation scheme shall be
observed:

a. The NPPF shall be prepared and updated by the NLUC
b. The PPFP shall be prepared and updated by the PPDO thru the Provincial
Development Council

c. The CLUP shall be prepared and updated by the MPDO for municipalities
or CPDO for component cities thru the Local Development Council

Chapter 5
Land Use Classification

SECTION 10. Classification of Land Uses — For consistency in planning at all
levels, the land use classification to be used for all plans described in Section 7
are:

. Protection Land Use;

. Production Land Use;

. Settlements Development; and
. Infrastructure Development

eooD

SECTION 11. Protection Land Use — Classification of land use that
encompasses sensitive/ | terrestrial, freshwater, and marine ecosystems
and resources that are in need of protection, preservation, rehabilitation,
conservation, and appropriate management for the preservation of their integrity,

regeneration of degraded resources, and protection from environmental hazards
of the human population.



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SECTION 12. Coverage of Protection Land Use — Areas to be covered by
protection land use shall comprise of:

a. All areas under the National Integrated Protected Areas Systems (NIPAS)
covered by RA No. 7586, otherwise known as National Integrated
Protected Areas Systems Act.

b. Areas outside NIPAS, which include:

1. Protection Forests, which consist of:

i. All existing within forestland containing old growth closed
canopy forests or virgin forests of whatever types of species;

ii. All areas within forestlands whether or not containing
second growth forests of whatever types of species found
with slopes greater than or equal to fifty percent (50%) and
elevations equal to or greater than one thousand meters
above sea level (1,000 mast) and above;

iii. All highland pine and mossy forests;

iv. All naturally grown mangrove forests;

v. All easement areas as defined by PD 1067, otherwise known
as the Water Code of the Philippines;

vi. All other areas that would be deemed appropriate for
protection, as defined by the DENR, subject to the approval
of the Land Use Council (LUC) described in Section 19
hereof.

. Rehabilitated and/or reforested degraded mining areas;

|. Critical Ecosystems for protection such as:

i. Coral Reefs
ii, Marshes and wetlands
ili, Lakes and Rivers

4. Environmentally constrained areas that include areas subject to, or
likely subject to:

i. Recurrent flooding;

Liquefaction;

|. Tsunamis;

iv. Mass movement;

v. Direct impact of seismic activity; and

vi. Other areas that pose a high degree of hazard to human
occupation and activity, as determined by the MGB,
PhiVolcs, and other government agencies concerned,
subject to the approval of the LUC described in Section 19
hereof.

5. Critical watershed areas described in Section 48 hereof.

6. All agricultural lands that are ecologically fragile and whose
conversion will result into serious environmental problems

on

SECTION 13. Production Land Use - Classification of land use that
‘encompasses land and water resources for crop production, fisheries, livestock
and poultry production, timber production, agro-forestry, mining, industry, and
tourism that are to be utilized, managed, and developed in an efficient, equitable,
and sustainable manner.

SECTION 14, Coverage and Sub-classification of Production Land Use -
Areas to be covered by production land use shall comprise of

a. Agricultural Lands, which consist of:


1. All irrigated and irrigable areas, including those lands whose soils

are suitable for agricultural development,

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

All sustainable lands that are traditional sources of staple food;

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

5. All lands in areas not highly prone to natural hazards that are

‘suitable for the production of tree crops and other cash crops.

RY

b. Coastal, Inland water and Marine Zones, such as:
1. Fishponds
2. Offshore fishing areas

¢. Production Forests, such as:

1. All areas within forestland categorized as forest reserves or
established timberland whether or not containing residual or second
growth natural forests or plantation forests of whatever types of
species;

2. All areas within forestlands considered as rangelands for grazing
purposes;

3. All areas within forestlands managed under the community based
forest management and similar types of forest management.

4. All areas for Upland agro-forestry.

|. Rangelands for grazing
. Mineral Lands
Industrial Development Areas
1. Economic Zones
g. Tourism Development Areas, including potential small islands for similar
purposes.
h. Energy Production Areas

soo

SECTION 15. Settlements Development — Classification of land use that refers
to lands used, or to be allocated, for an orderly and efficient spatial design of
human settlements that shall be responsive to the needs of present and future
population requirements and promote sustainable use of the environment.

SECTION 16. Sub-classification of Settlements — The sub-classification of
settlements shall be composed of its major land uses which include:

a. Residential, including present residential areas and areas for expansion
b. Commercial, including business district and specific sites for business
establishments

c. Industrial

d. Institutional, including government offices, health and education, church,
cemetery and military reservations
Tourism
Utilities, including sites of public and private utilities such as power plants
and substation, water reservoirs, and others

. Waste Disposal

. Recreational, including parks, urban forests, open or green space
Roads, rail, water and air transportation networks and facilities
Settlements expansion areas

=o

vese


SECTION 17. Infrastructure Development — Classification of land use referring
to lands that shall be allocated for priority infrastructure development projects
that are brought about by the needs of the population and supportive of national
and local development objectives.

SECTION 18. Infrastructure Projects — priority infrastructure projects shall
include, but not limited to, the following:

Power plants, stations, sub-stations and associated facilities;
Irrigation, flood control, sewerage and drainage facilities;
. Water supply systems;
|. Seaports, fishports, and waterways;
._ Farm-to-market roads;
Roads and bridges;
Waste disposal facilities;
. Educational, health, and recreational/sports facilities;
Telecommunication facilities;
Hazard mitigation facilities; and
. Others

xr sampaogD

Title Ill
Chapter 6
Implementing Framework and Mechanisms.

SECTION 19. Creation of the Land Use Council (LUC) - After six (6) months
upon the effectivity of this Act, the Land Use Council is hereby created to
exercise the powers and functions of both the National Land Use Committee and
the role of the Housing and Land Use Regulatory Board with regards to land use
planning at the local level.

SECTION 20. Composition of the Land Use Council - the Council shall be
composed of the following:

a. Deputy Secretary General of the NEDA as the Chairman of the Council;
b. Undersecretaries of the following, as members:
1. Department of Agriculture;
Department of Agrarian Reform;
3. Department of Environment and Natural Resources;
4. Department of Public Works and Highways;
5. Department of Transportation and Communication;
6. Department of Science and Technology;
7. Department of Interior and Local Governments;
8. Department of Trade and Industry;
9. Department of Justice; and
10.Secretary-General of the Housing and Urban Development
Coordinating Council;

SECTION 21. Powers and Functions of the Council - the LUC shall have the
following powers and functions: -

a. Formulate and update the National Physical Planning Framework;
b. Formulate, update and prescribe standards and guidelines for the
preparation of ecological profile, PPFP, CLUP, and zoning ordinance;

c. Guide the production of thematic maps by the IAMSS described in Section
36 hereof,


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d. Integrate and harmonize all laws and policies relevant to land use and
assist legislation in amending and/or updating this Act;

e. Undertake the gathering of data and conduct of studies that would be
used to update planning guidelines to ensure that state of the art practices
will be applied; and

f. Advise the President of the Philippines and the NEDA Board on all matters
concerning land use and physical planning.

g. Create a database for the purpose of updating planning standards and
guidelines and reference for other agencies.

SECTION 22. Secretariat of the LUC — the NEDA shall serve as secretariat to
the LUC.

SECTION 23. Creation of the Regional Land Use Councils (RLUC) — One (1)
year after the effectivity of this Act, the LUC shall cause the creation of Regional
Land Use Councils which shall replicate its structure and composition and have
the following functions:

a. Provide technical assistance through the Technical Boards created in
Section 25 hefeof to city and municipal governments in making land use
plans and land capability decision maps, if called for;

b. Ratify land use plans of provinces, independent component cities, and
highly urbanized cities, prior to the approval for adoption of the said by
their respective sanggunians, to ensure that these would be in line with
the higher level plan;

c. Advise the LUC of land use concerns at the local level which could have
adverse effects on the national level; and

d. Partake in the gathering of data and conduct of studies that would be used
to update planning guidelines by the LUC.

SECTION 24. Technical Working Committee — The LUC shall cause the
creation ofa technical working committee that shall formulate and update,
whenever necessary, all planning guidelines and standards for the IAMSS
mapping described in Section 36, NPPF, PPFP, CLUP and Zoning Ordinances
after six (6) months from its establishment.

Guidelines and standards shall incorporate the National Planning Framework and
Classifications of Land Uses set forth in this Act.

The technical working committee shall also prepare guidelines for the preparation
of ecological profiles for the provincial, municipality, and city levels. These
guidelines shall be the bases for the requirements of the local planning units as
described in Section 34 hereof.

SECTION 25. Technical Boards - The RLUC, thru its member agencies, shall
assign Technical Boards that shall provide technical assistance for planning at
the local level. These shall have the following functions:

a. Provincial Technical Board (PTB) — For every province, a group
assigned by the RLUC comprised of representatives from each of its
member agencies shall provide technical assistance for the creation,
review and adoption of PPFPs when called for.

b. Municipal/City Technical Board (M/CTB) — For every municipality/city, a
group assigned by the RLUC comprised of representatives from each of
its member agencies shall provide technical assistance for the creation,
review and adoption of CLUPs when called for.


SECTION 26. Provincial Land Use Committee (PLUC) — The Provincial
Development Council shall, upon the effectivity of this Act, create a standing
committee among its ranks that shall be known as the Provincial Land Use
Committee which shall have the following powers and functions:

a. Advise the Sangguniang Panlalawigan on all matters pertaining to land
use and physical planning;
b. Review and endorse to the Sanguniang Panlalawigan the PPFP for
adoption;
. Endorse the PPFP to the RLUC for review and approval;
|. Review the CLUPs of component cities and municipalities to ensure
consistency with the PPFP; and
e. Decide and resolve policy conflicts on land use planning, classification,
and allocation and any unresolved land use conflicts that may arise
between cities and municipalities

2°

SECTION 27. Municipal/City Land Use Committee (M/CLUC) - The
Municipal/City Development Council shall, upon the effectivity of this Act, create
a standing committee among its ranks that will be known as the Municipal/City
Land Use Committee. It shall have the following powers and functions:

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

b. Review and endorse to the Sangguniang Bayan/Panglungsod the CLUP

for adoption;

Endorse the CLUP to the PLUC for review and approval;

Assists the Sangguniang Bayan/Panglungsod in reviewing the CLUPs of

component cities and municipalities prior to enacting it as a zoning

ordinance

e. Decide and resolve policy conflicts regarding the violation of zoning
ordinances including oppositions to applications for locational clearances,
permits or certificates.

ao

SECTION 28. Approval and Adoption of PPFPs — The Sangguniang
Panlalawigan shall have the power and authority to approve and adopt their own
PPFP; provided that the PPFP has been reviewed and endorsed by both the
PLUC and PTB to the RLUC; provided further that the PPFP has been reviewed
and approved by the RLUC.

SECTION 29. Approval and Adoption of CLUPs and ZOs — The Sangguniang
Bayan or Sangguniang Panglungsod shall have the power and authority to
approve and adopt their own CLUPs and Zoning Ordinances; provided that the
CLUP and ZO has been reviewed and endorsed by both the M/CLUC and
MICTB to the PLUC; provided further that the CLUP has been reviewed and
approved by the PLUC.

SECTION 30. Coverage of Zoning Ordinance — The Zoning Ordinance shall
encompass the entire territorial jurisdiction of the municipality. Aside from urban
areas, the ZO shall include protected areas, timberlands, ancestral domains,
coastal and offshore areas and other such categories as seen fit by the LUC thru
its guidelines and standards for making zoning ordinances as mentioned in
Section 29.

SECTION 31. Planning Cycle - the LUC as described in Section 21 to 24 shall
define the required planning cycle for all levels, including provisions on penalties
for non-compliance of the planning unit concerned


SECTION 32. Failure to Formulate, Approve and Implement CLUPS — The
DILG shall apply due process in investigating, reviewing and recommending
appropriate action regarding the failure of the local chief executive and other
officials and employees that are directly responsible for the formulation, approval
and implementation of CLUPS for the following cases:

a. Failure to implement and enforce the CLUP due to negligence of duty;

b. Failure to provide appropriate budgetary allocation to effect its
implementation;

¢. Failure to formulate an ecological profile, described in Section, prior to the
formulation of the CLUP; and

d. Failure to complete the preparation of the CLUP despite the availability of
funds, resources, and support by the Sanggunian Concerned.

Any public official or employee regardless of whether elected or appointed or
holding office or employment in a casual, temporary, hold-over, or regular
capacity, found to be responsible for any of the foregoing acts after due notice
and hearing by the appropriate body or agency shall be punished with forfeiture
of salaries and allowances and suspension from

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

SECTION 33. Framework for Development — Land Use Plans shall be the
basis for the creation of projects, policies etc. of the respective Local
Government Units.

Title IV
Support Systems

Chapter 7
Ecological Profiles

SECTION 34. Ecological Profile (EP) — The EP is a set of data descriptive of
the geo-physical, biological, and socio-economic environment and_ their
interrelationships in a geographical planning unit. It is intended to provide
baseline information on the state of the environment within a specified planning
unit. Ecological Profiles shall serve as valuable tools:

a. In making better decisions and trade-offs for more rational or sustainable
development;

b. In taking stock of or of assessing the status of the environment of an area
as of a given time;
._ In providing factual bases for physical framework and land use planning;
|. In providing information on the environment for consideration in project
Planning and development as well as for monitoring and evaluation of a
project's impact on the environment;
e. In preparing and evaluating the Initial Environmental Examination (IEE) or
the Environmental Impact Assessment (EIA); and
f. In providing information for the Purposes of management and
conservation of the environment.

ao

SECTION 35. Preparation of Ecological Profiles — the PPDOs, MPDOs, and
CPDOs shall prepare ecological profiles for their respective provinces,
municipalities, and cities one (1) year before the deadline of submission for

17


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approval of their physical framework and land use plans as stipulated in the
guidelines described in Section 23.

Chapter 8
Comprehensive Mapping System for Planning

SECTION 36. Inter-Agency Mapping Support System (IAMSS) - After six (6)
months upon the establishment of the LUC, an Inter-Agency Mapping Support
System shall be created, with NAMRIA as the lead agency. The supporting
agencies include BSWM, LMB, FMB, PAWB, NWRB, MGB, PHIVOLCS, DOE,
NEDA, DPWH, DA, DAR, BFAR, PAGASA, NDCC, and NCIP. The system shall
be responsible for creating a database for the production of base and decision
maps for all planning levels of standard scales, symbols, and other indicators, as
stipulated in its own Planning Guidelines and Standards provided for by the LUC
Technical Working Committee.

SECTION 37. Compiling of Datasets - All pertinent and updated data from
supporting agencies of the system shall be submitted to NAMRIA for compilation
and integration in its geographic information system whenever needed.

SECTION 38. Maps for Planning - One (1) year after the LUC Technical
Working Committee has prepared the Guidelines and Standards for planning at
all levels, the NAMRIA shall submit to the LUC all maps required for national
level planning and planning in all municipalities, cities, and provinces. The LUC
after reviewing the maps shall forward the maps to its respective PLUCs,
MCLUCs and CLUCs.

Pertinent maps, among others, to be produced by the IAMSS shall include:
. Topographic Maps
. Geologic Maps
. Hydrologic Maps
|. Climate Maps
Soils Maps
Slope Maps
. Mineral Resources Maps
. Existing Land Use Maps
Land Suitability Maps for:
1. settlements
2. agriculture
3. industrial areas
4. others
j. Agricultural Maps
1. Network of Protected Areas for Agricultural and Agro-industrial
Development
Commodity Specific Development Guide Maps
. Land Limitation Maps
. Land Suitability Maps
. Cropping System Zones Maps
Hydro-ecological Conditions Map
Irrigation Systems Maps
k. Land Classification Maps
1. Geo-Hazards Maps
. Flood Prone Areas
. Hazard Zonation Maps for Volcanoes
|. Map of Fault Systems
. Tsunami Prone Areas
Erosion Prone Areas

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. Tourism Maps
Transportation Maps
. Traffic Flow
. Areas Served by:
1. Power
2. Telecommunications
3. Water
q. Facilities:
1, Health
2. Education
3. Power
Domestic Water Supply
. Industrial Areas
Population Distribution
. Ancestral Domains
. NIPAS Areas
, Areas Suitable for Urban Expansion
. Watershed Areas
. Forest Lands
1, Protection
2. Production

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SECTION 39. Updating of Maps — All maps shall be updated seasonably as
new important information and data becomes available or as determined by
urgent need but not more than every 10 years.

SECTION 40. Updating of Land Use References - After creation and/or
updating of any plan, the PLUC, MLUC and CLUC concerned shall submit copies
of their land use map/s to the RLUC where it will serve as reference/s for future
planning. The RLUC in turn shall endorse copies of said data to the LUC and
IAMSS for updating its database.

Chapter 9
Ground Delineation

SECTION 41. Priorities for Ground Delineation — For effective planning to take
place at the local level, land uses must be identifiable both on the map and on
the ground. Thru this, the Zoning Ordinance of each and every municipality may
easily be enforced. A Joint Committee comprised of the LGU thru its M/CLUC in
Coordination with national government agency concerned with the assistance of
the M/CTB, shall identify and delineate on the ground the land uses within their
jurisdiction. The following shall be given priority:

a. Forest Lands

1. Protection

2. Production
b. NIPAS Areas
Strict Protection Zone
Sustainable Use Zone
Restoration Zone
Habitat Management Zone
. Multiple Use Zone
. Buffer Zone
Cultural Zone
. Recreational Zone
Special Use Zone
¢. Watershed Areas

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1. Critical
2. Multiple Use
d. Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD)
. Settlement Expansion Areas
Extents of Environmentally Constrained Areas
|. Easement Areas
Critical coastal areas
1. Mangroves
2. Seagrasses
i, Ancestral Domains

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SECTION 42. Offshore Delineation — Critical Marine resources should also be
delineated both on the map and on the water. Perimeters of critical offshore
areas, such as coral reefs, shall be marked in accordance with the coastal
resource management plans concerned.

Title V
Special Areas of Concern

Chapter 10
Land Classification

SECTION 43. Review of Land Classification - The LUC thru the Lands
Management Bureau (LMB) shall review and assess the current land
classification system and definitions to ensure that it reflects the reality of land
use and occupation/ownership in the country. The LMB shail then submit an
assessment report to the LUC after ninety (90) days upon the establishment of
the latter.

SECTION 44. Adoption of Assessment Report — The LUC shall adopt the
assessment report made by the LMB to be utilized in the formulation of its
planning guidelines.

Chapter 14
NIPAS Areas

SECTION 45. Integrated Management Strategy — For more effective planning,
management, and protection of PAs at the provincial and municipal/city levels,
the Protected Area Management Plan shall be incorporated in the PPFP and
CLUPs, wherein PA zoning shall be reflected.

SECTION 46. Policy Adoption - Policies adopted for PA areas in the
municipality/city shall be adopted and integrated in the province's and local
government unit's land use policy framework.

Chapter 12
Watershed Areas

SECTION 47. Watershed Identification - The DENR together with the NWRB.
shall create a technical committee that will identify and map all watershed areas
in the country after three (3) months upon the effectivity of this Act. The map.
shall also be submitted to the LUC and the IAMSS for integration in its database.

SECTION 48. Classification of Watersheds - The technical committee shall
classify all the identified watersheds as either:

20


a. Critical Watersheds - refers to a drainage area of a river system
supporting existing and proposed hydro-electric power, irrigation works
and domestic water supply needing immediate rehabilitation for it to
serve its purpose as it is being subjected to a fast denudation causing
accelerated erosion and destructive floods; or

b, Multiple Use Watersheds — refers to watershed areas that could be
subject to different uses; provided that the area concerned is to be used,
managed and developed sustainably and within the provisions of the
Environmental Impact Assessment System

SECTION 49. Land Use Planning Integration — Critical watersheds are to be
considered as part protection land uses, while multiple use watersheds maybe
subjected to different land uses. Watersheds should be well defined in the land
use maps and the land uses within its bounds should be within its carrying
capacity. The carrying capacity of the watershed shall be determined by the
Environmental Management Bureau (EMB) after its identification.

SECTION 50. Consideration in Zoning — Special consideration shall be made
in enacting the zoning ordinance of (or that will contain portions of) watershed
areas. Policies within the area should be geared towards sustainability and
preservation of the effective recharge rate of the watershed for it to successfully
serve its purpose.

Chapter 13
Coastal and Offshore Areas

SECTION 51. Integrated Management Strategy — For more effective planning,
management, and protection of coastal and offshore areas municipal/city level,
the Coastal Resource Management Plan (CRMP) shall be incorporated in the
Comprehensive Land Use Plan. Management zones defined in the CRMP should
be reflected in the CLUP and subsequent ZO.

SECTION 52. Policy Adoption — Policies adopted for effective coastal resource
management shall also be adopted and integrated in the LGU’s land use policy
framework.

Chapter 14
Ancestral Domains

SECTION 53. Plan Integration — For more effective planning and management
of ancestral domains, the Ancestral Domain Management Plan (ADMP) or
Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) shall
be incorporated in the Comprehensive Land Use Plan and/or other plans that the
LGU is mandated to produce. Extents of the ancestral domain shall be reflected
in the land use plan, where it will be zoned as such in the ZO; and shall be co-
managed by the LGU and IP community.

SECTION 54. Policy Adoption - Policies adopted for AD areas shall be
integrated in the LGU's land use policy framework. However, in the event that the
ADMP/ADSDPP is still in its formulation stage or remains to be formulated, the
Municipality/City must be represented in the formulating body to take into
consideration the land uses enforced. The land use in the ADMP/ADSDPP

should be compatible with the land use of the area within the jurisdiction of the
LGU.

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SECTION 55. Limitations — In cases that areas of Ancestral Domain Lands fall
within Protection Land Uses and NPAAAD or other such prime, productive and
irrigable agricultural lands, the productive nature of the land shall be preserved
Hence, the area shall be protected and corresponding zoning ordinance shall be
made and enforced.

Chapter 15
Mineral Lands

SECTION 56. Co-Management Strategy - For more effective planning,
management, and protection of the population from the adverse effects of mining
operations, mining areas shall be co-managed by the LGU and the National
Government Agencies concerned

SECTION 57. Policy Adoption — Land use policy/ies for mineral lands shall be
geared towards rational and sustainable use of mineral resources which shall
promote economic growth to the local economy.

Chapter 16
Land Use Conversion

SECTION 58. Pre-requisite of Land Use Conversion — To ensure food security
for the Filipino, there shall be no land use conversion that is irreversible in nature
such as conversion of agricultural to non-agricultural uses, until such time that all
areas that are priority for ground delineation has been delineated on the ground.

SECTION 59. Limits of Agricultural to Non-Agricultural Land Use
Conversion — Agricultural to non-agricultural land use conversion can only be
done within settlement expansion areas.

SECTION 60. Land Use Conversion — Once the proper use of land has been
set and approved for every level of the Plans, the conversion of a part or the
whole thereof shall not be allowed except by an act of Congress.

Chapter 17
Green Spaces

Section 61. Urban Forest and Green Spaces - All cities and municipalities
shall identify, designate and allocate lands owned by the city or municipality as
urban forest and green space, based on the guidelines and standards to be
issued by the DENR and approved by the LUC.

Chapter 18
Waste Disposal

SECTION 62. Designation of Waste Disposal Site - Each city or municipality
shall identify, designate and allocate land within their territorial jurisdiction to
serve as waste disposal site in accordance with the provisions inscribed in RA
9003 of the Solid Waste Management Act. Waste disposal sites shall be
identified in land use plans and shall be zoned as such in the ZO.

Chapter 19
Cultural Heritage

SECTION 63. Preservation and Identification of Cultural Heritage — Local
government units and local communities in coordination with concerned national

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agencies shall undertake the identification of areas and structures to be
Preserved as part of the national and local cultural heritage. The LGU in
cooperation with the NCCA and the National Historical Institute shall identify sites
for preservation.

Title VI
Transitory and Final Provisions

Chapter 20
Mandatory Review

SECTION 64. Mandatory Review Every Ten Years — Congress shall undertake
@ mandatory review of this Act at least once every ten (10) years from the
effectivity of this Act, or as often as it may deem necessary to ensure that land
use policies, and guidelines remain responsive to changing circumstances. For
this purpose, Congress may call on to the LUC to undertake the necessary
researches and consultations.

Chapter 21
Transitory Provisions

SECTION 65. Convening of the Council — With in five (5) days upon the
effectivity of this Act the Committee shall convene.

SECTION 66. Immediate Tasks of the Council - With in one hundred twenty
(120) days from the effectivity of this Act the Committee shall undertake the
preparation of the revised implementing rules and regulations of the LUC

SECTION 67. Reconstitution of the HLURB — The HLURB's function regarding
land use planning and zoning guidelines review and ratification in the
city/municipal and provincial levels shall be given to the LUC as stated in Section
19 hereof. All other functions of the HLURB shall be retained.

SECTION 68. Review, Formulation and Issuance of Rules and Regulations —
Within the one hundred twenty (120) day the Committee shall review existing
tules and regulations on land use, and based therefrom, revise such rules and
regulations, or cause concerned agencies to revise them for the efficient and
effective implementation of the provisions of this Act. All concerned national
government agencies and bodies shall inform the Committee of the status of the
implementation of such rules and regulations.

Unless provided in this Act, the Committee shall be primarily responsible for the
promulgation and issuance of all implementing rules and regulations, including
Planning guidelines and standards which shall take into consideration the unique
physical and cultural character and needs of the different regions/localities.
These rules and regulations shall become effective fifteen (15) days after their
publication in the Official Gazette and announcement of their adoption in at least
one (1) newspaper of general circulation

All existing rules and regulations shall be in force and effect unless
revoked by the Committee, or competent authority.

23