HOUSE FR

RECEIVED
SEVENTEENTH CONGRESS ) 08 AUG 2016
REPUBLIC OF THE PHILIPPINES.) DE
First Regular Session ) an
TIME
HOUSE OF REPRESENTATIVES BY! ee

Introduced by Representative Maximo B. Rodriguez, We 21¢72 \TON UNIT
2589 BLS AND INDEX SERVICE

House Bill No.
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 722 during the 15" Congress where
it was approved by the Committee on Land Use and substituted by House Bill No. 6545. It
approved on 2" reading, approved on 3” reading and was transmitted to the Senate where it
was not acted upon. It was again re-fled in the 16” Congress where it was approved by the
House of Representatives and transmitted to the Senate.

This bill seeks to institutionalize a national land use policy to ensure a rational, holistic,
and just allocation, utlization, management and development of the country's land resources.

‘According to the United Nations Conference on Human Settlements (1976), land,
because of its unique nature and the crucial role it plays in human settlements, cannot be
treated as an ordinary asset, controlled by individuals and subject to the pressures and
inefficiencies of the market. Private land ownership is also a principal instrument of
accumulation and concentration of wealth and therefore contributes to social injustice; if
unchecked, it may become a major obstacle in the planning and implementation of development
‘schemes. Social justice, urban renewal and development, the provision of decent dwellings and
healthy conditions for the people can only be achieved if land is used in the interests of society
as a whole.

In the Philippines, there are various laws passed to address the need for a sound land
use. The Forestry Reform Code of 1975, the Comprehensive Agrarian Reform Law (1988),
Indigenous Peoples Rights Act of 1997 and the Agriculture and Fisheries Modernization Act of
1997 have all been implemented through the years to ensure that land the 30,001,563 (2004)
total land area of the country is utilized properly. However, due to the presence of different
stakeholders in the use of land and the lack of a national land use policy framework, the use of
land in our country remains chaotic and breeds environmental degradation.

This bill addresses those concerns by mandating the formulation of a National
Framework for Physical Planning (NFPP) which shall serve as the general long-term framework
for the spatial development directions of the entire country and provide analytical parameters for
the planned allocation, use and management of the country’s land and other physical resources.
‘A centralized body called the Land Use Policy Council composed various government agencies
involved in land use shall be created to formulate, periodically update and implement the said
plan and to coordinate with, assist and monitor the compliance of local government units
(LGUs) in planning, developing and implementing their respective comprehensive land use plan
under this bill

Under this proposed measure, land is classified according to use:



1.) Protection land use which shall refer to the use of land primarily for
rehabilitation, conservation, and protection purposes and the promotion of the
country’s ecological and life-support systems. Areas under this category are
those under the coverage of Republic Act No. 7586 or the National Integrated
Protected Areas System (NIPAS) law and other coastal and marine protected
areas; those areas outside NIPAS but nonetheless require protection because of
their outstanding physical and aesthetic features, anthropological significance,
and biological diversity; and those areas prone to natural hazards;

2.) Production land use which shall refer to the direct and indirect utilization of
land resources for crop, fishery, livestock and poultry production,, agroforestry,
mining, industry, energy development, and tourism. Areas included in this
category are agricultural lands, fishing grounds, fishponds, and fish cages,
coastal and marine zones, production forest which comprise lands 18% to 50% in
slope gradient such as: residual dipterocarps, rangelands for grazing purposes,
industrial tree plantationIFMA, community based agro-forestry areas and other
reforestation projects; mineral lands or mining areas and reservations, energy
resource lands, industrial development areas, and tourism development areas
where productive activities could be undertaken to meet the country’s
requirements for food security, economic growth and development,

3.) Settiements Development which shall refer to any improvement on existing
settlements in urban and rural areas or any proposed development of certain
areas for settlement purposes 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
faclties to such settlement; and

4.) Infrastructure Development which seeks to provide basic services and
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 covers these sub-sectors:
transportation, communications, indigenous energy exploration and
development, water resources, and social infrastructure,

To ensure compliance with the national land use policy, incentives and awards shall be
given to local government units that regularly update their comprehensive land use plan while
fines and sanctions shall be imposed for violating certain provisions of this proposed measure.

in view of the foregoing, immediate passage of this bill is eammestly sought

ft

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriquez, Jr.

House Bill No.

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 the 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.”

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

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

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 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;

d. 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 7160 or the
Local Government Code of 1991

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

1) Maintenance and preservation of environmental integrity and stability;

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

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

4) Protection of prime agricultural lands for food security, with emphasis on self-sufficiency
through efficient and sustainable use of land resources consistent with the principles of
sound agricultural development, natural resources development, and agrarian reform;
Protection and conservation of the country's natural heritage, permanent forest lands,
natural forests, critical watersheds and key biodiversity areas to ensure adequate forest
cover to maintain ecological processes in the country:

i)


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 unutllized 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;

14) Energy security or energy self-sufficiency,

42)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.

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

SECTION 4. Definition of Terms

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

b. Agricultural Land Use Conversion refers to the undertaking of any development
activity which modifies or alters the physical characteristics of agricultural lands to render
them suitable for non-agricultural purposes under an approved order of conversion issued
by the appropriate government agency;

¢. Alienable and Disposable Lands of the Public Domain refers to lands of the public
domain which have been delineated, classified, and certified as such and available for
disposition under Commonwealth Act No.141, otherwise known as the Public Land Act, as
amended;

d. Ancestral Domains refer to all areas generally belonging to ICCs/IPs as defined in
Republic Act (R.A.) 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 and human resources within their ancestral domains


based on their indigenous knowledge systems and practices on the principle of self-
determination;

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

h. Comprehensive Land Use Plan (CLUP) refers to a document embodying a set of
policies, accompanied by maps and similar illustrations that serve as a policy guide for
determining the future use of lands and natural resources within the territorial jurisdiction of
the LGUs. It represents the community-desired pattern of population distribution and
proposes future allocation of land and resources to various activities, It includes the
processes and criteria employed In such determination of allocation of land and resources. It
is a plan for the long-term management of the local territory covering a period of minimum of
ten (10) years, reviewable not earlier than every five (5) years based on the four (4)
categories of land use planning provided in Section 6 of this Act;

i. Comprehensive Land Use Planning refers to the act of defining the allocation,
utilization, development, and management of all lands within a given territory or jurisdiction
according to the inherent characteristics of the land itself and supportive of sustainable,
economic, demographic, socio-cultural 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/Ps 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 settiement and permanent structures. Areas can only be
declared as Danger Zones after conducting proper technical studies and public
consultations with affected families;


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

©. Disaster-prone Areas or Geo-hazard Areas refer to areas frequented by and/or
vulnerable to experience weather, climatic, hydrologic, geologic, and other natural
disturbances or calamities;

p. Disaster Risk Reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including
reduced exposure to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events,
q. Ecologically-fragile Lands refer to lands within critical watersheds, brackish and
freshwater wetlands, pasture lands, inland rivers and waterways, coastal and settlement
areas, and croplands which require rehabilitation, protection and whose continued
unsustainable use would result in physical risks and threats to life and property, public
health and safety, as well as adversely affect the productivity of lowland agricultural areas
and stability of the upland system;

1, Ecotourism refers to a form of sustainable tourism within a natural and/or cuttural
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;

s. Energy Resources refer to surface or subsurface substances that serve as energy
sources. These are traditionally mineral fuel deposits such as coal, petroleum, natural gas or
renewable resources from geothermal, hydro reservoirs, or non-conventional 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. Environmentally Critical Areas refer to areas declared by law as (|) areas for natural
parks, watershed reserves, wildlife preserves, and sanctuaries; (i) 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
ICCsAPs; (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; (vii) recharge areas of aquifers; (ix) mangrove areas; (x) coral reefs; (xi) mossy
and virgin forests; (xi) rivers and riverbanks; (xiii) swamp forest and marshlands; (xiv)
foreshore lands; (xv) protected areas pursuant to Republic Act no. 7586 or the NIPAS act of

6


4992; and (xvi) areas set aside as aesthetic potential tourist spots. This term shall also
include other terrestrial, aquatic and marine areas that need special protection and
conservation measures because they are ecologically fragile or they are needed for food
security and food seff-sufficiency as determined by concerned agencies and LGUs in
consultation with the concerned stakeholders;

y. Exhausted Mineral Resources refer to a situation where the mineral resources in
specific sites are no longer in sufficient quantity or quality to justify additional expenciture for
extraction or utilization;

w, Flood Plain refers to the portion of a river valley adjacent to a river channel which is
covered with water when the river overflows its banks at flood stages, and which usually
consists of silt deposited by the stream;

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

y. Food Security refers to the policy objective of meeting the food availability, accessibility,
and affordability requirements of the present and future generations of Filipinos in a
sustainable manner, through local production or importation in cases of shortage based on a
micro level situation, or both, and taking into account the country's existing and potential
resource endowments and related production advantages, and consistent with the overall
national development objectives and policies;

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;

cc. Forest lands refer to one of the four classifications of land under the constitution under
the public domain classified and/or determined as suitable for forest purposes not classified
as mineral land, national park 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 forest lands into their
appropriate uses consistent with existing biophysical conditions such as topography, soil
type, land use, climate, water sources and socioeconomic, cultural and political realities.
Forest land use planning should be able to delineate protection and production forests;

ee.Forest Land Sub-classification refers to the process of determining the most
appropriate and sustainable use of forest lands primarily as protection forest and production


forest. They may be further sub-classified as grazing/pasture land, recreational areas and
other uses taking into account ecological, social and economic considerations;

ff. Free, Prior and Informed Consent (FPIC) means the consensus of all members of the
ICCsPs 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;

99. 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 persons 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/ndigenous Peoples (ICCs/IPs) refer to groups 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/Ps 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;

ii. 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;

jj. 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 and other govemance 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 Sub-classification refers to the act of determining and assigning specific uses
of classified lands such as forest lands, classified agricultural lands, mineral lands and
national parks in accordance with existing laws and this Act,


nn. Land Use refers to the manner of allocation, utilization, management and development
of land;

00. Land Use Classification refers to the act of delineating or allocating lands according to
protection land use, production land use, settlements development and infrastructure
development as defined and provided for in this Act;

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

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

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

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

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

uu. Municipal Waters include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as defined
under Republic Act No. 7586 of the National Integrated Protected Areas System or the
NIPAS Act of 1992, public forest, timber lands, forest reserves or fishery reserves, but also
marine waters included between two (2) lines drawn perpendicular to the general coastline
from points where the boundary lines of the municipality touch the sea at low tide and a third
line parallel with the general coastiine including offshore islands and fifteen (18) kilometers
from such coastine. 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
coastines. Where two (2) municipalities are situated on opposite shores that there is less
than thirty (20) kilometers of marine waters between them, the third line shall be equally
distant from opposite shore of the respective municipalities;

W. National Integrated Protected Areas System (NIPAS) refers to the classification and

administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of

9


resources found therein, and to maintain their natural conditions to the greatest extent
possible;

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

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

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 itrigation projects; all alluvial plains; lands highly suitable for agriculture whether
irrigated or not, agro-industrial croplands or lands planted 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 (600) meters or above and have the potential for
growing semi-temperate and high value crops; all agricultural lands that are ecologically
fragile the conversion of which will result in serious environmental degradation; and all
mangrove areas and fish sanctuaries;

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

aaa, Permanent Forestlands refer to forestiands, 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 forestiands free
from any form of utilization, exploitation or development, and reserved permanently as such
for the benefit and use of future generations;

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

ccc. Premature or Illegal Conversion refers to any activity that modifies or alters the

physical characteristics of agricultural lands to render them suitable for non-agricultural
purposes without an approved order of conversion from the DAR Secretary;

10


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

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

fff. 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, indigenous energy resource development,
industry, and tourism;

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

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

il, 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;

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

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

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

mmm. Restoration refers to returning forestiand to its original forested state in terms of
species’ composition, structure, function and productivity:

nnn. Restoration Zones refer to forest areas where activities are conducted to restore its
forested state;

ut


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;

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

rrr, Shoreline refers to a strip of land covering at least one (1) kilometer from the point
where 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;

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 Pambansa Big. 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;

Ww. 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 modemize, with the support of government, the agriculture and fisheries
sectors in an environmentally and socio-culturally sound manner;

www.Sub-classification or Reclassification of Agricultural Lands refers to the process
undertaken by the LGUs of allocating declared agricultural lands in their respective territorial
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;

2x, Sustainable Development refers to the development objective of meeting the needs
of the present generation without compromising the ability of future generations to meet their
‘own needs consistent with the principles of social equity, efficiency, and environmental
integrity;

yyy. Sustainable Traditional Resource Rights refer to the rights of ICCs/Ps to

sustainably use, manage, protect and conserve a) land, air, water, and minerals, b) plants,
animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and

12


e) other areas of economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, beliefs, systems and practices;

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

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

bbbb. Tourism Estates refer to large tracts of land 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 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 touristAisitor-drawing attributes and activities and which may be classified according
to its social, cultural, natural, historical, aesthetic, visual, scientific, religious, and recreational
significance;

dddd. Tourist Zone refers to a geographic area with well-defined boundaries proclaimed as
such by the President of the Philippines and/or by Acts of Congress. No development
projects for any purpose shall be initiated and introduced within the zone prior to the
formulation of a tourism master development plan which shall be undertaken in coordination
with the Department of Tourism (DOT) and the Tourism Infrastructure Enterprise Zone
(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;

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

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

gggg. Urban Forestry or Green Space refers to the establishment or setting-up of areas
for mini-forest, eco-parks or small nature parks, in both public 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 omamental plants, and ground
landscaping of schools, hospitals, and other government agencies in order to improve the
environment in urban areas;

13


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

ill, 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;

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

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

lll Zoning Ordinance refers to a local law passed by the Sangguniang Bayan or
Panlungsod 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.

CHAPTE! FRAMEW FOR LAN E PLAN!

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

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

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

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

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

e. Resolution of land use conflicts which are life-threatening or threatening to public safety,
sustainability of key production resources or employment activities and the delivery of

14


basic services which are harmful or destructive to protected areas, flora, fauna, and
other protected natural resources. Greater consideration shall be given to the human
and tenurial rights of vulnerable groups in resolving land use conflicts;

{.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,

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

ze

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

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

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

All existing areas within forestiand containing secondary-growth or residual

forests of whatever type or specie;

c) Areas identified as Key Biodiversity Areas;

4) Restoration areas;

e) All mangrove forests;

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

9) 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

b)

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

a) Coral reefs:
b) Marshes and wetlands;

15


°c)
d)
e)

Lakes and rivers;
Caves; and
Waterfalls.

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

a)

Recurrent flooding;
Liquefaction;

Tsunamis,

Storm surges;

Polar vortex;

Mass wasting:

Voleanic eruption;

Direct impact of seismic activity;

Other disasters caused by climatic conditions; and

Other areas that pose a high degree of hazard to human occupation and
activity.

5) Critical watershed areas;

6) Marine Protected Areas;

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

8) Ecologically fragile and environmentally-critical areas whose conversion will
result to serious environmental problems and threats to public health and safety;

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

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

b. Production Land Use refers to the most efficient, sustainable, and equitable utilization,
development and management of land for productive purposes which are not classified
for protection land use as defined in this section. Areas included in this category are
agricultural lands, coastal and marine zones, production forest, 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:

a)
b)

¢)
dq)

e)

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

All 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

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

16


2) Coastal, inland water and Marine Zones, such as fishponds;

3) Production Forests, such as:
a) All areas within forestiand not classified as protection forests under
Section 6 (a) and shall be devoted to the production of timber and/or non-
forest products or the establishment of industrial tree plantations, tree
farms, woodlots, agro-forestry, or as multiple-use forests;
b) All areas within forestlands considered as rangelands for grazing
purposes;
c) All areas within forestlands managed under the community-based forest
management in areas not classified as protection forests

4)

Rangelands for grazing;

5) Industrial Development Areas; and

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

purposes.

¢. 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 facilties to such settlements.

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

&

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

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

SECTION 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral domains
‘shall be formulated by the ICCs/P themselves in accordance with their particular needs and
traditional resource and management systems with the assistance of the NCIP, the LGUs and

17


civil society organizations (CSOs) concemed. Such plans shall be recognized and adopted in
the barangay, cityimunicipal, provincial, regional and national physical framework plans.

Physical framework plans made prior to the delineation of ancestral domains included in
such plans or ordinances shall, without prejudice to the rights of the ICCs/IP 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/IP shall jointly formulate
the land use plan within the ancestral domain until such time that the ICCs/IPs have formulated
their ADSDPPs.

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

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

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

CHAPTER III, SPECIAL AREAS OF CONCERN
Article One. Land Classification

SECTION 9. 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
information and conduct the needed assessment of the status of the existing land use
classification and shall submit an assessment report to the NLUPC not later than ninety (90)
days from the establishment of the latter:

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

Article Two. NIPAS Areas

SECTION 11. 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 PPFP and
CLUPs if applicable, wherein protected area zoning shall be reflected

Atticle Three. 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
CARP, and the NPAAAD. The mapping of the NPAAAD under the Agriculture and Fisheries

18


Modemization Act (AFMA) shall be completed not later than one (1) year from the effectivity of
this Act.

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

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

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

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

Article Four. 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.

SECTION 15, Respect for Ancestral Domains. The Ancestral Domain Management Plan
(ADMP) or ADSDPP shall be adopted in the CLUP and/or other plans that the LGU is mandated
to produce. The extent of the Ancestral Domains shall be reflected in the land use plan, and
shall be zoned as such in the zoning ordinance. It shall be co-managed by the LGU and IP
community. Additionally, the ADSDPP shail 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 stil
in the formulation stage or remains to be formulated, the right to seff-determination and
traditional resource and management systems and processes shall be upheld at all times as
provided for by the IPRA of 1997.

Article Five. Forest Lands and Reservation of Watershed

SECTION 17. Permanent Forestlands. All forestlands are classified as forest or timberlands.
Titles, settlements, permits, leases, and/or agreements within critical habitats, critical watershed
areas, protected areas and key biodiversity areas (KBAs), shall be reviewed, and their legality
affirmed. All erroneous titles, settlements, permits, leases and/or agreements within permanent
forestlands shall be cancelled or revoked in due course. Non-compliance with and violations of
these instruments shall be grounds for their cancellation or revocation. Provided, that the
applicable provisions of the IPRA of 1997, shall be respected.

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


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

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

c. Ridge tops and plateaus regardless of size found within or surrounded wholly or partially
by forestlands where headwaters emanate;

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;

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.

>o

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

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

SECTION 21, Formulation and Implementation of Integrated Watershed Management
Plans. With the assistance of the DENR and upon mandatory consultations with the concemed
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 (NEMP)

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

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

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

Article Six. Coastal Zones

20


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

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

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

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

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

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

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

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.

SECTION 25. Coastal Land Zone Sub-classification. All public lands in the coastal zones
shall be sub-classified into any of the following: fishponds, mangroves, protection from tidal
surge for preservation of biodiversity, habitats and sanctuaries for endangered wildife, fisherfolk
settlement, or recreationalourism areas. No sub-classification 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 Non-Goverment 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.

SECTION 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

21


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.

SECTION 27. 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.

SECTION 28. Protection of Waterways, Easements and Flood Plains. Structures of any
kind shall not be built in waterways and easements. Pursuant to PD 1067 or the Water Code of
the Philippines, the banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20)
meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject
to the easement of public use only in the interest of recreation, navigation, floatage, fishing and
salvage

The protection of flood plains shall adopt a river basin management approach, in
order to come up with integrated flood mitigation interventions. Development 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 plains shall be
an integral part of the CLUP preparation. Through the CLUPs and zoning ordinances, 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 Department of
Science and Technology (DOST) and DENR, shall deciare 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.

SECTION 28, 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 ollier swamps, marshes, ponds, foreshore lands, and
coastal areas within public lands, including those presently declared available for fishpond
development, The LUPC, in coordination with the DENR, the DA, the FARMCs and the LGUs
shall set aside a portion of available public lands for fish propagation, fish sanctuary,
conservation, ecological purposes and fisherfok 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.

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

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

SECTION 32. Criteria for the Utilization and Allocation of Land for Mining Purposes. The

22


allocation and utilization of lands for mining purposes shall be guided by the following:

a. The principles of sustainable development;

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

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

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

SECTION 33. 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 forest land or agricultural land. The concerned mining companies shall
bear the full cost of rehabilitation of these areas.

Article Eight. Eneray Resources

SECTION 34, 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 Data Base as well as an Energy Resource
Block Map shall be allowed subject to the implementation of complementary watershed
and other land management plans;

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;

d. 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

e. Renewable energy shall be preferred over other energy resource.

SECTION 35. Reversion of Energy Resource Lands. All exhausted indigenous energy
resource lands as determined by the Department of Energy (DOE), which are not covered by
proclamations shall automatically revert to the category of forestlands or agricultural lands open
to disposition, whichever is appropriate, unless the DENR shall classify such areas for other
purposes. Exhausted energy resource lands shall refer to specific energy resource sites whose
energy reserves of the desired type/s are no longer in sufficient quantity or quality to justify
additional expenditure for their extraction and utilization.

Article Nine. Settlements Development

23


SECTION 36. Municipalities, Cities, and Settlements Development. The development of
municipalities, cities, and settlements through CLUP and implemented by the zoning ordinances
of cities and municipalities shall be guided by urban zoning standards designed to maximize
existing urban spaces taking into account studies of pertinent government agencies on climate
change.

SECTION 37. 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 andior 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

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

Within ninety (90) days from the effectivity of this Act, the DENR, in coordination with
concemed 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

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

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

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

Within ninety (90) days from the effectivity of this Act, the NLUPC, in coordination with
concerned agencies, pursuant to HUDCC Resolution No. 521, Series of 1992, Executive Order
No. 124, Series of 1993 and other pertinent guidelines on the matter, shall promulgate the
necessary guidelines for the identification and designation of socialized housing sites. 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.

24


SECTION 40. Zoning of Identified Sites for Socialized Housing. The identified sites for
socialized housing shall be located in residential zones identified by the city or municipality's
CLUP and Zoning Ordinance (ZO) duly approved by the NLUPC. However, for cities and
municipalities where the identified sites are not within the 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 Zoning Ordinance of LGUs shall be reviewed and revised such that the
socialized housing component shalll be integrated thereto.

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

SECTION 42. Guidelines for Identification of Settlement Sites. In identifying settlement
erees, rospecive sites should be
within alienable and disposable lands but not in environmentally-critical, geo-hazard or
other protection areas;
along established urban growth directions;
with provisions for or can be provided with basic services and utilities;
| 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,

@aoo

SECTION 43, Urban Forest or Green Space. Each city or highly-urbanizing municipality shall
identify, designate, and allocate lands owned by the city or municipality as urban forest or green
space, based on the guidelines and standards to be issued by the DENR and approved by the
NLUPC.

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

Article Ten. Industrial Development Areas/Sites

SECTION 45. 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), IPRA, 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;
¢. Identified growth areas and corridors in the National Development Plan;

25


d. NIPAS and non-NIPAS areas such as but not limited to KBAs and restored areas that
require protection;

e. National and Urban Development and Housing Framework,

f. Identified Socialized Housing Zones; and
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 shail become an integral part of the land use plan and zoning ordinance of the city or
municipality where these areas are located. The laws on CARP Extension with Reforms, IPRA,
UDHA, the Fisheries Code, AFMA and the Local Government Code shall apply to all Special
Economic Zones and Free Ports

Article Eleven. Tourism Development Areas

SECTION 46, Designating Tourism Development Areas. The identification, selection, and
development of tourism development areas, and Tourism Enterprise Zones (TEZs) shall be
done in consultation and coordination with the concemed LGUs, Tourism Infrastructure And
Enterprise Zone Authority (TIEZA), Department of Tourism, and other concerned national
government agencies, the private sector and the affected communities, subject to the provisions
of R.A, No, 9598 or the Tourism Act of 2009. Tourism development areas shall likewise include
those covered by legislative and executive issuances such as tourist spots, tourist zones and
tourism ecozones which can be developed into tourism estates or integrated resort, leisure and
recreation complexes and other tourism-related facilities as well as those identified in the
national, regional, and area-specific tourism master plans and other sector plans, such as
ecotourism and agri-tourism sites: Provided, That such sites designated for tourism
development are outside of areas identified for protection land use, As much as practicable,
community-based tourism shall be the principal mode of tourist spot operation. The laws on
CARPER, IPRA, UDHA, Fisheries Code, AFMA, 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
Zoning Ordinances of the cities or municipalities where these are located

SECTION 47. 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 concemed 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 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 Twelve. Infrastructure Development

SECTION 48. Allocation and Use of Land for Infrastructure Development. Land, whether
public or private, shall be allocated and utilized for priority infrastructure projects that are
supportive of national or local development objectives. The National Economic and

26


Development Agency (NEDA), in consultation with the concemed national government
agencies, LGUs, and the private sector shall identify and periodically review, update and/or
revise the list of priority infrastructure projects under an over-all national strategic infrastructure
development plan subject to the provisions of this Act, AFMA and IPRA; Provided, That such
national strategic infrastructure development plan shall be consistent and integrated in the
objectives and directions of the NPFP.
In determining and evaluating the list of priority infrastructure projects, consideration
shall be given to those that
1. Respond to immediate and vital requirements of the national and regional economy with
priority to improving production-market integration, inter-modal transport, conveyance
and logistics linkages, rural infrastructure and the development of the agriculture and
fisheries sectors;
2. Upgrade existing facilities to international public safety standards;
3, Address the need for sustainable settlements development; and
4. Mitigate the destructive effects of natural disaster-causing phenomena or those that shall
serve as alternatives to existing infrastructure found in natural hazard-prone areas;

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

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

SECTION 49. 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, socio-cultural, and environmental impacts that will emanate from these infrastructure
projects, subject to the findings and recommendations of a feasibility study/EIA in accordance
with Presidential Decree No. 1886 (EIS System) and Republic Act No. 4846 or the Cultural
Properties Preservation and Protection Act.

Existing projects that were undertaken without the required environmental impact
assessment and which pose a threat to the environment, or to the integrity of historic,
archaeological, or scientifically significant areas, or impinge on critical ecosystems, may be
terminated immediately, or gradually phased-out 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

SECTION 50. National Land Use Planning Process. The physical framework and land use
planning process shall be participatory, following a combined bottom-up and top-down

27


approach, with mandatory public hearings/consultations conducted at all levels, and shall
consider available and updated muttidisciplinary scientific information of land uses.

‘A set of national policy guidelines and standards for physical planning shall be
formulated by the National Land Use Policy Council (NLUPC). These shall guide the preparation
and formulation of the national, regional and provincial physical framework plans
(NPFP/RPFP/PPFP).

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 National Physical Framework Plan (NPFP) shall define the national strategy and
objectives of the country’s urban, rural and regional development. It shall guide the rational
distribution of population, access to economic opportunities and social services, sustainable
utilization of resources, and maintenance of environmental integrity.

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs) AND Provincial Physical Framework Plans (PPFP).

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

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

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

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

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

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

SECTION 52, Regional Physical Framework Plan. The RPFP shall provide broad spatial
directions and policy guidelines on protection land use, production land use, settlement
development, and infrastructure development at the regional level and guide the formulation of
the PPEPs. 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, shail formulate and periodically update the RPFP based on the guidelines issued by the
NLUPC, in a manner consistent with and following the objective of the NPFP. Likewise, the
Medium-Term Regional Development Plan (MTRDP) and the Medium-Term Regional

28


Development Investment Program (MTRDIP) shall be guided by and made consistent with the
objectives identified in the RPFP.

SECTION 53. Provincial Physical Framework Plan. The PPFP shall determine the physical
development of the entire provincial territory, consolidate and harmonize the comprehensive
land use plans of component cities and municipalities, consistent with the RPFP. It shall reflect
the indicative land use management and physical development direction of the province

Further, the PPFP shall serve as basis for 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 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 PPFP and consolidate them into a PPFDP; Provided, That PPFDP shall remain
consistent with the PPEP; Provided further, That any review or changes in the PPFP shall
coincide with the over-all review process of the NPFP.

The Provincial Land Use Planning and Management Board (PLUPMB), created under
this Act, shall ensure that the PPFP is consistent with the national and regional planning
framework and guidelines issued by the NLUPC/RLUPC. The PPFP shall be presented to the
Provincial Development Council (PDC) for endorsement to the Sangguniang Panlalawigan, 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 Coordinator/Office (PPDC/PPDO) shall provide technical, secretariat and
administrative support in the preparation, consultation, integration and formulation process of
the PPFP.

SECTION §4, City and Municipal Land Use Plans (CLUPs). All barangays shall provide their
sectoral, temporal and spatial data for the CLUP which shall serve as the foundation for the
formulation of the city/municipal CLUPs, The data shall be provided by the Sangguniang
Pambarangay through stakeholder consultations. The Comprehensive Land Use Plan (CLUP)
shall determine the specific uses of land and other physical and natural resources, both private
and public, within their territorial jurisdiction including areas co-managed with the national
government and, as appropriate, management plans for ancestral domains, critical watersheds,
river basins, and protected areas.

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

29


Under the general supervision of the respective C/MLUPB, the City/Municipal Planning and
Development Coordinator/Office (C/MPDC/PDO) shall provide technical, secretariat and
administrative support in the preparation, consultation, integration and formulation process of
the respective CLUPs of each city or municipality.

The CLUPs shall be submitted by the city/municipal local development councils (LDC)
for adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs shall be
submitted to the province for integration into the PPFP.

CHAPTER V. IMPLEMENTING STRUCTURE AND MECHANISM

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

a. Formulate land use planning guidelines in the preparation of the CLUPs and zoning

ordinances of local goverment units to ensure compliance with the national policies,

objectives, priorities and directions set by the NLUPC;

b. Provide technical and other forms of planning assistance to, including capacity-

building for, local government units and zoning boards; and

c. Act as the appellate body on decisions of local zoning bodies on locational clearance

applications and/or oppositions thereto and other zoning issues involving private rights.
The NLUPC shall act as the highest policy making body on land use and shall resolve land use
policy conflicts between or among agencies, branches, or levels of the government. It shall
integrate efforts, monitor developments relating to land use and the evolution of policies.

SECTION 56. 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:
The Secretary of the Department of Agrarian Reform (DAR);
The Secretary of the Department of Agriculture (DA);
The Secretary of the Department of Environment and Natural Resources (DENR),
The Secretary of the Department of Interior and Local Government (DILG);
The Chairperson of the National Commission on Indigenous Peoples (NCIP);
The Chairperson of the Housing and Urban Development Coordinating Council
(HUDCC);
|. The Chief Executive Officer of the Housing And Land Use Regulatory Board (HLURB);
|. The Administrator of National Mapping And Resource Information Authority (NAMRIA):
President of the League of Cities of the Philippines (LCP),
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, fisherfokk, 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

moaoss

arose

30


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

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

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

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

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

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

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

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

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

|}. 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.

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

CHAPTER VI. REGIONAL AND LOCAL LAND USE POLICY BODIES

SECTION 59. Regional Land Use Policy Council (RLUPC). At the regional level, the
Regional Land Use Committee (RLUC) is hereby abolished and in its stead, the RLUPC shall be

31


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
Tespective provincial physical planning and comprehensive land use plans of LGUs
within its jurisdiction;

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

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

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

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

zs ea>o

In forest land use management, where the watershed area/continuum covers several
municipalities across different provinces, an inter-LGU task force composed of representatives
from RLUPC and the concerned MLGUs where the watershed area is located shall be formed
With the assistance of the DENR and upon mandatory consultations with the concerned
sectors, the inter-LGU task force shall formulate the watershed management plan for the said
watershed area

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

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

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

b, Submit to the PDC the draft CLUP for its transmission to the Sanggunian Panlalawigan
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:

22


iate period of time or upon instruction and advice by the NLUPC,

ite @ progress review of the PPFP and the achievement of its stated
objectives and goals and update the PPFP:

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

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

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

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

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

Section 62. Composition of the PLUPMB. The PLUPMB shall be composed of the following
fifteen (15) members to be selected based on the rules to be formulated by the NLUPC as
provided in this Act

a. Provincial Planning and Development Coordinator (PPDC);

b. Chairperson of Sanggunian Panialawigan Committee on Environment and Natural

Resources;

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

|. Provincial Agrarian Reform Officer (PARO):

Provincial Environment and Natural Resources Officer (PENRO);

Provincial Agricultural Officer (PAO);

NCIP Provincial Officer;

HLURB Regional Officer

Three (3) representatives from the local business or private sector; the developers’

association and accredited associations of professionals dealing with land use such as,

but not limited to, urban and regional planners, environmental planners, architects,
geologists, geodetic engineers; and chamber of commerce, who shall be appointed from
among the accredited organizations within their respective development councils;

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

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

r-sa>@a0

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

33


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
Tepresentatives of the DA, DPWH, DOTC, DOT, DENR, DAR, DECS, NCIP and other
concemed national agencies to assist the PLUPMB in the performance of its roles and
mandates.

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

SECTION 63 City/Municipal Land Use Planning and Management Board (C/MLUPMB. A
City/Municipal Land Use Planning and Management Board or (C/MLUPMB) is hereby created
under this Act in all municipalities and cities, including highly urbanized and component cities, to
oversee the preparation, integration, adoption and approval of their respective Comprehensive
Land Use Plans (CLUPs). It shall issue a Certificate of Compliance prior to the submission of
the CLUP to the Sanggunian to ensure the consistency of such plans with approved national,
regional and provincial planning guidelines. The C/MLUPMB shall also be directly responsible
for the effective management and implementation of the approved CLUP and for ensuring that
existing and future local policies, including zoning ordinances, development initiatives, programs
and projects introduced within its jurisdiction are consistent with and supportive of the land use
resource management and physical planning objectives, directions and character identified by
the approved CLUP.

Section 64, Powers and Responsibilities of the City/Municipal Land Use Planning and
Management Board. The C/MLUPMB shall exercise the following powers and functions

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

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

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

d. Submit to the LD 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;

1. 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,

g. Advise the Sangguniang Bayan 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.

34


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

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

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

3. President of the Association of Barangay Captains (ABC);

4. Municipal Agrarian Reform Officer (MARO):

5. LGU Environment and Natural Resources Officer (City/Municipal ENRO);

6. Municipal Agriculture Office (MAO);

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

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

9. Designated Board Chairperson to be chosen among the members.

Except for ex-officio members, the members of the C/MLUPMB shall be appointed to a term of
three (3) years, subject however to the elected office held, government employment and/or
official designation in the local government unit, national agency and/or local business/private
sector association or basic sector group representation in the board. The NLUPC, within 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
Coordinator/Office (C/MPDC/O) shall provide technical secretariat and administrative support
and resources for the effective operation of the C/MLUMPPB.

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

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

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

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

SECTION 66. Approval and Review of PPFP and CLUPs. The PPFP and CLUPs of the
respective cityimunicipal 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.

SECTION 67. Approval of RPFP and NPFP. The RPFP and NPFP shall be submitted for

35


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

CHAPTER Vill. MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SECTION 68. 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 National Mapping
And Resource Information Authority (NAMRIA) as the lead agency, the Bureau of Soils and
Water Management (BSWM), the Forest Management Bureau (FMB), the Land Management
Bureau (LMB), the Land Registration Authority (LRA), the Protected Areas And Wildlife Bureau
(PAWB), the Mines And Geoscience Bureau (MGB), the Philippine Institute of Volcanology and
‘Seismology (PHIVOLCS), the Department of Agrarian Reform (DAR), Department of Agriculture
(DA), National Commission on Indigenous People (NCIP), the National Water Resources Board
(NWRB), the Department of Energy (DOE), the National Disaster Risk Reduction and
Management Council (NDRRMC), the National Economic Development Authority (NEDA), and
other concerned government agencies. The ITC shall be constituted, and the mapping and
spatial data infrastructure program shall be initiated within thirty (30) days from the effectivity of
this Act. The program shall be responsible for the production of base and decision maps and
associated spatial databases for all planning levels based on the guidelines of 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 data infrastructure plans
which shall be the basis for subsequent funding and eventual project implementation and/or
operation

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

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

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

For purposes of uniformity and standardization, the LGUs, assisted by the appropriate
agencies of the national government, shall likewise prepare their respective maps using scales,
symbols, and other indicators to be prescribed in accordance with this Act. The completed maps
shall be integrated in the National Physical Framework Plan pursuant to section 51 of this act.

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

Pertinent maps to be produced through the NMSDIP shall include among others:

Topographic Maps;

Geologic Maps:

Hydrologic Maps:

Climate Maps;

Soils Maps:

Slope Maps:

spaogsp

36


Mineral Resource Maps;
Existing Land Use Maps;
i. Land Suitability Maps for:
1) Settlements
2) Agriculture
3) Industrial areas
4) Others
j. Agricuttural Maps:
Network of Protected Areas for Agricultural and Agro-industrial Development;
2) Commodity Specific Development Guide Maps;
3) Land Limitation Maps;
4) Cropping System Zones Maps;
5) Hydro-ecological Conditions Map;
6) Irrigation Systems Maps;
k. Land Classification Maps;
Municipal Waters Delineation Maps and MPAs;
m. Geo-Hazards Maps:
1) Flood Prone Areas;
2) Hazard Zonation Maps for Volcanoes;
3) Map of Fault Systems;
4) Tsunami Prone Areas;
6) Erosion Prone Areas;
Tourism Maps;
Transportation Maps;
Traffic Flow;
|. Maps Designating Areas Served by:
1) Power
2) Tele-communications
3) Water
r. Maps indicating the following facilities:
41) Health
2) Education
3) Power
Domestic Water Supply
Industrial Areas
Population Distribution Map
Ancestral Domain Map
NIPAS Areas
Areas Suitable for Urban Expansion
Watershed Areas
Forest Lands
4) Protection Areas
2) Production Areas
3) Restoration Areas
a) Key Biodiversity Areas
b) Marine Protected Areas

se

evox

NExe<er9

SECTION 70. 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 fulfilment of this provision shall
be included in the annual appropriations of the DENR: Provided, Further, That the complete

a7


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

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

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

SECTION 72, Ground Delineation of Land Use. For effective planning to take place at the
local level and for the easy enforcement of the Zoning Ordinance of each city/municipality, land
uses must be identifiable both on the map and on the ground. A Joint Committee comprised of
the LGU, as represented by its M/CLUPMB, and of the national government agency concerned,
to be assisted by the C/MPDC, shall identify and delineate on the ground the land uses within
their jurisdiction, The following shall be given priority.
a. Forest Lands
1) Protection
2) Production
b. Ancestral Domains
c. NIPAS Areas
1) Strict Protection Zone
2) Multiple Use Zone
d, Watershed Areas
1) Critical
2) Multiple Use
. Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD)
Socialized Housing Sites and Settlement Expansion Areas
Extents of Environmentally-Constrained Areas
Easement Areas
Critical coastal areas
4) Mangroves
2) Seagrass

-sea>0

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.

SECTION 73. National Geo-hazard Mapping Program. Within thirty (30) days from the
effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly through
the NLUPC by the PHIVOLCS, the Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA), the NAMRIA, the Mines and Geosciences Bureau (MGB),
and the DOE, in coordination with the NDRRMC, the Regional Disaster Risk Reduction
Management Councils, and other concerned government agencies. The program shall include
the generation of indicative geo-hazard zoning maps that will outline areas in the Philippines
which are prone to liquefaction, landslides, flooding, lahar, ground rupturing, tsunami, river

38


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.

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).

SECTION 74. Scope and Nature of Responsibilities of Other National Government
Agencies. All concemed national goverment agencies/bodies shall periodically report to the
NLUPC on the various activities and accomplishments on land use. Likewise, they shall provide
their respective sectoralidevelopment plans and provide technical and administrative support if
called upon by the NLUPC for the implementation of the provisions of this Act.

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

CHAPTER IX. TRAINING, EDUCATION AND VALUES FORMATION

SECTION 76. Values Formation. In order to develop a wellinformed, 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.

SECTION 77. Information/Education Campaign and Capacity Building The NLUPC shall
undertake a nationwide informatior/education campaign on land use and physical planning to
be implemented by local and national government agencies. The DILG and concemed 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.

APTER TI |CTIONS AND PENALTIES
Article One. Incentives and Awards

SECTION 78, 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,
SECTION 79. Priority in Giving Technical Assistance to LGUs. In providing technical
assistance and other forms of support related to land use management and implementation of
development plans, national government agencies shall give priority to cities and municipalities
with approved CLUPs and ZOs.

Article Two. Sanctions and Penalties

39


SECTION 80. 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 6657 (CARL), as amended by Republic Act 9700, shall
apply. A landowner andlor the designated developer or duly authorized representative who fall
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 years from the date of the conversion order:

1) Three percent (3%) for the first three hectares;

2) Ten percent (10 %) for the next three 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.

SECTION 81. Persons Abetting Illegal Conversion. Any person initiating, causing, inducing,
or abetting iliegal conversion with intent shall be punished with imprisonment or a fine in
accordance with Act No. 3816 or Republic Act 3019, or both at the discretion of the court

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

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

SECTION 82. 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 non-agricultural uses of protected agricultural areas
as defined in Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a
fine of not less than One Hundred Thousand Pesos (P100,000.00), or both at the discretion of
the court

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

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

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

40


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

SECTION 84. Authority to Impose Fine. The DAR shall have the authority to impose the
penalty provided under the preceding sections.

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

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

SECTION 87. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning
Ordinances (Zs). 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 in the NPFP;

b. Failure to complete the preparation of the CLUP despite the availability of funds,

resources, and support by the Sanggunian concemed;

¢. Fallure to provide appropriate budgetary allocation to effect its implementation; and

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

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

a. Three (3) to six (6) months, in case of non-completion of the CLUP; or

b. Three (8) to six (6) months, in case of non-conformity with the NPEP;

¢. Six (6) to nine (9) months, in case of non-implementation of the CLUP;
Failure to comply with the provisions of IPRA on the formulation of CLUP shall be penalized
according to Section 72 of the IPRA,

SECTION 88. Illegal Conversion of City or Municipal Parks, Communal Forests, and Tree
Parks in Subdivisions. Penalties in the amount of One Hundred Thousand Pesos
(P100,000.00) to Five Hundred 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. legally converting or causing the conversion of a city/municipal park, communal forest,
or tree parks within subdivisions established pursuant to Presidential Decree No, 953,
requiring the planting of trees in certain places, into other uses including the construction
of permanent buildings;

a4


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

c. Setting the above mentioned forest and parks on fire, or negligently permitting a fire to
be set therein; and

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

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

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

All improvements made therein, as well as 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 the proceeds from which shall accrue to the
Forest Conservation and Development Fund (FCDF).

CHAPTER XI. TRANSITORY AND FINAL PROVISIONS

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

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

SECTION 90. Convening of the NLUPC. Within thirty (30) days from the effectivity of this Act,
the Chairperson shall convene the NLUPC. The Head of the NLUPC Secretariat shall
immediately assume his/her position

SECTION 91. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the NLUPC shall promulgate its implementing rules and regulations (IRR)
including the rules on the selection of the members of the C/MLUPMB and the PLUPMB. It
shall take effect fifteen (16) days after its complete publication in the Official Gazette or in at
least two (2) newspapers of national circulation.

SECTION 92. 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) senators representing 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.

42


SECTION 93. Transfer of Powers and Functions. The functions of the HLURB on land use
planning as provided for under Sections 5a,5b,5¢,5d,5e,and 5f of Executive Order No. 648
Series of 1991 and EO No. 72 series or 1993, shall be immediately transferred to the NLUPC
and its appropriate sub-national LGU structures, except as provided in Section 55 hereof.
Nothing in this Act shall be construed to transfer or limit functions embraced within the said
provisions that pertain to or relate to HLURB non-planning functions.

SECTION 94. Appropriations. The amount needed for the initial implementation of this Act
shall be charged against the current year's appropriations of the NEDA Board-National Land
Use Committee (NB-NLUC). Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the Annual General Appropriations Act

SECTION 95. 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

SECTION 96. 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.

SECTION 97. Repealing Clause. Section 10 of the AFMA and Sections 447 (a2vii) and 458
(a2vill) 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 (LO!) 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. Letter of Instruction No. 1350, series of 1983, Presidential Proclamation
2282, series of 1983, and all other general and special laws, acts, decrees, executive
orders, proclamations and administrative regulation, or any part thereof which are inconsistent
with this Act are hereby repealed or modified accordingly.

‘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,

SECTION 98. 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 Act Nos, 7279, 6657 as amended by RA
9700, 8371, 8550 and 7942

SECTION 99. 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 thereby shall
remain in full force and effect.

SECTION 100. Effectivity Clause. This Act shall take effect fifteen (15) days after its

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

Approved,

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