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

EIGHTEENTH CONGRESS
First Regular Session

3062

House Bill No.

Introduced by: HON. JERICHO JONAS B. NOGRALES

EXPLANATORY NOTE

The need for a national land use plan is a very basic one that defines the level
of development reached by any country. To date, our country has none, and
this does not speak well of our country's development. And although we see
the development of high rises and super malls everywhere, we cannot say
that the future of our people is safe and secure from hunger, pollution,
homelessness, lack of water, overcrowding, or safe from even the simplest
strain of communicable disease that we can get from overcrowded and
unclean surroundings.

Without a national plan for land that can withstand the test of time and political
storms, land will remain to be either over or underutilized and will never fully
benefit the pieceedi generations and multitudes of Filipinos. We have local
land use plans, but these are what they are — local. To move forward as a
nation facing head on problems of a national scale, we need to move as a
people in step with a national plan.

Let us therefore adopt a national land use and management policy that will
unify all the conflicting priorities of stakeholders from various sectors and
move this country forward. This law shall be a set of policies and guidelines
to determine land use based on the assessment of the development needs of
various sectors as identified by the sectors and stakeholders themselves.

The national land use bill therefore promotes:

1. The principle of sustainable development and just management,
and utilization of natural resources; _

2. Clear delineation of land use categories; nf

3. Protection of prime agricultural lands for food security and
sufficiency;


4.

Integration and institutionalizing people's participation in land use
planning and applies the combined bottom-up top-bottom approach
In land use Planitia: i" - 7
National Physical Framework Plan which shall define the national
strategy and objective of the country's urban, rural, and regional
development; . : > 7
Creation of the National Spatial Database Information and Mapping
pier Agency Support System; and i
Final determination and ground delineation of the country's
permanent forest line and completion the Geohazard Mapping
rogram to effectively provide adequate and up to date information
necessary for land use planning.

For three consecutive Congresses, the House of Representatives had sent
to the Philippine Senate its perfected version of a National Land Use Law,
and on three separate occasions, the bill failed to see the light of day. But
the need for a national land use law has not diminished, and instead has
pone in magnitude along with the growing population that needed this vital
law yesterday.

The passage of this important measure is thus most earnestly sought.

ot JONAS y NOGRALES


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

Eighteenth Congress
First Regular Session

3062
House Bill No.

Introduced By: Hon. Jericho Jonas B. Nograles

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

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

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

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

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


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government in accordance with the Philippine Constitution and Republic Act 7160 or the
Local Government Code of 1994

Toward this end, he State shall institutionalize land use and physical planning as a mechanism

for identifying. determining, and eveluating appropnate lend use and allocation pattems that
promote and ensure

)

2

2

4)

5)

6)

9)

Maintenance and preservation of environmentat integrity and stability,
Sustainable and just management and utilization of natural resources

Disaster nsk reduction and climate nsk-based planning:

Protection of prime agncuttura! lands for food secunty, with emphasis on seit-sufficiency
through efficient and sustainable use of land resources consistent with the principles of
sound agncultural development, natural resources development, and agrarian reform:

Protection and conservation of the country’s natural heritage, permanent forest iands,
natural forests, critical watersheds and key biodiversity areas to ensure adequate forest
over to maintain ecological processes in the country

Sustainable development and management of water resources,

Setliements, transportation and other infrastructure: development in support of inclusive
growth and rural, urban and ragional development:

Improved access to affordable housing by increasing the supply theraof through direct
silocaton, better access to unutilized ands, and increased production of muttinle use
‘and higher density projects. where appropriate:

Respect for and protection of the traditional resource right of the indigenous Cultural
Communities/indigenous Peoples (ICCs/Ps) to their ancestral domains, compliance with
free and prior informed consent of ICCsiIPs; 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 disadvantaged sectors defined under RA 8425 of the Social Reform and Poverty
Alleviation Act sectors:

11)Energy securtty or energy self-sufficiency

12) Preservation and conservation of parks and protected areas to keep the scenery, the

natural and historic objects, and the biodiversity therein in their natural state and prevent
therm from being damaged for purposes of public recreational use and enjoyment. and

13)Meaningful participation of the basic sectors.

Sec. 3.

Scope. This Act shall apply to all tands and all resources therein. whether public.

Phvale, govemment-owned, andior in the possession of any person, whether natural or juntdical
and shall guide the rational, holistic snd just allocation, utiization, development and

2


management of the country’s land and water resources incuding such activities that bear
impact on said resources

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

a Agricultural Land refers to the sub-class of classified agricultural lands devoted to or
Suitable for the cultivation of the soll, planting of crops, growing of trees, raising of livestock,
Poultry, fish or aque-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 no! classified as residential land, commercial land
oF industnal 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 surtable for non-agricultural purposes under an approved order of conversion issued
by the appropiate goverment agency.

c. Allenable and Disposable Lands of the Public Domain refer to lands of the public
domain which have been delineated, ciassified, and certified as such and available for

disposition under Commonwealth Act No.141, otherwise known as the Public Land Act, as
amended,

@ Ancestral Domains refer to ail areas generally belonging 10 indigenous cultural
communities/indiganous peoples as defined in Republic Act (R.A) No. 6371. otherwise
known as the Indigenous Peoples Rights Act (PRA) of 1997

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

{ Classified Agricultural Land refers to one of the four (4) classifications of land under
the Constituton not classified by law as mineral land, forest land or national park and the
‘only land classification subject to alienation

9 Coastal Araa/Zone refers to a band of dry land and the adjacent ocean space (water
and submerged land) in which terrestnal processes and uses directly affect oceanic
Processes and uses and vice versa. Its geographic extent may incude areas within a
landward limit of one (1) kilometer from the shoreline at high tide to inchide mangrove
swamps, brackish water ponds, nips swamps, estuarine rivers, sandy beaches and other
areas within 8 seaward limit of two hundred (200) meters isobath to include coral reefs, aga!
flats, seagrass beds. and other soft-bottom areas

h_ Comprehensive Land Use Pian (CLUP) refers to a document embodying a set of
Policies, accompanied by maps and similar ittustrations that serve as a policy guide for
determining the future use of ands and natural resources within the tertorial jurisdiction of
the LGUs. I represents the community-desired pattem of population distribution and
Proposes future allocation of ind and resources to various activites. It includes the
processes and critena employed in such determination of allocation of land and resources. It

3


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18.2 plan for the long-term management of the local territory covering a period of minimum of
ten (10) years, reviewable not sartier than avery five (5) years based on the four (4)
categones of land use planning provided mn Section 6 of this Act,

| Comprehensive Land Use Pianning refers to the act of defining the allocation,
uulization, development, and management of ail lands within & 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.

1 Critical Watershed refers to watersheds or forestlands that have been identified and
evaluated to provide critical and vital natural, ecological, environmental and physical
Deneficial services such as water, biodiversity, energy. iitigation, social and cultural. among
others to @ specific area or community and whose biophysical condition demands immediate
rehabilitation, protection and management to prevent its further denudation, deterioration
and exploitation

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

| Customary Laws refer to @ body of written and/or unwritten rules, usages, customs and

Practices traditionally and continually recognized, accepted, and observed by respective
ICCS/IPs consistent with the IPRA,

m Danger Zones refer to areas with high level of threat to the lives and wal-being of
People thet cannot be addressed through scientific, physical and engineering methods, and
are therefore not sutable for settlement and permanent structures. Areas can only be
declared as Danger Zones after proper technical studies and public consultations with
affected families are conducted.

© Development Plan refers to 2 document that definés the activities and measures that
the national government or LGUs intand 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 iegisiative
institutional and sectoral plans of the national goverment or any of its instrumentalities or a
Particular LGU, consistent wath the objectives identified in spatal plans such as land use
plans or physical framework plans. it may include an analysis of problems and resources,
definition of goats and objectives, policy guidelines, project and target achievements, and an
implementation mechanism which defines the roles and contributions expected from the
govarniment and the private sector.

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

b Disaster Risk Reduction refers to Ine concept and practice of reducing disaster risks
through systematic efforts to analyze end manage the causal factors of disasters, including
feduced exposure to hazards, lessened vuinerabilily of people and property. wise
Management of iand and the environment. and improved preparedness for adverse events:

a. Ecologically-fragiie Lands refer to lands within cntical watersheds, brackish and
freshwater wetlands pasture lands, infand rivers and waterways, coasta! and settiement


areas, and croplands which require rehabilitation, protection snd whose continued
unsustainable use would result in physical risks and threats to ie and property, public
health and safety, as well as adversely affect the productivity of lowland agricultural areas
and stability of the upland system

«Ecotourism refers to 8 form of sustainable tourism within @ natural and/or cultural
hentage area where community participation, protection and management of natural
resources, culture and indigenous knowledge and practices. environmental education and
ethecs. as weil as economic benefits are fostered snd pursued for the enrichment of host
‘community and satisfaction of visitors;

3 Energy Resources refer to surface or subsurface substances that serve as energy
sources These are traditionally mineral fuel deposits such as coal, patrojeum, natural gas or
renewable resources from geothermal, hydro reservoirs, or non-conventional sources
inchiding ocean waves. solar wind, biomass, and other similar resources which serve the
same purpose

1 Energy Resource Lands refer to lands where ‘Naturally occurring or indigenous energy
resources exst in sufficient quantity and/or quality @s to be economically viable for
exploration, development, production, utilization, and distribution Pumoses,

u_ Environmentally Critical Areas refer to areas deciared by law as ()) areas for natural
Parks. watershed reserves, wildlife preserves, and sanctuaries, (i) areas set aside for
aesthetic and visual valve, (ii) areas that consiitule the habitat for any endangered or
threatened species of indigenous Philippine wildlife both flora and fauna; (iv) areas of unique
historic, archaeciogical, or scientific interests; (v) areas that are traditionally occupied by
ICCS/IPs, (vi) areas with critical slopes; (vii) areas frequented and/or hard hit by natural
calamites 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, (xii) rivers and riverbanks; (xiii) swamp forest and marshlands: (xiv)
foreshore lands, (xv) protected areas pursuant to Republic Act no. 7586 or the NIPAS act of
1992; and (xvi) areas Set aside as aesthetic potential tourist spots. This term shall aiso
inckide other terrestrial, aquatic and marine areas that need special protection end
conservation measures because they are ecologically fragile or they are needed for food
secunty and food self-sutficency 9s determined by concemed agencies and LGUs in
consultation with the concamed stakeholders

v_ Exhausted Mineral Resources refer to a situation where the mineral resources In

Specific sites are no longer in sufficient quantity or quality to justify additional expenditure for
extraction of utilization,

w Flood Plain refers to the portion of @ nver valley adjacent to # nver channe! which is
covered with water when the fiver 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 of active water
bodies and which therefore experience reguier or sessonei inundation as @ resut of
changes in the mean water level of these bodies or because of and reclamation and other
artificial interference with the natural processes.

y. Food Security refers to the policy objective of Meetng the requirements for food
availability, accessibility, and affordability requirements of the presant and fulure


Generations of Filipinos in a sustainable manner, through local production or importation in
cases of shortage based on a micro fevel situation, or both, and taking into account the
country’s existing and potentiai resource endowments and reiated 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 m a sustainable manner based on the country's
existing and potential resources and related production advantages:

aa. Foreshore Land refers to a string of jand 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
olher woody vegetation; a community of plants and animals interacting with one another and
its physical environment

ce Forest iands 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 and. national park and classified agricuttural lend. These include all permanent
forest, forest reserves. forest reservations, and ail the remaining unclassified lands of the
Public domain:

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

ee. Forest Land Sub-ciassification refers to the process of determining the most
appropnate and sustainable use of forest lands primary @8 protection forest and production
forest They may be further sub-classified as grazing/pssture land, recreational areas and
other uses taking into account ecological, social and economic considerations

1 Free, Prior and Informed Consent (FPIC) refers to the consensus of ali members of
the ICCs/Ps to be determined in accordance with their respective customary laws and
practices, free from any extemal manipulation, interference and coercion, and obtained after
fully disclosing the intent and scope of the activity, in a isnguage and process
understandable to the community,

99 Geo-hazards refer to nature and human-induced geological processes thal have
potential to cause destruction and which pose a threat or risk to & person's life and property
These may include but are not limited to ground, water and weather-related conditions.
volcanic and earthquake induced hazards such as ground shaking. ground rupture.
earthquake-induced landslides, liquefaction and tsunami

hh. indigenous Cuttural Communities/indigenous Peoples (ICCsMPs) refer to groups of
people or homogenous societies identified by sel—ascription and sscription by others, who
Nave continuously lived as organized community on communalty bounded and defined
lertitory, and who have. under claims of ownership since time tmmemonal. occupied.
possessed and utilized such termtories, 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

6


historically differentiated from the majonty of Fiipinos ICCs/Ps shall likewise include
peaples who are regarded as indigenous on accoun! of their descent from the populations
which inhabited the country at the ime 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 end political institutions, but
who may have been displaced from their traditional domains. or who may have resettled
outside their ancestral domains

4 Inland Waters refer to waters, which are not coastal and marine waiers, and not subject

to acquisitve prescription consistent with the provisions of Presidential Decree No. 1087 or
the Water Code of the Philippines.

il 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, of participation
of individuals, groups. communities and other stakehokiers benefiting from these areas and
water-related mfrastructure:

kk Key Blodiversity Areas (KBAs) refer to present 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
dentified nationally using simple, standard criteria, based on their importance in maintaining
species populations:

il Land refers to resources, both artificial and natural, found on the surface. below, and
above the ground including injand waters and the air therein;

mm Land Sub-ciassification refers to the act of determining and assigning specific uses
of classified tands such as forest lands. classified agricultural lands, mineral tands and
national parks in accordance with existng jaws and this Act,

nn Land Use refers to the manner of allocation, utilization, management and development
of tang

90 Land Use Classification refers to the act of delineating or allocating tands according to

protection land use, production tand use, setitements development and infrastructure
development as defined and provided for in this Act,

pp. Mandatory Public Hearings/Consuttations refer to the mechanism to ensure the
involvement of concemed stakehoiders and communities in land use planning, from the
barangay to the national level, to ensure the social acceptability of the plans. It should
iavoive giving notice of heanngiconsultation to concemed stakeholders through publication
‘or posting in conspicuous places, conduct of 8 reasonable number of hearings. and
solicitation of positions to arrive at a consensus. Public presentation and validation of the
planning results shail also be undertaken before the final adoption of ihe plans.

4q. Marine Protected Area (MPA) refers to a defined area of the sea astablishad and set
aside by lew, administrative regulation or any other effective means in order to conserve and
protect @ part of or the entire enclosed environment. through the establishment of
management guidelines it includes all deciared areas goveried by specific rules or
Quidelines in order to protect and manage activities within the enclosed area,


‘1 Mineral Exploration refers to the systematic searching or prospecting for mineral
resources including energy resources,

Ss Minerai Lands refer to lands of the public domain, excluding those in permanent
forestiands and protecton lands, where mineral resources are found in sufficient quantity
and quality for extraction, development and utilization

t Muttipte Use of Land Resources refer to the utilization ot management strategy for sny
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 wil produce the optimum
Denefits to the development and progress of the country and the public welfare without
impairment of with the east injury (0 its other resources.

uu Municipal Waters refers to nol only streams, iakes. inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as defined
under Republic Act No 7588 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
‘ine paraliel with the general coestiine mcluding offshore isiands and fifteen (18) kilometers
from such coastline. Where the temitory of @ municipality includes several isiends, the
Gutemmost points of such islands shall be used @s base points and connected by
archipelagic baselines, irrespective of the fengths of such baselines from the main
coastlines, Where two (2) municipalities are situated on opposite shores that there is less
than thirty (30) kilometers of marine waters between them, the third line shaii be equally
distant from apposite shore of the respective municipalities,

vw National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural conditions to the greatest extent
possible

ww National Land Use Policy Council (NLUPC) refers to the administrative, policy-
making, and reguiatory body created under thia Act:

xx National Park caters to forest reservation essentially of natural wildemess character
which has been withdrawn from settlement, occupancy or any form of exploitation except m
conformity with approved management plan and set aside as such exclusively to conserve
the area or preserve the scenery, natural and historic objects, wiki animals and plants
therem and to provide enjoyment of these features in such areas. tt shall aiso refer to lands
and waters of the public domain classified as such in the 1987 Constitution which include all
areas under the NIPAS pursuant to Republic Act No. 7588 or 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 agncuttural areas identified by the Department of Agriculture (OA)
through the Bureau of Soils end Water Management (BSWM) in coordination with the
National Mapping and Resource Information Authority (NAMRIA) in order to ensure the
efficient utilization of land for agnculture and agro-industnal development and 10 promote
sustainable growth The NPAAAD covers all irrigated areas; all irigable lands already


covered by imigation projects, ali alluvial plains; lands highly suitable for agriculture whether
imigated oF not, agro-industnal croplands or ands pianted fo industrial crops that support the
validity of existing agncultural infrastructure and agro-based enterprises, highlands or areas
located at an elevation of five hundred (500) meters or ebove and have the potential for
growing sem-temperate and high value crops, all agricultural lands that are ecologically
fragile the conversion of which wall resull 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 pemetuity for such purpose:

ana Permanent Forestiands refer to forestiands. within public lands. that have been
‘dentified. determined and demarcated on the ground by the State to serve such purpose
and shall be protected, conserved, preserved, maintained and managed ss forestiands tree

from any form of uttization, exploitation or development, and reserved permanently as such
for tha benefit and use of future generations:

bbb Physical Framework Plans refer to the national, regional or provincial indicative
Slans that outline the over-all and macro-ievel physical development objectives, priorities,
directions and strategies in its respective levels as prepared, reviewed. integrated and
finalized by the national, regional and provincial lend use councils/boards, respectively,
based on the Comprenensive Land Use Pians (CLUPs) of the LGUs and the nations! policy
guidelines relating fo land use and environmental management ta prevent or mitigate the

adverse effects of mappropnate 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 af conversion from the DAR Secretary.

ddd. Prime Agricultural Lands. refer to ali contiguous irrigated areas and imigable lands
already covered by imgation projects, ali alluvial plain lands highly suitable for agricutture
whether irrigated or not that have been identified to satisfy the country’s needs for food self-
sufficiency and security, agro-industrial croplands or lands presently planted and suitable to
industrial and high value crops, highlands, or areas located at an elevation of $00 meters or
above and have the potential for growing semi-temperature and high value crops outside of
‘declared permanent forestlands end protection forests, and are not located in ecologically-
fragile and environmentally-critical areas,

cee Production Forest refers to forestland located in production lands managed primarily
for the production of tmber and other tree products:

fff Production Land Use refers to the direct and indirect utitzation of iand to generate
outputs resulting from the following activities. agricultural, fish farming or aquaculture, timber

of agroforestry, grazing and pasiure. mining, indigenous energy resource development,
industry and toursm

999 Protected Areas refer to portions of land and water set aside by reason of their
unique physical and biological significance. managed to enhance biological diversity, and


90

protected against human exploitation. For purposes of this Act, these shall also include alt
Natural forests and agricultural lands identified and delineated under this Act,

hhh Protection Forests refer to forests and forestiands, in both public and private iands,
that have been dentified 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 irom any form of utilization, exploitation or development

«Protection Land Use refers to the use of iand primarty reserved for rehabilitation,
conservation, and protection purposes and the promation of the country’s ecological and life-
support systems.

ty Public Domain refers to tands belonging to the State which may be classified as
agncultural. 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 shat be utilized for non-agricultural uses such as for residential, industrial, or
commercial purposes. through the focal planning and zoning processes pursuant to the
Local Goverment Code of 1991, and subject to the requirements and procedure for
conversion:

iN Resettlement Sites cefer to areas identified by the appropnate national agency o- by the
focal gaverment unit. with respact to areas within its jurisdiction, which shall be used for the
relocaton of the underprivileged and homeless, as defined under Republic Act No 7279 or
the Urban Development and Housing Act (UDHA),

mmm Restoration refers to retuming forestland to its onginal 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
foresied state

000. River Basin refers to the horizontal projection of area from which a river and its
inbutanes receive surface water onginating from precipitation:

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

999 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 settiemnent areas or growth centars;

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

388 Spatial Data infrastructure refers to @ system consisting of spatial data, technology,
policies, practices. relationships, people and resources necessary to acquire, process, store
and distibute spatial information to improve sharing and use throughout all levels of the
Govemmant and private sector. among others. which shall be operationalized through
electronic system that provides access to 8 network of spatial data sources and users and

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40

sa

shail serve as the official linkage of the government to intemational and regional spatial data
infrastructure

itl Socialized Housing refers to housing programs and projects covering homelots,
houses and lots. or low-nse to medium-rise buildings, or high density housing projects
undertaken by the government or the pnvate sector for the underprivileged end 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 Amicie IV of the UDHA and its implementing guidelines:

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

www. or Reclassification of Agricultural Lands refers to the process
undertaken by the LGUs of allocating deciared agricultural lands in their respective territoriai
lunsdictions to specific uses such as residential, industrial or commercial purposes and may
be used a8 a basis for application for tand conversion by the owners thereof,

xxx Sustainable Development refers to the development objective of meeting ihe 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
imtegrity

yyy Sustainable Traditional Resource Rights refer to the nghts 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
*) 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
‘ areas identified as pnories 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.

3aaa Tourism Ecozone refers (0 tourism development arees, outskle protection iands,
which have been granted Special Economic Zone status, through the Philippine Export Zone
Authonty (PEZA) registration and issuance of the required Presidential Proctamation, with its
metes and bounds delineated by said Proclamation, pursuant to Republic Act 7016 or the
‘Special Economic Zone Act of 1995 (SEZA), as amended;

bdbb Tourism Estates refer to iarge tracts of land with well-defined boundaries in any
area, excluding those in protection lands, identified in the Philippine tourism master pian and
regional tourism master plan. by proclamation of the President andor by Acts of Congress
and/or by focal legislation and deciared suited for the development of an integrated tourism

and reson complex with prescribed carrying capacities and timits for its facilities and
activities,


ene

40

coce Tourist Spot refers to a particular area/site/spot, man-made or natural, known for its
unique tounsi/visitor-drawing attributes and activities and which may be cisssified according
to its social, cultural, natural, histoncal, aesthetic, visual, scientific, religious, and recreational
significance:

dddo Tourist Zone refers to a geographic area with well-defined boundaries prociaimed as
such by the President of the Philippines andor by Acts of Congress No development
projects for any purpose shail be initiated and introduced within the zone pnor to the
formulation of a tours master development plan which shail be undertaken in coordination
with the Department of Tourism (DOT) and the Tourlsm infrastructure Enterprise Zone
(TIEZA) A tounst zone 1s established for the enhancement and/or the conservation of
cultural and histoncal hentage end for the appreciation and enjoyment of the local
Population and its visitors;

eee Urban Areas refer to all cities regardiess of their population density and to

municipalities with 8 popuistion density of at least five hundred (500) persons per square
hiometer,

ft Urbanizable Areas refer to sites and jands which, considering present cherecteristics:
and prevailing conditions, display marked and great potential of becoming urban areas
within @ penod of five (5) years.

9999. Urban Forestry or Green Space refers to the establishment or setting-up of areas
for minkforast, eco-parks or smai! nature parks, in both public and private lands: wetlands,
man-made lagoons and takes 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

hhh Water Security refers to the sufficient access throughout the year to the minimum
daily requirement of clean water to maintain # healthy ite

tin Water Use refers to the appropriation of water for domestic, municipal, irrigation, power
generation, inland fishenes. poultry and livestock. industrial and commercial, environmental,
and recreational use

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

kkkk Zoning reters to the regulatory toot for delineating the specific lend uses in
accordance with the approved CLUP within the territorial jurisdiction of @ cityimunicipatity
and specifying the conditions for their regulation, subject to the limitations imposed by law
and competent authority and

' Zoning Ordinance refers to a iocal law passed by the Sangguniang Bayan or
Panlungsod approving the development contro/zaning plan in accordance with an approved
or adopted CLUP of the cityimunicipality, providing for the regulations and other conditions
on the land uses inchiding the {imitation on the infrastructure that may be placed within the


city'simunicipality’s territonal jurisdiction |! incorporates the protected aress, protected
agricultural lands end ancestral lands as provided for in this Act

CHAPTER ti, FRAMEWORK FOR LAND USE PLANNING

Sec. 5.Basic Land Use Considerations. Various jand uses as categorized in the succeeding
section shail be determined in a manner that promotes the policies and principles definad in
Section 2 of this Act and shal consider the following elements of ihe framework therefor, among

others

a

Protection land use category as defined in Section 6 shalt prevail over existing
Production land use category. The Stale shall undertake the necessary action in
changing the classification of these production areas,

Preservation, conservation, rehabilitation and protection to perpetuity of permanent
forestiands, 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 ther
determined use and imits:

Protection of natural forests and natural resources ensures environmental stabilty,
conserve biological diversity, improve ecosystem functions and provide jong-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

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

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

‘Identification of geo-hazard prone areas and high nsk/danger zones and corresponding
risk reduction measures to ensure the prontizalion of ile and safety. Provided. That
specifically identified and assessed as extremely hazardous and high-rish/danger zones
shall be similarly protected and cleared from ail 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

The availablity of natural resources including indigenous energy resources for energy

3


security and self-sufficiency However. infrastructure energy projects such as dams with
large reservoirs in natural ecosystems shail nol be allowed if it would interrupt the
connectivity of river systems, disrupt fish spawning and migration. and alter seasonal
flood regimes

Sec. 6.Categories of Land Uses for Planning Purpose. in determining and defining the
ational, regional and provincial framework pians. and CLUPS, land uses shall be grouped into
four (4) major functional uses as follows

@. 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 Iife-support
systems Planning lor 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 iieffects of
natural hazards

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

1) Natural and Restored Forests. which consist of:

4) All existing areas within forestiand containing primary and secondary forests
of whatever types of species.

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

<) Areas identified as Key Biodiversity Areas,
d) Restoration areas:
e} All mangrove forests,

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

@) 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 Councit
(NLUPC) created pursuant fo Section 55 hereot

2) Rehablitated and/or reforesied degraded mining areas,

3) Critical ecosystems for protection, such as
a) Coral reets,

b) Marshes and wetlands.

¢) Lakes and nvers
6) Caves and

1a


a

5)
6)
7

8)

9)

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

a) Recurrent flooding.

b) Liquefaction;

¢) Tsunamis:

4) Storm surges,

@) Polar vortax,

) Mass wasting

9) Volcanic eruption

fn) Direct impact of seismic activity

) Other disasters caused by climatic conditions, and

1) Other areas that pose a high degree of hazard to human occupation and
actwity

Camtcal watershed areas
Manne Protected Areas,
All prime agricultural lands as defined under this Act;

Ecologicaily fragile and environmentally-critical areas whose conversion will
result fo senous environmental problems and threats to public health and safety,

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

significance, which are deciared as such by Intemationalty-recognized
institutions, and

10) All other areas not inciuded and deciared 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 purpases which are not classified for
Protection land use as defined in this section Areas included in this category are
agricultural lends, coastal and marine zones, production forest, mineral lands,
resource lands, industrial, and tourism development areas where produciive activities could
be undertaken to meet the country’s requirements for economic growth and development.
Production land usé shall compnse of but shall not be fimited to’

4)

Other agncuitural lands not identified as prime agricuttural ands. They shai

15


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consist of but shail not be limited to
4) Lands whose soils are suitable for agricultural development,

b) All alluvial piain lends that are sutable for agncultural production and/or
can be devoted to food production:

c) Ail lands that are traditional sources of staple food:

4) 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 oF province; and

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

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

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

b) All areas within forestlands considered 9s rangelands for grazing
purposes.

Sc} Ail areas within forestiands managed under the community-based forest
Management in areas not classified as protection forests.

4) Rangelands for grazing.
5) Industrial Development Areas; and

8) Tounsm Development Areas, including potential small isisnds for similar
purposes

©, Settements and institutional Lend Use refers to the use of urban and rural lands for
settlements development purposes and/or improvements on existing settlements
involving the spatial distribution of poputation, identification of the roles and functions of
key urban centers, determination of relationships among settlement areas, and the
provision of basic services and facilities to such settlements,

it shall also include lands identified for institutional uses such as educational,
administrative. govemment, law enforcement. health care and social services.
Settiements and institutional iand uses aim to ensure for the present and future
generation the 1} effective integration of activities within and among settlements,
allowing efficient movement of people and production of commodities through the
provision of appropriate land, infrastructure. and facies, and il) access of the
Populaton to housing, education, health care, recreation, transportation and
communication, sankation, and besic utilides such as water, power, waste disposal, and

16


other services

a

Intrestructure Land Use relers to the use of land dedicated to the provision of basic
Services that foster economic and ather forms of integration necessary for producing or
obtsining the matenal requirements of Filipinos, in an efficient, responsive, safe and
ecologically fnendly built environment It includes, among offers. sub-sectors fike: road
Networks, transportation and communication fadiities, social services, environmental
service facilites, and utilities

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

‘Seo.7. Land Use Plans for Ancestral Domains, Land use pians of ancestral domains shail
be formulated by the iCCs/IP themselves in accordance with their particular needs and
traditional resource and management systems with the assistance of the NCIP, the LGUs and
cwvil society organizations (CSOs) concemed. Such plans shail be recognized and adopted in
the barangay, cityimunicipal, provincial, regional and national physical framework plans,

Physica! framework plans made prior to the delineation of ancestral domains included in such
plans oF ordinances shall, without prejudice to the rights of the ICCs/IP concemed, adopt
different land use categories in accordance with their particular needs and traditional resource
and management systems

In cases where there are no ADSDPFs, the LGU and the ICCa/IP shall jointly formulate the tand
use pign within the ancestral domain until such time that the ICCs/IPs have formulated their
ADSDPPs:

Sec. 8. Adoption of Multiple Uses of Land. The primary and attemative uses of a specific
land resource shai! be determined and evaluated by the respective focal land use boards prior
to any decision for the assignment of its use. Areas feasitie for sustainable land resource use
may be considered muttiple-use zones wherein settlements, tourism, agriculture, egro-forestry
and extraction activities and other income-generating, or livelihood activities may be allowed,
except areas under protection iand use.

Provided, That mutiple uses of iand resources shail 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 rectassification
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 shail be respected.

CHAPTER IIL SPECIAL AREAS OF CONCERN
Article One. Land Use Classification

Sec9. 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

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Sec. 15. Respect for Ancestral Domeins. The Ancestral Domain Management Pian (ADMP)
or ADSDPP shall be adopted and integrated into the CLUP and/or other plans that the LGU is
mandated to produce The extant of ancestral domains shail be reflected in the land use pian,
‘and shall be zoned as such in the zoning ordinance. i shall be co-managed by the LGU and IP
community. Additionally, the ADSDPP shall be included in the investment plans of the LGU

Sec. 16. Ancestral Domain Policy Adoption. Ancestral domain policies shell be adopted in
the LGU’s land une policy framework. However, in the event that the ADMP/ADSDPP is stift in
the formulation stage or remains to be formulated, the nght to self-determination, and the

‘observance of traditional resource and management systems and processes shall be upheld at
ali timas, as provided for by RA 3871

Sec. 17. Permanent Forestiands. Ail forestiands are classified es forest or timbertands
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 Ai! erroneous tives, settlements, permits, leases and/or agreements within permanent
forestiands shall be cancetied or revoked in due course. Non-compliance with and violations of
these mstruments shall be grounds for their cancellation or revocation: Provided, That the
applicable provisions of the RA 3871. shal be respected

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

‘Sec. 18. Additional Areas to be Included as Permanent Forestiands. The following lands
ave needed for environmental protection and forestry purposes and shall not be reclassified as
agncuttural lands or for any other land use

a Isolated patches of forest. regardiess of size and/or area, with rocky terrain or which
protect @ springAvater 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 allenable and disposabie tands,

© Ridge tops and plateaus regardiess of size found within or surrounded wholly or partially
by forestiands where headwaters emanate,

‘2 Twenty (20) meter wide sips of land from the edge af the normal high waterline of avers.
and streams with channels of at least five (5) meters width which are not yet classified
8s alienable and disposable

© Areas needed for public interest such as research or expenmental purposes: and
{ Areas considered as environmentally critical because of their vuinerability to damage
from landslides, volcanic eruptions, and other natural causes,

Sec. 19. Reversion of Alienable and Disposable Lands to Forestiands. 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 concemed LGUs and the


affected parties, Congress may authorize the reversion of alienable and disposable tands of the
Public domain or portion thermof to forestiands:

Sec. 20. Critical Watershed Areas. The DENR, in coordination with the DA, the LGUs
concemed. and other goverment agencies. including govemment-owned and-controlied
corporations, and after mandatory public hesrings/consultatons. shall identify and delineate
critical watershed areas that need to be protected. rehabilitated, enhanced, and/or withdrawn
from uses that contnbute to their further degradation

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

The DENR and the concemed LGUs shati jointly implement the watershed management pian
subject to regular consultations with and involvement of the community and other stakeholders
an the implementation of the plan

Sec. 22, Establishment and Management of National Parks. Al areas prociaimed by the
President and Congress 10 be under the NIPAS, unless disestablished, including those
identified initial components of the NIPAS es Key Biodiversity Areas shall comprise the National
Parks classification of the public domain. The DENR and concemed LGUs shail ensure that
Such areas are integrated in the CLUP and physical framework plans: Provided, howaver, That
the preparation of management plans of protected areas and national parks shall be in
accordance with the provisions of the NIPAS Act and other laws establishing or dectaring
specific areas as protection areas

Sec. 23, Establishment of Restoration Zones. Restoration areas shail be designated in
the management pian as such. Designation of restoration zones is computsory in ali forest
management plans and for all LGUs

Six.

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

2 Areas vegetated with mangrove species shail be protected, preserved and managed as
mangrove forestiand and shail not be converted to other uses:

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

¢ Areas sub-classified as mangrove and still suitable for use as such, or due to
environmental conditions need to be preserved as mangroves but are devoid of


mangrove stands, shall not be converted to other uses. The DENR shall ensure that
these lands shall be reforested within a given patiod of time:

‘Areas accessible to the sea and identified for fisherfolk settlement and housing but are
not part of or are nol within any protected land use areas shall be allocated to traditional
fisherfolk who are inhabitants of the coastal communities, members of registered
fisherfolk organizations, holders of stewardship lease contracts 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,

Areas thal are neither sub-classified as mangrove, fisherfolk settiernent nor fishpond
may be devoted to recreational of tourism purposes: Provided, Thal such undertaking
will not result in environmental degradation and displacement of small fishertotks.

Areas which are considered as traditions! fishing grounds shal! be used primarily for
such purpose,

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

‘Areas which form part of foreshore iands as defined in this Act, including those under
lease agreements or arrangements shail undergo zoning and evaluation so their
boundaries, actual sizes and corresponding uses can be determined while ensuring that
mangrove protecton of restoration zones are considered to keep the required 4:7 ratia
between mangroves snd fishponds.

‘Sec. 25. Coastal Land Zone Sub-tiassification. All public lands in the coastal zones shail be
sub-classified into any of the following: fishponds, mangroves, protection from tidal surge for
Preservation of biodiversity, habilats and sanctuaries for endangered wildlife, fisherfolk
sottiament. or recreationaViourism areas, No sub-classification of coastal zones to different uses
shall ba done without the following:

a

Conduct of a comprenensive inventory and resource and environmental assessment by
tha DENR with respective LGUs and aooredited Non-Govemment Organizations/
Peopies Organizations (NGOs/ POs) within their jurisdiction. The result of such
assessment along with a list of ail existing applications and expirad Foreshore Lease
Agreements shall be posted in three (3) conspicuous places in the affected localities;
and

Pror consultation with focal Fisheries and Aquatic Resource Menagement Councils
(FARMCs) formed pursuant fo Republic Act No, 8550 or the Fisheries Code

‘Sec. 26. Zoning of Coastal Areas. Local goverment units, in coordination with the DENR,
the FARMCS, focal fisherfoix organizations and other concemed stakehokiers such as women
and the youth, shall prepare the Coastal Zoning Resource Management Pian (CZRMP) which
shail be incomporated im the CLUP Managemem zonee defined in the CZRMP should be
reflected in the CLUP and the subsequent Zoning Ordinance.

a


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

‘Sec. 28. Protection of Waterways, Easements and Flood Plains. Structures of any kind
shall not be built in waterways and easements Pursuant to PO 1087 or the Water Code of the
Philippines, the banks of rivers and streams and the shores of the seas and takes throughout
their entire ‘ength 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 af public use only in the interest of recreation, navigation, floatage, fishing and
salvage

‘The protection of flood piains shall edopt a nver basin management approach, in order to come
up with integrated flood mitgation interventions. Development within flood plains and other
ficod-prone areas must be controlled or, if allowed, must be so sited, constructed and serviced
that the fives of occupants are not put at risk and that disruptions during floods are minimized.
‘The identification and characterization of flood-prone areas and flood plains shall be an integral
part of the CLUP preparation. The LGUs shail establish tand use regulations to mitigate flood
fisks through the CLUPs and zoning ontinances

To promote the best mierest 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, shail deciare flood control aress, as necessary, and shall
prohibit of 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
floed problems pursuant to the Water Code of the Philippines.

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

Sec. 30. immediate Restoration of Converted Mangrove Areas. The DENR, in coontination
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

Afticie Seven, Mineral Lands:

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

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

2


a The pnncipies of sustainable development shail be observed at all times

bin case of small-scale mining, adequate and acceptable safeguards shall be instituted by
the holders of mining nights or permits to pravent environmental degradation of the
mining sites and adjacent areas:

Mineral reservations which have become non-oparstional for mare 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 deciared as protected by virtue of their ADSDPP as well as al)
watershed areas shail be closed to mining.

Sec. 33, Reversion of Mineral Lands. Ali mineral lands with exhausied mineral
resources. 83 determined by the MGB. shalt automatically revert to their original tand

classification. thal 1s, as forest tand or agncultural land. The concemed mining companies shall
bear the full cost of rehabilitation of these areas.

Article Elant. Energy Resources:

Sec. 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, ihe allocation and utilization of lands shall be guided by the following, consistent
with existing regulations and lsws on energy resources:

a Indigenous enargy resource exploration and development for the purpose of creating @
National Energy Resource inventory and Data Base as well es an Enemy Resource
Block Map shail be alowed subject to the implementation of complementary watershed
and other tand management plans,

b Indigenous energy resource exploration, development production, utilization, and
distribution shall be subject to the appropriate requirements and processes of the
Phiippme 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,

© Protected areas defined in Section & shail be closed to any kind of energy resource
development

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

Renewable energy shall ba preferred over other energy resource


‘Sec, 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
proctamations shail automatically revert to the category of forestlands or agnouttural 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 resoure 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

Asticle Nine. Settiements Development

‘Sec. 36. Municipalities, Cities, and Settiements Development. The development of
Municipalities. cities, and settiemants through CLUP and implemented by the zoning ordinances
of cies and municipalities shall be guided by urban zoning standards designed to maximize
existing urban spaces taking into account studies of pertinent govemment agencies on climate
change

Sec. 37 Settlements within Geo-hazard Areas andior High Risk/Danger Zones.
Settlements within geo-hazar¢ areas and/or high riskdanger zones shall not be allowed. in
cases where there are existing settiements within geo-hezard areas and/or high risk/danger
zones. the concemed government agencies shall provide assistance to concemed LGUs and
Settiers in mstituting safety and corrective measures to address the potential danger or risk

Sec. 38. Designation of Waste and Environment Management Site. Each city or
‘municipality shall identify and designate an area to serve es waste and environment
management, waste disposal, and faciltties within one (1) year from the effectivity of this Act
The LGUs, in coordination with the DENR or any other competent authority, shall identity
sanitary landfill m 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 shal} be identified in the city's
‘oF municipality's CLUP. For this purpose, cities and municipalities shall establish their soli
waste management program, pursuant to R.A. NO. $003, otherwise known as the “Ecological
‘Solid Waste Management Act Of 2000" Likewise, as provided under Section 33 af the LGC.
cities and municipalities may, through appropnate ordinances, bind themselves towards the
establishment of a common solid waste management program.

Within ninety (60) days from the effectivity of this Act, the DENR, in coordination with concamed
agencies, shall promulgate the necessary guidelines and standards for the formulation and
establishment of solid waste management programs by cities and municipalities, and shad
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 shail designate through the CLUP adequate
lands for housing of residential purposes. including socialized housing and resettlement areas
for the immediate and future needs of the local population as weli as the underpnvileged and
homeless in their temtory, pursuant to existing laws and reguiations. 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 shail be
Zoned as socialized housing zones that are integrated in the city’s or municipality's zoning
ordinance, duly approved by the NLUPC, pursuant fo existing laws and regulations. Preference
shall be given to lands proximate to public (ransportation facilities which may include inter alia
railways and public terminals

24


The location of resettiement arees may either ba on-site of off-site and may be within the city or
municipality Provided. That designated seitiement and socialized housing areas shall consider
the proximity and accessibility of the affected community to employment, sconomic activities
and social services

Within ninety (90) days from the effectivity of this Act, the NLUPC, in coordination with
concemed agencies, pursuant to HUDCC Resolution No. §21, Series of 1982, Executive Order
No 124, Senes of 1993 and other pertinent guidelines on the matter, shall promulgate ihe
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 ot this Act and must submit the list of these
sites and thei respective areas to the HUDCC These sites shail be used exclusively for
socialized housing as defined in the UDHA,

Sec. 40. Zoning of identified Sites for Socistized Housing. The identified sites for sociatzed
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 shail be within
the priortty 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 Kentified sites shall be zoned as socialized housing zones as defined herein.

‘The current Zoning Ordinance of LGUs shail be reviewed and revised such that the sociaized
housing component shall be integrated theratc.

Sec. 41. Valuation of Lands for Socialized Housing. Equitable tand valuation guidelines for
Socialized housing shall be se{ by the Department of Finance (DOF) on the basis of the market
value reflected in the zonal vaiuation, 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 shail factor into the
valuation, the blighted status of the land as certified by the local government unit ar the National
Housing Authority (NHA)

SECTION 42. Guidelines for identification of Settlement Sites. In identifying settlement
areas, prospective sites should be

8 within alienable and disposable ands but not in environmentaily-critical, geo-hazard or
other protection areas;

along established urban growth directions,
© with provisions for or can be provided with besic 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

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

2


Space, based on the guidelines and standards to be issued by the DENR and approved by the
NLUPC

Sec. 44, Protection of Ecological Harmony. To ensure the ecological harmony of towns,
cities and settlements. certain projecis 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 fhe LGU concemed. All LGUs shail be required
to designate restoration areas in their forest land use plans.

Sec. 45. Criteria for Designating industrial Development Areas. The identification and
establishment of industrial development areas shall conform to the provisions of RA 7916 or the
Special Economic Zone Act (BEZA) of 1995 @3 amended by RA 8748, RA 6857 or the
Comprehensive Agrarian Reform Law (CARL) 8s amended by RA 9700 or the Comprehensive
Agranan Reform Program Extension with Reforms (CARPER), RA 8371 or the indigenous
Peoples’ Rights Act (IPRA), RA 7279 or the Urban Development and Housing Act (UDHA), RA
8550 or the Philippine Fisheries Code as amended by RA 10654, and RA 8435 or the
Agnculture and Fishertes Modemization Act (AFMA), taking into consideration the folowing:

8 Identified network of areas for agricultural development and protected agricultural areas
pursuant to the RA 6435:

b National policies on the regional dispersal of industries and agr-besed industrial
development,

¢  Wdentified growth areas and comidors m the National Development Pian;

d NIPAS and non-NIPAB areas such as but nol fimited to KBAs and restored areas that
require protection,

6 National and Urban Development and Housing Framework;
1 Identified Socialized Housing Zones, and

9 Natonal Framework for Physical Planning and other exsting national programs and
policies

The designated industrial development ereas shail be located only in production land use areas
‘and shall become an integral part of the land use plan and zoning ordinance of the city or
municipaitty where these areas are located RA 9700, RA 8371, RA 7279, RA 8550, RA 8435,
and RA 7160 ar the Local Government Code shalt apply to al Special Economic Zones and
Free Pons

Article Eleven. Tourtsm Development Aress

Sec. 48. 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, the Tourism Infrastructure and
Enterprise Zone Authonty (TIEZA), Department of Tourism, and other concemed national
government agencies. the prvate sector and the affected communities, subject to the provisions
of RA. No, 9583 or the Tourism Act of 2009. Tourism development areas shall fikewise include

26


those covered by legislative and executive issuances such as touris! spots, tourist zones and
tourtsm ecozones which can be developed into tourism estatas or integrated resort, leisure and
recreation complexes and other tourism-related facitties as well as those identified in the
faponal, regional, and erea-specific tourism master plans and other sector plans, such as
ecotounsm and agn-tounsm sites Provided. That such siles designated for tounsm
development are outside of sreas identified for protection land use. As much as practicable,
community-based tourism shail be the principal mode of tourist spot operation RA 9700, RA
8371, RA 7279, RA 8550, RA 8435, and RA 7160 shall apply and Executive Order 111 5. 1999

that provided for the National Ecotourism Strategy shall likewise apply to all tourist zones and
tounst development areas.

Designated areas for tounsm development shall become part of the CLUPs and Zoming
Ordinances of the cities or municipalities wnere these are located

Sec. 47, \Sentification and Preservation of Cuttural Heritage. in accordance with
Republic Act No. 10086 or the National Cultural Heritage Act of 2009, the National Historical
Gommyssion 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 Phitippine cultura! heritage.

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

Anticle Twelve. infrastructure Development

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

In determining and evaluating the list of prority infrastructure projects, consideration shall be
given {o those that

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

ns

Upgrade existing facilities to intemational public safety standards:

3 Address the need for sustainable settiements development, and

27


49

4 Mhtigate ine destructive effects of natural disaster-causing phenomena or those thal shail
serve a8 altematives to exsting imfrastructure found in natural hazard-prone areas.

Provided, Thet the provision and implementation of mfrastructure 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 8xisting
laws and regulations shall be held prior to the conduct of all infrastructure projects that will
necessanly mvolve dislocation or displacement of peopie in the area,

Provided, further Thal the proponent of the infrastructure project shail follow the rules on just
and humane eviction or demolition under Section 28 of the RA 7270 as a last resort
notwithstanding the provisions of RA 8975, prohibiting tower courts from issuing temporary
restraining orders, preliminary injunctions. or preliminary mandatory injunctions, and that the
Proponent shall follow provisions of RA 8371 particutarty those pertaining to the nghis of
IPS/ICCs In case of displacement

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

Sec. 49. infrastructure Projects Within Geo-hazard Areas. Construction of priority
wnfrastructure 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/EtA in accordance
with Presidential Decree No 1586 (EIS System) and Republic Act No. 4846 or the ‘Cuttural
Propertes Preservation and Protection Act

Existing projects that were undertaken without the required environmental unpact assessment
2nd which pose @ threat fo the environment. o to the integrity of histone, archaeological, oF
scientifically significant areas, or impinge on critical ecosystems, may be terminated
immediately, or gradually phased-out and relocated. or maintained within their life span subject,
However to mitigating ~measures: Provided. That the mules on mandatory public
Reanngsiconsultstions and just end 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

cH, PHY:

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

& set of national policy guidelines and standards for physical planning shall be formulated by the
Navonal Land Use Policy Council (NLUPC). These shai! guide the preparation and formulation
of the National Physical Framework Plan, Regional and Provincial Physical Framework Plans

These standards shall give due consideration to conflicting uses and areas being used,

deciared or designated for agranan reform, protected areas. coastal resource management
and/or ancestral domains

28


‘The National Physical Framework Plan (NPFP) shall define the national strategy and objectives
of the country’s urban, rural and regional development. 1 shail guide the rational distribution of
Population. access to economic opportunities and socia! services, sustainable utilization of
resources, and maintenance of environmental integrity

Furtnermore, shall consider the existing Regional Physical Framework Plans (RPFPs) and
Provincia! Physical Framework Plans (PPFPs)

The RPFPs. the PPFPs and the CLUPs, which cover the physical development of their
respective lertores, 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,
PRFPs and CLUPs

The physical framework and land use plans prepared at ail fevels 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 pened of coverage of the national, regional and provincial framework plans shall be thirty
(30) years with reguiar review and updating evary ten (10) years

Sec. 51. National Physical Framework Plan. The NPFP shall guide the piannng and
Management of the country's land and other physical resourcas at the nalionai and sub-national
fevels, and indicate broad spatia! directions and policy guidelines on protection land use,
Production land use, settlement development and infrastructure development. The NPFP shail
be the basis for adapting the land use and physica! planning-related guidelines, including zoning

and other land use control standards that will guide the formulation of city/municipal zoning
ordinances

The NLUPC, in consultation with concemed sectors and communities shail update the NPFP-
after such period that objectives and goals set by the NPFP have been substantially achieved it
shai! also formulate and issue the appropriate planning guidelines and standards through which

afl physical planning land use and management of resources shall be reviewed, prepares
formulated and monitored

The rasuling iand use plan/physical framework shall be the basis for the ilentfication.
formulation and development of nations! and local development plans, programs, projects and
activities of government at all levels

Sec. $2. 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 al the regional level and guide the formulation of
the PPFPs The RPFP shall consider the exsting PPFPs and the CLUPs of LGUs within the
temtonial junsdiction of the region

The Regronal Land Use Policy Council (RLUPC), created under Section 59 of this Act, shall
formulate and penodically 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-Tem
Regional Development Pian (MTRDP) and the Medium-Term Regional Development
investment Program (MTRDIP) shall be guided by and made consistent with the objectives
identified m the RPFP

29


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

The CLUPs shail be submitted by the cityimunicipal local development councils (LDC) for
adoption and approval of the Sangguniang Bayan (88) The approved CLUPs shall be
submitied fo the province for mmtegration into the PPFP

CHAPTER V. IMPLE! ism

Sec. 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 responsibiiilies identified under this
‘Act and assume the functions of the NEDA Board-National Land Use Committee (NB-NLUC) It
shall further exermse the powers and functions pertaining to and use planning vested by law on
the HLURB except the following which shall remain as official functions of the HLURB

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

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

© Act as the appellate body on decisions of local zoning bodies on jocational clearance
applications andlor oppositions thereto and other zoning issues involving private nghts

The NLUPC shall act as the highest policy making body on fand use and shail resolve {and use

policy conficts between or among agencies, branches, or levels of the government. It shall
integrate efforts, monitor developments relating to tand use and the evolution of policies

Sec. 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 mee! al east once every quarter
The members of the Council shall be the following

a The Secretary of the Department of Agranan Reform (DAR)

b. The Secretary of the Department of Agriculture (DA),

The Secretary of the Department of Environment and Nalural Resources (OENR).

The Secretary of the Department of intenor and Local Government (DILG),

@ The Chairperson of the National Commission on indigenous Peoples (NCI).

31


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recommend to Congress the adoption, passage or amendment of laws to ensure that
sectoral plans, projects and activities inchxting loca! govemment initiatives affecting land
use are consistent with national development objectives

1 Resolve policy conflicts on land uses between or among agencies. branches. or levels of
government and unresolved land use poticy contficts at the regional lavel,

@ Issue locational clearances for projects of national significance:

h Call on any department, bureau, office, agency, or instrumentality of the govemment and
oF private entities and organization for cooperation, support, and assistance in the
performance of tts functions

+ Review the NPFP every ten (10) years.

i Advise the President of the Philippines and the NEDA beard on ail matters conceming
jand use and physical planning,

k Adopt rules of procedures for the orderly and expeditious conduct of meetings and other
business of the council, and

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

Sec. S8. NLUPC Secretariat. The existing uni of the NEDA in charge of Land Use and
Physical Planning Division shall act es the NLUPC Secretariat which shall perform functions
Such as, but not limited to, managing information. gathering of data, coordinate the monitonng of
government agencies and local govemment units, ensuring mutt-stakeholder participation
towards formation of focal land use policy boards, sharing of date base and mapping systems,
and reinforcing relevant assessment tools and capability building programs

Sec. 59. Regional Land Use Policy Council (RLUPC). At the regional iavel, the Regional
Land Use Committee (RLUC) is hereby abolished and in its stead, he RLUPC shail be created
The RLUPC shail be istitutionalized, raplicaling the NLUPC structure and composition. it shall
be chaved by the NEDA Regional Director and shall exercise the follawing functions:

@ Formulate regional policies and guidelines which are consistent with the national
planning guidelines Issued by the NLUPC in the preparation and formulation of the
respective provincial physical planning and comprehensive land use plans of LGUs
within ts junsdiction

& Prepare and penodically update the RPFP, taking into conskteration national polices and
tower level plans

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

@ Decide and resoive policy conflicts on land use planning, classification, and allocation

33


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(hat may arise between or among regional tine agencies, provinces and. cities/
municipabties.

. Monitor changes in land use and other physical resources in the region.
‘Coordinate and monrtor the tand use activities of regional line agencies and LGUs

9 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

fn Perform other reiated functions as may be directed by the NLUPC

in forest land use management, where the watershed area/continuum covers several
municipalities across different provinces, an mter-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 concemed

Seciors. the inter-LGU task force shail formutate the Watershed Management Plan for the said
watershed area

‘Sec. 60. Provincial Land Use Planning and Management Board (PLUPMB). The Provincial
Land Use Committee (PLUC) Js hereby abolished The Provincial Land Use Planning and
Management Board or (PLUPM) Is created in alt provinces under this Act to oversee the
Preparation, integration, adoption and spproval of the Provincial Physical Framework Plan
{PPEP) and shall ensure its consistency with approved national and regions} 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
iniuatives, 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

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

4 Formulate necessary provincial planning guidelines and/or implementing policies for the
preparation and formuiation of the respective CLUPs within its jurisdiction consistent with
approved national and regional planning policies and guidelines,

& Submit to the POC the draft CLUP for its transmission to the Sanggunian Panialawigan

and for the PDC to use it as referance for consistency and complementation with other
development plans.

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

Aer an appropriate penod of time or upon instruction and advice by the NLUPC.
conduct and initiate @ progress review of the PPFP and the achievement of its stated
objectives and goals and update the PPFP:

8 Decide and resolve policy conflicts on land use planning. classification, and allocation
that may anse between or among cities/muncpatities and facilitate the resolution of any

34


unresolved land use conflict, including political boundary conflicts, at the citymunicipality
tevel

1 Adwce the Sanggurvang Panlalawigan on ail mattars pertaining to land use and physical
tanning

2 Promote cooperation and shenng of resources between and among component LGUs of
the province or with neighboring LGUS to address common land use and development
'ssues including those related 10 geo-physical hazards, watershed and river basin
management. coasts! and marine waters, climate change impact and disastar risks, and

Assist the Sangguniang Pantalewigan m reviewing the submitted CLUPs of component
‘sities! mumcipalittes to ensure consistency with the Provincial Physical Framework Plan.

in cases where the walershed areas transcend the boundanes of a particular municipality, an
inler-LGU task force composed of representatives from PLUPMB of the MLGUs where the
watershed area 1s located shail be formed

Sec. 62. Composition of the PLUPMB. The PLUPMB shail be composed of the following

fifteen (15) members to be selected based on the rules to be formulated by the NLUPC as
provided in this Act

a The Provincial Planning and Development Coordinator (PPDC),

b The Chairperson of Sanggunian Panialawigan Committee on Environment and Natural
Resources

© The Provincial Chapter President. League of Municipalities andior League of Cities:

4 The Provincial Agrarian Reform Officer (PARO);

The Provincial Environment and Natural Resources Officer (PENRO),

{The Provincial Agncuttural Officer (PAC),

9 The NCIP Provincial Officer

h The HLURB Regional Officer

|. Three (3) representatves from the focal business or private sector, the developers’
association and accredited associations of professionals dealing with tand use such as, but
fot tmited to, urban and regional planners, environmental planners, architects, ists,
geodatic engineers, and chamber of commerce, who shail be appointed from among the
accredited organizatons within their respective development councils;

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

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

35


wae ene

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

Aside from the PPDO, the PLUPMB may call upon other local and national government offices
and agencies such as the local Engineer, Assessor, and local field representathyes 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

The appropriations for the regular oparation and activities of the PLUPMB shall be included in
the annus! 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 accapted and received by the P1_UPMB subject
to existing auditing and reporting procedures

‘Sec. 63 City/Municipal Land Use Planning and Management Board (C/MLUPMB), A
City/Municipai Land Use Planning and Management Board or (C/MLUPMB) is hereby created
under this Act in all municipaiities 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 shail 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,
fegional and provincial planning guidelines. The C/MLUPMB shall also be directly responsible
for the effective management and implementation of the spproved CLUP and for ensuring that
existing and future local policies, including zoning ordinances, development initiatives, programs
and projects introduced within Its jurisdiction are consistent with and supportive of the land use

resource management and physical planning objectives, directions and character identified by
the approved CLUP.

‘Sec. 64. Powers and Responsibiities of the City/Municipal Land Use Planning and
Management Board. The C/MLUPMB shal! exercise the following powers and functions

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

bv. 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,

°

issue a Certificate of Compliance to the Sanggunien ss proof that the CLUP is compliant
with national land use polices, guidelines and standards:

Submit to the LDC the draft CLUP for its transmission to the Sanggunian and for the LOC
to use it as basis for consistency snd complementation with other development pians.

a

36


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Deoxte and resolve policy conflicts on land use planning. classification, and allocation that
may anise between or among barangays and faciitale the resolution of any unresolved
land use confiict, including boundary conflicis, involving barangays.

Based on the CLUP, review and endorse for approval/disapproval appications for
locational clearances, building and zoning permits and/or other planning-reiaied
requirement for any project, both private and public, thal is submitted to the LGU for
issuance

Advise the Sangguniang Bayan on ail matters pertaining to land use and physical
planning: and

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

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

a

b

The City/Muntapal Planning and Development Coordinator (CAMPDC),

The Chaiperson, Sangguman Gayan Committee on Environment and Natural
Resources.

The President of the Associaton of Barangay Captains (ABC);

The Municipal Agranan Reform Officer (MARO),

The LGU Enviranment and Natural Resources Officer (City/Municipal ENRO),
‘The Municipal Agriculture Office (MAO)

Three (3) representatives from the focal businessiprivate sector, the developers’
associations, and the accredited associations of professionals dealing with land use
such as, but not timited 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,

Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers
and indiganous 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 finaly, that in
predominantly Musiim areas, one of whom shail be from the Moro sector, and

The Designated Board Chairperson ta be chosen among the members.

Except for ex-officio members, the members of the C/MLUPMB shail be appointed to a term of

three.

(3) years, subject however to the elected office held, govemment employment and/or

official designation m the local govemment unit. national agency and/or local business/pnvate
Sector association or basic sector group representation in the board The NLUPC, within ninety

ar


(90) days from its estabiishment, shail formulate the rules for the selection of the Chairperson
and members of the C/MLUPMB The CityMunicipal Pianning and Development
CoordinatortOfice (C/MPDC/O) shail provide technical secretariat and administrative support
and resources for the effective operation of the C¢AMLUMPPB:

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

The annual appropnations for the operation and activities of the C/MLUPMB shail 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 snd activities may
be accepted and received by the PLUPMB subject to existing auditing and reporting
procedures

Local governmant units shail create and/or activate their respective C/MILUPMB upon guidelines
tssued by the NLUPC for such purposes, not later than six (6) manths from the effectivity of this
Act

Sec. 68. Approval and Review of PPFP and CLUPs. The PPFP and CLUPs of the respective:
ciy/municipal LGUs, including highly urbanized cites and independent component cities shail
be submutied by the loca! tand use boards to the LDCs for transmission to the local Senggunian
for approvat

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

‘Sec. 68. National Mapping and Spatial Data infrastructure Program (NMSDIP). A national
mapping program shall be implemented, coordinated and montored by the inter — Agency
Technical Committee (ITC) which ts hereby created. It shail be composed of the National
Mapping And Resource Information Authority (NAMRIA) as the lead agency. the Bureau of Soils,
and Water Management (BSWM), the Forest Management Bureau (FMB), the Land
Management Bureau (LMB), the Land Registration Authority (LRA), the Protected Areas And
Wildlife Bureau (PAW), the Mines And Geoscience Bureau (MGB), the Philippine institute of
Vokcanology and Seismology (PHIVOLCS). the Department of Agrarian Reform (OAR),
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 govemment agencies. The {TC shali be
constituted, and the mapping and spatial data infrastructure program shall be initiated within

38


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 guxtelines af NLUPC.

Under the program. ali government stakehokders concemed in the production of maps of various
themes shaii collaboratively formulate the govemment's spatial data infrastructure master plan
and respective government agencyistakehokiers’ spatial dela infrastructure plans which shail 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 imtegration into a national geospatial database
established under the program

The NAMRIA shail finish its base mapping program within two (2) years upon the effectivity of

this Act and provide updates thereof lo support the implementation of the spatial data
infrastructure program

The spatial and non-spatiai data generated by these activities shall be transmitted to the LGU
‘a8 soon as practicable. Existing land information data avaitable to the national government
agencies as of the effectivity of this Act shall be immediataly transmitted to the LGUs.
For purposes of uniformity and standardization, ne LGUs, assisted by the approprialn agencies

of the national goverment, shell Rkewise prepare their respective maps using scales,
and other indicators to be prescribed in accordance with this Act. ‘The completed map: s shall be
integrated in the National Physical Framework Pion pursuant lo section 51 of this act
‘Sec. 69. Maps for Planning. Within one (1) year after the NLUPC’s approvai of the Guidelines
and Standards for planning at all levets, available NAMRIA maps and ali maps made available
tc NAMRIA by supporting agencies shail be submited to the NLUPC for natonal, provincial,
cities and municipalities planning. The NLUPC shall forwant these maps to the
PLUPMBs and C/MLUPMAs after it has reviewed and approved them, Pertinent maps to be
produced through the NMSDIP shell include, among others.

a Topographic Maps

b Geologic Maps:

Hydrologic Maps:

d. Climate Maps;

© Soils Maps;

1 Slope Maps

G Mineral Resource Maps,

hh. Existing Land Use Maps:

| Land Suntability Maps for

1) Settlements

39


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24
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2) Agneutture
3) industrial areas

4) Others

Agricultural Maps

1) 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.
8) Imgation Systems Maps:
Land Classification Maps

Municipal Waters Oebneation Maps and MPAs.

m Geo-Hazard Maps

1) Flood Prone Areas.
2} Hazard Zonation Maps for Volcanoes,
3) Map of Fault Systems;
4) Tsunar Prone Areas,
5) Erosion Prone Areas
Tounsm Maps,
Transportation Maps;
Tratfic Flow
Maps Designating Areas Served by
1) Power
2) Tele-communications
3) Water

Maps indicating the following facilities


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1) Health

2) Education

3) Power

3 Domestic Water Supply

1 Indusinal Areas

u Population Orsinbution Map

+ Ancestral Domai Map

w NIPAS Areas

x Areas Suftabie for Urban Expansion
y Watershed Areas

Forest Lands

1) Protection Areas

2) Production Areas.

3) Restoration Areas.
aj Key Biodiversity Areas
} Manne Protected Areas

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

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

in cases of ancestral domains. self-detneation by (CCs/IPs of their ancestral lands snail be
employed Io determine boundanes as provided for under RA 8371

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Sec. 72 Ground Delineation of Land Use For effective planning to take place at the tocal
ievel and foi 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 ihe
LGU. as represented by ts M/CLUPMB. and of the national government agency concemed, to
be assisted by the C/MPOC. shall identify and delineate on the ground the land uses within their
junsdiction. The foltowing shall be grven priority

a Forest Lands
1) Protection
2) Production

&  Anoastrai Domains

NIPAS Areas
1) Stnct Protection Zone
2) Multiple Use Zone
3 Watershed Areas
4} Critical
2) Muttipie Use
€ Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD)
f Socialized Housing Sites and Settlement Expansion Areas
g Extents of Environmentaily-Constrained Areas
nh Easement Areas
‘Critical coastal areas
+) Mangroves
2) Seagrass
Cntical manne resources should also be detinested both on the map and in the waters
Perimeters of critical offshore areas, such 8s coral reefs, shall be marked in accordance with the
coastal resource management plans concemed
Ali maps shall be updated as new important information and data become available or as
determines by urgent need Updating of maps shalt be undertaken not more often than every

ten (10) years

Sec, 73. National Geo-hazard Mapping Program, Within thirty (30) days from the effectivity of
this Act, a nationwide geo-hazard mapping program shall be initialed joinlly through the NLUPC

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by the PHIVOLCS the Philippine Atmospheric Geophysical end Astronomical Services
Administration (PAGASA), the NAMRIA, the Mines and Geosciences Bureau (MGB), and the
DOE, in coordination with the NDRRMC, the Regiona! Disaster Risk Reduction Management
Councils and other concerned government agenaes. The program shail inckide the generation
of indicative geo-hazard zoning maps that will outhne areas in the Philippines which are prone to.
liquefaction, landslides. flooding, lahar, ground rupturing, fsunamy, nver 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 shal subsequently incorporate and integrate the generated geo-hazard zoning maps
into then respective CLUPs and ZOs. Said geo-hazard maps shall serve as guide for all the
LGUs im the preparation of their own hazards-constrained development plans The NPFP shail
incorporate hese geo-hazard maps

All entities conducting infrastructure activities inchiding real estate and subdivision projects and

ihe development of tourist spots requiring an ECC shall submit an Engineering Geotogical and
Geo-nazard Assessment Report (EGGAR)

Sec. 74. Scope and Nature of Responsibilities of Other National Govemment Agencies.
All concemed natonall government agencies/bodies shail periodically report to the NLUPC on
the various actwities and accomplishments on land use, Likewise, they shall provide their
respective sectorai/development plans and provide technical and administrative support # called
upon by the NLUPC for the implementation af Ihe 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 thei respective Sanggunan which shall submit the same to the RLUPCs for
consolidation The RLUPC shali thereafter transmit the consolidated reports to the NLUPC for
monitoring and evatuation

Sec. 76. Values Formation. (n order to develop a well-informed. responsible and committed
citizenry who value ths protection, conservation and development of the country’s limited land.
and other physical resources, the State shail mandate the inclusion of sustainable iand use

educaton or any subject related thereto im the curricula of primary, secondary and tertiary
education

Sec. 77. Information/Education Campaign and Capacity Building The NLUPC shail
undertake @ natonwide informationieducation campaign on land use and physics! planning to
be implemented by focal and nationsl govemment agencies. The DiLG and concemed agencies
shall formulate and implement a land use management capability building program for national
and jocal government officials, community leaders, representatives of NGOs, POs, the religious
sector, and the general public

Article One. incentives and Awards

Sec, 78. Formulation of a System of incentives and Awards, The NLUPC shail come up

43


wath 2 system of incentives and awards to LGUs that requiarty update their CLUPS/ZOs once
avery aight (8) years

Sec. 79. Priority in Giving Technical Assistance to LGUs. In providing technical assistance
and other forms of support related to land use management and implemertiation of development

Plans. national goverment agencies shail give pronty to cities and municipalities with approved
CLUPs and ZOs

Article Two, Sanctions and Penalties:

Sec. 80, Fine for Failure ta Commence or Complete the Development of Agricultural
Lands with Approved Conversion Order. For agnoulturai lands with approved conversion
orders, the provisens of Republic Act 6657 (CARL), as amerided by Republic Act 9700, shall
apply. 4 landowner and/or the designated developer or duly authonzed rapresantative who fail
to commence and/or complete the development pian defined in the conversion order shall be
jointly and severally penalized. The following fines based on the zonal vaiue or the fair market
value of the land, whichever is higher at the time the fine shall be imposed:

8 Failure to commence within three (3) years years from the date of the conversion order.
4) Three percent (3%) for the first three (3) hectares,
2) Ten percent (10 %) for the next three (3) hectares; and
3) Fifteen percent (15 %6) for the remaining area
in such case, the order of conversion shall be revoked by operation of law The tand
shail 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 compiete sixty percent (60%) of the approved conversion plan within a
specified time frame shail result to the automatic revocation by the DAR of the
conversion plan on the undeveloped portion The land shail be reverted to its original
use aS agncuttural tand and may be covered under the CARP for land distribution

Sec. 81. Persons Abetting Mliegal Conversion. Any person initiating, causing, induci

abetting illegal conversion with intent shall be punished with imprisonment or a fine in
accordance with Act No 3815 or Republic Act 3019, or both at the discretion of the court

1f the offendar 1s a public official or employee, whether elected of appointed, the penalty shail
also include dismissal from service, forfeiture of ali benefits and entitlements accruing to the

Dublic position. and perpetual disqualification to run or apply for any elective or appointive public
office

WI the offender is a jundical person, the penalty of imprisonment shall be imposed on tne
president, chief executive officer, manager, chairperson and all the members of the board, and
other responsible officers thereof The mposable fine shail be equivalent to the zonal value of
the iand or fony percent (40%) of the shareholders’ equity, whichever is higher. Furthermore,
the land shail be forfeited in favor of the State and soid through public auction. The proceeds of
the sale shail automatcally sccrue to the Agrarian Reform Fund

Sec. 82. Penalty for Rectaxsification of Protected Agricuttural Lands and Exceeding the

“8


Limit of Areas Ailowed for Reciassification. Any person mitiating, causing, inducing, or
abetting the reclassification to non-agncultural uses cf protected agricultural areas as defined in
Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a fine of not less
thar One hundred thousand Pesos (P 160,000.00), or both at the discretion of the coun

Hf ine offander 1s 3 pubitc official or employee, whether elected or appointed, the penalty shait
also include dismissa’ from service, forfeiture of entitfements accruing to the public position. nd
Pemetual disqualification to run or apply for any elective or appointive public position

if the offender is a juridical person, the penalty shalt be mposed on the president, chief
execuive officer, manager chaierson and ail the members of the board, and other
responsible officers thereof

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

Sec, 83. Payment of Disturbance Compensation. Following the order of priority stated in
Section 22 of RA 6657, as amended by R A. 9700, agncuttural lessees and share tenants.
reguiar farm workers. seasonal farm workers, other farm workers, actual tiers or occupants of
Public lands, collective, or cooperative of ine above beneficiaries, and others directly working on
ine tand affected by agncuttural land use conversion, shall be entitled to the payment of
disturbance compensation equivaient to five (5) limes the avarage of the gross harvests on the
landholding during the preceding five (5) catendar years or a certain percentage of the
converted land, whichever is higher. as determined by the QAR

Sec. 84. Authority to impose Fine. The DAR shall have the authority to impose the fines
provided under the preceding Sections BO, 81, 82 and 63.

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

Sec, 86. Utilization of Fines The fines collected under Section 84 hereot shali automatically
accrue to the Agranan Reform Fund consistent with the provision of the Comprehensive
Agranan Reform Law

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

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

> Faikire to complete the preparation of the CLUP despite the availability of funds,
resources, and support by the Sanggunian concemed

Failure to provide appropnate budgetary allocation to effect its implementation, and

a

Failure to plement and enforce the CLUP/ZO due to negligence of duty

as


20

Any public official or employee. whether siected, appo:nted or holding office/emptoyment in a
casual, temporary. holdover. permanant, or regular capacity, found to be responsible for any of
the foregcing acts, shail be pumshed wath forfeiture of salanes and allowances, and suspension
from

@ Thee (3) to six (6) months. in case of non-complation of the CLUP: or
Three (3) te six (6) months. in case of non-contormity with the NPFP,
2 Six (6) Pine (9) months, in case of non-implementation of the CLUP

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

Sec, 88. litegal Conversion of City or Municipal Parks, Communal Forests, and Tree Parks
in Subdivisions. Penallies 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

3 WWegally converting of causing the conversion of @ city/municipal park, communal forest,
or tree parks within subdivisions established pursuant to Presidential Decree No. 963,
requiring the planting of trees in certain plaoes, into other uses including the construction
of permanent buildings;

b  Dastraying or causing damage to the timber lands and other forest products found in the
abovementioned forest and parks:

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

Assisting. aiding or abetting another person to commit the offenses stated in this
Sectan

The offender shal! 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 OENR

‘The maximum penalty prescribed shall be imposed upon the offender who repeats the same
offense, and double the maxeum penalty upon the offender whe commits the same offense for
the third tine o; moe

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

sf not suitable for use by DENR. said improvements, vehicles, domestic animais and equipment
shall be sold at pubbc suction, the proceeds from which shall aacrue to the Forest Conservation
and Deveionment Fund (FEDF)


fe] q IN,

Sec. 89. Mandatory Review Every Ten Years. The Congress shall undertake a mandatory
review of this Act af 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 10
changing circumstances:

For thes purpose, the Congress may call on to the NLUPC {o undeftake the necessary
researches and consultations

Sec. 90. Convening of the NLUPC Within thirty (30) days from the effectivity of this Act, the

Chairperson shalt convene the NLUPC and the Head of the NUUPC Secretaria! shall
immediately assume affice

‘Sec. $1. Implementing Rules and Regulations. Within ninety (90) days from the effectivity of
this Act, the NLUPC shall promuigate its implernenting rules and reguiations (IRR) including the
rules on the selection of the members of the C/MLUPMB and the PLUPMB. It shall take effect
fifteen (15) days after its complete publication in the Official Gazatte or in at feast two (2)
newspapers of national circulation

Sec. 92. Transfer of Powers and Functions. The functions of the HLURB on land use
Planning as provided for under Sections 5e.5b.5c.5d,5e,and 5f of Executive Order No. 648
Series of 1991 and EO No. 72 series or 1983, shall be immediaialy transferred to the NLUPC
and its appropriate sub-national LGU structures, except as provided in Section 55 hereof
Nothing in this Act shal! be construed to transfer or timit functions embraced within the said
provisians that pertain to of relate to HLURB non-planning functions.

Sec, 93. Review of Existing Land Use Plans, Provinces, cities, and municipalities with
existing land use plans shall review. revise, feconcite, and harmonize the same with the

guidelines and standards issued by the NLUPC within one (1) year from the effectivity of this
Act

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

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

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

The Oversight Committee shail function for a penod 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 secretanat personnel of the committees comprising the oversight

ar


Sec, 97. Non-impairment Clause Nothing in this Act shall be construed as to diminish or
impaw nights recognized, granted. or available to marginalized or the basic sectors under
‘existing iaws including but not fimited to Republic Act Nos 7279, 6687 as amended by RA
79428371, 8550, 9700

Sec. 98. Repeating Clause. Section 10 of RA 8435 and Sections 447 (a2vii) and 458 (a2viil) of
RA 7160 and related laws and administrative issuances are hereby modified by Section 13
herect The pertinent provisions of Executive Order No. 848, Executive Order No. 72, Series of
1993, and Executive Order No. 770. Series of 2008, amending Letter of instruction (LON) 1380,
are also modified accordingly. Section 11 of RA 8435 as to the penalty for agricultural inactivity
and premature conversion is also modified by Section 83 hereof. Letter of instruction No. 1350,
senes of 1983. Presidential Proclamation 2282, series of 1683, and all other gsnerai and special
laws. acis, decrees, executive orders, proclamations and administrative regulation, or any part
thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

All Republe 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

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

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

Approved