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DATE _O1 JUL 2005

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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL no_771

Introduced by Representative Ma. Victoria Co-Pilar

EXPLANATORY NOTE

Land is a finite and irreplaceable resource that serves as the foundation of all
economic, environmental, social, and cultural development. Yet despite its critical
importance, the Philippines still lacks a coherent, comprehensive, and institutionalized
framework for land use planning and management at the national level. This has resulted
in fragmented and overlapping land policies, unregulated urban sprawl, environmental
degradation, food insecurity, and increasing vulnerability to climate-induced disasters.

For decades, efforts to pass a National Land Use Act (NLUA) have sought to establish
a rational, holistic, and sustainable system for land use planning that balances the
country’s competing demands for food security, industrialization, housing,
environmental protection, disaster risk reduction, and climate resilience. The absence of
such a framework continues to hamper inclusive growth, aggravate social inequity, and
place undue pressure on ecosystems and marginalized communities.

This bill seeks to institutionalize the National Land Use Policy to ensure the
sustainable, efficient, and equitable allocation and utilization of the country’s land
resources. It mandates the formulation of a National Physical Framework Plan (NPFP)
that will serve as the overarching policy guide for land use planning and development
across all levels of government. The bill also aims to integrate and harmonize sectoral land
use policies—such as those for agriculture, forestry, mining, human settlements, and
infrastructure—with national development goals and local government plans.

Moreover, the proposed measure establishes mechanisms for land use conflict
resolution, enhances the capacity of local government units in land use planning, and
promotes the participation of civil society and stakeholders in decision-making processes.
It further provides for the protection of ecologically fragile areas, the delineation of
protected agricultural lands, and the prioritization of disaster-resilient and climate-


adaptive land use strategies.

The passage of the National Land Use Act is long overdue. It is an essential step
toward good governance, environmental stewardship, and the realization of sustainable
and inclusive development for present and future generations of Filipinos.

In view of the foregoing reasons, the approval of this bill is earnestly sought

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila
‘TWENTIETH CONGRESS
First Regular Session
HOUSE BILLNO.77)

Introduced by Representative Ma. Victoria Co-Pilar

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

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

CHAPTER I
INTRODUCTORY PROVISIONS

SECTION 1. Title - This Act shall be known and cited as the “National Land
Use Management Act of the Philippines”.

SEC. 2. Declaration of Policies and Principles. - it is the policy of the State to:

(a) Provide for a rational, holistic and just allocation, utilization,

management, and development of the country’s land and water

resources so that their use is consistent with the principles of equity,

social justice, environmental integrity and sustainable
development for the common good;

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

(©) Treat groups of islands, including parts of islands, interconnecting
waters and other natural features which are also closely


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interrelated, as forming an intrinsic geographical, economic and
political entity, or which historically have been regarded as such
entity;

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

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

(1) Maintenance and preservation of environmental integrity and stability;
(2) Sustainable and just management and utilization of natural resources;
(3) Disaster risk reduction and climate risk - based planning;

(4) Protection and prime agricultural lands for food security, with
emphasis on self - sufficiency through efficient and sustainable use
of land resources consistent with the principles of sound agricultural
development, natural resources development, and agrarian reform;

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

(6) Sustainable development and management of water resources;

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

(8) Improved access to affordable housing by increasing the supply
thereof through direct allocation, better access to unutilized lands, and
increased production of multiple use and higher density projects,
where appropriate;

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

(10)Equitable access to land through State intervention that guarantees its
affordability to the basic disadvantaged sectors defined under
Republic Act No. 8425 or the Social Reform and Poverty Alleviation
Act;

(11)Energy security or energy self - sufficiency;

(12)Preservation and conservation of parks and protected areas to keep
the scenery, the natural and historic objects, and the biodiversity
therein in the natural state and prevent them 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 lands and all resources therein,
whether public, private, government - owned, and / or in the possession of any
person, whether natural or juridical, and shall guide the rational, holistic and just
allocation, utilization, development and management of the country’s land and water
resources including such activities that bear impact on said resources.

SEC. 4. Definition of Terms. - As used in this Act:

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

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

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

(a) Ancestral domains - refer to all areas generally belonging to ICCs/IPs

as defined in Republic Act No. 8371, otherwise known as the
Indigenous Peoples Rights Act (IPRA) of 1997;
Ancestral Domain Suitable Development and Protection Plan (ADSDPP) -
refers to a plan formulated and pursued in accordance with the rights
of ICCs/IPs to manage and develop the land as well as natural and
human resources within their ancestral domains based on their
indigenous knowledge systems and practices on the principle of self-
determination;

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

(g) Coastal Area / Zone - refers to a band of dryland and the adjacent ocean
space (water and submerged land) in which terrestrial processes and
uses directly affect oceanic processes and uses, and vice versa, its
geographic extent may include areas within a landward limit of one
(1) kilometer from the shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy
beaches and other areas within a seaward limit of two hundred (200)

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meters isobaths to include coral reefs, algal flats, seagrass beds, and
other soft- bottom areas;

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

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

() Critical watershed - refers or forest lands that have been identified and

evaluated to provide critical and vital natural, ecological,

environmental and physical beneficial services such as water,
biodiversity, energy, irrigation, social and cultural, among others, to

a specific area or community and whose biophysical condition

demands immediate rehabilitation, protection and management to

prevent its further denudation, deterioration and exploitation;

Cultural heritage - refers to a totality of cultural properties, whether

natural or human-made, preserved and developed through time,

and passed on the posterity;

(1) Customary laws - refer to a body of written/or unwritten rules, usages,
customs and practices traditionally and continually recognized,
accepted, and observed by respective ICCs/IPs consistent with IPRA;

(m) Danger zones - refer to areas with high level of threat to the lives and
well- being of people that cannot be addressed through scientific,
physical and engineering methods, and are therefore not suitable for
settlement and permanent structures. Areas can only be declared as
danger zones after proper technical studies and public consultations
with affected families are conducted;

Development plan - refers to a document that defines the activities and

measures that the national government or LGUs intend to implement

over a specified period of time in order to achieve the defined set of
development goals identified in the national or local physical
framework plans. It integrates socioeconomic, financial, fiscal legal
legislative, institutional and sectoral plans of the national
government or any of its instrumentalities or a particular LGU,

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consistent with the objectives identified in spatial plans such as land
use plans or physical framework plans. It may include an analysis of
problems and resources, definition of goals and objectives, policy
guidelines, project and target achievements, and an implementation
mechanism which defines the roles and contributions expected from.
the government and the private sector;
Disaster-prone areas or Geo-hazard areas - refer to areas frequented by
and/or vulnerable to experience weather, climatic, hydrologic,
geologic, and other natural disturbances or calamities;
Disaster risk reduction - refers to the concept and practice of reducing
disaster risks through systematic efforts to analyze and manage the
casual factors of disasters, including reduced exposures to hazards,
lessened vulnerability of people and property, wise management of
land and the environment, and improved preparedness for adverse
events;
Ecologically fragile lands - refer to lands within critical watersheds,
brackish and freshwater wetlands, pasturelands, inland rivers and
waterways, coastal and settlement areas, and croplands which require
rehabilitation, protection, and whose continued unsustainable use
would result in physical risks and threats to life and property, public
health and safety, as well as adversely affect the productivity of
lowland agricultural areas and stability of the upland system;
Ecotourism - refers to a form of sustainable tourism within a natural
and/or cultural heritage area where community participation,
protection and management of natural resources, culture and
indigenous knowledge and practices, environmental education and
ethics, as well as economic benefits are fostered and pursued for the
enrichment of the host community and satisfaction of visitors;
Energy resources - refer to surface to subsurface substances that serve as
energy sources. These are traditionally mineral fuel deposits such as
coal, petroleum, natural gas or renewable resources from geothermal,
hydro reservoirs, or nonconventional sources including ocean waves,
solar, wind, biomass, and other similar resources which serve the
same purpose;
Energy resource lands - refer to lands where naturally occurring or
indigenous Energy resources exist in sufficient quantity and/or
quality as to be economically viable for exploration, development,
production, utilization, and distribution purposes;
Environmentally critical area - refer to areas declared by law as:
(1) areas for natural parks, watershed reserves, wildlife preserves,
and sanctuaries;
(2) Areas set aside for aesthetic and visual value;
(3) Areas that constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife both flora and fauna;
(4)
6)

Areas of unique historic, archaeological, or scientific interests;
Areas that are traditionally occupied by ICCs/Ips


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(6) Areas with critical slopes;

(7) Areas frequented and/or hard hit by natural calamities such as,
but not limited to, geologic hazards, floods, typhoons and
volcanic activities;

(8) Recharge areas of aquifers;

(9) Mangrove areas;

(10) Coral reefs;

(11) Mossy and virgin forests;

(12) Rivers and riverbanks;

(13) Swamp forests and marshlands;

(14) Foreshore lands;

(15) Protected areas pursuant to republic Act No. 7586 or the NIPAS
Act of 1992; and

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

Exhausted mineral resources - refer to a situation where the mineral

resources in specific sited are no longer in sufficient quantity or quality

to justify additional expenditure for extraction or utilization;

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

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

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

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

(aa) Foreshore land - refers to a string of land margining a body or water,
the part of a seashore between the low-water line usually at the

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seaward margin of a low tide terrace and the upper limit of wave
wash at high tide often marked by a beach scarp or berm;

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

(cc) Forest lands - refers to one of the four (4) classifications of land under
the Constitution under the public domain classified and/or
determined as suitable for forest purposes not classified as mineral
land, national park and classified agricultural land. These include all
permanent forest, forest reserves, forest reservations, and all the

ing unclassified lands of the public domain;

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

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

(£6) Free, Prior and Informed Consent (FPIC) - refers to the consensus of all
members of the ICCs/IPs to be determined in accordance with their
respective customary laws and practices, free from any external
manipulation, interference and coercion, and obtained after fully
disclosing the intent and scope of the activity, in a language and
process understandable to the community;

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

(hh) Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) - refer
to groups of people or homogenous societies identified by self-
ascriptions and ascriptions by others, who have continuously lived
as organized community on communally bounded and defined
territory, and who have, under claim of ownership since time
immemorial, occupied, possessed and utilized such territories,
sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to
political, social and cultural inroads of colonization, nonindigenous
religions and cultures, became historically differentiated from the

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majority of Filipinos. ICCs/IPs shall likewise include peoples who
are regarded as indigenous on account of their descent from the
populations which inhabited the country at the time of conquest or
colonization, or at the time of inroads of nonindigenous religions and
cultures, or the establishment of present State boundaries, who retain
some or all of their own social, economic, cultural and political
institutions, but who may have displaced from their traditional
domains, or who may have resettled outside of their ancestral
domains;

(ii) Inland waters - refer to waters, which are not coastal and marine waters,
and not subject to acquisitive prescription consistent with the
provisions of Presidential Decree No. 10 or the Water Code of the
Philippines;
Integrated watershed management - refers to a planning strategy or
program for Watershed areas that complement environment sound
soil and water management practices with mechanisms for ensuring
greater responsibility, involvement, or participation of individuals,
groups, communities and other stakeholders benefiting from these
areas and water-related infrastructure;

(kk)Key Biodiversity Areas (KBAs) - refer to the present most important sites
for Biodiversity conservation worldwide. These are places of
international importance for the conservation of biodiversity through
protected areas and other governance mechanisms. They are identified
nationally using simple, standard criteria, based on their importance
in maintaining species populations.

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

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

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

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

(pp) Mandatory public hearings/Consultations - refers to the mechanism to
ensure the involvement of concerned stakeholders and communities
in land use planning, from the barangay to the national level, to
ensure the social acceptability of the plans. It should involve giving
notice of hearing/consultation to concerned stakeholders through
publication or posting in conspicuous places, conduct of a reasonable
number of hearings, and solicitation of positions to arrive at a
consensus. Public presentation of the plans:

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

(rr) Mineral exploration - refers to the systematic searching or protecting for
mineral resources including energy resources;

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

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

(uu) Municipal waters - refers to not only streams, lakes, inland bodies of
water and tidal waters within the municipality which are not included
within the protected areas as defined under Republic Act No. 7586 of
the National Integrated Protected Areas System or the NIPAS Act of
1992, public forest, timber lands, forest reserves of fishery reserves, but
also marine waters included between (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 parallel with the
general coastline including offshore islands and fifteen (15) kilometers
from such coastline. Where the territory of a municipality includes
several islands, outermost points of such islands shall be used as base
points and connected by archipelagic baseline, irrespective of the
lengths of such baselines from the main coastlines. Where two (2)
municipalities are situated on opposite shores that there is less than
thirty (3) kilometers of marine waters between them, the third line
shall be equally distant from opposite shire of the respective
municipalities;

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

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


(xx) National Park - refers to forest reservation essentially of natural
wilderness Character which has been withdrawn from settlement,
occupancy or any form of Exploitation except in conformity with
approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, natural and historic objects,
wild animals and plants therein and to provide enjoyment of these
feature in such areas. It shall also refer to lands and waters of the
public domain classified as such in the 1987 Constitution which
include all areas under the NIPAS, pursuant to Republic Act No.
7586 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 agricultural areas identified by the Department
of Agriculture (DA) through the Bureau of Soils and Water
Management (BSWM) in coordination with the National Mapping
and Resource Information Authority (NAMRIA) in order to ensure
the efficient utilization of land for agriculture and agro-industrial
development and to promote sustainable growth. The NPAAAD
covers all irrigated areas; all irrigable lands already covered by
irrigation projects: all alluvial plains: lands highly suitable for
agriculture whether irrigated of not; agro-industrial croplands or
lands planted to industrial crops that support the validity of existing
agricultural infrastructure and agro-based enterprises; highlands or
areas located at an elevation of five hundred (500) meters or above and
have the potential for growing semi-temperate and high value crops;
all agricultural lands that are ecologically fragile the conversion of
which will result in serious environmental degradation; and all
mangrove areas and fish sanctuaries;

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

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

(bbb) Physical framework plans - refer to the national, regional or provincial
indicative plans that outline the overall and macro-level physical
development objectives, priorities, directions and strategies in its
respective levels as prepared, reviewed, integrated and finalized by
the national, regional, regional and provincial land use
councils/boards, respectively, based on the Comprehensive Land

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Use Plans (CLUPs) of the LGUs and the national policy guidelines
relating to land use and environment management to prevent or
mitigate the adverse effects of inappropriate resource utilization on
food security, the people’s welfare, and their environment;

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

(ddd) Prime agricultural lands - refer to all contiguous irrigated areas and
irrigable lands already covered by irrigation projects; all alluvial
plain lands highly suitable for agriculture whether irrigated or not
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 five hundred (500) meters or above
and have the potential for growing semi-temperature and high
value crops outside of declared permanently forestlands and
protection forests, and are not located in ecologically fragile and
environmentally critically areas;

(eee) Production forest - refers to forestland located in production lands
managed primarily for the production of timber and other tree
products;

(ff6) Production land use - refers to the direct and indirect utilization of land
to generate output resulting from the following activities; agricultural,
fish farming of aquaculture, timber or agri-forestry, grazing and
pasture, mining, indigenous energy resource development,
industry, and tourism;

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

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

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

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

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

(Ill) Resettlement sites - refer to areas identified by the appropriate national
agency or by the LGU, with respect to areas within its jurisdiction,
which shall be used for the relocation of the underprivileged and
homeless, as defined under Republic Act No. 7279 or the Urban
Development and Housing Act (UDHA) of 1992;

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

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

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

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

(qq) 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, determines of relationships among settlement areas, and the
provision of basic services and facilities of identified major settlement
areas or growth centers;

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

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

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

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

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

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

(0x) Sustainable development - refers to the development objective of
meeting the needs of the present generation without compromising
the ability of future generations to meet their own needs, consistent
with the principles of social equity, efficiency, and environmental
integrity;

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

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

(aaaa) Tourism ecozone - refers to tourism development areas, outside
protection lands, which have been granted Special Economic Zone
status, through the Philippine Export Authority (PEZA) registration
and issuance of the required Presidential Proclamation, with its metes
and bounds delineated by said Proclamation, pursuant to Republic
Act No. 7916 or The Special Economic Zone Act (SEZA) or 1995, as
amended;

(bbb) Tourism estates - refer to large tracts of land with well-defined
boundaries in any area, excluding those in protection lands,
identified in the Philippine tourism master plan and regional tourism
masterplan, by proclamation of the President and/or by acts of
Congress and/or by local legislation and declared suited for the
development of an integrated tourism and resort complex with
prescribed carrying capacities and limits for its facilities and activities;

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(cece) Tourist spot - refers to a particular area/site/spot, human-made or
natural, known for its unique tourist/visitor-drawing attributes and
activities and which may be classified according to its social, cultural,
natural, historical, aesthetic, visual, scientific, religious, and
recreational significance;

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

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

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

(gggg) Urban forestry or Green space - refers to the establishment or setting-
up of areas for mini-forest, eco-parks or small nature parks, in both
public and private lands: wetlands, humans-made lagoons and lake
systems, riverbanks and shores, grasslands, roof and rock gardens:
lining roads and highways with trees, shrubs, or ornamental plants,
and ground landscaping of schools, hospitals, and other government
agencies in order to improve the environment in urban areas;

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

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

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

(Kkkk) Zoning - refers to the regulatory tool for delineating the specific land
uses in accordance with the approved CLUP within the territorial
jurisdiction of a city/municipality and specifying the conditions for
their regulation; subject to the limitations imposed by law and
competent authority; and

(ll) Zoning ordinance (ZO) - refers to a local law passed by the

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Sangguniang Bayan or Panlungsod approving the development
control/zoning plan in accordance with an approved or adopted
CLUP of the city/municipality, providing for the regulations and
other conditions on the land uses including the limitation on the
infrastructure that may be placed within the city’s/municipality’s
territorial jurisdiction. It incorporates the protected areas, protected
agricultural lands and ancestral lands as provided for in this Act.

CHAPTER II
FRAMEWORK FOR LAND USE PLANNING

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

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

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

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

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

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

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

(g) Respect for existing customary rights and traditional land uses of
ICCs/IP;

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

@

The availability of natural resources including indigenous energy
resources for energy security and self-sufficiency. However,
infrastructure energy projects such as dams with large reservoirs in
natural ecosystem shall not 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 national, regional and provincial framework plans, and CLUPs, land
uses shall be group into four (4) major functional uses as follows:

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

Areas under this category are those covered by the NIPAS Act of 1992
and other coastal and marine protected areas; areas outside NIPAS,
which include, but are not limited to:
(1) Natural and restored forests, which consists of:
(i) All existing areas within forestland containing primarily
and secondary forest of whatever types or species;
(i) All existing areas within forestland containing secondary-
growth or residual forests of whatever type or specie;
(iii) Areas identified as key biodiversity areas (KBAs);
(iv) _ Restoration areas;
(v) All mangroves forests;
(vi) All easement areas as defined under Presidential Decree No.
1067, otherwise known as the Water Code of the
Philippines; and

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(vii) All other areas that would be deemed appropriate for
protection, as designated by the Department of
Environmental and Natural Resources (DENR), subject to
the approval of the NLUPC created pursuant to Section 55
hereof.

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

(i) Coral reefs;

(i) Marshes and wetlands;

(iii) Lake and rivers;

(iv) Caves; and

(v) Waterfalls.

(4) Disaster-prone areas that include areas subject to, or may be subject

(i) Recurrent flooding;

(ii) Liquefaction;

(iii) Tsunamis;

(iv) Storm surges;

(v) Polar vortex;

(vi) Mass wasting;

(vii) Volcanic eruption

(viii) Direct impact of seismic activity;

(ix) Other disaster caused by climatic conditions; and

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

(6)Critical watershed areas;

(6)Marine protected areas;

(7)All prime agricultural land as defined under this Act;

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

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

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

(b) Production Land Use refers to the most efficient, sustainable, and
equitable utilization, development and management of land for
productive purposes which are not classified for protection land use
as defined in this section. Areas included in this category are
agricultural lands, coastal and marine zones, production forest,
mineral lands, energy resource lands, industrial, and tourism
development areas where productive activities could be undertaken
to meet the country’s requirements for economic growth and

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development. Protection land use shall comprise of, but shall not be

limited to:

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

(i) Lands whose soils are suitable agricultural development;

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

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

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

(v) All lands in areas not highly prone to natural hazards that

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

2) Coastal, inland water and marine zones, such as fishponds;
@) Production forests, such as:

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

(ii) All areas within forestlands considered as rangelands for
grazing purposes; and

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

(4) Rangelands for grazing;

(5) Industrial development areas; and

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

(c) Settlements and Institutional Land 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 population, identification of the roles and functions of
key urban centers, determination of relationships among settlement
areas, and the provision of basic services and facilities to such
settlements. It shall also include lands identified for institutional uses
such as educational, administrative, government, law enforcement,
health care and social services. Settlements and institutional land uses
aim to ensure for the present and future generation the:

(1) Effective integration of activities within and among settlements,
allowing efficient movement of people and production of
commodities through the provision of appropriate land,
infrastructure, and facilities; and

(2) Access of the population to housing, education, health care,

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recreation, transportation and communication, sanitation, and
basic utilities such as water, power, waste disposal, and other
services;

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

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

SEC. 7. Land Use Plans for Ancestral Domains. - Land use plans for ancestral
mains shall be formulated by the ICCs/IPs themselves in accordance with their
particular needs and traditional resource and management systems with the assistance
of the National Commission on Indigenous Peoples (NCIP), the LGU’s and civil
society organizations (CSOs) concerned. Such plans shall be recognized and adopted
in the barangay, city/ municipal, provincial, regional and physical framework plans.

Physical framework plans made prior to the delineation of ancestral domains
included in such plans or ordinances shall, without prejudice to the rights of the
ICCs/IPs concerned, adopt different land use categories in accordance with their
particular needs and traditional resource and management systems.

In cases where there are no ADSDPPs, the LGUs and the ICCs/ Ps shall jointly
formulate the land use 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 alternative uses
of a specific land resources shall be determined and evaluated by the respective local
land use _ boards prior to any decision for the assignment of its use. Areas feasible
for sustainable resource use may be considered multiple-use zones wherein settlements,
tourism, agriculture, agro-forestry and extraction activities and other income-
generating, or livelihood activities may be allowed, except areas under protection land
use: Provided, That multiple uses of land resources shall be in accordance with priorities
in land use allocation identified in the approved physical framework and land use
plans wherein such multiple uses are compatible with the original land use and
planning, and that no reclassification shall be allowed: Provided, further, That, where
there are vested rights, titles, and claims prior to the enactment of this Act over the
areas feasible for sustainable land resource use, the same shall be respected.

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CHAPTER III
SPECIAL AREAS OF CONCERN

ARTICLE ONE. LAND USE CLASSIFICATION,

SEC. 9. Review of Land Use Classification. - The NLUPC shall review and
assess the current land use classification system and definitions used in the country to
ensure that it reflects the actual use of lands in the country.

The Land Management Bureau (LMB) shall provide the necessary technical
Information, conduct the needed assessment of the status of the existing land use
classification and shall submit an assessment report to the NLUPC not later than ninety
(90) days from the establishment of the latter.

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

ARTICLE TWO. NIPAS AREAS

SEC. 11. Integrated Management Strategy. - For more effective planning,
management, and protection of protected areas at the provincial and city / municipal
levels, the Protected Area Management Plan (PAMP) referred to in the NIPAS Law
shall be incorporated in the Provincial Physical Framework Plan (PPFP) and CLUPS if
applicable, wherein protected area zoning shall be reflected.

ARTICLE THREE. AGRICULTURAL LANDS

SEC. 12, Priority Areas for Agricultural Development. - The priority areas for
agricultural development are the areas distributed under agrarian reform, arcas that
can be covered by the Comprehensive Agrarian Reform Program (CARP), and those
identified as part of the NPAAAD. The mapping of the NPAAAD under the
Agriculture and Fisheries Modernization Act (AFMA) shall be completed not later
than one (1) year from the effectivity of this Act.

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

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

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

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

agency.
ARTICLE FOUR. ANCESTRAL DOMAIN

SEC. 14. Priority Areas for Agricultural Development Within Ancestral Domain.
~ Agricultural lands within ancestral domain shall be developed in accordance with
their ADSDPP.

SEC. 15 Respect for Ancestral Domains. - The Ancestral Domain Management
Plan (ADMP) or ADSDPP shall be adopted and integrated into the CLUP and/or
other plans that the LGU is mandated to produce. The extent of ancestral domains
shall be reflected in the land use plan, and shall be zoned as such in the zoning
ordinance, It shall be comanaged by the LGU and ICC/IP community. Additionally,
the ADMP/ADSDPP shall be included in the investment plans of the LGU.

SEC 16. Ancestral Domain Policy Adoption. - Ancestral domain policies shall
be adopted in the LGU’s land use policy framework. However, in the event that the
ADMP/ADSDPP is still in the formulation stage or remains to be formulated, the
right to self-determination, and the observance of traditional resource and management
systems and processes shall be upheld ataall times, as provided for under Republic Act
No. 3871.

ARTICLE FIVE. FOREST LANDS AND RESERVATION OF
WATERSHED

SEC. 17. Permanent Forestlands. - All forestlands are classified as forest or
timberlands. Titles, settlements, permits, leases, and/or agreements within critical
habitats, critical watershed areas, protected areas and KBAs shall be reviewed, and their
legality affirmed. All erroneous titles, settlements, permits, leases and/or agreements
within permanent forestlands shall be cancelled or revoked in due course.
Noncompliance with and violations of these instruments shall be grounds for their
cancellation or revocation:

Provided, That the applicable provision of Republic Act No. 3871 shall be

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respected.

SEC. 18, Additional Areas to be Included as Permanent Forestlands. - The
following lands are needed for environmental protection and forestry purposes and
shall not be reclassified as agricultural lands or for any other land use:

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

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

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

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

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

(© Areas considered as environmentally critical because of their
vulnerability to damage from landslides, volcanic eruptions, and
other natural causes.

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

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

SEC. 21. Formulation and Implementation of Integrated Watershed
Management Plans. - With the assistance of the DENR and upon mandatory
consultations with the concerned sectors and communities, the LGUs, through their
local land use boards, shall prepare their watersheds management plans which shall
be integrated into their respected CLUPs. The formulation and integration of the plan
shall be guided, among others, by the principle of the management and development
of inland water resources at the watershed level and shall be consistent with the
National Forestry Master Plan (NFMP).

The DENR and the concerned LGUs shall jointly implement the watershed
management plan subject to regular consultations with and involvement of the

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community and other stakeholders in the implementation of the plan.

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

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

ARTICLE SIX. COASTAL ZONES

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:

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

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

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

(d) Areas accessible to the sea and identified for fisherfolk settlement
and housing but are not part of or are not within any protected
land use areas shall be allocated to traditional fisherfolk who are
inhabitants of the coastal communities, 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
Department of Human Settlements and Urban Development
(DHSUD): Provided, That the government shall issue marine
tenurial rights to organizations concerned based ona criteria to be
established by the NLUPC;

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

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

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

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

SEC. 25. Coastal Land Zone Sub classification. - All public lands in the coastal
zones shall be subclassified into any of the following: fishponds, mangroves,
protection from tidal surge preservation of biodiversity, habitats and sanctuaries for
endangered wildlife, fisherfolk settlement, or recreational/tourism areas. No sub
classification of coastal zones to different uses shall be done without the following:

(@) Conduct of a comprehensive inventory and resource and
environmental assessment by the DENR with respective LGUs
and accredited Nongovernment _ organizations/people’s
organizations (NGOs/POs) within their jurisdiction. The result
of such assessment along with a list of all existing applications
and expired Foreshore Lease Agreements shall be posted in three
(3) conspicuous places in the affected localities; and

(b) Prior consultation with local Fisheries and Aquatic Resource
Management Councils (FARMCs) formed pursuant to Republic
Act. No. 8550 or The Philippine Fisheries Code of 1998.

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

SEC. 27. Tourism and Recreation Zone. - The designation of areas for tourism
and resorts near or over fishery areas or ports thereof shall be with the consent of the
concerned 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 Presidential
Decree No. 1067 or the Water Code of the Philippines, the banks of rivers and streams

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and the shores of the seas and lakes throughout their entire length and within a zero of
three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40)
meters in front areas, along their margins are subject to the easement of public use only
in the interest of recreation, navigation, floatage, fishing, and salvage.

The protection of flood plains shall adopt a river basin management approach,
in order to come up with integrated flood mitigation interventions. Development
within flood plains and other flood-prone areas must be controlled or, if allowed,
must be so sited, constructed and serviced that the lives 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 shall establish land use regulations to mitigate flood
risks through the CLUPs and ZOs.

To promote the best interest and the coordinated protection of flood plains, the
Department of Public Works and Highways (DPWH), in coordination with the
Department of Science and Technology (DOST) and the DENR, shall declare flood
control areas, as necessary, and shall prohibit or control activities that could damage or
cause deterioration of lakes and dikes, obstruct the flow of water, change the natural
flow of rivers, increase flood losses or aggravate flood problems pursuant to the
Water Code of the Philippines.

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 lease
agreement (FLA) shall be issued for tidal swamps, mangroves and oilier swamps,
marshes, ponds, foreshore lands, and coastal areas within public lands, including
those presently declared available for fishpond development. The NLUPC, in
coordination with the DENR, the DA, the FARMCs and the LGUs shall set aside a
portion of available public lands for fish propagation, fish sanctuary, conservation,
ecological purposes and fisherfolk settlement areas. Fishponds covered by existing
FLAs, but are abandoned or are not operating efficiently and are found suitable for
mangroves shall be reforested with mangroves.

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

ARTICLE SEVEN. MINERAL LANDS

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

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SEC. 32. Criteria for the Allocation and Utilization of Lands for Mining
Purposes. - The allocation and utilization of lands for mining purposes shall be
guided by the following:

(a) The principle of sustainable development shall be observed at all
times;

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

G

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

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

@

SEC. 33. Reversion of Mineral Lands. - All mineral lands with exhausted
mineral resources, as determined by the MGB, shall automatically revert to their
original land classification, that is, as forest land or agricultural land. The concerned
mining companies shall bear the full cost of rehabilitation of these areas.

ARTICLE EIGHT. ENERGY RESOURCES

SEC. 34. Guidelines for the Allocation and Utilization of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution
Purposes. - To ensure that the objectives of maintaining ecological balance and
maximizing the power potential from indigenous energy resources in the most
economical and environmentally acceptable means are realized, the allocation and
utilization of lands shall be guided by the following, consistent with existing
regulations and laws on energy resources:

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

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

(©) Protected areas as defined in Section 4 hereof shalll be closed to any

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kind of energy resource development;

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

() Renewable energy shall be 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 proclamations shall automatically revert to the category of forestlands
or agricultural lands open to disposition, whichever is appropriate, unless the DENR
shall classify such areas for other purposes. Exhausted energy resource lands shall
refer to specific energy resource sites whose energy reserves of the desired type/s are
no longer in sufficient quantity or quality to justify additional expenditure for their
extraction and utilization.

ARTICLE NINE. SETTLEMENTS DEVELOPMENT

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

SEC. 37. Settlements Within Geo-hazard Areas and/or High Risk/Danger Zones.
~ Settlements within geo-hazard areas and/or high risk/danger zones shall not be
allowed. In cases where there are existing settlements within geo-hazard and/or high
risk/danger zones, the concerned government agencies shall provide assistance to
concerned LGUs and settlers in instituting safety and corrective measures to address
the potential danger or risk.

SEC. 38. Designation of Waste and Environment Management Site. - Each city
or municipality shall identify and designate an area to serve as waste and environment
management, waste disposal, and facilities within one (1) year from the effectivity of
this Act. The LGUs, in coordination with the DENR or any other competent authority,
shall identify sanitary landfill in order to fast-track the conduct of the Environmental
Impact Assessment (EIA) study and to facilitate the processing of the ECC. The site or
area shall be identified in the city’s or municipality’s CLUP. For this purpose, cities
and municipalities shall establish their solid waste management program, pursuant
to Republic Act No. 9003, otherwise known as the “Ecological Solid Waste
Management Act of 2000”.

Likewise, as provided under Section 33 of the Local Government Code of 1991,
cities and municipalities may, through appropriate ordinances, bind themselves

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

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

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

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

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

SEC. 40. Zoning of Identified Sites for Socialized Housing. - The identified sites
for socialized housing shall be located in residential zones identified by the city’s or
municipality's CLUP and ZO duly approved by the NLUPC. However, for cities
and municipalities where the identified sites are not within the said residential zones,
the location shall be within the priority sites and conform with the suitability criteria as
defined in Sections 6.3 and 6.4 of the Guidelines in HUDCC Resolution No. 521, Series
of 1992, or as may be defined in subsequent issuances. The identified sites shall be
zoned as socialized housing zones as defined herein.

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

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housing component shall be integrated thereto.

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

SEC. 42. Guidelines for Identification of Settlement Sites. - In identifying
settlements areas, prospective sites should be:

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

(b) Along established urban growth directions;

(©) With provision for or can be provided with basic services and
utilities;

(d) Within the 0 to 8% slope range; and

(e) 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 or highly-urbanizing
municipality shall identify, designate, and allocate lands owned by the city or
municipality as urban forest or green space, based on the guidelines and standards to
be issued by the DENR and approved by the NLUPC.

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

ARTICLE TEN. INDUSTRIAL DEVELOPMENT AREAS/SITES

SEC. 45. Criteria for Designating Industrial Development Areas. - The
identification and establishment of industrial development areas shall conform to the
provision of Republic Act No. 7916 or the SEZA of 1995 as amended by Republic Act
No. 8748, Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL)
as amended by Republic Act No. 9700 or the Comprehensive Agrarian Reform
Program Extension with Reforms (CARPER), Republic Act No. 8371 or the IPRA,
Republic Act No. 7279 or the UDHA, Republic Act No. 8550 or the Philippine Fisheries
Code as amended by Republic Act No. 10654, and Republic Act. No. 8435 or the
AFMA, taking into consideration the following:

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(a) Identified network of areas for agricultural development and
protected agricultural areas pursuant to Republic Act No. 8435;

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

(©) Identified growth areas and corridors in the National Development
Plan;

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

(e) National and Urban Development and Housing Framework;

(0) Identified Socialized Housing Zones; and

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

The designated industrial development areas shall be located only in
production land use areas and shall become an integral part of the land use plan and
ZO of the city or municipality where these areas are located. Republic Act No. 9700,
Republic Act No. 8371, Republic Act No. 7279, Republic Act No. 8550, Republic Act
No. 8435, and Republic Act No. 7160 or the local Government Code of 1991 shall apply
to all Special Economic Zones and Free Ports.

ARTICLE ELEVEN. TOURISM DEVELOPMENT AREAS

SEC. 46. Designating Tourism Development Areas. - The identification,
selection, and development of tourism development areas, and tourism enterprise
zones (TEZs) shall be done in consultation and coordination with the concerned LGUs,
the TIEZA, the DOT, and other concerned national government agencies, the private
sector and the affected communities, subject to the provisions of Republic Act No. No.
9593 or the Tourism Act of 2009. Tourism development areas shall likewise include
those covered by legislative and executive issuances such as tourist spots, tourist zones
and tourism ecozones which can be developed into tourism estates or integrated resort,
leisure and recreation complexes and other tourism-related facilities as well as those
identified in the national, regional, and area- specific tourism master plans and other
sector plans, such as ecotourism and agritourism sites: Provided, That such sites
designated for tourism development are outside of areas identified for protection land
use. As much as practicable, community-based tourism shall be the principal mode of
tourist spot operation. Republic Act No. 9700, Republic Act No. 8371, Republic Act
No. 7279, Republic Act No. 8550, Republic Act No. 8435, and Republic Act No. 7160
shall apply and Executive Order No. 111, Series of 1999 that provided for the National
Ecotourism Strategy shall likewise apply to all tourist zones and tourist development
areas.

Designated areas for tourism development shall become part of the CLUPs and
ZOs of the cities or municipalities where these are located.

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SEC. 47. Identification and Preservation of Cultural Heritage. - In accordance
with Republic Act No. 10066 or the National Cultural Heritage Act of 2009, the
National Historical Commission for Culture and the Arts (NCCA) in coordination
with other concerned agencies, local communities, and the private sector, shall identify
and declares areas and structures which shall be protected and preserved as part of the
Philippine cultural heritage. The NHCP and the NM, in consultation with the NCCA
and the HLURB, shall designate heritage zones to protect the historical and cultural
integrity of a geographical area that is significant to national history.

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

ARTICLE TWELVE. INFRASTRUCTURE DEVELOPMENT

SEC. 48. Allocation and Use of Land for Infrastructure Development. - Land,
whether public or private, shall be allocated and utilized for priority infrastructure
projects that are supportive of national or local development objectives. The National
Economic and Development Authority (NEDA), in consultation with the concerned
national government agencies, LGUs, and the private sector, shall identify and
periodically review, update and/or revise the list of priority infrastructure projects
under an overall national strategic infrastructure development plan subject to the
provisions of this Act, Republic Act No. 8435 and Republic Act No. 8371: Provided, That
such national strategic infrastructure development plan shall be consistent and
integrated in the objectives and directions of the NPFP.

In determining and evaluating the list of priority infrastructure of projects,

consideration shall be given to those that;

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

b. Upgrade existing facilities to international public safety standards;

Address the need for sustainable settlements development; and

as

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

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

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Provided, further, That the proponent of the infrastructure project shall follow the
rules on just and humane eviction or demolition under Section 28 of Republic Act No.
7279 as s last resort notwithstanding the provisions of Republic Act No. 8975,
prohibiting lower courts from issuing temporary restraining orders, preliminary
injunctions, or preliminary mandatory injunctions, and that the proponent shall follow
provisions of Republic Act No. 8371, particularly those pertaining to the rights of
ICCs/IPs in case of displacement.

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

SEC. 49. Infrastructure Projects Within Geo—hazard Areas. - Construction of
priority infrastructure projects within hazard-prone areas shall be allowed; Provided,
That mitigating and/or preventive measures are adopted and implemented to address
the potential adverse economic, sociocultural, and environment impacts that will
emanate from these infrastructure projects, subject to the findings and
recommendations of a feasibility study/EIA in accordance with Presidential Decree
No. 1586 (EIS System) and Republic Act No. 4846 or the Cultural Properties
Preservation and Protection Act.

Existing projects that were undertaken without the required EIA and which pose
a threat to the environment, or to integrity of historic, archaeological, or scientifically
significant areas or impinge in critical ecosystems, may be terminated immediately, or
mitigating measures: Provided, That the rules on mandatory public
hearings/Consultations and just and humane eviction or demolition shall also be
observed prior to the termination, gradual phase-out, or relocation of projects that
will necessarily involve dislocation or displacement of people in the area.

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 50 National Land Use Planning Process. - The physical framework and
land use planning process shall be participatory, following a combined bottom-up
and top-down approach, with mandatory public hearings/consultations conducted
at all levels, and shall consider available and updated multidisciplinary scientific
information of land uses.

A set of national policy guidelines and standards for physical planning shall be
formulated by the NLUPC. These shall guide the preparation and formulation of the
NPFP, Regional and Provincial Physical Framework Plans (RPPFPs).

These standards shall give due consideration to conflicting uses and areas being
used, declared of designated for agrarian reform, protected areas, coastal resource

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management and/or ancestral domains.

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

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs) and the Provincial Physical Framework Plans (PPFPs). The RPFPs, the PPFPs
and the CLUPs, which cover the physical development of their respective territories,
shall be consistent with the NPFP.

Provided, That the integration and harmonization of physical framework plans at
all levels shall be iterative to ensure that the concerns of both top and bottom levels of
government are considered in the NPFP, the RPFPs, the PPFPs and the CLUPs.

The physical framework and land use plans prepared at all levels shall be
consistent with each other, specifically on the linkages of the major land use categories
to ensure their complementation in the utilization, development and management of
resources. The period of coverage of the national, regional and provincial framework
plans shall be thirty (30) years with regular review and updating every ten (10) years.

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

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

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

SEC. 52. Regional Physical Framework Plan (RPFP). - The RPFP shall provide
board spatial directions and policy guidelines on protection land use, production
land use, settlement development, and infrastructure development at all regional
level and guide the formulation of the PPFPs. The RPFPs. The RPEP shall consider

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the existing PPFPs and the CLUPs of LGUs within the territorial jurisdiction of the
region.

The Regional Land Use Policy Council (RLUPC), created under Section 59 of
this Act, shall formulate and periodically update the RPFP based on the guidelines
issued by the NLUPC, ina manner consistent with and following the objective of the
NPP. Likewise, the Medium-Term Regional Development Plan (MIRDP) and the
Medium-Term Regional Development Investment PrograM (MTRDIP) shall be
guided by and made consistent with the objectives identified in the RPP.

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

Further, the PPFP shall serve as basis for other sectoral and development plans
related to land, natural resources, infrastructure facilities, including the development
plan of the province; the reconciliation and rationalization of the land use proposals
among component cities and municipalities with the higher level framework plan;
guiding development agencies and private developers, particularly those that
undertake large-scale projects: and providing a basis for resolving conflicts arising
from the implementation of land use plans and development projects involving two (2)
or more municipalities.

The PPFP shall serve as the basis for the preparation of the Provincial
Development Plan (PDP) and the Provincial Development Investment Program
(PDIP). The PPEP, the PDP, the PDIP and/or the Provincial Physical Framework and
Development Plan (PPFDP) shall serve as the basis for the formulation of sectoral
action plans of national government agencies in the province and all LGUs within its
jurisdiction. The province may opt to prepare their PDP alongside the preparation of
PPFP and consolidate them into a PPFDP: Provided, That PPFDP shall remain consistent
with the PPFP: Provided, further, That any review or changes in the PPFP shall coincide
with the overall review process of the NPEP. The Provincial Land Use Planning and
Management Board (PLUPMB) created under this Act shall ensure that the PPFP is
consistent with the national and regional planning framework and guidelines issued
by the NLUPC/RLUPC. The PPFP shall be presented to the Provincial Development
Council (PDC) for endorsement to the Sangguniang Panlalawigan, which shall
formally adopt and approved the PPEP. The approved PPFP shall be submitted to the
RLUPC for consolidation and integration into the RPEP.

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

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SEC. 54, City and Municipal Comprehensive Land Use Plans (CLUPs). - All
barangays shall provide their sectoral, temporal and spatial data for the CLUP which
shall serve as the foundation for the foundation for the formulation of the
city/municipal CLUPs. The data shall be provided by the Sangguniang
Pambarangay through stakeholder consultations. The CLUP shall determine the
specific uses of land and other physical and natural resources, both private and public,
within their territorial jurisdiction including areas comanaged with the national
government and, as appropriate, management plans for ancestral domains, critical
watersheds, river basins, and protected areas.

The CLUP shall delineate actual boundaries on the ground within the territorial
jurisdiction, embody the desired land use patterns of the barangay, city or municipality,
translate and integrate sectoral plans, and provide appropriate policies for each of the
four (4) land use planning categories. The spatial directions prescribed in the CLUP
shall serve as the basis for the preparation and formulation of the Comprehensive
Development Plan (CDP) and Local Development Investment Program (LDIP) of the
LGUs.

Consistent with the national standards and guidelines prescribed in Section 50
of this Act, the cities and municipalities shall, in consultation with the concerned
sectors, prepare their respective CLUPs. The City /Municipal Land Use Planning and
Management Board (C/MLUPMB) created under this Act shall be responsible for the
preparation and formulation of the CLUP and ensure its consistency with national
and regional physical planning guidelines and standards. Under the general
supervision of the respective C/MLUPMB, the City/Municipal Planning and
Development Office/Coordinator (C/MPDO/C) shall provide technical, secretariat
and administrative support in the preparation, consultation, integration and
formulation process of the respective CLUPs of each city of municipality.

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

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

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 responsibilities identified under this Act and assume the functions of the NEDA
Board-National Land Use Committee (NB-NLUC). It shall further exercise the
powers and functions pertaining to land use planning vested by law on the Housing
and Land Use Regulatory Board (HLURB), except the following which shall remain
as official functions of the HLURB:

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

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

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

The NLUPC shall act as the highest policy-making body on land use and shall
resolve land us policy conflicts between or among agencies, branches, or levels of the
government, It shall integrate efforts, and monitor developments relating to land use
and the evolution of policies.

SEC. 56. Composition of the NLUPC.- The NLUPC shall be headed by the
Director General of the NEDA as Chairperson. It shall choose a Vice Chairperson
from among the members of the Council, who shall assume the functions of the
Chairperson in case of absence. The NLUPC shall meet at least once every quarter.

The members of the Council shall be the following:

(a) The Secretary of the DAR;

(b) The Secretary of the DA;

(©) The Secretary of the DENR;

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

(©) The Chairperson of the NCIP;

(8 The Chairperson of HUDCC;

(g) The Chief Executive Officer of the HLURB;

(f) The Administrator of the NAMRIA;

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

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

(k) Two (2) representatives each from four (4) basic sectors directly involve
in land use namely: urban poor, peasants, fisherfolk, and indigenous
peoples who shall be appointed by the respective National Anti-
Poverty Commission (NAPC) sectoral councils. Of the eight (8)
sectoral representatives, at least four (4) shall be women, Provided, that
one of whom shall be from the Moro sector:

() Four (4) representatives from the developers’ associations, the
accredited associations of professionals dealing with land use such as,
but not limited to, urban and regional planners, environmental
planners, architects, geologists and geodetic engineers, the business
or private sectors; and

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(m)The Head of the NLUPC Secretariat who shall be nonvoting ex
officio member.

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

SEC. 57. Powers and Functions of the NLUPC. - The NLUPC shall have the
following powers and functions:

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

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

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

(a) Ensure the consistency of other national development and sectoral
plans and programs, including the Medium-Term Philippine
Development Plan (MTPDP) and Public Investment Program (PIP),
with the NPFP;

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

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

(g) Issue locational clearances for projects of national significance;

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

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

() Advise the President of the Philippines and the NEDA Board on all

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matters concerning land use and physical planning;

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

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

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

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 59. Regional Land Use Policy Council (RLUPC). - At the regional level, the
Regional Land Use Committee (RLUC) is hereby abolished and in its stead, the
RLUPC shall be created. The RLUPC shall be institutionalized, replicating the
NLUPC structure and composition. It shall chaired by the NEDA Regional Director
and exercise the following functions:

(a) Formulate regional policies and guidelines which are consistent with
the national planning guidelines issued by the NLUPC in the
preparation and formulation of the respective provincial physical
planning and CLUPs of LGUs within its jurisdiction;

(b) Prepare and periodically update the RPFP, taking into consideration
national policies and lower level plans;

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

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

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

() Coordinate and monitor the land use activities of regional line
agencies and LGUs;

(g) Evaluate consistency of major programs and projects of regional
agencies and entities with the RPFP and their impact on land use and
the environment; and

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

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In forest land use management, where the watershed area/continuum covers
several municipalities across different provinces, an inter-LGU task force composed of
representatives from the RLUPC and the concerned municipal LGUs where the
watershed area is located shall be formed. With the assistance of the DENR and upon
mandatory consultations with the concern sectors, the inter-LGU task force shall
formulate 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) is hereby abolished. The Provincial
Land Use Planning and Management Board of PLUPMB is created in all provinces
under this Act to oversee the preparation, integration, adoption and approval of the
PPFP and shall ensure its consistency with approved national and regional planning
guidelines. The PLUPMB shall also be directly responsible for the effective
management and implementation of the approved PPFP and ensure that any existing
and future development initiatives, programs and projects introduced within its
jurisdiction are consistent with and supportive of the land use resource management
and physical planning objectives, directions and character identified in the approved
PPEP.

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

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

(b) Submit to the PDC the draft CLUP for its transmission to the
Sangguniang Panlalawigan and for the PDC to use it as reference for
consistency and complementation with other development plans;

(9) Review, monitor and access 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;

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

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

() Advise the Sangguniang Panlalawigan on all matters pertaining to
land use and physical planning;

(g) Promote cooperation and sharing of resources between and among
component LGUs of the province or with neighboring LGUs to

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address common land use and development issues including those
related to geo-physical hazards, watershed and river basin
management, coastal and marines, climate change impact and
disaster risks; and

(h) Assist the Sangguniang Panlalawigan in reviewing the submitted
CLUPs of component cities/municipalities to ensure consistency
with the PPEP.

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

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

(a) The Provincial Planning and Development Coordinator (PPDC);

(b) The Chairperson of Sangguniang Panlalawigan Committee on
Environment and Natural Resources;

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

(d) The Provincial Agrarian Reform Officer (PARO);

(@) The Provincial Environment and Natural Resources Officer
(PENRO);

(©) The Provincial Agricultural Officer (PAO);

(g) The NCIP Provincial Officer;

(h) The HLURB Regional Officer;

(i) Three (3) representatives from the local business or private sector, the
developers’ association and accredited associations of professionals
dealing with land use such as but not limited to, urban and regional
planners, environmental planners, architects, geologist, geodetic
engineers, and 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, indigenous peoples): Provided, That at least two (2)
representatives shall be women: Provided, further, That the
representatives shall be appointed from among the accredited
organizations within their respective development councils: Provided,
finally, That in predominantly Muslim areas, one shall be from the
Moro sector; and

(k) The designated Board Chairperson to be chosen among the members.

Except for ex officio members, the members of the PLUPMB shall be appointed
for a term of three (3) years, subject however to the elected office held, government
employment and/or official designation of the LGU, national agency and/or local

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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 of the PLUPMB. The Provincial
Planning and Development Coordinator/Office (PPDC/PPDO) shall provide
technical secretariat and administrative support and resources for the effective
operation of the PLUPMB.

Aside from the PPDO, the PLUPMB may call upon other local and national
government offices and agencies such as the local Engineer, Assessor, and local field
representatives of the DA, the DPWH, the DOT, the DENR, the DAR, the DepED,
the NCIP and other concerned national agencies to assist the PLUPMB in the
performance of its roles and mandates.

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

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

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

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

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

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1 (©) Issue a Certificate of Compliance to the Sanggunian as proof that
2 CLUP is compliant with national land use policies, guidelines and
3 standards;
4 (d) Submit the LDC the draft CLUP for its transmission to the Sanggunian
5 and for the LDC to use it as basis for consistency of and
6 complementation with other development plans;
7 (e) Decide and resolve policy conflicts on land use planning,
8 classification, and allocation that may arise between or among
9 barangays and facilitate the resolution of any unresolved land use
10 conflict, including boundary conflicts, involving barangays;
Ty (£) Based on the CLUP, review and endorse for approval/disapproval
12 applications for locational clearances, building and zoning permits
13 and/or other planning-related requirement for any project, both
14 private and public, that is submitted to the LGU for issuance;
15 (g) Advise the Sangguniang Bayan on all matters pertaining to land use
16 and physical planning; and
7 (h) Promote cooperation and sharing of resources between and among its
18 barangays and neighboring LGUs to address common land use and
19 development issues including those related to geo-physical hazards,
20 watershed and river basins, costal and marine waters, climate change
21 impact and disaster risks.
22 SEC. 65. Composition of the C/MLUPMB. - The C/MLUPMB shall be
23 composed of the following thirteen (13) members and shall be headed by a Chairperson:
24 (a) The City/Municipal Planning and Development Coordinator
25 (C/MPDC);
26 (b) The Chairperson, Sangguniang Bayan Committee on Environment
27 and Natural Resources;
28 (c) The President of the Association of Barangay Captains (ABC);
29 (d) The Municipal Agrarian Reform Officer (MARO):
30 (e)The LGU Environment and Natural Resources Officer
31 (City /Municipal ENRO);
32 (f) The Municipal Agriculture Officer (MAO);
33 (g) Three (3) representatives from the local business/private sector, the
34 developers’ associations, and the accredited associations of
35 professionals dealing with land use such as, but not limited to, urban
36 and regional planners, environmental planners, architects, geologist
37 and geodetic engineers, and chamber of commerce, who shall be
38 appointed from among the accredited organizations within their
39 respective development councils;
40 (h) Four (4) representatives from the basic sector groups (urban poor,
1 fisherfolk, farmers and indigenous peoples): Provided, That at least two
42 (2) representatives shall be women: Provided, further, That the
43 representatives shall be appointed from among the accredited
44 organizations within their development councils: Provided, finally, That

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in predominantly Muslim areas, one shall be from the Moro sector;
and

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

Aside from the C/MPDO/C, the C/MLUPMB may call upon other local and
national government officers and agencies such as the local Engineer, Assessor, and
local field representatives of the DA, the DPWH, the DOTr, the DOT, the DENR, the
DAR, the DepEd and other concerned national agencies to assist the C/MLUPMB in
the performance of its roles and mandates.

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

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

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

SEC. 66. Approval and Review of PPEP and CLUPs. - The PPFP and CLUPs of
the respective city/municipal LGUs, including highly urbanized cities and
independent component cities shall be submitted by the local use boards to the LDCs
for transmission to the local Sanggunian for approval.

SEC. 67. Approval of RPFP and NPFP. - The RPFP and NPFP shall be submitted
for review and approval of the RLUPC and NLUPC, respectively, upon the conduct
of appropriate stakeholder and agency consultations: Provided, That such process and
guidelines shall be prepared and issued by the NLUPC within six (6) months from the
effectivity of this Act.

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CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC. 68. National Mapping and Spatial Data Infrastructure Program
(NMSDIP). - A national mapping program shall be implemented, coordinated and
monitored by the Interagency Technical Committee (ITC) which is hereby created. It
shall be composed of the NAMRIA as the lead agency, the BSWM, the Forest
Management Bureau (FMB), the LMB, the Land Registration Authority (LRA), the
Protected Areas and Wildlife Bureau (PAWB), the MGB, the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), the DAR, the DA, the NCIP, the National
Water Resources Board (NWRB), the DOE, the National Disaster Risk Reduction and
Management Council (NDRRMC), the NEDA, and other concerned government
agencies. The ITC shall be constituted, and the mapping and spatial data
infrastructure program shall be initiated within thirty (30) days from the effectivity of
this Act. The program shall be responsible for the production of base and decision maps
and associated spatial database for all planning levels based on the guidelines of the
NLUPC.

Under the program, all government stakeholders concerned in the production
of maps of various themes shall collaboratively formulate the government's spatial
data infrastructure master plan and respective government agency/stakeholders’
spatial data infrastructure plans which shall be basis for subsequent funding and
eventual project implementation and/or operation.

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

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

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

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

SEC. 69. Maps for Planning. - Within one (1) year after the NLUPC’s approval

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of the Guidelines and Standards for planning at all levels, available NAMRIA maps
and all maps made available to NAMRIA by supporting agencies shall be submitted
to the NLUPC for national, provincial, cities and municipalities planning. The
NLUPC shall forward these maps to the respective PLUPMBs and C/MLUPMBs
after it has reviewed and approved them. Pertinent maps to be produced through
the NMSDIP shall include, among others:

a.

b.

c

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&
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i.

k.
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Topographic Maps;
Geologic Maps;
Hydrologic Maps;
Climate Maps;
Soils Maps;
Slope Maps;
Mineral Resource Maps;
Existing Land Use Maps;
Land Suitability Maps for:
1) Settlements;
2) Agriculture;
3) Industrial areas; and
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; and
6) Irrigation Systems Maps.
Land Classification Maps;
Municipal Waters Delineation Maps and MPAs;

m. Geo-Hazard Maps:

n.
°.
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1) Flood-Prone Areas;
2) Hazard Zonation Maps for Volcanoes;
3) Map of Fault Systems;
4) Tsunami-Prone Areas; and
5) Erosion Prone Areas;
Tourism Maps;
Transportation Maps;
Traffic Flow;
Maps Designating Areas Served by:
1) Power;
2) Telecommunications; and
3) 3) Water.

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1. Maps indicating the following facilities:
1) Health;
2) Education; and
3) Power.
s. Domestic Water Supply;
Industrial Areas;
. Population Distribution Maps;
. Ancestral Domain Map;
. NIPAS Areas;
. Areas Suitable for Urban Expansion;
. Watershed Areas; and
. Forest Lands:
1) Protection Areas;
2) Production Areas; and
3) Restoration Areas;
aa. Key Biodiversity Areas; and
bb. Marine Protected Areas

nS x ese

SEC. 70. Ground Delineation of the Country’s Permanent Forest Line. -
Pursuant to the Constitution and as provided under this Act, the final destination
and ground delineation of the country’s permanent forest line shall be completed
within one (1) year from the effectivity of this Act: Provided, That appropriations for
the fulfillment of this provision shall be included in the annual appropriations of the
DENR: Provided, further, That the complete report on the delineation of the country’s
permanent forest line shall be submitted to the NLUPC for appropriate integration in
the country’s strategic land use development plan and policies.

SEC. 71. Completion and Updating of Existing Cadastral Surveys. - The
completion of incomplete cadastral surveys of LGUs and the updating of existing
surveys shall be given priority consideration and allocation of resources in the
implementation of this Act. The DENR shall include in its annual appropriations the
completion and updating of all incomplete and existing cadastral surveys of all LGUs
in the country: Provided, That such surveys and maps shall be integrated into the
National Spatial Database Information and Mapping System.

In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestral
lands shall be employed to determine boundaries as provided for under Republic Act
No. 8371.

SEC. 72. Ground Delineation of Land Use. - For effective planning to take place
at the local level and for easy enforcement of the ZO of each city /municipality, land

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uses must be identifiable both on the map and on the ground. A Joint Committee
comprised of the LGU, as represented by its C/MLUPMB, and of the national
government agency concerned, to be assisted by the C/MPDC, shall identify and
delineate on the ground the land uses within their jurisdiction. The following shall
be given priority:
(a) Forest Lands:
(1) Protection; and
(2) Production.
(b) Ancestral Domains:
(©) NIPAS Areas:
(1) Strict Protection Zone; and
(2) Municipal Use Zone.
(a) Watershed Areas:
(1) Critical; and
(2) Multiple Use.
() Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD);
( Socialized Housing Sites and Settlement Expansion Areas;
(g) Extents of environmentally Constrained Areas;
(h) Easement Areas;
(@) Critical coastal Areas:
(1)Mangroves; and
(2)Sea grass

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

All maps shall be updated as new important information and data become
available or as determined by urgent need. Updating of maps shall be undertaken not
more often than every ten (10) years.

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
initiated jointly the NLUPC by the PHIVOLCS, the Philippine Atmospheric
Geophysical and Astronomical Services Administration (PAGASA), the NAMRIA,
the MGB, and the DOE, in coordination with the NDRRMC, the Regional Disaster
Risk Reduction and Management Councils, and other concerned government
agencies. The program shall include the generation of indicative geo-hazard zoning
maps that will outline areas in the Philippines which are prone to liquefaction,
landslides, flooding, lahar, ground rupturing, tsunami, river erosion, coastal erosion,
sinkhole collapse, earthquake, lava flow, pyroclastic flow, base surge, and other
natural hazards.

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

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

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

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

CHATER Ix
TRAINING, EDUCATION AND VALUES FORMATION

SEC. 76. Values Formation. - In order to develop a well-informed, responsible
and committed citizenry who value the protection, conservation and development of
the country’s limited land , and other physical resources, the State shall mandate the
inclusion of sustainable land use education or any subject related thereto in the curricula
of primary, secondary and tertiary education.

SEC. 77. Information/Education Campaign and Capacity-Building. - The
NLUPC shall undertake information/ education campaign on land use and physical
planning to be implemented by local and national government agencies. The DILG
and concerned agencies shall formulate and implement a land use management
capability- building program for national and local government officials, community
leaders, representatives of NGOs, POs, the religious sector, and the general public.

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE ONE, INCENTIVES AND AWARDS

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SEC. 78. Formulation of a System of Incentives and Awards. - The NLUPC shall
come up with a system of incentives and awards to LGUs that regularly update their
CLUPs/ZOs once every eight (8) years.

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

ARTICLE TWO. SANCTIONS AND PENALTIES

SEC. 80. Fine for Failure to Commence or Complete the Development of
Agricultural Lands With Approved Conversion Order. - For agricultural lands with
approved conversion orders, the provisions of Republic Act No. 6657 (CARL), as
amended by Republic Act No. 9700, shall apply. A landowner and/or the designated
developer or duly authorized representative who fail to commence and/or complete
the development plan defined in the conversion order shall be jointly and severally
penalized. The following fines based on the zonal value or the fair market value of the
land, whichever is higher, at the time the fine shall be imposed:
(a) Failure to commence within three (3) years from the date of the

conversion order:

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

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

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

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

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

SEC. 81. Persons Abetting Illegal Conversion. - Any person initiating, causing,
inducing or abetting illegal conversion with intent shall be punished with
imprisonment or a fine in accordance with Act. No. 3815 or Republic Act No. 3019, or
both, at the discretion of the court.

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

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

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. - Any person initiating,
causing, inducing, or abetting the reclassification to nonagricultural uses of protected
agricultural areas as defined in Section 13 hereof shall be penalized with imprisonment
of twelve (12) years or a fine of not less one hundred thousand pesos (100,000.00), or
both, at the discretion of the court. If the offender is a public official or employee,
whether elected or appointed, the penalty shall also include dismissal from service,
forfeiture of entitlements accruing to the public position, and perpetual
disqualification to run or apply for any elective of appointive public position. If the
offender is a juridical person, the penalty shall be imposed on the president, chief
executive officer, manager, chairperson and all members of the Board, and other
responsible officers thereof. The same penalty shall be applicable to persons who will
be responsible for exceeding the limits set forth under Section 20 of the Local
Government Code pertaining to reclassification of lands.

SEC. 83. Payment of Disturbance Compensation. - Following the order of
priority stated in Section 22 of Republic Act. No. 6657, as amended_ by Republic Act
No. 9700, agricultural lessees and share tenants, regular farmworkers, seasonal
farmworkers, other farmworkers, actual tillers or occupants of public lands, collective,
or cooperative of the above beneficiaries, and others directly working on the land
affected by agricultural land use conversion, shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the gross harvests
on the landholding during the preceding five (6) calendar years or a certain percentage
of the converted land, whichever is higher, as determined by the DAR.

SEC. 84. Authority to Impose Fine. - The DAR shall have the authority toimpose
the fines provided under Section 80, 81, 82 and 83 of this Act.

SEC. 85. Withdraw of Local Development Permits and/or Licenses. - Upon
receipt of notice from the DAR, the concerned agencies, cities or municipalities shall
withdraw and/or revoke any development permit and/or other licenses that may be
necessary to develop the agricultural land subject of conversion.

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

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SEC. 87. Failure of 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 changes 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:
(a) Failure of the CLUPs/Zos to confirm to the guidelines provided in the
NPEP;
(b) Failure to complete the preparation of the CLUP despite the availability
of funds, resources, and support by the Sanggunian concerned;
(©) Failure to provide appropriate budgetary allocation to effect its
implementation; and
(d) Failure to implement and enforce the CLUP/ZO due to negligence of
duty.

Any public official of employee, whether elected, appointed of holding
office/employment in a casual, temporary, holdover, permanent, or regular
capacity, found to be responsible for any foregoing acts, shall be punished with
forfeiture or salaries and allowances, and suspension from:
(1) Three (3) to six (6) months, in case of noncompletion of the CLUP;
or
(2) Three (3) to six (6) months, in case of nonconformity with the NPEP;
or
(3) Six (6) to nine (9) months, in case of non-implementation of the
CLUP.

Failure to comply with the provisions of Republic Act No. 8371 on the
formulation of CLUP shall be penalized according to Section 72 of Republic Act No.
8371.

SEC. 88. Illegal Conversion of City or Municipal Parks, Communal Forest, and
Tree Parks in Subdivisions. - Penalties in the amount of one hundred thousand pesos
(P 100,000.00) to five hundred thousand pesos (P 500,000.00), or imprisonment of six (6)
years and one (1) day to twelve (12) years, or both, at the discretion of the court, shall
be imposed for each of the following offenses:

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

() Destroying or causing damage to timberlands 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

(d) Assisting, aiding or abetting another person to commit the offenses

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stated in this section.

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

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

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

It not suitable for use by the DENR, said improvements, vehicles, domestic
animals and equipment shall be sold at public auction, the proceeds from which shall
accrue to the Forest Conservation and Development Fund (FCDF).

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

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

For this purpose, the Congress may call upon the NULPC to undertake the
necessary researches and consultation.

SEC. 90. Convening of the NLUPC. - Within thirty (30) days from the effectivity
of this Act, the Chairperson shall convene the NLUPC and the Head of the NLUPC
Secretariat shall immediately assume office.

SEC. 91. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the NLUPC shall promulgate its implementing rules and
regulations (IRR) including the rules on the selection of the members of the
C/MLUPMB and the PLUPMB. It shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least 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 5a, 5b, 5c, 5d, 5e, and 5f of the
Executive Order No. 648, Series of 1991; and Executive Order No. 72, Series of 1993,
shall be immediately transferred to the NLUPC and its appropriate subnational LGU
structures, except as provided in Section 55 hereof. Nothing in this Act shall be

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construed to transfer or limit functions embraced within the said provisions that
pertain to or 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, reconcile, and
harmonize the same with 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, transaction, 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 initial implementation of
this Act shall be charged against the current year’s appropriations of the NEDA Board
- National Land Use Committee (NBNLUC). Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual
General Appropriations Act.

SEC. 96. Congressional Oversight Committee on Land Use Act. - A
Congressional Oversight Committee on the Land Use Act shall be created. It shall be
composed of seven (7) members from the Senate and seven (7) members from the House
of Representatives. The Members from the Senate shall be appointed by the Senate
President based on proportional representation of the parties or coalitions therein, with
at least two (2) Senators representing the minority. The members from the House of
Representatives shall be appointed by the Speaker of the House of Representatives,
also based on proportional representation of the parties or coalitions therein, with at
least two (2) Members representing the minority.

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

SEC. 97. Non-impairment Clause. - Nothing in this Act shall be construed as to
diminish or, impair rights recognized, granted, or available to marginalized or the
basic sectors under existing laws including, but not limited to, Republic Acts
Numbered 7279 and 6657, as amended by Republic Acts Numbered 7942, 8371, 8550
and 9700.

SEC. 98. Repealing Clause. - Section 10 of Republic Act No. 8435 and Sections
447 (a2vii) and 458 (a2viii) of Republic Act No. 7160 and related laws and administrative
issuances are hereby modified by Section 13 thereof. The pertinent provisions of
Executive Order No. 648; Executive Order No. 72 Series of 1993; and Executive Order
No. 770, Series of 2008, amending Letter of Instruction (LOI) No. 1350, are also
modified accordingly, Section 11 of Republic Act No. 8435 as to penalty for
agricultural inactivity and premature conversion is also modified by Section 83 hereof.

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LOI No. 1350, Series of 1983; Presidential Proclamation No. 2282, Series of 1983; and all
other general and special laws, acts, decrees executive orders, proclamations and
administrative regulations, or any part thereof which are inconsistent with this Act are
hereby repealed or modified accordingly. All republic acts, executive orders, rules
and regulations, and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

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

SEC. 100. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) national newspaper of general

circulation.

Approved

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