Republic of the Philippines
HOUSE OF REPRESENTA’
Quezon City, Metro Manila

18% Congress
| First Regular Session

House Bill No. 564

Introduced by HON. RODRIGO A. ABELLANOSA

EXPLANATO \¢¥ NOTE

‘This bill seeks to provide a comprehensive set of guidelines pertaining to the use
of land in accordance with and outside of the current numerous existing laws
relative thereto. This is cause for concer as the nation’s population rapidly grows.
while available land remains scarce.

Compound this proverbial problem of allocation of limited resources to a growing
populace with the issue of climate change and the government faces a larger
struggle. This bill aims to systematically enable a more timely and rational
approach to preventing, and if it becomes necessary, resolving future conflicts on
land use concerns,

More particularly, this bill provides for, (1) a framework for designing the
Comprehensive Land Use ond "hysical framework Plans for LGUs; (2) the
creation of the National Land Use Policy Council along with various regional and
local land use policy bodies; (3) the implementation of a national mapping and
spatial data infrastructure program; (4) undertaking a nationwide information
campaign on land use and physical planning; (5) the formulation of a system of
incentives; and (6) a penal clause for non-compliance with the provisions of the
bill.

In view of the urgency of the nced for this National Land Use and Management
Policy, passage of this Bill is earnestly sought.

RODRIGO A. jOSA


x ¢, PROVIDING a
a OPRIATING FUNDS THEREFOR
at by Senate and House of Representatives of the

Sapacity of the local government units (LGUs) to manage

balance within their territorial jurisdiction, in
‘with the national government, in accordance with


eupPine Constitution and Republic Act No. 7160 or th
fore Sect or the Local

Fight of the
IPs) to their

shall apply to all lands and all resources
private, government-owned, and/or in the
juridical, and shall guide the
Utilization, development, and
water resources including such



area/Zane ~-fers to a band of dryland and the
Water and submerged land) in which terrestrial
oceanic processes and uses, and vice versa.

areas within a landward limit of one (1)

employ;
Fesources. It is a plan for management of the local territory
me ‘ofa minimum of ten (10) years, reviewable not earlier the,

Years based on the four (4) categories of land use planning
this Act;



istics of the
economic, demographic,
objectives as an aid to decision-making and

and continually
IPs consistent with


sx\d proper, public health and
ivity of lowland agricultural

‘surface or subsurface substances
iti mineral fuel deposits
traditionally jeposit

and other simiiar resov--es which setve the

sufficient quantity and/or

© for exploration, development, production,

qritieal areas refer to areas declared by law
reserves, wildlife preserves, and
rt and visual value; (3) areas that

, loods,

areas of aquifers; (9) mangrove

virgin forests; (12) rivers and
marshlands; (14) foreshore lands; (15)
‘Act No. 7586 or the NIPAS Act of 1992:
tourist spots. This term shall
marine areas that need special
ites because they are ecologically fragile or
‘and food self-sufficiency as determined by
im consultation with the concerned

@ situation where the
Sufficient quantity or
or Utilization;

Food security refers to the policy objective of meeting the
for food availability, accessibility, and affordability of the present



fed salfeuffciency reters to the policy objective of meeting

through imtensive local food’ production in =
‘production advantages; existing and potential resources

soll Foreshore land refers to a string of land margining a body of

Pe cen seashore between the low-water line usually at che
‘of a low-tide terrace and the upper lim: sit of wave wash at.

bya beach scarp or berm, ae

ds refer to one of the four (4) classifications of land
. the public dutae ene

Use Pian (FLUP}refers to the allocation of forest lands

uses consistent with existing biophysical conditions

and political realities. Fores? land use planning
Protection and production fo.ests;

“<ion refers to the process of determining

Sustainable use of forest lands primarily as

= forest. They may be further subclassified as

onal areas, and other uses taking into account

considerations;

d Consent (FPIC) refers to the consensus of
‘be determined in accordance with their
and practices. free from any external
Hvity, in a language and process understandable

hazards refer to nature- cud hume\)-induced geological
ha have poten to cause destruction and which pose a threat or
roperty. Ty:se may includ



ws on account of the populations

hich inhabit d he country at the time of cunaizest or colonizative:

ons and cultures,
Poundaries, who retain some or all of their own social,
al, and politica! i.:stitutions, but who may have been
‘taditional domains, or who may have resettled outside

2 resources, both artificial and natural, found on the
‘the ground including inland waters and the air

‘ing and
h as forest lands, classified
Jands, and national parks in accordance with

fers to the manner of allocation, utilization, and

act of delineating or
Use, production land use, settlements
as defined and provided for in



management
by specific rules or guidelines in order to

red areas governed:
‘Manage activities within

use of land resource: refer to the utilization or
for any land, which allows any activity, involving one or

evaluation on its

Use Policy Council (NLUPC) refers to the
and regulatozy ‘ody created under this Act;

NIPAS, pursuant to Republic Act No. 7586, or
: for the conservation of native
and cultural diversity;

(yy) Network of Protected Areas for Agriculture and Agro-Industrial



m, preservation, and management as forests and shall
r d in perpetuity for such purpose;

national policy
management to prevent or

Projects; all alluvial plain
tu or not that have been
needs for food self-sufficiency and security;

or lands presently planted and suitable to
7 ‘crops; highlands, or areas located at an elevation of
{500) meters or above and have the potential for growing
and high value crops ouside of declared
forests, and are jot iocated ec
‘critical areas;
Production forest refers to forestland located in production lands
Amarily for the production of timber and other tree products;



r te larais belonging to the State which may be
or timber, mineral, or national park as

and homeless, as
or the Urban Development and Housing

refers to returning forestland to its original
of species composition, structure, function and
fran) Restoration zones refer to forest areas where activities are
{c00) River basin refers to the horizontal projection of area from which
nd its tributaries receive surface water originating from precipitation,
2 ts refer to communities or built-up environment areas

= prefer to live in:



resource rights refer to the rights of
Protect and conserve: (1) land, air,



Tourism ecozone refers to tourism development areas, outsi
which have been granted Special Economic Zone are
Export Zone Authority (PEZA) registration and
ial Proclamation, with its metes and bounds
to Republic Ac* No. 7916 or the

master plan, by

and/or by local
integrated tourism
carrying capacities and limits for its

pent relers to a particular areas /site/spot, human-made
for its unique tourist/visitor-drawine attributes and

riation of water for domestic,
inland i

» poultry and
, and recreational use;



ordinance (20) refers to 2 local law

or Passed by the

the



‘covered by the NIPAS Act of 1992 and
areas; areas outside NIPAS, which

wiad ‘Sasement areas as defined under Presidential Decree No.
1067, otherwise known as the Water Code of the Philippines; and


saused by climatic conditions; and
shat pose a high degree of hazard to human


Ail alluvial plain lands that are suitable for icultural
mtr ne : agricul

srure Land Use refers to the use of land dedicated to the
of services that foster economic and other forms of
ing oF obtaicing the material



sir 20 ADSDPPs, the LGUs and the ICCs/IPs shall
‘use plan within the ancestral

assessment
and shall submit an assessment report to the
days from the establishment f the latter.





the land se plan, and shall be zoned as such in tne mning ents 7
a ‘he LGU and the ICC/IP by Aecam a pd

Regardless of siz and/or ares with rocky terrain or
use;

roe for communal



‘se poynuapt jou ame
‘ndop pos ‘dG pos



— woe
+? to recreational or tourism purposes; jancineigs sade’
‘esultin exvironmental degradlation and displacement of seal]

at considered as traditional fishing grounds shall be used

tourism
to different uses shall be done without the

‘existing upplications and expired Foreshore
comspicuous places in the affected

on with local Fisheries and Aquatic icesource
@ pursuant to Republic Act No oe te Philippine

(Coastal Areas. - ‘The LGUs, in coordination with the

be incorporated in the CLUP. Manageent
abe reflected in the CLP and subsequent ZO,



kos cap sae es SNOT On pee SONNE OM “YC oeR "aN
Gt OdNIN ayy,
Surpnpur



be idtated in residential

zones that are integrated in
by the NLUPC, pursuant to
be given to lands proximate to
include inter alia railways and

‘one (1) year from the effectivity of this Act
these sites and their respective areas to the
used exclusively for socialized housing as



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*d sites are not within
within the priority sites and
AY ctiteria as defined in Sections 6.3 and 6.4 of the
» Series of 1992, or as may be

shall

be zoned as

‘or Green Space. ~ Each city or highly urbanizing
iy and allocate lands i

shall conform to the

1995 as amended by

Act No. 6657 or the Comprehensive Agrarian

ss amended by Republic Act No. 9700 eo: the
Reform Program Extension with

7279 or the UDHA,

Fisheries Code as amended by





icture found in

and implementation of infrastructure

"with existing environmental conditions and
or and cultural character of the
Pursuant to existing laws and

+t of all infrastructure projects

ion or displacement of people in the area.



recommendations See cre Prelects,
Decree No. 1586 [5 3a ity study/EIA in
Properties ) and Republic Act
Preservation and Protection Act.
without the required EIA an
oF to the integrity of historic,
immediately. or i or impinge on critical
* oe Sadually phased-our and
rules on mandat
B Just and humane eviction or demolition’ shan
termination,

gradual phase-out, or relocation of
© dislocation or displacement of people in



and goals set by

it shall also formulate and issue
standards through which all
fesources shall be reviewed,

framework shalll be the basis for the
of national and local
‘activities of government at all



Use Planning and Managem
Shall ensure that the PPFD is

actual boundeiits on the ground within the

‘and regional physical planning
d ‘Under the of the respective
the _ City/Municipal Piauning and Development

{C/MPDO/C) shall Provide technical, secretariat and



0 Preparation, consultation, integration and
She respective CLUPs of =ach city or municipality.

be submitted to the city/municipal local development

edoption and approval cf the jag Bayan (SB).

into

fm} The Secretary of the DSHUD
(5) The Chairperson of the NCIP:

) istrator of the NAMRIA;
(©) The President of the League of Cities of the Philippines (LCP};


velopers’ associations, the

; als dealing with land use such as,
Planners, environmental planners,

5 the business or private

and

by the RLUPC, local

and that the RPFP, the
NPFP



tionalized,
ire and compositien. It shall be chaired by the
‘shall exercise the following functions:

Policy conflicts on land use p ;
that may arise be!ween or among regional ling

and monitor the land use activities of regional line

Sonsistency of major programs and projects of regional
with the RPFP and their impact on land use and the


Provincial planning guidelines and/or
as Preparation and formulation of the respective

and assess the implementation and
ed CLUP and its i with physical

objectives and goals identified in the

Period f time or upon instruction and advice
& progress review of the PPEP and the
and goals and



s, but not limited to urban and

architects, gvologists, geodetic engincers,
who sball be appointed from among the
lin their respective development councils;
trom the basic sector groups (urban poor,
Provided, That at least two (2)
further, That in predominantly
the Moro sector; and

4 Chairperson to be chosen among the

bers, the members of the PLUPMB shall be

3} years, subject however to the elected office
and/or official designation of the LGU,
‘business/private sector association or basic
the Board. The NLUPC, within ninety (90) days
the rules for the selection of the

cial and



Responsibilities of the City/ Municipal Land Us
Board - The C/MLUPMB shall exercise the

of the input of the baringays within the
fy on sectoral, temporal and
its consistency with approved national,



rs, the members of the C/MLUPMB shalll be
‘Years, subject however to the elected office
and/or official designation of the LGU,

Private sector association or basic

‘Board. The NLUPC, within nit (90) days
formulate the rules for the selection of the
of the C/MLUPMB. The City/Municipal
(C/MPDO/C) shall provide

Support and resources for the



and Review of PEP and CLUPs. - The PPFP and
sity/municipal LGUs, including highly urbanized
a n cities shall be submitted by the local land

ran on to the local Sanggunian for approval,

and agency consultations:
‘shall be prepared and issued by
from the effectivity of this Act,

CHAPTER vill

MANAGEMENT FOR LAND USE PLANNING

Registration
Bureau (PAWB), the MGB,
gy and Seismology {PHIVOLCS), the DAR,



bs for Planning. - Within one (1) year after the NLUPC's
nd Standards for planning at all levels, available
NAMRIA by supporting

ne ‘he NLUPC for national, provincial, cities and

The NLUPC shall forward these maps to the

after it has reviewed and approved

through the NMSDIP shall include,



; That the complete
Permanent forest line shall be

riate integration in the strategi
‘policies. ‘country’s ic

both on the map and on the
of the LGU, as represented by its
Severnment agency concerned, to be


both on the map and
such as coral reefs, shall

as new important information and data
seed. Updating of maps shall be
years.

- Within thirty (30)
geo-hazard

ices

in

Regional Disaster Risk Reduction and
eencerned government agencies. The
indicative geo-hazard zoning maps
which are prone to liquefaction,

» Pytoclastic flow, base



ctivities including real estate
ent of tourist spots requiring and
Geological and Gec-hazard Assessment

: Program for national
'y leaders, representatives of NGOs,
Public.
CHAPTER X
AND PENALTIES
AND AWARDS

@ System of incentives: and Awards. - The
3 ‘of incentives and awards to LGUs that
Gace every eight (8) years.



Person, the penalty of imprisonment shall
executive officer, manager, chairperson
responsible officers thereof. The

to the zonal value of the land or forty

equity, whichever is higher. Furthermore,
i in favor of the State and sold through public
he sale shall automatically accrue to the Agrarian

=
‘court.

If the offender is a public official or employee, whether elected or
, the penalty shall also include dismissal from service, forfeiture of

. d ‘accruing to the public position, and perpetual
apply for any elective or appointive public office.



years or a certain
is higher, as determined by the

to Impose Fine. ~The DAR shall have the authority
ided under sections £0, $1, 82, and 83 of this Act.

r Implement and/or Enforce the CLUPs and

Consistent with due process, the NLUPC, in

review, and recommend the filing

‘shief executives and other local officials and

the formulation, implementation and/or
‘the following acts:

20's to conform to the guidelines provided in

camplete the preparation of the CLUP despite the
ids, resoure ‘and support by the Sanggunian concerned;

appropriate budgetary allocation to effect its

nt ‘and enforce the CLUP/ZO due to negligence of



ith the provisions of Republic Act No. 8371 on the
be penalized to Section 72 of
Subdivisions. - Penalties in the amount of one
(P100,000.00) to five hundred thousand pesos

n of six (6) years and one (1) day to twelve (12)
of the court, shall be imposed for each of the

causing the conversion of a city/municipal
hc’ within subdivisions established
requiring the planting of trees in
including the construction of permanent

‘or abetting another person to commit the offenses

‘likewise be imposed a fine equivalent to it (8)
the forest products d - hac

the commission of the offense

af use by the DENR, said improvements, vehicles,
pment shall be sold at public auction, the proceeds
Forest Conservation and Development Fund

CHAPTER X1
TRANSITORY AND FINAL PROVISIONS

y Review Every Ten (10) Years. ~The Congress shall
review of this Act at least


Rules and Regulations —Within ninety (90) days
Act, the NLUPC shall promulgate its implementing
including the rules on the selection of the
band the PLUPMB. It shall take effect fifteen (15)

in the Official Gazette or in at least two (2)

te of Powers and Functions. - The functions of the
ning as provided for under Sections 5a, 5b, Sc, 5d,
Order No. 648, Series of 1991; and Executive Order
iately transferred to the NLUPC and its

except as provided in Section 55

construed to transfer or limit functions

Provisions that periain to or relate te DSHUD

as well as to data used as
be made available to the

~The amount needed for the initial
ct be charged against the current year's
sBeard-National Land Use Committee (NB-NLUC).
necessary for the implementation of this Act

‘General Appropriations Act.

vepresentation of the parties or
Memicr= representing the minority.

function for a period of not more than
«ation of this Act. The secretariat of the



|Glause. - Section 10 of Republic Act No. 8435 and
58 (a2viii) of Republic ae we

¢ Act No. 7160 and related laws

Glawse. - if, for any reason, any section or
or invalid, the other sections
‘shall remain in full force and effect.
et shall take effect fifteen (15) days after
‘or in at least two (2) national newspapers