SIXTEENTH CONGRESS, )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION. 3}

HOUSE OF REPRESENTATIVES, 4

Introduced by Representative Rufus B. Rodriguez and,
Representative Maximo B. Rodriguez, Jr.

House BillNo,_ 1221
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 722 by the undersigned Rufus B.
Rodriguez during the 15” Congress where it was approved by the Committee on Land Use
and substituted by House Bill No. 6545. It approved on 2™ reading, approved on 3° reading
and was transmitted to the Senate where it was not acted upon.

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

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

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

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

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



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

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

3.) Settlements Development which shall refer to any improvement on
existing settlements in urban and rural areas or any proposed development of
certain areas for settlement purposes involving the spatial distribution of
population, identification of the roles and functions of key urban centers,
determination of relationships among settlement areas, and the provision of
basic services and facilities to such settlement; and

4.) Infrastructure Development which seeks to provide basic services and
foster economic and other forms of integration necessary for producing or
obtaining the material requirements of Filipinos, in an efficient, responsive,
safe and ecologically friendly built environment. It covers these sub-sectors’
transportation, communications, indigenous energy exploration and
development, water resources, and social infrastructure

To ensure compliance with the national land use policy, incentives and awards shall
be given to local government units that regularly update their comprehensive land use plan

while fines and sanctions shall be imposed for violating certain provisions of this proposed
measure.

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

<

. ROI Wee

MAXIMO’B. RODRI i JR.



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES. )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

9
House Bill No, _1221
AN ACT
INSTITUTING A NATIONAL LAND USE AND MANAGEMENT POLICY,
PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR AND FOR
OTHER PURPOSES

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

CHAPTER!

INTRODUCTORY PROVISIONS
SECTION 4, Title - This Act shall be known and cited as the “National Land
Use and 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;
(0)Treat groups of islands, including parts of islands, interconnecting waters and
other natural features which are so closely interrelated, as forming an intrinsic
geographical, economic and political entity, or which historically have been
regarded as such entity; and
(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 of prime agricultural lands for food security, with emphasis on self-
sufficiency through efficient and sustainable use of land resources consistent with

3



the principles of sound agricultural development, natural resources development and
agrarian reform;

(5) Protection and conservation of the country's natural heritage, permanent
forestlands, 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 its supply through direct
allocation, better access to unutilized lands and multiple-use and higher densities,
where appropriate;

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

(10) Equitable access to land through State intervention that guarantees its
affordability to the basic sectors;

(11) Energy security or energy self-sufficiency; and

(12) 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(s),
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

(a) Agricultural land refers to 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 by law as mineral land,
forest land, 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 nonagricultural purposes with an approved order of
conversion issued exclusively by the Department of Agrarian Reform (DAR).

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

(d) Ancestral domains refer to all areas generally belonging to ICCs/IPs as
defined in Republic Act No. 8371, otherwise known as the “Indigenous Peoples
Rights Act (IPRA) of 1997"

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


(9 Coastal area/zone refers to a band of cry land and the adjacent ocean space
{water and submerged land) in which terrestrial processes and uses directly affect
Seeanic processes and uses, and vice versa, Its geographic extent may include
cress within a landward limit of one (1) Kilometer from the shoreline at high tide to
Frelude mangrove swamps, brackish water ponds, ipa. swamps, estuarine rivers,
sandy beaches and other areas within @ seaward limit of two hundred (200) meters
woah to include coral reefs, algal flats, seagrass beds and other soft-bottom areas.

(@) 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
erritorial jurisdiction of the LGUs. It represents the community-desired pattern of
population distribution and proposes future ‘allocation of land and resources to
porous activities, It includes the processes and criteria employed in such
varunination of allocation of land and resources. It is @ plan for the long-term
management of the local territory covering a period of thirty (30) years based on the
four (a) categories of land use planning provided in Section 6 of this Act.

(hy Comprehensive land use planning refers 1 the act of defining the allocation,
(M\ization, development and management of all lands within a given territory or
jurisdiction according to the inherent Characteristics of the land itself and supportive
sustainable, economic, demographic, socio-cultural and environmental objectives
as an aid to decision-making and legislation.

() Critical watershed refers to watersheds or forestlands that have been
(Jentiied and evaluated to provide critical and vital natural, ecological, environmental
and physical beneficial services such as water, biodiversity, energy, irrigation, social
and cultural, among others to a specific area or community and whose existing
biophysical condition demands immediate rehabilitation, protection and management
to prevent its further denudation, deterioration and exploitation.

(Cultural heritage refers to the totality of cultural properties whether natural or
man-made, preserved and developed through time, and passed on for posterity.

{k)_ Customary laws refer to a body of ‘written and/or unwritten rules, usages,
(toms and practices traditionally and continually recognized, accepted and
Sbserved by respective ICCs/IPs consistent with the IPRA.

(i) Danger zones refer to areas with high level of threat to the lives and well-
being of the people that cannot be addressed through scientific, physical and
engineering methods, and are not suitable for settlement and permanent structures.
gross can only be declared as danger zones afte? conducting proper technical
Studies and public consultations with the affected families

(m) Development plan refers to a document that defines the activities and
imasures 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
iJentified in the national or local physical framework plans, It integrates
Socioeconomic, financial, fiscal, legal and legislative, institutional and sectoral plans
of the national government or any of its instrumentality or a particular LGU,
Consistent with the objectives identified in spatial plans such as land use plans or
physical framework plans. It may include ar ‘analysis of problems and resources,
ofinition of goals and objectives, policy guidelines, project and target achievements,
ghd an implementation mechanism which defines the roles and contributions
expected from the government and the private sector



(n) _ Disaster-prone areas or geo-hazard areas refer to areas frequented by and/or
(Mnerable to experience weather, climatic, hydrologic, geologic and other natural
disturbances or calamities.

{o) Disaster risk reduction refers to the concept and practice of reducing disaster
teks through systematic efforts to analyze and manage the causal factors of
Gisasters, including reduced exposure to hazards, lessened vulnerability of people
Gna. property, wise management of land and the environment, and improved
preparedness for adverse events.

(9) Ecologically-fragile lands refer to lands within critical watersheds, brackish
4 freshwater wetlands, pasture lands, inland rivers ‘and waterways, coastal and
aattlement areas, and croplands which require rehabilitation. protection and whose
sentinued 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
prtand agricultural areas and stabilty of the upland system

(q@) Ecotourism refers to a form of sustainable tourism within a natural and/or
(G) ssral heritage area where community participation, protection and management of
fatural resources, culture and indigenous knowledge and practices, environmental
taucation and ethics, as well as economic benefits are fostered and pursued for the
enrichment of host community and satisfaction of visitors

(Energy resource lands refer to lands where naturally occurring or indigenous
energy resources exist in sufficient quantity and/or quality as to be economically
Siable for exploration, development, production, utlization and distribution purposes.
(s) Energy resources refer to surface or Subsurface substances that serve as
energy sources, These are traditionally ‘mineral fuel deposits such as coal,
petroleum, natural gas or renewable resources from geothermal, hydro reservoirs, or
peneonventional sources including ocean waves, solar, wind, biomass and other
similar resources which serve the same purpose:

() Environmentally critical areas refer to areas declared by law as: (1) areas for
natural parks, watershed reserves, wildlife presenve® and sanctuaries; (2) areas set
Qeide 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) areas of unique historic, archaeological or scientific interests; (6) areas
teat are traditionally occupied by ICCs/IPs; (6) areas wit? critical slopes; (7) areas
frequented and/or hard hit by natural calamities such as, but not limited to, geologic
Hedards. floods, typhoons and volcanic activities; (8) recharge areas of aquifers; (9)
mangrove areas; (10) coral reefs; (11) mossy anc \tig forests; (12) rivers and
ia Danks; (13) swamp forests and marshlands, and (14) foreshore lands.

(u) Exhausted mineral resources refer to a situation where the mineral resources
in specific sites are no longer in sufficient quantity or quality to justify additional
expenditure for extraction or utlization.

(v) Flood plain refers to the portion of @ tet valley adjacent to a river channel
(ich is covered with water when the river overflows its banks at flood stages and
Which usually consists of silt deposited by the stream

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

(%) Food security refers to the policy objective ‘of meeting the food availability,
© essibilty and affordability requirements of the present and future generations of
Filipinos in a sustainable manner, through local production or importation in cases of

6


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

(y) 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.
(z) _ 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.

(aa) Forestlands refer to lands of the public domain which have been inventoried,
assessed and classified as public forest, permanent forest or forest reserves and
forest reservations

(bb) Forest Land Use Plan (FLUP) refers to the allocation of forestlands 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.

(cc) Forest Land Subclassification refers to the process of determining the most
appropriate and sustainable use of forestlands such as protection forest, production
forest, national parks, recreation areas, grazing/pasture and other uses taking into
account ecological, social and economic considerations,

(dd) Foreshore land refers to a string of land margining a body of water, the part of
a seashore between the low-water line usually at the seaward margin of a low tide
terrace and the upper limit of wave wash at high tide often marked by a beach scarp
or berm.

(ee) Free, Prior and Informed Consent (FPIC) means 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.

(ff) Geo-hazards refer to nature and human-induced geological processes that
have potential to cause destruction and pose a threat or risk to a person's life and
property. These may include, but are not limited to, ground, water and weather-
elated conditions, volcanic and earthquake-induced hazards such as ground
shaking, ground rupture, earthquake-induced landslides, liquefaction and tsunami.
(gg) Indigenous Cultural Communities/indigenous Peoples (ICCs/IPs) refer to
groups of people or homogenous societies identified by self-ascription and ascription
by others, who have continuously lived as an organized community on communally
bounded and defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing common
bonds of language, customs, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads of colonization,
nonindigenous religions and cultures, became historically differentiated from the
majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as
indigenous on account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads of
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 been displaced from their traditional domains
or who may have resettled outside their ancestral domains.

(hh) Inland waters refer to waters, which are not coastal and marine waters, and
not subject to acquisitive prescription consistent with the provisions of Presidential
Decree No. 1067 or the Water Code of the Philippines

(ii) Integrated watershed management refers to a planning strategy or program
for watershed areas that complement. environmentally-sound soil and water
management practices with mechanisms for ensuring greater responsibility,
involvement or participation of individuals, groups, communities and other
stakeholders benefiting from these areas and _water-related infrastructure

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

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

(I) Land subclassification refers to the act of determining and assigning specific
uses of classified lands of the public domain, such as forest or timber lands,
alienable or disposable agricultural lands, national parks and mineral lands in
accordance with existing laws and this Act.

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

(nn) 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.

(00) Land Use Policy Council (LUPC) refers to the administrative, policy-making
and regulatory body created under this Act

(pp) Mandatory public hearings/consultations refer to the mechanism to ensure the
involvement of affected sectors 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 affected sectors through
publication or posting in conspicuous places, conduct of a reasonable number of
hearings, solicitation of positions to arrive at a consensus. Public presentation and
validation of the planning results shall also be undertaken before the final adoption of
the plans.

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

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

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

(tt) Multiple use of land resources refer to the 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 uses that will

8


produce the optimum benefits to the development and progress of the country and
the public welfare without impairment or with the least injury to its other resources.
(uu) Municipal waters include not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected areas
as defined under Republic Act No. 7586 or the National Integrated Protected Areas
System (NIPAS) Act of 1992, public forest, timber lands, forest reserves or fishery
reserves, but also marine waters included between two (2) lines drawn perpendicular
to the general coastline from points where the boundary lines of the municipality
touch the sea at low tide and a third line parallel with the general coastline including
offshore islands and fifteen (15) kilometers from such coastline. Where the territory
of a municipality includes several islands, the outermost points of such islands shall
be used as base points and connected by archipelagic baselines, irrespective of the
lengths of such baselines from the main coastlines. Where two (2) municipalities are
situated on opposite shores, that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from opposite shore of
the respective municipalities.

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

(ww) National 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 the approved management plan and set aside
as such exclusively to conserve the area or preserve the scenery, natural and
historic objects, wild animals and plants therein and to provide enjoyment of these
features in such areas. It shall also refer to lands and waters of the public domain
classified as such in the 1987 Constitution which include all areas under the NIPAS
pursuant to the NIPAS Act of 1992, primarily designated for the conservation of
native plants and animals and associated habitats and cultural diversity

(xx) Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD) refers to agricultural areas identified by the Department of Agriculture
(DA) through the Bureau of Soils and Water Management (BSWM), in coordination
with the National Mapping and Resource Information Authority (NAMRIA) in order to
ensure the efficient utilization of land for agriculture and agro-industrial development
and promote sustainable growth. The NPAAAD covers all irrigated areas; all
irrigable lands already covered by irrigation projects; all alluvial plains; lands highly
suitable for agriculture whether irrigated or not; agro-industrial croplands or lands
planted to industrial crops that support the validity of existing agricultural
infrastructure and agro-based enterprises; highlands or areas located at an elevation
of five hundred (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.

(yy) Permanent forests or forest reserves refer to lands of the public domain which
have been identified and determined to be needed for protection, conservation,
preservation and management as forests and shall be reserved, conserved and
protected into perpetuity for such purpose.

(zz) Permanent forestlands refer to forestlands, within public or private lands, that
have been identified, determined and demarcated on the ground by the State to

9


serve such purpose and shall be protected, conserved, preserved, maintained and
Managed as forestiands free from any form of utilization, exploitation or
evelopment, and reserved permanently as such {for the benefit and use of future
generations.

(aaa) Physical framework plans refer to the national, regional or provincial indicative
plans that outline the overall and macto-level physical development, objectives,
priorities, directions and strategies in its respective levels as prepared, reviewed,
Integrated and finalized by the national, regional and provincial land use
veweils/boards, respectively, based on the CLUPs of the LGUs and the national
policy guidelines relating to land use and environmental management to prevent oF
mitigate the adverse effects of inappropriate resource utilization on food security, the
people's welfare and their environment

{bbb) Premature or illegal conversion refers to any activity that modifies or alters the
physical characteristics of agricultural lands to render them suitable for
onagricultural purposes without an approved order of conversion from the DAR
Secretary

(cee). Prime agricultural lands refer to all contehes) irrigated areas and irrigable
(oeds already covered by irrigation projects; all alluvial plain lands highly suitable for
agriculture, whether irrigated or not, that have been identified to satisfy the country’s
heeds for food self-sufficiency and security, ‘agro-industrial croplands or lands
presently planted and suitable to industrial ‘and high value crops; highlands or areas
rested at elevation of five hundred (500) meters or above and have the potential for
growing semi-temperature and high value crops outside of declared permanent
Gtetlands and protection forests and not located in ecologically-fragile and
environmentally-critical areas.

(dad) Production forest refers to forest land located in production lands managed
primarily for the production of timber and other Wee products.

{eee) Production land use refers to the Jirect and indirect utilization of land to
generate outputs resulting from the following ‘activities: agricultural, fish farming or
aquaculture, timber or agro-forestry, grazing nd pasture, mining, indigenous energy
resource development, industry and tourism.

(fff) 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 protected against human exploitation For purposes of this Act, these shall
aonclude al natural forests and agricultural lands identified and delineated under
this Act.

(gag) Protection forests refer to forests and forestlands, in both public and private
(208) 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
raintained as such free from any form of utilization, exploitation or development
(hhh) Protection land use refers to the Use ‘of land primarily reserved for
ehabilitation, conservation and protection purposes; ‘and the promotion of the
country’s ecological and life-support systems.

(il) Public domain refers to lands belonging to the State which may be classified
as agricultural, forest or timber, mineral, oF national park as provided for in the
Constitution.

Reclassification of agricultural lands refer to the act of specifying how
agricultural lands shall be utilized for onagricultural uses such as residential,
industrial or commercial through the local planning ‘and zoning processes pursuant to
the Local Government Code of 1991 and subject to the requirements and procedure

10


for conversion. It is equivalent to land _ subclassification as defined in this Act for
Classified lands of the public domain and also includes the reversion of
nonagricultural lands to agricultural use

(kkk). 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
Feloeation of the underprivileged and homeless, as defined under Republic Act No
7279 or the “Urban Development and Housing Act (UDHA) of 1992"

(ll) Restoration refers to returning forest land to its original forested state in terms
of species’ composition, structure, function and productivity

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

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

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

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

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

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

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

(ttt) Subclassification 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. It is only one of the bases for application for land conversion by the
owners thereof.

(uuu) Sustainable development refers to the development objective of meeting the
heeds 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.

(ww) 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 organisms; (3) collecting, fishing and hunting grounds;
(a) Sacred sites, and (6) other areas of economic, ceremonial and aesthetic value in
Accordance with their indigenous knowledge, beliefs, systems and practices.

(www) Tourism development areas refer to specific sites for tourism development
leoated in areas identified as priorities in the national and regional tourism master
plans as well as those designated through legislative and executive issuances 2%
fourist spots and tourist zones which can be developed into tourism estates or
integrated resort, leisure, recreation complexes and other tourism-related facilities

t


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

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

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

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

(bbb) 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,

(ccc) 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.

(dddd) Urban forestry or green space refers to the establishment or setting-up of
areas for mini-forest, eco-parks or small nature parks, in both public and private
lands, wetlands, man-made lagoons and lakes systems, riverbanks and shores,
grasslands, roof and rock gardens, lining roads and highways with trees, shrubs or
ornamental plants, and ground landscaping of schools, hospitals and other
government agencies in order to improve the environment in urban areas
(eeee)Water security refers to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain a healthy life.

(fff) 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.

(gggg)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.

(hhhh) 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.

12


(ili) Zoning ordinance refers to a local law passed by the sangguniang bayan or
Sangguniang panlungsod approving the development control/zoning plan in
accordance with an approved or adopted CLUP of the city/municipality, and
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 I
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
therein, among others:
(a) Protection land use category as defined in Section 6 shall prevall 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
tse, conversion, disposition, intrusion, utiization and development aside from Its
determined use and limits;
() Protection of natural forests and natural resources, ensures environmental
stability, conserve biological diversity, improve ecosystem functions and provide
long-term ecological and economic benefits. Designated restoration areas are
designed to revive the ecosystem’s functions and services of forests as well as
improve the economic and ecological benefits of local communities;
(d) Protection of forest and wetlands from infrastructure development to preserve
the ecological services they provide which are essential to economic development
These activities include, but not limited to, river channelization and dredging, large
scale irrigation and river diversions which reduce riverine habitat and alters flood
patterns and natural flow regimes, reduce downstream water availabilty for
Agriculture and contribute to salinization through saltwater intrusion in coastal areas;
(e) Resolution of land use conflicts which are life-threatening or threatening te
public safety, sustainability of key production resources or employment activities and
the delivery of basic services and are harmful or destructive to protected areas, flora,
fauna and other protected natural resources. Greater consideration shall be given to
the human and tenurial rights of vulnerable groups in resolving land use conflicts;
(Identification of geo-hazard prone areas and high risk/danger zones and
corresponding risk reduction measures to ensure the prioritization of life and safety:
Provided, That specifically identified and assessed extremely hazardous and high
tiskidanger zones shall be similarly protected and cleared from all forms of humar
made obstacles, obstructions and instructions to ensure and secure public health
and safety;
(a) Respect for existing customary rights and traditional land uses of ICCs/IPs,
(h)__ Identification of settlement areas to check the demand for land and establish
the location of employment-generating industries and basic services; and
(i). The availability of natural resources including indigenous energy resources for
energy security and self-sufficiency. However, infrastructure energy projects such as
Game with large reservoirs in natural ecosystems shall not be allowed if it would

13


interrupt the connectivity of river systems, disrupt fish spawning and migration, and
alter seasonal flood regimes.

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

(a) Protection Land Use refers to the use of land primarily 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 consist of:

() All existing areas within forest land containing primary and
secondary forests of whatever types of species;

(i) All existing areas within forest land containing secondary-growth
or residual forests of whatever types of species;

(iii) Areas identified as key biodiversity areas (KBAs);

(iv) Restoration areas;

(v) All mangrove forests;

(vi) All easement areas as defined by Presidential Decree No. 1067,
otherwise known as the "Water Code of the Philippines”; and

(vii) All other areas that would be deemed appropriate for protection,
as defined by the DENR, subject to the approval of the National Land
Use Policy Council (NLUPC) as described in Section 55 hereof.

(2) Rehabilitated and/or reforested, degraded mining areas;

(3) Critical ecosystems for protection, such as:

(i) Coral reefs;

(ii) Marshes and wetlands;

(i) Lakes and rivers;

(iv) Caves; and

(v) Waterfalls.

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

(i) Recurrent flooding;

(ii) Liquefaction;

(iii) Tsunamis;

(iv) Mass wasting;

(v) Volcanic eruption;

(vi) Direct impact of seismic activity; and

(vii) Other areas that pose a high degree of hazard to human

occupation and activity
(5) Critical watershed areas;

(6) _ Marine protected areas;
(7) Allprime agricultural lands as defined under this Act;

14



(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 and recognized as such

internationally; and

(10) Alll other areas not included and declared as production areas shall

become protection areas

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

(1) Other agricultural lands not identified as prime agricultural lands. They

shall consist of, but shall not be limited to

(i) Lands with soils are suitable for agricultural development;

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

(iii) Alllands that are traditional sources of staple food;

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

(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;

(3) Production forests such as:

(i) Allareas within forest land not classified as protection forests in
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 istands for similar

purposes.

(c) Settlements and Institutional Land Use refers to the use of urban and rural

lands for settlements development purposes and/or improvement on existing

settlements involving the spatial distribution of population, identification of the roles
and functions of key urban centers, determination of relationships among settlement
areas, and the provision of basic services and 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

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

(4) 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 service 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 sub-categories of land uses in delineated ancestral domains may be

formulated by the concerned ICCs/IPs themselves in accordance with their particular

needs and traditional resource and management systems.

SEC. 7. Land Use Plans for Ancestral Domains ~ Land use plans of ancestral
domains 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 NCIP, the LGUs and civil

society organizations (CSOs) concerned. Such plans shall be recognized and
adopted in the barangay, city/municipal, provincial, regional and national physical
framework plans.

Physical framework plans made prior to the delineation of ancestral domains
included in such plans or ordinances shall, without prejudice to the rights of the
ICCs/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 LGU and the ICCs/IPs shall jointly
formulate the land use plan 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 resource shall be determined and evaluated by the respective local land
use boards prior to any decision for the assignment of its use. Areas feasible for
sustainable land resource use may be considered multiple-use zones wherein
settlements, tourism, agriculture, agro-forestry and extraction activities and other
income-generating or livelihood activities may be allowed except areas under
protection land use. Provided, That multiple uses of land resources shall be in
accordance with priorities in land use allocation identified in the approved physical
framework and land use plans wherein such multiple uses are compatible with the
original land use and planning, and that no reclassification shall be allowed
Provided, further, That, where there are vested rights, titles and claims prior to the
enactment of this Act over the areas feasible for sustainable land resource use, the
same shall be respected

16


CHAPTER III
SPECIAL AREAS OF CONCERN

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

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

SEC. 10, Adoption of the Assessment Report. - Upon validation and affirmation by
local land use boards, the land classification assessment report submitted by the
LMB shall be adopted 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 municipal/city
levels, the Protected Area Management Plan (PAMP) referred to in the NIPAS Act
shall be incorporated in the PPFP and CLUPs if applicable, wherein protected area
Zoning shall be reflected

ARTICLE THREE
AGRICULTURAL LANDS
SEC. 12. Priority Areas for Agricultural Development. - Priority areas for
agricultural development are the areas distributed under agrarian reform, areas that
can be covered by the CARP and 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.

All 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. Provided,
That consistent with the State policy on giving priority to the completion of the
Comprehensive Agrarian Reform Program (CARP), those lands covered under
compulsory 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 DAR.

7


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 in the CLUP and/or other plans that the
LGU is mandated to produce. The extent of the ancestral domains shall be reflected
in the land use plan, where it will be zoned as such in the zoning ordinance and shall
be co-managed by the LGU and IP community. Additionally, the ADSDPP shall be
included in the investment plans of the LGU

SEC. 16. Ancestral Domain Policy Adoption. - Ancestral domain policies 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 traditional resource and management systems and
processes shall be upheld at all times as provided for by the IPRA of 1997,

ARTICLE FIVE
FOREST LANDS AND RESERVATION OF WATERSHED

SEC. 17. Permanent Forestiands. - 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 be 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 provisions of the IPRA
of 1997 shall be respected

Upon recommendation by the LGU, or the Forest Board, the DENR Secretary
shall revoke the abovementioned instruments.

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 classified as agricultural lands or for other land use:

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

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

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

(d) Twenty (20)-meter wide strips of land from the edge of the normal high
waterline of rivers and streams with channels of at least five (5) meters in width
which are not yet classified as alienable and disposable;

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

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

18


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 watershed management plans which shall be integrated
into their respective CLUPs. The formulation and integration of the plan shall be
guided, among others, by the principle of the management and development of
inland water resources shall be at the watershed level and consistent with the
National Forestry Master Plan (NFMP).

The DENR and the concetned LGUs shall jointly Implement the watershed
management plan subject to regular consultations with and involvement of the
‘community and other stakeholders in the implementation of the plan

SEC, 22. Establishment and Management of National Parks. - All areas proclaimed
by the President and Congress to be under the NIPAS pursuant to the NIPAS Act,
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 the concerned LGUs shall ensure that such areas are integrated in the
CLUP and physical framework plans: Provided, however, That the preparation of
management plans of protected areas/national parks shall be in accordance with the
provisions of the NIPAS Act and other laws establishing or declaring a specific area
as protection 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.

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 forest land and shall not be converted to other uses;

(b) Areas that meet all accepted criteria on elevation, soil type, soil
depthtopography, supply for successful fishpond development and are not identified
as mangrove protected areas, shall be utilized for aquaculture purposes as long as a

19


4:1 ratio for mangroves and fishponds is maintained to support ecological processes
in mangrove ecosystems;

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

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

(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
fisherfolks;

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

(a) Areas which have been allocated for small infrastructure needed by municipal
fisherfolk shall be allowed, including areas for gears and 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 Subclassification. - All public lands in the coastal
zones shall be subclassified into any of the following: fishponds, mangroves,
protection from tidal surge for preservation of biodiversity, habitats and sanctuaries
for endangered wildlife, fisherfolk settlement or recreational/tourism areas. No
subclassification of coastal zones to different uses shall be done without the
following:

(a) Conduct of a comprehensive inventory and resource and environmental
assessment by the DENR with respective LGUs and accredited 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 under 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 affected sectors such as women
and youth, shall conduct the Coastal Zoning Resource Management Plan (CZRMP)

20


which shall be incorporated in the CLUP. Management zones defined in the CZRMP
should be reflected in the CLUP and the subsequent Zoning Ordinance (ZO),

SEC. 27. Tourism and Recreation Zone. ~ The designation of areas for tourism and
resorts near to or over fishery areas oF ports thereof shall be with the consent of the
concemed LGUs and FARMCs, and subject to the policies and guidelines set forth in
this Act.

SEC. 28. Protection of Waterways, Easements and Flood Plains —Structures of any
Be shall not be built in waterways and easements. Pursuant to Presidential Decree
Na 1067 or the Water Code of the Philippines, the banks of rivers and streams and
he shores of the seas and lakes throughout their entire lengih and within a zone of
three (3) meters in urban areas, twenty (20) meters /n agricultural areas and forty
(40) meters in forest areas, along their margins are subject to the easement of public
tise 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
bo so sited, constructed and serviced that life of occupants are not put at risk and
that gisruptions during floods are minimized. The identification and characterization
of flood-prone areas and flood plains shall be an integral part of the CLUP
preparation. Through the CLUPS and ZOs, LGUs shall establish land use
regulations to mitigate flood risks

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

SEC. 28. Disposition of Public Lands for Fishponds. ~ Upon the effectivity of this,
‘Act, but subject to existing rights and the preceding section, no fishpond lease
agreement (FLA) shall be issued for tidal swamps, mangroves and oilier swamps,
oorrsres, ponds, foreshore lands and coastal areas within public lands, including
those presently declared available for fishpond development. The LUPC, in
Coordination with the DENR, the DA, the FARMCs and the LGUs, shall set aside a
portion of available public lands for fish propagation, fish sanctuary, conservation,
ecological purposes and 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.

a


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

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

(a) The principles of sustainable development;

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

(c) Mineral reservations which have become 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

(4) 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 Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization and Distribution
Purposes, - To ensure that the objectives of maintaining ecological balance and
maximizing the power potential from indigenous energy resources in the most
economically and environmentally-acceptable means are realized, the allocation and
utilization of lands shall be guided by the following, consistent with existing
regulations and laws on energy resources
(a) _ Indigenous energy resource exploration and development for the purpose of
creating a national energy resource inventory and data base as well as an energy
resource block map shall be allowed subject to the implementation of the
complementary watershed and other land management plans;
(b) Indigenous energy resource exploration, development production, utilization
and distribution shall be subject to the appropriate requirements and processes of
the Philippine Environmental Impact Statement (EIS) system. Each project shall
secure an Environmental Compliance Certificate (ECC) prior to project
implementation to ensure that adequate and appropriate environmental management
measures and optimum methods for resource access and recovery are used;
(c) Protected areas defined in Section 6 shall be closed to any kind of energy
resource development,
(4) 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

22


(e) 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, Towns, Cities and Settlements Development. - The development of
towns, cities and settlements through the zoning ordinances of cities and
municipalities shall be guided by urban zoning standards designed to maximize
existing urban spaces.

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 areas
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 Disposal Site. - Each city or municipality shall
identify, designate and allocate an area within its territorial jurisdiction to serve as
waste disposal site within one (1) year from the effectivity of this Act. The LGUs, in
coordination with the DENR or any other competent authority, shall identify solid
waste disposal sites 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. Likewise, as provided under Section 33 of
the Local Government Code of 1991, cities and municipalities may, through
appropriate ordinances, bind themselves towards the establishment of a common
solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in
coordination with 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 Zones. — Each city or
municipality in urban or urbanizable and rural areas shall designate lands for
socialized housing and resettlement areas for the immediate and future needs of the
underprivileged and homeless in their territory, pursuant to existing laws and
regulations.

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

23


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.
Fisherfolk settlements and housing in coastal municipalities shall be zoned near the
sea for easy access to their livelinood as provided under Sections 24, 25 and 26
hereof.

The location of resettlement areas may either be on-site or off-site and shall
be within the city or municipality and shall consider 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 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 the LGUs shall be reviewed and revised such that the
socialized 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. Criteria for Settlement Sites. — The following are the criteria for identifying
settlement areas:

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

(b) Along established urban growth directions;

(c) With provisions for or can be provided with basic services and utilities;

(d) Within the zero to eight percent (0-8%) slope range; and

(e) _ Accessible from existing built-up areas and other employment centers through
existing or proposed roads and other transportation facilities.

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‘SEC. 43. Urban Forest or Green Space. - Each city or highly-urbanizing municipality
shalll 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 shall be done in
coordination with the LGU concerned. 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 provisions of
the Special Economic Zone Act (SEZA) of 1995, the Comprehensive Agrarian
Reform Law (CARL), the IPRA, the UDHA, the Fisheries Code and the AFMA, taking
into consideration the following:
(a) Identified network of areas for agricultural development and protected
agricultural areas pursuant to the AFMA;
(b) National policies on the regional dispersal of industries and agri-based
industrial development,
(c) Identified growth areas and corridors in the National Development Plan;
(d) _ NIPAS and non-NIPAS areas such as, but not limited to, KBAs and restored
areas that require protection;
(e) National and urban development and housing framework;
(f) Identified socialized housing zones; and
(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
zoning ordinance of the city or municipality where these areas are located. The laws
on CARP Extension with Reforms (CARPER), the IPRA, the UDHA, the Fisheries
Code, the AFMA and the Local Government Code shall apply to all special economic
zones and free ports.

ARTICLE ELEVEN
TOURISM DEVELOPMENT AREAS
SEC. 46. Criteria for Designating Tourism Development Areas. - The identification,
selection and development of tourism development areas and tourism estates shall
be done in consultation and coordination with the concerned LGUs, national
government agencies, the private sector and the affected communities. Tourism
development areas shall likewise include those covered by legislative and executive
issuances such as tourist spots, tourist zones and tourism ecozones which can be
developed into tourism estates or integrated resort, leisure and recreation complexes
and other tourism-related facilities as well as those identified in the national, regional,
and area-specific tourism master plans and other sector plans, such as ecotourism
and agri-tourism sites: Provided, That such sites designated for tourism development
are outside of areas identified for protection land use. As much as practicable,

28



community-based tourism shall be the principal mode of tourist spot operation. The
laws on CARPER, IPRA, UDHA, Fisheries Code, AFMA, Local Government Code
and the National Ecotourism Strategy shall apply in 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.

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 of the Philippines (NHCP), the National Museum (NM) and
the National Commission for Culture and the Arts (NCCA), in coordination with other
concerned agencies, local communities, and the private sector, shall identify and
declare areas and structures which shall be protected and/or preserved as part of
Philippine cultural heritage

The NHCP and the NM, in consultation with the NCCA and the HLURB, shall
designate heritage zones to protect the historical and cultural integrity of a
geographical area significant to national history.

The LGUs, in consultation with the NHCP, the NM and the NCCA, shall
designate heritage zones to protect the historical and cultural integrity of
geographical areas and cultural spaces of intangible cultural properties, which are
significant to a city/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, the 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, the AFMA and the IPRA: Provided, That such national
strategic infrastructure development plan shall be consistent and integrated in the
objectives and directions of the NPFP.

In determining and evaluating the list of priority infrastructure projects,
consideration shall be given to those that:

(a) Respond to immediate and vital requirements of the national and regional
economy with priority to improving production-market integration, inter-nodal
transport, conveyance and logistics linkages, rural infrastructure and the
development of the agriculture and fisheries sector
(b) Upgrade existing facilities to international public safety standards,

(c) Address the need for sustainable settlements development; and

(4) Mitigate the destructive effects of natural disaster-causing phenomena or
those that shall serve as alternatives to existing infrastructures 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

6


displacement of people in the area.Provided, further, That the proponent of the
infrastructure project shall follow the rules on just and humane eviction or demolition
under Section 28 of the UDHA as a last resort, notwithstanding the provisions of
Republic Act No. 8975, prohibiting lower courts from issuing temporary restraining
orders, preliminary injunctions or preliminary mandatory injunctions and that the
proponent shall follow provisions of the IPRA, particularly those pertaining to the
fights 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 geo-hazard areas shall be allowed: Provided, That
mitigating and/or preventive measures are adopted and implemented to address the
potential adverse economic, socio-cultural and environmental impacts that will
emanate from these infrastructure projects, subject to the findings and
recommendations of a feasibility study/EIA in accordance with Presidential Decree
No, 1586 (EIS System) and Republic Act No. 4846 or the Cultural Properties
Preservation and Protection Act

Existing projects that did not go through the process of an EIA and which
pose threats to the environment, or the integrity of historic, archaeological, or
scientifically significant areas, or impinge on critical ecosystems, may be terminated
immediately, or gradually phased-out and relocated, or maintained up to their life
span, subject, however, to mitigating measures: Provided, That the rules on
mandatory public hearings/consultations and just and humane eviction or demolition
shall also be observed prior to the termination, gradual phase-out, or relocation of
projects that will necessarily involve dislocation or displacement of people in the
area.

CHAPTER IV

PHYSICAL FRAMEWORK AND LAND USE PLAN
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
national, regional and provincial physical framework plans (NPFP/RPFP/PPFP) and
city/municipal CLUPs.

These standards shall give due consideration to conflicting uses and areas
being used, declared or designated for agrarian reform, protected areas, coastal
resource management and/or ancestral domains.

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

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs), Provincial Physical Framework Plans (PPFPs) and CLUPs of the LGUs.
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

a


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

The physical 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 and
comprehensive municipal land use plans shall be for thirty (30) years with regular
review and updating every ten (10) years.

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

The NLUPC, in consultation with concerned sectors and communities shall
update the NPFP after such period that the 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 and land use
and management of resources shall be reviewed, prepared, formulated and
monitored

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

SEC. 52. Regional Physical Framework Plan (RPFP). - The RPFP shall provide
broad spatial directions and policy guidelines on protection land use, production land
use, settlement development and infrastructure development at the regional level
and guide the formulation of the PPFPs. The RPFP shall consider the existing
PPFPs and the CLUPs of the LGUs within the territorial jurisdiction of the region.

The Regional Land Use Policy Council (RLUPC), created under Section 62 of
this Act, shall formulate and periodically update the RPFP based on the guidelines
issued by the NLUPC, in a manner consistent with and following the objectives of the
NPEP. Likewise, the Medium-Term Regional Development Plan (MTROP) and the
Medium-Term Regional Development Investment Program (MTRDIP) shall be
guided by and made consistent with the objectives identified in the RPFP.

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

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

Ey


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 Provincial Development Investment Program (PDIP).
The PPFP, 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 PPFOP: 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 NPFP.

The Provincial Land Use Planning and Management Board (PLUPMB),
created under this Act, shall ensure that the PPFP is consistent with the national and
regional planning framework and guidelines issued by the NLUPC/RLUPC. The
PPFP shall be presented to the Provincial Development Council (PDC) for
endorsement to the Sangguniang Panlalawigan, who shall formally adopt and
approve the PPFP, The approved PPFP shall be submitted to the RLUPC for
consolidation and integration into the RPFP.

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

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

The CLUP shall delineate actual boundaries on the ground within the
territorial jurisdiction, embody the desired land use patterns of the barangay, city or
municipality; translate and integrate sectoral plans; and provide appropriate policies
for each of the four (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
Programs (LDIPs) of the LGUs

Consistent with the national standards and guidelines prescribed in Section
50 hereof, 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 the
national and regional physical planning guidelines and standards. Under the general
supervision of the respective C/MLUPMB, the City/Municipal Planning and
Development Coordinator/Office (C/MPDC/O) shall provide technical, secretariat and
administrative support in the preparation, consultation, integration and formulation
process of the respective CLUPs of each city or municipality.

29


The CLUPs shall be submitted by the city/municipal local development
councils (LDCs) for adoption and approval of the Sangguniang Bayan. 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
converted into the NLUPC which shall exercise the powers and responsibilities
identified under this Act, It shall further assume the functions of the NEDA Board-
National Land Use Committee (NB-NLUC), which is hereby abolished, and the
powers and functions pertaining to land use planning vested by law to the HLURB.
The NLUPC shall act as the highest policy-making body on land use and
resolve land use policy conflicts between or among agencies, branches or levels of
the government. It shall integrate efforts, monitor developments relating to land use
and the evolution of policies, and regulate and direct land use planning processes.

SEC. 56. Composition of the NLUPC. - The NLUPC shall be headed by the
Secretary of the NEDA as Chairperson. It shall choose a Vice Chairperson from
among the members of the Council, who shall assume the functions of the
Chairperson in case of absence. The NLUPC shall meet at least once every quarter.
The members of the Council shall be the following:
(a) The Secretary of the Department of Agrarian Reform (DAR);
(b) The Secretary of the Department of Agriculture (DA);
(c) The Secretary of the Department of Environment and Natural Resources
(DENR);

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

(e) The Chairperson of the National Commission on Indigenous Peoples (NCIP);

(f) The Chairperson of the Housing and Urban Development Coordinating
Council (HUDCC);

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

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

(i) Two (2) representatives each from four (4) basic sectors directly involved in
land use, namely: the urban poor, the peasants, the fisherfolk and the
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; and
The Head of the NLUPC Secretariat, appointed by the Council, shall be a
nonvoting ex officio member.

(k) Cabinet Secretaries who are members of the Council may designate their duly
authorized and permanent representatives whose ranks shall 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 direction, as well as
recommend the adoption, passage or amendment of laws to ensure that plans,

30


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;

(d) Consolidate, harmonize and integrate the RPFP, PPFP and CLUPs and
ensure their consistency with the NPFP;

(e) Ensure the consistency of other national development and sectoral plans and
programs, including the MTPDP and MTPIP, with the NPFP;

(f) 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;

(9) Resolve policy conflicts on land uses between or among agencies, branches
or levels of government and unresolved land use policy conflicts at the regional level;
(h) Call upon other government agencies for the proper implementation of this
Act; and

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

SEC. 58. NLUPC Secretariat. — The existing unit of the NEDA in charge of land use
and physical planning coordination shall act as the NLUPC Secretariat.

SEC. 59. Functions of the NLUPC Secretariat. - The Secretariat shall have the
following functions:

(a) Establish and manage an accurate, updated and publicly accessible national
land resource information and management system that shall integrate and process
information on land use and allocation generated by the various national government
agencies; define information requirements at various levels; and standardize
information inputs and outputs including scales and symbols used in territorial and
sectoral maps;

(b) Undertake the gathering of data and the conduct of studies pertaining to land
use planning including studies on the management of identified uses and such other
studies not undertaken by other government agencies;

(c) Coordinate with and assist other government agencies and LGUs in planning,
developing and implementing their land use classification programs and provide, to
the extent possible, technical assistance and guidance;

(d) Monitor and coordinate the activities of concerned agencies and entities of the
government, as well as the LGUs, in the enforcement and implementation of policies
and regulations relating to land use and resource management and development,

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

(f) Assist the LGUs in the formation of land use policy boards at the local levels,
provide the necessary technical assistance and develop a long-term capability-

3


building program to enable them to undertake a participatory and effective land use
planning;
(g) Monitor and coordinate the gathering of data, the conduct of studies and
researches pertaining to land use planning including studies on the management of
identified land uses and such other studies undertaken by other government
agencies and entities;

(h) Ensure a multistakeholder participation in the development, updating and
sharing of a National Spatial Database Information and Mapping System as a policy,
planning and decision-making tool;

(i) Develop assessment tools on the existing CLUPs;

() Monitor the development and enforcement by agencies and organizations of
the various laws, guidelines, codes or technical standards adopted with this Act; and

(k) Formulate a national institutional capability-building program for land use and
management to address the specific weaknesses of various government agencies
and LGUs based on the results of assessment studies and needs.

CHAPTER VI

REGIONAL AND LOCAL LAND USE POLICY BODIES
SEC. 60. Regional Land Use Policy Council (RLUPC). - At the regional level, the
RLUPC will be institutionalized, replicating the NLUPC structure and composition. It
shall be chaired by the NEDA Regional Director and shall have the following
functions:
(a) Adopt regional policies and guidelines which are consistent with the national
planning guidelines issued by the NLUPC in the preparation and formulation of the
respective provincial physical planning and comprehensive land use plans of LGUs
within its jurisdiction;
(b) Guide the provinces and highly-urbanized cities and independent component
cities in preparing and periodically updating their PDPFPs and CLUPs, respectively,
to ensure consistency with regional and national plans and policies and to facilitate
the integration of such plans to the regional plans;
(c)__ Prepare and periodically update the RPFP, taking into consideration national
polices and lower level plans;
(d) Review, prior to adoption by respective Sanggunians, the PPFPs and CLUPs
of highly-urbanized and independent component cities to ensure consistency with
the RPFP and national policies set forth by the NLUPC;
(e) 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;
(f) Monitor changes in land use and other physical resources in the region;
(g) Coordinate and monitor the land use activities of regional line agencies and
LGUs;
(h) Evaluate consistency of major programs and projects of regional agencies
and entities with the RPFP and their impact on land use and the environment,
(i) Undertake the gathering of regional data for the Land Resource Information
and Management System; and
() Perform other related functions as may be directed by the NLUPC.
In forest land use management, where the watershed area/continuum covers several
municipalities across different provinces, an inter-LGU task force composed of
representatives from the RLUPC and the concerned MLGUs where the watershed
area is located shall be formed. With the assistance of the DENR and upon

92



mandatory consultations with the concerned sectors, the inter-LGU task force shall
formulate the watershed management plan for the said watershed area.

SEC. 61. Provincial Land Use Planning and Management Board (PLUPMB). - The
PLUPMB is hereby 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 PPFP.

SEC. 62. Powers and Responsibilities of the PLUPMB, - The following are the
powers and responsibilities of the PLUPMB:
(a) Review and issue the necessary provincial planning guidelines and/or
implementing policies for the preparation and formulation of the respective CLUPs of
highly-urbanized cities/component cities/municipalities within its jurisdiction as
provided for by approved national and regional planning policies and guidelines;
(b) _ Oversee the preparation, formulation, consolidation and integration of the
CLUPs of highly-urbanized cities/component  cities/municipalities within its,
jurisdiction into the PPFP and ensure its consistency with the approved National and
Regional Planning Guidelines;
(c) 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;
(4) Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use
management objectives and goals identified in the CLUP;
(e) After an appropriate period of time or upon instruction and advice by the
NLUPC, conduct and initiate a progress review of the PPFP and the achievement of
its stated objectives and goals and update the PPFP;
(f) 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/municipal level;
(9) Advice the Sangguniang Panlalawigan on all matters pertaining to land use
and physical planning;
(h) Promote cooperation and sharing of resources between and among
component LGUs of the province or with neighboring LGUs to address common land
use and development issues including those related to geo-physical hazards,
watershed and river basin management, coastal and marine waters, climate change
impact and disaster risks; and
() Assist the Sangguniang Panlalawigan in reviewing the submitted CLUPs of
component cities/municipalities to ensure consistency with the PPFP

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

Ee)


SEC. 63. Composition of the PLUPMB, - The PLUPMB shall be composed of the
following thirteen (13) members to be selected based on the rules to be formulated
by the NLUPC as provided for in this Act:

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

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

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

(d) Provincial Agrarian Reform Officer (PARO);

(e) Provincial Environment and Natural Resources Officer (PENRO);

(f) Provincial Agricultural Officer (PAO);

(9) NCIP Provincial Officer;

(h) One (1) representative from the local_business/private sector
association/chamber of commerce, who shall be appointed from among the
accredited organizations within their respective development councils;

(i) Four (4) representatives from the basic sector groups (the urban poor, the
fisherfolk, the farmers, the 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; and

() 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 business/private sector association or basic sector group representation
in the Board. The NLUPC, within ninety (90) days from its establishment, shall
formulate the rules for the selection of the Chairperson and the members in the
PLUPMB. The Provincial Planning and Development Coordinator/Office (PPDC/O)
shall provide technical secretariat and administrative support and resources for the
effective operation of the PLUPMB

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

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

SEC. 64, 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 and shall ensure the consistency of such
plans with approved national, regional and provincial planning guidelines. The
C/MLUPMB shall also be directly responsible for the effective management and
implementation of the approved GLUP and for ensuring that any existing and future

u


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, 65. Powers and Responsibilities of the C/MLUPMB. - The following are the
powers and responsibilities of the C/MLUPMB.

(a) In coordination with the City/Municipal_ Planning and Development
Office/Coordinator, review and issue the necessary local planning guidelines and/or
implementing policies for the preparation and formulation of the CLUPs within its
jurisdiction as provided for by the approved national, regional and provincial planning
policies and guidelines;

(b) Ensure 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 the approved national, regional and provincial planning guidelines;
(c) Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with the physical planning and land use
management objectives and goals identified in the CLUP;

(d) Submit to the LDC the draft CLUP for its transmission to the Sanggunian and
for the LDC to use it as basis for consistency and complementation with other
development plans;

(e) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among barangays and facilitate the resolution of
any unresolved land use conflict, including boundary conflicts involving barangays;
(f) Based on the CLUP, review and endorse for approvalidisapproval
applications for locational clearances, building and zoning permits and/or other
planning-related requirement for any project, both private and public, that is
submitted to the LGU for issuance;

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

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

SEC. 66, Composition of the C/MLUPMB, ~ The C/MLUPMB shall be composed of
the following twelve (12) members and shall be headed by a Chairperson:
(a) City/Municipal Planning and Development Coordinator
(C/MPDC);
(b) Chairperson, SB Committee on Environment and Natural
Resources;
(c) President of the Association of Barangay Captains (ABC);
(4) Municipal Agrarian Reform Officer (MARO),
(e)__ LGU Environment and Natural Resources Officer (City/Municipal
ENRO);
(f) Municipal Agriculture Officer (MAO);
(g) One (1) representative from the local business/private sector
association/chamber of commerce, who shall be appointed from
among the accredited organizations within their respective
development councils;

35


(h) Four (4) representatives from the basic sector groups (the urban
poor, the fisherfolk, the farmers and the 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; and

(i) Designated Board Chairperson to be chosen among the
members.

Except for ex officio members, the members of the C/MLUPMB shall be
appointed for a term 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 Coordinator/Office
(C/MPDCIO) 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 offices and agencies such as the local Engineer, the Assessor
and the local field representatives of the DA, the DPWH, the DOTC, the DOT, the
DENR, the DAR, the DECS and other concerned national agencies to assist the
C/MLUPMB in the performance of its roles and mandates

Annual appropriations for the operation and activities of the C/MLUPMB shall
be included in the annual budget proposal of the C/MPDOIC: 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 activate their respective C/MLUPMB upon
guidelines issued by the NLUPC for such purposes, not later than six (6) months
from the effectivity of this Act

CHAPTER VII
ADOPTION, APPROVAL AND REVIEW OF LOCAL LAND USE
AND PHYSICAL FRAMEWORK PLANS.
SEC. 67. Approval and Review of PPFP and CLUPs, - The PPFP and the CLUPs
of the respective cityimunicipal LGUs, including highly-urbanized cities and
independent component cities shall be submitted by the local land use boards to the
LDCs for transmission to the local Sanggunian for approval.

SEC. 68. Approval of RPFP and NPFP. - The RPFP and the NPFP shall be
submitted for review and approval of the RLUPC and the NLUPC, respectively, upon
the conduct of appropriate stakeholder and agency consultations: Provided, That
such processes and guidelines shall be prepared and issued by the NLUPC within
six (6) months from the effectivity of this Act

36


CHAPTER Vill
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC. 69. National Spatial Database Information and Mapping System (NSDIMS). —
Within six (6) months from the effectivity of this Act, a National Spatial Database
Information and Mapping Inter-Agency Mapping Support System shall be created,
with NAMRIA as the lead agency, under the supervision and guidance of the
NLUPC. The supporting agencies include the BSWM, the Forest Management
Bureau (FMB), the LMB, 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) and other relevant
government agencies as may be determined by the NLUPC. The System shall be
responsible for creating a database for the production of base and decision maps for
all planning levels of standard scales and other indicators, based on the planning
guidelines and standards approved by the NLUPC

SEC. 70. Compiling of Datasets. - All pertinent and updated data from supporting
agencies of the System shall be submitted to the NAMRIA for compilation and
integration into the national spatial database information and mapping system

SEC. 74. Maps for Planning. - Within one (1) year after the NLUPC's approval of
the guidelines and standards for planning at all levels, the NAMRIA shall submit to
the NLUPC all maps required 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 by the NSDIMS shall include, among others
(a) Topographic Maps;
(b) Geologic Maps;
(c) Hydrologic Maps;
(d) Climate Maps:
(e) Soils Maps;
(f) Slope Maps;
(g) Mineral Resources Maps;
(h) Existing Land Use Maps;
(i) 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;
(6) _ Hydro-ecological Conditions Map; and
(6) _ Irrigation Systems Maps.
(k) Land Classification Maps;
(Municipal Waters Delineation Maps and MPAs;
(m)  Geo-Hazards Maps

7


(1) Flood Prone Areas;
(2) Hazard Zonation Maps for Volcanoes;
(3) Map of Fault Systems;
(4) Tsunami Prone Areas; and
(5) _ Erosion Prone Areas.
(n) Tourism Maps;
(0) Transportation Maps;
(p) Traffic Flow,
(a) Areas Served by:

(1) Power;
(2) Telecommunications; and
(3) Water.
() Facilities
(1) Health;
(2) Education; and
(3) Power.

(s) Domestic Water Supply;
() Industrial Areas;
(u) Population Distribution;
(v) Ancestral Domains;
(w) _ NIPAS Areas;
() Areas Suitable for Urban Expansion;
(y) Watershed Areas;
(2) Forestlands:
(1) Protection;
(2) Production; and
(3) Restoration:
() Key Biodiversity Areas (KBAs); and
(i) Marine Protected Areas.

SEC. 72. Final Determination and Ground Delineation of the Country's Permanent
Forest Line. - As mandated under the Constitution and hereby provided for under
this Act, the final determination and ground delineation of the country's permanent
forest line shall be completed within one (1) year from the effectivity of this Act:
Provided, That appropriations for the fulfillment of this provision shall be included in
the annual appropriations of the DENR: Provided, further, That the complete report
of the delineation of the country's permanent forest line shall be submitted to the
NLUPC for appropriate integration in the country’s strategic land use development
plan and policies,

SEC. 73. 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 the ICCs/IPs of their
ancestral lands shall be employed to determine boundaries as provided for under the
IPRA.

8


SEC. 74. Ground Delineation. - For effective planning to take place at the local
level and for the easy enforcement of the ZO of each city/municipality, land uses
must be identifiable both on the map and on the ground. A Joint Committee
comprised of the LGU, as represented by its M/CLUPMB, and of the national
government agency concerned, to be assisted by the C/MPDC, shall identify and
delineate on the ground the land uses within their jurisdiction. The following shall be
given priority:

(a) Forestlands:

(1) Protection; and
(2) Production.
(b) Ancestral Domains;
(c)__ NIPAS Areas:
(1) Strict Protection Zone; and
(2) Multiple Use Zone.
(d) Watershed Areas:
(1) Critical; and
(2) Multiple-Use.

(ec) Network of Protected Areas for Agricultural and Agro-industrial

Development (NPAAAD);

(f) Socialized Housing Sites and Settlement Expansion Areas;

(a) Extents of Environmentally Constrained Areas;

(h) Easement Areas; and

(i) Critical Coastal Areas:

(1) Mangroves; and
(2) Sea Grasses.

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

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

SEC. 75. 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 thru the NLUPC by the PHIVOLCS, the PAGASA, the NAMRIA, the MGB, and
the DOE, in coordination with the NDRRMC, the Regional Disaster Risk Reduction
and Management Councils (RDRRMCs), 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,

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

39


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. 76. Scope and Nature of 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. 77. Submission of Annual Report on the Implementation of CLUPs and ZOs. ~
The local land use boards shall submit their annual report on the implementation of
their land use plans to their respective Sanggunian which shall submit the same to
the RLUPCs for consolidation, The RLUPC shall thereafter transmit the
consolidated reports to the NLUPC for monitoring and evaluation

CHAPTER IX

TRAINING, EDUCATION AND VALUES FORMATION
SEC, 78. 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. 79, Information/Education Campaign and Capacity Building. -The NLUPC
shall undertake a nationwide information/education campaign on land use and
physical planning to be implemented by the 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
SEC. 80. 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
CLUPSI/ZOs once every eight (8) years.

SEC. 81. 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.

40


ARTICLE TWO
SANCTIONS AND PENALTIES
SEC. 82. 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, 6857 (CARL), as
amended by Republic Act No. 9700, shall apply. The landowner and/or the
designated developer or duly authorized representative who or which fail/s 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
of the land at the time the fine shall be imposed:
(a) Failure to commence within one (1) year from the date of the
conversion order:
(1) Six percent (6%) for the first three (3) hectares;
(2) Fifteen percent (15%) for the next three (3) hectares; and
(3) Thirty percent (30%) for the remaining area
In such case, the order of conversion shall be revoked by operation of law.
The land shall revert to its original use as agricultural land and shall 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 shall be covered under the CARP for land
distribution

SEC, 83. Persons Abetting Illegal Conversion. - Any person initiating, causing,
inducing or abetting illegal conversion shall be punished with imprisonment from six
(6) to twelve (12) years or a fine of not less than One hundred thousand pesos
(P'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 all benefits and
entitlements accruing to the public position, and perpetual disqualification to run or
apply for any elective or appointive public office.

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

SEC. 84, 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 than One hundred thousand
pesos (P100,000.00), or both, at the discretion of the court.

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

4


accruing to the public position, and perpetual disqualification to run or apply for any
elective or appointive public position.

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

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

SEC, 85. 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 farm workers, seasonal farm
workers, other farm workers, actual tillers or occupants of public lands, collective or
cooperative of the above beneficiaries, and others directly working on the land
affected by agricultural land use conversion, shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the gross
harvests on the landholding during the preceding five (5) calendar years or a certain
percentage of the converted land, whichever is higher, as determined by the DAR,

SEC. 86. Authority to Impose Fine. — The DAR shall have the authority to impose
the penalty provided under the preceding section.

SEC. 87. Withdrawal of Local Development Permits and/or Licenses. — Upon receipt
of notice from the DAR, the concerned agencies, city or municipality shall withdraw
and/or revoke any development permit and/or other licenses that may be necessary
to develop the agricultural land subject of conversion

SEC. 88, Utilization of Fines. - The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision of
the CARL.

SEC. 89. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning
Ordinances (ZOs). - Consistent with due process, the NLUPC, in coordination with
the DILG, shall investigate, review and recommend the filing of charges against local
chief executives and other local officials and employees responsible for the
formulation, implementation and/or enforcement of the CLUPs in the following cases
(a) Failure of the CLUPs/ZOs to conform to the guidelines provided
in the NPFP;
(b) Failure to complete the preparation of the CLUP despite the
availability of funds, resources and support by the Sanggunian
concerned;
(c) 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 or employee, whether elected, appointed or holding
office/employment in a casual, temporary, holdover, permanent or regular capacity,
found to be responsible for any of the foregoing acts, shall be punished with
forfeiture of salaries and allowances, and suspension from

42


(a) _ Three (3) to six (6) months, in case of noncompletion of the

CLUP; or

(b) Three (3) to six (6) months, in case of nonconformity with the
NPFP; or

(c) _ Six (6) to nine (9) months, in case of nonimplementation of the
CLUP.

Failure to comply with the provisions of the IPRA in the formulation of the
CLUP shall be penalized according to Section 72 of the IPRA

SEC, 90. Illegal Conversion of City or Municipal Parks, Communal Forests and Tree
Parks in Subdivisions, - Penalties in the amount of One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00), or imprisonment of
six (6) years and one (1) day to twelve (12) years, or both, at the discretion of the
court shall be imposed for each of the following offenses:
(a) 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;
(b) Destroying or causing damage to the timberlands and other
forest products found in the abovementioned forest and parks;
(c) Setting the abovementioned forest and parks on fire, or
negligently permitting a fire to be set therein; and
(4) Assisting, aiding or abetting another person to commit the
offenses stated in this section

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

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

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

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

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

SEC. 91. Mandatory Review Every Ten (10) Years. ~ Congress shall undertake a
mandatory review of this Act at least once every ten (10) years from its effectivity or
as often as it may be deemed necessary to ensure that land use policies and
guidelines remain responsive to changing circumstances

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

a


SEC. 92. Convening of the NLUPC. — Within thirty (30) days from the effectivity of
this Act, the Chairperson shall convene the NLUPC. The head of the NLUPC
Secretariat shall immediately assume his/her position.

SEC. 93. Implementing Rules and Regulations (IRR). — Within ninety (90) days
from the effectivity of this Act, the NLUPC shall promulgate its IRR including the
tules on the selection of the members of the C/MLUPMB and the PLUPMB. It shall
take effect upon its publication in the Official Gazette or in at least two (2)
newspapers of national circulation.

SEC. 94, Congressional Oversight Committee on the Land Use Act. - A
Congressional Oversight Committee 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 Congressional 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 Congressional Oversight Committee shall be drawn from the
existing secretariat personnel of the committees comprising the oversight. The
funding for the committee shall be taken from the appropriations of both the House of
Representatives and the Senate.

SEC, 95. Transfer of Powers and Functions. — The functions of the HLURB on land
use planning as provided for under Sections 5a, 5b, 5c, 5d, Se and 5f of 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 sub-national/LGU
structures.

SEC. 96. Appropriations. - The amount needed for the initial implementation of this
Act shall be charged against the current year's appropriations of the NEDA Board-
National Land Use Committee (NB-NLUC). Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act

SEC. 97. Review of Existing Land Use Plans. - Provinces, cities and municipalities
with existing land use plans shall review, revise, reconcile and harmonize the same
with the guidelines and standards issued by the NLUPC within one (1) year from the
effectivity of this Act.

SEC. 98. Access to Information. ~ Access to records and documents pertaining to
official acts, transactions or decisions as well as to data used as basis for policy
development by the NLUPC shall be made available to the public.

SEC. 99. Repealing Clause. - Section 10 of the AFMA and Sections 447(a2vii) and
458(a2viii) of the Local Government Code and their related laws and administrative
issuances are hereby modified by Section 13 hereof. The pertinent provisions of

“4


Executive Order No. 72, Series of 1993, are also modified accordingly. Section 11 of
the AFMA as to the penalty for agricultural inactivity and premature conversion is
also modified by Section 83 hereof. Letter of Instruction No. 1350, Series of 1983,
Presidential Proclamation No. 2282, Series of 1983, and all other general and
special laws, acts, decrees, executive orders, proclamations and administrative
regulation, or any part thereof which are inconsistent with this Act are hereby
repealed or modified accordingly.

Alll republic acts, executive orders, rules and regulations, and other issuances
or parts thereof that are inconsistent with the provisions of this Act are hereby
repealed or amended accordingly

SEC. 100. Non-impairment Clause. — Nothing in this Act shall be construed as to
diminish, 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 9700, 8371, 8550 and
7942

SEC. 101. Separabllity Clause. ~ If, for any reason, any section or provision of this
Act is declared unconstitutional or invalid, the other sections or provisions not
affected thereby shall remain in full force and effect

SEC. 102. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Approved,