HOUSE \F REPRESENTATIVES
RECEIVED
pare JUN 2016

REGISTRATION UNIT -
BILLS AND INDEX SERVICE

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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

House BILLNo, 461

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE IMPLEMENTING
MECHANISMS THEREFORE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippines is an archipelagic country which often than not experiences
strong monsoons, typhoons and water surge from the seas. These typhoons are in
addition to other calamities and natural disasters we usually experience. As a result of
these calamities and natural disasters, our country has lost billions of pesos arising from
destroyed crops and killed livestock, totally ravaged houses, roads and other
infrastructure projects, which resulted to severe loss in agricultural production, waste of
public funds, inhibited growth of our country, and loss of human lives and property.
These typhoons and natural disasters have become stronger and stronger over the
years. Climate change worsens the economic situation and food security among others
of the Philippine people. Hence, the worsening situation of our environment must be
addressed as soon as possible. Aside from the urgent need to develop climate-smart
technologies available, it is also necessary that we adopt a national land use law which
will preserve our nation’s agricultural land and critical watersheds.

This bill mandates the creation of a National Land Use Council (NLUC) which
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. NLUC
shall integrate efforts, monitor developments relating to land use and the evolution of
policies. This bill also directs the formulation of a National Physical Framework Plan


(NPFP) 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.

Under this proposed bill, land is classified according to four (4) uses: 1)
Protection Land Use; 2) Production Land Use; 3) Settlements Development; and 4)
Infrastructure Development. In order to encourage LGUs to update their
Comprehensive Land Use Plans regularly, the bill gives awards and_ incentives.
Penalties are imposed on violations of the provisions of the bill

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

= Tugna


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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. _4 61

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE IMPLEMENTING
MECHANISMS THEREFORE, AND FOR OTHER PURPOSES

CHAPTER |
INTRODUCTORY PROVISIONS

SECTION 1. Title. — This Act shall be known as the "National Land Use Act of the
Philippines of 2016"

SECTION 2. Policies and Principles. - All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, fora and fauna, and other natural resources are owned
by the state. With the exception of agricultural lands, all other natural resources shall
not be alienated.

Pursuant to the constitutional provision or mandate, it is the policy of the State to
provide for a rational, holistic, and just allocation, utilization, management, and
development of the country's land to ensure their optimum use, consistent with
the principle of sustainable development.

The State shall recognize the need for rational, optimal and sustainable
development, consistent with the principles of environmental management and
equitable access to land and security.

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

a) Sustainable management and utilization of natural resources;

b) Maintenance and preservation of environmental integrity and stability specifically
the perpetual protection of permanent forests and watershed for the attainment
of food, water and energy sufficiency;


c) Disaster risk-reduction and climate change resiliency;

d) Protection of prime agricultural lands for food security in basic commodities with

emphasis on self-sufficiency in rice and corn;

Water security through sustainable development and management of water

resources towards water security;

f) Settlements, transportation and infrastructure development in support of urban,

rural and regional development and inclusive growth;

Harmony between the rights and the varied interests of every Filipino within the

framework of people empowerment, decentralization, social justice, and equity;

h) Respect for and protection of the sustainable traditional resource rights of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their
ancestral domains to ensure their economic, social, and cultural well-being as
well as recognition of the applicability of customary laws and sustainable
traditional resource use and management, knowledge, and practices in
ancestral domains in compliance with free and prior informed consent of
ICC/IPs;

i) Protection of the rights of basic sectors to equitable access to the country's land;

j) Protection, preservation, and development of the Filipino historical, cultural
and built cultural heritage and resources for the deeper understanding of our
history and culture as a people;

k) Attainment of energy security and self-sufficiency; and

!) Market orientation where the interplay of market forces and fair trade within the
framework of ecological development and equity consideration is encouraged
and adopted as the basic parameter in achieving efficiency in land use and
allocation;

m) Market orientation where the interplay of market forces and fair trade within the
framework of ecological development and equity consideration is encouraged
and adopted as the basic parameter in achieving efficiency in land use and
allocation.

e

g,

itis also the policy of the State to ensure that local government units (LGUs) share with
the national government the responsibility of managing and maintaining ecological
balance within their territorial jurisdiction as stated in the 1987 Constitution and the
1991 Local Government Code (LGC) or Republic Act 7160

Guided by the principle that the use of land bears a social function and that all
economic agents shall contribute to the common good, landowners, land tenure
holders, in the case of forestlands, be it an individual, communal, corporate or group
shall be held responsible for developing and conserving their lands thereby making
their lands productive and supportive of environmental stability.

SECTION 3. Scope. - This Act shall apply to all lands whether public, private,
government-owned, and/or in the possession of individuals, communities, indigenous
people, or groups of people, to provide for a rational, holistic, and just allocation,
development and management of land including such activities that bear impact on said
resources.


CHAPTER II
DEFINITIONS

SECTION 4. Definition of Terms. - As used in and for purposes of this Act, the
following terms shall mean:

a) “Agricultural land” shall refer to land of public domain which have been
devoted to agricultural activity as defined in Republic Act No. 6657, as amended,
and not further classified for residential, commercial or industrial use and such
other uses as may be provided by law;

b) “Agricultural land use conversion” shall refer to the undertaking of any
development activity which modifies or alters the physical characteristics of
agricultural lands to render them suitable for non-agricultural purposes with an
approved order of conversion issued exclusively by the Department of Agrarian
Reform (DAR);

c) “Alienable and disposable (A&D) lands" shall refer to lands of the public
domain which have been delineated, classified, and certified as open and
available for disposition under the provisions of Commonwealth Act No.141,
otherwise known as the "Public Land Act," as amended;

d) “Ancestral domains” shall 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 1998;"

e) “Basic Sector” shall refer to a group of people not referring to any organized
groups such as but not limited to women, youth, elderly, differently-abled,
peasants and fisher folk;

f) “Basic Shelter’ shall refer to any subdivision unit, housing unit or condominium
satisfying the barest minimum shelter requirements under the minimum design
standards of Batas Pambansa Blg. 220;

g) “Comprehensive Land Use Plan (CLUP)’ shall refer to a document embodying
a set of policies and guidelines, accompanied by official maps and similar
illustrations, that serves as principal basis for determining the future land use of
lands and natural resources for production and protection purpose within the
territorial jurisdiction of the city or municipality. It represents the community-
desired pattern of population distribution and proposes future allocation of land
resources to various land-using activities. It identifies the allocation, character,
and extent of the areas of land resources to be used for different purposes and
includes the processes and the criteria employed in the determination of the land
use. It has a long-term perspective, encompassing a minimum of ten (10) years


except if an earlier amendment or revision of the CLUP is authorized by the
NLUC due to extraordinary causes.;

h) “Comprehensive land use planning’ shall refer to the act of defining the
allocation, utilization, development and management of all lands within a given
territory or jurisdiction according to the inherent characteristic of the land itself
and supportive of sustainable, economic, demographic, socio-cultural and
environmental objectives as an aid to decision-making and legislation;

i) “Coastal area/zone" shall refer to a band of dry land and the adjacent ocean
space (water and submerged land) in which terrestrial processes and uses
directly affect oceanic processes and uses, and vice versa. Its geographic
extent may include areas within a landmark limit of one (1) kilometer from the
shoreline at high tide to include mangrove swamps, brackish water ponds, nipa
swamps, estuarine rivers, sandy beaches and other areas within a seaward
limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds,
and other soft-bottom areas. For purposes of initiating and implementing
sustainable coastal resources protection and management, it shall include
foreshore lands;

j) “Critical habitats” shall refer to areas outside protected areas as defined in
Republic Act No. 7586, otherwise known as the “National Integrated Protected
Areas System Act of 1992”, that are known habitats of threatened species and
designated as such based on scientific data taking into consideration species
endemicity and/or richness, presence of human-made pressures/threats to the
survival of wildlife living in the area, among others;

k) “Critical watershed” shalll refer to a drainage area of a river system supporting
existing and proposed hydro-electric power, domestic water consumption,
irrigation works or existing water facilities needing immediate protection and
rehabilitation to minimize erosion and improve water yield. It shall be closed
for logging until it is fully rehabilitated;

|) “Cultural heritage” shall refer to the totality of cultural properties preserved and
developed through time and passed on for posterity;

m) “Customary laws” shall refer to a body of written and/ or unwritten rules,
usages, customs and practices traditionally and continually recognized,
accepted, and observed by respective ICCs/IPs, consistent with the IPRA;

n) “Development plan” shall refer to a document that defines the activities or
measures that the national government or local government units (LGUs) intend
to implement in order to achieve a defined set of development goals. It
integrates the socio-economic and sectoral plans of the national government or
its instrumentality or a particular LGU with land use or physical framework plans.
It may include an analysis of problems and resources, definition of goals and


objectives, policy guidelines, project and target achievements, and an
implementation mechanism which defines the roles and contributions expected
from the government and the private sector. Development plans include the
national-level Medium-Term Philippine Development Plan (MTPDP) and its
counterpart plans at the regional, provincial and local levels called the
Medium- Term Regional Development Plan (MTRDP), the Provincial Physical
Framework and Development Plan (PPFDP) and the Comprehensive
Development Plan (CDP), These plans are translated into medium-term
investment programs, also prepared at the national, regional and local levels,
where programs, projects and activities derived from the development plans are
ranked, prioritized, and matched with investment financing capacities;

©) “Ecologically-fragile lands” shall refer to lands within the critical watershed,
brackish and freshwater wetlands, pasture lands, and croplands which require
rehabilitation and whose continued unsustainable use would adversely affect
the productivity of lowland agricultural areas and the stability of the upland
ecosystem;

p) “Ecotourism” shall refer to sustainable tourism or travel to a given natural area
with exotic or threatened ecosystems or a heritage area to observe wildlife or
to help preserve nature, in the process providing for community participation,
protection and management of natural resources, culture and indigenous
knowledge systems and practices, environmental education and ethics, as well
as economic benefits fostered and pursued for the enrichment of host
communities and the satisfaction of visitors;

q) “Energy resource lands” shall refer to lands where naturally occurring or
indigenous energy resources exist in sufficient quantity or quality as to be
economically viable for exploration, development, production, utilization, and
distribution process;

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

s) “Environmentally critical areas" shall refer to areas declared by law as: (i)
protected areas pursuant to Republic Act No. 7586 or the NIPAS Act of 1992;
(ii) areas for natural parks, watershed reserves, wildlife preserves, and
sanctuaries; (iii) areas set aside as aesthetic potential tourist spots; (iv) areas
which constitute the habitat of any endangered or threatened species or
indigenous Philippine wildlife (flora and fauna); (v) areas of unique historic,
archaeological, or scientific interests; (vi) areas which are traditionally occupied
by ICCs/IPs; (vii) areas with critical slopes; (vill) areas exposed to geologic
and hydro-meteorological hazards; (ix) prime agricultural lands; (x) recharge


areas of aquifers; (xi) water bodies; (xii) mangrove areas; (xii) coral reefs;
(xiv) mossy and old- growth forests; (xv) rivers and river banks; (xvi)
swamp forest and marshlands; and (xvii) foreshore lands. This term shall also
include other terrestrial, aquatic and marine areas that need special protection
and conservation measures because they are ecologically fragile or they are
needed for food security and food self-sufficiency as determined by concerned
agencies and LGUs in consultation with the concerned sectors;

t) “Estuary” shall refer to a wetland type where the river mouth widens into a
marine ecosystem, the salinity of which is intermediate between salt and
freshwater where tidal action is an important biophysical regulator;

u) “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 as
certified by the Department of Energy;

v) “Exhausted mineral lands” shall refer to specific sites whose mineral deposits
are no longer in sufficient quantity or quality to justify additional expenditure for
their extraction and utilization as may be determined by the latest technology
available;

w) “Exhausted mineral resources” shall refer toa situation where the mineral
resources in specific sites are no longer in sufficient quantity or quality to justify
additional expenditure for extraction or utilization as determined by the
Mines and Geosciences Bureau and approved by the DENR;

x) “Flood plain” shall refer to the portion of a river valley adjacent to a river
channel which is covered with water when river overflows its banks at flood
stages. The plain usually consists of silt deposited by the stream;

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

2) “Food security” shall refer to the policy objective of meeting the food
availability, accessibility, quality and affordability requirements of the present
and future generations of Filipinos in a sustainable manner, through local
production or importation, only when there is shortage established based on a
micro level situation, or both, based on the country’s existing and potential
resource endowments and related production advantages, and consistent with
the overall national development objectives and policies;

aa) “Food self-sufficiency” shall refer 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 resource endowments and related
production advantages;

bb) “Forestlands" shall refer to lands of the public domain classified and/or
determined as needed. They include all permanent forests or forest reserves,
forest reservations and all remaining unclassified lands of the public domain;

cc) “Foreshore land” shall refer to the part of the shore which is alternately
covered and uncovered by the ebb and flow of the tide;

dd) “Free and Prior Informed Consent" shall refer to 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;

ee) “Geo-hazards” shall refer to natural and human-induced geological
processes that have potential to cause destruction and pose a threat or risk
to human life and property;

ff) “Geo-hazard prone areas” shall refer to areas frequently visited and/or
vulnerable or prone to experience weather/climatic, hydrologic, geologic, and
other natural calamities;

gg) “Heritage Zones” shall refer to historical, anthropological, archaeological
and artistic geographical areas and settings that are culturally significant to the
country as declared by the National Museum and/or National Historical
Commission of the Philippines, pursuant to R.A. No. 10066 or the National
Cultural Heritage Act of 2009;

hh) “Illegal agricultural land conversion” shall refer to any activity that modifies
or alters the physical characteristics of agricultural lands to render them suitable
for non-agricultural purposes without an approved order of conversion from the
DAR Secretary;

ii) “Improvements” shall refer to all types of buildings and residential units, walls,
fences, structures or construction of all kinds of fixed character or are adhered
to the soil but shall not include trees, plants, growing fruits, and other
fixtures that are mere super impositions on the land, and the value of
improvements shall not be less than fifty percent (50%) of the assessed value of
the property;

jj) “Inclusive growth” shall refer to ensuring that the economic opportunities
created by growth are available to all, particularly the poor, to the maximum
possible extent;


kk) “Indigenous Cultural Communities/Indigenous Peoples (ICCs/JPs)" shalll refer
to groups of people or homogenous societies identified under Republic Act No.
8371 or the "Indigenous People's Rights Act (IPRA)";

ll) “Indigenous energy resources” shall refer to energy resources, which originate
or occur naturally in. the Philippines;

mm) “Inland waters" shall refer to waters, which are not coastal and marine
waters not subject to acquisitive prescription consistent with the provisions of
Presidential Decree No. 1067, otherwise known as the "Water Code of the
Philippines”;

nn) “Inter-tidal sand flat" shall refer to a juvenile fish-feeding area and habitat for
crustaceans, The littoral gravel and sand biotopes are also used by important
wintering ground and roosting/feeding grounds of indigenous migratory birds;

00) “Integrated watershed management” shall refer 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;

pp) “Key biodiversity areas” shall refer to sites that are nationally and globally
significant for biodiversity conservation primarily containing species that require
site-scale conservation to prevent extinction in the short-term and medium-
term. Such species may be nationally and globally threatened, restricted-range
and/or nationally and globally significant congregations of species;

qq) "Lagoon" shall refer to a semi-enclosed coastal basin with limited freshwater
input, high salinity and restricted circulation which often lies behind sand
dunes. It is often highly-productive and a habitat for variety of plants and
animal, serves as nurseries of prawns and shrimps and also site for harbor,
aquaculture, industry and recreation;

rr) “Land” shall refer to resources, both natural and man-made, found on the
surface, below, and above the ground including inland waters and the air
therein;

ss) “Land use” shall refer to the manner of utilization of land, including its
allocation, development, and management;

tt) “Land use classification” shall refer 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;


uu) “Land sub-classification” shall refer 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;

w) “Mandatory public hearings/consultations” shall refer to the mechanism to
ensure the active participation of concerned sectors in all affected areas in
land use planning from the local to the national level. It involves giving
effective notice of hearing/consultation to concerned sectors within an
affected area through direct written invitations, using regular mail or
electronic means, and publication/posting in conspicuous places, conduct of a
reasonable number of hearings in or proximate to the specific area affected,
and solicitation of positions and the public presentation and public
confirmation of the planning results in the specific area affected before the
final adoption of the plans;

ww) “Minerals” shall refer to all naturally occurring inorganic substance in solid,
gas, liquid or intermediate state excluding energy materials such as coal,
petroleum, natural gas, radioactive materials and geothermal energy;

xx) “Mineral exploration” shall refer to the systematic searching or prospecting or
mineral resources;

yy) “Mineral lands" shall refer to lands where mineral resources are found;

zz) “Mineral resources” shall refer to any concentration of minerals/rocks with
potential economic value;

aaa) “Mudflat” shall_refer to a wetland type that is usually an unvegetated area,
dominated by muddy substrate which provides rich feeding grounds for
vertebrates such as fish and water birds and also important in preventing soil
erosion;

bbb) “National Integrated Protected Areas System (NIPAS)" shall refer 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;

ccc) “National Land Use Commission (NLUC)’ shall refer to the highest land
use policy making body created under Section 14 of this Act;

ddd) “National Parks” shall refer to a forest reservation essentially of natural
wilderness character which has been withdrawn from settlement, occupancy
or any form of exploitation except in conformity with approved management
plan and set aside as such exclusively to conserve the area or preserve the


scenery, the natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas;

eee) “National physical framework plan” shall refer to an indicative plan
containing the policy areas promoting the most appropriate and rational use of
land and other physical resources such as but not limited to protection,
production, settlement and infrastructure land use. It provides policy guidelines
for all decisions relating to land use and environmental management, to prevent
and mitigate the adverse effects of inappropriate resource utilization on the
country's food security and food self-sufficiency on rice and com, the people's
welfare and their environment. It embodies both policies and strategies
necessary to carry out goals and objectives of this Act;

fff) "Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD)" shall refer to agricultural areas identified by the Department of
Agriculture 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 with firm funding commitments, all alluvial plains, land 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;

ggg) “Non-agricultural land use conversion” shall refer to the act of changing the
current use of a piece of non-agricultural land into some other uses;

hhh) “Non-government organization” shall refer to a private and non-profit
voluntary organization which is committed to the task of political, socio-
economic, physical, cultural and environmental development and established
primarily to provide service to marginalized sectors in these areas;

ili) “Patrimonial properties” refer to all the properties belonging to the State that
are not intended for public use or for public service for the development of
national wealth;

iii) “People's organization’ shall refer to a private, non-profit, voluntary and
community-based organization with membership constituency established
primarily to provide service to its members and the community in general:

kkk) “Physical framework plans’ shall refer to indicative plans based on
comprehensive land use plans (CLUPs) and national policies whether national,

2


regional, or provincial which provide policy guidelines for all decisions relating
to land use and environmental management to prevent or mitigate the adverse
effects of inappropriate resource utilization on food security, the people's
welfare and their environment. It embodies both policies and strategies
necessary to carry out development goals and objectives;

jij) “Premature or illegal conversion of agricultural lands” shall refer to any
activity that modifies or alters the physical characteristics of agricultural lands
to render them suitable for non-agricultural purposes without an approved
order of conversion from the DAR Secretary;

mmm) “Prime agricultural lands” shall refer to all irrigated areas; all irrigable
lands already covered by irrigation projects with firm funding commitments;
all rain- fed areas planted to rice and other crops; all alluvial plain lands
highly suitable for agriculture whether irrigated or not, agro-industrial croplands
or lands presently planted to industrial crops that support the viability of existing
agricultural infrastructure and agro-based enterprises, highlands, or areas
located at elevation of 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 mangrove areas and fish sanctuaries;

nnn) “Production land use" shall refer to the direct and indirect utilization of
land to generate outputs resulting from the following activities, but not limited
to: agricultural, fish, farming or aquaculture, timber production, agro-forestry,
grazing and pasture, mining, indigenous energy resource development, industry,
and tourism;

000) "Protected areas” shall refer to portions of land set aside by reason of
their unique physical and biological significance, managed to enhance biological
diversity, and protected against destructive human exploitation. For purposes
of this Act, it shall include agricultural lands identified and delineated under
Section 29 hereof;

ppp) “Protection land use” shalll refer to the utilization of land primarily for food,
water and energy security, rehabilitation, conservation, and protection purposes
for the promotion of the country's ecological and life-support systems;

qq) “Public domain" shall refer to lands that belong to the State which may be
any of the following: agricultural, forest or timber, mineral, or national park as
provided for in the Constitution;

rr) “Public lands” shall refer to lands which have not been subject to private
property rights or subject to sale or other modes of acquisition or concession
under the general laws, and are devoted to public use;


sss) “Reclassification of agricultural lands” shall refer to the act of specifying
how agricultural lands shall be utilized for non-agricultural uses such as
residential, industrial, or commercial purposes through the local planning and
Zoning processes pursuant to Republic Act No. 7160 or the Local Government
Code of 1991 and subject to the requirements and procedure for conversion. It
is equivalent to land sub-classification, as. defined in this Act for classified lands
of the public domain and also includes the reversion of non-agricultural lands to
agricultural use;

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

uuu) “River basin” shall refer to the portion of land drained by a river and_ its
tributaries. It encompasses the entire land surface dissected and drained by
many streams and creeks that flow downhill into one another, and eventually into
‘one river. The final destination is an estuary or an ocean;

vw) “Settlements” shall refer to formal and informal communities or built-up
residential areas where people prefer to live in land areas classified, zoned, or
converted for current or future residential or housing development purposes,
including socialized housing zones for the homeless and underprivileged citizens;

www) “Settlements development” shall refer to any improvement on existing
formal or informal residential or housing settlements or any proposed
development of certain areas for residential or mass housing 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 residential or housing settlement areas or growth centers. It
is also concerned with the interrelationship of settlements as they develop and
establish functional linkages based on their respective resource endowments and
comparative advantages;

xxx) “Shoreline” shall refer to the line where shore and water meet;

yyy) “Significant caves” shall refer to caves which contain materials or possess
features that have archaeological, cultural, ecological, historical or scientific value
as determined by the Department of Environment and Natural Resources
(DENR) in coordination with the scientific community and the academe;

zzz) “Socialized housing’ shall refer to housing programs and projects
undertaken by the government or the private sector for the underprivileged
and homeless citizens which shall include sites and services development,


long-term financing, liberalized terms on interest payments, and such other
benefits in accordance with the UDHA;

aaaa) “Socialized housing zones” shall refer to lands identified and designated
by local government units as sites for socialized housing, pursuant to Article IV
of Republic Act No. 7279 or the UDHA, and its implementing guidelines. It
shall include areas that are presently occupied by the urban poor, as welll
as those identified as resettlement areas as defined herein;

bbbb) “Sustainable development” shall refer to the development objective of
meeting the needs of the present generation without compromising the ability of
future generations to meet their own needs consistent with the principles of
social equity, generations to meet their own needs consistent with the principles
of social equity, efficiency, and environmental integrity;

cece) “Stakeholder” shall refer to an individual, social group or organization that
has a direct or indirect interest in an activity, project, resources, or decision;

dddd) "Tourism development areas" shall refer to specific sites for
tourism development located in areas identified as priorities in the national,
regional, and inter- regional area specific tourism master plans and other
sector plans such as eco-tourism and agri-tourism sites, including those
designated through 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;

ecee) "Tourism Enterprise Zone” shall refer to an area designated as
tourism enterprise zone by the Tourism Infrastructure and Enterprise Zone
Authority (TIEZA) pursuant to the provisions of RA 9593. otherwise known as
the Tourism Act of 2009;

ffff) ‘Tourism estates" shall refer to large tracts of land with well-defined
boundaries in any area identified in the Philippine tourism master plan and
regional tourism master plan, by proclamation of the President and/or by an
act of Congress including local legislation. Such land shall be suitable for the
development of an integrated tourism and resort complex including but not
limited to accommodation facilities, food and beverage outlets, convention and
meeting areas, sports, recreational and leisure centers and commercial outlets
among others. It shall be provided with roads, water supply facilities, power and
utilities like potable water, drainage sewerage disposal, solid waste disposal
system and other necessary infrastructure. The estate shall be under one unified
and continuous management;

gggg) “Tourist spot" shall refer to a particular area/site/spot, human-made or
natural, known for its unique tourist/visitor-drawing attributes and activities.

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It may be classified according to its social, cultural, natural, historical, scientific,
religious, and recreational significance;

hhhh) “Tourist zone” shall refer 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 TIEZA. A tourist zone is established for the
enhancement and/or the conservation of cultural and historical heritage and
for the appreciation and enjoyment of the local population and its visitors;

il) “Urban areas” shall refer to all cities regardless of their population density and
to municipalities with population density of at least Five hundred (500)
persons per square kilometer;

jij) “Urbanizable areas" shall 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;

kkkk) "Urban forestry” or “Green Space” shall refer to the establishment and
management of forest in urban environment for the physiological and
psychological well-being of the people;

lll) “Water security” shall refer to the sufficient access throughout the year to the
minimum daily requirement of clean water to maintain a healthy life;

mmmm) ‘Water use" shall refer to the appropriation of water for domestic,
municipal, irrigation, power generation, inland fisheries, poultry and livestock
raising, industrial and commercial, environmental, and recreational use and
other purposes;

nnnn) “Watershed” shall refer to a land area drained by a stream or fixed body
of water and its tributaries having a common outlet for surface runoff;

0000) “Zoning” shall refer to the process of delineating the specific uses of
lands in accordance with the approved Comprehensive Land Use Plan
(CLUP) within the territorial jurisdiction of a city/municipality and specifying
the conditions for their regulation; subject to the limitations imposed by law and
competent authority; and,

pppp) “Zoning ordinance” or "ZO" shall refer to a local law passed by
the Sangguniang Bayan or Panglunsod approving the development
control/zoning plan in accordance with an approved or adopted CLUP for the
city/municipality, and providing for the regulations and other conditions on the
uses of land including the limitation on the infrastructure that may be placed

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thereon within the territorial jurisdiction of a city or municipality. It incorporates
the protected areas under Section 13(a) and the protected agricultural lands
under Section 29 of this Act.

CHAPTER III
PHYSICAL FRAMEWORK AND LAND USE PLANS

SECTION. 5. National Land Use Planning Process. - The land use and physical
planning process shall be formulated following a combined bottom-up and top-down
approach. The National Land Use Commission (NLUC) shall draft the National Physical
Framework Plan (NPFP) which shall have a timeframe of thirty (30) years, Provided,
however, That nothing herein shall prevent the NLUC from reviewing and updating at
anytime the NPFP where public interest so requires.. The NPFP, which guides the
planning and management of the country's land and other physical resources at the
national and sub-national levels, shall indicate broad spatial directions and policy
guidelines on settlements development, production land use, protection land use, social
services and utilities, and transportation and communication. The Regional Physical
Framework Plans (RPFPs), Provincial Physical Framework and Development Plans
(PPFDPs), and Comprehensive Land Use Plans (CLUPs), which shall also have a 30-
year timeframe and cover the physical development of their respective territories, shall
be consistent with the national physical framework plan: Provided, That the integration
and harmonization of the physical framework plans at all levels shall be frequent to
ensure that the concems of both top and bottom levels of government are considered.
The physical and land use plans prepared at all levels shall have internal consistency
specifically on, but not limited to, the development, management and conservation of
forestlands found within a given territory and the linkages of the major land use
categories to ensure their complementation in the utilization, development and
management of resources.

All regional, provincial, city and municipal land use plans and zoning ordinances shall
only be amended or revised at the earliest after every ten (10) years except if an earlier
amendment or revision of the CLUP is authorized by the NLUC due to extraordinary
causes.

NLUC shall issue procedural guidelines which shall guide the formulation and
integration/harmonization process: Provided, That the National Economic and
Development Authority (NEDA), the Housing and Land Use Regulatory Board
(HLURB), the Department of the Interior and Local Government (DILG) and other
agencies. will continue to issue guidelines on the content of the plans consistent with
their respective agency mandates.

SECTION 6. City and Municipal Land Use Plans. - The City/Municipal Planning and
Development Office (C/MPDO), in consultation with concerned sectors through conduct
of mandatory public hearings/consultations, shall prepare the CLUP to determine the
specific uses of land and other physical resources therein including areas co-managed


with the national government and, as appropriate, the ancestral domain areas. The
CLUP shall be consistent with the PPFDP and shall define the  city/municipal
development vision, appropriate economic, environmental and social development
policies, densities and transportation system.

The CLUP may be formulated as a component of a Comprehensive Land Use and
Development Plan (CLUDP), which merges the traditionally separate CLUP and
comprehensive development plan to address the disconnect between spatial and
sectoral factors and to ensure the complementation between the medium- and
long- term concerns.

The CLUP shall be translated into a zoning ordinance by the concerned sanggunian to
regulate the uses of land, including the limitations on height, density and bulk of
buildings and other infrastructure that may be placed thereon.

SECTION 7. Provincial Physical Framework and Development Plans (PPFDP). - In
consultation with concemed sectors, the Provincial Planning and Development Office
(PPDO) shall prepare a Provincial Physical Framework and Development Plan (PPFDP)
which shall define the province's development vision, economic and social development
policies, general land uses, and inter-city/municipal transportation system. The PPFOP
shall harmonize the land use plans of component cities and municipalities, taking into
consideration shared resources and planning concerns, and define the uses of land and
other resources within the province consistent with the policies in the regional physical
framework plan. The programs, projects and activities prescribed in the PPFOP shall be
integrated into the provincial development investment program. The PPDO shall submit
the PPFDP to the Provincial Land Use Policy Council (PLUPC), created under Section
21 of this Act, for review and endorsement to Sangguniang Panlalawigan, which shall
adopt the same pursuant to Section 468(2)(vii) of RA7160 or the Local Government
Code.

SECTION 8. Regional Physical Framework Plans. - In consultation with concerned
sectors, the Regional Land Use Policy Council (RLUPC) shall define the desired spatial
arrangement of land-using activities in the entire region, consolidating and harmonizing
the provincial physical framework plans of provinces and independent cities within the
territorial jurisdiction of the region. The regional physical framework plan, which depicts
an end-state scenario toward which efforts and activities are directed, shall consist of
spatially-based and area-focused policies, consistent with those in the national
framework for physical planning, to guide detailed physical, socio-economic, sectoral
and investment planning.

SECTION 9. National Physical Framework Plan. - The National Land Use Commission
(NLUC) created in Section 14 herein, in consultation with the concerned sectors through
the conduct of mandatory public hearings/consultations, shall formulate, periodically
update and ensure the implementation of a national physical framework plan that shall
prescribe and influence the country's land use and physical development. The NPFP
shall operationalize the policies provided in this Act and will be the basis for adopting

18


land use and physical planning-related guidelines and standards, including zoning and
other land use control standards that will guide the formulation of city/municipal zoning
ordinances.

The policies prescribed in the NPFP shall be integrated into the MTPDP and Medium-
Term Philippine Investment Program.

CHAPTER IV
FRAMEWORK FOR LAND USE PLANNING

SECTION 10. Priorities in Land Use Allocation and Planning. - In projecting spatial
allocation for different land uses, the LGUs shall first exclude areas under protection
land use of Section 13(a) hereof, national parks, energy resource lands, and prime
agricultural lands to ensure ecological integrity, energy supply, and promote food
security. Areas with prior rights and those with site-specific resources for basic
services, such as but not limited to, water and indigenous energy resources, shall also
be excluded. Spatial allocation and planning shall then proceed in accordance with
Sections 12 and 13 hereof with priorities given to integrated watershed management
areas, socialized housing sites, fisherfolk settlement in coastal areas, and waste
disposal sites.

SECTION 11. Adoption of Multiple Uses of Land Resources. - The primary and
alternative uses of a specific land resource shall be determined and evaluated 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,
forestry, agro-forestry and extraction activities and other income-generating or livelihood
activities may be allowed: Provided, That multiple uses of land resources shall be
excluded in areas identified as protection land use: Provided, further, That such land
resources shall be in accordance with priorities inland use allocation and planning
and that no reclassification shall be allowed.

SECTION 12. Basic Land Use Planning Considerations. - In determining the various
land uses, the people and their productive activities and the need for functional open
spaces and preservation areas as well as the various interrelationships of the physical
characteristics of the land and other elements therein shall be considered, among
others, the following:

(a) Availability of natural resources including indigenous energy resources for
energy security and self-sufficiency;

(b) Geology, geomorphology, geologic hazard, climate, soil, vegetative cover,
demography and slope;

(c) Economic, environmental, cultural, social and related development activities;


(d) Existing government polies on land and natural resources allocation, utilization,
management and disposition;

(e) Technological changes/advancement;

(f) Existing customary rights for the protection of indigenous peoples and
vulnerable groups including women and urban poor; and

(g) Inventory of prior and existing rights, to harmonize determination of land use.

SECTION 13. 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 major functional uses as follows:

(a) Protection Land Use shall refer to the use of land primarily for food, water and
energy security, rehabilitation, conservation, and protection purposes for the promotion
of the country's ecological and life-support systems. Planning for protection land use
intends to achieve food self-sufficiency in rice and com, water and energy security,
environmental stability and ecological integrity, ensure a balance between resource
use and the preservation of some areas with environmental, aesthetic, educational,
cultural, heritage and historical significance, and protect people and human-made
structures from the ill-effects of natural hazards. All lands, either public or private,
under protection land use shall be permanently conserved, preserved, rehabilitated and
protected from all other land uses, disposition, intrusion, utilization and development
that is not consistent from its existing uses. Areas under this category also include those
covered by Republic Act No. 7586 or the 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. Areas outside the
coverage of the NIPAS law include, but are not limited to the following:

a.1. Old-growth forests and mossy;

a.2. Areas with more than 50% in slope gradient;

a.3. Mangrove and fish sanctuaries, pursuant to Republic Act No. 8435 or
the “Agriculture and Fisheries Modernization Act of 1997" and Republic Act
No. 8550 or “The Philippine Fisheries Code of 1998";

a.4. Buffer zones or strips/easements, pursuant to Presidential Decree No. 705,
amending Presidential Decree No. 389, otherwise known as the “Forestry
Reform Code of the Philippines” and Presidential Decree No. 1067 or the
“Water Code of the Philippines”;

a.5. Salvage zones along foreshore areas, freshwater swamps and marshes,
plazas and heritage/historic sites, pursuant to Presidential Decree No. 2146;

a.6. Watersheds supporting domestic water supply;

a7. Utility easement like transmission lines of power companies, oil and gas
facilities, cell sites, and domestic water lines;


26

30

a.8. Amenity areas or those with high aesthetic values, pursuant to Presidential
Decree No. 2146;

a.9. Natural and human-made areas/sites of cultural, historical and
anthropological significance, which are declared as such by internationally
recognized organizations and concerned national agencies;

a.10. Critical habitats as provided in Republic Act No. 9147 or the "Wildlife
Resources Conservation and Protection Act";

a.11. Significant caves under Republic Act 9072 or the "National Caves and
Cave Resources Management and Protection Act"; or

a.12. Key biodiversity areas under Executive Order 578, Series of 2006, or
the "National Biodiversity Policy’.

(b) Production Land Use shall refer to the direct and indirect utilization of land
resources for crop, fishery, livestock and poultry production, forestry, agro-forestry,
mining, industry, energy development, indigenous energy exploration and development,
and tourism. Planning for production land shall determine the most efficient,
sustainable, and equitable manner of utilizing, developing and managing land for
productive purposes. Areas included in this category are agricultural lands, fishing
grounds, 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/Integrated Forest Management Agreement
(IFMA), community based forest management 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;

(c) Settlements Development 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. The
settlements development plan ensures for the present and future generation the
following: (i) effective integration of activities within and among settlements,
allowing efficient movement of people and production of commodities through the
provision of appropriate land, infrastructure, and facilities; and (ii) access of the
population to housing, education, health care, recreation, transportation and
communication, sanitation, and basic utilities such as water, power, waste disposal,
and other services.

(d) Infrastructure Development shall refer to the availability or supply of basic services
and fostering of 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 sub-sectors of transportation,
communications, water resources, and social infrastructure: Provided, That the
determination of functional uses of lands within ancestral domains shall consider

a


traditional resource and management systems that do not endanger the lives of the
people and property of the local community and neighboring areas or increase the
vulnerability of the natural environment to the effects of natural and human- induced
geological processes,

CHAPTERV
IMPLEMENTING STRUCTURE AND MECHANISMS

Article |
NATIONAL LAND USE COMMISSION

SECTION 14. Creation of the National Land Use Commission (NLUC). - The National
Land Use Commission, hereinafter referred to as NLUC, is hereby created as a
Commission under the Office of the President. It shall exercise the powers and
responsibilities of the current NEDA Board-National Land Use Committee which is
hereby abolished. The NLUC 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. It may also establish Regional Offices.

SECTION 15. Composition of the NLUC. - The NLUC shall be composed of the
following:

a) The President of the Republic of the Philippines as Chairperson;
b) The Director-General of the National Economic and Development Authority
(NEDA) and Secretary of the Department of Environment and Natural
Resources (DENR) as Vice-Chairpersons;

The President may designate from among the two Vice-Chairpersons a Chief
Executive Officer who shall supervise the day-to-day affairs of the NLUC.

The members shall be:

c) The Chairperson of the Housing and Urban Development Coordinating Council
(HUDCC), the Secretaries of the Department of Agriculture (DA), the
Department of Agrarian Reform (DAR), the Department of Trade and
Industry (DTI), the Department of Public Works and Highways (DPWH), the
Department of Transportation and Communications (DOTC), the Department
of Tourism (DOT), the Department of Interior and Local Government (DILG),
the Department of Justice (DOJ), the Department of Science and
Technology (DOST), the Department of Finance (DOF), the Department of
Energy (DOE) and the Chairperson of the National Commission on
Indigenous Peoples (NCIP);


The Department Secretaries and the Chairperson of the NCIP may
designate a representative with a rank not lower than Assistant
Secretary and Commissioner, respectively: Provided, That the
designated representative shall be on a permanent basis;

(d) A representative each from the Leagues of Provinces, Cities and
Municipalities;

e) A rrepresentative each from four (4) basic sectors directly involved in land
use, namely: urban poor, farmer-peasants, fisherfolk, and indigenous peoples who
shall be appointed by the President of the Philippines based on the nomination
and recommendation of the respective sectoral councils of the National Anti-
Poverty Commission (NAPC). At least two (2) sectoral representatives shall be
women;

f) Two (2) representatives from private subdivisions, and housing developers;
and

g) Two (2) representatives from the accredited association of professionals dealing
‘on land use such as but not limited to urban and regional planners, environmental
planners, architects, geologists and geodetic engineers;

A consultative body shall likewise be convened by the NLUC at least once a year
or as often as may be necessary. It shall be composed of representatives from
the Leagues of Municipalities, Cities, and Provinces, other government agencies
not represented in the NLUC, and from non-government sectors such as the
private sector, non-government organizations (NGOs) and people's organizations
(POs), and the academic community;

SECTION 16. Powers and Functions. - The NLUC shall have the following powers and
functions:

a) Advise the President of the Philippines and the NEDA Board on all matters
concerning land use and physical planning;

Integrate and harmonize alll laws, guidelines and policies relevant to land use
and physical planning to come up with a rational, cohesive, and comprehensive
national land use framework;

Formulate policies and endorse land use and physical planning-related policies
that may be formulated by the Regional Land Use Policy Council (RLUPC),
created under Section 22 of this Act, and concerned agencies as well as
promulgate zoning and other land use control standards and guidelines which
shall guide the formulation of land use plans and zoning ordinances by local
governments;

Prepare, periodically review and if necessary, update the national framework for
physical planning to provide the general framework for the spatial development
directions for the entire country and sub-national levels;

b)

()

d

23


e) Review and endorse all laid use and physical planning related guidelines;
f) Monitor and coordinate the gathering of data, the conduct of studies pertaining
to land use planning including studies on the management of identified land
uses and such other studies not undertaken by other government agencies;
Recommend to the President of the Philippines the adoption, passage, or
amendment of laws to ensure that sectoral programs, plans, projects, and
activities, including local government initiatives affecting land use are
consistent with national development objectives;
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;
Monitor and coordinate the activities of concerned agencies and entities of
the government, as well as LG Us, in the enforcement and implementation of
policies and regulations relating to land use and resource management and
development;
Monitor and coordinate activities in the establishment of a national land
resource information and management system of concerned agencies 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;

Be the repository of all RPFPs, PPFDPs and CLUPs and all data and

information pertaining to land and land use;

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

m) Decide and resolve policy conflicts and territorial jurisdiction on land use
between or among agencies, branches, or levels of the government and act
on unresolved land use policy conflicts at the regional level elevated by the
Regional Land Use Policy Council (RLUPC);

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

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

g,

h

k)

SECTION 17. NLUC Technical Secretariat (NLUC-TS). - A Technical Secretariat shall
be created to provide technical support to the NLUC. It shall be headed by an Executive
Director and composed of:

a. Representatives of the member agenciesj/institutions of the NLUC, who shall

have a rank not lower than Director level; and

b. The representatives of NLUC members as enumerated in Section 16(d), (e)

and (g) of this Act.

SECTION 18. The NLUC Technical Secretariat Executive Director. - The Executive
Director shall supervise the operations of the NLUC Technical Secretariat and assist the
NLUC Chairperson or his/her designated Chief Executive Officer (CEO).

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26
27
28
29

30
31
32
33

34
35

In the absence of the CEO, he shall preside over the meetings of the NLUC-TS.

He shall also perform such other functions as may be tasked by the Chairperson or
CEO-Vice Chairperson.

SECTION 19. Offices, Units and Staff Support. - The Policy and Planning Unit of the
HLURB shall be the core secretariat of the NLUC. The staff in the HLURB Policy
and Planning Unit and NEDA Regional Development Office who opted to transfer
to the NLUC shall be given priority without diminution in rank and remuneration. The
staffing pattern shall be drafted by the NLUC in coordination with the DBM and
Civil Service Commission. Other government agencies may also be called upon for
staff support.

Article 2
LOCAL DEVELOPMENT COUNCILS AS LOCAL LAND USE POLICY COUNCILS

SECTION 20. City/Municipal Land Use Policy Council (C/MLUPC). - The City/Municipal
Development Council (C/MDC), created under Section 106 of the Local Government
Code, shall act as the City/Municipal Land Use Policy Council (C/MLUPC) that will
tackle land use concerns whenever necessary. A duly authorized representative from
the DAR, the DENR and the DA shall be included in the composition of the C/MLUPC.

In addition to the functions enumerated in Section 109 of the LGC, the C/MLUP shall:

‘Advise the Sangguniang Bayan or Sangguniang Panlungsod on all matters
pertaining to land use and physical planning;

b. Review and endorse to the Sangguniang Bayan or Sangguniang Panlungsod
for adoption, the CLUP prepared and periodically updated by the City/Municipal
Planning and Development Office and other land use and physical planning-related
policies;

c. Decide and resolve policy conflicts on land use planning, classification,
and allocation that may arise between and among barangays and any unresolved
land use conflict at the barangay level regarding the violation of zoning ordinances
including opposition to applications for locational clearances, permits or certificates; and

d. The C/MLUPC may call upon any local official concerned such as
C/MPDC, City/Municipal Agriculturist, City/Municipal Environment and Natural
Resources Officer, City/Municipal Engineer, City/Municipal Assessor, or any official
of national agencies during discussions on land use and_ physical planning concems.

For purposes of this Act, the City/Municipal Planning and Development Coordinator
(C/MPDC) shall:

25


(a) act on all applications for locational clearances for all projects except
those of vital and national economic or environmental significance;

(b) automate, modernize and integrate all spatial and non-spatial data
related to land within the LGU for a more effective and efficient use of land information
for land use and physical planning and such other public and private uses;

(c) monitor on-going/existing projects within their respective jurisdictions and
issue notices of violation to owners, developers, or managers of projects that are
violative of zoning ordinances; and

convene a Technical Working Group composed of City/Municipal
Agriculturist, City/Municipal Environment and Natural Resources Officer, City/Municipal
Engineer, City/Municipal Assessor and such other LGU officials with land related
functions in the preparation of the CLUP. The TWG may request any field officials of
National Government Agencies with land administration function to assist for the same
purpose;

Local government units without operational C/MDC as mandated by the 1991 LGC
shall activate their respective Councils within six (6) months from the effectivity of
this Act.

SECTION 21. Provincial Land Use Policy Council (PLUPC). ~- The
Provincial Development Council (PDC), created under Section 106 of the LGC,
shall act as the Provincial Land Use Policy Council that will tackle land use
concerns whenever necessary. _ A duly authorized representative from the DENR,
DAR and the DA shall be included in the composition of the PLUPC. In addition to the
functions enumerated in Section 109 of the LGC, the PLUPC shall:

a. Advise the Sangguniang Panlalawigan on all matters pertaining to land use
and physical planning;

b. Review and endorse to the Sangguniang Panlalawigan for adoption,
the provincial physical framework plans, prepared and __ periodically
updated by the Provincial Planning and Development Office and other land
use and physical _planning- related policies;

c. Assist the Sangguniang Panlalawigan in reviewing the CLUPs of component
cities/municipalities to ensure consistency with the provincial physical
framework plans and compliance with the limits prescribed under the 1991
LGC for reclassifying agricultural lands; and

d. Decide and resolve policy conflicts on land use planning, classification, and,
allocation that may arise between or among cities/municipalities and any
unresolved land use conflicts at the city /municipal level.

The PLUPC may call upon any local official concerned such as Provincial Planning and
Development Coordinator, Provincial Agriculturist, Provincial Environment and Natural
Resources Officer, Provincial Engineer, Provincial Assessor, or any official of national
agencies and other relevant agencies during discussions on land use and
physical planning concerns.

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SECTION 22.Regional Land Use Policy Council (RLUPC). - At the regional level, the
Regional Land Use Policy Council (RLUPC) shall be institutionalized, replicating
the NLUC structure and composition which shall include a duly authorized
representative from the NEDA, the DENR, the DA and the DAR. The RLUPC shall
have the following:

a. Formulate and adopt regional policies on land use and physical planning;

b. Prepare and periodically update a regional physical framework plan, taking
into consideration national polices and lower level plans;

c. Assist the provinces in preparing and periodically updating its physical
framework plans to ensure consistency with the regional and national
plans and policies and to facilitate its integration to the regional plans;

d. Review, prior to adoption by respective sanggunians, the provincial physical
framework plan and CLUPs of highly urbanized and independent component
cities to ensure consistency with the regional physical framework plan and
national policies set forth by LUPC and compliance with _ limits
prescribed under the 1991 LGC. for reclassifying agricultural lands;

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. Evaluate consistency of major programs and projects with the regional
physical framework plans and their impact on land use and the environment;

h. Undertake the gathering of regional data for the Land Resource Information
and Management System; and

i. Perform other related functions as may be directed by the LUPC.

Article 3
ADOPTION, APPROVAL AND REVIEW OF LAND USE PLANS

SECTION 23. Component Cities and Municipalities. - Component cities and
municipalities shall have the power and authority to adopt and approve their respective
CLUPs and ZOs through their respective sanggunians subject to the power of review of
their respective provinces only with respect to the consistency of the CLUPs and ZOs
with Section 8 hereof on the preparation of the provincial physical framework plan. Upon
adoption and approval of the CLUP and ZO by the Sanggunian, all land areas zoned
for residential purposes or for settlements development shall cease to be covered by
the CARP and therefore, shall not be required to secure further order of land conversion
or exemption certificates from the DAR, except for the payment of disturbance
compensation if applicable, as well as the requirements pertaining to the issuance of
environmental compliance certificate (ECC) by the DENR.

SECTION 24. Provinces and Independent and Highly Urbanized Cities. - Provinces
and independent and highly urbanized cities shall have the power and authority
to adopt and approve their respective CLUPs, ZOs or provincial physical framework


plan, as the case may be, through their respective sanggunian but subject to the
review of the RLUPC as provided in Section 22 of this Act.

Article 4
RESPONSIBILITIES OF THE NATIONAL GOVERNMENT AGENCIES AND LGUS.

SECTION 25. National Base Mapping Program. - A national mapping program shall be
implemented, coordinated, and monitored through the creation of an Inter-agency
Technical Committee (ITC) composed of the NAMRIA, as the lead agency, the Bureau
of Soils and Water Management (BSWM), the Forest Management Bureau (FMB), the
Land Management Bureau (LMB), the Land Registration Authority (LRA), the Protected
Areas and Wildlife Bureau (PAWB), the Mines and Geosciences Bureau (MGB), the
Philippine Institute of Volcanology and Seismology (PHIVOLCS), DAR, the National
Water Resources Board (NWRB), DOE, NEDA and other concerned government
agencies/bureaus. The ITC shall be constituted, and the mapping program shall be
initiated, within thirty (30) days from the effectivity of this Act. The agencies mentioned
in this Section shall endeavor to finish their base mapping program within two (2) years
upon the effectivity of this Act.

The spatial and non-spatial data generated by these acti s shall be downloaded to
the LGU as soon as practicable. On the other hand, existing land information data
available to the national government agencies as of the effectivity of this Act shall be
immediately downloaded to the LGU.

For purposes of uniformity and standardization, the LGUs, to be assisted by the
appropriate agencies of the national government, shall likewise prepare their respective
territorial maps using scales, symbols, and other indicators to be prescribed in
accordance with this Act. The completed maps shall be integrated in the national
physical framework plan pursuant to Section 5 of this Act.

SECTION 26. 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 NLUC by the PHIVOLCS, the Philippine Atmospheric Geophysical
and Astronomical Services Administration (PAGASA), the NAMRIA, the MGB, the
BSWM, and the DOE, in coordination with the National Disaster Risk Reduction and
Management Council (NDRRMC), the Regional Disaster Risk Reduction and
Management Council (RDRRMC), 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, severe
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 in their respective CLUPs. Said geo-hazard maps shall serve as

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guide for all the LGUs in the preparation of their own hazards-constrained development
plans. The national physical framework planning, pursuant to Section 5 hereof, shall
incorporate these geo-hazard maps.

All infrastructure activities including real estates and subdivision projects and the
development of tourist spots requiring an Environmental Compliance Certificate (ECC)
shall be required to submit an Engineering Geological and Geo-hazard Assessment
Report (EGGAR).

SECTION 27. Scope and Nature of Responsibilities of Other National Government
Agencies. - All concerned national government agencies/bodies shall periodically report
to the NLUC on the various activities and accomplishments relative to land use.

Likewise, they shall provide their respective sectoral/development plans and render
technical and administrative support if called upon by the NLUC relative to the
implementation of the provisions of this Act.

SECTION 28. Submission of Annual Report on the Implementation of CLUPs. ~ The
C/MLUPC shall submit an annual report on the implementation of their land use plans to
the PLUPC, which shall integrate the same for submission to the RLUPC, which shall in
turn integrate the provincial reports for submission to the NLUC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

Article |
AGRICULTURAL LANDS

SECTION 29. Priority Areas for Agricultural Development. - Priority areas for
agricultural development shall be those agricultural areas covered under Republic Act
No. 6657 or the CARP, as amended, and those covered under Network of
Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD), defined in
Section 4 of this Act and in R.A. No. 8435 or the "Agriculture and Fisheries
Modernization Act".

SECTION 30. Conversion of Agricultural Lands. - Agricultural lands are deemed
converted to non-agricultural uses upon approval by the DAR of the application
for conversion. Prime agricultural lands and specific types of lands to the extent
necessary for attaining food self-sufficiency in rice and corn and food security in
other basic commodities, as determined by the DA, subject to mandatory public
hearings/consultations with the LGUs, the private sector, the NGOs, and POs, shall
be protected from conversion, which shall include but not limited to areas under the
NPAAAD: Provided, That all irrigated and irrigable lands, all lands developed or
possessing the potential for development of high value crops, and all agricultural lands
that are ecologically fragile and whose conversion will result in serious environmental

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32

33

35
36

37

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problems shall be given full protection from conversion, the areas under which are
subject to review every seven (7) years by the DA, with the mandatory public
hearings/consultations: Provided, further, That consistent with the State policy on giving
priority to the completion of the CARP, all lands subject to CARP including those lands
covered under the notice of compulsory acquisition/voluntary offer to sell, production or
profit-sharing, or commercial farm deferment shall also be protected from conversion
pending the distribution and installation of the farmer beneficiaries, but thereafter,
Section 22 of R.A. No. 9700 or CARP Extension law shall apply subject to the
applicable provisions of this Act, specifically on the exclusive approval by the DAR of
the application for conversion: Provided, furthermore, That the conversion of
agricultural lands for use of priority government projects for basic services such as,
but not limited to, irrigation and power shall be allowed only upon the recommendation
of the Secretaries of the DA and the DAR: Provided, finally, That the mapping of the
NPAAAD under the AFMA shall be completed within two (2) years from the effectivity of
this Act.

Lands defined under Section 10 of RA No. 6657 shall remain exempted and excluded
from the coverage of CARP.

SECTION 31. Sub-classification or Re-classification of Agricultural Lands by LGUs. -
Sub-classification or re-classification of agricultural lands to other uses under Section
20 of the LGC of 1991 shall exclude the protected agricultural lands as stated in
the preceding section. Moreover, such sub-classification/reclassification is not
synonymous to conversion. The DA and DAR shall provide the LGUs with complete list
and maps of protected agricultural lands within their territorial jurisdictions.

Article 2
FOREST LANDS AND WATERSHED MANAGEMENT

SECTION 32. Reversion of Alienable and Disposable Lands to Forestiands. - Upon the
recommendation of the Secretary of the DENR, duly reviewed and endorsed by
the NLUC, and after due consultations with the concerned LGUs and affected
parties, Congress may authorize the reversion of alienable and disposable lands of
the public domain or portion thereof to forestlands. Thereafter, said lands shall be
included in the preparation of land use plans within forestlands.

SECTION 33. Critical Watershed Areas. - The DENR, in coordination with the DA
LGUs, and other government agencies, including government-owned and-controlled
corporations, and with 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.

SECTION 34. Formulation and Implementation of Integrated Watershed Management
Plans. - In the absence of a law on the protection and sustainable management of our
forests, the LGUs through their local land use committees and upon mandatory public
hearings/consultations with the concerned sectors, and with the assistance of DENR,

30


waune

shall prepare their watershed management plans which _shall_ be integrated with their
respective CLUPs. The formulation and integration of the plan shall be guided,
among others, by the principle that the management and development of inland
water resources shall be at the watershed level. A nationwide mapping of watersheds
in the country shall be implemented.

In cases where the watershed areas transcend the boundaries of a particular
municipality, an inter-LGU committee composed of representatives from local land use
committees of the LGUs where the watershed area is located shall be formed. With the
assistance of the DENR and upon mandatory public hearings/consultations with the
concerned sectors, the inter-LGU committee shall formulate the watershed
management plan for the said watershed area.

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

The preparation of forest land use plans shall make use of the watershed as the basic
planning unit.

Article 3
COASTAL ZONE

SECTION 35. Criteria on the Allocation and Utilization of Lands within the Coastal
Zones. - The allocation and utilization of lands within the coastal zones shall be guided
by the following:

a) Areas vegetated with mangrove species shall be preserved for mangrove

production and shall not be converted to other uses;

b) Areas which meet all accepted criteria on elevation, soil type, soil
depth, topography, supply for successful fishpond development, and
are not identified as mangrove protected areas, shall be utilized for
aquaculture purposes;

Areas sub-classified as mangrove and still suitable for use as such, or due
to environmental conditions need to be preserved as mangrove, but is 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;
Areas accessible to the sea and identified for fisherfolk settlement
and housing shall be allocated to traditional fisherfolk who are inhabitants
of the coastal communities and members of legitimate _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 HUDCC;

Areas which are neither sub-classified as mangrove, fisherfolk settlement nor
fishpond may be devoted to recreational or tourism purposes: Provided,

©

d

e)

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That such undertaking will not result in environmental degradation and
displacement of small fishers;

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

g) Areas which have been allocated for small infrastructure needed
by fisherfolk shall be allowed; and
h) Areas which form part of foreshore lands as defined in this Act including

those which are under lease agreements or arrangements shall undergo
zoning and evaluation to determine their boundaries and actual sizes and
corresponding uses.

SECTION 36, Coastal Land Zone Sub-classification. - All public lands in the coastal
zones shall be sub-classified into any of the following: estuaries, lagoons, _inter-tidal
flats, mudflats, fishponds, mangroves, protection from tidal surge, for preservation of
biodiversity, habitats and sanctuaries for endangered wildlife, fisherfolk settlement, or
recreational/tourism areas. No sub-classification of coastal zones to different uses shall
be done without the following:

a) Conduct of a comprehensive resource and environmental assessment by the
DENR and respective LGUs and accredited NGOs and POs within their
jurisdiction; and

b) Prior consultation with the Local Fisheries and Aquatic Resource
Management Councils (FARMCs) formed under Republic Act No. 8550 or the
Philippine Fisheries Code.

SECTION 37. Zoning of Foreshore Areas. - Local government units, in coordination
with the DENR, shall conduct zoning of their respective foreshore areas to assist
government and community fishers identify priority areas for conservation and
development, and to enable them: to set targets for mangrove reforestation and
rehabilitation.

SECTION 38. Protection of Waterways Easements and Flood Plains. - Structures of any
kind shall not be built in waterways easements. Pursuant to PD 1067 or the Water
Code, the banks of rivers and streams and the shores of the seas and lakes throughout
their entire length and within a zone of three (3) meters in urban areas, twenty (20)
meters in agricultural areas and forty (40) meters in forest areas, along their margins,
are subject to the easement of public use only in the interest of recreation, navigation,
floatage, fishing and salvage.

The protection of flood plains shall adopt a river basin management approach in order
to come up with integrated flood mitigation interventions. Development within flood
plains and other flood-prone areas must be controlled or, if allowed, must be so
sited, constructed and serviced that life of occupants are not put at risk and that
disruptions during floods are minimal. The identification and characterization of flood-
prone areas and flood plains shall be an integral part of CLUP preparation. Through the


aun

CLUPs and zoning ordinances, LGUs shall establish land use regulations to
mitigate flood risks

The DPWH, in coordination with DOST and DENR, shall declare flood control
areas, as necessary, and prohibit or control activities that could damage or cause
deterioration of lakes and dikes, obstruct the flow of water, change the natural flow of
rivers, increase flood losses or aggravate flood problems pursuant to PD 1067.

Article 4
MINERAL LANDS

SECTION 39. Criteria for the Utilization and Allocation of Land for Mining Purposes. -
Consistent with Section 6 of this Act and the provisions of Republic Act No. 7942 or the
Mining Act of 1995, and to ensure that the objectives of maintaining ecological balance
and maximizing economic returns to mining operations are realized, the allocation and
utilization of lands for mining purposes shall be guided by the following

a) The principles of sustainable development and responsible mining;

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

c) Mineral reservations which have become non-operational for more than five
(5) years as determined by the MGB shall be placed under appropriate
surface management by the DENR;

d) Consistent with the Mining Act of 1995, areas closed to mining
operations shall be periodically reviewed through mineral exploration to be
undertaken by the DENR for the purpose of determining whether or not
their continued closure is consistent with the national interest and, if
warranted, recommend their reclassification as mineral lands

) Protection forestlands and agricultural lands shall be exempt from mining
activities to minimize the effect of natural calamities and to protect food
security respectively. The small to large scale mining operations shall yield
from and recognize the tenurial instrument given by the government such as
Original Certificate of Title (OCT), Transfer Certificate of Title (TCT), Certificate
of Ancestral Domain Title (CADT), Emancipation Patent - Certificate of Land
Ownership Award (EP-CLOA) and other instruments. If these be present, no
mining activity shall be conducted.

SECTION 40. Reversion of Mineral Lands. - All mineral lands with exhausted mineral
resources, as determined by the MGB upon the recommendation of the DENR,
shall revert to its original land classification, that is, as forestland or agricultural land.
In the case of forestlands, the DENR may classify such areas for other purposes in

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consultation with concerned LGU's, the Department of Tourism (DOT), and other
national government agencies.

Article 5
ENERGY RESOURCE LANDS

SECTION 41. Guidelines for the Utlization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution Purposes.
= To ensure that the objectives of maintaining ecological balance and maximizing
the power potential from indigenous energy resources in the most economical and
environmentally-acceptable means are realized, the allocation and utilization of lands
for said purposes 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 a
National Energy Resource Inventory and Data Base as well as Energy Resource
Block Map shall be allowed subject to the implementation of complementary
watershed and other land management plans;

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

c) 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 released to give way to other land uses, subject to
existing laws covering energy reservations;

SECTION 42. Reversion of Energy Resource Lands. - All exhausted indigenous
energy resource lands not covered by proclamations shall automatically revert to the
category of forestlands or agricultural lands open to disposition, whichever is
appropriate. 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.

CHAPTER VII
SETTLEMENTS DEVELOPMENT
SECTION 43. Town, City, and Settlements Development. - The development of town,

city, and settlements through the zoning ordinances of cities and municipalities shall
be guided by CLUPs and urban zoning standards designed to maximize existing

34


urban spaces. Socialized housing and settlement areas shall be established only on
alienable and disposable lands in order to avoid further degradation of forestlands.

SECTION 44. Settlements Within Geo-hazard Areas. - Settlements, in particular
housing or residential developments, within geo-hazard areas may be allowed
provided that mitigating and/or protective measures are adopted to address the
potential danger or risk to lives and property within such settlements. In
coordination with the concerned agencies of the government, the LUPC shall provide
assistance to concerned LGUs and _ settlers in instituting safety and corrective
measures to address the potential danger or risk.

Residential zones as designated in the CLUP shall be considered as outside the geo-
hazard areas. For this purpose, housing projects within such areas shall be
exempted from the ECC as_well asthe Engineering Geological and Geo-hazard
Assessment Report (EGGAR) and maybe implemented without the need for any further
certificate of exemption from the DENR or any other government regulatory agency.

SECTION 45. Designation of Sanitary Landfill. - Each city or municipality shall
identify, designate and allocate an area within their territorial jurisdiction to serve as
sanitary landfill within one (1) year from the effectivity of this Act. The LGUs, in
coordination with the DENR or any other competent authority, shall identify sanitary
landfill in order to fast-track the conduct of environmental impact assessment
study and to facilitate processing of the environmental compliance certificate. The
site or area shall be identified in the city or municipality's CLUP. For this purpose,
cities and municipalities shall establish their solid waste management program,
pursuant to R.A. No. 9003, otherwise known as the "Ecological Solid Waste
Management Act of 2000". Likewise, as provided under Section 33 of the LGC,
cities and municipalities may, through appropriate ordinances, bind themselves
towards the establishment of a common solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in coordination with
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 LUPC for review and approval

SECTION 46. Designation and Zoning of Socialized Housing Zones. - Each city or
municipality in urban, urbanizable and rural areas shall designate through the
CLUP adequate lands for housing or residential purposes, including socialized
housing and resettlement areas for the immediate and future needs of the local
population as well as the underprivileged and homeless in their territory, pursuant
to existing laws and regulations. In order to ensure adequate availability of land for
the housing needs of the local population, the CLUP shall be updated, at maximum,
every ten (10) years for provinces, cities and municipalities, except if an earlier
amendment or revision of the CLUP is authorized by the NLUC due to 11 extraordinary
causes.


ae

36

7
38

39

The designated sites for socialized housing shall be located in residential zones, and
shall be zoned as socialized housing zones that are integrated in the city or
municipality's zoning ordinance, pursuant to existing laws and regulations.

Fisherfolk settlements and housing in coastal municipalities shall be zoned near the sea
for easy access to their livelihood as provided under Section 36 (b) of this Act.

The housing or residential lands designated in the CLUPS and ZOs of cities and
municipalities shall, on one hand, not be subject to further land reclassification by
the LGU or land conversion procedure under DAR. On the other hand, agricultural
lands as designated in the CLUP which are no longer economically feasible for
agricultural use may be subject to land reclassification or conversion to
housing/residential purposes and such conversion, as the case may be, shall be
exempt from the coverage of any moratorium on land conversion.

SECTION 47. Urban Forest or Green Space. - Each city or highly urbanizing
municipality shall identify, designate, and allocate lands owned by the city
or municipality as urban forest or green space based on the guidelines and standards
to be issued by the DENR and approved by the NLUC.

CHAPTER VIII
INDUSTRIAL DEVELOPMENT AREAS

SECTION 48. Criteria for Designating industrial Development Areas. -
The identification and establishment of industrial development areas shall conform with
the provisions of R. A No. 7916, or the Philippine Economic Zone Authority (PEZA) Act,
RA No. 6657 or the Comprehensive Agrarian Reform Program, (CARP) Act, as
amended by R.A. No. 9700 or the Comprehensive Agrarian Reform Program with
Extension and Reforms Act (CARPER), R.A. 8371 or the Rights Act Indigenous
Peoples (IPRA), RA. No.7279 or the Urban Development Housing Act (UDHA), and RA
No. 8435 or the Agriculture and Fisheries Modernization Act (AFMA), taking into
consideration the following:

a) Identified network of areas for agricultural development and protected agricultural
areas pursuant to the AFMA;

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

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

d) National Protected Areas System (NIPAS) and non-NIPAS areas that require
protection;

e) National and Urban Development and Housing Framework;

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24
25
26
20

28
29
30
31
32
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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 become an integral part of the land
use plan and zoning ordinance of the city or municipality where these areas are
located.

CHAPTER IX
TOURISM DEVELOPMENT AND HERITAGE AREAS

SECTION 49. Designating Tourism Development Areas. - The identification, selection,
and development of tourism development areas, tourism estates and tourism
enterprise zones (TEZs) shall be done in consultation and coordination with
the concerned LGUs, the TIEZA and concerned national government agencies, the
private sector, and the affected communities, subject to the provisions of R.A. No.
9593 or Tourism Act of 2009. Tourism development areas shall likewise include
those covered by legislative and executive issuances 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 inter-regional tourism, and area
specific tourism master plans and other sector plans such as ecotourism and agri-
tourism sites.

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

Lands identified as part of a TEZ shall qualify for exemption from the coverage of
Republic Acts 7279 and 6657 subject to rules and regulations to be crafted by
the TIEZA, HUDCC, DAR and DA: Provided, That a certificate shall be obtained
from DA that said lands are no longer economically feasible and sound for agricultural
purposes, consistent with Section 30 of this Act.

SECTION 50. /dentification and Declaration of Areas for Protection, Conservation and
Preservation of Cultural Heritage. - Pursuant to R.A. No. 10066, the National
Historical Commission of the Philippines (NHCP) and/or the National Museum in
coordination with National Commission for Culture and the Arts (NCCA), HLURB and
other concerned agencies, local communities, and the private sector, shall identify
declared areas and structures which shall be protected and/or preserved as
part of the Philippine cultural heritage.


The LGUs in coordination with the NHCP, the NCCA and the Cultural Center of the
Philippines (CCP) shall designate historical zones to protect the historical integrity
of said geographical areas and cultural space of intangible cultural properties.

CHAPTERX
INFRASTRUCTURE DEVELOPMENT

SECTION 51. 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 NEDA, in
consultation with the concerned national government agencies, LGUs, and the
private sector shall identify and periodically review, update and/or revise the list of
priority infrastructure projects subject to Sections 6 and 30 of this Act, and Section
47 of R.A. No. 8435 or AFMA. 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 economy with priority
on improving rural infrastructure and the development of the agriculture and fisheries
sectors;

(b) Upgrade existing facilities to international standards;
(c) Address the need for sustainable settlements development; and

(d) Help 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 hearings/consultations pursuant to existing laws and regulations
shall be held prior to the conduct of all infrastructure projects that will necessarily
involve dislocation or displacement of people in the area: Provided, further, That
the proponent of the infrastructure project shall follow the rules on just and humane
eviction or demolition under Section 28 of R.A. No. 7279 or the Urban Development
Housing Act (UDHA), notwithstanding the provisions of Republic Act No. 8975,
prohibiting lower courts from issuing temporary restraining orders, preliminary
injunctions, or preliminary mandatory injunctions, and proponent shall follow IPRA:
Provided. finally, That national government infrastructure projects shall allocate budget
for the adequate relocation of displaced communities.

SECTION 52. Infrastructure Projects Within Geo-hazard Areas. - Construction of
priority infrastructure projects within hazard-prone areas shall be allowed: Provided,
That mitigating and/or preventive measures are adopted to address the potential
adverse economic, socio-cultural, and environmental impacts that will emanate
from these infrastructure projects, subject to the findings and recommendations

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35

of a feasibility study/environmental impact assessment in accordance with
Presidential Decree No. 1586, Establishing An Environmental Impact Statement
System, Including Other Environmental Management Related Measures, — and
R.A. No. 4846 or the Cultural Properties Preservation and Protection Act, as
amended by Presidential Decree No. 374.

Existing projects that did not go through the process of an environmental impact
assessment and pose threats to the environment, integrity of historic, archeological, or
scientifically significant areas; or are impinging on critical ecosystems, may be:
(a) terminated immediately, (b) required to implement an — Environmental
Management Plan; (c) gradually phased-out and relocated, or (d) 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.

CHAPTERXI
TRAINING, EDUCATION, AND VALUE FORMATION

SECTION 53. Value Formation. - In order to create a well-informed, responsible
and committed citizenry who values the protection, conservation and development
of the country's limited land, and other physical resources, the State shall
mandate the inclusion of sustainable land use education or any subject
related thereto in the curricula of primary, secondary and tertiary education.

SECTION 54. Information and Education Campaign. - The NLUC shall undertake a
nationwide education information campaign in land use and physical planning to
be implemented by local and national government agencies. The DILG and
concerned agencies shall formulate and implement a land use management
capability-building program for national and local government officials, community
leaders, NGOs, POs, religious sector, and the general public: Provided, That it shall
be mandatory for local government officials involved in the preparation of CLUPS
and PPFDP, including the municipal, city and provincial development officer to attend
the Land Use Management Capability-Building Program.

CHAPTER XII
INCENTIVES, SANCTIONS, AND PENALTIES

Article 1
INCENTIVES AND AWARDS

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SECTION 55. Formulation of a System of Incentives and Awards. - The NLUC shall
come out with a system of incentives and awards to LGUs that regularly update
their CLUPs within the prescribed period, as follows:

(a) Provinces, Highly Urbanized Cities, and Independent Component Cities
once every nine (9) years; and
(b) — Component cities and municipalities once every nine (9) years.

SECTION 56. Priority in Giving Technical Assistance to LGUs. - In providing technical
assistance and other forms of support related to land use management and the
implementation of development plans, the national government agencies shall
give priority to cities and municipalities with approved CLUPs.

Article 2
SANCTIONS AND PENALTIES

SECTION 57. Fine for Non-Completion and Non-Commencement of Development of
Agricultural Lands with Approved Order of Conversion. - A landowner and his/her
designated developer or duly authorized representative who fails to commence and/or
complete the development of agricultural lands with approved order of conversion shall
be penalized, jointly or severally, with any of the following fines based on the
zonal value of the land at the time the fine is imposed:

a. On failure to commence within one year from the date of conversion order:

(1) Six percent (6%) of the zonal value of the subject land for the first three (3) hectares
(2) Fifteen percent (15%) of the zonal value of the subject land for the next three (3)
hectares, and

(3) Thirty percent (30%) of the zonal value of the subject land for the remaining area:
Provided, That the order of conversion shall be deemed revoked automatically and
the land shall revert to its original agricultural use and covered by the DAR
through compulsory acquisition for distribution to qualified beneficiaries.

b. On failure to complete fifty percent (50%) of the approved conversion plan within a
specified time frame. Fifty percent (50%) of the zonal value of the subject land and
the revocation of the conversion plan on the undeveloped portion which shall
automatically revert to its original use as agricultural land. The same shall be
covered under the CARP and processed for land distribution as soon as possible.

SECTION 58. Authority to Impose Fine. - DAR shall impose the penalty provided for
under the preceding section.

SECTION 59. Withdrawal of Local Development Permits or Licenses. - Upon receipt of
notice from the DAR, the concerned agencies and the city or municipality shall withdraw
or revoke any development permit and other licenses that may be necessary to
develop the agricultural land subject of conversion:


39

SECTION 60. Utilization of Fines. - The fines collected under Sections 57, 62 and
63 hereof shall automatically accrue to the Agrarian Reform Fund consistent with
the provisions of the CARP, as amended.

SECTION 61. Failure to Formulate, Enforce, and/or Implement the CLUPs. — Consistent
with due process, the DILG shall investigate, review, and impose appropriate
action, regarding local chief executives and other local officials and employees
responsible for the formulation, enforcement, and/or implementation of the CLUPs in
case of any of the following

(a) Failure to implement and enforce the CLUP due to negligence of duty;

(b)Failure to provide appropriate budgetary allocation to effect its
implementation; and

(c) Failure to complete the preparation of the CLUP despite the availability of funds,
resources, and support by the sanggunian concerned.

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

1. Six (6) to nine (9) months, in case of non-implementation of CLUP; or
2. Three (3) to six (6) months, in case of non-completion of the CLUP.

SECTION 62. Person(s) Abetting Illegal Conversion. - Any person initiating, causing,
inducing, or abetting illegal conversion shall, upon conviction, be imprisoned
from seven (7) to twelve (12) years and imposed a fine of not less than One
hundred thousand (P100,000.00) pesos, or both at the discretion of the court:
Provided, That if the offender is a public official or employee, whether elected or
appointed, the penalty shall, in addition thereto, include dismissal through
permanent separation from the service and 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: Provided, further, That 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. and the fine shall be equivalent to
the zonal value of the land or forty percent (40%) of the shareholders equity, as
determined at the time of judgment whichever is higher, plus forfeiture of the land in
favor of the State for sale though public auction, the proceeds of which shall
automatically accrue to the Agrarian Reform Fund as provided for in Section 60 of
this Act.

SECTION 63. 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 of protected agricultural areas into
non- agricultural uses and exceeding the limits set forth under Section 20 of the LGC
of 1991, shall be penalized with imprisonment of twelve (12) years and a fine of not
less than One hundred thousand (PI00,000.00) pesos, or both at the discretion of
the court: Provided, That if the offender is a public official or employee, the
penalty shall, in addition thereto, include dismissal through permanent separation
from the service, whether elected or appointed, and forfeiture of entitlements
accruing to the public position, and perpetual disqualification to run or apply for any
elective or appointive public position: Provided, further, That 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.

SECTION 64. Payment of Disturbance Compensation. - Following the order of priority
as enumerated in Section 22 of the CARP, as amended, qualified beneficiaries such
as 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-mentioned 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 last five (5) preceding calendar years or a
certain percentage of the converted land, whichever is higher, as determined by the
DAR.

CHAPTER XIII
TRANSITORY AND FINAL PROVISIONS,

SECTION 65. Convening of the NLUC. - Within thirty (30) days from the effectivity of
this Act, the President shall convene the NLUC.

SECTION 66. DAR Conversion of Agricultural Lands. - The authority of DAR to
convert agricultural land for non-agricultural uses shall be in existence until June
30,2014 or the expiration of Republic Act No. 9700, otherwise known
as the "Comprehensive Agrarian Reform Program with Extension and Reforms Act
(CARPER)". In which case, such authority shall be automatically transferred to the
DA by virtue of this Act.

SECTION 67. Implementing Rules and Regulations. - Within six (6) months from the
effectivity of this Act, the NLUC shall promulgate the rules and regulations to implement
the provisions of this Act. Said rules and regulations shall be submitted to the
Congressional Oversight Committee for approval

SECTION 68. Congressional Oversight Committee on the Land Use Act. - There is

hereby created a Congressional Oversight Committee which shall monitor
the implementation of this Act. It shall be composed of seven (7) members from the

a


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Senate and seven (7) members from the House of Representatives. The Chairpersons
of the Senate Committee on Environment and Natural Resources and the
House of Representatives Committee on Natural Resources shall be the Chair and Co-
Chair of the Congressional Oversight Committee, respectively. The other members
from the Senate shall be appointed by the Senate President based on proportional
representation of the parties or coalitions therein with at least one (1) senator
representing the minority. The other members from the House of Representatives
shall be appointed by the Speaker also based on proportional representation of the
parties or coalitions therein with at least one (1) member representing the minority.

The secretariat of the Oversight Committee shall be drawn from the existing
secretariat personnel of the committees comprising the oversight and the funding
shall be taken from the appropriations of both the Senate and the House of
Representatives.

SECTION 69. Appropriations. - The appropriations for the National Land
Use Commission shall be taken from the budget of the Office of the President in the
General Appropriations Act in the year following the effectivity of this Act shall be used
to carry out the initial operations of the National Land Use Commission. Thereafter,
additional sums as may be necessary for the full implementation of NLUC's
functions shall be included in the annual General Appropriations Act.

SECTION 70. 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 set forth under this Act
within three (3) years from the effectivity of this Act.

SECTION 71. Repealing Clause. - All republic acts, executive orders, rules
and regulations, and other issuances, or parts thereof, that are inconsistent with
the provisions of this Republic Act are hereby repealed or modified accordingly.

SECTION 72. Non-impairment Clause. - Nothing in this Act shall be construed as
to diminish, impair, or repeal rights recognized, granted, or available to
marginalized or basic sectors under existing laws including but not limited to
Republic Act Nos. 7279, 6657, 8371, and 8550,

SECTION 73. Separability Clause. - If for any reason or reasons, any part or provision
ofthis Act shall be declared or held to be unconstitutional or invalid other parts or
provisions hereof, which are not affected thereby shall continue to be in full force
and effect.

SECTION 74. 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,

B