Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.__2801

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

EXPLANATORY NOTE

The importance of land as a natural resource cannot be disputed. It is for this
reason that Congress in the past had deemed it wise to enact legislation aimed at
promoting sound land use. While previous efforts of various sectors and stakeholders to
sustainably manage and exploit land resources have been commendable, the
ostensible absence of a national land use policy has made it difficult for the country to
achieve a rational, holistic and just allocation of its vast land resources

The proposed Bill thus envisions to cure this deficiency by establishing a national
land use policy which will serve as the principal framework for land use and
management in the Philippines. Towards this end, the proposed Bill shall mandate the
formulation of a National Framework for Physical Planning (NFPP) to serve as the
general long term guideline for the spatial development directions of the entire country
and to provide analytical parameters for the planned allocation, use and management of
the country's land and other physical resources.

In the same manner, the proposed Bill will standardize the classification of land
based on its several uses, i.e., protection land use, production land use, settlements
development and infrastructure development, so that programs can be devised
according to the specific requirements of each


Finally, considering the scope of the Bill's initiatives, local government units are
enjoined to assist the national government in implementing the policies set forth therein
in the hope that the benefits sought by the same are delivered to the grass root level.

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

DIOSDADO Bush. ARROYO GLORIL. \CAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.__2804

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

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

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Title. - This Act shall be known and cited as the "National Land Use
Act of 2013."

SECTION 2. Declaration of Policies and Principles. — It is hereby declared to be
the policy of the State to provide for a rational, holistic and just allocation, utilization,
management, and sustainable development of the country's land resources to ensure
their optimum use.

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

a. Sustainable and just management and utilization of natural
resources;
b. Maintenance and preservation of environmental integrity and

stability;


c. Food security in basic food commodities with emphasis on
self-sufficiency in rice and corn production through efficient and
sustainable use of land resources consistent with the principles of sound
agricultural development, natural resources development, and agrarian
reform;

d. Protection of prime agricultural lands for food production
activities and highest priority to the completion of the Comprehensive
Agrarian Reform Program (CARP);

e. Sustainable development and management of water
resources towards water security;

f. Rational population distribution and _ settlements
development;

g. __ Spatial integration that links consumption and production
areas to achieve physical and economic integration through appropriate
infrastructure systems;

h. Equitable and sustainable economic growth and balanced
and dispersed industrial and tourism development guided by the principles
of agrarian reform, urban land reform, and rural development,

i. Private-public partnership where government provides the
appropriate policy, legal and institutional framework to guide the private
sector's management of resources;

j Harmony between the rights and the varied interests of
every Filipino within the framework of people empowerment,
decentralization, social justice, and equity;

k. Respect for and protection of the sustainable traditional
resource right 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;

|. ___ Protection of the right of basic sectors to equitable access to
the country’s land and other resources through State regulation of land
valuation to prevent uncontrolled land speculation resulting in tremendous
increase in land pricing;


m. Protection, conservation and preservation of the Filipino
historical and cultural heritage and resources for the deeper
understanding of our history and culture as a people;

n. Attainment of energy security or energy self-sufficiency
through sustainable and priority development of indigenous energy
resources;

0. An integrated approach to the utilization, allocation,

development and management of water as a limited resource to
complement and support sustainable land utilization; and

Market orientation where the interplay of market forces
within the framework of ecological and intergenerational factors is
encouraged and adopted as the basic parameter in achieving efficiency in
land use and allocation.

It is 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 Constitution and the
1991 Local Government Code (RA 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 shall be held
responsible for developing and conserving their lands thereby making their lands
productive and supportive of environmental stability.

SECTION 3. Scope. — The provisions of this Act concerning the use, management
and development of land resources shall apply to all lands whether public, private,
government-owned, and/ or in the possession of individuals, communities, indigenous
peoples, or groups of people.

CHAPTER II
DEFINITIONS

SECTION 4. Definitions. — As used in and for purposes of this Act, the following
terms shall be construed to mean as follows:

a. “Agricultural land” shall refer to lands devoted to or suitable
for the cultivation of the soil, planting of crops, growing of fruit trees,
raising of livestock, poultry, fish or aqua-culture production, including the
harvesting of such farm products, and other farm activities and practices
performed in conjunction with such farming operations done by persons


whether natural or juridical and not classified by law as mineral land, forest
land, residential land, commercial land, or industrial land;

b. "Agricultural land use conversion” 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 Land Reform (DLR);

c.  “Alienable and disposable (A&D) lands” shall refer to lands
of the public domain which have been delineated, classified, and certified
to by law or pursuant to the Land Classification Program of the
Department of Environment and Natural Resources (DENR) as
agricultural lands open to 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. "Comprehensive Land Use Plan (CLUP)” shall refer to a
document embodying a set of policies, accompanied by maps and similar
illustrations, which serves as the principal basis for determining the future
land use of lands and natural resources 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
three (3) terms of local elective officials.

f, "Coastal Arid 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, nip 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;

g. "Critical watershed" shall refer to a watershed supporting
existing and proposed hydro-electric power and irrigation works needing


immediate rehabilitation as it is being subjected to fast denudation causing
accelerated erosion and destructive floods;

h. "Cultural heritage" shall refer to the totality of cultural
properties preserved and developed through time and passed on for
posterity;

i "Development plan” shall refer to a document that defines
the activities or measures that the national government or 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 spatial plans
such as 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;

“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 system;

k. "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;

| “Energy resource lands" shall refer to lands where naturally
occurring or indigenous energy resources exist;

m. “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;

n. “Environmentally critical areas” shall refer to areas declared
by law as: (i) areas for natural parks, watershed reserves, wildlife
preserves, and sanctuaries; (ji) areas set aside as aesthetic potential
tourist spots; (iii) areas which constitute the habitat of any endangered or


threatened species or indigenous Philippine wildlife flora and fauna); (iv)
areas of unique historic, archaeological, or scientific interests; (v) areas
which are traditionally occupied by ICCs/IPs; (vi) areas with critical slopes;
(viiJareas frequently visited and/or hard hit by natural calamities (geologic
hazards. floods, typhoons and volcanic activities); (vili) prime agricultural
lands; (ix) recharge areas of aquifers; (x) water bodies; (xi) mangrove
areas; (xii) coral reefs; (xiii) mossy and virgin forests; (xiv) rivers and river
banks; (xv) swamp forest and marshlands; and (xvi) 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;

0. "Exhausted mineral resources" shall refer to a situation
where the mineral resources in specific sites are no longer in sufficient
quantity or quality to justify additional expenditure for extraction or
utilization;

. "Food security" shall refer to the policy objective of meeting
the food availability, accessibility, 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;

"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;

r. _ "Forestlands" shall refer to lands of the public domain which
have been classified or declared as such and all unclassified lands of the
public domain;

s. “Foreshore land" shalll refer to a string of land margining a
body of water, the part of a seashore between the low-water line usually at
the seaward margin of a low tide terrace and the upper limit of wave wash
at high tide usually marked by a beach scarp or berm;

t.  "Geo-hazards" shall refer to natural and man-induced
geological processes that have potential to cause destruction and pose a
threat or risk to man's life and property;


u. —"Disaster-prone areas or geo-hazard areas" shall refer to
areas frequently visited and/or vulnerable or prone to experience
weather/climatic, hydrologic, geologic, and other natural calamities;

v. “Indigenous Cultural Communities/Indigenous Peoples
(ICCs/Ps)" shall refer to groups of people or homogenous societies
identified under the IPRA;

w. “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”,

x. "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;

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

& “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;

aa. "Land use” shall refer to the manner of utilization of land,
including its allocation, development, and management;

bb. “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;

cc. “Land Use Policy Council" shall refer to the administrative,
policy-making, regulatory, and quasi-judicial body created under
Section14 this Act;

dd. "Mandatory public hearings/consultations” shalll refer to the
mechanism to ensure the involvement of affected sectors in land use
planning from the local to the national level. It involves giving notice of
hearing/consultation to affected sectors through publication, or posting in


conspicuous places, conduct of a reasonable number of hearings, and
solicitation of positions and the public presentation and validation of the
planning results before the final adoption of the plans;

ee. "Mineral exploration" shall refer to the systematic searching
or prospecting for mineral resources including energy resources;

ff. "Mineral lands" shall refer to lands where mineral resources
are found;

gg. “Multiple use of land resources" shall refer to the utilization
or management strategy for forest lands, which allows any activity thereat,
involving one or more of its resources, depending on the result of prior
evaluation on its numerous beneficial uses, that will produce the optimum
benefits to the development and progress of the country and the public
welfare without impairment or with the least injury to its other resources;

hh. "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; al 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;

ii. "Physical framework plans" shall refer to the national,
regional or provincial indicative plans embodying both policies and
strategies that are prepared by the national, regional and provincial land
use policy councils, respectively, to guide the desired direction and growth
and to promote and advance appropriate resource utilization as a way of
sustaining food security, promoting people's welfare, protection of
environment;

"Premature OY illegal conversion" shalll 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 DLR Secretary;

kk. "Prime agricultural land" shall refer to all irrigated areas, all
irrigable lands already covered by irrigation projects with firm funding
commitments; all alluvial plain land highly suitable for agriculture whether
irrigated or not; ago-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-
temperature 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;

| "Production land use" shall refer to the direct and indirect
Utilization of land to generate outputs resulting from the following activities
agricultural, fish farming or aquaculture, timber or agro-forestry, grazing
and pasture, mining, indigenous energy resource development, industry,
and tourism;

mm, “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,

nn. “Protection land use" shall refer to the use of land primarily
for rehabilitation, conservation, and protection purposes and the promotion
of the country's ecological and life-support systems;

00. “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;

pp. "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;

qq. "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 sub-classification for classified


lands of the public domain and also includes the reversion of non-
agricultural lands to agricultural use;

rr, "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);

ss. "Settlements" shall refer to communities or built-up
environment areas where people prefer to live in;

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

uu, "Shoreline" shall refer to a strip of land covering at least one
(1) kilometer from the point where sea water reaches during the highest
high tide;

w. "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;

ww. "Socialized housing zones" shall refer to lands identified and
designated by LGUs as sites for socialized housing pursuant to Article IV
of the UDHA and its implementing guidelines;

xx, "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, efficiency, and
environmental integrity;

yy. "Tourism development areas" shall refer to specific sites for
tourism development located in areas identified as priorities in the national
and 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 i.e., 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;

zz, ‘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
necessxy infrastructure. The estate shall be under one unified and
continuous management;

aaa, ‘Tourism ecozone” shall refer to tourism development areas
which have been granted Special Economic Zone status, through PEZA
registration and issuance of the required Presidential Proclamation, with
its metes and bounds delineated by said Proclamation, pursuant to RA
7916, as amended;

bbb. "Tourist spot” shall refer to a particular arealsite/spot, man-
made or natural, known for its unique tourist/visitor- drawing attributes and
activities. It may be classified according to its social, cultural, natural,
historical, scientific, religious, and recreational significance;

ccc. "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 and the Philippine Tourism
Authority. A tour& 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;

ddd, ‘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;

eee. “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
(S)years;


ff. "Urban forestry or green space" shall refer to the
establishment or setting-up of areas for mini-forest or small nature parks,
lining roads and highways with trees, shrubs, or ornamental plants, and
ground landscaping of schools, hospitals, and other government agencies
in order to improve the environment in urban areas;

ggg. “Water security" shall refer to the sufficient access
throughout the year to the minimum daily requirement of clean water to
maintain a healthy life;

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

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

"Zoning" shall refer to the regulatory tool for delineating the
specific uses of lands in accordance with the approved CLUP within the
territorial jurisdiction of a city or a municipality and specifying the
conditions for their regulation; subject to the limitations imposed by law
and competent authority; and

kkk, "ZO or zoning ordinance" shall refer to a local law passed by
the sangguniang pambayan 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 thereon within the territorial jurisdiction of a city or municipality.
It incorporates the protected areas under Section 12(b) and the protected
agricultural lands under Section 29 hereof.

CHAPTER III
PHYSICAL FRAMEWORK AND LAND USE PLANS

SecTION 5. National Framework for Physical Planning. — The Land Use Policy
Council (LUPC) created pursuant to Section 14 herein, in consultation with concerned
sectors and after the conduct of public hearings, shall formulate, periodically update and
ensure the implementation of the National Framework for Physical Planning (NFPP) that
shall serve as the general long-term framework for the spatial development directions of

12


the entire country and provide the analytical parameters for the planned allocation, use
and management of the country's land and other physical resources. The NFPP shall be
the basis for adopting 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.

SECTION 6. 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 NFPP, 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 settlement development, production
land use, protection land use and infrastructure development. The Regional Physical
Framework Plans (RPFPs) and, consequently, the Provincial Physical Framework Plans
(PPFPs) and Comprehensive Land Use Plans (CLUPs), which cover the physical
development of their respective territories, shall be consistent with the NFPP; provided,
that the integration and harmonization of physical framework plans at all levels shall be
integrative to ensure that the concems of both top and bottom levels of government are
considered in the NFPP, RPFPs, PPFPs and CLUPs. The physical and land use plans
prepared at all levels shall have internal consistency specifically on the linkages of the
major land use categories to ensure their complementation in the utilization,
development and management of resources.

SECTION 7. City and Municipal Land Use Plans. - The City/Municipal Planning
and Development Office, in consultation with concerned sectors through mandatory
conduct of public hearings, 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. Guided by the PPFP, the
CLUP shall embody the desired land use patterns and mixes of the city or municipal
territory and provide appropriate policies for each of the four land use planning
categories that shall guide and serve as framework for more detailed development and
sectoral planning: provided, that, jointly with the DENR and the Department of
Agriculture (DA), barangays located within public forestlands shall prepare a
comprehensive barangay land use plan (BLUP), which shall guide the local residents on
the uses, management, development, and accountability over areas determined in the
plan as multiple-use zones for settlements development, low impact agriculture, and
agroforestry purposes, including those areas that need community management and
protection as production ioiestlands or protection forests: provided, however, that the
preparation of management plans for protected areas shall be in accordance with the
provisions of R.A. No. 7586 or other laws establishing or declaring a specific area as a
permanent component of the NIPAS. The BLUPs for areas within public forestlands
shall be integrated in the CLUP, subject to consultation with the concerned
City/Municipal Land Use Planning Office.

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 8, Provincial Physical Framework Plans. - In consultation with
concerned sectors, the Provincial Planning and Development Office shall prepare the
PPFP to determine the physical development of the entire provincial territory,
consolidating and harmonizing the land use plans of component cities and
municipalities, and defining the uses of land and other resources within the province
consistent with the policies in the RPFP. It shall submit the PPFP to the Provincial Land
Use Policy Council, created under Section 20 of this Act, for review and endorsement to
the Sangguniang Panlalawigan, which shall adopt the same pursuant to Section 468 (2)
(vii) of the LGC.

SECTION 9. 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 RPFP, 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 NFPP, to guide detailed physical,
socio-economic, sectoral and investment planning,

CHAPTER IV
FRAMEWORK FOR LANDUSE 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,
agro-forestry and extraction activities and other income-generating or livelihood
activities may be allowed: provided, that multiple uses of land resources shall be in
accordance with priorities in land 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, the following, among
others, shall be considered:

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

b. Geology, geomorphology, geologic hazard, climate, soil and
slope;

c. Economic, environmental, social and related development
activities;

d. Existing government policies on land and natural resources

allocation, utilization, management and disposition;
e. Technological changes/ advancement; and

f, Existing customary rights for the protection of indigenous
peoples and vulnerable groups including women and urban poor.

SECTION 13. Categories of Land Uses for Planning Purposes. ~ In determining
and defining the NEPP, RPFPs, PPFPs, and CLUPs, land uses shall be grouped into
four (4) major functional uses as follows:

a. Protection Land Use shall refer to the use of land primarily
for rehabilitation, conservation, and protection purposes and the promotion
of the country's ecological’ and life-support systems. Planning for
protection land use intends to achieve environmental stability and
ecological integrity, ensure a balance between resource use and the
preservation of some areas with environmental, aesthetic, educational,
cultural and historical significance, aid protect people and man-made
structures from the ill-effects of natural hazards. Areas under this category
are those under the coverage of Republic Act No. 7586 or the National
Integrated Protected Areas System (NIPAS) law and other coastal and
marine protected areas; those areas outside NIPAS but nonetheless
require protection because of their outstanding physical and aesthetic
features, anthropological significance, and biological diversity; and those
areas prone to natural hazards. Areas outside the coverage of the NIPAS
law include, but are not limited to the following:

a.1. Reserved second growth forests above 1,000
meters in elevation and those 50% in slope gradient;


a2. Mangrove and fish sanctuaries, pursuant to
Republic Act No. 8435 and Republic Act No. 8550;

a3. Buffer zones or strips/easements, pursuant to
P.D. No. 705 and P.D. No. 1067;

a4. Salvage zones along foreshore areas,
freshwater swamps and marshes, plazas and
heritage/historic sites, pursuant to P.D, No. 2146;

a.5. Watersheds or sources of domestic supply;

a6. Utility easement like transmission lines of
power companies, oll and gas facilities, cell sites, and
domestic water lines; or

a.7. Amenity areas or those with high aesthetic
values, pursuant to P.D. No. 2146.

a8 Natural and man-made areas/sites of cultural,
historical and anthropological significance, which are
declared as such by internationally recognized organizations
and concerned national agencies.

b. Production Land Use shall refer to the direct and indirect
utilization of land resources for crop, fishery, livestock and poultry
production, agroforestry, mining, industry, energy development, and
tourism. 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, fishponds, and fish cages, coastal and
marine zones, production forest which comprise lands 18% to 50% in
slope gradient such as: residual dipterocarps, rangelands for grazing
purposes, industrial tree plantation/IFMA, community based agro-forestry
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


settlement development plan ensure 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 seeks to provide basic services
and foster economic and other forms of integration necessary for
producing or obtaining the material requirements of Filipinos, in an
efficient, responsive, safe and ecologically friendly built environment. It
covers these sub-sectors: transportation, communications, indigenous
energy exploration and development, water resources, and social
infrastructure. Provided, that the determination of functional uses of lands
within ancestral domains shall consider traditional resource and
management systems that do not endanger the lives and property of the
local community and neighboring areas or increase | the vulnerability of
the natural environment to the effects of natural and man-induced
geological processes

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

Article 1
Land Use Policy Council

SECTION 14. Creation of the Land Use Policy Council (LUPC). — The LUPC is

hereby created. It shall exercise the powers and responsibilities of the National Land
Use Committee (NLUC) and the powers and functions vested by law to the Housing and
Land Use Regulatory Board (HLURB) pertaining to land use planning. The LUPC shall
act as the highest policy making body on land use and resolve land use policy conflicts
between or among agencies, branches, or levels of the government, It shall integrate
efforts, monitor developments relating to land use and the evolution of policies, and

regulate and direct land use planning processes.

SECTION 15. Composition of the LUPC. - The LUPC shall be composed of
sixteen (16) members, as follows:

a. The Secretary of Socio-Economic Planning as Chairperson;

b. The Secretaries of Environment and Natural Resources and
Agriculture as Vice-Chairpersons;


C. The Secretaries of Land Reform, Trade and Industry, Public
Works and Highways, Transportation and Communications, Tourism,
Interior and Local Government, Justice, Transportation and
Communication and Energy; The Chairperson of the Housing and Urban
Development Coordinating Council; and

d. A representative each from four (4) basic sectors directly
involved in land use, namely: urban poor, 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). Two sectoral representatives shall be women.

A consultative body shalll likewise be convened 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
LUPC, and from non-government sectors such as the private sector, NGOs and POs,
and the academic community

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

‘a. Advise the President of the Philippines and the NEDA Board
onall matters concerning land use and physical planning;

b. Integrate and harmonize all laws and policies relevant to
land use to come up with a rational, cohesive, and comprehensive
national land use framework;

c. Formulate policies and endorse land use and physical
planning-related policies that may be formulated by the LUPC 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;

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

e. Establish a National Land Resource Information and
Management System that shall integrate and process information on land
use and allocation generated by the various national government
agencies; define information requirements at various levels; and
standardize information inputs and outputs including scales and symbols
used in territorial and sectoral maps;


f. Undertake 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;

g. 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;

h. 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;

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

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;

k, Assist the LGUs in the formation of local land use policy
councils at the local levels;

\ Design and implement, in coordination with the DILG, a long-
term capability-building program for LGUs to enable them to undertake a
participatory and effective land use planning;

m. To prescribe, in consultation with the DILG and other
concerned agencies, as applicable, the land valuation of the specific land
use categories listed in Section 13 hereof, to ensure the equitable access
of the land to all sectors, taking into consideration that to keep basic
services affordable to the public, land valuation where these services are
located shall be kept to the minimum;

n. Decide and resolve policy conflicts on land use between or
among agencies, branches, of levels of the government and unresolved
land use policy conflicts at the regional level;

0. Adopt rules of procedures for the orderly and expeditious
conduct of meetings and other business of the Council; and


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

SECTION 17. LUPC Technical Board (LUPC-TB). — A Technical Board shall be
created to provide technical support to the LUPC. It shall be composed of the following:

a. NEDA Deputy Director-General for Regional Development
as Chairperson;

b. Representatives of the member agencies/institutions of the
LUPC, who shall have a rank not lower than Director level; and

. The representatives of the four (4) basic sectors as
enumerated in Section 15(e) of this Act.

SECTION 18. Offices, Units and Staff Support. - The NEDA Regional
Development Office shall continue to provide core secretariat services to LUPC, its
Technical Board and RLUPC. Other government agencies may also be called upon for
staff support.

Article 2
Local Development Councils as Local Land Use Policy Councils

SECTION 19. City/Municipal Development Councils. — The City/Municipal
Development Councils (C/MDCs), created under Section 106 of the LGC, shall act as
the City/Municipal Land Use Policy Council that will tackle land use concerns whenever
necessary.

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

a. 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; and

c. Decide and resolve conflicts regarding the violation of zoning
ordinances including opposition to applications for locational clearances,
permits or certificates.

For purposes of this Act, the City/Municipal Planning and Development
Coordinator (C/MPDC) shall (a) act on all applications for locational clearances for all

20


projects except those of vital and national economic or environmental significance, and
(b) 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.

The C/MDC 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 concerns.

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

SECTION 20. 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.

In addition to the functions enumerated in Section 109 of the LGC, the PLUPC
shall:

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

b. Review and endorse to the Sangguniang Panlalawigan for
adoption, the PPFP 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
PPFP 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.

21


SECTION 21. Regional Land Use Policy Council (RLUPC). — At the regional level,
the RLUPC will be institutionalized, replicating the LUPC structure and composition. The
RLUPC shall have the following functions:

a. Adopt regional policies on land use and physical planning;

b. Prepare and periodically update the RPFP, taking into
consideration national polices and lower level plans;

¢. Review, prior to adoption by respective Sanggunians, the
PPFPs and CLUPs of highly urbanized and independent component cities
to ensure consistency with the RPFP and national policies set forth by
LUPC and compliance with the limits prescribed under the 1991 LGC for
reclassifying agricultural lands;

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

e. Monitor changes in land use and other physical resources in
the region;

f. Coordinate and monitor the land use activities of regional
line agencies and LGUs;

g. Evaluate consistency of major programs and projects with
the RPFP 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

Perform other related functions as may be directed by the

LUPC.

Article 3
Adoption, Approval and Review of Land Use Plans

SECTION 22. Component Cities and Municipalities. — Component cities and
municipalities shall have the power and authority to adopt and approve their respective
CLUPs and 20sthrough 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 6 hereof on the preparation of the PPFP.

22


SECTION 23. 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 PPFP, as the case may
be, through their respective sunggunian but subject to the review of the RLUPC as
provided in Section 21 hereof.

Article 4
Responsibilities of the National Government Agencies and LGUs

SECTION 24. 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 National Mapping and Resource
Information Authority (NAMRIA), as the lead agency, the Bureau of Soils and Water
Management (BSWM), the Forest Management Bureau (FMB), the Land Management
Bureau (LMB), the Protected Areas and Wildlife Bureau (PAWB), the Mines and
Geosciences Bureau (MGB), the Philippine Institute of Volcanology And Seismology
(PHIVOLCS), DLR, the National Water Resources Board (NSWRB), DOE, NEDA and
other concerned government agencies/bureaus. The ITC shall be constituted, and the
mapping program initiated, within thirty (30) days from the effectivity of this Act

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 NFPP pursuant
to Section 9 hereof.

SECTION 25. 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 LUPC by the PHIVOLCS, the Philippine Atmospheric
Geophysical and Astronomical Services Administration (PAGASA), the NAMRIA, the
Mines and Geosciences Bureau (MGB), BSWM, and DOE, in coordination with the
National Disaster Coordinating Council (NDCC), the Regional Disaster Coordinating
Councils, and other concerned government agencies. The program shall include the
generation of indicative geo-hazard zoning maps that will outline areas in the
Philippines which are prone to liquefaction, landslides, flooding, lahar, ground rupturing,
tsunami, river erosion, coastal erosion, sinkhole collapse, earthquake, lava flow,
pyroclastic flow, base surge, and other natural hazards,

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

23


All infrastructure activities including real estate 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 26. Scope and Nature of Responsibilities of Other National Government
Agencies. — All concerned national government agencies/ bodies shall periodically
report to the LUPC 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 LUPC relative to the
implementation of the provisions of this Act.

SECTION 27. Submission of Annual Report on the Implementation of CLUPs. —
The C/MDCs 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 LUPC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

Article 1
Agricultural Lands

SECTION 28. Priority Areas for Agricultural Development. — Priority areas for
agricultural development are the CARP, CARPable areas, and the NPAAAD.

SECTION 29. Conversion of Agricultural Lands, - Agricultural lands are deemed
converted to non-agricultural uses upon approval by the DLR 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 consultation: 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 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 consultations: provided, further, that
consistent with the State policy on giving priority to the completion of the
Comprehensive Agrarian Reform Program (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

24


thereafter, Section 65 of Republic Act No. 6657 or the Comprehensive Agrarian Reform
Law (CARL) shall apply: provided, finally, 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 DLR.

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

SECTION 30. 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 DLR shall provide the LGUs with a complete list and maps
of protected agricultural lands within their territorial jurisdictions.

Article 2
Forest Lands and Watershed Reservation

SECTION 31. Reversion of Alienable and Disposable Lands to Forestlands. —
Upon the recommendation of the Secretary of the DENR, duly reviewed and endorsed
by the LUPC, 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.

SECTION 32. 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 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 33. Formulation and Implementation of Integrated Watershed
Management Plans. - With the assistance of the DENR and upon mandatory
consultations with the concerned sectors, the LGUs through their local land use
committees 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.

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 consultations with the concerned sectors,

25


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.

Article 3
Coastal Zones

SECTION 34. 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 guidelines

a. Areas vegetated with mangrove species shall be preserved
for mangrove production and shall not be converted to other uses;

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

c. 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;

d. 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

e. Areas that are neither sub-classified as mangrove, fisherfolk
settlement nor fishpond may be devoted to recreational or tourism
purposes: provided, that such undertaking will not result in environmental
degradation and displacement of small fishers;

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

26


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

SECTION 35. Coastal Land Zone Sub-classification. — All public lands in the
coastal zones shall be subclassified into any of the following: fishponds, mangroves,
protection from tidal surge, 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 local Fisheries and Aquatic Resource
Management Councils (FARMCs) formed under Republic Act No. 8550 or
the Fisheries Code.

SECTION 36. Zoning of Foreshore Areas. — LGUs, 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.

Article 4
Mineral Lands

SECTION 37. Criteria for the Utilization and Allocation of Land for Mining
Purposes. - Consistent with Section 5 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. In case of small-scale mining, adequate and acceptable
safeguards shall be instituted by the holders of mining rights or permits to
prevent environmental degradation of the mining sites and adjacent areas;

27


c. Mineral reservations which have become non-operational for
more than ten (10) years as determined by the MGB shall be placed under
appropriate surface management by the DENR; and

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,

SECTION 38. 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 forest land or agricultural land. In
the case of forestlands, the DENR may classify such areas for other purposes in
consultation with concerned LGUs, the DOT, and other national government agencies.

Article 5
Energy Resource Lands

SECTION 39. Guidelines for the Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution Purposes.
= To ensure that the objectives of maintaining ecological balance and maximizing the
power potential from indigenous energy resources in the most economical and
environmentally-acceptable means are realized, 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

28


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 40. 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 41, Town, City, and Settlements Development. — The development of
town, city, and settlements through the zoning ordinances of cities and municipalities
shall be guided by urban zoning standards designed to maximize existing urban spaces.

SECTION 42. Settlements within Geo-hazard Areas. — Settlements 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.

SECTION 43. Designation of Waste Disposal Site. - Each city or municipality shall
identify, designate and allocate an area within their territorial jurisdiction to serve as
waste disposal site within one (1) year from the effectivity of this Act. The LGUs, in
coordination with the DENR or any other competent authority, shall identify solid waste
disposal sites in order to fast-track the conduct of 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. 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.

2)


SECTION 44. Designation and Zoning of Socialized Housing Zones. — Each city or
municipality in urban, urbanizable and rural areas shall designate lands for socialized
housing and resettlement areas for the immediate and future needs of the
underprivileged and homeless in their territory, pursuant to existing laws and
regulations.

The designated sites for socialized housing shall be located in residential zones,
and shall be zoned as socialized housing zones that are integrated in the 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 35 (d) of this Act

SECTION 45. 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 LUPC.

CHAPTER VIII
INDUSTRIAL AREAS DEVELOPMENT

SECTION 46. Criteria for Designating Industrial Development Areas. - The
identification and establishment of industrial development areas shall conform to the
provisions of Republic Act No.7916, otherwise known as the Philippine Economic Zone
Authority (PEZA) Law; the CARL, IPRA, UDHA, and the AFMA, taking into
consideration the following

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

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

c. Identified growth areas and corridors in the National
Development Plan;

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

e. _ National and Urban Development and Housing Framework;
f. Identified Socialized Housing Zones; and
g. _NFPP and other existing national programs and policies.

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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 AREAS DEVELOPMENT

SECTION 47. Criteria for Designating Tourism Development Areas. - The
identification, selection, and development of tourism development areas and tourism
estates shall be done in consultation and coordination with the concerned LGUs,
national government agencies, the private sector, and the affected communities.
Tourism development areas shall likewise include those covered by legislative and
executive issuances 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
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,

SECTION 48. Identification and Declaration of Areas for Protection, Conservation
and Preservation of Cultural Heritage. - The National Historical Institute (NHJ) and/or
the National Museum in coordination with 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 NHJ, the National Commission for Culture and Arts (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, which are significant to a city/ municipality and the community.

CHAPTER X
INFRASTRUCTURE DEVELOPMENT

SECTION 49. 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 5 and 29 hereof, and Section 47 of the AFMA.
In determining and evaluating the list of priority infrastructure projects, consideration
shall be given to those that:

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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 man-made, and cultural character of the area.
Mandatory public consultations pursuant to existing laws and regulations
shall be held prior to the conduct of all infrastructure projects that will
necessarily involve dislocation or displacement of people in the area:
provided, further, that the proponent of the infrastructure project shall
follow the rules on just and humane eviction or demolition under Section
28 of the UPHA, 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 50. 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 of a feasibility
study/environmental impact assessment in accordance with Presidential Decree No.
1586 and Republic Act No. 4846.

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;
(©) 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
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.

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CHAPTER XI
TRAINING AND VALUE FORMATION EDUCATION

SECTION 51. 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 82. Information and Education Campaign. - The LUPC 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.

CHAPTER XiIl
INCENTIVES, SANCTIONS AND PENALTIES.

Article 1
Incentives and Awards

SECTION 53. Formulation of a System of Incentives and Awards. — The LUPC.
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 54. 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, national government agencies shall give
priority to cities and municipalities with approved CLUPs

Article 2
Sanctions and Penalties


SECTION 55. 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: six percent (6%)of the zonal value of the subject land
for the first three (3) hectares, fifteen percent (15%) of the zonal value of
the subject land for the next three hectares, and 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 DLR 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 56. Authority to Impose Fine. - The DLR shall impose the penalty
provided for under the preceding section.

SECTION 57. Withdrawal of Local Development Permits or Licenses. — Upon
receipt of notice from the DLR, 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.

SECTION 58, Utilization of Fines. — The fines collected under Sections 55, 60, 61,
and 62 hereof shall automatically accrue to the Agrarian Reform Fund consistent with
the provisions of the CARL, as amended.

SECTION 59. Failure to Formulate, Enforce, and/or Implement the CLUPs. ~
Consistent with due process, the DILG shall investigate, review, and recommend
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 60. 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 (100,000.00) 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, the 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
58 of this Act.

SECTION 61. 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 (P100,000.00) 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

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public position: provided, further, that if the offender is a juridical person, the penalty
shall be imposed on the president, chief executive officer, manager, the Chairperson
and all the members of the board, and other responsible officers thereof.

SECTION 62. Payment of Disturbance Compensation. — Following the order of
priority 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 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 (6) 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 DLR.

CHAPTER XIII
TRANSITORY AND FINALPROVISIONS

SECTION 63. Convening of the LUPC. - Within thirty (30) days from the effectivity
of this Act, the Secretary of Socio-Economic Planning shall convene the LUPC.

SECTION 64. Implementing Rules and Regulations. — Within sixty (60) days from
the effectivity of this Act, the LUPC 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 65. Congressional Oversight Committee on the Land Use Act. - There is
hereby created a Congressional Oversight Committee composed of seven (7) members
from the Senate Committee on Environment and Natural Resources and seven (7)
members from the House of Representatives Committees on Natural Resources and
Housing and Urban Development. The members from the Senate shall be appointed by
the Senate President based on proportional representation of the parties or coalitions
therein with at least two (2) senators representing the minority. The members from the
House of Representatives shall be appointed by the Speaker also based on proportional
representation of the parties or coalitions therein with at least two (2) members
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 House of Representatives and the Senate.

SECTION 66. Transfer of Powers and Functions. - The functions of the HLURB on
land use planning as provided for under Section 5a, 5b, 5c, 5d, Se, and 5f of Executive
Order No. 648 and EO No. 72, series of 1991, shall be transferred to the LUPC and its
appropriate sub-national/LGU structures. The NLUC shall also transfer all its powers
and functions to the LUPC and shall cease to exercise such functions.

36


SECTION 67. Retirement/Separation from the Service and Reemployment. —
Employees of the HLURB whose positions are declared redundant as a result of the
implementation of this Act shall be entitled to separation pay and all the benefits
provided for under Sections 10.1 to 10.3 and 13 of Executive Order No. 366 dated
October 4, 2004.

Any provision of law to the contrary notwithstanding, government personnel who
are separated as a result of the implementation of this Act shall immediately qualify for
reemployment to other agencies or branches of the government including Government-
Owned and/or -Controlled Corporations (GOCCs), Government Financial Institutions
(GFls), or local government units.

SECTION 68. Appropriations. - The appropriations for the National Land Use
Committee under the National Economic and Development Authority under the current
General Appropriations Act shall be used to carry out the initial operations of the Land
Use Policy Council. Thereafter, additional sums as may be necessary for the full
implementation of LUPC’s functions shall be included in the annual General
Appropriations Act.

SECTION 69. 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 one (1) year
from the effectivity of this Act.

SECTION 70. 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 71. 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 72. Separability Clause. — If for any reason or reasons, any part or
provision of this 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 73. 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,

EY