Republic of the Philippines
House of Representatives

oczne City '* “g6 sep 2012
Fifteenth Congress

3 Regular Session

COMMITTEE REPORT NO.2386

Submitted by the Special Committee on Land Use and the Committee on Appropriations on

Re: House Bill No 545

Recommending its adoption in substitution of House Bill Nos. 414, 478, 722, 628, 12:3
1348, 1695 and 3533

Sponsors: Representatives Ferrer, Abaya. Bag-ao, Rodriguez R. and Riazon

Mr. Speaker:

The Special Committee on Land Use and the Committee on Appropriations to
which were referred:

House Bill Nos. 414, introduced by Rep. Juan Edgardo M. Angara, entitled
“AN ACT INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS THEREFOR, AND FOR OTHER PURPOSES";

House Bill No. 478, introduced by Rep Kaka J, Bag-ao and Walden F Bello,
entitied “AN ACT INSTITUTING A ZONING AND LAND USE POLICY ACT,
PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR. AND: FOR OTHER
PURPOSES”.

House Bill No. 722, introduced by Reps. Rufus B. Rodriguez. , Maximo B.
Rodriguez Jr., entitled “AN ACT INSTITUTING A NATIONAL LAND USE POLICY,
PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR. AND FOR OTHER

PURPOSES”,

House Bil No. 828, introduced by Reps. Diosdado Macapagal Arroyo and
Gloria M. Macapagal-Arroyo, entitied AN ACT ESTABLISHING A NATIONAL LAND
USE POLICY, PROVIDING THE IMPLEMENTING MECHANISMS THEREFOR
AND FOR OTHER PURPOSES",



House Bill No. 1233, introduced by Rep. Winston Castelo. entited “AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS THEREFOR. AND FOR OTHER PURPOSES”

+House Bill No 1348, introduced by Rep. Aurora Enerio Carilles, entitled “AN
ACT INSTITUTIONALIZING A NATIONAL LAND USE POLICY. PROVIDING THE
FRAMEWORK AND MECHANISMS FOR IMPLEMENTING THEREOF”

couse Bil! No. 1695, introduced by Rep. Rodolfo Gaspar Biazon. entitied “AN
ACT INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
(MPLEMENTING MECHANISM THEREFOR. AND FOR OTHER PURPOSES”, and

House Bill No. 3533 introduced by Rep. Lorenzo Reyes Tafada Ill, entitled
AN ACT INSTITUTING THE NATIONAL LAND USE POLICY OF THE REPUBLIC
OF THE PHILIPPINES. PROVIDING THE IMPLEMENTING MECHANISMS.

THEREFOR, AND FOR OTHER PURPOSES’:

nave considered the same and recommeng that the attached House Bill No.

3.043 be approved in substitution of House Bill Nos. 414. 478. 722, 829.
4233, 1346. 1695 and 3633, with Reps. BAG-AO, Kaka J, BELLO, Walden F..
FERRER. Jeffrey P., ANGARA, Juan Edgardo M.. RODRIGUEZ, Rufus B.,
RODRIGUEZ, Maximo Jr. B., ARROYO, Diosdado Macapagal. MACAPAGAL-
ARROYO, Gloria M., CASTELO, Winston, CERILLES, Aurora € BIAZON.
Rodaife G., TANADA, Lorenzo III R., ABAD. Henedina R., ABAYA, Emilio A.,
ACHARON. Pedro Jr, B., AGGABAO. Giorgidi B. AGYAO. Manuel S.
APACIBLE, Tomas V., AQUINO, Jase If $., ARQUIZA, Godofredo Vv.
BAGUILAT. Teddy Jr. Brawner, BANAL, Jorge. B, BATOCABE, Rodel M.
BENALDO. Benjo A, CAJAYON, Mary Mitzi L.. CALIMBAS-VILLAROSA, Ma.
Amelita A. CARI, Jose Carlos L.. CATAMCO. Nancy A.. CO. Christopher S..
CORTUNA, Juliet R, DIMAPORO, Fatima Aliah Q., DUAVIT. Josl Roy R.
EBDANE. Jun Omar. EVARDONE, Ben P.. FERNANDEZ, Danilo Ramon S.
FLORES. Florencio Jr. T., FORTUNO, Salvio 8., GARBIN. Affredo Jr. A.
GARIN. Janette L. GARIN, Sharon S,. GOLEZ. Anthony Rolando Jr. T
GONZALES. Aurelio Jr. D., GONZALES, Femande V.. GUANLAO, Agapito H
GULLAS, Eduardo R., HATAMAN-SALLIMAN. Jim S., HERRERA-DY,



Bernadette R. LAGMAN, Edcel C., LICO, Isidro Q., LOYOLA, Roy M
MACAPAGAL-ARROYO, Juan Miguel OCAMPO. Rosenda Ann, PADILLA.
Carlos M PAEZ, Cresente M. PALMONES. Angelo B.. PANGANDAMAN.
Muhammed Hussein P.. PARAS, Jesus Emmanuel M., PING-AY, Jose R.
PRIMICIAS-AGABAS. Marlyn L. QUIMBO, Romero Federico S.
RELAMPAGOS. Rene L. RIVERA Michae! Angelo C.. ROMAN. Herminia B
ROMUALDO, Pedro P.. SALIMBANGON. Bennur L.. SARMIENTO, Mel Senen
S., SARMIENTO, Cesar V.. TEODORO. Marcelino R.. TOMAWIS, Acmad M.
UMALI. Reynaldo V.. UNABIA. Peter M. VERGARA, Bemardo M
VILLAFUERTE, Luis R., VOLAGO, Joseph Gilbert F_. and ZUBIR!, Jose ill F. as
authors hereof.

Respect'ully submitted,

Jeffret
Chaim
Special Committee on Land Use



wauguEaWny

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

FIFTEENTH CONGRESS
Third Regular Session

House Bill No. 3545

Introduced by BAG-AO, Kaka J., BELLO, Waiden F FERRER, Jeffrey P., ANGARA, Juan Edgardo M..
RODRIGUEZ, Rufus B.. RODRIGUEZ, Maximo Jr. ’&. ARROYO Diosdado Macapagal. MACAPAGAL-
RRROYO, Giona M, CASTELO, Winston, CERILLES. Murore E. BIAZON. Rodotto G., TANADA.
Lorenzo Ill R,, ABAD, Henedina R., ABAYA. Emiso "A. ACHARON, Pedro Jr. B.. AGGABAO, Giorgidi 3.
AGYAO, Manuel S.. APACIBLE, Tomas V.. AQUINO, Jose, 11S, ARQUIZA, Godofredo V., , BAGUILAT.
Teddy Jr. Brawner, BANAL, Jorge. B. GATOCABE. Rode! M., BENALDO, Benjo A. CAJAYON, Mary
Mitzi L. CALIMBAS-VILLAROSA, Ma. Ameitta A. ‘CARI, Jose Carlos L.. CATAMCO, Nancy A. CO.
Caristopher 6, CORTUNA, Juliet R., DIMAPORO. Fabme ‘Alan Q., DUAMT, Joe! Roy R., EBDANE. Jun
Omar EVARDONE, Ben P., FERNANDEZ, Danilo Ramee ‘S., FLORES, Florencio Jr. T., FORTUNO,
Santo B.. GARBIN, Alfredo Jr, A, GARIN, Janette L-. GARIN, Sharon S.. GOLEZ, Anthony Rolando Jr

LOYOLA, Roy M., MACAPAGAL-ARROYO. Juan Miguel, OCAMPO, Rosends Ann, PADILLA, ‘Carlos M.,
PAEZ. Cresente M., PALMONES, Angelo B.. SON GANDAMAN, Muhammed Hussein P., PARAS, Jesus
Emmanuel M, PING-AY, Jose R., SRIMIGIAS-AGABAS, Martyn L., QUIMBO, Romero Federico S..
RELAMPAGOS, Rene L., RIVERA, Michael Angelo C. ROMAN, Henminia &, ROMUALDO, Pedro P..
SALIMBANGON, Bentur L. SARMIENTO, | Mel Senen 'S,, SARMIENTO, Cesar V., TEODORO,
Narceling R, TOMAWIS, Acmad M., UMAL, Reynaldo VV. UNABIA, Peter M., VERGARA, Bernarde M.,
VILLAFUERTE. Luis R., IOLAGO, Joseph Gtbert F.- ZUBIRI, Jose I F.

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

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

CHAPTER 1, INTRODUCTORY. PROVISIONS

SECTION 4. Title. This Act shali be known and cited as the National Land Use and
Management Act of the Philippines.

SECTION 2. Declaration of Policies and Principles. Itis the policy of the State to:

1. Provide for 2 ‘ational, holistic and just allocation, utiization, management, and
development of the country's land ‘and water resources 50 that their use IS consistent
with the principles of equity. social justice, ‘environmental integrity and sustainable

evelopment for the common good:

2. Hold owners and users of land responsible for develtPiog ‘and conserving their iands
thereby making these productive and supportive ‘of sustainable development and


environmental stability in accordance with the principle that the use of land bears a
social function and that ali economic agents shall contribute to the common good;

Treat groups of islands, including parts of islands, interconnecting waters and other
natural features which are so closely interrelated, as forming an intrinsic geographical,
economic and political entity, or which historically have been regarded as such entity,

Strengthen the capacity of the local government units (GU) to manage and maintain
ecological balance within their territorial jurisdiction, in partnership with the national
government in accordance with the Philippine Constitution and Republic Act 7160 or the
Local Government Code of 1991.

Toward this end, the State shall institutionalize land use and physical pianning as a mechanism
for iderfying, determining, and evaluating appropriate land use and allocation pattems that
promote and ensure:

1.
2.

10.

1

Haintenance and preservation of environmental integrity and stability;
Sustainable and just management and utilization of natural resources;

Disaster risk reduction and climate risk-based planning;

|. Protection of prime agricultural lands for food security, with emphasis on self-sufficiency

through efficient and sustainable use of land resources consistent with the principles of
sound agricutural development, natural resources development, and agraian reform:

Protection and conservation of the country’s natural heritage, permanent forest lands,

natural forests, critical watersheds and key biodiversity areas to ensure adequate forest
‘cover to maintain ecological processes in the country;

Sustainable development and management of water resources.

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

|. Improved access to affordable housing by increasing its supply through direct allocation.

better access to unutliized lands, and multiple use and higher densities where
appropriate:

Respect for and protection of the traditional resource right of the Indigenous Cultural

: ‘Communities/ndigenous Peoples {ICCs/Ps) to their ancestral domains; compiiance with

free and prior informed consent of ICCs/Ps; and recognition of customary laws and
traditional resource use and management. knowledge, and practices in ancestral
domains;

Equitable access to land through State intervention that guarantees its aftordahility to
the basic sectors,

Energy security or energy self-sufficiency, and


12. Meaningful participation of the Dasic sectors.

SECTION 3. Scope. This Act shall apply to all lands and all resources therein, whether public.
private, govemment-owned, and/or in the possession ‘of any person(s), whether natural of
juridical and shail guide the rational, holistic and just allocation. utilization, development and
management of the county's land and water resources including such activities that bear

impact on said resources.

SECTION 4. Definition of Terms.

a

Agricultural Land refers to lands devoted to or suitable for the cultivation of the scit.
pianting of crops, growing of trees, raising of livestock, poultry. fish or aqua-culture
Produchon, including the harvesting of such farm products, and other farm activities
aed practices perorined in conjunction with such farming operations, by persor’s
whether natural or jundical, and not classified by law as mineral land, forest lard.
residential land, commercial tand, or industrial iand;

‘Agricultural Land Use Conversion refers to the undertaking of 2 development
activity which modifies or alters the physica! characteristics of agricultural lands to
render them suitable for non-agricultural purposes with an approved order of
cemmersion issued exclusively by the Department of Agrarian Reform (DAR);

Alienable and Disposable Lands ‘of the Public Domain sefers to lands of tne
‘public domain which have been delineated, classified, and certified as such and
available for disposition under Commonwealth ‘Act No.141, otherwise known as the

Pubiic Land Act, as amended;

Ancestrat Domains refer to all areas generally belonging to ICCs/IPs as defined
Republic Act (R.A) No. 8371, otherwise known as the Indigenous Peoples: Rights
Act (IPRA) of 1997;

Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
eee ea plan formulated and pursued in accordance with the rights of 1CCSAFs fo
manage and develop the land a5 well as natural and human resources within their
seared domains based on their indigenous Knowledge systems and practices on
the principle of seif-determination;

Coastal Area/Zone refers to a band of dry land and the adjacent ocean space (water

‘and pubmerged land) in which terrestial processes and uses directly affect coset
processes and uses, and vice versa, ts geographic extent may include areas, within
aevendward limit of one (1) kilometer from the shoreline at high tide to include
mangrove swamps, brackish water ponds, nipa swamps, estuarine ar. sandy
Pasties and other areas within a seaward limit of 200 meters isobath to include
coral reefs, algal flats, seagrass beds, and other soft-pottom areas,

Comprehensive Land Use Plan (CLUP) refers to a document embodying 3 set of
policies, accompanied by maps and sirnilar illustrations that serve. @ policy guide
For determining the future use of lands and natural resources within the teritorial

3


jurisdiction of the LGUs. It represents the community-desirec: pattern of population
distribution and proposes future allocation of land and resources to various activites.
It includes the processes and criteria employed in ‘such determination of aliocation of
land and resources. It is a plan for the long-term management of the locai territory
covering a period of thirty (20) years based on the four (4) categones of land use
planning provided in Section 6 of this Act:

Comprehensive Land Use Planning refers to the act of defining the aliocation,
utilization, development, and management of all lands within a given territory or
jurisdiction according to the inherent characteristics of the land itself and supportive
‘of Sustainable, economic. demographic. socio-cultural and environmental objectives
as an aid to decision-making and legistation:

Critical Watershed refars to watersheds or forestiands that have been identified and
evaluated to provide critical and vital natural, ecological, environmental and physical
beneficial services such as water, biodiversity, energy, irrigation, social and cultural
‘among others to a specific area or community and whose existing biophysical
‘condition demands immediate rehabilitation, protection and management to prevent
its further denudation, deterioration and exploitation;

Cultural Heritage refers to the totality of cultural properties whether natural or
human-made. preserved and developed through time. and passed on for posterity:

Customary Laws 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,

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

Development Plan refers to a document that defines the activites and measures
that the national government or LGUs intend to implement over a specified period of
time in order to achieve the defined set of development goals identified in the
national or local physical framework pians. !t integrates socio-economic, financial,
fiscal, legal and legislative. institutional and sectoral plans of the national government
of any of its instrumentality or a particular LGU, consistent with the objectives
identified in spatial plans such as land use plans or physical framework plans. It may
include an analysis of problems and resources. defiition of goals and objectives
policy guidelines, project and target achievements, and an implementation
mechanism which defines the roles and contributions expected from the govemment
and the private sector,

Disaster-prone Areas or Geo-hazard Areas refer to areas frequented by and/or
vulnerable to experience weather, climatic. hydrologic, geologic, and other natural
disturbances or calamities;

Disaster Risk Reduction refers to the concept and practice of reducing disaster
risks through systematic efforts to analyze and manage the causal factors of

a


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2
B
14
15
16
v
8
1g
20
2a
2
23

25
26
7
28
29
30
a1
32
33
34
35
36
7
38
39

44
a2
43
45
ay
49

51

disasters, including reduced exposure to hazards, lessened vulnerability of people
and property, wise management of tand and the environment, and improved
preparedness for adverse events:

Ecologically-fragile Lands refer to lands within critical watersheds. brackish and
fesinter wellands, pasture lands, inland ‘vers and waterways. coastal and
cetlemert areas, and croplands which require rehabilitation, protection and whose
chtinued unsustainable use would result in physical risks and threats to life and
property, public health and safety. as well as adversely affect the productivity of
lowland agricultural areas and stability of the upland system:

Ecotourism refers to a form of sustainable tourism within a natural andor cultural
heritage area where community participation, protection and management of natural
Tecoates, cuhure and indigenous Knowledge and practices, environmen:al
education and ethics, as well as economic. benefits are fostered and pursued for the
enrichment of host community and satisfaction of visitors;

Energy Resource Lands refer to lands where naturally occurring or indigenes
energy resources exist in sufficient quantity and/or quaifty as to De ‘economically
Viable for expioration, development. production, utilization, and distribution purposes:

Energy Resources refer to surface or subsurface substances that serve as ene-gy
sours. These are traditionally mineral fuel deposits such 2s coal, petroleun,
natural gas of renewable resources from geothermal, hydro resenoln of non
conventional sources including ocean waves, ‘solar, wind, biomass, and other simiar
resources which serve the same purpose

Environmentally Griticat Areas refer to areas declared by law as () areas for
natural parks, watershed reserves. wiidife preserves. and sanctuaries; (ii) areas set
paige for aesthetic and visual valve: (il) areas that constitute the habitat for any
endangered of threatened species of indigenous Philippine wildlife both flora and
fauna: (iv) areas of unique historic, archaeological, or scientific interests; (v) areas
that arc vadtionslly occupied by ICCsMPs; (vi) areas with critical slopes: (vil) a’sas
frequented and/or hard hit by natural calamities ‘such as but not limited to geologic
egeeis floods, typhoons and volcanic activities; (vil) recharge areas of aquifers: %)
mangrove areas: (x) coral reefs: (xd) mossy and virgin forests; (xi) rivers and
riverbanks; (xiii) swamp forest and marshlands, and (xiv) foreshore lands:

Exhausted Mineral Resources refer to a situation where the mineral resources in
specific sites are no fonger in sufficient quantity or quality to justify additional
expenditure for extraction or utilization:

Flood Pain refers to the portion of a rives valley adjacent to a aver channel which is
covered with water when the nver ‘overflows its banks at flood stages, and which
usually consists of silt deposited by the stream.

Flood-prone Areas refer to low tying areas usually adjacent to large or active water
bodies and therefore experience regular or seasonal inundation as a resuk of
changes in the mean water level of these bodies or because of land reclamation and
other artificial interference with the natural processes:


COVE eune

BS SSSSSLSSES ERY BE Eee we EE eee Eee
POSSSSRRGRESSSUSR REE BERN A KRENN SEB SE ok EEEE

Food Security refers to the policy objective of meeting the food availability,
Pecessiolity, and affordability requirements of the present and fulure generations of
Filipinos in @ sustainable manneg, through local production or importation in exses of
Shortage based on @ micro level situation, or both, and taking into account the
county's existing and potential resource endowments and related produchon
advantages, and consistent with the overall national development objectives and

Food Seli-sufficiency refers to the policy objective of meeting the food
fequirements through intensive local food production in a sustainable manner based
‘on the country's existing and potential resources and felated production advantages;

Forest refers to an ecosystem or an assemblage of ecosystems dominated by trees
and other woody vegetation; a community of plants and animals interacting with one
another and its physica! environment;

Forestlands refer to lands of the public domain which have been inventoned,
assessed and classified as public forest, permanent forest or forest reserves and
forest reservations;

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

production forests;

Forest Land Sub-classification refers to the process of determining the most
appropriate and sustainable use of foresttands such as protection forest, production
forest, national parks, recreation areas, grazing/pasture and other uses taking into
Account ecological, social and economic considerations;

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

Free, Prior and Informed Consent (FPIC) means the consensus of all members of
the iCCSIPs to be determined in accordance witn their respective customary laws
and practices, free from any extemal manipulation, interference and coercion, and
Obtained after fuy disclosing the intent and scope of the activity, in a language and
Process understandable to the community:

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

Indigenous Cultural Communitiesindigenous Peoples (ICCs/iPs) refer to groups
of peopte or homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on communally

6


bounded and defined territory, and who have, under claims of ownershio since me
immemorial, occupied, possessed and utilized such territones. sharing common
bonds of language, customs, traditions and other distinctive cultural traits. of who
have, through resistance to political. social and cultural inroads of colonization. non-
indigenous religions and cultures. became historically differentiated fram the ma ority
Of Flipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous
on account of their descent from the populations which inhabited the country. at the
time of conquest or colonization, or at the time of inroads of non-indigenous religions
ord cultures, or the establishment of present State boundaries, who retain some Of
all of their own social, economic, cultural and political institutions. but wno may have
been displaced fra their taditional domains or who may have resettled outside their
ancestral domains:

hh. Inland Waters refer to waters, which are not coastal and marine waters. and not
a5 subject to acquisitive prescription consistent with the provisions of Presidential

6 Decree No. 1087 or the Water Code af the Philippines:

Vv

18 i, Integrated Watershed Management refers to a planning strategy Or progra'n for
2B watershed areas that complement environmentally-sound sof and water
20 management practices with mechanisms for ensuring greater responsivility.
21 ancment or participation of individuals, groups, communities and other
22 stakeholders benefiting from these areas and water-related infrastructure:

2

24 ii Key Biodiversity Areas (KBAs) represent the most important sites for biodiversity
ry conservation worldwide, These are places of international importance for the
26 Conservation of biodiversity through protected areas and other govemancs
2 tachanisms. They ate identified nationally using simple, standard criteria based on
2B their importance in maintaining species populations;

29

30 kk. Land refers to resources, both artificial and natural, found on the surface. balow.
31 and above the ground including intand waters and the air therein:

32

33 n Land Sub-classification refers to the act of determining and assigning specific uses
34 of classified lands of the public domain, ‘such ag forest or timber lands. ationable or
35 disposable agricultural tands, national parks, and mineral lands in accordanc= with
36 existing laws and this Act

3

38 mm Land Use refers to the manner of allocation, utilzation. _managemen: and
39 development of land:

40

41 nn. Land Use Classification refers to the act of delineating or allocating lands
42 ‘according to protection land use, production land use, settlements development and
43 infrastructure development as defined and provided for in this Act

cA

a5 oo. Land Use Policy Council (LUPC) refers to the administrative, policy-making. and
“6 regulatory body created under this Act:

27

8 pp. Mandatory Public Hearings/Consultations refer to the mechanisrr: to ensure the
4g involvement of affected sectors and ‘communities in land use planning. from the

30 Sarangay to the rational level, To ensure the social acceptability of the Pans. ©
baragey Joive ging notice of hearing/consuttation to affected sectors trough

7


uu.

publication or posting in conspicuous places, conduct of a reasonable number of
hearings, solicitation of positions to amive at a consensus. Public presentation and
validation of the planning results shalt also be undertaken before the final adoption of
the plans;

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

Mineral Exploration refers to the systematic searching or prospecting for mineral
resources including energy resources,

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

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

Municipal Waters include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as
defined under Repubiic Act No. 7586 of the National integrated Protected Areas
System or the NIPAS Act of 1992, public forest, timber lands, forest reserves oF
fishery reserves, but also marine waters included between two (2) lines drawn
perpendicular to the general coastiine from points where the boundary fines of the
municipality touch the sea at tow tide and a third line paraliel with the general
coastline including offshore islands and fifteen (15) kilometers from such coastline
Where the territory of a municipality includes several istands, ihe outermost points of
such islands shail be used 2s base points and connected by archipelagic baselines.
irespective of the lengths of such baselines from the main coastlines. Where two (2)
municipalities are situated on opposite shores that there is less than thirty (30)
lilometers of marine waters between them, the third line shall be equally distart from
opposite shore of the respective municipalities,

National Integrated Protected Areas System {NIPAS) refers to the classification
‘and administration of al 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;

National Park refers to forest reservation essentiaily of natural wilderness character
which has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such
exclusively to conserve the area or preserve the scenery. natural and histone
objects, wild animals and plants therein and to provide enjoyment of these features

8


in such areas. It shall also refer to lands and waters of the public domain classified
‘as such in the 1987 Constitution which include all areas under the NIPAS pursuart to
the NIPAS Act of 1992. primarily designated for the conservation of native plants and
animals and associated habitats and cuttural diversity:

Network of Protected Areas for Agricuiture and Agro-industrial Development
{NPAAAD) refers to agricuttural areas identified by the Department of Agricutture
(DA) through the Bureau of Soils and Water Management (BSWM) in coordinaton
Math the National Mapping and Resource Information Authority (NAMRIA) in order to
Snsure the efficient utilization of land for agriculture and agro-industrial development
and promote sustainable growth. The NPAAAD covers alt imigated areas. all
irtigable lands already covered by irrigation projects; all alluvial plains: tands highly
suitable for agriculture whether irrigated or not: agro-industrial croplands or jands
planted to industrial crops that support the valicity of existing agricultural
v eastucture and agro-based enterprises. highlands or areas located at an ‘elevation
of fve hundred (600) meters or above and have the potential for growing seni-
temperate and high value crops; all agricuttural lands that are ecologically fragile the
conversion of which will resutt in serous environmental degradation: and ail
mangrove areas and fish sanctuaries:

Permanent Forests or Forest Reserves refer to lands of the public domain wrich
has been identified and determined to be needed for protection. conservation,
preservation and management as forests and shall be reserved, conserved and
protacted into perpetuity for such purpose,

Permanent Forestiands refer to forestiands. within public or private lands. that nave
been identified, determined and demarcated on the ground by the State to Seve
Soch purpose and shall be protected. conserved, preserved, maintained and
managed as. forestiands free from any form of utilization, expioitation. or
development, and reserved permanently as such for the benefit and use of furure
generations;

Physical Framework Plans refer to the national, regional oF provincial indicative
plans that outine the over-all and macro-tevel, physical development objectives.
brorities, directions and strategies in its respective levels as prepared, reviewed
Integrated and finalized by the national, regional and provincial land use
neeiietboards, respectively. based on the Comprehensive Lend Use Plans
{CLUPS) of the LGUs and the national policy guidelines relating to land use and
ccvionmental management to prevent of mitigate the adverse effects of
Inappropriate resource utilization on food security, the People’s welfare, and ‘heir
environment,

Premature or Illagal Conversion refers to any activity that modifies or alters the
ical characteristics of agricuttural lands to render them suitable for non-
Sgrcultural purposes without an approved order of conversion from the DAR

Secretary;

Prime Agricultueal Lands refer to all contiguous imgated areas and irrigable lands
Fready covered by imigation projects: ali alluvial plain lands highly suitabe for
agriculture whether Irigated or not that have Deen identified to satisfy the country’s
age for food set-sufficiency and secutity; agro-industrial croplands or lands

9


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presently planted and suitable to industrial and high value crops; highlands, or areas
focated at elevation of 500 meters or above and have the potential for growing sermi-
temperature and high value crops outside of declared permanent forestlands and
protection forests and not located in ecologically-fragile and environmentally-critical
areas.

Production Forest refers to forestland iocated in production lands managed
primaiily for the production of timber and other tree products;

Production Land Use refers to the direct and indirect utilization of fand to generate
outputs resulting from the following activites: agncultural, fish farming or
‘aquaculture, timber or agro-forestry. grazing and pasture, mining, indigenous energy
resource development. industry, and tourism,

Protected Areas refer to pottions of land and water set aside by reason of their
unique physical and biological significance. managed to enhance biologica! diversity,
and protected against human exploitation. For purposes of this Act, these shall also
include al natural forests and agricultural lands identified and delineated under this

Ac,

Protection Forests refer to forests and forestiands, in both public and private lands,
that have been identified and determined by the Stale for the beneficial use of
present and future generations and shall be preserved, conserved, protected and
maintained as such free from any form of utiiization, exploitation or develapment.

Protection Land Use refers to the use of land primarily reserved for rehabilitaton,
conservation, and protection purposes and the promotion of the country's ecological
and life-support systems;

Public Domain refers to lands belonging to the State which may be classified as
aaticutural, forest of timber. mineral, or national park as provided for in the

Constitution:

Reclassification of Agricultural Lands refer to the act of specifying how
agricuttural lands. shall be utilized for non-agricultural uses such as residential.
aysttial. or commercial through the local planning and zoning processes pursuant
te the Local Govamment Code of 1991 and subject to the requirements and

re for conversion. It is equivalent to land sub-classification as defined in this
Re for classified iands of the public domain and also includes the reversion of non-
‘agricultural ands to agricultural use;

Resettlement Sites refer to areas identified by the appropriate national agency oF by
the local government unft. with respect to areas within its jurisdiction, which shal be
Used for the relocation of the underpnvileged and homeless, as defined under
Republic Act No. 7279 a the Urban Development and Housing Act (UDHA),

Restoration refers to retuming forestiand to its original forested state in terms of
species’ composition, structure, function and productivity:
Restoration Zones refer to forest areas where activities are conducted to restore
its forested state;

10


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River Basin refers to the horizontal projection of area from which a rver and its
tnbutaries receive surface water originating from precipitation:

Settlements refer to communities of built-up environment areas where people prefer
to live in;

Settiements Development refers to any improvement on existing settiements of oy
proposed development of certain areas for settlement purposes. It also involves the
Spatial distribution of population, identification of the oles and functions of key urban
centers. determination of relationships among settlement areas. and the provision of
recie sanvices and facilities of identfied major settiement areas or growth centers

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

Socialized Housing Zones refer to lands identified and designated by LGUS 25
See tor socialized nousing pursuant to Artide 'V of the UDHA and its implementi“g
guidelines;

Strategic Agriculture and Fisheries Development Zones (SAFDZs) refer to Brest
within the NPAAAD identified for production, agro-processing and marketing
activities to help develop ‘and modemize, with the support of goverment te
agncutture and fishenes sectors in an environmentally and socio-cutturally soune
manner;

Sub-classification or Rectassification of Agricultural Lands refers to the process
undertaken by the LGUS of allocating dectared agriculturat lands in thesr respect ve
teritonal jurisdictions to specific uses such as residential, industrial of commercial
purposes. It is only one of the bases for application for fand conversion by the
‘owners thereof,

sustainable Development refers to the development objective of meeting the needs
of the present generation without compromising the ability of future generations to
meet their own needs consistent with the principles of social equity. efficiency. and
environmental integrity,

Sustainsble Traditional Resource Rights refer to the rights of ICCsIFs 1s
SMGainably use. manage. protect and conserve a) land, air, water. and minerals b}
plants animals and other organisms; ¢) collecting, fishing and Punting grounds d>
Plans, ites, and e) other areas of economic. ceremonial and aesthetic value: In
sccordance with their indigenous knowledge. beliefs, systems and practices:

Tourism Development Areas refer to specific sites for tourism development located
Tareas identified as pronties in the national and regional tourism master plans as
wel_as those designated through legislative and executive issuances as tourist spots
we} tourist zones which can be developed into tourism estates or tegrated resort.
jetsure. recreation complexes. and other tourism related facilities

Tourism Ecozone refers to tourism development areas, outside protection lands.
which Nave been granted Special Economic Zone status. through the Philippine

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Export Zone Authority (PEZA) registration and issuance of the required Presidential
Proclamation, with its metes and bounds delineated by said Proclamation, pursuant
to Republic Act 7916 or the Special Economic Zone Act of 1995. as amended:

Tourism Estates refer to large tracts of land with well-defined boundaries in any
area, excluding these in protechon lands, identified in the Philippine tourism master
plan and regional tourism: master plan, by proclamation of the President and/or by
‘Acts of Congress andior by focal legisiation and declared suited for the
development of an integrated tourism and resort complex with prescribed camying
capacities and limits for its facilites and activities;

Tourist Spot refers to a particular areaYsite/spot, man-made or natural. known for its
unique touristvisitor-drawing attributes and activites, It may be classified according
to is social, cultural, natural, historical, aesthetic, visual, scientific, religious. and
recreational significance;

Tourist Zone refers to a geographic area with well-defined boundaries prociaimed
‘as such by the President of the Phifippines 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 shail be
undertaken in coordination with the Department of Tourism (DOT) and the Philippine
Tourism Authority (PTA). A tourist zone is established for the enhancement and/or
the conservation of cultural and historical heritage and for the appreciation and
enjoyment of the local population and its visttors;

Urban Areas refer to ali cities regardless of their population density and to
muricipaifies with @ population density of at east five hundred (500) persons per

square kdometer,

Urbanizable Areas refer to sites and lands which, considering present
characteristics and prevailing conditions. display marked and great potental of
becoming urban areas within a period of five (5) years:

Urban Forestry or Green Space refers to the establishment or setting-up of areas
for mintforest, eco-parks or small nature parks, in both public and private lands
wetlands, man-made lagoons and lakes systems, riverbanks and shores. grasslands,
roof and rock gardens: lining roads and highways with trees, shrubs. or ormamental
plants, and ground landscaping of schools, hospitals, and other goverment
agencies in order to improve the environment in urban areas;

Water Security refers to the sufficient access throughout the year to the minimum
daily requirement of clean water to maintain a healthy Ife

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

Watershed refers to a topographically delineated area of land from which rainwater
can drain as surface run-off vis-a-vis a specific stream or river system to 2 common

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outlet point which may be a dam, ifrigation system or urban water supply take-off
point, or where the stream discharges into a river, lake, or the sea; .

hhh. Zoning refers to the regulatory too! for delineating the specific land uses in

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accordance with the approved CLUP within the territorial jurisdiction of a
citymunicipality and specifying the conditions for their regulation: subject to the
limitations imposed by law and competent authority, and

Zoning Ordinance refers to a local law passed by the Sangguniang Bayan or
Panlungsod approving the development controvzoning plan in accordance with an
aporaved or adopted CLUP of the city/municipality, and providing for the regulations
and other conditions on the land uses including the limitation on the infrastructure
thal may be placed within the city's/municipality’s: territorial jurisdiction. It
incorporates the protected areas, protected agncuftural lands and ancestral lands as
provided for in this Act

CHAPTER 2. FRAMEWORK IR LAND USE PLANNING

SECTION 5, Basic Land Use Considerations. Various land uses as categorized in. the
Succeeding section shai! be determined in a manner that promotes the policies and prineloies
Sefined in Section 2 of this Act and shall consider the following elements therein, among others:

1.

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

scologicallyfragie ares and prime agricutural lands from any other lend use,
cee con’ deposition, intrusion, utiizaton and development aside from its determined
use and jimits,

Protection of natura forests and natural resources ensures environmental stability,
conserve biological diversity, improve ecosystem functions and prowde long-tem
ecological and economic benefits. Designated restoration areas are designed to Tove
the ecosystem functions and services of forests as well a8 improve the economic and
ecological benefits of local communites:

Protection of forest and wetlands from infrastructure development to presen the
ecological services they provide which are essential fo economic development. These
activities include, but not limited to river ‘channelization and dredging, large scale
irrigation and river diversions which reduce riverine habitat and alters flood pattems and
natural flow regimes, reduce downstream water availability for agriculture and contribute
to salinization through saltwater imrusion In coastal areas,

Resolution of land use conflicts which are life-threatening or threatening to public safety,

sustainability of key production resources or employment activities and the defivery of
facie services and are harmful or destructive to protected areas. flora, fauna, and other
protected natural resources. Greater consideration ‘shalt be given to the human and

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tenyrial rights of vuinerable groups in resolving iand use conflicts;

5. Wdentfication of geo-hazerd prone areas and high rish/danger zones and
corresponding risk reduction measures to ensure the prioritization of life and safety
Provided, That spectfically identified and assessed extremely hazardous and high
risk/danger zones shail be similarly protected and cleared from ail forms of human-made
obstacles, obstructions and instructions to ensure and secure public heaith and safaty.

7. Respect for existing customary rights and traditional land uses of ICCs/IPs;

8. Identification of settlement areas to check the demand for land and establign the tocation
of empieyment-generating industries and basic services; and

9 The availability of natural resources including indigenous energy resources for energy
security and self-sufficiency. However, infrastructure energy projects such as dams with
large reservoirs in natural ecosystems shall not be allowed i it would interrupt the
connectivity of river systems, disrupt fish spawning and migration, and alter seasonal
flood regimes.

SECTION 6. Categories of Land Uses for Planning Purpose. {n determining and defining
the national, regional and provincial framework pians, and CLUPs, land uses shall be grouped
into four (4) major functional uses as follows:

4. Protection Land Use refers to the use of land primavily 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 stataity and
ecological integrity, ensure a balance between resource uss and the preservation of
some areas with environmental, aesthetic, educational, cultural and historical
significance, aid and protect people and human-made structures from the iteffects of

natural hazards.

‘Areas under this category are those covered by NIPAS Act of 1992 and other coastal
and marie protected areas, areas outside NIPAS, which include but are not limited to:

a. Natural and Restored Forests, which consist of

iA existing areas within forestiand containing primary and secondary
forests of whatever types of species;

ii. All existing areas within forestiand containing secondary-growth or
residual forests of whatever types of species;

ii, Areas identified as Key Biodiversity Areas;
iv. Restoration areas;
v. All mangrove forests;

vi. All easement areas as defined by PD 1067, otherwise known as the
Water Code of the Philippines; and

14


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vii All other areas that would be deemed appropriate for protection 38
Sefined by the Department of Environment and Natural Reso toes
(DENR), subject to the approval of the National Land Use Policy Council
(NLUPC) described in Section 55 hereof.
b. Rehabilitated andlor reforested degraded mming areas;
¢. Critical Ecosystems for protection, such as
1. Coral Reefs:
ii. Marshes and wetlands;
ji, Lakes and Rivers;
iv. Caves; and
v. Waterfalls.
4. Disaster-prone areas that include areas subject to, or maybe subject to:
i, Recurrent flooding;
ii, Liquefaction;
ii, Tsunamis;
iv. Mass wasting,
v. Volcanic eruption:
vi. Direct impact of seismic activity, and

vi, Other areas that pose a high dagree of hazard to human occupation and
activity.

e. Critical watershed areas,
f{. Marine Protected Areas;
g. Ali prime: agricultural lands as. defined under this Act;

fh. Ecologically fragile and environmentally-criical areas whose conversion will
eon p serious environmental problems and threats to public health and safety:

i. Natural and human-made areasisites of cultural, historical anc anthropological
significance, which are declared as such by internationally recognized: and

j. All other areas not included and declared as production areas ‘shall become
protection areas.
5


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

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

Lands whose soils are suitable for agricultural development;

ii, All alluviat plain lands that are suitable for agricultural production and/or
can be devoted to food production;

i, All lands that are traditional sources of staple food.

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

¥. Alllands in areas not highly prone to natural hazards that are suitable for
the production of tree crops and other cash crops.

b. Coastal, [niand water and Marine Zones. such as Fishponds;
c. Production Forests, such as

i. Allareas within forestland not classified as protection forests in Section 6
{@) and shall be devoted to the production of timber and/or non-forest
products or the establishment of industrial tree plantations, tree farms,
woodicts, agro-forestry, or 2s muttiple-use forests:

ji. All areas within forestlands considered as rangeiands for grazing
purposes;

ji. All areas within forestlands managed under the community based forest
management in areas not classified as protection forests,

d. Rangelands for grazing;
2. Industrial Development Areas, and

f Tourism Development Areas, including potential small islands for similar
purposes.
3. Settlements and Institutional Land Use reters to the use of urban and rural lands for

Settements development purposes and/or improvement on existing settlements
involving the spatial distribution of population, identification of the roles and functions of

16


key urban centers, determination of relationships among settlement areas, and the
provision of basic services and facilities to such settlements.

ft shall also include Jands identified for institutional uses such as educational,
administrative, government, law enforcement, heath care and social services
Settlements and institutional land uses aim to ensure for the present and future
generation the: i) effective integration of activities within anc among settlements,
allowing efficient movement of people and production of commodities througn the
provision of appropriate land, infrastructure, and facilities; and ii) access of the
population to housing, education, health care, recreation, wansportation and
Communication, sanitation, and basic utiities such as water, power, waste disposal. and
other services;

4. Infrastructure Land Use refers to the use of land dedicated to the provision of basic
‘services that foster economic and other forms of integration necessary for producing or
dbtaining the material requirements of Filipinos, in an efficient, responsive. safe and
ecologically friendly built environment. tt includes among others sub-sectors like road
networks, transportation and communication facilities, sociat services. environmental
service facilities, and utilities.

Provided, that the determination of the functional uses of lands within ancestral domains shoukd
be consistent with the land use categories provided for in this Act; Provided futher That other
sab-eatagones of land uses i delineated ancestral domains may be formulated ty the
concerned ICCsIIPs themselves in accordance with their particular needs and traditional
resource and management systems:

SECTION 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral domains
shal be formulated by the ICCs/IP themselves in accordance with their particular neecs and
traditional resource and management systems with the assistance of the NCIP. the LGLs and
civil society organizations {CSQs) concemed. Such plans shall be recognized and adorted in
the barangay, cityimunicipal, provincial, regional and national physical framework plans

Physical framework plans made prior to the delineation of ancastral domains included in such
pians of ordinances shall, without prejudice to the rights of the ICCs/IP concemed, adopt
different land use categories in accordance with their particular needs and traditional resource

and management systems.

In cases where there are no ADSDPPs, the LGU and the ICCs/IP shall jointly formulate the iand
use plan within the ancestral domain until such time that the ICCs/Ps have formulated their
ADSDPPs.

SECTION 8. Adoption of Multiple Uses of Land. The primary and altemative uses of 8
Soetific land resource shall be determined and evaluated by the respective local land use
boards prior to any decision for the assignment of is use. Areas feasible for sustainable land
resource use may be considered mulple-use zones wherein settlements, tourism, agriculture,
agro-forestry and extraction activibes and other income-generating or Fvelihood actwities may
be allowed except areas under protection land use.

v


Provided. That muttiple uses of land resources shall be in accordance with priorities in land use
allocation identfied in the approved physical framework and land use plans wherein such
mutiple uses are compatible with the original land use and planning, an¢ that no reclassification
shall be allowed.

Provided, further Thal, where there are vested rights. titles, and claims prior to the enactment of
this Act over the areas feasible for sustainable land resource use, the same shall be respected.

CHAPTER 3, SPECIAL AREAS OF CONCERN

Article One. Land Classification

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

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

SECTION 10, Adoption of Assessment Report. Upon validation and affirmation by local land
Use boards, the land classification assessment report submitted by the LMB shall be adopted by
the NLUPC in the formulation of its planning guidelines.

Article Two, NIPAS Areas
SECTION 11. Integrated Management Strategy. For more effective planning, management.
and protection of protected areas at the provinaial and municipalcty levels, the Protected Area

Management Pian {PAMP) referred to in NIPAS Law shal! be incorporated in the PPFP and
CL3Ps if applicable, wherein protected area zoning shall be reflected

Article Three. Agricultural Lands

SECTION 12 Priority Areas for Agricultural Development. Priority areas for agricultural
development are the areas distributed under agrarian reform, areas that can be covered by
CARP. and the NPAAAD. The mapping of the NPAAAD under the Agricutture and Fisheries
Mcdernization Act (AFMA) shall be completed not later than one (1) year from the effectivity of

this Act.

SECTION 13. Conversion of Agricultural Lands. Alllands considered and identified as prime:
agricultural lands shall be maintained, managed and protected for agricutural use and shall rot
be subjected to any form of conversion or reclassification.

Al other agricultural tands not identified as prime agricuttural lands can only be converted to

18


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non-agricuttural uses Upon issuance of a DAR conversion order. Provided that such conversion
Shall pot drastically change the nature of the over-all tand uses in the surrounding and adiacent
areas from its existing land use

Provided, That consistant with the State policy on giving priority to the completion of the
Comprehensive Agratian Reform Program (CARP), those lands covered under ‘compulsory
acquisition/voluntary offer to gell, production of profit-sharing subject to CARP shall also be
protected from conversion pending the distribution and/or mstaliation of the farmer benefic.anes-

Provided, further, That pending the completion of mapping actives of the specific areas under
the NPAAAD and the SAFDZs under the AFMA ‘and their incorporation in the National Physical
Dranework Plan (NPFP), the application for conversion of these areas shall nat be given due
course by the DAR,

Article Fe An in

SECTION 14, Priority Areas for Agricutural Development within Ancestral Domain.
Agricuttural lands within Ancestral Domain shall be developed in accordance with their
ADSDPP.

SECTION 15. Respect for Ancestral Domains, The Ancestral Domain Management Pian
{ADMP) or ADSDPP shall be adopted in the CLUP. andior other plans that the LGU is mandated
to produce. The extert of the Ancestral Domains shall be reflected in the land use plan. where it
Maa be zoned as such in the zoning ordinance and shall be ‘co-managed by the LGU and IP
community. Additionally, the ADSDPP shall be included in the investment plans of the LGU

SECTION 16. Ancestral Domain Policy Adoption. Ancestral domait policies shall be adopted
ithe LGU's land use policy framework. However, in the event that the ADMP/ADSDPP is sti!
in the formulation stage or remains to be formufated, te right to self-determination and
traditional resource and management systems and processes shall be upheld at all times as
provided for by the IPRA of 1997.

Artic ive, Forest Lani nd Reservation of Watershed

SECTION 17. Permanent Forestiands. All forestiands are classified as forest or timbertands.
Titles, seftiements, permits, leases, and/or agreements within critical habitats, critica watershed
areas, protected areas and key biodiversity areas (KBAs), shall be reviewed, and therr tegality
be affirmed. All erroneous titles, settlements, permits, leases and/or agreements within
permanent foresiiands shall be cancelled or revoked in due course. Non-compliance with and
violations of these instruments shall be grounds for their cancellation or revocation. Provided,
that the applicable provisions of the IPRA of 1997, shall be respected.

Upon recommendation by the LGU, of the Forest Board, the DENR Sesretary shall revoke the
above-mentioned instruments.

19


45

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SECTION 18. Additionat Areas to be Included as Permanent Forestlands. The following
lands are needed for environmental protection and forestry purposes and shalt not be classified
as agricultural lands or for other land use:

~. tsolated patches of forest, regardless of size and/or area, with rocky terrain or which
protect a springAwater source for communal use

2. All mangroves and swamplands including twemly (20) meter wide strips facing oceans.
Jakes and other bodies of water not yet classified as alienable and disposable lands:

3. Ridge tops and plateaus regardless of size found within or surrounded wholly or parbally
by forestlands where headwaters emanate;

4. Twenty (20) meter wide strips of land from the edge of the normal high waterline of rivers
ard streams with channeis of at least fve (5) meters width which are not yet classified

as alienable and disposable;
3, Areas needed for public interest such as research or experimental purposes. and

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

SECTION 19. Reversion of Alienable and Disposable Lands to Forestlands. Upon the
recommendation of the DENR Secretary. duly reviewed and endorsed by the Nationa! Land Use
an Policy Council (NLUPC), and after due consuitations with the concemed LGUs and the
affected parties, Congress may authorize the reversion of alienable and disposable lands of the

pubic domain or portion thereof to forestlands.

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

SECTION 21. Formulation and implementation of Integrated Watershed Management
Plans. With the assistance of the DENR and upon mandatory consultations with the concemed
secors and communities, the LGUs, through their local land use boards, shail prepare their

Matershed management plans which shall be integrated into their respective CLUPs. The
formulation and integration of the pian shalt be guided, among others, by the principle of the
management and development of inland water resources shali be at the watershed level and

consistent with the National Forestry Master Plan (NFMP).

The DENR and the concemed 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.

20


SECTION 22. Establishment and Management of National Parks, All areas prociaimed by
the President and Congress to be under the NIPAS pursuant to the NIPAS Act. unless
Jpeesisblished, inciuding those identified initial components of the NIPAS as Key Biodivers'ty
‘reas shal comprise the National Parks classification of the public domain, The DENR and
concermed LGUs shall ensure that such areas are integrated in the CLUP and physical
famewerk plans, Provided, however, That the preparation of management plans of protected
aeene/national parks shall be in accordance with the provisions of the NIPAS Act and other laws
‘establishing or declaring @ specific area as pratecton areas.

SECTION 23. Establishment of Restoration Zones. Restoration areas shali be designated in
the management plan as such. Designation of restoration zones is compulsory in all forest

management plans.
Atticle Six. Coastal Zones

SECTION 24. Criteria for the Allocation and Utilization of Lands within the Coastal Zones.
See Tloeakon and utilization of lands within the coastal zones shall be subject to the following
guidelines:

1, Areas vegetated with mangrove species shall be protected. preserved and managed as
mangrove forestiand and shall not be converted to other uses;

2, Areas that meet all accepted criteria on elevation, soit type, soll depthtopography. supply
Ter aiereseful fichpond development, and are not identified as mangrove protecee
ress. shalt be utlized for aquaculture purposes as ong as a 4:1 ratio for mangroves
Sha fishponds is maintained fo support ecological processes in mangrove ecosystems

3. Areas sub-classifed as mangrove and stit suitable for use as such. oF Sve
reas vrormental conditions need to be preserved as mangrove bul Se
devoid of mangrove stands, Shall not be converted to other uses. The DENR
Seer Sensure that those lands shall be reforested within a given period of
time:

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

5. Areas that are neither sub-classified 235 mangrove. fisherfolk settlement nor

may be devoted to recreational or tourism purposes. Provided, That such

undertaking wil! not result in ‘environmental degradation and displacement of snali
fisherfolks,

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


7 Areas which have been allocated for small infrastructure needed by
municipal fisherfoik shail be allowed, inciuding areas for gears and beats. and post
harvest facilities; and

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

SECTION 25. Coastal Land Zone Sub-classification. All public lands in the coastal zones
shall be sub-classified into any of the following: fishponds, mangroves, protection from tical
surge for preservation of biodiversity, habitats and sanctuaries for endangered wildife, fisherfolk
settlement, or recreationaltourism areas. No sub-classification of coastal zones to different uses
shall be done without the following

4. Conduct of a comprehensive inventory and resource and environmental assessment by
the DENR with sespective LGUs and accredited Non Government
Organizations/Peoples Organizations (NGOs/ POs) within their jurisdiction. The result of
such assessment along with a list of all existing applications and expired Foreshore
Lease Agreements shall be posted in three (3) conspicuous places in the affected
localifies; and

2. Prior consultation with local Fisheries and Aquatic Resource Management
Councils (FARMCs) formed under Republic Act No, 8550 or the Fisheries

Code.

SECTION 26. Zoning of Coastal Areas. LGUs, in coordination with the DENR, the FARMCS.
loca! jisherfolk organizations and other affected sectors such as women and youth, shall
conduct the Coastal Zoning Resource Management Plan (CZRMP) which shall be incorporated
in the CLUP. Management zones defined in the CZRMP should be reflected in the CLUP and

the subsequent ZO.

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

SECTION 28. Protection of Waterways, Easements and Flood Plains. Structures of any
kind shall not be built in waterways and easements. Pursuant to PD 1067 or the Water Cade of
the Philippines, 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 anc forty (40) meters in forest areas, along their margins are subject
to the sasement 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 wit integrated flood mitigation interventions. Development within flood plains and other

22


a5,

foad-prone areas must be controlled or, if allowed, must be $0 sited, constructed and serviced
that ife of occupants are not put at risk and that disruptions during floods are minimized. The
\denffication and characterization of flood-prone areas and fiood plains snalt be an integral part
ihe CLUP preparation. Through the CLUPs and zoning ordinances, LGUs shall establish land
use regulations to mitigate flood risks.

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

SECTION 29. Disposition of Public Lands for Fishponds. Upon the effectivity of this Act. But
subject to existing rights and the preceding section, no fishpond lease agresmer” (FLA) shail be
aot or hdal swamps, mangroves and offer swamps, marshes, ponds, foreshore lancs, and
Coastal areas within public lands, including those presently declared available for fisnpond
development. The LUPC, in coordination with the DENR, the DA, the FARMCs and the LGUs
Shel tat aside a portion of available public lands for fish propagation, fish sanctuary
Sat eration ecological purposes and fisherfolk settlement areas, Fishponds covered by
eestng FLAS, but are abandoned or ate not operating efficiently and are found suitable for
mangroves shai! be reforested with mangroves.

SECTION 30. Immediate Restoration of Converted Mangrove Areas. The DENR.
coordination with the FARMCs and other concemied agencies shall immediately take s'=pb in
soo ewtoration of alt abandoned, undeveloped and underutiized fishpones to their onginat state
as mangrove forests.

Article Seven. Mineral Lands

SECTION 31. Policies on Mineral Lands. Land use policies for mineral tands shall be geared
aarcrds tne rational ecologically sound, and sustainable use of minaral resources whic) shalt
fvomole economic growth for the local economy and uphold the human rights of indigenous
peoples and focal communities in the affected areas.

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

1. The prinaiples of sustainable development;

2. Incase of small-scale mining, adequate and aoceptable safeguards shal! be instituted by
Tes gere of minng rights or permits 10 prevent environmental degradation of the
mining sites and adjacent areas:

3. Mineral reservations which have become non-operational for more than 160 (10; years
as determined by the Mines and Geosciences Bureau (MGB) shall be placed under
appropriate surface management by the DENR: and

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

SECTION 33, Reversion of Mineral Lands. All mineral {ands with exhausted mineral
Teso.rces. as determined by the MGB, shall automatically revert to their original tand
classfeation, that is, as forest land or agricultural land. The concerned mining companies shall
bear the full cost of rehabilitation of these areas.

Article Et Resou:

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

+ Indigenous energy resource exploration and development for the purpose of creating a
National Energy Resource Inventory and Data Base as well as an Energy Resource
Block Map shall be allowed subject to the implementation of complementary watershed

and other land management plans:

2 Indigenous energy resource expioration, development production, utilization.
and distribution shall be subject to the appropriate requirements and processes: of the
Philippine Environmental impact Statement (EIS) system, Each project shall secure an
Environmental Compliance Certificate (ECC) prior to project implementation to ensure
that adequate and appropriate environmental management measures and optimum

methods for resource access and recovery are used;

Protected araas defined in Section 6 shall be closed to any kind of energy resource
development;

o

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

5 Renewable energy shall be preferred over other energy resource

SECTION 35, Reversion of Energy Resource Lands. All exhausted indigenous energy
rescurce lands as determined by the Department of Energy (DOE), which are not covered by
proclamations shall automatically revert to the category of foresttancss or agricultural lands open
to v sposition, whichever is appropriate, unless the DENR shall ciassify such areas for other
purgoses, Exhausted energy resource lands shall refer to specific energy resource sites whose
Gnergy reserves of the desired typeis are no longer in sufficient quantity or quality to justfy
additional expenditure for their extraction and utilization.

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Article Nine. Sette Development

SECTION 36. Towns, Cities, and Settlements Development. The development of towns.
cities. and settlements through the zoning ordinances of cities and municipafities shal! be guided
by urban zoning standards designed to maximize existing urban spaces.

SECTION 37. Settlements within Geo-hazard Areas andor High RiskiDanger Zones.
Settements within gechazard areas and/or high riskidanger zones shall not be allowed in
see rare there are existing setlements within geo-hazard areas and/or high risk/darger
zones, the concemed government agences shail provide assistance to concerned LGUs and
otter in insthuting safety and corrective measures to address the potential danger of risk

SECTION 38. Designation of Waste Disposal Site. Each city or municipality shalt identify,
Gesignate and allocate an area within its territorial juisdiction 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
corduct of the Environmental impact Assessment (EIA) study and to facilitate the processing of
the ECC. The site or area shall be identified in the city or municipality's CLUP. For this purpcse.
cites and municipalities shall establish their solid waste management program. Likewise, a5
provided under Section 33 of the LGC. cties ‘and municipatities may. through approprate
ordinances, bind themselves towards the ‘establishrnent of a common solid waste management
program.

Wethin ninety (90) days from the effectivity of this Act, the DENR, in coorination with concerned

cer oromulgete the necessary guidelines and standards for the formulation and
aortpighment of solid waste management programs by cities and municipalities, and shall
submit the same to the NLUPC for review and approval.

SECTION 39. Designation and Zoning of Socialized Housing Zones. Each city or
municipality in urban or urbanizable and sural areas shail designate lands for socialized housing
nd resettlement areas for the immediate and future needs of the underprivileged and homeless
in ther territory, pursuant to existing laws and regulations.

‘The designated sites for socialized housing shall be located in residential zones, and shall be
pened a8 sodalized housing zones that are integrated in the city's or municipality's zoning
Trdinanee. duly approved by the NLUPC. pursuant to existing laws ‘and regulations. Preference
Shall be given fo lands proximate to public transportation facies which may include inter alia
railways and public terminals.

Fisherfoik settlements and housing in coastal municipalities shal! be zoned near the sea for
easy access 0 their livelihood as provided under Sections 24 to 26 hereof.

‘The location of resettlement areas may either be on-site or off st and shall be within the <ity or
municipality and shall consider accessibility of the fafiected community to employment.
‘economic activities and social services


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

‘SECTION 40. Zoning of Identified Sites for Socialized Housing. The identified sites for
socialzed housing shall be located in residential zones, identified by the city or municipakty's
Zoning Ordinance (ZO) duly approved by the NLUPG. However, for cities and municipalities
where the identified sites are not within the said residential zones, the location shall be within
the priority sites and conform with the suitability criteria as defined in Sections 6,3 and 6.4 of the
Guideines in HUDCC Resolution No. 521, Series of 1992, or as may be defined in subsequent
issuances. The identified sites shall be zoned as socialized housing zones as defined herein.

The current ZO of the LGUs shall be reviewed and revised such that the socialized housing
compenent shal! be integrated thereto.

‘SECTION 41. Valuation of Lands for Socialized Housing. Equitabie land valuation guidelines
for soc.aized housing shall be set by the Department of Finance (DOF) on the basis of the
market value refiected in the zonal valuation, or in its absence, on the latest real property tax
declaration. For sites already occupied by qualified beneficiaries under the UDHA, and sites
identified as Socialized Housing Zones as defined in this Act. the DOF shall factor into the
valuation. the blighted status of the land as certified by the local government unit or the National
Housing Authority (NHA).

SECTION 42. Criteria for Settiement Sites. The following are the criteria for identifying
settlement areas:

1. Within alienable and disposable lands but not in environmentally-critical, geo-hazard or
other protection areas:

2. Along established urban growth direchons;

2. With provisions for or can be provided with basic services and utilities;

4. Within the 0-8% slope range; and

5. Accessible from existing built-up areas and other employment centers through existing
of proposed roads and ather transportation facilities.

SECTION 43. Urban Forest or Green Space. Each city or highly-urbanizing municipality shall
identify, designate, and allocate lands owned by the city or municipality as urban forest or green
space. tased on the guidetnes and standards to be issued by the DENR and approved by the

NLUPC.
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SECTION 64, Protection of Ecological Harmony. To ensure the ecologica: harmony of towns,
cifies and settlements, certain projects that can alter the present use of a zoned area shall not
be issued a building permit, businass permit, and/or development permit. The identification of
these projects shall be done in coordination with the LGU concemed. LGUs shal! be required to
designate restoration areas in their forest land use plans.

Article Ten. Industrial Development Areas/Sites

SECTION 45. Criteria for Designating Industrial Development Areas. The identification and
establishment of industrial development areas shall conform to the provisions of the SEZA Law,
the Comprehensive Agrarian Reform Law (CARL), IPRA, UDHA, the Fisheries Code and the
AFMA, taking into consideration the following:

1. Identified network of areas for agricuttural development and protected agricultural areas
pursuant to the AFMA;

2. National policies on the regional dispersal of industries end agri-based incustrial
development:

3. Identified growth areas and corridors in the National Development Plan,

4. NIPAS and non-NIPAS areas such as but not jimited to KBAs and restored areas that
require protection;

5. National and Urban Development and Housing Framework;
6. Identified Socialized Housing Zones; and

7 National Framework for Physical Planning and other existing national programs and
policies,

‘The designated industrial development areas shall be located only in production land use areas
‘and shail become an integral part of the land use plan and zoning ordinance of the city or
municipality where these areas are jocated. The laws on CARP Extension with Reforms. ‘PRA.
UDHA. the Fisheries Code, AFMA and the Local Government Code shall apply to alt Special
Economic Zones and Free Ports.

Article Eleven. Tourism Development Areas

SECTION 46. Criteria for Designating Tourism Development Areas. The identification,
selection. and development of tourism development areas and tourism estates shall be done in
consuttation and coordination with the concemed LGUs, national government agencies the
orivate sector and the affected communities. Tourism development areas shalt likewise include
those covered by legislative and executive issuances such as tourist spots, tourist ones and
tourism ecozones which can be developed into tourism estates or integrated resort, leisure and
recreation complexes and other tourismrrelated facilites as well as those identified in the
national. regional, and area-specific tourism master plans and other sector plans, sucn as

n


ecotousm and agtitourism sites; Provided, That such sites designated for tourism
cevelopment are outside of areas identified for protection land use. As much as practicable,
community-based tourism shall be the principal mode of tourist spat operation. The laws on
CARPER. IPRA, UDHA, Fisheries Code, AFMA, Local Govemment Gode and the National
Ecotour:sm Strategy shall apply in all tourist zones and tourist deveiopment areas

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

SECTION 47, Identification and Preservation of Cuttural Heritage. tn accordance with
Republic Act No. 10066 or the National Cuttural Heritage Act of 2009. the National Historical
Commission of the Philippines (NHCP), the National Museum (NM), and the National
Commission for Culture and the Arts (NCGA) in coordination with other concerned agencies.
local communities, and the private sector, shall identify and declare areas and structures which
shall be protected and/or preserved as part of Philippine cultural heritage

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

The LGUs in consultation with the NHCP, the NM. and the NCCA shall designate heritage
Zones to protect the historical and cultural integrity of geographical areas and cultura, spaces of
intangibie cultural properties, which are significant to a city! municipality and the communsty

Article Twolve, Infrastructure Development

SECTION 48. Allocation and Use of Land for Infrastructure Development. Land, whether
pubic o° private shall be allocated and utilized for priority infrastructure projects that are
Supportive of national or local development objectives. The National Economic and
Development Agency (NEDA), in consultation with the concemed national government
agencies. LGUs, and the private sector shail identify and periodically review, update andor
revise the list of priority infrastructure projects under an over-all national strategic infrastructure
developrrent plan subject to the provisions of this Act, AFMA and IPRA: Provided. That such
national strategic infrastructure development plan shall be consistent and integrated in the
objectives and directions of the NPEP.

In determining and evaluating the list of priority infrastructure projects, consideration shall be
given to those that:
1. Respond to immediate and vital requirements of the national and regional economy with

priafity to improving production-market integration, intar-nodai transpert. conveyance
and logistics linkages. rural infrastructure and the development of the agricutture and

fishenes sectors;
2. Urgrade existing facitties to international public safety standards:

3. Address the need for sustainable settlements development; and

28


4. Mitigate the destructive effects of nawral disaster-causing phenomena or those that shal!
serve as alternatives to existing infrastructures found in natural hazard-prone areas:

Provided, That the provisicn and implementation of infrastructure support shall be made
compatitle with existing environmental conditions and the physical, whether natural or hurnan-
made, and cultural character of the area, Mandatory public consultations pursuant to existing
laws and reguiations shall be held pnor fo 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 UDHA as a last resort
notwithstanding the provisions of Republic Act No. 8975. prohibiting lower courts from issuing
temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions, and
that the proponent shalt follow provisions of the IPRA. particularly those pertaining to the nights
of IPS/ICCs in case of displacement,

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

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

Existing projects that did not go through the process of an environmental impact assessment
and which pose threats to the environment, or the integrity of historic, archaeological, of
scientifically significant areas, or impinge on critical ecosystems, may be termmated
immediately, or gradually phased-out and relocated, or maintained up to their life span, subject,
however, to mitigating measures: Provided. That the rules on mandatory public
earings/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.

CKAPTER 4: PHYSICAL FRAMEWORK AND LAND USE PLAN

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

‘A set of national policy guidelines and standards for physical planning shall be formulated by the
National Land Use Policy Council (NLUPC). These shall guide the preparation and formutation
of the national, regional and provincial physical framework plans (NPFP/RPFP/PPFP) and

city/municipal comprehensive land use plans (CLUP)

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

The National Physical Framework Pian (NPFP) shall define the national strategy and objectives
Of the country's urban, rural and regional development. it shall guide the rational distribution of
population, access to economic opportunities and social services, sustainable utilization of
resources, and maintenance of environmental integrity

Furthermore, it shall consider the existing Regional Physical Framework Plans (RPFPs),
Provincial Physical Framework Plans (PPFPs) and Comprehensive Land Use Plans (CLUPs) of

the LGUs.

‘The RPFPs, the PPFPs and the CLUPs, which cover the physical development of their
resvective territories, shall be consistent with the NPFP; Provided that the integration and
harionization of physical framework plans at all levels shall be iterative to ensure that the
concems of both top and bottom levels of government are considered in the NPFP. RPFPs,
PPFPs and CLUPs.

The physical and land use plans prepared at all tevels shall be consistent with each other,
specifically on the linkages of the major tand use categories to ensure their complementation in
the ubization, development and management of resources.

The period of coverage of the national, regional and provincial framework plans and
comprehensive municipal land use plans (CLUPs) shall be for thirty (30) years with reguiar
review and updating every ten (10) years.

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

ordinances.
The NLUPC, in consultation with concemed sectors and communities shall update the NPFP.

after such period that objectives and goals set by the NPFP have been substantially achieved. tt

shalt 3iso formulate and issue the appropriate planning guidelines and standards through which
ali physical pianning and land use and management of resources shall be reviewed, prepared.

form.lated and monitored

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

SECTION 52, Regional Physical Framework Plan. The RPFP shall provide broad spatial
directons and policy guidefines on protection land use. production land use, settlement
development, and infrastructure development at the regional level and guide the formulation of

30


the PPFPs. It RPFP shall consider the existing PPFPs and the CLUPs of LGUs within tne
territorial jurisdiction of the region.

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

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

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

The PPFP shall serve as the basis for the preparation of the Provincial Development Plan
(PDP) and Provincial Development Investment Program (PDIP). The PPFP, PDP, PDIP ardor
Provincial Physical Framework and Development Plan (PPFDP) shall serve as the basis for the
formulation of sectoral action plans of national government agencies in the province and all
LGUs within its jurisdiction. The province may opt to prepare their POP alongside the
preparation of PPFP and consolidate them into a PPFOP; Provided, That PPFDP shall remain
consistent with the PPFP. Provided further that any review or changes in the PPFP shall
coincide with the over-all review process of the NPFP.

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

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

SECTION 54, City and Municipal Land Use Plans (CLUPs). All barangays shall provide their
sectoral, temporal and spatial data for the CLUP which shall serve as the foundation for the
formulation of the city/municipal CLUPs. The data shall be provided by the Sangguniang
Pambarangay through stakeholder consuitations. The Comprehensive Land Use Plan (CLUP?
shall determine the specific uses of land and other physical and natural resources, both priv

and public, within their temntorial jurisdiction including areas co-managed with the national



47

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goverment and, as appropriate, management plans for ancestral domains. critical watersheds.
“iver Dasins. and protected areas.

The CLUP shall delineate actual boundaries on the ground within the termonat jurisdiction.
smbedy the desired land use pattems of the barangay, city or municipaliyy, translate and
integrate sectoral plans, and provide appropriate policies for each of the four land use planning
categories The spatial directions prescribed in the CLUP shall serve as the basis for the
preparation and formulation of the Comprehensive Development Pian (CDP) and Local
Development Investment Programs (LDIP) of the LGUs

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

CLUPs of each city or municipality.
The CLUPs shall be submitted by the city/municipal local development councils (LDC) for

adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs shall be
submited to the province for integration inta the PPFP.

CHAPTER 5. IMPLEMENTING STRUCTURE AND MECHANISM

‘SECTION 55. Creation of the National Land Use Policy Councit (NLUPC), The Nationa!
Land Use Committee (NLUC) under the NEDA Board (NB) is hereby converted into the NLUPC
which shail exercise the powers and responsibilities identified under this act. It sha further
assurre the functions of the NEDA Board-National Land Use Committee (NB-NLUC), which is
hereby abolished. and the powers and functions pertaining to land use planning vested by law
to the HLURB. The NLUPC shail 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. tt
shall integrate efforts, monitor developments relating to land use and the evolution of policies.
and regulate and direct land use planning processes.

SECTION 56. Composition of the NLUPC. The NLUPC shall be headed by the Secretary of
the NEDA as Chairperson. It shalf choose a Vice Chairperson from among the members of the
‘Counci!. who shall assume the functions of the Chairperson in case of absence. The NLUPC

shall maet at least once every quarter.
The members of the Council shall be the following:
1. The Secretary of the Department of Agrarian Reform (DAR);
2. The Secretary of the Department of Agncutture (DA);
3. “he Secretary of the Department of Environment and Natural Resources (DENR):
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‘The Secretary of the Department of interior and Locai Government {DILG);
‘The Chairperson of the National Commission on Indigenous Peoples (NCIP);

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

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

President of the League of Municipalties of the Philippines (LMP).

Two (2) representatives each from four (4) basic sectors directly involved in land use,
namely: urban poor, peasants, fisherfolk, and indigenous peoples who shail be
appointed by the ‘espective National Anti-Poverty Commission (NAPC) sectoral
councils. Of the eight (8) sectoral representatives, at least four (4) shall be women;

The Head of the NLUPC Secretariat. appointed by the Council, shall be a non-voting ex-
officio member.

Cabinet Secretaries who are members of the Council may designate their duly authorized and
permanent representatives whose ranks shall in no case be ower than Undersecretary

SECTION 87. Powers and Functions of the NLUPC. The NLUPC shali have the following
powers and functions:

1.

Guide the determination and identification of the country’s strategic jand use
evelopment and ohysical planning objectives, priorities and direction, as wall as
recommend the adoption, passage, or amendment of laws to ensure that clans
programs, projects, and activities, inciuding local goverment initiatives affecting land
se are consistent with national development objectives;

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

Ensure that policies, guidelines and standards on land use and physical planning,
including zoning, shall be followed by the RLUPC, local land use boards and concemed

national agencies:
Consolidate. harmonize and integrate the RPFP, PPFP and CLUPs and ensure their
consistency with the NPFP;

Ensure the consistency of other national development and sectora! plans and prog:ams,

including the Medium-Term Philippine Development Plan (MTPDP) and Mediurr-Term
Phitippine Investment Plan (MTPIP), with the NPFP,

Integrate and harmonize all laws and policies relevant to land use in order to come up
with a rational, cohesive, and comprehensive national land use framework, and if
warranted, recommend to Congress the adoption. passage or amendment of taws to

33


ensure that sectoral plans, projects and activities, including local government initiatives
affecting land use are consistent with national development objectives:

7. Resolve policy conflicts on tand uses between or among agencies, branches. or levels of
goverment and unresolved iand use poficy conflicts at the regional level;

8. Call upon other government agencies for the proper implementation of this Act, and

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

SECTION 58. NLUPC Secretariat. The existing unit of the NEDA in charge of Land Lise and
Physical Planning Coordination shalt act as the NLUPC Secretariat.

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

1. Establish and manage an accurate. updated and publicly accessible National Land
Resource Information and Management System that shall integrate and process
information on land use and allocation generated by the various national govemment
agencies; define information requirements at various levels; and standardize information
inputs and outputs including scales and symbols used in territorial and sectoral maps,

2. Undertake the gathering of data and the conduct of studies pertaining to land use
planning including studies on the management of identified uses and such other studies

not undertaken by other goverment agencies;

3. Coordinate with and assist other government agencies and LGUs in ptanning,
developing, and implementing their land use classification programs, and provide, to the
extent possible, technical assistance and guidance,

4, Monitor and coordinate the activities of concemed agencies and entities of the
government, as well as LGUSs. in the enforcement and implementation of poficies and
regulations relating to land use and resource management and development;

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

6. Assist the LGUs in the formation of land use policy boards at the local levels, provide the
necessary technical assistance and develop a long-term capabilty-building program to
enable them to undertake a participatory and effective land use planning;

Monitor and coordinate the gathering of data, the conduct of studies and researches
pertaining to land use planning including studies on the management of identified tand
uses and such other studies undertaken by other government agencies and entities;

“1

8. Ensure a multi-stakeholder participation in the development, updating, and sharing of a
National Spatial Database Information and Mapping System as a policy, ptanning and

decision-making tool;
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9. Develop assessment tools on the existing CLUPs;

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

11. Formulate a national institutionat capability building program for land use and

Management to address the specific weaknesses of various government agencies and
LGUs, based on the results of assessment studies and needs;

CHAPTER 6. REGIONAL AND LOCAL LAND USE POLICY BODIES

SECTION 60. Regional Land Use Policy Council (RLUPC). At the regional level, the RLUPC
will be institutionalized, replicating the NLUPC structure and composition, It shall be chaired by
the NEDA Regional Director and shal! have the following functions:

1 Adopt regional policies and guidelines which are consistent with the national planning
guidelines issued by the NLUPC in the preparation and formulation of the respective
provincial physical planning and comprehensive land use plans of LGUs within its

jurisdiction;

2. Guide the provinces and highly urbanized cites and independent component cities in
preparing and periodically updating their PDPFPs and CLUPs, respectively to ensure
consistency with regional anc! national plans and policies and to facilitate the integration
of such plans to the ragional plans;

3. Prepare and periodically update the RPFP, taking into consideration national polices and
tower level plans;
4. 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 NLUPC;

5, 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;

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

7. Coordinate and monitor the land use activities of regional line agencies and LGUs:

8. Evaluate consistency of major programs and projects of regional agencies and entities
with the RFP and their impact on (and use and the environment;

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

10. Perform other related functions as may be directed by the NLUPC,

35


Beoveumune

BSVHGRSSASSSURHREVSUSRSINRXLER EES ERE oeS

&

In forest land use management, where the watershed area/continuum covers several
municipalities across different provinces. an inter-LGU task force composed of representatves
from 2LUPC and the concerned MLGUs wnere the watershed area is iocated shall be formed.
With the assistance of the DENR and upon mandatory consultations with the cancerned
sectors. the inter-LGU task force shall formulate the watershed management pian for the said
watershed area

SECTION 61. Provincial Land Use Planning and Management Board (PLUPMB). The
Provincial Land Use Planning and Management Board or (PLUPMB) is hereby created in aif
provixces under this Act to oversee the preparation, integration, adoption and approval of the
Provircial Physical Framework Plan (PPFP) and shall ensure its consistency with approved
national and regional planning guidelines. The PLUPMB shall also be directly responsible for
the effective management and implementation of the approved PPFP and ensure that any
existing and future development initiatives, programs and projects introduced within its
jurisdiction are consistent with and supportive of the land use resource management and
physical planning objectives, directions and character identified in the approved PPFP.

Section 62. Powers and Responsibilities of the Provincial Land Use Planning and
Management Board. The following are the powers and responsibilities of the PLUPMB:

1, Review and issue the necessary provincial planning guidelines and/or implementing
Policies for the preparation and formulation of the respective CLUPs of highly urbanized
Gities/component cities/municipalities within its jurisdiction as provided for by approved
national and regional planning policies and guidelines:

2. Oversee the preparation, formulation, consofidation, and integration of the CLUPs of
highly urbanized cities/component cities/municipalities within its jurisdiction into the
Provincial Physical Framework Plan (PPFP) and ensure its consistency with approved

national and regional planning guidelines;

3. Submit to the PDC the draft CLUP for its transmission to the Sanggunian Panialawigan
and for the PDC to use it as reference for consistency and complementation with other
devetopment plans;

4. Review, monitor and assess the implementation and operationalization of the approved
CLUP and its consistency with physical planning and land use management objectives

and goals identified in the CLUP;

5. After an appropriate period of time or upon instruction and advice by the NLUPC.
sonduct and initiate a progress review of the PPFP and the achievement of its stated
abjectives and goals and update the PPFP;

6, Decide and resoive policy conflicts on fand use planning, classification and allocation

that may arise between or among cities/municipaiities and facilitate the resolution of any
-inresolved land use confit, including political boundary conflicts, at the city/municipality

‘evel;

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7. Advice the Sangguniang Panlalawigan on aX matters pertaining to land use and physical
planning:

8, Promote cooperation and sharing of resources between and among component LGUs of
the province or with neighboring LGUs to address common land use and development

issues including those related to geo-physical hazards, watershed and river basin
management, coastal and marine waters, climate change impact and disaster risks; and

9. Assist the Sangguniang Pantatawigan in reviewing the submitted CLUPs of comoonent
ities/ municipalities to ensure consistency with the Provincial Physical Framework Plan.

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

Section 63, Composition of the PLUPMB. The PLUPMB shall be composed of the following
thirteen (13) members to be selected based on the rules to be formulated by the NLUPC as

Provided in this Act;
1. Provincial Planning and Development Coordinator (PPDC);

2. Chairperson of SP Committee on Environment and Natural Resources,

3. Provincial Chapter President- League of Municipalities and/or League of Cities;
4. Provincial Agrarian Reform Officer (PARO);

5, Provincial Environment and Natural Resources Officer (PENRO);

6. Provincial Agricultural Officer (PAO);

7. NCIP Provincial Officer,

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

9, Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers.
indigenous peoples; Provided, That at least two representatives shall be women:
Provided, further, That the representatives shall be appointed from among the
accredited organizations within their respective development councils; and

40, Designated Board Chairperson to be chosen among the members.

Except for ex-officio members, the members af the PLUPMB shall be appointed for a term of
three (3) years, subject however to the elected office held, government employment and/or
official designation of the local government unt. national agency and/or local business/private
sector association or basic sector group representation in the board. The NLUPC, within vinety
(90) days from its establishment, shal! formulate the rules for the selection of the Chairperson
and the members in the PLUPMB. The Provincial Planning and Development Coordinator/Office

37


{PPDCIO) shall provide technical secretariat and administrative support and resources for the
effective operation of the PLUPMB.

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

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

SECTION 64. City/Municipal Land Use Planning and Management Board (C/MLUPMB). A
City’Municipat Land Use Ptanming and Management Board or (C/MLUPMB) is hereby created
under this Act in ail municipalities and cities, including highly urbanized and component cities. to
oversee the preparation, integration, adoption and approval of their respective Comprehensive
Land Use Plans (CLUPs) and shall ensure the consistency of such plans with approved
national, regional and provincial planning guidelines. The C/MLUPMB shall also be directly
responsible for the effective management and implementation of the approved CLUP and for
ensuring that any existing and future local policies. including zoning ordinances, development
initiatives, programs and projects introduced within its jurisdiction are consistent with and
supportive of the land use resource management and physical planning objectives. directions
and character identified by the approved CLUP.

Section 65. Powers and Responsibilities of the City/Municipal Land Use Planning and
Management Board. The following ars the powers and responsibilities of the C/MLUPMB:

In coordination with the City/Municipal Planning and Development Office/Coordinator.
review and issue the necessary locai planning guidelines and/or implementing policies
for the preparation and formulation of the CLUPs within tts jurisdiction as provided for by
approved national, regional and provincial planning policies and guidelines;

2. Ensure the input of the barangays within the jurisdiction of the respective
City/Municipality on sectoral. temporal and spatial dimensions of the plan and its
consistency with approved nationai, regional and provincial planning guidelines;

3. Review, monitor and assess the implementation and operationaiization of the approved
CLUP and its consistency with physical planning and land use management objectives
and goals identified in the CLUP-

4. Submit to the LOC the draft CLUP for its transmission to the Sanggunian and for the
LOC to use it as basis for consistency and complementation with other development
plans:

5 Decide and resolve policy conflicts on tand use planning, classification, and allocation

that may arise betweer or among barangays and facilitate the resolution of any
unresolved land use conflict, including boundary conflicts, involving barangays,

38


6. Based on the CLUP, review and endorse for approvalidisapproval applications for
locational clearances, building and zoning permits and/or other planning-related
requirement for any project, both private and public, that is submitted to the LGU for

issuance:

7. Advise the Sangguniang Bayan on all matters pertaining to iand use and physical
planning; and

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

Section 86. Composition of the C/MLUPMB. The C/MLUMPPB shall be composed of the
following twelve (12) members and shall be headed by a Chairperson:

1. City/Municipal Planning and Development Coordinator (CAMPDC):

2. Chairperson, S8 Committee on Environment and Natural Resources:

3. President of the Association of Barangay Captains (ABC);

4. Municipal Agrarian Reform Officer (MARO):

5. LGU Environment and Notural Resources Officer (City/Municipal ENRO):

6. Municipal Agriculture Office (MAO);

7. One (1) representative from the loca business/private sector association/chamber of
commerce, who shall be appointed from among the accredited organizations within their
respective development councils,

8. Four (4) representatives from the basic sector groups (urban poor, fisherfotk. farmers
and indigenous peoples), provided that at least two representatives shall be women:
Provided further, that the representatives shall be appointed from among the accredited
‘organizations within their respective development councils; and

9. Designated Board Chairperson to be chosen among the members.

Except for ex-officio members, the members of the C/MLUPMB shall be appointed for a term of
three (3) years. subject however to the elected office held, government employment and/or
official designation in the locat goverment unit, national agency andfor focal business/privale
sector association or basic sector group representation in the board. The NLUPC, within ninety
(90) days from its establishment, shall formusate the rules for the selection of the Chairperson
and members of the C/MLUPMB. The City/Municipal Planning and Development
Coordinator/Ofice (C/MPDC/O) shall provide technical secretariat and administrative suoport
and resources for the effective operation of the CAMLUMPPB.

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Aside from the C/MPDOIC, the C/MLUPMB may calt upon other local and national government
offices and agencies such as the local Engineer, Assessor, and local field representatives of the
DA. DPWH, DOTC, DOT, DENR, DAR, DECS and other concerned national agencies to assist
the C’MLUPMB in the performance af its roles and mandates.

Annuai appropriations for the operation and activities of the C/MLUPMB shall be included in the
annual budget proposal of the City/Municipal Planning and Development Office/Coordinator:
Provided, That other funds and resoureas, including grants, applicable service fees and
charges collected, contributions, donations, and other funds to support its operations and
activiies may be accepted and received by the PLUPMB subject to existing auditing and

reporting procedures.

Loca: government units shall create and/or activate their respective C/MLUPMB upon guidlines
issued by the NLUPC for such purposes, nat tater than six (6) months from the effectivity of this

Act

CHAPTER 7. ADOPTION, APPROVAL AND REVIEW OF LOCAL LAND USE AND
PHYSICAL FRAMEWORK PLANS

SECTION 67. Approval and Review of PPFP and CLUPs. The PPFP and GLUPs of the
respective city/municipal LGUs, including highly urbanized cites and independent component
cities shall be submitted by the local land use boards to the LDCs for transmission to the local

Sanggunian for approval

SECTION 68. Approvat of RPFP and NPFP. The RPFP and NPFP shall be submitted for
review and approval of the RLUPC and NLUPC. respectively, upon the conduct of appropriate
stakenolder and agency consultations; provided that such processes and guidelines shail be
prepared and issued by the NLUPC within six (6) months from effectivity of this Act.

CHAPTER 8, MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SECTION 68, National Spatial Database Information and Mapping System (NSDIMS).
Within six (6) months from the effectivity of this Act, a National Spatial Database Information
and Mapping Inter-Agency Mapping Support System shall be created, with NAMRIA as the lead
agency. under the supervision and guidance of the NLUPC. The supporting agencies include
the Bureau of Soils and Water Management (BSWM), the Forest Management Bureau (FMB)
the LMB, the Protected Areas And Williile Bureau (PAWB), MGB, the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), DAR, DA, NCIP, the National Water Resources
Board (NWRB), the Department of Energy (DOE), the National Disaster Risk Reduction and
Management Council (NDRRMC) and ather selevant goverment agencies as may be
determined by NLUPC. The system shall be responsible for creating a database for the
production of base and decision maps for all pianning levels of standard scales, and other
indicators, based on the Planning Guidelines and Standards approved by the NLUPC.

SECTION 70. Complting of Datasets. All pertinent and updated data from supporting
agencies of the system shall be submitted to NAMRIA for compilation and integration into the

49


natonal spatial database information and mapping system.

SECTION 71. Maps for Planning. Within one (1) year after the NLUPC's approval of the
Guidelines and Standards for planning at all levets, the NAMRIA shal! submit to the NLUPC all
maps required for national, provincial, cities and municipaiities planning. The NLUPC shall
forward these maps to the respective PLUPMBs and C/MLUPMBs after it has reviewed and

approved them.
Pertinent maps to be produced by the NSDIMS shall include among others:

1

2.

Topographic Maps:

Geologic Maps;
Hydrologic Maps;

. Climate Maps;

Soils Maps;

Slope Maps;

Mineral Resources Maps;

Existing Land Use Maps;

Land Suitability Maps for:

a

Settiements

b. Agriculture

ce

qd.

Industrial areas.

Others:

10. Agricultural Maps:

.

Network of Protected Areas for Agricultural and Agro-industrial Development;
Commodity Specific Development Guide Maps:

Land Limitation Maps;

Cropping System Zones Maps:

Hydro-ecological Conditions Map’

Irrigation Systems Maps;

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11. Land Classification Maps:

12. Municipal Waters Delineation Maps and MPAs;

13. Geo-Hazards Maps:
@. Flood Prone Areas;

b. Hazard Zonation Maps for Volcanoes;

c. Map of Fauit Systems;
d. Tsunami Prone Areas;
2. Erosion Prone Areas;
14, Tourism Maps;
15. Transportation Maps;
16. Traffic Flow,
17, Areas Served by.
a. Power
b. Tele-communications
c. Water
‘8. Facilites:
a. Health
b. Education
© Power
19. Domestic Water Supply
20. industrial Areas
21. Population Distribution
22. Ancestral Domains

23. NIPAS Areas

74, Areas Suitable for Urban Expansion

25. Watershed Areas


Sere uAwne

26 Forest Lands
a. Protection
b. Production

c. Restoration
i. Key Biodiversity Areas
ii, Marine Protected Areas

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

SECTION 73. Completion and Updating of Existing Cadastral Surveys. The completion of
incomplete cadastral surveys of LGUs and the updating of existing surveys shall be given
priority consideration and allocation of resources in the implementation of this Act. The DENR.
shail include in its annual appropriations the completion and updating of alt incomplete and
existing cadastral surveys of all LGUs in the country: Provided, That such surveys and maps
shall be integrated into the national spatial database information and mapping system.

In cases of ancestral domains, self-delineation by \CCs/IPs of their ancestral lands shalt be
employed to determine boundaries as provided for under IPRA.

SECTION 74. Ground Delineation. For effective planning to take piace at the local evel and
for the easy enforcement of the Zoning Ordinance of each city/municipality, land uses must be
identifiable beth on the map and on the ground. A Joint Committee comprised of the LGU. as
represented by its M/CLUPMB, and of the national goverment agency concemed, to be
assisted by the C/MPDC, shall identity and delineate on the ground the land uses within their
junsdiction. The following shail be given prionty:
4, Forest Lands
a. Protection
b. Production
2. Ancestral Domains
3. NIPAS Areas
a. Strict Protection Zone

43


b. Multiple Use Zone
4. Watershed Areas.

a. Critical

b Mubtiple Use
5. Network of Protected Areas for Agricultural and Agro-industriat Development (NPAAAD)

2

Socialized Housing Sites and Settlement Expansion Areas
7. Extents of Environmentally Constrained Areas

8 Easement Areas

9. Critical coastal areas

a. Mangroves

b. Sea grasses

Critica: marine resources should also be delineated both on the map and in the waters.
Perimeters of critical offshore areas, such as coral reefs, shall be marked in accordance with the

coastal resource management plans concemed.

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

SECTION 75. National Geo-hazard Mapping Program. Within thirty (30) days from the
effectivity of this Act. a nationwide geo-hazard mapping program shal! be initiated jointly thru the
NLUPC by the PHIVOLCS, the Philippine Atmospheric Geophysical and Astronomical Services
Adminstration (PAGASA), the NAMRIA, the Mines and Geosciences Bureau (MGB). and the
DOE, :n coordination with the NDRRMC, the Regional Disaster Risk Reduction Management
Counc ls, and other concerned government agencies. The program shall include the generation
Of indicative geo-hazard zoning maps that will outine areas in the Philippines which are prone to
liquefaction, landslides, flooding, lahar, ground rupturing. tsunami, river erosion, coastal erosion,
sinkhoie cofapse, earthquake, lava flow, pyroclastic flow, base surge, and other natural

hazarcs.

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

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

44


SECTION 76. Scope and Nature of Responsibilities of Other National Government
‘Agencies. All concerned national government agencies/bodies shall periodically repor: to the
NLUPC on the various activities and accomplishments on land use. Likewise. they shall provide
their respective sectoraVdevelopment plans and provide technical and administrative support if
called upon by the NLUPC for the implementation of the provisions of this Act,

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

CHAPTER 9. TRAINING, EDUCATION AND VALUES FORMATION

SECTION 78. Values Formation. In order to develop a well-informed, responsible and
committed citizenry who value the protection, conservation and development of the coutry's
timited land. and other physical resources, the State shail mandate the inclusion of sustanabie
land use education or any subject related thereto in the curricula of primary. secondary and
tertiary education,

SECTION 79. Information/Education Campaign and Capacity Building The NLUPC shall
undertake 2 nationwide information/education campaign on land use and physical planning to
be implemented by local and national government agencies. The DILG and concerned agencies
shall formulate and implement a land use management capability building program for netional
and loca! government officials, community leaders, representatives of NGOs, POs the religious

sector, and the general public.

10. INCI INS AND Tl

Article One, Incentives and Awards

SECTION 80. Formulation of a System of Incentives and Awards. Tne NLUPC shall come
up with a system of incentives and awards to LGUs that regularly updat tneir CLUPS/ZOs once
every eight (8) years,

SECTION 81. Priority in Giving Technical Assistance to LGUs. In providing tecnnical
assistance and other forms of support related to land use management and implementat on of
development plans, national goverment agencies shat! give priority to cities and municipalities
with approved CLUPs and ZOs

Alticle Two, Sanctions and Penalties

45


SECTION 82. Fine for Failure to Commence or Complete the Development of Agricuttural
Lands with Approved Conversion Order. For agricultural lands with approved conversion
ofde’s. the provisions of Republic Act 6657 (CARL). as amended by Republic Act 9700. shal!
apply The landowner and/or the designated developer or duly authorized representative who or
whic" fail/s to commence and/or complete the development pian defined in the conversion order
shall be jointly ana severally penalized, The following fines based on the zonal value of the land
at the time the fine shall be imposed

1 Failure to commence within one (1) year from the date of the conversion order:
a. Six percent (6%) for the first three hectares:
». Fifteen percent (15%) for the next three hectares; and
c. Thirty percent (30%) for the remaining area,

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

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

SECTION 83. Persons Abetting Illegal Conversion. Any person initiating. causing, inducing.
‘or abetting illegal conversion shall be punished with imprisonment from six (6) to twelve (12)
years 2¢ a fine of not less than One Hundred Thousand Pesos (P100.000.00), or both at the
discretion of the court.

if the oTender is a public official or employee. whether elected or appointed, the penalty shall
aiso mclude dismissal from service, forfeiture of ail benefits and entitlements accruing to the
Public cosition, and perpetual disquaiification to run or apply for any elective or appointive public
office.

if the cflender is @ juridical person, the penalty of imprisonment shall be imposed an the
president. chief executive officer. manager, chairperson and all the members of the board, and
other responsible officers thereof. The imposable fine shail be equivalent to the zonal value of
the tand or forty percent (40%) of the shareholders equity, whichever is higher. Furthermore. the
and shail be forfeited in favor of the State and sold through public auction. The proceeds of the
sale shall automatically accrue to the agrarian reform fund

SECTION 84, Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas ANowed for Reclassification. Any person initiating, causing,
inducing or abetting the reclassification to non-agricutural uses of protected agricultural areas
28 defired in Section 13 hereof shall be penalized with imprisonment of tweive (12) years or a
fine of not iess than One Hundred Thousand Pesos (P'100,000.00), or both at the discretion of
the court,

46


4
5
7
8
4

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

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

The same penalty shall be applicable to persons who will be responsible for exceeding the timits
set forty under Section 20 of the Local Goverment Code pertaining to reclassification of ‘ands

SECTION 85. Payment of Disturbance Compensation. Following the order of priority stated
in Section 22 of R.A. 6857, as amended by R.A 9700, agricultural lessees and share tenants.
reguiar farm workers, seasonal farm workers. other farm workers, actual tillers or occupants of
public lands, cssllective, or cooperative of the above beneficiaries, and others directly working on
the land affected by agricuttural land use conversion. shall be entitled to the payment of
disturpance compensation equivalent to five (5) times the average of the gross harvests on the
landholding, during the preceding five (5) calendar years or a certain percentage of the
converted 1and, whichever is higher, as determined by the DAR.

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

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

SECTION 88. Utitization of Fines. The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision of the
Comprehensive Agratian Reform Law.

SEC‘TION 89. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning
Ordinances (20%). Consistent with due process, the NLUPC, in coordination with the DILG.
shat investigate. review, and recommend te filing of charges against local chief executives and
otner local officials and employees responsible for the formulation, implementation and/or
enforcement of the CLUPs in the following cases

1. Failure: of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;

2. Failure to complete the preparation of the CLUP despite the availability of funds,
resources, and support by the Sanggunian concerned;

3. Failure to provide appropriate budgetary allocatian to effect its implementation: and

ar


4. Failure to implement and enforce the CLUP/ZO due to negligence of duty:

Any public official or employee, whether elected, appointed or holding offica/employment in a
casual, temporary, hoidover, permanent, or regular capacity, found to be responsible for any of
the foregoing acts, sirail be punished with forfeiture of salaries and allowances, and suspension
from

4. Three (3) ‘o six (6) months, in case of nor-compietion of the CLUP; ar
2. Three (5) to six (6) months, in case of non-conformity with the NPFP;
3. Six (6',to nine (9) months, in case of non-implementation of the CLUP:

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

SECTION 90. Illegat Conversion of City or Municipal Parks, Communal Forests, and Tree
Parks in Subdivisions. Penalties in the amount of One Hundred Thousand Pesos
(P 100,000.00) to Five Hundred Thousand Pesos {P500,000.00), or imprisonment of six (6)
years and one (1) day to twelve (12} years, or both, at the discretion of the court shall be
imposed for each of the folowing offenses:

~. Converting or causing the conversion of a citymunicipal park, communal forest, or tree
parks within subdivisions established pursuant to Presidential Decree No. 983, requiring
the planting of trees in certain places, into other uses including the construction of

permanent buildings.

2. Destroying or causing damage to the timber lands and other forest products found in the
abave mentioned forest and parks;

3. Setting the above mentioned forest and parks on fire, or negligently permitting a fire to
be set therein; and

4. Assisting, aiding of abetting another person to commit the offenses stated in this
Section

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

The maximum penalty prescribed shall be imposed upon the offender who repeats the same
offense, and double the maximum penalty upon the offender who commits the same offense for

the third lime or more.

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

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

45


CHAPTER 11. TRANSITORY AND FINAL PROVISIONS.

‘SECTION 91. Mandatory Review Every Ten Years. The Congress shall undertake a
mandatory review of this Act at least once every ten (10) years from its effectivity or as often as

may be deemed necessary to ensure that land use policies and guidelines remain responsive
te changing circumstances

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

SECTION 82. Convening of the NLUPC. Within tnirty (30) days from the effectivity cf this Act.
the Chaitperson shall convene the NLUPC. The Head of the NLUPC Secretz‘at shall
immediately assume his/er position

SECTION 93. Implementing Rules and Regulations, Within ninety (90) aays ‘rom the
effectivity of this Act, the NLUPC shail promutgate its implementing rules and regulations (IRR)
including the rules on the selection of the members of the C/MLUPMB and the PLUPMB, It
shati take effect upon ils publication in the Official Gazette or in at least two (2) newspapers of
ational circulation,

SECTION 84. Congressional Oversight Committee on the Land Use Act. A Congressional
Oversight Commitiee shail be created. It shall be composed of seven (7) members from the
Senate and seven (7) members from the House of Representatives. The members from the
Senate shail be appointed by the Senate President based on proportional representation of the
Parties oF coalitions therein with at ‘east two (2) senators representing the mino‘ity. The
members from the House of Representatives shall be appointed by the Speaker of the House of
Representatives also based on proportional representation of the parties or coalitiors therein
with at least two (2) members representing the minority.

The Oversight Committee shall function for a period of not more than three (3) years to oversee
the implementation of this Act. The secretariat of the Oversight Committee shall be drawn from
the existing secretariat personnel of the committees comprising the oversight. The funding for
the commitige shall be taken from the appropriations of both the House of Representztives and
the Senate.

SECTION 95. Transfer of Powers and Functions. The functions of the HLURB on :and use
Planning as provided for under Sections 5a, 5b, 5c, Sd, Se, and 5f of Executive Order No. 648,
Series of 1991 and EO No. 72, series of 1983. shall be ly transferred to the NLUPC
and its appropriate sub-national/LGU structures.

SECTION 96. Appropriations. The amount needed for the initial implementation o* this Act
shall be charged against the current year’s appropriations of the NEDA Board-Nationat Land

49


Use Committee (NB-NLUC). Thereafter, such sums as may be necessary for the continued
implementation of this Act shail be inctuded in the Annua! General Appropriations Act,

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

Ac

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

SECTION 99, Repealing Clause. Section 10 of the AFMA and Sections 447 (a2vii) and 458
{a2vii) of the Local Government Code and their related laws and administrative issuances are
herecy modified by Section 13 hereaf. The pertinent provisions of Executive Order No. 72
series of 1983, are also modified accordingly. Section 11 of the AFMA as to the penalty for
agricuftural inactivity and premature conversion is also modified by Section 83 hereof. Letter of
instruction No. 1350, series of 1983, Presidential Proclamation 2282, series of 1983, and all
other geneval and special jaws, acts, decrees, executive orders, proclamations and
admiristrative reguiation, or any part thereof which are inconsistent with this Act are hereby

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

SECTION 100. Non-impairment Clause. Nothing in this Act shall be construed as to diminish,
impair rights recognized, granted, or available to marginalized or the basic sectors under
existing laws including but not limited to Republic Act Nos. 7279, 6657 as amended by RA
9700. 8371, 8550 and 7942.

SECTION 101. Separabllity Clause. if, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, the other sections of provisions not affected thereby shall

remair in full force and effect.

SECTION 102. Effectivity Glause. 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.


FACT SHEET
HOUSE BILL NOS. 414. 478. 722. 829, 1233, 1348, 1695 and 3533
INSTITUTIONALIZING A NATIONAL LAND USE POLICY

introduced by: Reps. Angara: Bag-ao and Bello; Rodriguez R. and Rodriguez M
Arroyo D. and Macapagal-Arroyo G. Castelo: Enerio-Cerilles: Biazon: and Tafiada [il

Committee Referral: Speciai Committee on Land Use
OBJECTIVE

. To put in place a national (and use policy that shall end the current degradation
of the country’s land resource

KEY PROVISIONS

. Mandates the standardization of tne ciassi‘ication of land use, for the purpeses of
planning and implementation, into the fcliowing areas:
Protection Lang Use;
Production Land Use
r Settlements Development: ard
Infrastructure Development

* Creates the National Land Use Policy Council (NLUPC) as the highest policy-making
body on al matters pertaining to land use and management. It shall be heaged the
Secretary of the National Economic Development Authority (NEDA) who shall be
responsible for all concerns within tne ambit of fand use and managemen: on a
national level,

* Determines the scope and nature of responsibilities of national government
agencies.

*« Addresses ihe long-overdue ‘ask of decermining and delineating the countrys
permanent forest line.

* Mandates the completion and updating of existing cadastral surveys. A National
Spatial Database Information and Mapping System will also be created ‘witn 2
National Spatial Database Information ana Mapping Inter-Agency Mapping Support
System headed by the National Mapping and Resource Information Authority
(NAMRIA)

«Mandates the institutionalization of and use and physical planning as a mechanism
for identifying, determining, and evaluating appropriate land use and allozation
patterns that promote and ensure
> Maintenance and preservation o* environmental integrity and stability:
+> Sustainable and just management and utilization of natural resources:

- Disaster tisk reduction and climate risk-based planning,

> Protection of prime agricultural lands for food security in basic food commodities
with emphasis on self-sufficiency ir fice and corn [through efficier: and
sustainable use of land resources consistent with the principles of sound
agricultural development, natural resources development. and agrarian refcrm:

> Sustainable cevelopmen: and management of water resources towards water

security: :
+ Settlements, transportation and other infrastructure development in supoort of


inclus.ve growth and rural, urban regionat development
Improved access to affordable housing by increasing supply through direct
allocation, better access to unutilized ands. and muitiple use of lands with higher
population densities, among other suitabie and feasible iand use strategies:
Respect for and protection of the sustainable traditional resource right of the
indigenous Cultural Communities! Indigenous Peoples (ICCs/ IPs) to their
ancestral domains, compliance with free and prior informed consent of iCCs/IPs.
as well as recognition of customary laws and sustainable traditional resource use
and management, knowledge, and practices in ancestral domains,

Equitable access of basic sectors to the country's land through state intervention:
in ensuring affordability of land for the basic sectors,

Protection and conservation of the country’s natural heritage, permanent forest
lands, natural forests and critical watersheds and biodiversity to ensure the 54%
forest cover to maintain ecological processes in the country; and

Energy security and self-sufficiency.

RELATED LAWS

* Public Land Act (CA 141) and the Local Government Code (RA 7160)

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