HOUNL WF R ORCSENT AT ES

RECENVED
Republic of the Philippine pave 08 AUG 2016
HOUSE OF REPRESENTATIV! TIME: zi rn)
Quezon City a

By: 5

SEVENTEENTH CONG!
First Regular Session PEOSTR (TION UNIT

BILLS WD NOL X SERVICE

House Bill No.__*094

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

Land resource is perhaps the most contested among the factors of
production in the Philippines’ economic history. ‘The allocation of this finite
resource has not only caused economic unrest but also spurred political
upheavals in the past.

The allocation of land resources should not be simply determined by the
operation of market forces. It must yield to the country’s national goals and
public interest.

‘The lack of a comprehensive land use policy threatens the country’s goals on
food security, climate change protection, agrarian reform, socialized housing
provision, and job creation.

For these concerns to be effectively addressed, the State must intervene in
order to rationalize land use. Indiscriminate use of land resources without
regard to its ill-effects must be stopped. Its usage must yield to societal
goals and to the demands of public interest instead of succumbing to
commercial insterests.

Thus, the proper utilization and management of the country’s land
resources should be systematized.

‘This bill seeks to institutionalize a comprehensive set of national rules for
the utilization of the land resources in the country. Specifically, this
legislative proposal aims to:

1) harmonize conflicting land laws and policies;
2) utilize the principles and concepts of sustainable
development in land utilization;

3) delineate clear land use categories;

4) devote agricultural lands for the attainment of food security
and food self-sufficiency;

5) people’s participation in land use planning;


6) adoption of a national land use plan framework;
7) creation of a National Spatial Database Information and
Mapping Inter-Agency Support System; and

8) make a final determination and ground delineation of the
country’s permanent forest line and completion of the Geo-
hazard Mapping Program.

‘This bill adopts the national land use bill principally authored by Dinagat
Islands Lone District Representative Kaka J. Bag-ao during the 16%
Congress. The previous Congress was able to pass this measure on third
and final reading

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

TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. __ 2634

Introduced by AKBAYAN Representative Tomasito S. Villarin

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 House of Representatives of the Philippines
in Congress assembled:

CHAPTER I
INTRODUCTORY PROVISIONS.

SECTION 1. Title. — This Act shall be known and cited as the “National
Land Use and Management Act of the Philippines.”

SEC. 2, Declaration of Policies and Principles. - It is the policy of the
State to:

a. Provide for a rational, holistic and just allocation, utilization,
management, and development of the country’s land and water
resources so that their use is consistent with the principles of equity,
social justice, environmental integrity and sustainable development
for the common good;

b, Hold owners and users of land responsible for developing and
conserving their lands, thereby making these productive and
supportive of sustainable development and environmental stability in
accordance with the principle that the use of land bears a social
function and that all economic agents shall contribute to the common
good;

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


d. Strengthen the capacity of the local government units (LGUs) to
manage and maintain ecological balance within their territorial
jurisdiction, in partnership with the national government in
accordance with the Philippine Constitution and Republic Act No.
7160 or the Local Government Code of 1991.

‘Towards these ends, the State shall institutionalize land use and physical
planning as a mechanism for identifying, determining, and evaluating
appropriate land use and allocation patterns that promote and ensure:

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Maintenance 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
agricultural development, natural resources development, and
agrarian reform;

Protection and conservation of the country’s natural heritage,
permanent forestlands, natural forests, critical watersheds and
key biodiversity areas to ensure adequate forest cover to maintain
ecological processes in the country;

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 unutilized lands, and
multiple use and higher densities, where appropriate;

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

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

Energy security or energy self-sufficiency;

Preservation and conservation of parks and protected areas to
keep the scenery, the natural and historic objects, and the
biodiversity therein in their natural state and prevent them from
being damaged for purposes of public recreational use and
enjoyment; and

Meaningful participation of the basic sectors.

SEC. 3.Scope. ~ This Act shall apply to all lands and all resources therein,
whether public, private, government-owned and/or in the possession of any


person, whether natural or juridical, and shall guide the rational, holistic
and just allocation, utilization, development and management of the
country’s land and water resources including such activities that bear
impact on said resources.

SEC. 4. Definition of Terms. — For the purposes of this Act, the following
terms shall be defined as follows:

a.

Agricultural land refers to the subclass of classified agricultural
lands devoted to or suitable for the cultivation of the soil,
planting of crops, growing of trees, raising of livestock, poultry,
fish or aquaculture production, including the harvesting of such
farm products and other farm activities and practices performed
in conjunction with such farming operations, by persons
whether natural or juridical, and not classified as residential
land, commercial land or industrial land;

Agricultural land use conversion refers to the undertaking of any
development activity which modifies or alters the physical
characteristics of agricultural lands to render them suitable for
nonagricultural purposes under an approved order of
conversion issued by the appropriate government agency;
Alienable and disposable lands of the public domainrefer to
lands of the public domain which have been delineated,
classified, and certified as such and available for disposition
under Commonwealth Act No. 141, otherwise known as the
Public Land Act, as amended;

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

Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP) refers to a plan formulated and pursued in
accordance with the rights of ICCs/IPs to manage and develop
the land as well as natural and human resources within their
ancestral domains based on their indigenous knowledge
systems and practices on the principle of self-determination;
Classified agricultural land refers to one of the four (4)
classifications of land under the Constitution not classified by
law as mineral land, forestland or national park and the only
land classification subject to alienation;

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


u.

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, definition of goals and objectives,
policy guidelines, project and target achievements, and an
implementation mechanism which defines the roles and
contributions expected from the government and the private
sector;

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

Ecologically-fragile lands refer to lands within critical
watersheds, brackish and freshwater wetlands, pasture lands,
inland rivers and waterways, coastal and settlement areas, and
croplands which require rehabilitation, protection and whose
continued 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 and/or cultural heritage area where community
participation, protection and management of natural resources,
culture and indigenous knowledge and practices, environmental
education and ethics, as well as economic benefits are fostered
and pursued for the enrichment of host community and
satisfaction of visitors;

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

Energy resource lands refer to lands where naturally occurring
or indigenous energy resources exist in sufficient quantity
and/or quality as to be economically viable for exploration,
development, production, utilization, and distribution purposes;
Environmentally-critical areas refer to areas declared by law as
(i) areas for natural parks, watershed reserves, wildlife
preserves, and sanctuaries; (ii) areas set aside for aesthetic and
visual value; (iii) areas that constitute the habitat for any
endangered or threatened species of indigenous Philippine


Comprehensive Land Use Plan (CLUP) refers to a document
embodying a set of policies, accompanied by maps and similar
illustrations that serve as a policy guide for determining the
future use of lands and natural resources within the territorial
jurisdiction of the LGUs. It represents the community-desired
pattern of population distribution and proposes future
allocation of land and resources to various activities. It includes
the processes and criteria employed in such determination of
allocation of land and resources. It is a plan for the long-term
management of the local territory covering a period of minimum
of ten (10) years, reviewable not earlier than every five (5) years
based on the four (4) categories of land use planning provided in
Section 6 of this Act;

Comprehensive land use planning refers to the act of defining
the allocation, 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, sociocultural and
environmental objectives as an aid to decision-making and
legislation;

Critical watershed refers to watersheds or forestlands 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 therefore
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
activities 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 plans. It integrates
socioeconomic, financial, fiscal, legal and _ legislative,
institutional and sectoral plans of the national government or


aa.

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wildlife, both flora and fauna; (iv) areas of unique historic,
archaeological, or scientific interests; (v) areas that are
traditionally occupied by ICCs/IPs; (vi) areas with critical
slopes; (vii) areas frequented and/or hard hit by natural
calamities such as, but not limited to, geologic hazards, floods,
typhoons and volcanic activities; (viii) recharge areas of aquifers;
(ix) mangrove areas; (x) coral reefs; (xi) mossy and virgin forests;
(sii) rivers and riverbanks; (xiii) swamp forest and marshlands;
(xiv) foreshore lands; (xv) protected areas pursuant to Republic
Act No. 7586 or the NIPAS Act of 1992; and (xvi) areas set aside
as aesthetic potential tourist spots. This term shall also include
other terrestrial, aquatic and marine areas that need special
protection and conservation measures because they are
ecologically fragile or they are needed for food security and food
self-sufficiency as determined by concerned agencies and LGUs
in consultation with the concerned stakeholders;

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

Flood plain refers to the portion of a river valley adjacent to a
river channel which is covered with water when the river
overflows its banks at flood stages, and which usually consists
of silt deposited by the stream;

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

Food security refers to the policy objective of meeting the food
availability, accessibility, and affordability requirements of the
present and future generations of Filipinos in a sustainable
manner, through local production or importation in cases of
shortage based on a micro level situation, or both, and taking
into account the country’s existing and potential resource
endowments and related production advantages, and consistent
with the overall national development objectives and policies;
Food self-sufficiency refers to the policy objective of meeting the
food requirements through intensive local food production in a
sustainable manner based on the country’s existing and
potential resources and related production advantages;
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;

Forest refers to an ecosystem or an assemblage of ecosystems
dominated by trees and other woody vegetation; a community of


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plants and animals interacting with one another and its
physical environment;

Forestlands refer to one of the four (4) classifications of
land under the Constitution under the public domain classified
and/or determined as suitable for forest purposes not classified
asmineral land, national park and classified agricultural land.
These include all permanent forest, forest reserves, forest
reservations, and all the remaining unclassified lands of the
public domain;

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

Forestland subclassification refers to the process of determining
the most appropriate and sustainable use of forestlands
primarily as protection forest and production forest. They may
be further subclassified as grazing/pasture land, recreational
areas and other uses, taking into account ecological, social and
economic considerations;

Free, Prior and Informed Consent (FPIC) means the consensus of
all members of the ICCs/IPs to be determined in accordance
with their respective customary laws and practices, free from
any external manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope of the
activity, in a language and process understandable to the
community;

Geo-hazards refer to nature and human-induced geological
processes that have potential to cause destruction and which
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 Communities/Indigenous Peoples (ICCs/ IPs)
refer to groups of people or homogenous societies identified by
self-ascription and ascription by others, who have continuously
lived as organized community on communally bounded and
defined territory, and who have, under claims of ownership
since time immemorial, occupied, possessed and utilized such
territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads of
colonization, nonindigenous religions and cultures, became
historically differentiated from the majority of Filipinos.
ICCs/IPs shall likewise include peoples who are regarded as
indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or


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colonization, or at the time of inroads of nonindigenous religions
and cultures, or the establishment of present State boundaries,
who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced
from their traditional domains or who may have resettled
outside their ancestral domains;

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

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

Key Biodiversity Areas (KBAs) represent the most important
sites for biodiversity conservation worldwide. These are places of
international importance for the conservation of biodiversity
through protected areas and other governance mechanisms.
They are identified nationally using simple, standard criteria,
based on their importance in maintaining species populations;
Land refers to resources, both artificial and natural, found on
the surface, below, and above the ground including inland
waters and the air therein;

Land subclassification refers to the act of determining and
assigning specific uses of classified lands such as forestlands,
classified agricultural lands, mineral lands and national parks
in accordance with existing laws and this Act;

Land use refers to the manner of allocation, utilization,
management and development of land;

Land use classification refers to the act of delineating or
allocating lands according to protection land use, production
land use, settlements development and infrastructure
development as defined and provided for in this Act;

Mandatory public hearings/ consultations refer to the mechanism
to ensure the involvement of concerned stakeholders and
communities in land use planning, from the barangay to the
national level, to ensure the social acceptability of the plans. It
should involve giving notice of hearing/consultation to
concerned stakeholders through publication or posting in
conspicuous places, conduct of a reasonable number of
hearings, solicitation of positions to arrive at a consensus.
Public presentation and validation of the planning results shall
also be undertaken before the final adoption of the plans;
Marine Protected Area (MPA) refers to a defined area of the sea
established and set aside by law, administrative regulation or
any other effective means in order to conserve and protect a


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part of or the entire enclosed environment, through the
establishment of management guidelines. It includes all
declared areas governed by specific rules or guidelines in order
to protect and manage activities within the enclosed area;
Mineral explorationrefers to the systematic searching or
prospecting for mineral resources including energy resources;
Mineral landsrefer 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;
Multiple use of land resources refers to the utilization or
management strategy for any land which allows any activity
involving one or more of its resources, depending on the resuit
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 watersinclude not only streams, lakes, inland bodies
of water and tidal waters within the municipality which are not
included within the protected areas as defined under Republic
Act No. 7586 of the National Integrated Protected Areas System
or the NIPAS Act of 1992, public forest, timberlands, forest
reserves or fishery reserves, but also marine waters included
between two (2) lines drawn perpendicular to the, general
coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel
with the general coastline including offshore islands and fifteen
(15) kilometers from such coastline. Where the territory of a
municipality includes several islands, the outermost points of
such islands shall be used as base points and connected by
archipelagic baselines, irrespective of the lengths of such
baselines from the main coastlines, Where two (2) municipalities
are situated on opposite shores that there is less than thirty (30)
kilometers of marine waters between them, the third line shall
be equally distant from opposite shore of the respective
municipalities;
National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated protected
areas to maintain essential ecological processes and life-support
systems, to preserve genetic diversity, to ensure sustainable use
of resources found therein, and to maintain their natural
conditions to the greatest extent possible;
National Land Use Policy Council (NLUPC) refers to the
administrative, policy-making, and regulatory body created
under this Act;
National park refers to forest reservation essentially of natural
wilderness character which has been withdrawn from
settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as


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such exclusively to conserve the area or preserve the scenery,
natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas. It
shall also refer to lands and waters of the public domain
classified as such in the 1987 Constitution which include all
areas under the NIPAS pursuant to the NIPAS Act of 1992,
primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity;
Network of Protected Areas for Agriculture and Agro-industrial
Development (NPAAAD) refers to agricultural areas identified by
the Department of Agriculture (DA) through the Bureau of Soils
and Water Management (BSWM), in coordination with the
National Mapping and Resource Information Authority
(NAMRIA), in order to ensure the efficient utilization of land for
agriculture and agro-industrial development and promote
sustainable growth. The NPAAAD covers all irrigated areas; all
irrigable lands already covered by irrigation projects; all alluvial
plains; lands highly suitable for agriculture whether irrigated or
not; agro-industrial croplands ‘or lands planted to industrial
crops that support the validity of existing agricultural
infrastructure and agro-based enterprises; highlands or areas
located at an elevation of five hundred (500) meters or above
and have the potential for growing *semi-temperate and high
value crops; all agricultural lands that are ecologically fragile,
the conversion of which will result in serious environmental
degradation; and all mangrove areas and fish sanctuaries;
Permanent forests or forest reservesrefér to lands of the
private or public domain which have been identified and
determined to be needed for protection, conservation,
preservation and management as forests and shall be reserved,
conserved and protected into perpetuity for such purpose;
Permanent forestlandsrefer to forestlands, within public lands,
that have been identified, determined and demarcated on the
ground by the State to serve such purpose and shall be
protected, conserved, preserved, maintained and managed as
forestlands free from any form of utilization, exploitation or
development, and reserved permanently as such for the benefit
and use of future generations;
Physical framework plans refer to the national, regional or
provincial indicative plans that outline the overall and macro-
level physical development objectives, priorities, directions and
strategies in its respective levels as prepared, reviewed,
integrated and finalized by the national, regional and provincial
land use councils/boards, respectively, based on the CLUPs of
the LGUs and the national policy guidelines relating to land use
and environmental management to prevent or mitigate the
adverse effects of inappropriate resource utilization on food
security, the people’s welfare, and their environment:

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Premature or illegal conversion refers to any activity that
modifies or alters the physical characteristics of agricultural
Jands to render them suitable for nonagricultural purposes
without an approved order of conversion from the Department of
Agrarian Reform (DAR) Secretary;

Prime agricultural lands refer to all contiguous irrigated areas
and irrigable lands already covered by irrigation projects; all
alluvial plain lands highly suitable for agriculture, whether
irrigated or not, that have been identified to satisfy the country’s
needs for food self-sufficiency and security; agro-industrial
croplands or lands presently planted and suitable to industrial
and high value crops; highlands, or areas located at elevation of
five hundred (500) meters or above and have the potential for
growing semi-temperature and high value crops outside of
declared permanent forestlands and protection forests and not
located in ecologically-fragile and environmentally-critical areas;
Production forestrefers to forestland located in production lands
managed primarily for the production of timber and other tree
products;

fff. Production land use refers to the direct and indirect utilization of

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land to generate outputs resulting from the following activities:
agricultural, fish farming or aquaculture, timber or agro-
forestry, grazing and pasture, mining, indigenous energy
resource development, industry, and tourism;

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

Protection forestsrefer to forests and forestlands, in both public
and private lands, that have been identified and determined by
the State for the beneficial use of present and future
generations and shall be preserved, conserved, protected and
maintained as such free from any form of utilization,
exploitation or development;

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

Public domain refers to lands belonging to the State which may
be classified as agricultural, forest or timber, mineral, or
national park as provided for in the Constitution;
Reclassification of agricultural lands refer to the act of specifying
how agricultural lands shall be utilized for nonagricultural uses
such as for residential, industrial, or commercial purposes,
through the local planning and zoning processes, pursuant to
the Local Government Code of 1991, and subject to the
requirements and procedures for conversion;

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

mmm. Restoration refers to returning forestland to its original
forested state in terms of species’ composition, structure,
function and productivity;

nnn. Restoration zones refer to forest areas where activities are
conducted to restore its forested state;

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

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

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

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

sss. Spatial data infrastructure refers to a system consisting of
spatial data, technology, policies, practices, relationships,
people and resources necessary to acquire, process, store and
distribute spatial information to improve sharing and use
throughout all levels of the government and private sector,
among others, which shall be operationalized through electronic
system that provides access to a network of spatial data sources
and users and shall serve as the official linkage of the
government to international and regional spatial data
infrastructure;

ttt. Socialized housingrefers to housing programs and_ projects
covering homelots, houses and lots, or low-rise to medium-rise
buildings, or high density housing projects undertaken by the
government or the private sector for the underprivileged and
homeless citizens which shall include sites and services
development, long-term financing, direct subsidy programs,
liberalized terms on interest payments, and such other benefits
in accordance with the UDHA and Batas Pambansa Blg. 220;

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

wv. Strategic Agriculture and Fisheries Development Zones (SAFDZs)
refer to areas within the NPAAAD identified for production,
agro-processing and marketing activities to help develop and

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modernize, with the support of government, the agriculture and
fisheries sectors in an environmentally and socioculturally
sound manner;

Subelassification or reclassification of agricultural lands refers to
the process undertaken by the LGUs of allocating declared
agricultural lands in their respective territorial jurisdictions to
specific uses such as residential, industrial or commercial
purposes and may be used as a basis for application for land
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;

Sustainable traditional resource rights refer to the rights of
ICCs/IPs to sustainably use, manage, protect and conserve: (1)
land, air, water, and minerals; (2) plants, animals and other
organisms; (3) collecting, fishing and hunting grounds; (4)
sacred sites; and (5) other areas of economic, ceremonial and
aesthetic value in accordance with their indigenous knowledge,
beliefs, systems and practices;

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

Tourism ecozone refers to tourism development areas, outside
protection lands, which have been granted Special Economic
Zone status, through the Philippine Export Zone Authority
(PEZA) registration and issuance of the required Presidential
Proclamation, with its metes and bounds delineated by said
Proclamation, pursuant to Republic Act No. 7916 or the Special
Economic Zone Act of 1995 (SEZA), as amended;

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

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

13


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Tourist zone refers to a geographic area with well-defined
boundaries proclaimed as such by the President of the
Philippines and/or by acts of Congress. No development
projects for any purpose shall be initiated and introduced within
the zone prior to the formulation of a tourism master
development plan which shall be undertaken in coordination
with the Department of Tourism (DOT) and the Tourism
Infrastructure and Enterprise Zone Authority (TIEZA). A tourist
zone is established for the enhancement and/or the
conservation of cultural and historical heritage and for the
appreciation and enjoyment of the local population and its
visitors;

Urban areas refer to all cities regardless of their population
density and to municipalities with a population density of at
least five hundred (500) persons per square kilometer;

ffff. Urbanizable areas refer to sites and lands which, considering

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present characteristics and prevailing conditions, display
marked and great potential 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 mini-forests, ecoparks or small nature
parks, in both public and private lands: wetlands, man-made
lagoons and lakes systems, riverbanks and shores, grasslands,
roof and rock gardens: lining roads and highways with trees,
shrubs, or ornamental plants, and ground landscaping of
schools, hospitals, and other government agencies in order to
improve the environment in urban areas;

Water security refers to the sufficient access throughout the
year to the minimum daily requirement of clean water to
maintain a healthy life;

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 runoff vis-a-vis
a specific stream or river system to a common outlet point
which may be a dam, irrigation system or urban water supply
take-off point, or where the stream discharges into a river, lake,
or the sea;
Zoning refers to the regulatory tool for delineating the specific
land uses in accordance with the approved CLUP within the
territorial jurisdiction of a city/municipality and specifying the
conditions for their regulation, subject to the limitations
imposed by law and competent authority; and

Zoning ordinance refers to a local law passed by the
sangguniang bayan or sangguniang panlungsod approving the
development control/zoning plan in accordance with an
approved or adopted CLUP of the city/municipality, providing

4


for the regulations and other conditions on the land uses
including the limitation on the infrastructure that may be
placed within the city’s/municipality’s territorial jurisdiction. It
incorporates the protected areas, protected agricultural lands
and ancestral lands as provided for in this Act.

CHAPTER II
FRAMEWORK FOR LAND USE PLANNING

SEC. 5. Basic Land Use Considerations. — Various land uses as
categorized in the succeeding section shall be determined in a manner that
promotes the policies and principles defined in Section 2 of this Act and
shall consider the following elements of the framework therefor, among

others:

a.

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;

Preservation, conservation, rehabilitation and protection to
perpetuity of permanent forestlands, critical watersheds, key
biodiversity areas, environmentally-critical and ecologically-
fragile areas and prime agricultural lands from any other land
use, conversion, disposition, intrusion, utilization and
development aside from their determined use and limits;
Protection of natural forests and natural resources ensures
environmental stability, conserve biological diversity, improve
ecosystem functions and provide long-term ecological and
economic benefits. Designated restoration areas are designed to
revive the ecosystem functions and services of forests as well as
improve the economic and ecological benefits of local
communities;

Protection of forest and wetlands from infrastructure
development to preserve the ecological services they provide
which are essential to economic development. These activities
include, but not limited to, river channelization and dredging,
large-scale irrigation and river diversions which reduce riverine
habitat and alter flood patterns and natural flow regimes,
reduce downstream water availability for agriculture and
contribute to salinization through saltwater intrusion 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 delivery of basic
services which are harmful or destructive to protected areas,
flora and fauna, and other protected natural resources. Greater
consideration shall be given to the human and tenurial rights of
vulnerable groups in resolving land use conflict:

15


f, Identification of geo-hazard prone areas and high risk/danger
zones and corresponding risk reduction measures to ensure the
prioritization of life and safety: Provided, That specifically
identified and assessed as extremely hazardous and high-
risk/danger zones shall be similarly protected and cleared from
all forms of human-made obstacles, obstructions and
instructions to ensure and secure public health and safety;

g. Respect for existing customary rights and traditional land uses
of ICCs/IPs;
h. Identification of settlement areas to check the demand for land

and establish the location of employment-generating industries
and basic services; and

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

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

a. Protection Land Use refers to the use of land primarily for
rehabilitation, conservation, and protection purposes and the
promotion of the country’s ecological and life-support systems.
Planning for protection land use intends to achieve
environmental stability and ecological integrity, ensure a
balance between resource use and the preservation of some
areas with environmental, aesthetic, educational, cultural and
historical significance, aid and protect people and human-made
structures from the ill-effects of natural hazards.

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

i. Natural and restored torests, which consist of:

i, All existing areas within forestland containing
primary and secondary forests of whatever types of
species;

ii, All existing areas within forestland containing
secondary growth or residual forests of whatever
type or specie;

iii, Areas identified as KBAs;

iv. Restoration areas;

v. All mangrove forests;

16


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

vii. All other areas that would be deemed appropriate for
protection, as designated by the Department of
Environment and Natural Resources (DENR), subject
to the approval of the National Land Use Policy
Council (NLUPC), created pursuant to Section 55
hereof;

2. Rehabilitated and/or reforested degraded mining areas;

3. Critical ecosystems for protection, such as:
i, Coral reefs;
ii. Marshes and wetlands;
iii. Lakes and rivers;
iv. Caves; and
v. Waterfalls;

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

i. Recurrent flooding;
ii. Liquefaction;

iii. Tsunamis;

iv. Storm surges;

Polar vortex;

Mass wasting;

Volcanic eruption;

Direct impact of seismic activity;

Other disasters caused by climatic conditions; and
Other areas that pose a high degree of hazard to
human occupation and activity;

5. Critical watershed areas;

6. Marine protected areas;

7. All prime agricultural lands as defined under this Act;

8. Ecologically-fragile and environmentally-critical areas whose
conversion will result to serious environmental problems and
threats to public health and safety;

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

10, All other areas not included and declared as production

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areas shall become protection areas.

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

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

i, Lands whose soils are suitable for agricultural
development;

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

ifi, All lands that are traditional sources of staple food;

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

v. All lands in areas not highly prone to natural
hazards that are suitable for the production of tree
crops and other cash crops;

2. Coastal, inland water and marine zones, such as fishponds;

3. Production forests, such as:

i, AU areas within forestland not classified as
protection forests under Section 6(a) and shall be
devoted to the production of timber and/or non-
forest products or the establishment of industrial
tree plantations, tree farms, woodlots, agro-forestry,
or as multiple-use forests;

ii, All areas within forestlands considered as.
rangelands for grazing purposes; and

iii, All areas within forestlands managed under the
community-based forest management in areas not
classified as protection forests;

4. Rangelands for grazing;

18


5. Industrial development areas; and

6. Tourism development areas, including potential small
islands for similar purposes.

c. Settlements and Institutional Land Userefers to the use of
urban and rural lands for settlements development purposes
and/or improvement on existing settlements involving the
spatial distribution of population, identification of the roles and
functions of key urban centers, determination of relationships
among settlement areas, and the provision of basic services and
facilities to such settlements.

It shall also include lands identified for institutional uses such
as educational, administrative, government, law enforcement,
health care and social services. Settlements and institutional
land uses aim to ensure for the present and future generation
the: (1) effective integration of activities within and among
settlements, allowing efficient movement of people and
production of commodities through the provision of appropriate
land, infrastructure, and facilities; and (2) access of the
population to housing, education, health care, recreation,
transportation and communication, sanitation, and basic
utilities such as water, power, waste disposal, and other
services.

d. Infrastructure Land Use refers to the use of land dedicated to
the provision of basic services that foster economic and other
forms of integration necessary for producing or obtaining the
material requirements of Filipinos, in an efficient, responsive,
safe and ecologically friendly built environment. It includes,
among others, subsectors like: road networks, transportation
and communication facilities, social services, environmental
service facilities, and utilities.

Provided, That the determination of the functional uses of lands
within ancestral domains should be consistent with the land use
categories provided for in this Act: Provided, further, That other
subcategories of land uses in delineated ancestral domains may be
formulated by the concerned ICCs/IPs themselves in accordance
with their particular needs and traditional resource and
management systems.

SEC. 7.Land Use Plans for Ancestral Domains. - Land use plans for
ancestral domains shall be formulated by the ICCs/IPs themselves in
accordance with their particular needs and traditional resource and
management systems with the assistance of the National Commission on

19


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

Physical framework plans made prior to the delineation of ancestral domains
included in such plans or ordinances shall, without prejudice to the rights
of the ICCs/IPs concerned, adopt different land use categories in accordance
with their particular needs and traditional resource and management
systems,

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

SEC. 8.Adoption of Multiple Uses of Land. — The primary and alternative
uses of a specific land resource shall be determined and evaluated by the
respective local land use boards prior to any decision for the assignment of
its use. Areas feasible for sustainable land resource use may be considered
multiple-use zones wherein settlements, tourism, agriculture, agro-forestry
and extraction activities and other income-generating or livelihood activities
may be allowed except areas under protection land use: Provided, That
multiple uses of land resources shall be in accordance with priorities in land
use allocation identified in the approved physical framework and land use
plans wherein such multiple uses are compatible with the original land use
and planning, and that no reclassification shall be allowed:
Provided, further, That, where there are vested rights, titles, and claims prior
to the enactment of this Act over the areas feasible for sustainable land
resource use, the same shall be respected.

CHAPTER III
SPECIAL AREAS OF CONCERN

ARTICLE 1. LAND USE CLASSIFICATION

SEC. 9. Review of Land Use Classification. - The NLUPC shall review
and assess the current land use classification system and definitions used
in the country to ensure that ireflects the actual use of lands in the country.

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

SEC. 10. Consideration of Assessment Report. — Upon validation and
affirmation by local land use boards, the land use classification assessment
report submitted by the LMB shall be taken into consideration by the
NLUPC in the formulation of its planning guidelines,

20


ARTICLE 2.NIPAS AREAS

SEC. 11. Integrated Management Strategy. — For more effective planning,
management, and protection of protected areas at the provincial and
municipal/city levels, the Protected Area Management Plan (PAMP) referred
to in the NIPAS Law shall be incorporated in the Provincial Physical
Framework Plan (PPFP) and CLUPs, if applicable, wherein protected area
zoning shall be reflected.

ARTICLE 3. AGRICULTURAL LANDS

SEC, 12.Priority Areas for Agricultural Development. ~ Priority areas for
agricultural development are the areas distributed under agrarian reform,
areas that can be covered by the Comprehensive Agrarian Reform Program
(CARP), and the NPAAAD. The mapping of the NPAAAD under the
Agriculture and Fisheries Modernization Act (AFMA) shall be completed not
later than one (1) year from the effectivity of this Act.

SEC. 13. Conversion of Agricultural Lands. - All lands considered and
identified as prime agricultural lands shall be maintained, managed and
protected for agricultural use and shall not be subjected to any form of
conversion or reclassification.

All other agricultural lands not identified as prime agricultural lands can
only be converted to nonagricultural uses upon issuance of a DAR
conversion order: Provided, That such conversion shall not drastically
change the nature of the overall land uses in the surrounding and adjacent
areas from its existing land use: Provided, further, That consistent with the
State policy on giving priority to the completion of the CARP, these lands
covered under compulsory acquisition/voluntary offer to sell, production or
profit-sharing subject to CARP shall also be protected from conversion
pending the distribution and/or installation of the farmer beneficiaries:
Provided,finally, That pending the completion of mapping activities of the
specific areas under the NPAAAD and the SAFDZs under the AFMA and
their incorporation in the National Physical Framework Plan (NPFP), the
application for conversion of these areas shall not be given due course by
the appropriate government agency.

ARTICLE 4.ANCESTRAL DOMAIN

SEC.14. Priority Areas for Agricultural Development Within
Ancestral Domain. - Agricultural lands within ancestral domain shall be
developed in accordance with their ADSDPP.
SEC.15. Respect for Ancestral Domains. - The Ancestral Domain

Management Plan (ADMP) or ADSDPP shall be adopted in the CLUP and/or
other plans that the LGU is mandated to produce. The extent of the

21


ancestral domains shall be reflected in the land use plan, and shall be zoned
as such in the zoning ordinance. It shall be co-managed by the LGU and IP
community. Additionally, the ADSDPP shall be included in the investment
plans of the LGU,

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

ARTICLE 5.FORESTLANDS AND RESERVATION OF WATERSHED

SEC. 17. Permanent Forestlands. — All forestlands are classified as forest
or timberlands. Titles, settlements, permits, leases, and/or agreements
within critical habitats, critical watershed areas, protected areas and KBAs
shall be reviewed, and their legality affirmed. All erroneous titles,
settlements, permits, leases, and/or agreements within permanent
forestlands shall be cancelled or revoked in*due course. Noncompliance
with and violations of these instruments shall be grounds for their
cancellation or revocation: Provided, That the applicable provisions of the
IPRA of 1997 shall be respected.

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

SEC. 18. Additional Areas to be Included as Permanent Forestlands, —
The following lands are needed for environmental protection and forestry
purposes and shall not be reclassified as agricultural lands or for any other
land use:

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

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

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

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

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

22


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

SEC. 19. Reversion of Alienable and Disposable Lands to Forestlands. -
Upon the recommendation of the DENR Secretary, duly reviewed and
endorsed by the NLUPC, and after due consultations with the concerned
LGUs and the affected parties, Congress may authorize the reversion of
alienable and disposable lands of the public domain or portion thereof to
forestlands.

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

SEC. 21. Formulation and Implementation of Integrated Watershed
Management Plans. — With the assistance of the DENR and upon
mandatory consultations with the concerned sectors and communities, the
LGUs, through their local land use boards, shall prepare their watershed
management plans which shall be integrated into their respective CLUPs.
The formulation and integration of the plan shall be guided, among others,
by the principle of the management and development of inland water
resources at the watershed level and shall be consistent with the National
Forestry Master Plan (NFMP).

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

SEC. 22. Establishment and Management of National Parks. - All areas
proclaimed by the President of the Philippines and Congress to be under the
NIPAS, unless disestablished, including those identified initial components
of the NIPAS as KBAs shall comprise the national parks classification of the
public domain. The DENR and the LGUs concerned shall ensure that such
areas are integrated in the CLUP and physical framework plans: Provided,
however, That the preparation of management plans protected
areas/national parks shall be in accordance with the provisions of the
NIPAS Act and other laws establishing or declaring specific areas as
protection areas.

SEC. 23. Establishment of Restoration Zones. — Restoration areas shall
be designated in the management plan as such. Designation of restoration
zones is compulsory in all forest management plans and for all LGUs.

ARTICLE 6. COASTAL ZONES

23


SEC. 24. Criteria for the Allocation and Utilization of Lands Within the
Coastal Zones.— The allocation and utilization of lands within the coastal
zones shall be subject to the following guidelines:

a.

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

Areas that meet all accepted criteria on elevation, soil type, soil
depth topography, supply for successful fishpond development,
and are not identified as mangrove protected areas shall be
utilized for aquaculture purposes as long as a 4:1 ratio for
mangroves and fishponds is maintained to support ecological
processes in mangrove ecosystems;

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

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

Areas that are neither subclassified as mangrove, fisherfolk
settlement nor fishpond may be devoted to recreational or
tourism purposes: Provided, That such undertaking will not
result in environmental degradation anddisplacement of small
fisherfolks;

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

Areas shall be allocated for small infrastructure needed by
municipal fisherfolk and for fishing gear, boats, and post-
harvest facilities; and

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

SEC. 25. Coastal Land Zone Subclassification. — All public lands in the

24


coastal zones shall be subclassified into any of the following: fishponds,
mangroves, protection from tidal surge for preservation of biodiversity,
habitats and sanctuaries for endangered wildlife, fisherfolk settlement, or
recreational/tourism areas.

No subclassification of coastal zones to different uses shall be done without
the following:

a. Conduct of a comprehensive inventory and resource and
environmental assessment by the DENR with respective LGUs
and accredited  nongovernment _organizations/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 localities; and

b. Prior consultation with local Fisheries and Aquatic Resource
Management Councils (FARMCs) formed pursuant to Republic
Act No. 8550 or the Fisheries Code.

SEC. 26, Zoning of Coastal Areas. — LGUs, in coordination with the DENR,
the FARMCS, local fisherfolk organizations and other concerned
stakeholders such as women and youth, shall prepare 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 zoning ordinance (ZO)

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

SEC. 28. Protection of Waterways, Easements and Flood Plains. —
Structures of any kind shall not be built in waterways and easements.
Pursuant to Presidential Decree No. 1067 or the Water Code 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 and forty (40) meters
in forest areas, along their margins, are subject to the easement of public
use only in the interest of recreation, navigation, floatage, fishing and
salvage.

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

25


CLUPs and ZOs, LGUs shall establish land use regulations to mitigate flood
risks.

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

SEC. 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 Agreement (FLA) shall be issued for tidai swamps,
mangroves and oilier swamps, marshes, ponds, foreshore lands, and coastal
areas within public lands, including those presently declared available for
fishpond development. The Land Use Policy Council (LUPC), in coordination
with the DENR, the DA, the FARMCs and the LGUs, shall set aside a portion
of available public lands for fish propagation, fish sanctuary, coriservation,
ecological purposes and fisherfolk settlement areas. Fishponds covered by
existing FLAs, but are abandoned or are not operating efficiently and are
found suitable for mangroves, shall be reforested with mangroves.

SEC. 30. Immediate Restoration of Converted Mangrove Areas. - The
DENR, in coordination with the FARMCs and other concerned agencies,
shall immediately take steps in the restoration of all abandoned,
undeveloped and underutilized fishponds to their original state as mangrove
forests.

ARTICLE 7. MINERAL LANDS

SEC, 31. Policies on Mineral Lands. — Land use policies for mineral lands
shall be geared towards the rational, ecologically sound, and sustainable
use of mineral resources which shall promote economic growth for the local
economy and uphold the human rights of IPs and local communities in the
affected areas.

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

a. _ The principles of sustainable development;

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

©. Mineral reservations which have become nonoperational for more

26


than ten (10) years, as determined by the Mines and Geosciences
Bureau (MGB), shall be placed under appropriate surface
management by the DENR; and

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

SEC. 33. Reversion of Mineral Lands. - All mineral lands with exhausted
mineral resources, as determined by the MGB, shall automatically revert to
their original land classification, that is, as forestland or agricultural land
The concerned mining companies shall bear the full cost of rehabilitation of
these areas.

ARTICLE 8. ENERGY RESOURCES

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

a. Indigenous energy resource exploration and development for the
purpose of creating a National Energy Resource Inventory and
Database as well as an Energy Resource Block Map shall be
allowed subject to the implementation of complementary
watershed and other land management plans;

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

c. Protected areas defined in Section 6 shall be closed to any kind
of energy resource development;
d. 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

e. Renewable energy shall be preferred over other energy resource.

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SEC.35. Reversion of Energy Resource Lands. ~ All exhausted indigenous
energy resource lands, as determined by the Department of Energy (DOE),
which are not covered by proclamations shall automatically revert to the
category of forestlands or agricultural lands open to disposition, whichever
is appropriate, unless the DENR shall classify such areas for other
purposes. Exhausted energy resource lands shall refer to specific energy
resource sites whose energy reserves of the desired type/s are no longer in
sufficient quantity or quality to justify additional expenditure for their
extraction and utilization.

ARTICLE 9.SETTLEMENTS DEVELOPMENT

SEC. 36. Municipalities, Cities, and Settlements Development— The
development of municipalities, cities, and settlements through the CLUP and
implemented by the ZOs of cities and municipalities shall be guided by
urban zoning standards designed to maximize existing urban spaces, taking
into account studies of pertinent government agencies on climate change.

SEC. 37. Settlements Within Geo-hazard Areas and/or High
Risk/Danger Zones. - Settlements within geo-hazard areas and/or high
risk/danger zones shall not be allowed. In cases where there are existing
settlements within geo-hazard areas and/or high risk/danger zones, the
concerned government agencies shall provide assistance to concerned LGUs
and settlers in instituting safety and corrective measures to address the
potential danger or risk.

SEC. 38. Designation of Waste and Environment Management Site. —
Each city or municipality shall identify and designate an area to serve as
waste and environment management, waste disposal, and facilities within
one (1) year from the effectivity of this Act. The LGUs, in coordination with
the DENR or any other competent authority, shall identify sanitary landfill
in order to fast-track the conduct of the Environment Impact Assessment
(EIA) study and to facilitate the processing of the ECC. The site or area shall
be identified in the city’s or municipality’s CLUP. For this purpose, cities
and municipalities shall establish their solid waste management program,
pursuant to Republic Act No. 9003, otherwise known as the “Ecological
Solid Waste Management Act of 2000”. Likewise, as provided under Section
33 of the Local Government Code of 1991, cities and municipalities may,
through appropriate ordinances, bind themselves towards the establishment
of a common solid waste management program.

Within ninety (90) days from the effectivity of this Act, the DENR, in
coordination with concerned agencies, shall promulgate the necessary
guidelines and standards for the formulation and establishment of solid
waste management programs by cities and municipalities, and shall submit
the same to the NLUPC for review and approval.

SEC. 39. Designation and Zoning of Socialized Housing Sites. - Each
city or municipality in urban, urbanizable and rural areas shall designate

28


through the CLUP adequate lands for housing or residential purposes,
including socialized housing and resettlement areas, for the immediate and
future needs of the local population as well as the underprivileged and
homeless in their territory, pursuant to existing laws and regulations. In
order to ensure adequate availability of land for the housing needs of the
local population, the CLUP may be revised at the minimum of ten (10) years,
and reviewable not earlier than every five (5) years.

‘The designated sites for socialized housing shall be located in residential
zones, and shall be zoned as socialized housing zones that are integrated in
the city’s or municipality’s ZO, duly approved by the NLUPC, pursuant to
existing laws and regulations. Preference shall be given to lands proximate
to public transportation facilities which may include inter alia railways and
public terminals.

The location of resettlement areas may either be on-site or off-site and may
be within the city or municipality: Provided, That designated settlement and
socialized housing areas shall consider the proximity and accessibility of the
affected community to employment, economic activities and social services.

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

SEC. 40. Zoning of Identified Sites for Socialized Housing. - The
identified sites for socialized housing shall be located in residential zones
identified by the city’s or municipality’s CLUP and ZO duly approved by the
NLUPC. However, for cities and municipalities where the identified sites are
not within the said residential zones, the location shall be within the priority
sites and conform with the suitability criteria as defined in Sections 6.3 and
6.4 of the Guidelines in HUDCC Resolution No. 521, series of 1992, or as
may be defined in subsequent issuances. The identified sites shall be zoned
as socialized housing zones as defined herein.

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

SEC. 41. Valuation of Lands for Socialized Housing. - Equitable land
valuation guidelines for socialized housing shall be set by the Department of
Finance (DOF) on the basis of the market value reflected in the zonal
valuation or, in its absence, on the latest real property tax declaration. For
sites already occupied by qualified beneficiaries under the UDHA, and sites

29


identified as socialized housing zones as defined in this Act, the DOF shall
factor into the valuation, the blighted status of the land as certified by the
LGU or the National Housing Authority (NHA)

SEC. 42. Guidelines for Identification of Settlement Sites. - In
identifying settlement areas, prospective sites should be:

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

. Along established urban growth directions;
With provisions for or can be provided with basic services and
utilities;

. Within the 0-8% slope range; and

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

os

op

SEC. 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, based on the guidelines and
standards to be issued by the DENR and approved by the NLUPC.

SEC. 44, Protection of Ecological Harmony. - To ensure the ecological
harmony of towns, cities and settlements, certain projects that can alter the
present use of a zoned area shall not be issued a building permit, business
permit, and/or development permit. The identification of these projects shall
be done in coordination with the LGU concerned. All LGUs shall be required
to designate restoration areas in their forestland use plans

ARTICLE 10, INDUSTRIAL DEVELOPMENT AREAS/SITES

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

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

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

c, Identified growth areas and corridors in the National

Development Plan;

d.  NIPAS and non-NIPAS areas such as, but not limited to, KBAs
and restored areas that require protection;

National and Urban Development and Housing Framework;
Identified socialized housing zones; and

mo

30


2 National Framework for Physical Planning and other existing
national programs and policies.

The designated industrial development areas shall be located only in
production land use areas and shall become an integral part of the land use
plan and ZO of the city or municipality where these areas are located. The
laws on CARP Extension with Reforms (CARPER), the IPRA, the UDHA, the
Fisheries Code, the AFMA and the Local Government Code shall apply to all
special economic zones and freeports.

ARTICLE 11.TOURISM DEVELOPMENT AREAS

SEC. 46. Designating Tourism Development Areas. — The identification,
selection, and development of tourism development areas, and Tourism
Enterprise Zones (TBZs} shall be done in consultation and coordination with
the concerned LGUs, TIEZA, DOT, and other concerned national government
agencies, the private sector and the affected communities, subject to the
provisions of Republic Act No, 9593 or the Tourism Act of 2009. Tourism
development areas shall likewise include those covered by legislative and
executive issuances such as tourist spots, tourist zones and tourism
ecozones which can be developed into tourism estates or integrated resort,
leisure and recreation complexes and other tourism-related facilities as well
as those identified in the national, regional, and area-specific tourism
master plans and other sector plans, such as ecotourism and agri-tourism
sites: Provided, That such sites designated for tourism development are
outside of areas identified for protection land use. As much as practicable,
community-based tourism shall be the principal mode of tourist spot
operation. The laws on CARPER, IPRA, UDHA, the Fisheries Code, AFMA,
the Local Government Code and National Ecotourism Strategy shall likewise
apply to all tourist zones and tourist development areas.

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

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

The NHCP and the NM, in consultation with the NCCA and the Housing and
Land Use Regulatory Board (HLURB), shall designate heritage zones to
protect the historical and cultural integrity of a geographical area that is
significant to national history.

31


The LGUs, in consultation with the NHCP, the NM, and the NCCA, shall
designate heritage zones to protect the historical and cultural integrity of
geographical areas and cultural spaces of intangible cultural properties,
which are significant to a city or municipality and the community.

ARTICLE 12.INFRASTRUCTURE DEVELOPMENT

SEC. 48, Allocation and Use of Land for Infrastructure Developmen
Land, whether public or private, shall be allocated and utilized for priority
infrastructure projects that are supportive of national or local development
objectives. The National Economic and Development Authority (NEDA), in
consultation with the concerned national government agencies, LGUs, and
the private sector, shall identify and periodically review, update and/or
revise the list of priority infrastructure projects under an overall national
strategic infrastructure development plan subject to the provisions of this
Act, AFMA and IPRA: Provided, That such national strategic infrastructure
development plan shall be consistent and integrated in the objectives and
directions of the NPFP.

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

a. Respond to immediate and vital requirements of the national and
regional economy with priority to improving production-market
integration, inter-modal transport, conveyance and _ logistics
linkages, rural infrastructure and the development of the
agriculture and fisheries sectors;

b. Upgrade existing facilities to international public safety

standards;

Address the need for sustainable settlements development; and

Mitigate the destructive effects of natural disaster-causing

phenomena or those that shall serve as alternatives to existing

infrastructure found in natural hazard-prone areas,

ae

Provided, That the provision and implementation of infrastructure support
shall be made compatible with existing environmental conditions and the
physical, whether natural or human-made, and cultural character of the
area. Mandatory public consultations pursuant to existing laws and
regulations shall be held prior to the conduct of all infrastructure projects
that will necessarily involve dislocation or 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 iast resort, notwithstanding the provisions of Repulttic Act No.
8975, prohibiting lower courts from issuing temporary restraining orders,
preliminary injunctions, or preliminary mandatory injunctions, and that the

32


proponent shall follow provisions of the IPRA, particularly those pertaining
to the rights of ICCs/IPs in case of displacement:

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

SEC. 49.Infrastructure Projects Within Geo-hazard Areas. ~Construction
of priority infrastructure projects within hazard-prone areas shall be
allowed: Provided, ‘That mitigating and/or preventive measures are adopted
and implemented to address the potential adverse economic, sociocultural,
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 were undertaken without the required EIA and which
pose a threat to the environment, or to the integrity of historic,
archaeological, or scientifically significant areas, or impinge on critical
ecosystems, may be terminated immediately, or gradually phased-out
and relocated, or maintained up to their life span, subject, however, to
mitigating measures: Provided, That the rules on mandatory public
hearings/consultations and just and humane eviction or demolition shall
also be observed prior to the termination, gradual phase-out, or relocation of
projects that will necessarily involve dislocation or displacement of people in
the area.

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

A set of national policy guidelines and standards for physical planning shall
be formulated by the NLUPC. These shall guide the preparation and
formulation of the national, regional and provincial physical framework
plans

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

‘The NPFP shall define the national strategy and objectives of the country’s
urban, rural and regional development. It shall guide the rational

33


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) and PPFPs.

The RPFPs, the PPFPs and the CLUPs, which cover the physical development
of their respective territories, shall be consistent with the NPFP: Provided,
‘That the integration and harmonization of physical framework plans at all
levels shall be iterative to ensure that the concerns of both top and bottom
levels of government are considered in the NPFPs, RPFPs, PPFPs and CLUPs.

The physical framework and land use plans prepared at all levels shall be
consistent with each other, specificaliy on the linkages of the major iand use
categories to ensure their complementation in the utilization, development
and management of resources.

‘The period of coverage of the national, regional and provincial framework
plans shail be thirty (30) years with regular review and updating every ten
(10) years.

SEC, 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 subnational levels, and indicate broad spatial
directions and policy guidelines on protection land use, production land use,
settlement development and infrastructure development. The NPFP shall be
the basis for adopting the land use and physical planning-related guidelines,
including zoning and other land use control standards that will guide the
formulation of city /municipal ZOs.

The NLUPC, in consultation with concerned sectors and communities, shall
update the NPFP after such period that objectives and goals set by the NPFP
have been substantially achieved. It shall also formulate and issue the
appropriate planning guidelines and standards through which all physical
planning, land use and management of resources shall be reviewed,
prepared, formulated and monitored.

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

SEC. 52. Regional Physical Framework Plan. — The RPFP shall provide
broad spatial directions and policy guidelines on protection land use,
production land use, settlement development, and _ infrastructure
development at the regional level and guide the formulation of the PPFPs.

34


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

The Regional Land Use Policy Council (RLUPC), created under Section 59 of
this Act, shall formulate and periodically update the RPFP based on the
guidelines issued by the NLUPC, in a manner consistent with and following
the objectives of the 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.

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

Further, the PPFP shall serve as basis for other sectoral and development
plans related to land, natural resources, and infrastructure facilities,
including the development plan of the province; reconciliation and
rationalization of land use proposals among component cities and
municipalities and with the higher level framework plan; guiding
development agencies and private developers, particularly those that
undertake large-scale projects; and providing a basis for resolving conflicts
arising from the implementation of land use plans and development projects
involving two (2) or more municipalities.

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

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

Under the general supervision of the PLUPMB, the Provincial Planning and
Development Office/Coordinator (PPDO/PPDC) shall provide technical,

35


secretariat and administrative support in the preparation, consultation,
integration and formulation process of the PPFP.

SEC. 54. City and Municipal Land Use Plans. - 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 pambarangaythrough stakeholder
consultations. The CLUP shall determine the specific uses of land and other
physical and natural resources, both private and public, within their
territorial jurisdiction including areas co-managed with the national
government and, as appropriate, management plans for ancestral domains,
critical watersheds, river basins, and protected areas.

‘The CLUP shall delineate actual boundaries on the ground within the
territorial jurisdiction, embody the desired land use patterns of the
barangay, city or municipality, translate and integrate sectoral plans, and
provide appropriate policies for each of the four (4) land use planning
categories. The spatial directions prescribed in the CLUP shall serve as the
basis for the preparation and formulation of the Comprehensive
Development Plan (CDP) and tite 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 concerned
sectors, prepare their respective CLUPs. The City/Municipal 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 Planning and Development
Office /Coordinator(C/MPDO/PDC) shall provide technical, secretariat and
administrative support in the preparation, consultation, 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. The
approved CLUPs shall be submitted to the province for integration into the
PPEP.

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 55,Creation of the NLUPC. - The National Land Use Committee
(NLUC) under the NEDA Board (NB) is hereby abolished and, in its stead,
the NLUPC shall be created. It shall exercise the powers and responsibilities
identified under this Act and assume the functions of the NEDA Board-
National Land Use Committee (NB-NLUC). It shall further exercise the
powers and functions pertaining to land use planning vested by law to the
HLURB, except the following:

36


a. Formulate land use planning guidelines in the preparation of the
CLUPs and ZOs of LGUs to ensure compliance with the national
policies, objectives, priorities and directions set by the NLUPC;

b. Provide technical and other forms of planning assistance to, including
capacity building for, LGUs and zoning boards; and

c. Act as the appellate body on decisions of local zoning bodies on
locational clearance applications and/or oppositions thereto and other
zoning issues involving private rights.

The NLUPC shall act as the highest policy-making body on land use and
shall resolve land use policy conflicts between or among agencies, branches,
or levels of the government. It shall integrate efforts, monitor developments
relating to land use and the evolution of policies.

SEC. 56. Composition of the NLUPC. —- The NLUPC shall be headed by
the Secretary of the NEDA as Chairperson. It shall choose a Vice
Chairperson from among the members of the Council, who shall assume the
functions of the Chairperson in case of absence. The NLUPC shall meet at
least once every quarter.

The members of the Council shall be the following:

a. The Secretary of the Department of Agrarian Reform (DAR);
b. The Secretary of the Department of Agriculture (DA);
c. The Secretary of the Department of Environment and Natural
Resources (DENR);

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

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

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

g. The Chief Executive Officer of the Housing and Land Use Regulatory
Board (HLURB);

h. The Administrator of the Nationai Mapping and Resource information
Authority (NAMRIA);

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

. Two (2) representatives each from four (4) basic sectors directly
involved in land use, rfamely: urban poor, peasants, fisherfolk, and
indigenous peoples who shall be appointed by the respective National
Anti-Poverty Commission (NAPC) sectoral councils. Of the eight (8)
sectoral representatives, at least four (4) shall be women: Provided,
That one of whom shall be from the Moro sector;

1. Four (4) representatives from the developers’ associations; the

accredited associations of professionals dealing with land use such as,
but not limited to, urban and regional planners, environmental

eo

37


planners, architects, geologists and geodetic engineers; the business
or private sectors; and

m. The Head of the NLUPC Secretariat shall be a nonvoting 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 lower than Undersecretary

SEC.57.Powers and Functions of the NLUPC. — The NLUPC shall have the
following powers and functions:

a.

Guide the determination and identification of the country’s strategic
land use development and physical planning objectives, priorities and
direction, as well as recommend the adoption, passage, or amendment
of laws to ensure that plans, programs, projects, and activities,
including local government initiatives affecting land use are consistent
with national development objectives;

. Formulate the necessary national policy guidelines in the preparation

of the country’s physical framework ptans, including the setting of
limits/target key land uses needed 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 concerned national agencies, and that the
RPFP, PPFP and CLUPs shall be consistent with the NPFP;

. Ensure the consistency of other national development and sectoral

plans and programs, including the medium-term Philippine
Development Plan and Public Investment Program (PIP), 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 laws to ensure that
sectoral plans, projects and activities. including local government
initiatives affecting land use are consistent with national development
objectives;

Resolve policy conflicts on land uses between or among agencies,
branches, or levels of government and unresolved land use policy
conflicts at the regional level;

. Issue locational clearance for projects of national significance;

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

Review the NPFP every ten (10) years;

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

38


k, Adopt rules of procedures for the orderly and expeditious conduct of
meetings and other business of the Council; and

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

SEC.58.TheNLUPC Secretariat. — The existing unit of the NEDA in charge
of Land Use and Physical Planning Division shall act as the NLUPC
Secretariat which shall perform functions such as, but not limited to,
managing information, gathering of data, coordinate the monitoring of
government agencies and LGUs, ensuring multi-stakeholder participation
towards formation of local land use policy boards, sharing of database and
mapping systems, and reinforcing relevant assessment tools and capability-
building programs.

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC.59. The Regional Land Use Policy Council (RLUPC).— At the regional
level, the Regional Land Use Committee (RLUC) is hereby abolished and, in
its stead, the RLUPC shall be created. The RLUPC shaii be institutionalized,
replicating the NLUPC structure and composition. It shall be chaired by the
NEDA Regional Director and shall exercise the following functions:

a. Formulate regional policies and guidelines which are consistent with
the national planning guidelines issued" by the NLUPC in the
preparation and formulation of the respective provincial physical
planning and comprehensive land use plans of LGUs within its
jurisdiction;

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

c. Review, prior to adoption by the respective sanggunians, the PPFPs
and CLUPs of highly-urbanized and independent component cities to
ensure consistency with the RPFP and national policies set forth by
the NLUPC;

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

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

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

g. Evaluate consistency of major programs and projects of regional
agencies and entities with the RPFP and their impact on land use and
the environment; and

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

In forestland use management, where the watershed area/continuum covers

39


several municipalities across different provinces, an inter-LGU task force
composed of representatives from the RLUPC and the concerned municipal
local government units where the watershed area is located shall be formed.
With the assistance of the DENR and upon mandatory consultations with
the concerned sectors, the inter-LGU task force shall formulate the
watershed management plan for the said watershed area.

SEC,60.The Provincial Land Use Planning and Management Board
(PLUPMB). ~The Provincial Land Use Committee (PLUC) is hereby abolished
The PLUPMB is created in all provinces under this Act to oversee the
preparation, integration, adoption and approval of the PPFP and shall
ensure its consistency with approved national and regional planning
guidelines, The PLUPMB shall also be directly responsible for the effective
management and implementation of the approved PPFP and ensure that any
existing and future development initiatives, programs and projects
introduced within its jurisdiction are consistent with and supportive of the
land use resource management and physical planning objectives, directions
and character identified in the approved PPFP.

SEC.61.Powers and Responsililities of the PLUPMB. — The following are
the powers and responsibilities of the PLUPMB:

a. Formulate necessary provincial planning guidelines and/or
implementing policies for the preparation and formulation of the
respective CLUPswithin its jurisdiction consistent with approved
national and regional planning policies and guidelines;

b. Submit to the PDC the draft CLUP for its transmission to the
sangguniang panlalawigan and for the PDC to use it as reference for
consistency and complementation with other development plans;

c. 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;

d. After an appropriate period of time or upon instruction and advice by
the NLUPC, conduct and initiate a progress review of the PPFP and the
achievement of its stated objectives and goals, and update the PPFP;

e. Decide and resolve policy conflicts on land use planning,
classification, and allocation that may arise between or among
cities/municipalities and facilitate the resolution of any unresolved
land use conflict, including politicak boundary conflicts, at the
city /municipality level;

f Advise the sangguniang panlalawigan on all matters pertaining to land
use and physical planning;

g. 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

40


h. Assist the sangguniang panlalawigan in reviewing the submitted
CLUPs of component cities/municipalities to ensure consistency with
the PPFP.

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

SEC. 62. Composition of the PLUPMB. — The PLUPMB shall be
composed of the following fifteen (15) members to be selected based on the
rules to be formulated by the NLUPC as provided in this Act:

a. Provincial Planning and Development Coordinator (PPDC);

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

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

d, Provincial Agrarian Reform Officer (PARQ);

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

f, Provincial Agricultural Officer (PAO);

g. NCIP Provincial Officer;

h, HLURB Regional Officer;

i. Three (3) representatives from the local business or private sector; the

developers’ association and accredited associations of professionals
dealing with land use such as, but not limited to, urban and regional
planners, environmental planners, architects, geologists, geodetic
engineers; and chamber of commerce, who shall be appointed from
among the accredited organizations within their respective
development councils;

j. Four (4) representatives from the basic sector groups (urban poor,
fisherfolk, farmers and indigenous peoples): Provided, That at least
two (2) representatives shall be women: Provided, further, That the
representatives shall be appointed from among the accredited
organizations within their respective development councils: Provided,
finally, That, in predominantly Muslim areas, one of whom shall be
from the Moro sector; and

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

Except for ex officio members, the members of the PLUPMB shall be
appointed for a term of three (3) years, subject, however, to the elected office
held, government employment and/or official designation of the LGU,
national agency and/or local business/private sector association or basic
sector group representation in the board. The NLUPC, within ninety (90)
days from its establishment, shall formulate the rules for the selection of the
Chairperson and the members in the PLUPMB. The PPDO/PPDC shall
provide technical secretariat and administrative support and resources for
the effective operation of the PLUPMB.

41


Aside from the PPDO, the PLUPMB may call upon other local and national
government offices and agencies such as the local Engineer, Assessor, and
local field representatives of the DA, DPWH, the Department of
Transportation and Communications (DOTC), DOT, DENR, DAR, the
Department of Education (DepED), NCIP and other concerned national
agencies to assist the PLUPMB in the performance of its roles and
mandates.

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

SEC. 63.City/Municipal Land Use Planning and Management Board
(C/MLUPMB). - A C/MLUPMB is hereby created under this Act in all
municipalities and cities, including highly-urbanized and component cities,
to oversee the preparation, integration, adoption and approval of their
respective CLUPs. It shall issue a Certificate of Compliance prior to the
submission of the CLUP to the sanggunian to 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 existing and future local policies, including ZOs, development
initiatives, programs and projects introduced within its jurisdiction, are
consistent with and supportive of the land use resource management and
physical planning objectives, directions and character identified by the
approved CLUP.

SEC.64. Powers and Responsibilities of the C/MLUPMB. — The
C/MLUPMB shall exercise the following powers and functions:

a. Ensure the inclusion of the input of the barangays within the
jurisdiction of the respective city/municipalityon sectoral, temporal
and spatial dimensions of the plan and its consistency with approved
national, regional and provincial planning guidelines;

b. 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;

©. Issue a Certificate of Compliance to the sanggunian as proof that the
CLUP is compliant with national land use polices, guidelines and
standards;

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

a2


SEC,

. Decide and resolve policy conflicts on land use planning,

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

Based on the CLUP, review and endorse for approval/disapproval
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;

. Advise the sangguniang bayan on all matters pertaining to land use

and physical planning; and

. Promote cooperation and sharing of resources between and among its

barangays and neighboring LGUs to address common land use and
development issues, including those related to geo-physical hazards,
watershed and river basins, coastal and marine waters, climate
change impact and disaster risks.

65. Composition of the C/MLUPMB. — The C/MLUMPPB shall be

composed of the following thirteen (13) members and shall be headed by a
Chairperson:

ao

a. City/Municipal Planning and Development Coordinator (C/MPDC);
b.

Chairperson, Sangguniang Bayan Committee on Environment and
Natural Resources;

. President of the Association of Barangay Captains (ABC);
. Municipal Agrarian Reform Officer (MARO);
. LGU Environment and Natural Resources Officer (City/Municipal

ENRO);
Municipal Agriculture Office (MAO);

Three (3) representatives from the local business/private sector; the
developers’ associations; the accredited associations of professionals
dealing with land use such as, but not limited to, urban and regional
planners, environmental planners, architects, geologists and geodetic
engineers; and association/chamber of commerce, who shall be
appointed from among the accredited organizations within their
respective development councils;

Four (4) representatives from the basic sector groups (urban poor,
fisherfolk, farmers and indigenous peoples): Provided, That at least
two (2) representatives shall be women: Provided, further, That the
representatives shall be appointed from among the accredited
organizations within their respective development councils: Provided,
finally, That, in predominantly Muslim areas, one of whom shall be
from the Moro sector; and

Designated Board Chairperson, to be chosen among the members.

Except for ex officio members, the members of the C/MLUPMB shall be
appointed for a term of three (3) years, subject, however, to the elected office

held,

government employment and/or official designation in the LGU,

national agency and/or local business/private sector association or basic
sector group representation in the board. The NLUPC, within ninety (90)

43


days from its establishment, shall formulate the rules for the selection of the
Chairperson and members of the C/MLUPMB. The City/Municipal Planning
and Development Office/Coordinator (C/MPDO/C) shall provide technical
secretariat and administrative support and resources for the effective
operation of the C/MLUPMB.

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

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

LGUs shall create and/or activate their respective C/MLUPMB, upon
guidelines issued by the NLUPC for such purposes, not later than six (6)
months from the effectivity of this Act.

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

SEC.66.Approval and Review of the PPFP and the CLUPs. — The PPFP
and the CLUPs of the respective city/municipal LGUs, including highly
urbanized cities and independent component cities, shall be submitted by
the local land use boards to the LDCs for transmission to the local
sanggunian for approval.

SEC. 67.Approval of the RPFP and the NPFP. ~ The RPFP and the NPFP
shall be submitted for review and approval of the RLUPC and the NLUPC,
respectively, upon the conduct of appropriate stakeholder and agency
consultations: Provided, That such processes and guidelines shall be
prepared and issued by the NLUPC within six (6) months from effectivity of
this Act.

CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR
LAND USE PLANNING

SEC. 68.National Mapping and Spatial Data Infrastructure Program
(NMSDIP). - A national mapping program shall be implemented, coordinated
and monitored through the creation of the Inter-Agency Technical
Committee (ITC) composed of the NAMRIA as the lead agency, the Bureau of

44


Soils and Water Management (BSWM), the Forest Management Bureau
(FMB), the LMB, the Land Registration Authority (LRA), the Protected Areas
and Wildlife Bureau (PAWB), the MGB, the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), the DAR, the DA, the NCIP, the
National Water Resources Board (NWRB), the Department of Energy (DOE),
the National Disaster Risk Reduction and Management Council (NDRRMC),
the NEDA, and other concerned government agencies. The ITC shall be
constituted, and the mapping and spatial data infrastructure program shall
be initiated within thirty (30) days from the effectivity of this Act. The
program shall be responsible for the production of base and decision maps
and associated spatial databases for all planning levels based on the
guidelines of the NLUPC.

Under the program, all government stakeholders concerned in the
production of maps of various themes shall collaboratively formulate the
government’s spatial data infrastructure master plan and respective
government agency/stakeholders’ spatial data infrastructure plans which
shall be the basis for subsequent funding and eventual project
implementation and/or operation.

All pertinent and updated thematic maps/data from supporting agencies of
the program shall be submitted to the NAMRIA for compilation and
integration into a national geospatial database established under the
program.

The NAMRIA shall finish its base mapping program within two (2) years
upon the effectivity of this Act and provide updates thereof to support the
implementation of the spatial data infrastructure program.

The spatial and non-spatial data generated by these activities shall be
transmitted to the LGU as soon as practicable. Existing land information
data available to the national government agencies as of the effectivity of
this Act shall be immediately transmitted to the LGUs.

For purposes of uniformity and standardization, the LGUs, assisted by the
appropriate agencies of the national government, shall likewise prepare their
respective maps using scales, symbols, and other indicators to be prescribed
in accordance with this Act. The completed maps shall be integrated in the
NPFP, pursuant to Section 51 of this Act.

SEC. 69. Maps for Planning. — Within one (1) year after the NLUPC’s
approval of the Guidelines and Standards for planning at all levels, available
NAMRIA maps and all maps made available to the NAMRIA by supporting
agencies shall be submitted to the NLUPC for national, provincial, cities and
municipalities planning. The NLUPC shall forward these maps to the
respective PLUPMBs and C/MLUPMBs after it has reviewed and approved
them.

45


Pertinent maps to be produced through the NMSDIP shall include, among
others:
Topographic maps;
Geologic maps;
Hydrologic maps;
Climate maps;
Soils maps;
Slope maps;
Mineral resource maps;
Existing land use maps;
Land suitability maps for:
1. Settlements;
2. Agriculture;
3, Industrial areas; and
4. Others;
j. Agricultural maps:
Network of NPAAAD;
. Commodity specific development guide maps;
. Land limitation maps;
. Cropping system zones maps;
.. Hydro-ecological conditions maps; and
. Irrigation systems maps;
k. Land classification maps;
Municipal waters delineation maps and MPAs;
m. Geo-hazards maps:
1, Flood-prone areas;
2. Hazard zonation maps for volcanoes:
3. Map of fault systems;
4, Tsunami-prone areas; and
5. Erosion-prone areas;
Tourism maps;
Transportation maps;
Traffic flow;
Maps designating areas served by:
1. Power;
2. Telecommunications; and
3. Water;
r. Maps indicating the following facilities:
1, Health;
2. Education; and
3. Power;
Domestic water supply;
Industrial areas;
Population distribution map;
Ancestral domain map;
NIPAS areas;
Areas suitable for urban expansion;
Watershed areas; and
Forestlands:

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46


1, Protection areas;

2. Production areas; and

3. Restoration areas:
i. Key biodiversity areas; and
ii, Marine protected areas.

SEC. 70. Ground Delineation of the Country’s Permanent Forest Line. —
Pursuant to the Constitution and hereby provided for under this Act, the
final determination and ground delineation of the country’s permanent
forest line shall be completed within one (1) year from the effectivity of this
Act: Provided, That appropriations for the fulfillment of this provision shall
be included in the annual appropriations of the DENR: Provided, further,
‘That the complete report of the delineation of the country’s permanent forest
line shall be submitted to the NLUPC for appropriate integration in the
country’s strategic land use development plan and policies.

SEC. 71. Completion and Updating of Existing Cadastral Surveys. - The
completion of incomplete cadastral surveys of LGUs and the updating of
existing surveys shall be given priority consideration and allocation of
resources in the implementation of this Act. The DENR shall include in its
annual appropriations the completion and updating of all incomplete and
existing cadastral surveys of all LGUs in the country: Provided, That such
surveys and maps shail be integrated into the national spatial database
information and mapping system.

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

SEC, 72. Ground Delineation of Land Use. - For effective planning to take
place at the local level and for the easy enforcement of the ZO of each
city/municipality, land uses must be identifiable both on the map and on
the ground. A joint committee comprised of the LGU, as represented by its
M/CLUPMB, and of the national government agency concerned, to be
assisted by the C/MPDC, shall identify and delineate on the ground the land
uses within their jurisdiction. The following shall be given priority:

a. Forestlands:
1, Protection; and
2. Production;
b. Ancestral domains;
c. NIPAS areas:
1. Strict protection zone; and
2. Multiple-use zone;
d. Watershed areas:
1. Critical; and
2. Multiple use;

47


Network of NPAAAD;

Socialized housing sites and settlement expansion areas;
Extents of environmentally-constrained areas;

Easement areas; and

. Critical coastal areas:

1. Mangroves; and

2. Sea grass.

oem ao

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

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

SEC, 73, National Geo-hazard Mapping Program. - Within thirty (30)
days from the effectivity of this Act, a nationwide geo-hazard mapping
program shall be initiated jointly throughthe NLUPC by the PHIVOLCS, the
Philippine Atmospheric Geophysical and Astronomical _ Services
Administration (PAGASA), the NAMRIA, the MGB, and the DOE, in
coordination with the NDRRMC, the Regional Disaster Risk Reduction
Management Councils, and other concerned government agencies. The
program shall include the generation of indicative geo-hazard zoning maps
that will outline areas in the Philippines which are prone to liquefaction,
landslides, flooding, lahar, ground rupturing, tsunami, river erosion, coastal
erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow, base
surge, and other natural hazards.

For purposes of uniformity and standardization and in order to develop a
safe-built environment, the LGUs shall subsequently incorporate and
integrate the generated geo-hazard zoning maps 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.

All entities conducting infrastructure activities, including real estate and
subdivision projects and the development of tourist spots requiring an ECC,
shall submit an Engineering Geological and Geo-hazard Assessment Report
(BEGGAR).

SEC. 74. Scope and Nature of Responsibilities of Other National
Government Agencies. - All concerned national government
agencies/bodies shall periodically report to the NLUPC on the various
activities and accomplishments on land use. Likewise, they shall provide


their respective sectoral/development plans and provide technical and
administrative support if called upon by the NLUPC for the implementation
of the provisions of this Act

SEC, 75. Submission of Annual Report on the Implementation of CLUPs
and ZOs. — The local land use boards shall submit their annual report on
the implementation of their land use plans to their respective sanggunian
which shall submit the same to the RLUPCs for consolidation. The RLUPC
shall thereafter transmit the consolidated reports to the NLUPC for
monitoring and evaluation.

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

SEC. 76. Values Formation. - In order to develop a well-informed,
responsible and committed citizenry who value the protection, conservation
and development of the country’s limited land, and other physical resources,
the State shall mandate the inclusion of sustainable land use education or
any subject related thereto in the curricula of primary, secondary and
tertiary education.

SEC. 77. Information /Education Campaign and Capacity Building. - The
NLUPC shall undertake a nationwide information/education campaign on
land use and physical planning to be implemented by local and national
government agencies. The DILG and concerned agencies shall formulate and
implement a land use management capability building program for national
and local government officials, community leaders, representatives of NGOs,
POs, the religious sector, and the general public.

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES
ARTICLE 1. INCENTIVES AND AWARDS

SEC. 78. Formulation of a System of Incentives and Awards. - The
NLUPC shall come up with a system of incentives and awards to LGUs that
regularly update their CLUPs/ZOs once every eight (8) years.
SEC. 79. Priority in Giving Technical Assistance to LGUs. — In providing
technical assistance and other forms of support related to land use
management and implementation of development plans, national
government agencies shall give priority to cities and municipalities with
approved CLUPs and ZOs.

ARTICLE 2. SANCTIONS AND PENALTIES

SEC. 80. Fine for Failure to Commence or Complete the Development

49


of Agricultural Lands with Approved Conversion Order. For agricultural
lands with approved conversion orders, the provisions of Republic Act No.
6657 (CARL), as amended by Republic Act No. 9700, shall apply. A
landowner and/or the designated developer or duly authorized
representative who fail to commence and/or complete the development plan
defined in the conversion order shall be jointly and severally penalized. The
following fines based on the zonal value or the fair market value, whichever
is higher of the land at the time the fine shall be imposed:

a. Failure to commence within three (3) years from the date of the
conversion order:
1. Three percent (3%) for the first three (3) hectares;
2. Ten percent (10%) for the next three (3) hectares; and
3. Fifteen percent (15%) 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 may be covered by the DAR through compulsory acquisition for
distribution to qualified beneficiaries.

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

SEC. 81. Persons Abetting Illegal Conversion. — Any person initiating,
causing, inducing, or abetting illegal conversion with intent shall be
punished with imprisonment or a fine in accordance with Act No. 3815 or
Republic Act No. 3019, or both, at the discretion of the court.

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

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

SEC. 82. Penalty for Reclassification of Protected Agricultural Lands
and Exceeding the Limit of Areas Allowed for Reclassification. — Any

50


person initiating, causing, inducing, or abetting the reclassification to
nonagricultural uses of protected agricultural areas as defined in Section 13
hereof shall be penalized with imprisonment of twelve (12) years or a fine of
not less than one hundred thousand pesos (P100,000.00), or both, at the
discretion of the court.

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

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

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

SEC. 83. Payment of Disturbance Compensation. — Following the order of
priority stated in Section 22 of Republic Act No. 6657, as amended by
Republic Act No. 9700, agricultural lessees and share tenants, regular farm
workers, seasonal farm workers, other farm workers, actual tillers or
occupants of public lands, collective, or cooperative of the above
beneficiaries, and others directly working on the land affected by
agricultural land use conversion, shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the
gross harvests on the landholding during the preceding five (5) calendar
years or a certain percentage of the converted land, whichever is higher, as
determined by the DAR.

SEC. 84, Authority to Impose Fines. — The DAR shall have the authority to
impose the penalty provided under the preceding sections.

SEC. 85. Withdrawal of Local Development Permits and/or Licenses. -
Upon receipt of notice from the DAR, the concerned agencies, city or
municipality shall withdraw and/or revoke any development permit and/or
other licenses that may be necessary to develop the agricultural land subject
of conversion.

SEC. 86. Utilization of Fines. - The fines collected under Section 84 hereof
shall automatically accrue to the Agrarian Reform Fund consistent with the
provision of the CARL.

SEC. 87. Failure to Formulate, Implement and/or Enforce the CLUPs
and ZOs. - Consistent with due process, the NLUPC, in coordination with
the DILG, shall evaluate, review, and recommend the filing of charges
against local chief executives and other local officials and employees
responsible for the formulation, implementation and/or enforcement of the

51


CLUPs in the following cases:

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

b, Failure to complete the preparation of the CLUP despite the
availability of funds, resources, and support by the sanggunian
concerned;

c. Failure to provide appropriate budgetary allocation to effect its
implementation; and

d. Failure to implement and enforce the CLUP/ZOdue to negligence of
duty.

Any public official or employee, whether elected, appointed or holding
office/employment in a casual, temporary, holdover, permanent, or regular
capacity, found to be responsible for any of the foregoing acts, shall be
punished with forfeiture of salaries and allowances, and suspension from:
a. Three (3) to six (6) months, in case of noncompletion of the CLUP; or
b. Three (3) to six (6) months, in case of nonconformity with the NPFP; or
c. Six (6) to nine (9) months, in case of nonimplementation of the CLUP.

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

SEC. 88. Illegal Conversion of City or Municipal Parks, Communal
Forests, and Tree Parks in Subdivisions. ~ Penalties in the amount of one
hundred thousand pesos (P100,000.00) to five hundred thousand pesos
(P500,000.00) orimprisonment of six (6) years and one (1) day to twelve (12)
years, or both, at the discretion of the court shall be imposed for each of the
following offenses:

a. Illegally converting or causing the conversion of a city/municipal park,
communal forests, or tree parks within subdivisions established
pursuant to Presidential Decree No. 953 requiring the planting of trees
in certain places into other uses, including the construction of
permanent buildings;

b. Destroying or causing damage to the timberlands and other forest
products found in the abovementioned forest and parks;

c. Setting the abovementioned forests and parks on fire, or negligently
permitting a fire to be set therein; and

d. Assisting, aiding or abetting another person to commit the offenses
stated in this section.

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

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

52


offender who commits the same offense for the third time or more.

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

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

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

SEC. 89. Mandatory Review Every Ten (10) 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 it may be deemed necessary to ensure that
land use policies and guidelines remain responsive to changing
circumstances.

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

SEC. 90. Convening of the NLUPC.— Within thirty (30) days from the
effectivity of this Act, the Chairperson shall convene the NLUPC. The Head of
the NLUPC Secretariat shall immediately assume his/her position.

SEC. 91, Implementing Rules and Regulations. — Within ninety (90) days

SEC. 92. Congressional Oversight Committee on the Land Use Act, - A
Congressional Oversight Committee on the Land Use Act shall be created, tt

gPresentation of the parties or coalitions therein, with at least two (2)
Senators representing the minority. The members from the House of
Representatives shall be appointed by the Speaker of the House of
Representatives, also based on proportional representation of the parties or
coalitions therein, with at least two (2) members representing the minority.

The Oversight Committee shall function for a period of not more than three

53


(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.

SEC. 93.Transfer of Powers and Functions. - The functions of the HLURB
on land use planning as provided for under Sections 5(a), 5(b), 5(c), 5(d),
5(e), and 5(f) of Executive Order No. 648, series of 1991 and Executive Order
No. 72, series of 1993, shall be immediately transferred to the NLUPC and
its appropriate subnational LGU structures, except as provided in Section
55 hereof. Nothing in this Act shall be construed to transfer or limit the
functions embraced within the said provisions that pertain to or relate to
HLURB nonplanning functions.

SEC. 94. Appropriations. - The amount needed for the initial
implementation of this Act shall be charged against the current year's
appropriations of the NB-NLUC. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual
General Appropriations Act.

SEC. 95. Review of Existing Land Use Plans.— Provinces, cities, and
municipalities withexisting land use plans shall review, revise, reconcile,
and harmonize the same with the guidelines and standards issued by the
NLUFC within one (1) year from the effectivity of this Act.

SEC. 96. Access to Information. — Access to records and documents
pertaining to official acts, transactions, or decisions as well as to data used
as basis for policy development by the NLUPC shall be made available to the
public.

SEC. 97. Repealing Clause. - Section 10 of the AFMA and Sections 447
(a2vii) and 458 (a2viii) of the Local Government Code and their related laws
and administrative issuances are hereby modified by Section 13 hereof. The
pertinent provisions of Executive Order No. 648, Executive Order No. 72,
series of 1993 and Executive Order No. 770, series of 2008, amending Letter
of Instruction (LOI) No. 1350, are also modified accordingly. Section 11 of
the AFMA as to the penalty for agricultural inactivity and premature
conversion is also modified by Section 83 hereof. LOI No. 1350, series of
1983; Presidential Proclamation No. 2282, series of 1983; and all other
general and special laws, acts, decrees, executive orders, proclamations and
administrative regulations or any part thereof which are inconsistent with
this Act are hereby repealed 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.

SEC. 98. Non-impairment Clause. - Nothing in this Act shall be
construed as to diminish or, impair rights recognized, granted, or available

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to marginalized or the basic sectors under existing laws including, but not
limited to, Republic Acts Numbered 7279; 6657, as amended by Republic
Act No. 9700; 8371; 8550; and 7942.

SEC. 99. Separability Clause. - If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid, the other
sections or provisions not affected thereby shall remain in full force and
effect

SEC. 100. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.

Approved,

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