Republic of the Philippines
HOUSE OF seccentaTivegf
Quezon City

Nineteenth Congress
First Regular Session

420

HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

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

EXPLANATORY NOTE

Mosi of the issues pertinent to land use, land registration, agrarian reform,
ancestral domain, agricultural modernization. mining, taxation. urban development,
housing and local governance are already part of the existing laws in the country. These
laws are implemented to ensure that genuine sustainable development is achieved
considering the country’s limited land. natural. physical and other resources.

But. through the years. these laws covering conflicting uses of land are needed
to be raised again to discourse in order to provide the needs of the present to pave the
way of the development of the country’s lands and maximizing its use, Interconnecting
concerns on constant population growth, food production. human settlements, among
others, compete over the use of our limited resources, making it a need to come up with
a wider system of land use.

‘Therefore. it is vital 10 continually integrate and harmonize existing laws,
policies and guidelines in relation to land use and planning to craft a comprehensive
land use framework which would define land use plans and its accomplishment.

This bill proposes to provide the overal! framework for the rational allocation.
disposition. sustainable use. and management of land resources for a variety of
ecological and economic uses. It also aims to prevent premature conversion of
agricultural lands for other uses.

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This measure also proposes to develop a Physical Framework Plan and to define
the indicative uses of land and other physical resources from the national down to the
cities and municipalities to serve as the guiding principle of the local government units
(LGUs) in planning for their projects.

The need to effectively lay down this proposal to achieve genuine development,
as the government believes that there should be an orderly allocation of land for
agricultural use, residential use, commercial use. industrial use and other purposes it
may serve, must not be further delayed.

In view of the foregoing. the passage of this bill is eat

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

420

HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY,
PROVIDING THE IMPLEMENTING MECHANISMS,
AND APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES:

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

CHAPTERI
INTRODUCTORY PROVISIONS

SEC. 1. Title. - This Act shall be known as the "National Land Use Act of the
Philippines.”

SEC. 2. Declaration of Policies and Principles. - 1 is the policy of the State to
protect and advance the right of the Filipino people to a balanced and healthful ecology through
the rational allocation, utilization, development and management of the country’s land and
resources thercin that is consistent with the principles of sustainable development and
inclusive growth.

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

a) Settlements, transportation and other infrastructure development in support of
global urban competitiveness and inclusive growth:

b) Improved acess to affordable. livable and resilient housing through various means
such as by increasing land supply through direct land allocation and land banking. better access
to unutilized lands, including unutilized govemiment-owned lands. and promotion of multiple
uses and higher densities, where appropriate:

c) Energy security and energy resiliency;

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d) Protection of prime agricultural lands. i.e.. Strategic Agricultural and Fisheries
Development Zones (SAFDZ), for food security in rice and com and other basic food
commodities;

) Protection of water resources, including critical watersheds and watershed
reservations, in support of water and food security;

f) Protection and proper utilization and management of the country’s natural
resources:

2) Protection and conservation of the country’s natural heritage and biodiversity:

h) Protection and preservation of Filipino historical and cultural heritage:

i) Integration of Disaster Risk Reduction (DRR) and Climate Change Adaptation
(CCA) in land use and physica! planning:

j) Market orientation within the framework of intergenerational factors in achieving
efficiency in land use allocation;

k) Public-Private Partnership where government provides the appropriate policy, legal
and institutional framework to guide the private sector's use of land:

1) Equitable access of basic sectors to the country's land by regulating land valuation
to prevent land pricing speculation:

m) Respect for and recognition and protection of the rights of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains, compliance with Free,
Prior and Informed Consent (FPIC) of ICCs/IPs as well as recognition of customary laws and
sustainable traditional resource use and management, indigenous knowledge systems, and
practices in ancestral domains; and

‘n) Community participation in the management and protection of land resources.

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

Further, it is the policy of the State to encourage landowners to develop and conserve
their lands and make them productive and supportive of sustainable development and
environmental stability guided by the principle that the use of land bears a social function and
that all economic agents shall contribute to the common good.

SEC. 3. Scope. - This Act shall apply to all lands, whether public, private,
government-owned, and/or in the possession of individuals, communities, indigenous peoples,
or private groups, including corporations, and shall guide and govern the use. allocation, and
management of land, including such activities that bear impact on said resources.

CHAPTER It
DEFINITIONS

SEC. 4. Definitions, - As used in and for purposes of this Act, the following terms
shail mean:

4) “Adaptation” refers to the adjustment in natural or human systems in

response to actual or expected climatic stimuli or their effects, which moderates harm or
exploits beneficial opportunities:

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b) “Agricultural land” refers to lands devoted to or suitable for the cultivation,
of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry, fish or agua-
culture production, including the harvesting of such farm products, and other farm activities
and practices performed in conjunction with such farming operations done by persons whether
natural of juridical and not classified by law as national parks, mineral land, forest land,
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 specific non-apricultural use as indicated in the approved order of
conversion issued exclusively by the Department of Agrarian Reform (DAR).

@) “Agricultural land reclassification” refers to the act of specitying how
agricultural lands shall be utilized for non-agricultural uses such as residential. industrial.
‘commercial, as embodied in the land use plan, subject to the requirements and procedure for
land use conversion, undertaken by the Local Government Unit (LGU) in accordance with
Section 20 of RA No. 7160;

©) “Alienable and disposable lands” refer to lands of the public domain which
bave been delineated, classified, and certified as such and are available for disposition under
Commonwealth Act No.141. otherwise known as the "Public Land Act.” as amended. No land
of the public domain eighteen percent (18%) in slope or over shall be classified as alienable
and disposable lands, subject to the provisions of Presidential Decree No. 705, otherwise
known as the Revised Forestry Code of the Philippines;

“Ancestral domains” refer to ai] areas generally belonging to ICCs/IPs as
defined in RA 8371. otherwise known as the Indigenous Peoples Rights Act (IPRA) of 1997:

g) “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 and self-governance:

hy) “Biodiversity” eters to the variability among living organisms from all
sources including terrestrial, marine, and other aquatic ecosystems and the ecological
complexes of which they are part. This includes diversity within species and of ecosystems;

i) “Coastal Area/Zone” refers 10 a band of dry land and the adjacent ocean
space (water and submerged land) in which terrestrial processes and uses directly affect oceanic
processes und uses, and vice versa, Its geographic extent may include areas within a landmark
limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward
fimit of 200 meters isobath to include coral reefs. algal flats, seagrass beds. and other soft-
bottom areas. For purposes of initiating and implementing sustainable coastal resources
protection and management, it shall include foreshore lands;

“Comprehensive Land Use Plan” (CLUP) refers to the document

isin by the local government in consultation with its stakeholders, that defines or
provides guidelines on the allocation, utilization, development and management of all lands.

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a given territory or jurisdiction, ineluding municipal waters, according to the inherent
qualities of the land itself and supportive economic, demographic. socio-cultural and
environmental objectives;

k) “Climate Change” refers to a change in climate that can be identified by
changes in the mean and/or variability of its properties and that persists for an extended period
typically decades or longer. whether due to natural variability or as a result of human activity;

\y “Climate change adaptation” refers to the adjustment in natural or human
systems in response to actual or expected climatic stimuli or their effects, which moderates
harm or exploits beneficial opportunities:

m) “Critical watershed” refers to a drainage area of a river system supporting
existing and proposed hydroclectric power, domestic water consumption, and irrigation works
needing immediate rchabilitation as itis being subjected to fast denudation causing accelerated
crosion and destructive floods;

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

°) “Development plan” refers to a document that defines the activitic
measures that the national government or LGUs intend to implement in order to achieve a
defined set of development goals, {t integrates the socioeconomic and sectoral plans of the
national government or its instrumentality or @ particular LGU with spatial plans such as land
use or physical framework plans. [i may include an analysis of problems and resources,
definition of goals and objectives, policy guidelines. project and target achievements, and an
implementation mechanism which defines the roles and contributions expected from the
government and the private sector. Development plans include the national-level Philippine
Development Plan (PDP) and its counterpart plans at the regional, provincial and local levels
called the Regional Development Plan (RDP), the Provincial Development and Physical
Framework Plan (PDPFP) and the Comprehensive Development Plan (CDP). These plans are
translated into medium-term investment pro} also prepared at the national, regional and
local levels, where programs, projects and activities derived from the development plans are
ranked, prioritized, and matched with investment financing capacities;

p) “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 through reduced exposure to hazards. lessened vulnerability of people and property.
wise management of land and the environment, and improved preparedness for adverse events;

a) “Ecologically-fragile lands” refer to lands within the critical watershed,
brackish and freshwater wetlands. pasture lands, and croplands which require rehabilitation
and whose continued unsustainable use would lead to land degradation and adversely affect
the productivity of lowland agricultural arcas and the stability of the upland system:

r) “Energy resource lands” refer to lands where naturally occurring or
indigenous energy resources exist:

3) “Energy resources” refer to surface or subsurface substances that serve as
‘energy sources. These are traditionally mineral fue] deposits such as coal, petroleum, natural

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gas or renewable energy resourees such as biomass. geothermal. solar. hydro. ocean. wind and
other similar resources which serve the same purpose:

ny) “Environmentally-critical areas” refer to areas that are exposed to hazards,
perform vital environmental service functions, historically and archaeologically important,
ecologically unique, socio-culturally important. habitat of endangered or threatened species
where such arcas need to be protected. conserved and monitored;

u) “Exhausted mineral resources” refer to @ situation where the mineral
resources in specific sites are no longer in sufficient quantity to justify additional expenditure
for extraction or utilization;

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

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

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

“Forest lands” refer to lands of the public domain which have been
classified Li declared as such and all unclassified lands of the public domain;

2) “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 usually marked by a beach scarp or berm:

aa) “Free, Prior and Informed Consent” reters 10 consensus of al] 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 communi

bb) “Geo-hazards” refer to geological processes/phenomenon that may cause
loss of life. injury or other health impacts. property damage, loss of livelihoods and services.
social and economic disruption or environmental damage. This includes internal earth
processes such as earthquakes and volcanic activities. and geophysical processes like mass
movements, landslides, surface collapses, debris, and mud flow;

cc) “Hazard-prone areas” refer to arcas frequently visited and/or vulnerable
or prone to experience weathericlimatic, hydrologic. geologic, and other natural calamities:

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dd) “Heritage Zones” refer to historical. anthropological. archaeological and
artistic geographical areas and settings that are culturally significant to the country as declared
by the National Museum and/or National Historical Institute, pursuant to RA 10066 or the
National Cultural Heritage Act of 2009;

ee) “Human Settlements” comprise of (i) physical components of shelter and
infrastructure; and (ii) services to which the physical elements provide support, such as
community services which include education, health, culture. welfére, recreation and nutrition:

fh) “Idle or Abandoned Land” refers to any agricultural land not cultivated,
tilled or developed to produce any crop nor devoted 10 any specific economie purpose
continuously for a period of three (3) years immediately prior to the receipt of notice of
acquisition by the government as provided under RA 6657 or Comprehensive Agrarian Reform
Program (CARP) as amended by RA 9700, but docs not include land that has become
permanently or regularly devoted to non-agricultural purposes. It does not include land which
has become unproductive by reason of force majeure or any other fortuitous event, provided
that prior to such event, such land was previously used for agricultural or other economic

Purpose:

gg) “legal conversion” refers to conversion of agricultural tand by its
landowner, ot persons acting on the landowner’ behalf. into any non-agricultural use without
filing an application for reclassification and conversion with the DAR;

hh) “Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)”
refers to groups of people or homogenous societies identified under RA 8371 or the IPRA;

ii) “Inclusive growth” refers to ensuring that the economic opportunities
created by growth are available to all, perticularly the poor. to the maximum possible extent;

id “Integrated watershed management” refers to a planning strategy or
program for watershed arcas that complement environmentally-sound soil and water and other
natural resources 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;

kk) “Land” refers to a solid surface of the earth that is not permanently covered
by water, The vast majority of human activity throughout history has occurred in land areas
that support agriculture, habitat and various natural resources,

U)) “Land banking” refers o the acquisition of land at values based on existing
use in advance of actual need to promote planned development and socialized housing

programs;

mm) “Land degradation” refers to the reduction or loss of the biological or
economic productivity and complexity of rain-fed cropland. irrigated cropland, or range,
pasture, forest and woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation pattern;

nn) — “Land use” refers to the manner of utilization of land. including its
allocation, development, and management;

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00) “Mandatory consultations” refer to the mechanism to ensure the
involvement of affected sectors and other stakeholders in land use planning from the local to
the national level. It involves giving notice of hearing/consultation to affected sectors and other
stakeholders through publication or posting in conspicuous places. conduct of a reasonable
number of hearings, and solicitation of positions and the public presentation and validation of
the planning results before the final adoption of the plans;

pp) “Mangroves” refer toa community of intertidal plants including all species
of trees, shrubs, vines and herbs found on coasts. swamps. or border of swamps;

4a) “Marine Protected Area” 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 @ part of or the entire enclosed environment, through the establishment of
management guidelines. It is @ generic term that includes all declared areas governed by
specific rules or guidelines in order to protect and manage activities within the enclosed area:

rr) “Mineral exploration” refers to the systematic searching or prospecting for
mineral resources, excluding energy resources;

ss) “Mineral lands" refer to lands where mineral. excluding energy resources,
are found in sufficient quantity and quality that would allow economically viable exploitation
and utilization;

tt) “Multipte use of land” refers to the utilization or management strategy for
specific lands which allows any activity thereat, depending on the result of prior evaluation on
its numerous beneficial uses and in accordance with priorities in land use allocation and
planning. that will produce the optimum benefits to the development and progress of the area
and to the public welfare without impairment or with the least injury to its other resources:

uu) “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;

wv) “National Park" refers to a land and water reservation essentially of natural
wilderness character which has been withdrawn from settlement. occupancy or any form of
exploitation except in conformity with approved management plan and set aside as such
exclusively to conserve the arca or preserve the scenery, natural and historic objects. wild
animals and plants therein and to provide enjoyment of these features in such arcas. It also
refers to lands of public domain classified as such in the 1987 Constitution which include all
areas under the NIPAS pursuant to RA 7586 or the National Integrated Protected Areas System
Act of 1992 as amended by RA 11038 or the Expanded National Integrated Protected Areas
Systemn Act of 2018, primarily designated for the conservation of native plamts and animals and
associated habitats and cultural diversity;

ww) “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

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coordination with the National Mapping and Resource Information Authority (NAMRIA) in
order to ensure the efficient utilization of land for agriculture and agro-industrial development
and promote sustainable growth. The NPAAAD covers all irrigated areas. all irrigable lands
already covered by irrigation projects with firm funding commitments; all alluvial plain land
highly suitable for agriculture whether irrigated or not; agro-industrial croplands or lands
presently planted to industrial crops that support the viability of existing agricultural
infrastructure and agro-based enterprises, highlands, or areas located at an elevation of 500
meters or above and have the potential for growing semi-temperate und high-value crops; all
agricultural lands that are ecologically fragile, the conversion of which will result in serious
environmental degradation, and mangrove areas and fish sanctuaries:

xx) “On-site development” refers to the process of upgrading and rehabilitation
of bighted and slum urban areas with a view of minimizing displacement of dwellers in said
areas, and with provisions for basic services as provided for in RA 7279 or the Urban
Development and Housing Act (UDHA),

yy) “Patrimonial properties”-reter to all other property of the State, which is
not of the character described as property of public dominion; when no longer intended for
public use or for public service: all other property possessed by a province. city. or municipality
not classified as property for public use:

22) “Prime agricultural land” refers to areas that are covered by the Strategic
Agriculture and Fisheries Development Zones or SAFDZs defined in this Act:

asa) “Premature conversion" refers to the conversion of agricultural land by its
landowner, or persons acting on the landowner's behalf, into any non-agricultural use without
the approval by the DAR of the landowner’s application for reclassificatian and conversion:

bbb) “Protected areas” refer to portions of Jand set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity. and
protected against destructive human exploitation. For purposes of this Act, it shall include
agricultural lands identified and delineated under Section 45 of this Act:

ccc) “Public domain” refers to lands that belong to the State which may be any
of the following: agricultural, forest or timber, mineral, of national park, as provided for in the
1987 Constitution;

ddd) “Public lands refer to lands which have not been subject to private
property rights or subject to sale or other modes of acquisition or concession under the general
laws. and are devoted (o public use:

eee) “Resettlement areas” refer to areas identified by the appropriate national
agency or by the LGUs with respect to areas within its jurisdiction that shall be used for the
relocation of the underprivileged and homeless, as defined under RA 7279 or UDHA;

ff) “River basin” refers to the horizontal projection of area from which a river
and its tributaries rece surface water originating from precipitation:

gg) “Salvage zone” refers to lands measuring 20 meters measured landward
from the interior limit of the shoreline for casement purposes.

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hhh) “Settlements development” refers to any improvement on existing formal
or informal residential or housing settlements or any proposed development of certain areas
for residential or housing settlement purposes, [1 also involves the spatial distribution of
population, identification of the roles and functions of key urban centers, determination of
relationships among settlement areas, and the provision of basic services and facilities of
identified major residential or housing settlement areas or growth centers;

iii) “Socialized housing” refers to housing programs and projects covering
houses and lots or homelots only. or residential condominium units undertaken by the
government or the private sector for the underprivileged and homeless citizens which shall
include sites and services development, long-term financing, liberalized terms on interest
payments, and such other benefits in accordance with the DHA:

ii) “Socialized housing zones” refer to lands identified and designed by LGUs
as sites for socialized housing pursuant to Article [V of the UDHA and its implementing
guidelines:

kkk) “Subclassification of lands” refers to the act of determining and assigning
more specific uses of lands already classified in accordance with the 1987 Constitution and
existing laws;

lll) “Strategic Agriculture and Fisheries Development Zones (SAFDZ)” -
refers to the areas within the NPAAAD identified for production, agro-processing and
marketing activities to help develop and modernize. with the support of government, the
agriculture and fisheries sectors in an environmentally and socio-cullurally sound manner: also
referred to as Prime Agricultural Lands;

mmm) “Strict Protection Zone” - pertains to the management zones of protected
areas consisting of natural areas with high biodiversity value closed to all human activities
except for scientific studies and/or ceremonial or religious use by the ICCs/IPs, It may include
habitats of threatened species, or degraded areas that have been designated for restoration and
subsequent protection, even if these areas are stil] in various stages of regeneration;

non) “Sustainable development” refers to the development objective of meeting
the needs of the present gencration without compromising the ability of future generations to
meet their own needs consistent with the principles of social equity. efficiency. and
environmental integrity;

000) “Tourism Enterprise Zone” refers to an area designated as tourism
enterprise zone by the Tourism Infrastructure and Enterprise Zone Authority pursuant to the
provisions of RA 9593 otherwise known as the Tourism Act of 2009;

ppp) “Tourist spot” refers 10 a particular arealsite/spot. man-made or natural,
known for its unique tourist/visitor-drawing attributes and activities. It may be classified
according to its social. cultural. natural, historical, scientific, rel us. and recreational
significance:

qq) “Urban area” refers to a barangay which has a population size of 3.000 or
at least one establishment with a minimum of 100 employees, or 5 or more establishments with

Pose | 9


1010 99 employees, or five or more facilities within the two-kilometer radius from the barangay

hall;

mm) “Urban Development’ refers to the process of occupation and use of land
‘or space for activities such as residential. industrial. and commercial and the like or their
combinations, necessary to carry out the functions of urban living. It entails the building or
rebuilding of more or less permanent structure over land that is often withdrawn or converted
from its original use, resulting in the creation of a built environment:

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

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

uuu) “Vulnerable areas” refer to areas exposed to natural and anthropogenic
hazards of soil, geology. vegetation, flora, fauna, human and coastal;

vv) “Water security" refers to the sufficient access throughout the year ofthe
minimum daily requirement of clean water to maintain a healthy life:

www) “Watershed” refers to a land area drained by a stream or fixed body of
‘water and its tributaries having a common outlet for surface run-off:

Xxx) “Watershed and Ecosystem Management” refers 0 the holistic.
collaborative, multiple uses and sustainable management of all the resources within a planning
unit known as watershed.

yyy) “Watershed reservation” refers to a forest land reservation established to
protect or improve the conditions of the water yield thereof to reduce sedimentation;

722) “Zoning” reters to the division of a community into districts (e.g.,
commercial, residential, industrial, institutional, etc.) in order to maximize. regulate and direct
their use and development according to the Comprehensive Land Use Plan, Itisalso concemed
primarily with the use of land and through imposition of building heights. bulk. open space and
density ina given area; and

aana) “Zoning ordinance or ZO refers to a locally enacted ordinance which
embodies, among others. regulations affecting uses allowed or disallowed in each zone or

disttict, conditions for allowing them, and deviations legally allowed, from the requirements
of the ordinance.

CHAPTER IIL
PHYSICAL FRAMEWORK AND LAND USE PLANS

SEC. 5, National Physical Framework Plan, - The National Land Use Council

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(NLUC), created in Section 14 herein, shall formulate and periodically update a National
Physical Framework Plan (NPFP) that defines the urban. rural and regional development in the
country. The framework plan shall promote the following objectives: (a) global
competitiveness of the national urban system that is fully integrated with the rural areas: (b)
employment and inclusive growth; (c) sustainable use of land and water resources; (d)
protection of environmentally-critical areas and prime agricultural lands: (e) sustainable
communities; (f) effective social service delivery; (g) safe food production and distribution
efficiency; (h) historic and heritage preservation and recognition of ancestral domains; and (i)
DRR and CCA. The NPFP shall have a timeframe of 30 years, to be reviewed and updated
every 10 years-The policies prescribed in the NPEP shall be integrated into the PDP and the
Public Investment Program

SEC. 6. Regional Physical Development Framework. - The Regional Land Use
Policy Committee (RLUPC), created under Section 18 of this Act, shall formulate and
periodically update the regional physical development framework in a manner consistent with
and following the objectives of the NPFP, as applicable to the region. The regional physical
development framework shall guide the preparation of and harmonize the PDPFPs and
Comprehensive Land Use Plans (CLUPS) of highly urbanized cities (HUCs) and independent
component cities (ICs) within the territorial jurisdiction of the region. It shall have a
timeframe of 30 years, to be reviewed and updated every 10 years. The regional physical
development framework shall serve as a spatial input in the formulation of the RDP and the
Regional Development Investment Program.

SEC. 7. Provincial Development and Physical Framework Plans. - The Provincial
Development Council (PDC), through the Provincial Planning and Development Office
(PDO). shall formulate and periodically update the PDPFP which shail define the province's
development vision, economic and social development policies. general land uses. inter-
city/municipal transportation system. and DRR and CCA strategies. The PDPFP shall
prescribe a framework consistent with the regional physical development framework and
define the physical development of the province ina manner that promotes the objectives of
the NPEP defined in Section 5 of this Act. The PDPFP shall harmonize the CLUPs of
component cities and municipalities, taking into consideration shared resources and plenning
concems, thus making it a key vertical influence in linking local development objectives with
regional and national policies and priorities. The PDPFP shall have a planning period of 10
years, to be updated every three (3) years. It shall serve as basis in the formulation of the
Provincial Development Investment Program.

The PDPFP shall be submitted to the Provincial Land Use Policy Committee. created
under Section 19 of this Act, for review and endorsement to the Sangguniang Panlalawigan.
which shall adopt the same pursuant to Section 468 (2) (vii) of RA 7160 or the LGC.

SEC. 8. City and Municipal Land Use Plans. - The City/Municipal Development
Council, through the City/Municipal Planning and Development Office (C/MPDO), shall
formulate and periodically update the CLUP in accordance with national policies, standards,
and guidelines issued by the Department of Human Settlements and Urban Development
(DHSUD). The CLUP shall define the city/municipatity’s development vision, environmental
protection, economic and social development policies. land uses, densities, and transportation
system. The C/MPDO shall incorporate in the CLUP the updated SAFDZ maps prepared by
the DA through BSWM pursuant to RA 8435 or the Agriculture and Fisheries Modernization
Act (AFMA). The CLUP shall be consistent with the PDPFP: it shall define the physical

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development of the city/municipality in @ manner that promotes the objectives of the NPFP
defined in Section 5 of this Act.

‘The spatial directions prescribed in the CLUP shall be the basis for the CDP and local
development investment program. The CLUP shall be enacted into a Zoning Ordinance (ZO)
by the Sanggunian to regulate the uses of Jand, including limitations on height, density and
bulk of buildings, and other infrastructure that may be placed thereon.

SEC. 9. Physical Framework and Land Use Planning Process. - The physical
framework and land use planning process shall be iterative following a combined bottom-up
and top-down approach, with mandatory consultations conducted in all levels, and shall
consider available and updated multidisciplinary scientific information of land uses. The
NPEP shall guide planning at the national and subnational levels. The regional physical
development framework and, consequently, the PDPFPs and CLUPs shall be consistent with
the NPEP: Provided that the integration and harmonization of physical and land use plans at
all levels shall be iterative to ensure that the concems of both top and bottom levels of
government are considered in the NPFP, regional development physical frameworks, PDPFPs
and CLUPs. The physical and land use plans prepared at all levels shall have internal
consistency to ensure complementation in the utilization, development and management of
Jang,

SEC. 10. Revision of Existing Planning Guidelines. — ‘The existing planning
guidelines on the NPFP, regional development physical framework and PDPFP shall be
reviewed and revised pursuant to Sections 5, 6, 7, and 9 of this Act.

CHAPTERIV
FRAMEWORK FOR LAND USE/PHYSICAL PLANNING

SEC. 11. Basic Objective of Land Use/Physical Framework Planning. - The
primary objective of a physical framework plan is to describe existing land uses and to identify
an integrating physical framework—including an overall vision, policies on social and
economic development and environmental protection and supporting transportation and other
infrastructure facilities—that will define future development. Its output includes the
identification of programs, projects and activities needed to achieve the desired development,
and which will serve as inputs to the investment program. In the case of the CLUP, it is also
imended to provide specific development and building guidelines and parameters that will be
implemented through a ZO.

SEC. 12. Approach to Land Use/Physical Framework Planning. - In general, the
land use/phy'sical framework planning process shall include a description of existing land uses
and land use trends, as well as the physical, demographic, economic. social and environmental
conditions that have shaped and are likely to shape future land use and physical developments.
It shall then derive a land use plan/physical framework by matching, reconciling or integrating
the demand for land (the need for land given future projections and requirements) with the
supply of land (the land available for specific uses). The resulting land use plan/physical
framyework shall be the basis for identifying necessary policies, programs, projects and
activities, and development controls to guide future development. The land use plan/physical
framework must be holistic in nature and not emanate from specific individual or corporation
which, in essence, constitutes as spot zoning.

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SEC, 13. Basic Land Use/Physical Planning Considerations. - The following are
some basic land use planning considerations;

a) Priority shall be given to life and safety, and thus te identifying hazard prone areas
and corresponding risk reduction measures as part of the DRR and CCA objective. Areas
identified to be available for other land uses shall then be planned accordingly:

b) Multiple uses of land is possible and even desirable in order to promote
sustainability and efficiency. The CLUPs should identify the dominant uses for specific areas,
however, utmost consideration to environmental protection should be a primordial concern;

©) Environmentally-critical areas, SAFDZ as prime agricultural lands, IP culturally
significant lands and strict protection zones shall be protected from land use conversion or
reclassification, Should land use conversion of IP culturally significant lands be inevitable for
public interest, consultation with and rituals of the IPs should be done;

d) The identification of network of settlements and settlement and non-settlement
areas is key in determining the demand for land because this establishes the location of
employment-generating industries and services as well as housing. Once identified, other
support uses such, as transportation and other infrastructure facilities as well as social services
can be determined;

2) _ In general, economic growth and poverty reduction are enhanced by land uses
which promote a globally competitive national urban system that is fully integrated with the
rural areas. The specific roles of individual cities and municipalities in this system will vary
depending on their demographic trends, the competitiveness of existing and potential economic
activities, physical environment and resource endowments, quality of external linkages and
internal integration, infrastructure and technological capacities;

£) Ancestral domain and native titles shall be recognized and respected and
protected, with the ADSDPP in harmony with physical/land use and development plans at the
regional and local levels. The right of the IPs/ICCs provided under IPRA on the use of their
land shall be inviolable.

2) Sustainable development should be integrated into protection as well as in other
urban and rural land uses:

h) Physical characteristics such as soil, land cover, slope, topography, elevation,
geology, geography, climate, and resulting vulnerability to land degradation and, hazard prone
areas are basic considerations in identifying allowable or preferred land uses, transportation
systems and other support infrastructure facilities:

i) Land use conflicts are inevitable, unavoidable, and are likely to increase and
intensify as population increases, Greater consideration should be given to those that are life-
threatening or are direct threats to public safety: harmful or destructive to protected areas, flora,
fauna, and other protected natural resources and ecosystems; and

3) All levels of physical and fand use plans shall be directly linked and aligned with

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cach other and consistent with the objectives of the Philippine Development Plan and other
government policies, plans and frameworks,

CHAPTER V
IMPLEMENTING STRUCTURE AND MECHANISM

Article 1
National Land Use Council

SEC. 14. Creation of the National Land Use Council (NLUC). - The National Land
Use Council, hereinafter referred to as NLUC, is hereby created, It shal! exercise the powers
and responsibilities of the current NEDA Board ~ National Land Use Committee which is
hereby abolished. The NLUC shall act as the highest policy making body on land use and
resolve land use policy conflicts between or among agencies, branches. or levels of the
government. It shall integrate efforts. monitor developments relating to land use, and the
evolution of policies,

SEC. 15. Composition of the NLUC. - The NLUC shall be composed of 23 members.

a) The Secretary of the National Economic and Development Authority (NEDA)
as Chairperson;

b) The Secretary of the Department of Environment and Natural Resources
(DENR) as Vice-Chairperson;

c) The Secretaries of the Department of Finance, Justice, Agriculture, Public
Works and Highways, National Defense, Trade and Industry, Agrarian Reform, Interior and
Local Government. Tourism. Transportation, Science and Technology, Energy. Information
and Communications Technology, and Human Settlements and Urban Development;

d) The Chairperson of the National Commission on Indigenous Peoples;

°) The Presidents of the Leagues of Municipalities, Cities and Provinces: and

f) Two land use planning experts from the Private Sector.

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

a) Formulate policies, and harmonize all |aws and policies relevant to land use and
physical planning:

b) Decide and resolve policy conflicts on land use between or among national
government agencies and act on unresolved similar land use policy conflicts elevated by
Regional Land Use Policy Commitee (RLUPC);

©) Advise the President of the Philippines on all matters concerning land use and
physical planning as well as recommend the adoption, passage, or amendment of laws to ensure
that plans. programs, projects. and activities, including local government initiatives affecting
and use are consistent with national development objectives:

d) Prepare and periodically update the NPFP;
e) Coordinate the establishment and maintenance of a national land resource

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information and management system that shall integrate, process and share information on land
use and allocation generated by the various national government agencies; define information
requirements at various levels; and standardize information inputs and outputs including scales
and symbols used in territorial and sectoral maps;

f) Monitor and coordinate the conduct of studies pertaining to land use planning
including studies on the management of identified land uses and such other studies not
undertaken by other government agencies;

g) Monitor and coordinate the activities of concemed agencies and entities of the
govemment in the enforcement and implementation of policies and regulations relating to land
use and resource management and development;

h) Declare projects of national significance;

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

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

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

SEC. 17, National Land Use Office (NLUO). - The National Land Use Office is
hereby created as an agency attached to NEDA which will serve as technical secretariat to the
NLUC, The NEDA Regional Development Office personnel who serve as secretariat to the
NEDA Board ~ National Land Use Committee who opted to transfer to the NLUO shall be
given priority without diminution in rank and remuneration. The staffing pattern shall be
drafted by the NEDA in coordination with DBM and Civil Service Commission,

‘The NLUO shall be headed by an Executive Director with a rank of Underseeretary
who shall supervise the operations of the NLUO. He/She shall be a qualified professional in
any of the fields of land use, physical planning, environmental management, engineering,
public governance or law. The NLUO will establish regional offices which will provide
technical secretariat support to the Regional Land Use Policy Committee created under Sec, 18
of this Act.

SEC. 18. Regional Land Use Policy Committee (RLUPC). - At the regional level,
the RLUPC under the Regional Development Couneil (RDC) will be institutionalized, The
RLUPC will replicate the NLUC structure and composition, and replace the RDC’s Regional
Land Use Committee, which is hereby abolished, The RLUPC shall have the following
functions:

4) Formulate regional policies on land use and physical planning consistent with
national policies and issuances on land use:

b) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among regional line agencies;

©) Prepare and periodically update the regional development physical framework

Page | 15


to consider national policies and programs and to provide policy directions to provinces, cities,
and municipalities in the preparation of their respective physical plans;

4) Guide the provinces, in preparing and periodically updating their PDPFPs to
‘ensure consistency with regional and national plans and policies and to facilitate its integration
to the regional plans following a combined bottom-up an¢ top-down approach;

e) Review the PDPFPs of provinces, and CLUPs of highly urbanized cities
(HUCS) and independent component cities (ICs);

{Promote cooperation and sharing of resources between and among provinces
and with their component LGUs to address physical framework planning and development
issues including those related to hazards and risks;

2) Undertake the gathering of regional data for the land resource information and
management system;

b) Recommend to the NLUC appropriate policies that will resolve land use issues
and expedite the resolution,

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

Article 2
Local Land Use Committees

SEC. 19. Provincial Land Use Policy Committee (PLUPC). - The Provincial Land
Use Committee cteated under Executive Order No, 72 s. 1993 is hereby abolished, and the
Provincial Land Use Policy Committee is hereby created in all provinces to tackle land use
concems whenever necessary.

‘The PLUPC shall:

a) Advise the Sangguniang Panlalawigan on all matters pertaining to land use and
physical planning:

b) Decide and resolve policy conflicts or concerns on land use planning, land
classification, and allocation that may arise at the provincial level and those between or among,
cities/municipalities and any unresolved land use conflicts at the city/municipality level;

©) Promote cooperation and sharing of resources between and among component
LGUs of the province to address land use and development issues including those related to
hazards and risks;

d) Review and endorse to the Sangguniang Panlalawigan for adoption, the PDPFP-
prepared and periodically updated by the PPDO and other Jand use and physical planning-
related policies; and

1 the Sangguniang Panlalawigan in reviewing the CLUPs of component
cities/municipalities to ensure consistency with the PDPFP and compliance with the limits
prescribed under the 1991 LGC for reclassifying agricultural lands.

‘The PLUPC shall be composed of the following: Provincial Planning and Development
Coordinator as chairman, Provincial Agriculturist, Provincial Environment and Natural
Resources Officer, Provincial Fisheries Officer, Provincial Tourism Officer Provincial
Engineer, Provincial Assessor, Provincial Agrarian Reform Officer, representative of the DA
Regional Field Unit, DILG Provincial Director. representative from DHSUD Regional Office.
a representative from CSO and the private sector. The PLUPC may call upon any official of
national and regional agencies and other relevant agencies during discussions on land use and

Page | 16


physical planning concerns.

Provinces shall activate their respective PLUPCs within six (6) months from the
effectivity of this Act.

SEC. 20, City/Municipal Land Use Committee (C/MLUC). - A City/Municipal
Land Use Committee (C/MLUC) is hereby created in all cities and municipalities, including
highly urbanized and independent component cities, to tackle land use concerns whenever
necessary.

The C/MLUC shall;

a) Advise the Sangguniang Bayan or Sangguniang Panlungsod on all matters
pertaining to land use and physical planning:

b) Endorse to the Sangguniang Bayan or Sangguniang Panlungsod, after its review,
for adoption, the CLUP prepared and periodically updated by the City/Municipal Planning and
Development Office and other land use and physical planning-related policies; and

©) Decide and resolve policy conflicts on land use planaing. land classification and
allocation that may arise at the city or municipal level and any unresolved land use conflicts
between and among barangays.

For purposes of this Act, the City/Municipal Planning and Development Coordinator
(C/MPDC) shal! (a) act on all applications for locational clearances for all new projects except
those of vital and national economic or environmental significance which, upon NEDA‘s
declaration of national significance, will be acted upon by DHSUD, and (b) monitor
ongoing/existing projects within their respective jurisdictions and issue notices of violation to
owners. developers, ot managers of projects that are violative of ZOs.

‘The C/MLUC shall replicate the PLUPC structure and composition. The C/MLUC may
call upon any official of national. regional, and provincial agencievoffices and other relevant
ayencies during discussions on land use and physical planning concems.

LGUs shall activate their respective C/MLUCs within six (6) months from the
effectivity of this Act.

Article 3
Adoption, Approval and Review of Land Use Plans

SEC. 21. Component Cities and Municipalities. - As prescribed in existing laws
and issuances. the component cities and municipalities. through their respective Sanggunian
shall adopt their respective CLUPs and ZOs. subject to the power of review and approval of
the the Sangguniang Panlalawigan of their respective provinces with respect to the consistency
of the CLUPs and ZOs with Section 8 hereof on the preparation of the PDPFP and with regional
and national policies.

SEC, 22. Provinces, Highly Urbanized Cities and Independent Component Cities.
+ Provinces, HUCs and ICs shall have the power and authority to adopt and approve their
respective PDPFP, CLUPs. and ZOs, as the case may be, through their respective Sanggunian,
The PDPFP and CLUP shall be reviewed by the RLUPC priorto the adoption by the respective
Sanggunian. For the cities and municipality of Metro Manila, the Metropolitan Manila

Page | 17


Development Authority, together with the DHSUD, shall review their CLUPs; the DHSUD
shall also ratify their CLUPs.

Article 4
Responsibilities of the National Government Agencies and LGUs

SEC. 23. Forest Land Boundary Delineation. - Within two (2) years after the
effectivity of this Act, the DENR shal! complete the delincation on the ground of forest lands
and national parks, and submit the same to Congress for enactment into law pursuant to Section
4 Article XII of the 1987 Constitution. The result of forest boundary detineation shall be made
available to the public.

‘As a result of forest boundary delineation and assessment, alienable and disposable
ands with slopes of eighteen percent (18%) and above which have not yet been enacted by
Congress may be reclassified as forest lands which shall have restricted use for public interest
in consideration of environmental and hazard risk mitigation. In the event that said alienable
and disposable lands are titled prior to the approval of this Act, a new title shall be issued by
the DENR to incorporate provisions, to be defined by DENR, relating to the application of
disaster/hazard mitigation measures, such as soil and water conservation measures, effective
vegetation cover, and other related measures.

SEC. 24, National Geospatial Information Program. - Within two (2) years upon
the effectivity of this Act, the NAMRIA, in coordination with BSWM, Forest Management
Bureau (FMB), Land Management Bureau, Biodiversity Management Bureau, Mines and
Geosciences Bureau (MGB), Philippine Institute of Volcanology and Seismology
(PHIVOLCS), DAR, the National Water Resources Board, National Commission on
Indigenous Peoples (NCIP), Department of Energy (DOE), NEDA and other concerned
government agencies/bureaus shall complete the updating of base maps. These base maps and
corresponding geospatial data shall be shared and disseminated to all agencies and LGUs to
serve us reference in plan preparation and other planning activities.

SEC. 25. Delineation and Mapping of Hazard-prone and Vulnerable Areas. -
Within two (2) years upon the effectivity of this Act, the BSWM, MGB, FMB, DENR-
Ecosystems Research and Development Bureau, PHIVOLCS, PAGASA, DOE, and NAMRIA,
in coordination with the National Disaster Risk Reduction and Management Council, the
Regional Disaster Risk Reduction and Management Councils, the Climate Change
Commission, and other concemed government agencies shall delineate and continuously
update the geo-hazard, vulnerable area, hydrometeorological hazard maps and the
corresponding geospatial data.

These maps shall be shared and disseminated 10 LGUs which shall subsequently guide
them in the preparation of their own hazards-constrained development and physical framework
and land use plans.

SEC. 26. Basie and Applied Research for Science and Technology Development.
- Within one (1) year from the effectivity of this Act, the Department of Science and
Technology, in coordination with concerned agencies, shall formulate a research agenda that
will support physical framework and land use planning

SEC. 27, Scope and Nature of Responsibilities of Other National Government

Page | 18


Agencies. - All concerned national government agencies/bodies shall periodically report to
the NLUC on the various activities and accomplishments relative to land use. Likewise, they
shall provide their respective sectoral/development plans and other relevant up-to-date data
and maps and render technical and administrative support if called upon by the NLUC relative
to the implementation of the provisions of this Act.

SEC. 28. Monitoring of CLUP Implementation. — The DHSUD shall design and
install an information system for monitoring the actual use of land resources, the
reclassification of agricultural lands authorized by cities and municipalities, and the
implementation of CLUPs of LGUs with a view to ensuring the compliance with national
policies, standards and guidelines: Provided, that the system shall be developed in coordination
with DA, DAR, DILG, NEDA, League of Provinces, League of Cities, League of
Municipalities and other concemed national government agencies.

SEC. 29. Submission of Annual Report on the Implementation of CLUPs, - The
C/MLUCs shall submit an annual report on the implementation of their land use plans to the
PLUPC, which shall in tum integrate the provincial reports for submission to the DHSUD

regional office, The analysis and related reports on the implementation of CL.UPs shall then be
nated by the DSHUD to the NLUC.

CHAPTER VI
SPECIAL AREAS OF CONCERN

Article 1
Forest Lands, Watershed Reservations and National Parks

SEC, 30, Reversion of Alienable and Disposable Lands to Forestlands. - Upon the
recommendation of the Seeretary of the DENR, duly reviewed and endorsed by the NLUC, and
after due consultations with the concemed LGUs and affected parties, Congress may authorize
the reversion of alienable and disposable lands of the public domain or portion thereof to forest
lands. Geobazard conditions shall be considered prior to LGU issuances of permits and
clearances in forestlands. Regardless of any government agency issuing a land title, the DENR
together with NAMRIA shall review those designated forestlands with non-conforming uses
and recommend measures on how to address these.

SEC. 31. Critical Watershed and Sub-Watershed Areas, - The DENR, in
coordination with the DA, NIA, LGUs, and other government agencies, including government-
owned and-controlled corporations, shall update information on location and condition of
existing and proclaimed watersheds. The DENR shall further identify potential watershed areas
and delineate critical watershed and sub-watershed areas that need to be protected.
rehabilitated, enhanced, and/or withdrawn from inappropriate and unsustainable uses that
contribute to their further degradation.

SEC. 32. Formulation and Implementation of Integrated Watershed
Management Plans. - The Watershed Management Planning Team or Watershed
Management Council, composed of the DENR. the LGUs and other NGAs and stakeholders
concerned shall prepare their integrated watershed management plans (IWMP), which shall be
the basis for the formulation of LGUs’ CLUPs, DRR/CCA plans, and ADSDPPs. The
formulation of the IWMP shall be guided, among others. by the principles of sustainable

Page | 19


management and watershed and ecosystem management.

In cases where a particular watershed straddles two or more regions, the region which
covers the largest portion shall fead in the preparation of the IWMP.

The DENR, LGUs, NGAs and major stakeholders concemed shall jointly implement
the integrated watershed management plan subject to regular consultations with and
involvement of the local communities and other stakeholders.

SEC. 33. Establishment and Management of National Parks. ~ All areas proclaimed
by the President and Congress under the NIPAS pursuant to RA 7586 as amended by RA 11038
including those identified initial component of the NIPAS, shall comprise the National Parks
classification of the public domain. The DENR and concemed LGUs shall ensure that such
areas are integrated in the CLUP and physical framework plans; Provided however, that the
preparation of management plans of protected areas/national parks shal] be in accordance with
the provisions of RA 7586 as amended by RA 11038 and other laws establishing or declaring
a specific area as permanent component of the NIPAS.

Article 2
Coastal Zones, Marine Resources and Waterways Easements

SEC. 34. Criteria on the Allocation and Utilization of Lands within the Coastal
Zones. - The allocation and utilization of lands within the coastal zones shall be guided by
the following:

a) Areas vegetated with mangrove species shall be preserved for mangrove
production and shall not be converted to other uses. Violation of this provision shall be subject
10 the penalties imposed under Sec. 99 of RA 10654 amending RA 8550 otherwise known as
the Philippine Fisheries Code of 1998;

b) Subject to clearance from the DENR,. areas that meet all accepted criteria on
clevation. soil type, soil depth. topography. supply for successful fishpond development.
except mangrove protected areas, shal) be utilized for aquaculture purposes;

c) Arcas subelassificd as mangrove and still suitable for use as such. or due to
environmental conditions need to be preserved as mangrove. but is devoid of mangrove stands
shall not be converted to other uses and must be rehabilitated/reforested; intrusion to such areas
shall be a ground for eviction and imposition of appropriate penalties to be prescribed by the
DENR. Violation of this provision shal] be subject to the penaltics imposed under Sec, 99 of
RA 10654 amending RA 8550;

d) Subject to R guidelines, areas accessible to the sea and identified for
fisherfolk settlement and housing shall be allocated to traditional fisherfolks who are
inhabitants of the coastal communities and members of legitimate fisherfolk organizations
and/or holders of stewardship lease contracts or titles to ancestral domains or any form of
Property right arrangements who participate in coastal resource management initiatives,
subject to the provisions under Article $1 of PD 1067;

e) Consistent with the DENR guidelines, areas that are neither subclassified as
mangrove, fisherfolk settlement nor fishpond may be devoted to recreational or tourism
purposes: Provided, that such undertaking will not result in environmental degradation and
displacement of small fishers:

f) Areas which are considered as traditional fishing grounds shall be used
primarily for such purpose, provided, that such practice will not defeat the purpose of

Page | 20



establishing marine protected areas;

2) In compliance to the DENR guidelines, foreshore areas which have been
allocated for small infrastructure needed by fisherfolks shal} be allowed: Provided, that such
undertaking will not result in environmental degradation: and

h) With primary environmental consideration, areas which form part of foreshore
Jands as defined in this Act including those that are under lease agreements or arrangements
shal] be zoned according to its designated use and evaluated to determine their boundaries and
actual sizes.

SEC. 35. Coastal Land Zone Subelassification, - All public lands in the coastal
zones shall be subclassified into any of the following: fishponds, mangroves, protection from
tidal surge, for preservation of biodiversity, habitats and sanctuaries for endangered wildlife,
fisherfolk settlement, or recreational/tourism sreas. No subclassification of coastal zones to
different uses shall be done without the following:

a) Conduct of @ comprehensive resource and environmental assessment by the
DENR and respective LGUs and accredited non-government organizations (NGOs) and private
organizations (POs) within their jurisdiction; and

'b) Prior consultation with local Fisheries and Aquatic Resource Management
Councils formed under RA 8550,

SEC. 36. Zoning of Foreshore Areas. - LGUs, with the technical assistance from
the DENR, shall conduct zoning of their respective foreshore areas to assist government and
community fishers identify priority areas for conservation and development, and to enable them
to set targets for mangrove reforestation and rehabilitation. Zoning of foreshore areas shall take
into consideration ancestral domains that include ancestral waters.

SEC. 37. Marine Resources. The exploration, development and use of marine
resources in Philippine waters shall be reserved exclusively to Filipinos. Management of these
resources shall be in accordance with existing relevant laws including, but not limited to the
PD 1067, RA 8550 as amended by RA 10654, and RA 7586 as amended by RA 11038, and
RA 8435. To promote harmony in management of land, coastal and marine resources, CLUPs
of coastal LGUs will incorporate Integrated Coastal Management of their municipal waters.

SEC. 38, Protection of Waterways Easements and Flood Plains, Structures of any
kind shall not be built in waterways easements. ‘The banks of rivers and streams and the shores
of the seas and lakes throughout their entire length and within a zone of 10 meters in urban
areas, 20 meters in agricultural areas and 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 floodplains shall adopt a river basin management approach in order
to come up with integrated flood mitigation interventions. Development within flood plains
and other flood-prane areas must be controlled or, if allowed, must be so sited, constructed and
serviced that life of occupants are not put at risk and that disruptions during floods are minimal.
The identification and characterization of flood-prone areas and flood plains shall be an integral
part of CLUP preparation. Through the CLUPs and ZOs, LGUs shall establish land use
regulations including the implementation of RA 9003 or the Ecological Solid Waste
Management Act of 2000 to mitigate flood risks.

Page | 21


To promote the best interest and the coordinated protection of flood plains, the DPWH,
in coordination with DOST and DENR, shall declare Mood control areas, as necessary, and
prohibit or control activities that could damage or cause deterioration of lakes and dikes,
obstruct the flow of water. change the natural flow of rivers, increase flood losses or aggravate
flood problems pursuant to PD 1067. As such, any plan. intervention or utilization specified in
this Section should be cleared and issued appropriate permits by the concerned LGU provided
herein, inckiding imposition of penalties against identified violators

Article 3
Settlements Development

SEC. 39, Town, City, and Settlements Development, - Guided by the framework
for land use planning in Chapter LV of this Act and the National Urban Developmem and
Housing Framework, the CLUPs and ZOs shall direct the physical development of settlement
areas towards the overall goal of economic development and inclusive growth while
maintaining environmental integrity,

SEC, 40. Network of Settlements. - The framework and policies for the development
of network of settlements shall be provided by the National Physical Framework Plan
formulated by the NLUC. Individual settlements shall be planned as part of a national network
of settlements. The network shall be based on existing and potential settlements; production.
activities, particularly those that involve highly competitive industries and services and
generate local employment; environmental constraints and sustainability considerations.
Individual cities and municipalities shall be integrated through transportation and other
infrastructure support facilities.

SEC. 41. Criteria for Settlement Sites. - ‘The following shall be the eriteria for
identifying settlement areas:

a) Within A&D lands but not in environmentally-critical. hazard-prone or other
protection areas;

b) Along established urban growth directions;

¢) Are already or can be provided with basic services and utilities:

d) Ideally within the 0-8% slope range, but with mitigating measures from slope 9-
1%:

e) _ Reasonably accessible from existing built up areas and other employment centers
through existing or proposed roads and other transportation facilities,

f) _ Hdentified ICCs/IPs settlement areas shall be located within ancestral domains
based on the ADSDPP.

Hazard-prone (or high-risk) areas shall be defined, delineated and mapped by the
DENR and other the mandated government agencies. As such. new settlements within high
risk areas shall not be allowed. In cases where there are existing seitlements within geo-hazard
areas and/or high risk areas. mitigating and/or protective measures shall be adopted to address
the potential danger or risk to lives and property within such settlements. In coordination with
the concemed agencies of the government, the NLUC. through the RLUPC and PLUPC, shall
provide assistance to concerned LGUs and settlers in instituting safety and corrective measures
to address the potential danger or risk. New developments within geo-hazard areas shall be
required to submit an Environmental Compliance Certificae (ECC) and Engineering
Geological and Geo-hazard Assessment Report (EGGAR) consistent with the Revised

Page | 22


Procedural Manual for DENR Administrative Order (DAQ) No, 2003-30 or the Implementing
Rules and Regulations of PD 1586 establishing an Environmental Impact Statement System
and DAO No. 2000-28 or the “Implementing Guidelines on Engincering Geological and
Geohazard Assessment as Additional Requirement for ECC Applications covering
Subdivision. Housing and other Land Development and Infrastructure Projects.”

SEC. 42, Sustainable Communities. - Each city/municipality or cluster of
cities/municipalities, as appropriate, shall scck to follow the basic features of sustainable
‘communities. as guided by the National Urban Development and Housing Framework: transit-
oriented. pedestrian-biased, and multiple use. with systems and practices that promote water
use efficiency (including water harvesting and recycling). energy efficiency, waste segregation,
recycling. and adequate community facilities. Cities and municipatities or clusters thereof shall
ify. designate and allocate areas within their territorial jurisdiction to serve as waste
disposal site following the provisions of RA 9003 or the Ecological Solid Waste Management
Act of 2000.

SEC. 43, Socialized Housing Zones. - In accordance with the UDHA, each
city/municipality shall designate and delineate adequate land for housing or residential
purposes, including socialized housing and resettlement areas. for the immediate and future
needs of the local population as well as those identified as settlers on high-risk arcas,
underprivileged and homeless within their j n. The designated and delineated sites
for socialized housing, which may include patrimonial properties. shall be zoned as socialized
housing areas in the city’s or municipality's ZO. pursuant to existing Jaws and regulations. The
State shall encourage on-site development and shall consider accessibility of affected
community to employment, economic activities and social services. Socialized housing and
resettiement areas identified and delineated by the city or municipality shall be registered with
the DHSUD.

SEC. 44. Urban Forest or Green Space. - Each city or highly urbanizing municipality
shall identify. designate, and allocate lands owned by the barangay. city or municipality as
turban forest or green space based on guidelines and standards to be formulated by DHSUD
and adopted by the NLUC.

Article 4
Agricultural Lands

SEC. 45. Priority Areas for Agricultural Development. - Priority arcas for
agricultural development are those covered by the Comprehensive Agrarian Reform Program
(CARP) and the SAFDZ as defined in the in Section 4 of this Act

SEC. 46. Conversion of Agricultural Lands. Agricultural lands are deemed
converted to non-agricultural uses upon approval by the DAR of the application for conversion
or the issuance of an Exemption Clearance, if the land is reclassified as commercial. industrial
or residential prior to June 15, 1988. Prime agricultural lands or SAFDZs which are necessary
for attaining food security in rice and corn and other basic commodities, as determined by the
DA. subject to mandatory public hearings/consultations with the LGUs and endorsement by
PLUPCS. the private sector, the NGOs and POs. shalll be protected from conversion. Provided,
that all irrigated and irrigable lands. all lands developed of possessing the potential for
development of high value crops, and all agricultural lands that are ecologically fragile and
whose conversion will result in serious environmental problems cannot be converted, the areas

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under which are subject to review every 6-8 years by the DA, with mandatory public
hearings/consultations. Provided further that in fine with the principle that balances food
security with the economic efficiency of higher density uses, land use conversion may be
allowed when the land, as determined by the DA, ceases to be economically feasible and sound
for agricultural purposes, or when the locality has become urbanized and the land will have &
greater economic value for residential, commercial or industrial purposes except those not
subject to conversion as defined in this Section.

SEC. 47. Reclassification of Agricultural Lands. Consistent with the LGC, LGUs
may reclassify agricultural lands to non-agricultural uses. Reclassification shall only be done
during the preparation or updating of the CLUP and shall be reflected in the plan.
Reclassification in excess of the limits set by the LGC shall be approved by the NLUC.
Provided, that the reclassification limits shall be based on the total area of lands zoned as
agricultural at the time of updating of the CLUP. However, the DA shall first certify that
agricultural lands to be reclassified into non-agricultural uses are eligible for reclassification
in accordance with the preceding Section. Further, reclassified lands are deemed converted
only upon approval of the DAR as provided in Section 45 of this Act.

Article 5
Mineral Lands

SEC. 48, Criteria for the Utilization and Allocation of Land for Mining Purposes.
= Consistent with Section 5 of this Act and the provisions of RA 7942 or the Mining Act of
1995, subject to FPIC of ICCs/IPs, and to ensure that the objectives of maintaining ecological
balance and maximizing economic retums to mining operations are realized, the utilization
and allocation of lands for mining purposes shall be guided by the following:

a) ‘The principles of sustainable development and responsible mining;

b) In case of small-scale mining, adequate and acceptable safeguards shall be
instituted by the holders of mining rights or permits to prevent environmental degradation of
the mining sites and adjacent areas pursuant to RA 7076 or the People's Small-Scale Mining
Act of 1991;-No small-scale mining shall be undertaken outside a declared Minahang Bayan
and no entity shall engage in small-scale mining without a corresponding mining contract,
pursuant to RA 7076;

©) Mineral reservations which have become non-operational for at least 10 years
as determined by the MGB shall be placed under appropriate surface management by the
DENR or under the contro! and management of IPs/ICCs for those under ancestral domain
areas; and

a ‘Consistent with the Mining Act of 1995, areas closed to mining operations shall
be periodically reviewed through mineral exploration to be undertaken by the MGB for the
purpose of determining whether or not their continued closure is consistent with the national
interest and, if warranted, recommend their reclassification as mincral lands or ancestral
domain subject to RA 8371.

e) In addition to areas indicated in RA 7942, applications for mineral, contracts,
concessions and agreements shall not be allowed by in NIPAS areas, prime agricultural lands
and lands covered by CARP, tourism development areas, and critical ecosystems as
determined by the DENR.

SEC. 49. Reversion of Mineral Lands. - All mineral lands with exhausted mineral
resources, as determined by the MGB upon the approval of the DENR, shall revert to its

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original land classification, that is, as forestland, agricultural land. or ancestral domain and
shall be turned over to the concemed agency. Provided that the private entity/organization that
undertook mining activities shall be responsible for the rehabilitation of the mineral lands
consistent with RA 7942. In the case of forestlands, the DENR may classify such areas for
ther purposes in consultation with concerned LGUs. the DOT, and other national government
agencies.

Article 6
Energy Resource Lands

SEC. $0, Guidelines for the Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution Purposes.
To ensure that the objectives of maintaining ecological balance and maximizing the power
potential from indigenous energy resources in the most economical and environmentally-
acceptable means are realized, the allocation and utilization of lands for said purposes shall be
guided by the following, consistent with existing regulations and laws on energy resources:

a) _ Indigenous energy resource exploration and development for the purpose of @
national energy resource inventory and database as well as energy resource block map shall be
allowed subject to the implementation of complementary watershed and other land
management plans;

b) 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 ECC, as
applicable, prior to project implementation 1 ensure adequate and appropriate environmental
management measures and optimum methods for resource aceess and recovery are utilized;
and

c) Energy reservations or portions thereof which have become or have been
established to be non-cconomically viable to operate or are no longer used for energy purposes
shal] be released 10 give way to other land uses, subject to existing laws covering energy
Teservations.

SEC. $1, Reversion of Energy Resource Lands, - All exhausted indigenous energy
resource lands, as determined by the DOE. not covered by proclamations shall automatically
revert to its original land classification. that is, as forestlands or agricultural lands, or ancestral
domains. and shall be tumed over to the concemed agency. Exhausted energy resource lands
shall refer to specific energy resource sites whose energy reserves of the desired type/s are no
Jonger in sufficient quantity or quality to justify additional expenditure for their extraction and
utilization.

Article 7
Industrial Development Areas

SEC. 52. Criteria for Designating Industrial Development Areas, - Industrial
development areas shall be integrated into the national network of settlements defined by the
NPEP. given that industrial areas are major centers of employment and therefore require
residential and other community services and facilities. Regardless of their location, industrial
areas shall be linked to large cities and other settlements which serve as market and service
centers of industries.

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The identification and establishment of industrial development areas shall conform to the
provisions of RA 7916, otherwise known as the Philippine Economic Zone Act; RA 6657 as
amended by RA 9700, RA 8371 or the IPRA, RA 7279 or the UDHA, RA 8345 or AFMA,
taking into consideration that those industrial areas shall, to the extent possible:

a) Be based on economic activities where host communities have existing or
potential industrial advantages (e.g. labor skills. resource inputs. marketing or distribution
advantages);

b) Maximize opportunities for local employment:

c) Provide for or link to a mix of other land uses with support activities and
services such as residential. educational. transportation and other social services.; and

4) Consider the areas’ carrying capacity and respect identified SAFDZ pursuant to

the AFMA, environmentally-critical, geo-hazard and other protected areas.

Locational guidelines for Industrial Development Areas shall be promulgated by the
DHSUD, in coordination with concemed agencies. The designated industrial development
areas shall become an integral part of the CLUP and ZO of the city or municipality where
these areas are located.

Article 8
Tourism and Heritage Areas

SEC. $3, Tourism Enterprise Zones (TEZs). - The Tourism Infrastructure and
Enterprise Zone Authority (TIEZA) shall designate TEZs, upon concurrence of the LGU or
private entity or joint ventures between the public and the private sectors, subject to the
provisions of RA 9593 or Tourism Act of 2009 and requirements set by the TIEZA.

Lands identified as part of a TEZ shall qualify for exemption from the coverage of RAS
7279 and 6657 subject to rules and regulations to be crafted by the TIEZA, DHSUD and DAR:
Provided that a cerfificate shall be obtained from the DA that said lands are no longer
‘economically feasible and sound for agricultural purposes. consistent with Section 46(c) of this
Act.

The designated TEZs shall become an integral part of the CLUP and 20 of the city or
municipality where these areas are located.

SEC, $4. Identification and Declaration of Areas for Protection, Conservation
and Preservation of al Heritage, - Pursuant to RA 10066. the National Historical
Institute and/or the National Museum in consultation with the National Council for Culture and
the Arts. NCIP, DHSUD, other concerned agencies and LGUs shall designate heritage zones
to protect the historical and cultural integrity of a geographical area. Proposed developments
adjacent to the declared Jocal, national and world heritage site shall not obstruct or diminish
the character of the heritage site,

Article 9
‘Transportation and Other Infrastructure Development
SEC. 55. Strategic Transport Network. - The national government, through the
Department of Transportation, shall establish a strategic and sustainable multimodal transport
network that provides connectivity within the national network of settlements. Such

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connectivity shall include linkages among existing and proposed priority urban centers, rural
aress, production hubs and tourism zones, distribution centers and markets, and key
international points of entry. It shall be developed to promote network efficiency and social
service delivery, to catalyze areas identified critical for economic growth, while minimizing
negative impacts to environmentally-critical and protected areas,

‘The national network of settlements, as defined in the NPEP, shall guide the
development of a multi-modal transportation network. The network shall be designed and
implemented to provide scamless connectivity among the various modes of transportation. The
RPFPs, PDPFPs and city/municipal CLUBS shall focus on the transportation network that
corresponds to their respective jurisdictions (internal integration) while maintaining
consistency with the overall national networks (extemal linkages).

SEC. 56, Allocation and Use of Land for Infrastructure Development. - Land,
whether public or private, shall be allocated and utilized for priority transportation and other
infrastructure projects such as communication facilities, power lines, and water pipes. Lands
dedicated to right-of-way for government facilities either established by statutes, or acquisition
shall be devoted to public use. Once implemented or defined in the physical framework and
land use plans, existing and proposed government infrastructure rights-of-way shall be
protected from incompatible uses, such as informal settlements, barangay hall, outposts,
‘waiting sheds and other obstructions, by national and local governments concemed.

SEC. $7. Transportation and other Infrastructure Facilities and Utilities Within
Geo-hazard Areas. - Construction of new infrastructure facilities within geo-hazard areas
shall be allowed: Provided, That mitigating and/or preventive measures are adopted to address
the potential adverse economic, socio-cultural, and environmental impacts that will emanate
from these infrastructure facilities, subject to the findings and recommendations contained in
the ECC as a result of the environmental impact assessment/statement and EGGAR prepared
in accordance with DAO 2003-30 and DAO 2000-28 and other applicable laws

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

CHAPTER VII
TRAINING, EDUCATION, AND VALUE FORMATION

SEC. 58, Value Formation. - Jn order to create a well-informed, responsible and
committed citizenry who values the protection, conservation, management 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 as well as technical and vocational education programs.

SEC. 59. Information and Education Campaign. - The NLUC shall undertake a

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nationwide education information campaign in land use and physical planning to be
implemented by local and national goverament agencies. Concemed agencies shall formulate
and implement a land use management capability-building program for national and local
government officials, community leaders, NGOs, POs, religious sector, and the general public.

CHAPTER VII
SANCTIONS AND PENALTIES

SEC. 60, Failure to Formulate, Enforce, and/or Implement the CLUPs, - Within
three (3) years after the effectivity of this Act, all LGUs shall complete the formulation of their
CLUPS, Failure to formulate, enforce and/or implement the CLUPs shall be subject to the
penalties and sanctions t0 be imposed by the DHSUD pursuant to RA 11201 and its
Implementing Rules and Regulations.

SEC. 61. Causing Irrigated Agricultural Lands to be Idle. - Any person or juridical
entity who shall cause any irrigated lands whether contiguous for not, within the protected
areas for agricultural development, to lie idle and unproductive for # period exceeding one (1)
year, unless due to force majeure, shall be subject to an idle land tax equivalent to five percent
(5%) of the value of the agricultural land as appearing in its real property tax declaration, In
addition, the violator shall be required to put back such lands to productive agricultural use.
Should the continued agricultural inactivity, unless due to force majeure, exceed period of two
(2) years, the land shal] be subject to escheat proceedings.

SEC, 62. IMegal or Premature Conversion of Agricultural Lands, - Any person
found guilty of premature or illegal conversion sball be penalized with imprisonment of one
month to three years, oF a fine of five to ten percent (5-10%). or of the assessed value of the
property, or both, at the discretion of the court. and an accessory penalty of forfeiture of the
land and any improvement thereon.

SEC. 63. Non-Commencement and Non-Completion of Development of
Agricultural Lands with Approved Order of Conversion, - A landowner and his/her
designated developer or duly authorized representative who fails to commence development
after two (2) years or complete development after five (5) years from the issuance of the
Conversion Order shall be penalized with revocation of Conversion Order and forfeiture of
cash bond,

SEC. 64. Change of use from the Previously Authorized Conversion Order. The
landowner and future landowner(s) of the property approved for conversion shall not change
its use to another use not authorized under the Conversion Order without prior consent from
the DAR. This prohibition extends to changes in housing standards. changes in selling
schemes, changes from social housing to open market housing or vice-versa, and all other
similar changes. Violation of which shall be penalized with revocation of Conversion Order
and forfeiture of cash bond.

SEC. 65. Payment of Disturbance Compensation. - Payment of disturbance
compensation shall be provided to those working on the land affected by agricultural land use
conversion.

SEC. 66. Setting of Fines. - The amount of fines for all violations under this Act shall
be determined by the NLUC.

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CHAPTER IX
TRANSITORY AND FINAL PROVISIONS:

SEC. 67. Convening of the NLUC. - Within thirty (30) days from the effectivity of
this Act, the NLUC shall be convened by the Secretary of NEDA as the Council Chair.

SEC. 68, Implementing Rules and Regulations. - Within ninety (90) day's from the
effectivity of this Act, the NLUC shall promulgate the rules and regulations to implement the
provisions of this Act. The said rules and regulations shall be submitted to the Congressional
Oversight Committee for approval upon compliance with publication requirements.

SEC. 69, Congressional Oversight Committee on the Land Use Act. - There is
hereby created a Congressional Oversight Committee composed of seven (7) members each
from the Senate and House of Representatives to be appointed by the Senate President and the
House Speaker.

‘The Oversight Committee shall, in aid of legislation, review the implementation of this
Act, especially the applicability of the sanctions and penalties. at least once in every 6 years
and as often as it may deem necessary.

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

SEC. 70. Appropriations. - ‘The appropriations for the National Land Use Committee
under NEDA under the current General Appropriations Act (GAA) shall be used to carry out
the initial operations of NLUC. Thereafier, additional sums as may be necessary for the full
implementation of NLUC’s funetion shall be included in the annual GAA.

SEC. 71. Review of Existing Land Use Plans. - Provinces, cities, and municipalities
with existing Jand use plans shall review, revise, reconcile, and harmonize the same with the
revised guidelines and standards set forth under this Section 10 of this Act within three (3)
years from the effectivity of this Act,

SEC. 72, Repealing Clause. - All republic acts. executive orders. rules and
regulations. and other issuances. or parts thereof. that are inconsistent with the provisions of
this Republic Act are hereby repealed or modified accordingly

SEC, 73. Non-impairment Clause. - Nothing in this Act shall be construed as to
diminish, impair, or repeal rights recognized, granted, or available 10 marginalized or basic
sectors under existing laws including but not limited to RA Nos. 7076, 7160, 7279. 7586 as
amended by RA 11038, 7942, 8371, 8550, and 6657 as amended by RA 7881 and 9700. RA
9729, and RA 10121.

SEC. 74. Separability Clause. - If for any reason or reasons, any part or provision of
this Act shall be declared or held to be unconstitutional or invalid other parts or provisions
hereof, which are not affected thereby shall continue to be in full force and effect.

SEC. 7. Effectivity Clause, - This Act shall take effect fifteen (15) days after its

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publication in the Official Gazette or in at least two (2) national newspapers of general
circulation,

Approved.

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