J er nesg
e ON

SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES ) fT Re Cel
FIRST REGULAR SESSION ) (3? Beh
one:
HOUSE OF REPRESENTATIVES TIME: a,

Introduced by Honorable Maximo B. Rodriguez)

iouoe ul No. 4 551

EXPLANATORY NOTE

Land is the most tangible and limited resource of any country. It is similarly the most
valuable commodity prized by its citizenry and most controversial because not every person
can have access to land. In the Philippines, the country’s 30 million hectares of land is
shared by the country’s more than 80 million Filipinos. However, not all Filipinos have
access to these lands much more own any land. Thus it is imperative that our country's land
resources are effectively and equitably managed not only by the State and its agencies but
also by its people for the sake of generations to come.

Because land is a major resource of a country and its people, the utilization of our
land resources for national and local development is crucial to maximize the benefits derived
from utilization, management and ownership of land. The responsibility of ensuring that the
benefits accruing to the country’s land resources rests with the national and local
governments. In the case of the national government, it is the Department of Environment
and Natural Resources (DENR) that is mandated to administer, conserve, protect and
manage almost 15.88 million hectares of forestiands or 52.9% of the country's total land
area. 7

Likewise, the DENR, through the Land Management Bureau (LMB), is further
mandated to dispose and issue tittles to another 6 million hectares of untitled lands that have
been released and classified as alienable and disposable (A&D) lands. On the other hand,
the Land Registration Authority (LRA) is responsible for the registration of issued titles
released by the DENR or judicially decreed lands totaling another 6 million hectares
However, both agencies operate on totally different system of records, information and
document management systems and are guided by outdated legal mandates (e.g. Public
Land Act of 1936, Land Registration Act of 1902 and Property Registration Decree of 1978)
that are not anymore attuned to present day conditions of land administration in the
Philippines.

On the other hand, local government units (LGUs) are the key field managers of land
resources for both public and private lands. Whilst the DENR and LRA have specific
mandates on the over-all administration of public and private lands, LGUs exercise direct
administration, preservation, utilization and allocation of land uses and resources at the local
levels. In this regard, LGUs have a big stake in the effective and efficient management of
land resources in their localities because a large part of the local revenues generated by
LGUs iin their localities come from income from real property taxes and land related
transactions such as transfer taxes.

A joint study by the Bureau of Local Government Finance (BLGF) and the National
Tax Research Center (NTRC) of the Department of Finance, reported that for the period
2000-2005, LGUs lost some PhP 9.5 billion yearly due to poor collection efficiency of local
property taxes. Among key reasons cited for the poor collection of RPT among LGUs are
inefficient collection systems, understated values of assessed real properties compared to


real market values and local economic development. It is no wonder that many LGUs are
dependent on national revenue transfers, particularly the yearly internal revenue allotments
(IRA), because RPT collection which should be the main source of local revenues is a mere
12.5% of the total revenues generated by LGUs.

It is fervently prayed and admonished that the proposed National Land Use and
Management Act be urgently and readily passed into law so that our future generations of
Filipinos will not have to suffer the negligence and distress suffered by our parents and
ancestors. We can remedy this malady today and not tomorrow, | therefore submit this
proposed bill for approval by the Philippine House of Representatives,

MM

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No. 4551.

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

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

CHAPTER L. INTRODUCTORY PROVISIONS

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

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

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

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

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

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

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

) Maintenance and preservation of environmental integrity and stability;

) Sustainable and just management and utilization of natural resources;

) Disaster risk reduction and climate risk-based planning;

) Protection of prime agricultural lands for food security, with emphasis on seff-
sufficiency through efficient and sustainable use of land resources consistent with the
principles of sound agricultural development, natural resources development, and
agrarian reform;

SONS


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

6) Sustainable development and management of water resources;

7) Settlements, transportation and other infrastructure development in support of
inclusive growth and rural, urban and regional development:

8) Improved access to affordable housing by increasing its supply through direct
allocation, better access to unutilized lands, and multiple use and higher densities,
where appropriate:

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

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

14) Energy security or energy self-sufficiency;

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

13) Meaningful participation of the basic sectors.

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

SECTION 4. Definition of Terms

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

b. 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 non-agricultural purposes under an approved order of conversion
issued by the appropriate government agency;

c¢. Alienable and Disposable Lands of the Public Domain refers to lands of the
public domain which have been delineated, classified, and certified as such and
available for disposition under Commonwealth Act No.141, otherwise known as the
Public Land Act, as amended:

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

e. 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

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ancestral domains based on their indigenous knowledge systems and practices on the
principle of self-determination:

f. Classified Agricultural Land refers to one of the four (4) classifications of land
under the Constitution not classified by law as mineral land, forest land or national park
and the only land classification subject to alienation

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

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

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

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

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

|. Customary Laws refer to a body of written and/or unwritten rules, usages, customs
and practices traditionally and continually recognized, accepted, and observed by
respective ICCs/Ps consistent with the IPRA;

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

n. Development Plan refers to a document that defines the activities and measures
that the national government or LGUs intend to implement over a specified period of time
in order to achieve the defined set of development goals identified in the national or local
physical framework plans. It integrates socio-economic, financial, fiscal, legal and

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legislative, institutional and sectoral plans of the national government or any of its
instrumentality or a particular LGU, consistent with the objectives identified in spatial
plans such as land use plans or physical framework plans. It may include an analysis of
problems and resources, definition of goals and objectives, policy guidelines, project and
target achievements, and an implementation mechanism which defines the roles and
contributions expected from the government and the private sector;

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

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

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

r, Ecotourism refers to a form of sustainable tourism within a natural and/or cultural
heritage area where community participation, protection and management of natural
resources, culture and indigenous knowledge and practices, environmental education
and ethics, as well as economic benefits are fostered and pursued for the enrichment of
host community and satisfaction of visitors;

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

t. Energy Resource Lands refer to lands where naturally occurring or indigenous
energy resources exist in sufficient quantity and/or quality as to be economically viable
for exploration, development, production, utlization, and distribution purposes;

u. Environmentally Critical Areas refer to areas declared by law as (i) areas for
natural parks, watershed reserves, wildlife preserves, and sanctuaries; (ii) areas set
aside for aesthetic and visual value; (iii) areas that constitute the habitat for any
endangered or threatened species of indigenous Philippine wildlife both flora and fauna;
(iv) areas of unique historic, archaeological, or scientific interests; (v) areas that are
traditionally occupied by ICCs/Ps; (Wi) areas with critical slopes; (vil) areas frequented
and/or hard hit by natural calamities such as but not limited to geologic hazards, floods,
typhoons and volcanic activities; (viii) recharge areas of aquifers; (ix) mangrove areas;
(x) coral reefs; (xi) mossy and virgin forests; (xii) rivers and riverbanks; (xiii) swamp.
forest and marshlands; (xiv) foreshore lands; (xv) protected areas pursuant to Republic
Act no. 7586 or the NIPAS act of 1992; and (xvi) areas set aside as aesthetic potential
tourist spots. This term shall also include other terrestrial, aquatic and marine areas that
need special protection and conservation measures because they are ecologically fragile
or they are needed for food security and food self-sufficiency as determined by
concerned agencies and LGUs in consultation with the concerned stakeholders;


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

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

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

y. Food Security refers to the policy objective of meeting the food availability,
accessibility, and affordability requirements of the present and future generations of
Filipinos in @ sustainable manner, through local production or importation in cases of
shortage based on a micro level situation, or both, and taking into account the country's
existing and potential resource endowments and related production advantages, and
consistent with the overall national development objectives and policies:

z. Food Self-sufficiency refers to the policy objective of meeting the food requirements
through intensive local food production in a sustainable manner based on the country's
existing and potential resources and related production advantages;

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

bb. Forest refers to an ecosystem or an assemblage of ecosystems domiriated by trees
and other woody vegetation; a community of plants and animals interacting with one
another and its physical environment;

Cc. Forest lands refer to one of the four classifications of land under the constitution
under the public domain classified and/or determined as suitable for forest purposes not
Classified as mineral land, national park and classified agricultural land. These include all
permanent forest, forest reserves, forest reservations, and all the remaining unclassified
lands of the public domain;

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

ee. Forest Land Sub-classification refers to the process of determining the most
appropriate and sustainable use of forest lands primarily as protection forest and
production forest. They may be further sub-classified as grazing/pasture land,
recreational areas and other uses taking into account ecological, social and economic
considerations;

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


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

hh. Indigenous Cultural Communities/indigenous Peoples (ICCs/IPs) refer to groups
of people or homogenous societies identified by self-ascription and ascription by others,
who have continuously lived as organized community on communally bounded and
defined territory. and who have, under claims of ownership since time immemorial,
‘occupied, possessed and utilized such territories, sharing common bonds of language,
customs, traditions and other distinctive cultural traits, or who have, through resistance to
political, social and cultural inroads of colonization, non-indigenous religions and
cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall
likewise include peoples who are regarded as indigenous on account of their descent
from the populations which inhabited the country, at the time of conquest or colonization,
or at the time of inroads of non-indigenous religions and cultures, or the establishment of
present State boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced from their traditional domains:
or who may have resettled outside their ancestral domains;

ji. Inland Waters refer to waters, which are not coastal and marine waters, and not
subject to acquisitive prescription consistent with the provisions of Presidential Decree
No. 1087 or the Water Code of the Philippines:

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

kk. Key Biodiversity Areas (KBAs) represent the most important sites for biodiversity
conservation worldwide. These are places of intemational importance for the
conservation of biodiversity through protected areas and other governance mechanisms.
They are identified nationally using simple, standard criteria, based on their importance
in maintaining species populations;

Il._Land refers to resources, both artificial and natural, found on the surface, below,
and above the ground including inland waters and the air therein:

mm. Land Sub-classification refers to the act of determining and assigning specific
uses of classified lands such as forest lands, classified agricultural lands, mineral lands
and national parks in accordance with existing laws and this Act:

nn. Land Use refers to the manner of allocation, utilization, management and
development of land;

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

pp. Mandatory Public Hearings/Consuttations refer to the mechanism to ensure the
involvement of concerned stakeholders and communities in land use planning, from the
barangay to the national level, to ensure the social acceptability of the plans; it should
involve giving notice of hearing/consultation to concerned stakeholders. through

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

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

rf. Mineral Exploration refers to the systematic searching or prospecting for mineral
resources including energy resources;

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

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

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

W. 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;

ww. National Land Use Policy Council (NLUPC) refers to the administrative, policy-
making, and regulatory body created under this Act:

xx. National Park refers to forest reservation essentially of natural wilderness character
which has been withdrawn from settlement, occupancy or any form of exploitation except
in conformity with approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, natural and historic objects, wild animals and
plants therein and to provide enjoyment of these features in such areas. It shall also refer
to lands and waters of the public domain classified as such in the 1987 Constitution

8


which include all areas under the NIPAS pursuant to the NIPAS Act of 1992, primarily
designated for the conservation of native plants and animals and associated habitats and
cultural diversity;

yy. Network of Protected Areas for Agriculture and Agro-industrial Development
(NPAAAD) refers to agricultural areas identified by the Department of Agriculture (DA)
through the Bureau of Soils and Water Management (BSWM) in coordination with the
National Mapping and Resource Information Authority (NAMRIA) in order to ensure the
efficient utilization of land for agriculture and agro-industrial development and promote
sustainable growth. The NPAAAD covers all irrigated areas; all irrigable lands already
covered by irrigation projects; all alluvial plains; lands highly suitable for agriculture
whether irrigated or not; agro-industrial croplands or lands planted to industrial crops that
support the validity of existing agricultural infrastructure and agro-based enterprises;
highlands or areas located at an elevation of five hundred (500) meters or above and
have the potential for growing semi-temperate and high vaiue crops; all agricultural lands
that are ecologically fragile the conversion of which will result in serious environmental
degradation; and all mangrove areas and fish sanctuaries;

zz. Permanent Forests or Forest Reserves refer to lands of the private or public
domain which have been identified and determined to be needed for protection,
conservation, preservation and management as forests and shall be reserved,
conserved and protected into perpetuity for such purpose:

aaa. Permanent Forestlands refer to forestlands, within public lands, that have been
identified, determined and demarcated on the ground by the State to serve such purpose
and shall be protected, conserved, preserved, maintained and managed as forestlands
free from any form of utilization, exploitation or development, and reserved permanently
as such for the benefit and use of future generations;

bbb. Physical Framework Plans refer to the national, regional or provincial indicative
plans that outline the over-all and macro-level physical development objectives,
priorities, directions and strategies in its respective levels as prepared, reviewed,
integrated and finalized by the national, regional and provincial land use councils/boards,
respectively, based on the Comprehensive Land Use Plans (CLUPs) of the LGUs and
the national policy guidelines relating to land use and environmental management to
prevent or mitigate the adverse effects of inappropriate resource utilization on food
security, the people's welfare, and their environment;

ccc. Premature or Illegal Conversion refers to any activity that modifies or alters the
physical characteristics of agricultural lands to render them suitable for non-agricultural
purposes without an approved order of conversion from the DAR Secretary:

ddd. Prime Agricultural Lands refer to all contiguous irrigated areas and irrigable
lands already covered by irrigation projects: all alluvial plain lands highly sultable for
agriculture whether irrigated or not that have been identified to satisfy the country's
needs for food self-sufficiency and security, agro-industrial croplands or lands presently
planted and suitable to industrial and high value crops; highlands, or areas located at
elevation of 500 meters or above and have the potential for growing semi-temperature
and high value crops outside of declared permanent forestiands and protection forests
and not located in ecologically-fragile and environmentally-critical areas;

eee. Production Forest refers to forestiand located in production lands managed
primarily for the production of timber and other tree products:

10


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

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

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

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

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

kkk. Reclassification of Agricultural Lands refer to the act of specifying how
agricultural lands shall be utilized for non-agricultural uses such as for residential,
industrial, or commercial purposes, through the local planning and zoning processes
pursuant to the Local Government Code of 1991, and subject to the requirements and
procedure for conversion:

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

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

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

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

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

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

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

1


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

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

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

wy. Strategic Agriculture and Fisheries Development Zones (SAFDZs) refer to
areas within the NPAAAD identified for production, agro-processing and marketing
activities to help develop and modernize, with the support of government, the agriculture
and fisheries sectors in an environmentally and socio-cutturally sound manner;

www.Sub-classification or Reclassification of Agricultural Lands refers to the
process undertaken by the LGUs of allocating declared agricultural lands in their
respective territorial jurisdictions to specific uses such as residential, industrial or
commercial purposes and may be used as a basis for application for land conversion by
the owners thereof: °

2x. Sustainable Development refers to the development objective of meeting the
needs of the present generation without compromising the ability of future generations to
meet their own needs consistent with the principles of social equity, efficiency, and
environmental integrity:

yy. Sustainable Traditional Resource Rights refer to the rights of ICCs/IPs to
sustainably use, manage, protect and conserve a) land, air, water, and minerals; b)
plants, animals and other organisms: c) collecting, fishing and hunting grounds; d)
sacred sites; and e) other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge, beliefs, systems and practices;

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

aaaa, Tourism Ecozone refers to tourism development areas, outside protection lands,
which have been granted Special Economic Zone status, through the Philippine Export
Zone Authority (PEZA) registration and issuance of the required Presidential
Proclamation, with its metes and bounds delineated by said Proclamation, pursuant to
Republic Act 7916 or the Special Economic Zone Act of 1995 (SEZA), as amended;

bbbb. Tourism Estates refer to large tracts of land with well-defined boundaries in any
area, excluding those in protection lands, identified in the Philippine tourism master plan

12


and regional tourism master plan, by proclamation of the President and/or by Acts of
Congress and/or by local legislation and declared suited for the development of an
integrated tourism and resort complex with prescribed carrying capacities and limits for
its facilities and activities;

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

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

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

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

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

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

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

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

kkk. Zoning refers to the regulatory tool for delineating the specific land uses in
accordance with the approved CLUP within the territorial jurisdiction of a city/municipality
and specifying the conditions for their regulation; subject to the limitations imposed by
law and competent authority; and

lil. Zoning Ordinance refers to a local law passed by the Sangguniang Bayan or
Panlungsod approving the development control/zoning plan in accordance with an
approved or adopted CLUP of the city/municipality, providing for the regulations and
other conditions on the land uses including the limitation on the infrastructure that may

13


be placed within the city's/municipality’s territorial jurisdiction. It incorporates the
protected areas, protected agricultural lands and ancestral lands as provided for in this

Act,

CHAPTER Il. FRAMEWORK FOR LAND USE PLANNING

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

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

Preservation, conservation, rehabilitation and protection to perpetuity of permanent
forestiands, critical watersheds, key biodiversity areas, environmentally-critical and
ecologically-fragile areas and prime agricultural lands from any other land use,
conversion, disposition, intrusion, utilization and development aside from their
determined use and limits;

Protection of natural forests and natural resources ensures environmental stability,
conserve biological diversity, improve ecosystem functions and provide long-term
ecological and economic benefits. Designated restoration areas are designed to
revive the ecosystem functions and services of forests as well as improve the
economic and ecological benefits of local communities:

Protection of forest and wetlands from infrastructure development to’ preserve the
ecological services they provide which are essential to economic development.
These activities include, but not limited to river channelization and dredging, large
scale irrigation and river diversions which reduce riverine habitat and alter flood
patterns and natural flow regimes, reduce downstream water availability for
agriculture and contribute to salinization through saltwater intrusion in coastal areas;

Resolution of land use conflicts which are life-threatening or threatening to public
safety, sustainability of key production resources or employment activities and the
delivery of basic services which are harmful or destructive to protected areas, flora,
fauna, and other protected natural resources. Greater consideration shall be given to
the human and tenurial rights of vulnerable groups in resolving land use conflicts;

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

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

Identification of settlement areas to check the demand for land and establish the
location of employment-generating industries and basic services; and

The availability of natural resources including indigenous energy resources for
energy security and self-sufficiency. However, infrastructure energy projects such as

14


dams with large reservoirs in natural ecosystems shall not be allowed if it would
interrupt the connectivity of river systems, disrupt fish spawning and migration, and
alter seasonal flood regimes.

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

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

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

limited to:

1) Natural and Restored Forests, which consist of:

a)
b)
c)
a)
e)
fy

9)

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

All existing areas within forestiand containing secondary-growth or
residual forests of whatever type or specie;

Areas identified as Key Biodiversity Areas;

Restoration areas;

All mangrove forests;

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

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

2) Rehabilitated and/or reforested degraded mining areas;
3) Critical ecosystems for protection, such as:

a) Coral reefs:

b) Marshes and wetlands,
¢) Lakes and rivers;

d) Caves; and

e) Waterfalls.

4) Disaster-prone areas that include areas subject to, or maybe subject to

a) Recurrent flooding;

b) Liquefaction;

¢) Tsunamis;

d) Storm surges:

e) Polar vortex;

f) Mass wasting;

g) Volcanic eruption;

h) Direct impact of seismic activity;

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

5) Critical watershed areas;
6) Marine Protected Areas;

15


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

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

9) Natural and human-made areasisites of cultural, historical and
anthropological significance, which are declared as such by internationally-
recognized institutions; and

10)All other areas not included and declared as production areas shall become
protection areas

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

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

a) Lands whose soils are suitable for agricultural development;

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

¢) All lands that are traditional sources of staple food;

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

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

2) Coastal, inland water and Marine Zones, such as fishponds;
3) Production Forests, such as:

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

b) All areas within forestlands considered as rangelands for grazing
purposes:

c) All areas within forestlands managed under the community-based
forest management in areas not classified as protection forests.

4) Rangelands for grazing;

5) Industrial Development Areas: and

6) Tourism Development Areas, including potential small islands for similar
purposes.

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

it shall also include lands identified for institutional uses such as educational,
administrative, government, law enforcement, health care and social services.
Settlements and institutional land uses aim to ensure for the present and future
generation the: i) effective integration of activities within and among settlements,

16


allowing efficient movement of people and production of commodities through the
provision of appropriate land, infrastructure, and facilities; and ii) access of the
Population to housing, education, health care, recreation, transportation and
communication, sanitation, and basic utilities such as water, power, waste disposal,
and other services;

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

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

SECTION 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral
domains shall be formulated by the ICCs/AP themselves in accordance with their particular
needs and traditional resource and management systems with the assistance of the NCIP,
the LGUs and civil society organizations (CSOs) concerned. Such plans shall be recognized
and adopted in the barangay. cityimunicipal, provincial, regional and national physical
framework plans.

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

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

SECTION 8. Adoption of Multiple Uses of Land. The primary and alternative uses of a
‘specific land resource shall be determined and evaluated by the respective local land use
boards prior to any decision for the assignment of its use. Areas feasible for sustainable land
resource use may be considered multiple-use zones wherein settlements, tourism,
agriculture, agro-forestry and extraction activities and other income-generating or livelihood
activities may be allowed except areas under protection land use.

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

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

CHAPTER Ill. SPECIAL AREAS OF CONCERN

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

uw


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

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

Article Two. NIPAS Areas

SECTION 11. Integrated Management Strategy. For more effective _ planning,
management, and protection of protected areas at the provincial and municipalicity levels,
the Protected Area Management Plan (PAMP) referred to in the NIPAS Law shall be
incorporated in the PPFP and CLUPs if applicable, wherein protected area zoning shall be
reflected,

Article Three. Agricultural ds

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

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

All other agricultural lands not identified as prime agricultural lands can only be
converted to non-agricultural uses upon issuance of a DAR conversion order: Provided, That
such conversion shall not drastically change the nature of the over-all land uses in the
surrounding and adjacent areas from its existing land use.

Provided, That consistent with the State policy on giving priority to the completion
of the Comprehensive Agrarian Reform Program (CARP), those lands covered under
compulsory acquisition/voluntary offer to sell, production or profit-sharing subject to CARP
shall also be protected from conversion pending the distribution and/or installation of the
farmer beneficiaries.

Provided, further, That pending the completion of mapping activities of the specific
areas under the NPAAAD and the SAFDZs under the AFMA and their incorporation in the
National Physical Framework Plan (NPFP), the application for conversion of these areas
shall not be given due course by the appropriate government agency,

Article Four. Ancestral Domain

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

SECTION 15. Respect for Ancestral Domains. The Ancestral Domain Management Plan
(ADMP) or ADSDPP shall be adopted in the CLUP and/or other plans that the LGU is
mandated to produce. The extent of the Ancestral Domains shall be reflected in the land use
plan, and shall be zoned as such in the zoning ordinance. It shall be co-managed by the
LGU and IP community. Additionally, the ADSDPP shall be included in the investment plans
of the LGU.

18


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

Article Five. Forest Lands and Reservation of Watershed

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

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

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

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

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

¢. Ridge tops and plateaus regardless of size found within or surrounded wholly or
partially by forestiands where headwaters emanate’

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

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

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

SECTION 19. Reversion of Alienable and Disposable Lands to Forestlands. Upon the
recommendation of the DENR Secretary, duly reviewed and endorsed by the National Land
Use and Policy Council (NLUPC), and after due consultations with the concemed LGUs and
the affected parties, Congress may authorize the reversion of alienable and disposable lands
of the public domain or portion thereof to forestlands.

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

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

19


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

SECTION 22. Establishment and Management of National Parks. All areas proclaimed
by the President and Congress to be under the NIPAS, unless disestablished, including
those identified initial components of the NIPAS as Key Biodiversity Areas shall comprise the
National Parks classification of the public domain. The DENR and concerned 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 areasinational parks shall
be in accordance with the provisions of the NIPAS Act and other laws establishing or
declaring specific areas as protection areas.

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

Article Six. Coastal Zones

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

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

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

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

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

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

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

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

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

20


SECTION 25. Coastal Land Zone Sub-classification. All public lands in the coastal zones
shall be sub-classified into any of the following: fishponds, mangroves, protection from tidal
surge for preservation of biodiversity, habitats and sanctuaries for endangered wildlife,
fisherfolk settlement, or recreationaltourism areas. No sub-classification of coastal zones to
different uses shall be done without the following
a. Conduct of a comprehensive inventory and resource and environmental assessment
by the DENR with respective LGUs and accredited Non-Government Organizations/
Peoples Organizations (NGOs/ POs) within their jurisdiction. The result of such
assessment along with a list of all existing applications and expired Foreshore Lease
Agreements shall be posted in three (3) conspicuous places in the affected localities:
and
b. Prior consultation with local Fisheries and Aquatic Resource Management Councils
(FARMCs) formed pursuant to Republic Act No. 8550 or the Fisheries Code.

SECTION 26. Zoning of Coastal Areas. LGUs, in coordination with the DENR, the
FARMCS, local fisherfolk organizations and other concemed stakeholders such as women
and youth, shall prepare the Coastal Zoning Resource Management Plan (CZRMP) which
‘shall be incorporated in the CLUP. Management zones defined in the CZRMP should be
reflected in the CLUP and the subsequent Zoning Ordinance.

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

SECTION 28. Protection of Waterways, Easements and Flood Plains. Structures of any
kind shall not be built in waterways and easements. Pursuant to PD 1067 or the Water Code
of the Philippines, the banks of rivers and streams and the shores of the séas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along their margins
are subject to the easement of public use only in the interest of recreation, navigation
floatage, fishing and salvage.

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

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

SECTION 28. Disposition of Public Lands for Fishponds. Upon the effectivity of this Act,
but subject to existing rights and the preceding section, no fishpond lease agreement (FLA)
shall be issued for tidal swamps, mangroves and oilier swamps, marshes, ponds, foreshore
lands, and coastal areas within public lands, including those presently declared available for
fishpond development. The LUPC, in coordination with the DENR, the DA, the FARMCs and
the LGUs shall set aside a portion of available public lands for fish propagation, fish
sanctuary, conservation, ecological purposes and fisherfokk settlement areas. Fishponds
covered by existing FLAs, but are abandoned or are not operating efficiently and are found

21


suitable for mangroves shall be reforested with mangroves.

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

Article Seven.

ineral Lands

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

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

a. The principles of sustainable development;

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

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

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

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

Article Eight. Energy Resources

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

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

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

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

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

22


covering energy reservations; and
e. Renewable energy shall be preferred over other energy resource

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

Article Nine. Settlements Development

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

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

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

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

SECTION 39. Designation and Zoning of Socialized Housing Sites. Each city or
municipality in urban, urbanizable and rural areas shall designate through the CLUP
adequate lands for housing or residential purposes, including socialized housing and
resettlement areas for the immediate and future needs of the local population as well as the
underprivileged and homeless in their territory, pursuant to existing laws and regulations, In
order to ensure adequate availability of land for the housing needs of the local population,
the CLUP may be revised at the minimum of ten (10) years, and reviewable not earlier than
every five (5) years.

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

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

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

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

The current Zoning Ordinance of LGUs shall be reviewed and revised such that
the socialized housing component shall be integrated thereto,

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

SECTION 42. Guidelines for Identification of Settlement Sites. In identifying settlement
areas, prospective sites should be:
a. within alienable and disposable lands but not in environmentally-critical, geo-hazard
or other protection areas;
along established urban growth directions;
with provisions for or can be provided with basic services and utilities:
within the 0-8% slope range: and
accessible from existing built-up areas and other employment centers through
existing or proposed roads and other transportation facilities.

@aeo

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

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

Article Ten. Industrial Development Areas/Sites

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SECTION 45. Criteria for Designating Industrial Development Areas. The identification
and establishment of industrial development areas shall conform to the provisions of the
SEZA, the Comprehensive Agrarian Reform Law (CARL), IPRA, UDHA, the Fisheries Code
and the AFMA, taking into consideration the following
a. Identified network of areas for agricultural development and protected agricultural
areas pursuant to the AFMA:
b. National policies on the regional dispersal of industries and agri-based industrial
development;
¢. Identified growth areas and corridors in the National Development Plan;
d. NIPAS and non-NIPAS areas such as but not limited to KBAs and restored areas that
require protection;
e. National and Urban Development and Housing Framework:
f. Identified Socialized Housing Zones; and
g. National Framework for Physical Planning and other existing national programs and
policies.

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

Article Eleven. Tourism Development Areas

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

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

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

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

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

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Article Twelve. Infrastructure Development

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

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

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

Upgrade existing facilities to international public safety standards:
Address the need for sustainable settlements development; and
Mitigate the destructive effects of natural disaster-causing phenomena or those that
shall serve as alternatives to existing infrastructure found in natural hazard-prone
areas

Provided, That the provision and implementation of infrastructure support shall be
made compatible with existing environmental conditions and the physical, whether natural or
human-made, and cultural character of the area. Mandatory public consultations pursuant to
existing laws and regulations shall be held prior to the conduct of all infrastructure projects
that will necessarily involve dislocation or displacement of people in the area;

Provided, further, That the proponent of the infrastructure project shall follow the
ules on just and humane eviction or demolition under Section 28 of the UDHA as a last
resort, notwithstanding the provisions of Republic Act No. 8975, prohibiting lower courts from
issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory
injunctions, and that the proponent shall follow provisions of the IPRA, particularly those
pertaining to the rights of IPs/ICCs in case of displacement:

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

PON

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

Existing projects that were undertaken without the required environmental impact
assessment and which pose a threat to the environment, or to the integrity of historic,
archaeological, or scientifically significant areas, or impinge on critical ecosystems, may be
terminated immediately, or gradually phased-out and relocated, or maintained up to their life
span, subject, however, to mitigating measures: Provided, That the rules on mandatory
public hearings/consultations and just and humane eviction or demolition shall also be
observed prior to the termination, gradual phase-out, or relocation of projects that will
necessarily involve dislocation or displacement of people in the area

CHAPTER IV: PHYSICAL FRAMEWORK AND LAND USE PLAN

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

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

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

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

Furthermore, it shall consider the existing Regional Physical Framework Plans
(RPFPs) AND Provincial Physical Framework Plans (PPFPs),

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

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

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

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

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

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

SECTION 52. Regional Physical Framework Plan. The RPFP shall provide broad spatial
directions and policy guidelines on protection land use, production land use, settlement
development, and infrastructure development at the regional level and guide the formulation
of the PPFPs. The RPFP shall consider the existing PPFPs and the CLUPs of LGUs within
the territorial jurisdiction of the region,

The Regional Land Use Policy Council (RLUPC), created under Section 9 of this
Act, shall formulate and periodically update the RPFP based on the guidelines issued by the
NLUPC, in a manner consistent with and following the objective of the NPFP. Likewise, the
Medium-Term Regional Development Plan (MTRDP) and the Medium-Term Regional
Development Investment Program (MTRDIP) shall be guided by and made consistent with
the objectives identified in the RPFP.

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

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

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

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

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

SECTION 54. City and Municipal Land Use Plans (CLUPs). All barangays shall provide
their sectoral, temporal and spatial data for the CLUP which shall serve as the foundation for
the formulation of the city/municipal CLUPs. The data shall be provided by the Sangguniang
Pambarangay through stakeholder consultations. The Comprehensive Land Use Plan
(CLUP) shall determine the specific uses of land and other physical and natural resources,
both private and public, within their territorial jurisdiction including areas co-managed with
the national government and, as appropriate, management plans for ancestral domains,
critical watersheds, river basins, and protected areas.

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

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

28


The CLUPs shall be submitted by the city/municipal local development councils
(LDC) for adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs
shall be submitted to the province for integration into the PPFP.

CHAPTER V. IMPLEMENTING STRUCTURE AND MECHANISM

SECTION 55. Creation of the National Land Use Policy Council (NLUPC). The National
Land Use Committee (NLUC) under the NEDA Board (NB) is hereby abolished and in its
stead, the NLUPC shall be created. It shall exercise the powers and responsibilities
identified under this Act and assume the functions of the NEDA Board-National Land Use
Committee (NB-NLUC). It shall further exercise the powers and functions pertaining to land
use planning vested by law to the HLURB, except the following:
a. Formulate land use planning guidelines in the preparation of the CLUPs and
zoning ordinances of local government units to ensure compliance with the national
policies, objectives, priorities and directions set by the NLUPC;
b. Provide technical and other forms of planning assistance to, including capacity-
building for, local government units and zoning boards; and
c. Act as the appellate body on decisions of local zoning bodies on locational
clearance applications and/or oppositions thereto and other zoning issues involving
private rights.
The NLUPC shall act as the highest policy making body on land use and shall resolve land
use policy conflicts between or among agencies, branches, or levels of the government. It
shall integrate efforts, monitor developments relating to land use and the evolution of
policies.

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

The members of the Council shall be the following
The Secretary of the Department of Agrarian Reform (DAR):
. The Secretary of the Department of Agriculture (DA);
. The Secretary of the Department of Environment and Natural Resources (DENR);
The Secretary of the Department of Interior and Local Government (DILG);
‘The Chairperson of the National Commission on Indigenous Peoples (NCIP):
The Chairperson of the Housing and Urban Development Coordinating Council
(HUDCC);
. The Chief Executive Officer of the Housing And Land Use Regulatory Board
(HLURB):
h. The Administrator of National Mapping And Resource Information Authority
(NAMRIA):
President of the League of Cities of the Philippines (LCP);
President of the League of Municipalities of the Philippines (LMP);
Two (2) representatives each from four (4) basic sectors directly involved in land use,
namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be
appointed by the respective National Anti-Poverty Commission (NAPC) sectoral
councils. Of the eight (8) sectoral representatives, at least four (4) shall be women,
provided that one of whom shall be from the Moro sector;
| Four (4) representatives from the developers’ associations, the accredited
associations of professionals dealing with land use such as, but not limited to, urban
and regional planners, environmental planners, architects, geologists and geodetic
engineers, the business or private sectors; and
m. The Head of the NLUPC Secretariat shall be a non-voting ex-officio member.

©e ->=ea0c9

———

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

SECTION 57. Powers and Functions of the NLUPC. The NLUPC shall have the following

powers and functions:
a. Guide the determination and identification of the country's strategic land use
development and physical planning objectives, priorities and direction, as well as
recommend the adoption, passage, or amendment of laws to ensure that plans,
programs, projects, and activities, including local govemment initiatives affecting land
use are consistent with national development objectives;
b. Formulate the necessary national policy guidelines in the preparation of the country's
physical framework plans, including the setting of limits/target key land uses needed for
protection, production, settlements and infrastructure for present and future needs;
¢. Ensure that policies, guidelines and standards on land use and physical planning,
including zoning, shall be followed by the RLUPC, local land use boards and concemed
national agencies, and that the RPFP, PPFP AND CLUPs shall be consistent with the
NPEP;
d. Ensure the consistency of other national development and sectoral plans and
programs, including the medium-term Philippine Development Plan (PDP) and Public
Investment Program (PIP), with the NPFP;
e. Integrate and harmonize alll laws and policies relevant to land use in order to come up
with a rational, cohesive, and comprehensive national land use framework, and if
warranted, recommend to Congress the adoption. passage or amendment of laws to
ensure that sectoral plans, projects and activities, including local government initiatives
affecting land use are consistent with national development objectives:
f. Resolve policy conflicts on land uses between or among agencies. branches, or levels
of government and unresolved land use policy conflicts at the regional level:
g. Issue locational clearance for projects of national significance;
h. Call on any department, bureau, office, agency, or instrumentality of thie government
and or private entities and organization for cooperation, support, and assistance in the
performance of its functions.
|. Review the NPFP every ten (10) years.
j. Advise the President of the Philippines and the NEDA board on all matters concerning
land use and physical planning:
k. Adopt rules of procedures for the orderly and expeditious conduct of meetings and
other business of the council: and
|. Perform such other acts and functions and exercise such other powers as may be
necessarily implied, inherent, incident, or related to the foregoing

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

CHAPTER VI. REGIONAL AND LOCAL LAND USE POLICY BODIES

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

a. Formulate regional policies and guidelines which are consistent with the national

30


planning guidelines issued by the NLUPC in the preparation and formulation of the
respective provincial physical planning and comprehensive land use plans of LGUs
within its jurisdiction;

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

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

d, Decide and resolve policy conflicts on land use planning, classification, and allocation

that may arise between or among regional line agencies, provinces and cities/

municipalities;

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

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

Evaluate consistency of major programs and projects of regional agencies and

entities with the RPFP and their impact on land use and the environment; and

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

sz ae

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

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

Section 61. Powers and Responsibilities of the Provincial Land Use Planning and
Management Board. The following are the powers and responsibilities of the PLUPMB:

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

b. Submit to the PDC the draft CLUP for its transmission to the Sanggunian
Panlalawigan and for the PDC to use it as reference for consistency and
complementation with other development plans:

c. Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use
management objectives and goals identified in the CLUP;

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

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

1. Advice the Sangguniang Panialawigan on all matters pertaining to land use and
physical planning:

31


g. Promote cooperation and sharing of resources between and among component
LGUs of the province or with neighboring LGUs to address common land use and
development issues including those related to geo-physical hazards, watershed and
river basin management, coastal and marine waters, climate change impact and
disaster risks; and

h. Assist the Sangguniang Panlalawigan in reviewing the submitted CLUPs of
component cities/ municipalities to ensure consistency with the Provincial Physical
Framework Plan.

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

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

a. Provincial Planning and Development Coordinator (PPDC);

b. Chairperson of Sanggunian Panialawigan Committee on Environment and Natural

Resources:
Provincial Chapter President- League of Municipalities and/or League of Cities;
Provincial Agrarian Reform Officer (PARO);
Provincial Environment and Natural Resources Officer (PENRO);
Provincial Agricultural Officer (PAO),
NCIP Provincial Officer;
HLURB Regional Officer
Three (3) representatives from the local business or private sector: the developers’
association and accredited associations of professionals dealing with land use such
as, but not limited to, urban and regional planners, environmental planners,
architects, geologists, geodetic engineers; and chamber of commerce! who shall be
appointed from among the accredited organizations within their respective
development councils;

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

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

-s@>@a0

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

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

Appropriations for the regular operation and activities of the PLUPMB shall be
included in the annual budget proposal of the PPDO: Provided, That other funds and
resources, including grants, applicable service fees and charges collected, contributions,

32


donations, and other funds to support its operations and activities may be accepted and
received by the PLUPMB subject to existing auditing and reporting procedures.

SECTION 63 City/Municipal Land Use Planning and Management Board (C/MLUPMB. A
City/Municipal Land Use Planning and Management Board or (C/MLUPMB) is hereby
created under this Act in all municipalities and cities, including highly urbanized and
component cities, to oversee the preparation, integration, adoption and approval of their
respective Comprehensive Land Use Plans (CLUPs). It shall issue a Certificate of
Compliance prior to the submission of the CLUP to the Sanggunian to ensure the
consistency of such plans with approved national, regional and provincial planning
guidelines. The C/MLUPMB shall also be directly responsible for the effective management
and implementation of the approved CLUP and for ensuring that existing and future local
policies, including zoning ordinances, development initiatives, programs and projects
introduced within its jurisdiction are consistent with and supportive of the land use resource
management and physical planning objectives, directions and character identified by the
approved CLUP.

Section 64, Powers and Responsibilities of the City/Municipal Land Use Planning and
Management Board. The C/MLUPMB shall exercise the following powers and functions:

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

b. Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and land use management
objectives and goals identified in the CLUP:

c. Issue a Certificate of Compliance to the Sanggunian as proof that the CLUP is
compliant with national land use polices, guidelines and standards:

d, Submit to the LDC the draft CLUP for its transmission to the Sanggunian and for the

LDC to use it as basis for consistency and complementation with other development

plans;

e, Decide and resolve policy conflicts on land use planning, classification, and allocation

that may arise between or among barangays and facilitate the resolution of any

unresolved land use conflict, including boundary conflicts, involving barangays,

f. Based on the CLUP, review and endorse for approval/disapproval applications for

locational clearances, building and zoning permits and/or other planning-related

requirement for any project, both private and public, that is submitted to the LGU for
issuance;

g. Advise the Sangguniang Bayan on all matters pertaining to land use and physical

planning, and

h. Promote cooperation and sharing of resources between and among its barangays

and neighboring LGUs to address common land use and development issues including

those related to geo-physical hazards, watershed and river basins, coastal and marine
waters, climate change impact and disaster risks

Section 65. Composition of the C/MLUPMB. The C/MLUMPPB shall be composed of the
following thirteen (13) members and shall be headed by a Chairperson

City/Municipal Planning and Development Coordinator (C/MPDC)

Chairperson, Sanggunian Bayan Committee on Environment and Natural Resources;
President of the Association of Barangay Captains (ABC);

Municipal Agrarian Reform Officer (MARO);

LGU Environment and Natural Resources Officer (City/Municipal ENRO)

Municipal Agriculture Office (MAO);

Three (3) representatives from the local business/private sector, the developers’
associations, and the accredited associations of professionals dealing with land use
such as, but not limited to, urban and regional planners, environmental planners,

NOOsON=

33


architects, geologists and geodetic engineers; and association/chamber of
commerce, who shall be appointed from among the accredited organizations within
their respective development councils;

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

9. Designated Board Chairperson to be chosen among the members

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

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

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

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

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

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

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

CHAPTER VIII. MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SECTION 68. National Mapping and Spatial Data Infrastructure Program (NMSDIP). A
national mapping program shall be implemented, coordinated and monitored through the
creation of the Inter - Agency Technical Committee (ITC) composed of the National Mapping
And Resource Information Authority (NAMRIA) as the lead agency, the Bureau of Soils and
Water Management (BSWM), the Forest Management Bureau (FMB), the Land
Management Bureau (LMB), the Land Registration Authority (LRA), the Protected Areas And

34


Wildife Bureau (PAWB), the Mines And Geoscience Bureau (MGB), the Philippine institute
of Volcanology and Seismology (PHIVOLCS), the Department of Agrarian Reform (DAR).
Department of Agriculture (DA), National Commission on Indigenous People (NCIP), the
National Water Resources Board (NWRB), the Department of Energy (DOE), the National
Disaster Risk Reduction and Management Council (NDRRMC), the National Economic
Development Authority (NEDA), and other concerned government agencies. The ITC shall
be constituted, and the mapping and spatial data infrastructure program shall be initiated
within thirty (30) days from the effectivity of this Act. The program shall be responsible for the
production of base and decision maps and associated spatial databases for all planning
levels based on the guidelines of NLUPC.

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

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

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

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

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

SECTION 69. Maps for Planning. Within one (1) year after the NLUPC’s approval of the
Guidelines and Standards for planning at all levels, available NAMRIA maps and all maps
made available to NAMRIA by supporting agencies shall be submitted to the NLUPC for
national, provincial, cities and municipalities planning. The NLUPC shall forward these maps
to the respective PLUPMBs and C/MLUPMBs after it has reviewed and approved them
Pertinent maps to be produced through the NMSDIP shall include among others
Topographic Maps:
. Geologic Maps;
Hydrologic Maps;
Climate Maps;
Soils Maps;
Slope Maps;
|. Mineral Resource Maps;
Existing Land Use Maps;
Land Suitability Maps for
1) Settlements
2) Agriculture
3) Industrial areas
4) Others
i. Agricultural Maps:
1) Network of Protected Areas for Agricultural and Agro-industrial Development;
2) Commodity Specific Development Guide Maps;
3) Land Limitation Maps;
4) Cropping System Zones Maps;

-se>e@a0c9

35


5) Hydro-ecological Conditions Map;
6) Irrigation Systems Maps;
Land Classification Maps;
Municipal Waters Delineation Maps and MPAs;
m, Geo-Hazards Maps:
1) Flood Prone Areas,
2) Hazard Zonation Maps for Volcanoes;
3) Map of Fault Systems;
4) Tsunami Prone Areas;
5) Erosion Prone Areas;
Tourism Maps:
Transportation Maps;
. Traffic Flow;
|. Maps Designating Areas Served by:
1) Power
2) Tele-communications
3) Water
Maps indicating the following facilities:
1) Health
2) Education
3) Power
Domestic Water Supply
Industrial Areas
Population Distribution Map
Ancestral Domain Map
NIPAS Areas
Areas Suitable for Urban Expansion
Watershed Areas
Forest Lands
1) Protection Areas
2) Production Areas
3) Restoration Areas
a) Key Biodiversity Areas
b) Marine Protected Areas

x

ppos

NKxe<ero

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

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

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

SECTION 72. Ground Delineation of Land Use. For effective planning to take place at the
36


local level and for the easy enforcement of the Zoning Ordinance of each city/municipality,
land uses must be identifiable both on the map and on the ground. A Joint Committee
comprised of the LGU, as represented by its M/CLUPMB, and of the national government
agency concerned, to be assisted by the C/MPDC, shall identify and delineate on the ground
the land uses within their jurisdiction. The following shalll be given priority:
a. Forest Lands
1) Protection
2) Production
b. Ancestral Domains
c. NIPAS Areas
1) Strict Protection Zone
2) Multiple Use Zone
d. Watershed Areas
1) Critical
2) Multiple Use
@. Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAAD)
Socialized Housing Sites and Settlement Expansion Areas
Extents of Environmentally-Constrained Areas
Easement Areas
Critical coastal areas
1) Mangroves
2) Sea grass

ae a

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

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

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

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

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

SECTION 74. Scope and Nature of Responsibilities of Other National Government
Agencies. All concerned national government agencies/bodies shall periodically report to
the NLUPC on the various activities and accomplishments on land use. Likewise, they shall
provide their respective sectoral/development plans and provide technical and administrative
support if called upon by the NLUPC for the implementation of the provisions of this Act.

37


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

CHAPTER IX. TRAINING, EDUCATION AND VALUES FORMATION

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

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

CHAPTER X. INCENTIVES, SANCTIONS AND PENALTIES

Article One. incentives and Awards

SECTION 78. Formulation of a System of Incentives and Awards. The NLUPC shall
come up with a system of incentives and awards to LGUs that regularly update their
CLUPS/ZOs once every eight (8) years

SECTION 79. Priority in Giving Technical Assistance to LGUs. In providing technical
assistance and other forms of support related to land use management and implementation
of development plans, national government agencies shall give priority to cities and
municipalities with approved CLUPs and ZOs

Article Two. Sanctions and Penalties

SECTION 80. Fine for Failure to Commence or Complete the Development of
Agricultural Lands with Approved Conversion Order. For agricultural lands with
approved conversion orders, the provisions of Republic Act 6657 (CARL), as amended by
Republic Act 9700, shall apply. A landowner and/or the designated developer or duly
authorized representative who fail to commence and/or complete the development plan
defined in the conversion order shall be jointly and severally penalized. The following fines
based on the zonal value or the fair market value, whichever is higher of the land at the time
the fine shall be imposed:

a. Failure to commence within three (3) years years from the date of the conversion
order:
1) Three percent (3%) for the first three hectares:
2) Ten percent (10 %) for the next three hectares; and
3) Fifteen percent (15 %) for the remaining area

In such case, the order of conversion shall be revoked by operation of law. The land
shall revert to its original use as agricultural land and may be covered by the DAR

38


through compulsory acquisition for distribution to qualified beneficiaries.

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

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

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

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

SECTION 82. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. Any person initiating,
causing, inducing, or abetting the reclassification to non-agricultural uses of protected
agricultural areas as defined in Section 13 hereof shall be penalized with imprisonment of
twelve (12) years or a fine of not less than One Hundred Thousand Pesos (P100,000.00), or
both at the discretion of the court.

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

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

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

SECTION 83. Payment of Disturbance Compensation. Following the order of priority
stated in Section 22 of R.A. 6657, as amended by R.A. 9700, agricultural lessees and share
tenants, regular farm workers, seasonal farm workers, other farm workers, actual tillers or
occupants of public lands, collective, or cooperative of the above beneficiaries, and others
directly working on the land affected by agricultural land use conversion, shall be entitled to
the payment of disturbance compensation equivalent to five (5) times the average of the
gross harvests on the landholding during the preceding five (5) calendar years or a certain
percentage of the converted land, whichever is higher, as determined by the DAR

SECTION 84. Authority to Impose Fine. The DAR shall have the authority to impose the
penalty provided under the preceding sections.

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

39


SECTION 86. Utilization of Fines. The fines collected under Section 84 hereof shall
automatically accrue to the Agrarian Reform Fund consistent with the provision of the
Comprehensive Agrarian Reform Law.

SECTION 87. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning
Ordinances (20s). Consistent with due process, the NLUPC, in coordination with the DILG,
shall evaluate, review, and recommend the filing of charges against local chief executives
and other local officials and employees responsible for the formulation, implementation
and/or enforcement of the CLUPs in the following cases:

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

b. Failure to complete the preparation of the CLUP despite the availability of funds,

resources, and support by the Sanggunian concemed

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

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

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

a. Three (3) to six (6) months, in case of non-completion of the CLUP; or

b. Three (3) to six (6) months, in case of non-conformity with the NPFP;

c. Six (6) to nine (9) months, in case of non-implementation of the CLUP:
Failure to comply with the provisions of IPRA on the formulation of CLUP shall be penalized
according to Section 72 of the IPRA.

SECTION 88, Illegal Conversion of City or Municipal Parks, Communal Forests, and
Tree Parks in Subdivisions. Penalties in the amount of One Hundred Thousand Pesos
(P 100,000.00) to Five Hundred Thousand Pesos (P500,000.00), or imprisonthent of six (6)
years and one (1) day to twelve (12) years, or both, at the discretion of the court shall be
imposed for each of the following offenses:
a. legally converting or causing the conversion of a city/municipal park, communal
forest, or tree parks within subdivisions established pursuant to Presidential Decree
No, 953, requiring the planting of trees in certain places, into other uses including the
construction of permanent buildings:
b. Destroying or causing damage to the timber lands and other forest products found in
the above mentioned forest and parks:
¢. Setting the above mentioned forest and parks on fire, or negligently permitting a fire
tobe set therein; and
d. Assisting, aiding or abetting another person to commit the offenses stated in this
Section.

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

The maximum penalty prescribed shall be imposed upon the offender who repeats
the same offense, and double the maximum penalty upon the offender who commits the
‘same offense for the third time or more.

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

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

40


CHAPTER XI. TRANSITORY AND FINAL PROVISIONS

SECTION 89. Mandatory Review Every Ten Years. The Congress shall undertake a
mandatory review of this Act at least once every ten (10) years from its effectivity or as often
as it may be deemed necessary to ensure that land use policies and guidelines remain
responsive to changing circumstances.

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

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

SECTION 91. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the NLUPC shall promulgate its implementing rules and regulations
(IRR) including the rules on the selection of the members of the C/MLUPMB and the
PLUPMB. It shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of national circulation.

SECTION 92. Congressional Oversight Committee on the Land Use Act. A
Congressional Oversight Committee on the Land Use Act shall be created. It shall be
composed of seven (7) members from the Senate and seven (7) members from the House
of Representatives. The members from the Senate shall be appointed by the Senate
President based on proportional representation of the parties or coalitions therein, with at
least two (2) senators representing the minority. The members from the House of
Representatives shall be appointed by the Speaker of the House of Representatives, also
based on proportional representation of the parties or coalitions therein with at least two (2)
members representing the minority.

The Oversight Committee shall function for a period of not more than three (3)
years to oversee the implementation of this Act. The secretariat of the Oversight Committee
Shall be drawn from the existing secretariat personnel of the committees comprising the
oversight

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

SECTION 94. Appropriations. The amount needed for the initial implementation of this Act
shall be charged against the current year’s appropriations of the NEDA Board-National Land
Use Committee (NB-NLUC). Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the Annual General Appropriations Act.

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

SECTION 96. Access to Information. Access to records and documents pertaining to

official acts, transactions, or decisions as well as to data used as basis for policy
development by the NLUPC shall be made available to the public.

41


SECTION 97. Repealing Clause. Section 10 of the AFMA and Sections 447 (a2vii) and 458
(a2vili) of the Local Government Code and their related laws and administrative issuances
are hereby modified by Section 13 hereof. The pertinent provisions of Executive Order No.
648, Executive Order No. 72, Series of 1993, and Executive Order No. 770, Series of 2008,
amending Letter of Instruction (LO!) 1350, are also modified accordingly. Section 11 of the
AFMA as to the penalty for agricultural inactivity and premature conversion is also modified
by Section 83 hereof. Letter of Instruction No. 1350, series of 1983, Presidential
Proclamation 2282, series of 1983, and all other general and special laws, acts,
decrees, executive orders, proclamations and administrative regulation, or any part thereof
which are inconsistent with this Act are hereby repealed or modified accordingly.

All Republic Acts, Executive Orders, rules and regulations, and other issuances, or
parts thereof, that are inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

SECTION 98. Non-impairment Clause. Nothing in this Act shall be construed as to
diminish or, impair rights recognized, granted, or available to marginalized or the basic
sectors under existing laws including but not limited to Republic Act Nos. 7279, 6657 as
amended by R.A. 9700, 8371, 8550 and 7942.

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

SECTION 100. Effectivity Clause. This Act shall take effect fifteen (15) days after its

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

Approved,

42