Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Constitution Hills
Quezon City

EIGHTEENTH CONGRESS
First Reguiar Session

House Bill No Bese

Introduced by : Rep. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

The optimum use of Land, Water, anc Air as valuable and vital resources

key to genuine national progress. Presently, we have a plethora of statutes that

govern Land. Water, and Air uses in various cimensions

Uch as housing anc urban

development, agrarian reform, agriculture and fisheries, and so on. Despite the

exislence of such laws. it is stil imperative t

craft a National Land. Water 830 Mie
Use Policy to

stablish and promote order in the ratonal, holist: and tait ai:

utilization, management, and development of our Lana, Water. and A-r resourses
under the principles of social justice and sustainable development

In particular. this bill aims to create a policy that will advance the sustainable

and just management ans utilization of natural resources, the m:

nleasnce and
preservation of environmental integrity and stability. the protecticn of prime

agricultural lands for food production activities, the prote

n of the right of past

sectors to equitable access to the country's land, among others

This measure provides four major functional uses of Land Water. anc Ai:

resourct

to guide the determination of phy

al framewurk pl

Specificat

categories are Protection Land Use, Production | and Jee, Settlements

Development, and Infrastructure Development

The creation of the Land Use Policy Administration (LUPA) is also propusec



The LUPA shall be the highest policy-making body on land use and final arbitrator on
land use conflicts between or among agencies, branches, or levels of the
government. Moreover. it shall integrate efforts, monitor developments relating to
land use and the evolution of palicies. and reguiale and direct land use planning

processes.

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

ne



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by: Rep. Josephine Y. Ramirez Sato

AN ACT INSTITUTING THE NATIONAL LAND, WATER, AND AIR USE POLICY OF
THE REPUBLIC OF THE PHILIPPINES, PROVIDING THE iMPLEMENTING
MECHANISMS THEREFOR, AND FOR OTHER PURPOSES

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

ARTICLE |
INTRODUCTORY PROVISIONS

Section 1. Title. - This act shail be known as the Nationa! Land, Water, and Avr
Use Act of the Philippines.

Section 2. Declaration of Policy. - itis the policy of the State to provide [or a
rational, holistic, and fair allocation, utilization, management, and development of the
country’s Land, Water. and Air resources to ensure their optimum use consistent
with the principle of social justice and sustainable development,

Toward this end, the State shall adopt a land use and allocation pattern that
promotes and ensures:

(a) Sustainabie and just management and utilization of natural resources

(b) Maintenance and preservation of environmental integrity and stability

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

(d) Protection of prime agricultural lands for food production activities anc highest
priority to the completion of the Comprehensive Agrarian Reform Prograin
(CARP),

{e) Sustainable development and management of water resources towards water
security


(f) Rational population distribution and settlements develapment,

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

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

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

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

(k) Respect for and protection of the sustainable traditional resource right of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their
ancestral domains to ensure their economic, social, and cultural well-being as
well as recognition of the applicability of customary laws and sustainable
traditional resource use and management, knowledge, and practices in
ancestral domains;

(i) Protection of the right of basic sectors to equitable access to the country's
land and other resources through State regulation of land valuation to prevent
uncontrolled land speculation resulting in tremendous increase in land pricing:

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

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

(0) An integrated approach to the utilization, allocation, development and
management of water as a limited resource to complement and support
sustainable land utilization, and

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

it is also the policy of the State to institutionalize land use and physical

planning as a mechanism for identifying, determining, and evaluating alternative ‘anc
use oatterns. This shall be supported by a national land use allocation system and
land use and resource information and management system. The local governnent
units (LGUs) shall share with the national government the responsibility of managing
and maintaining ecologica! balance within their territorial jurisdiction as stated in the
Constitution and the 1991 Local Government Code otherwise known Reoublic Ay
No. 7160

Guided by the principie that the use of land bears a social functions and that ait
economic agents shall contribute to the common good, landowners shall be hei
responsible for developing and conserving their lands thereby making their lands
productive and supportive of environmental stability


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

ARTICLE It
DEFINITIONS

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

(a) Agricultural land refers to lands devoted to or suitable for the cultivation of the
soil; planting of crops; growing of fruit trees; raising of livestock; poultry, fish or
aqua-culture production; including the harvesting of such farm products; and
other farm activities and practices performed in conjunction with such farming
operations done by persons whether natural or juridical and not classified by
law as mineral land, forest land, residential land, commercial land, or
industrial land; :

() 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 with an approved
order of conversion issued exclusively by the Department of Agrarian Reform
(DAR);

Air Right refer to the right to physically develop and subsequently benefit or
profit from the continued use of the air space above the road right-of-way
(RROW) or other rights-of-way (ROWS) or mandated legal easements (MLEs)
or private/ public property outside or along such rights-of-way or MLEs,
subject to the securing of permits, and the payment of fees or lease to the
appropriate party for availing of such rights. The upper limit of the Air Rights is
the airways navigational path such as the clearance limits of aerodrome and
flight patterns.

(c) Alienable and disposable lands of the public domain reters to lands oi the
public domain which have been delineates, classified, and certified as sucn
and available for disposition under Commonwealth Act No.144, otherwise
known as the “Public Land Act.” as amended.

(d) Ancestral domains refer to all areas generaily belonging lo ICCs/IPs as
defined in Republic Act No. 8371, otherwise known as the “Indigenats
Peopies Rights Act (IPRA) of 1998”.

(e) Coastal Area / Zone refers to a band of dry land ang the adjacent ocear
space (waler and submerged iand) in which terrestrial processes and us
directly affect oceanic processes and uses, and vice versa. Its geographic



extent may include areas within a landmark limit of one (1) kilometer from the
shoreline at high tide to include mangrove swamps, brackish water ponds,
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. For purposes of initiating
and implementing sustainable coastal resources protection and management,
it shall include foreshore lands, which in turn shall include those found in lakes
and inland waterways; for shorelines with a sloping shelf, a distance of fifty
(50) meters from shoreline at high tide shall be designated as a No-build
Zone;

(f) Comprehensive Land Use Plan (CLUP) or its variants that also cover water
and air resources (CLWUP OR CLWAUP) refers to a document embodying
specific proposals for guiding and regulating growth and/or development. {t is
also a translation into spatial dimensions and allocation of the various sectoral
Land, Water, and Air requirements and includes a Land, Water, and Air Use
map, the factors indicating the socially desired mix of Land, Water, and Air
uses and a set of policies to guide future development. It identifies the
allocation, character, and extent of the areas of Land, Water, and Air
resources to ve used for different purposes and includes the processes and
the criteria employed in the determination of the Land, Water, and Air use. It
incorporates the protected areas including the protected agricultural !ands
provided for in Section 30 hereof; the CLUP and its variants must also define
Regional Provincial City/ Municipal Water Areas/ Resources/ Rights and Air
Resources/ Areas/ Rights;

(g) Comprehensive land use planning or its variants that factor in Water and Air
Resource Use Planning refers to the act of defining the allocation, utilization.
development, and management of all lands and water and air resources
within a given territory or jurisdiction according to the inherent qualities of the
land itself and in pursuit of sustainable economic, demographic. socio-cultural
and environmental objectives as an aid to decision-making and legislation;

(h) Criticat watershed refers to a watershed supporting existing and proposed
hydro-electric power and irrigation works needing immediate rehabilitation as
itis being subjected to fast denudation causing accelerated erosion and
destructive floods:

(i) Development plan refers to a document that defines the activilies or measures
that the national government or local government units (LGU's) intend to
implement in order to achieve a defined set of development goals. tt
integrates the socio-economic and sectoral plans of the national government
or its instrumentality or a particular LGU with spatial plans such as | and
Water, and Air use or physical framework plans. It may include an analysis ol
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.

5


(i) Disaster-prone or geo-hazard areas refer to areas frequently visited and/or
prone to experience weather/climatic, hydrologic, geologic, and other natural
calamities;

(k) Ecologically-fragile lands refers to lands within the critical watershed, brackish
and freshwater wetlands, pasture lands, and croplands which require
rehabilitation and whose continued unsustainable use would adversely affect
the productivity of lowland agricultural areas and the stability of the upland
system;

() Energy resource lands refer to tands/ water/ air where naturally occurring or
indigenous energy resources exist in sufficient quantity or quality as to be
economically viable for exploration, development, production, utilization, and
distribution purposes;

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

(n) Environmentally-critical areas refer to areas declared by law as: (a) areas for
natural parks, watershed reserves, wildlife preserves, and sanctuaries; (b)
areas set aside as aesthetic potential tourist spots; (c) areas which constitute
the habitat of any endangered or threatened species or indigenous Philippine
wildlife (flora and fauna); (4) areas of unique historic, archaeological, or
scientific interests; (¢) areas which are traditionally occupied by ICCs/IPs; (t)
areas with critical slopes; (g) areas frequently visited and/or hard hit by natural
calamities (geologic hazards. floods, typhoons and volcanic activities):
prime agricultural lands; (i) recharge areas of aquifers; () water bodies; (k)
mangrove areas; (I) coral reefs; (m) mossy and virgin forests: (n} rivers and
river banks: (0) swamp forest and marshlands; and (p) foreshore lands. For
purposes of this Act, this term also refers to other terrestrial, aquatic and
marine areas that need special protection and conservation measures
because they are ecologically fragile or they are needed for food security and
food self-sufficiency as determined by concerned agencies and LGUs in
consultation with the concerned sectors

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

(p) Food security refers to the policy objective of meeting the food availability
accessibility, and affordability requirements of the present and future
generations of Filipinos in a sustainable manner. through local production 6
importation, only when there is shortage established based on a micro-level
situation, or both, based on the country's existing and potential resource
endowments and related production advantages, and consistent with the
overall national development objectives and policies:



(q) 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 resource endowments and
related production advantages:

(r) Forestiands refer to those lands of the public domain which have been
subjected to land evaluation and classification and have been legally
designated as such for production forest and protection/amenity forest. They
include the public forest, the permanent forest or forest reserves, and forest
reservations

(s) Foreshore land refers to a string of tand margining a body of water, the part
of a seashore or lakeshore between the low-water line usuaily at the seaward
margin of a low tide terrace and the upper limit of wave wash at high tide
usually marked by a beach scarp or berm;

{t) Geo-hazards refer to nature and man-induced geological processes that have
potential to cause destruction and pose a threat or risk to human life and
property:

(u) Indigenous Cultural Communities/Indigenous Peoples (!CCs/Ps) refer toa
group of people or homogenous societies identified under Republic Act No
8371, otherwise known as the "IPRA of 1998"

(v) Indigenous Energy Resources refer to energy resources, which originale or
occur naturally in the Philippines;

(w) Inland waters refer to waters, which are not coastal and marine waters not
subject to acquisitive prescription consistent with the provisions of Presidential
Decree No. 1067. otherwise known as the "Water Code of the Philippines".

(x) Integrated watershed management 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 othet
stakeholders benefiting from these areas and water-related infrastructure

(y) Irrigable land refers to lands capable of being irrigated by any method or
arable land under a specific project plan for which irrigation water is, can be
or is planned to be provided and for which facilities necessary for sustaine’!
irrigation are provided or are planned to be provided

(z) Irrigated lands refer to lands used for agricultural purposes, thal are supplied
with water from surface or subsurface sources, bolh natural anc man-made
by means of natural waterways, or by controlied artificial waterways such a
canais, culverts, pipes, etc. Land refers to resources, both man-made and
natural, found on the surface, below, and above the ground including inlane
waters and the air therein



(aa)

(pb)

(cc)

(ad)

(ee)

i)

(gg)

(ph)

a)

Land sub-classification refers to the act of determining and assigning
specific uses of classified jands of the public domain, such as forest or
timber lands, alienable or disposable agricultural lands, national parks. and
mineral lands in accordance with existing laws and this Act;

Land, Water, and Air Use refers to the manner of utilization of land,
including its allocation, development, and management,

Land, Water, and Air 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;

Land Use Policy Administration (LUPA) refers to the administrative, policy
making, regulatory, and quasi-judicial body created under this Act;

Local Waters Area (i.e. municipal city waters area) refer to waters,
encompassing inland, surface and sub-surface waters found in waterways
and water collection areas and the seas, that collectively fall under the
political jurisdiction of a Local Government Unit (LGU), and for which a
sustainable use and management plan must be drawn up to optimize its
benefits to the community.

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

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

Mineral lands refer to lands where mineral including energy resources are
found,

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

Netwark of Protected Areas for Agriculture ane Agro-industria!
Development (NPAAAD) refers to agricultural areas identified by the
Department of Agriculture through the Bureau of Soils ana Water
Management (BSWM) in coordination with the National Mapping and
Resource Information Authority (NAMRIA) in order to ensure the effic
Utilization of land for agriculture and agro-industrial development and
promote sustainable growth. The NPAAAD covers all irrigated areas: all

onl


(ick)

all)

irrigable lands already covered by irrigation projects with firm funding
commitments; all alluvial plains; land highly suitable for agriculture whether
irrigated or not; agro-industrial croplands or lands planted to industrial crops
that support the validity of existing agricultural infrastructure and agro-
based enterprises; highlands or areas located at an elevation of Five
hundred (500) meters or above and have the potential for growing semi-
temperate and high value crops; all agricultural lands that are ecologically
fragile the conversion of which will result in serious environmental
degradation; and all mangrove areas and fish sanctuaries;

National parks refer to land of the public domain classified as such in the
1987 Philippine Constitution which include all areas under the National
Integrated Protected Areas System (NIPAS) pursuant to Republic Act No:
7586, otherwise known as the "NIPAS Act of 1992";

No-Build Zone refers to a definitive area on the surface! below the surface
of land or water, or in the air for which any type of permanent development
must not be permitted but for which only limited types of temporary use
may be permitted upon securing a temporary use permit and upon payment
of the pertinent fees or lease, and for which the temporary use must be
strictly monitored by the permitting authorities and removed immediately by
the permitted user/s upon the expiry of the permitted temporary use
periog

(mm) Non-government organization (NGO) refers to a private, non-profit

(nn)

(00)

{pp)

voluntary organization that is committed to the task of political, socio
economic, physical, cultural and environmental development and
established primarily to provide service to marginalized sectors in these
areas;

People's organization (PO) refers to a private, non-profit, voluntary, ang
community-based organization established primarily to provide service to
its members and the community in general:

Physical framework plans refer to the regional or provincial indicative plans
prepared by the regional and provincial land use committees, respectively
pased on the CLUPs/ CLWUPs/ Cl.WAUPs of LGUs and 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. A physical framewor«
plan embodies both policies and strategies necessary to carry out
development goals and abjectives:

Premature or illegal conversion refers to any activity that modifies or alters
the physical characteristics of agricultural tands to rencer them suitable for
non-agricultural purposes without an approved order of conversion from the
DAR Secretary

1


(qq) Prime agricultural lands refer to lands that can be used for various or
specific agricultural activities and can provide optimum and sustainable
yield with a minimum of inputs and development costs:

(rr) 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;

(ss) Protected areas refer to portions of land 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, it shall include agricultural {ands identified and delineated under
Section 30 hereof,

(tt) Protection Land, Water, and Air Use refers to the use of Land, Water, and
Air resources primarily for rehabilitation, conservation, and protection
purposes and the promotion of the country's ecological and life-support
systems;

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

(vw) Public lands/ waters refer to lands/ waters which have not been subject to
private property rights or subject to sale or other modes of acquisition or
concession under the general laws, and are devoted to public use;

(ww) Reclassification of agricultural lands refers to the act of specifying how
agricultural lands shall be utilized for non-agricultural uses such as
residential, industrial, or commercial through the local planning and zoning
processes pursuant to Republic Act No. 7160 or the “Local Government
Code of 1991" and subject to the requirements and procedure for
conversion, It is equivalent to land sub-classification as defined in this Act
for classified lands of the public domain and aiso includes the reversion of
non-agricultural lands to agricultural use:

(xx) Resettlement sites refer to areas identified by the appropriate national
agency or by the local government unil, with respect to areas with:n 1s
jurisdiction, which shai! be used for the relocation of the underpri
and homeless, as defined under Republic Act No. 7272, otherws
as the “Urban Development and Housing Act (UDHA) of 1992",

knows

(yy) Settlements refer to communities or built-up environment areas where
people prefer to live in;

(zz) Settlements development refers to any improvement on existing
settlements or any proposed development of certain areas for settiement
purposes. It also involves the spatial distribution of population. identificatior
of the roles and functions of key urban centers, determination of

1


relationships among settlement areas, and the provision of basic services
and facilities of identified major settlement areas or growth centers;

(aaa) Shoreline refers to a strip of land covering at least one (1) kiiometer from
the point where sea water reaches during the highest high tide;

(bbb) Socialized housing refers to housing programs and projects undertaken by
the government or the private sector for the underprivileged and homeless
citizens which shall include sites and services development, long-term
financing, liberalized terms on interest payments, and such other benefits in
accordance with the UDHA;

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

(ddd) 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 environmentaily and
socio-culturally sound manner;

(eee) Sub-classification or reclassification of agricultural lands refers to the
process undertaken by the LGUs of allocating in their respective territorial
jurisdictions the declared agricultural lands to specific uses such as
residential, industrial or commercial purposes. It is only one of the bases for
application for land conversion by the owners thereof and shall constitute
the power of LGUs to reclassify lands under Section 20 of Republic Act No
7160 or the “Local Government Code of 1991” consistent with the
provisions of this Act;

(fff) 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;

(gag) 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 legislative and executive
issuances as tourist spots and tourist zones which can be developed inte
tourism estates or integrated resort, leisure, and recreation complexes, anc
other tourism related facilities:

(hhh) Tourism ecozone shali refer to tourism development areas which have
been granted Special Economic Zone status, through Philippine Economic
Zone Authority (PEZA) registration and issuance of the requires
Presidential Proclamation, with its metes and bounds delineated by sad
Proclamation, pursuant to Republic Act No.7816, otherwise known as the
“Philippine Economic Zone Authority (PEZA) Law’, as amended

2


(iii)

Aili)

Tourism estates refer to large tracts of land with well-defined boundaries in
any area identified in the Philippine tourism master plan and regional
tourism master plan, by proclamation of the President and/or by Acts of
Congress including local legislation. Such land shall be suitable for the
development of an integrated tourism and resort complex including but not
limited to accommodation facilities, food and beverage outlets, convention
and meeting areas, sports, recreational and leisure centers and commercial
outlets among others. It shall be provided with roads, water supply facilities,
power and utilities like potable water, drainage sewerage disposal, solid
waste disposal system and other necessary infrastructure. The estate shall
under be one unified and continuous management;

Tourist spot refers to a particular area, site, or spot, man-made or natural,
known for its unique touristivisitor-drawing attributes and activities. It may
be classified according to its social, cultural, natural, historical, scientific,
religious, and recreational significance;

(kkk) Tourist zone refers to a geographic area with well-defined boundaries

0)

proclaimed as such by the President of the Philippines and/or by Acts of
Congress. No development projects for any ourpose shall be initiated anc
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 Philippine Tourism Authority (PTA)
A tourist zone is established for the enhancement and/or the conservation
of cultural and historical heritage and for the appreciation and enjoyment of
the local population and its visitors.

Urban areas refer to all cities regardless of their population density and to

municipalities with population density of at least five hundred (500) persons
per square kilometer,

(mmm) 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:

(nnn) Urban forestry or green space refers to the establishment or setting-up of

are:

s for mini-forest or smail nature parks, lining roads and highways with
trees, shrubs, or ornamental plants, and ground landscaping of schools,
hospitals, and other government agencies in order to improve the
environment in urban areas;

(000) Water Rights refers to the right to physically develop and subseauent!y

benefit or profit fram the continued use of both natural and artificial wate:
resources, including those found on the surface of the iand, subject to the
securing of the requisite permits anc the payment of fees or lease to tie
appropriate party for availing of such rights. Also refers to a group of nights
intended to protect the use and enjoyment of water that travels an the
surface of the ground or in creeks, streams, rivers, and artificial, waterways
and that gathers on the surface of the earth or in lakes. ponds, and
impoundment or containment structures, or that collects undergrounc


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

{aqq) 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;

(rrr) 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
uroan water supply take-off point, or where the stream discharges into a
river, lake, or the sea,

(sss) Zoning refers to the division of a city/municipality into zones or districts
according to the present and potential uses of Land, Water, and Air
resources to maximize, regulate, and direct their use and development in
accordance with the CLUP/ CLWUP/ CLWAUP of the city/municipality.
subject to the limitations imposed by law and competent authority: and,

(ttt) Zoning ordinance (ZO) refers to a local law passed by the sangguniang
pambayan or panglunsod approving the development contral/zoning plan in
accordance with an approved or adopted CLUP/ CLWUP/ CLWAUP for the
cityimunicipality, and providing for the regulations and other conditions on
the uses of Land, Water, and Air resources, including the limitation on the
infrastructure that may be placed thereon within the territorial jurisdiction of
a city or municipality. It incorporates the protected areas under Section
13(a) and the protected agricultural lands under Section 30 hereof

ARTICLE Ul
PHYSICAL FRAMEWORK AND LAND USE PLANS

Section. 5. National Framework for Physical Planning, - The Land Use Policy
Administration (LUPA) created in Section 14 herein, in consultation with the
concerned sectors through the mandatory conduct of public hearings. shall formulate
the National Land Use Guidelines and Zoning Standards (NLUGZS). The NLUGZS
shall serve as a framework through which the planning and management of land
resources are guided at the national and sub-national levels. The formulation of
framework plans of regions and provinces and the land use plans of cities ano
municipalities shail proceed from the NLUGZS

Section 6. Nationa! Land Use Planning Process - Following a boltem-up
approach, the National Physical Framework Plan (NPFP) shall be prepared by tt
LUPA based on the consolidated and harmonized regional physical framework plans
and the land use plans of cities and municipalities prepared pursuant to the
NLUGZS. The NFPP shall provide the analytical parameters and guidelines,
including tand classification maps, for the planned allocation, use, and management
‘of the country's land and other physical resources



Section 7. City and Municipal Land Use Plans. - The city and municipal
development councils, in consultation with concemed sectors through mandatory
conduct of public hearings, shall prepare their respective Comprehensive Land Use
Plans (CLUPs) to determine the specific uses of land and other physical resources
therein including the delineation of actual boundaries on the ground within the
territorial jurisdiction of the city or municipality in accordance with existing laws and
the NLUGZS as issued by the LUPA. The CLUPs shail be translated into zoning
ordinances by the Sanggunian for implementation.

Section 8. Provincial Physical Framework Plans. - The Provincial
Development Council shall consolidate and harmonize the land use plans of
component cities and municipalities within the territorial jurisdiction of the province
into the Provincial Physica! Framework Plan (PPFP). The PPFP shall be subject to
mandatory public hearings and consultations led by the LUPA Administrator with the
concerned sectors prior to its adoption and submission to the regional !and use
committee

Section 9. Regional Physical Framework Plans. - The regional LUPA
Secretariat shall consolidate and harmonize the provincial physical framework plans
of provinces and independent cities within the territorial jurisdiction of the region into
the Regional Physical Framework Plan (RPFP), subject to consultation with the
concerned sectors through the mandatory conduct of public hearings prior to its
adaption and submission to the LUPA.

ARTICLE IV
FRAMEWORK FOR LAND USE PLANNING

Section 10. Priorities in Land, Water, and Air Use Allocation and Planning, in
projecting spatial allocation for different and uses, the LGUs shall first exclude areas
under protection land use of Section 13(A) hereof and national parks and Strategic
Agricultural Fisheries and Development Zones (SAFDZs) to ensure ecological
integrity and promote food security. Spatial allocation and planning shall then
proceed in accordance with Sections 12 and 13 hereof with priorities given to
integrated watershed management areas. socialized housing sites, fisherfolk
settlement in coastal areas, and waste disposal sites.

Section 11. Adoption of Multiple Uses of Land, Water. and Air resou
primary and alternative uses of a specific land resource shall be determned and
evaluated prior to any decision for the assignment of its use. Areas feasible for
sustainable land resource use may be considered muitiple-use zones wherein
settlements, tourism, agriculture, agro-forestry and extraction activities and other
income-generating oF livelihood activities may be allowed. Provided, That multiste
uses of land resources shall be in accordance with priorities in land use allocation
and planning and that no reclassification shall be allowed.

Section 12. Basic Land, Water, and Air Use Planning Considerations. 1
determining the various LAND, WATER, AND AIR uses as categorizes in the

Vs


preceding section, the various interreiatianships of the physical characteristics of the
Land, Water, and Air and other elements therein shall be considered, among others,
the following

Availability of natural resources including indigenous energy resources for eneray
security and self-sufficiency:

(a) Geology, geomorphology, geologic hazard, clirnate, soil and slope:
(0) Economic, environmental, social and related development activities;

(c) Existing government policies on LAND, WATER, AND AIR and natural
resources allocation, utilization, management and disposition:

(d) Technological changes/advancement

(e) Major hazards posed by extreme events such as super-typhoons,
earthquakes, and their resultant effects such as tsunamis, tidal waves, storm
surges, massive flooding, liquefaction, subsidence, damage to life and
property, economic dislocation etc.

Section 13. Categories of Land, Water, and Air Uses for Planning Purposes.
In determining and defining the NFPP, RPFPs, PPFPs, and CLUPs, land uses shall

be grouped into four major functional uses as follows, in accordance with Section 10
hereof:

(a) Protection Land, Water, and Air 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, and protect people and man-made
structures from the ill-effects of natural hazards. Areas under this category are
those under the coverage of Republic Act No. 11038 or the “Expanded
National Integrated Protected Areas System (ENIPAS) Act of 2018" and other
coastal and marine protected areas; those areas outside ENIPAS but
nonetheless require protection because of their outstanding physical anc
aesthetic features, anthropological significance and biological diversity, anc
those areas prone to natural hazards.

(b) Production Land. Water. and Aur Use - aims to determine the most efficent
sustainable, and equitable manner of utilizing, developing and managina tard
for productive purposes. Areas included in this category are agricultural lands:
coastal and marine zones, production forest, mineral lands. energy resource
ands, industrial, and tourism development areas where productive acloviti
could be undertaken to meet the country’s requirements for food security
economic growth and development:

(c) Settlements Development - aims to ensure for the present and future
generation the: (1) effective integration of activities within and among
settlements, allowing efficient movement of people and production of

1


commodities through the provision of appropriate land, infrastructure, and
facilities; and (2) access of the population to housing, education, health care,
recreation, transportation and communication, sanitation, and basic utilities
such as water, power, waste disposal, and other services

(d) Infrastructure Development - seeks to provide basic services and foster
economic and other forms of integration necessary for producing or obtaining
the material requirements of Filipinos, in an efficient, responsive, safe and
ecologically friendly built environment. It covers these sub-sectors:
transportation, communications. indigenous energy exploration and
development, water resources, and social infrastructure.

Provided, That the determination of functional uses of lands within ancestral domains
need not necessarily follow the land use categories provided for in this Act ana
separate land use categories for deineated ancestral domains may be formulated by
the concerned ICCs/IPs themselves in accordance with their particular needs and
traditional resource and management systems.

ARTICLE V
IMPLEMENTING STRUCTURE AND MECHANISM

Section 14. Creation of the Land Use Policy Administration (LUPA). The Land
Use Policy Administration (LUPA) is hereby created. It shall exercise the powers and
responsibilities of the National Land Use Committee (NLUC) and the powers and
functions vested by law to the Housing and Land Use Regulatory Board (HLURB)
pertaining to land use and shall function as a standing committee under the National
Economic and Development Authority (NEDA). The LUPA shall be the highest policy
making body on land use and final arbitrator on land use conflicts between or among
agencies, branches, or levels of the government. It shall integrate efforts. monitor
developments relating to land use and the evolution of policies, and regulate ang
direct land use planning processes.

Section 15. LUPA Executive Board. The LUPA shall have an Executive
Board, hereinatter referred to as the Board, whose main function is to direct the
implementation of the provisions of this Act. The Board shail be composed of fifteen
(15) members.

(a) The Director-General of the NEDA as Chairperson;
(b) The Secretary of the Department of Environment and Nalural Resour

(DENR) and the Secretary of the Department of Agriculture (DAi a:
Chairpersons:

(c) The Secretaries of the Department of Agrarian Reform (DARy, Department ot
Interior and Local Government (DILG); Department of Public Works and
Highways (DPWH), Department of Tourism (DOT); Department of Trade anc

v7


Industry (OTN); and Department of Transportation and Communications
(DOTC}:

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

(e) A representative each from four (4) basic sectors directly :nvolved in land use
namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall
be appointed by the President based on the nomination and recommendation
of the respective sectoral councils of the National Anti-Poverty Commission
(NAPC). Of the four (4) sectoral representatives, at least two (2) shall be
women

(8) The Administrator of the LUPA, as ex-officio member, who shall likewise act
as Secretary to the Board

A consultative body shail likewise be convened every two months composed
of representatives from the Leagues of Municipalities, Cities, and Provinces. other
government agencies not represented in the LUPA Board, and from non-government
sectors such as the private sector, non-government organizations, and people's
‘organizations, and the academic community

Section 16. Powers and Functions. - The LUPA shall have: the following
powers and functions:

(a) Advise the President and the NEDA Board on all matters concerning lanc use
and physical planning

(b) Integrate and harmonize all laws and policies relevant to iand use to come up
with a rational, cohesive, and comprehensive national land use framewors

{c) Formulate policies and promulgate, 'n consultation with all cancerned sectors
nationat standards and guidelines on tand use and zoning unger Section 5
hereof, and issue the corresponding rules and regulations to enforce
compliance therewith:

(d) Prepare a NPFP and harmonize and consolidate the RPFPs based on tana
use plans at the local levels that shall serve as guide in formulating
subsequent national development plan and pertinent sectora!
with the provisions of this Act:

(e) Hear and decide case, in areas without local zoning administrators and/or
local zoning board of appeals, involving

1) opposition to any land use or development project; and

2) petitions for recall ar revocation of any zoning or locational clearance
permit, both on the ground thal the same is violative of land use planning laws
andior zoning ordinances;

18


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

(g) Undertake the gathering of data, the conduct of studies pertaining to land use
planning including studies on the management of identified land uses and
such other studies not undertaken by other government agencies;

(h) Recommend to the President of the Philippines the adoption, passage, or
amendment of laws to ensure that sectoral programs, plans, projects, and
activities, including local government initiatives affecting land use are
consistent with national development objectives

(i) Coordinate with and assist other government agencies and LGUs in planning
developing, and implementing their land use classification programs, ari
provide, to the extent possible, technical assistance and guidance:

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

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

(I) Create its own secretariat services adopt its own organizational plan and
staffing pattern, and assist the LGUs in the formation of local land use
committees;

{m) Design and implement a long-term capability-building program for LGUs lo
enable them to undertake a participatory and effective land use planning

(n) Hear and resolve conflicts in land use planning, classification, and allocation
that may arise between or among agencies of the national government
andior between national and lacal. national and regional, andior regio
Jocai planning or development agencies, including the lncal governments

(0) Act as appellate body far decisions of provincial planning badies on local
and, Water, and Air Use Plans and zoning ordinances, as well as decisions
of local zoning board of appeals granting or denying applications for locational
clearances or zoning certificates:

(p) Adopt rules of procedures for the exercise of the regulatory and quasi-judic at
powers as well as for the orderly and expeditious conduct of meetings an
other business of the Council. and

19


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

Section 17. Offices, Units, and Staff Support. The LUPA Secretariat under the
general supervision of the Administrator shall be organized from existing offices and
personnel of the NEDA and the HLURB subject to civil service rules and regulations

Section 18. Powers and Functions of the Administrator. - The Administrator
shall have the following powers and functions:

(a) Act as the executive head of the LUPA and Secretary of the Board and
perform the powers and function incident to said positions;

(0) Be responsible for the implementation and overall execution of the policies
rules and regulations, and decisions adopted by the Board and as such, shall
issue the corresponding implementing administrative issuances and
promulgate opinions and interpretative circulars and rulings to ensure
expeditious and effective implementation thereof, and

(c) Perform such other powers and functions as may be inherent, incident, or
related to the foregoing.

Decisions of the Administrator may be appealed to the LUPA Board

Section19. Qualifications of the Administrator. The Administrator must have a
background or significant training preferably in the field of environmental andor
physical planning, land resources management, or development planning and
management for a period of at least five (5) years. The Administrator shali be
appointed by the President of the Philippines ang shall nave the rank of an
Undersecretary.

Section 20. The Deputy Administrator. The Administrator shall be assisted by
a Deputy Administrator who shall be appointed by the President of the Philippines
upon the Board's recommendation. The Deputy Administrator shali nave the same
qualifications as the Administrator and shail have the rank of an Assistant Secretary.

‘The Qeputy Administrator shall be the operational and administrative mana:
of the LUPA and shall assist the Administrator in rautine housekeeping functions.

Section 22. Local Development Councils and i and lise Cammiitecs Tt
formulation of the CLUPs/ CLWUPs/ CLWAUPs and PPFPs shall be te primary
responsibility of the Local Development Councils (LDCs). Local government units
without existing LDCs as mandated by the Local Government Code of 1991 shall
organize their respective LDCs within six (6) months from the effectivity of this Act.

Local and use committees refer to the provincial. city, or municipal LAND.
WATER, AND AIR use committees (PLUCs, CLUCs, or MLUCs) formed by the

20


LDCs. Existing and newly formed LDCs shall create within six (6) months from the
effectivity of this Act or from their creation as the case may be. a local land use
committee to assist them in performing such functions as are defined in this Act
Provided, That the membership therein must, among others, include representatives
from concerned NGOs and POs such as but not limited to peasants. fisherfolk, urban
poor, indigenous cultural communities, and women.

Other concerned sectors shall aiso be invited during committee deliberations
and public hearings. The CLUCs or MLUCs shail likewise soficit the positions/ views!
issues raised and articulated by concerned communities through their respective
barangay representatives who shall participate during the public hearings.

Until such time that the LUPA shall have created ‘ts regional offices. the
regional land use committees under the Regional Development Councils shall act as
the counterparts of the LUPA and shall perform such functions defined under this
Act

ARTICLE VI
ADOPTION, APPROVAL, AND REVIEW OF LAND USE PLANS

Section, 23. Component Cities and Municipalities. Component cities and
municipalities shall have the power and authority to adopt and approve their
respective CLUPs and ZOs through their respective sangqunians subject to the
power of review of their respective provinces only with respect to the consisten
the CLUPs/ CLWUPs/ CLWAUPs and ZOs with Section 6 hereof in the preparation
of the PPFP

Section 24. Provinces and Independent and Highly Urbanized Cities.
Provinces and independent and highly urbanized cities shall have the power and
authority to adopt and approve their respective CLUPs/ CLWUPs! Cl WAUPs, 70s
or PPFP as the case may be, through their respective sanggunian but sub,
power of review of the LUPA through its regional LUPA secretariat office as provided
in Section 21 herein and only with respect to the consistency of the CLUPs and ZOs
with Section 5 hereof.

ARTICLE Vil
RESPONSIBILITIES OF THE NATIONAL GOVERNMENT AGENCIES AND LGUs

Section 25. National Base Mapping Program. A vational mapping prograrn
shall be implemented, coordinated, and manitored through the creation of an Inter
agency Technical Committee (ITC) composed of the National Mapping and
Resource Information Authority (NAMRIA), as the lead agency, together with DAR
the Department of Energy. LUPA, the Bureau of Soils and Water Management
(BSWW). the Forest Management Bureau (FMB), the Land Management Bure:
(LMB), the Mines and Geosciences Bureau (MGB), the National Water Resou!



Board (NSWRB), the Philippine Institute of Volcanology and Seismology
{PHIVOLCS), the Protected Areas and Wildlife Bureau (PAWB), and other
concerned government agencies and bureaus. The ITC shall be constituted, and the
mapping program initiated, within thirty (30) days from the effectivity of this Act

For purposes of uniformity and standardization, the LGUs, to be assisted by
the appropriate agencies of the national government, shall likewise prepare their
respective territorial maps using scales, symbols, and other indicators to be

prescribed in accordance with this Act. The completed maps shall be integrated in
the NPFP pursuant to Section 9 hereof.

Section 26. 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 LUPA by the Department of National Defense (DNO).
MGB, NAMRIA, PHIVOLCS, the Philippine Atmospheric Geophysical and
Astronomical Services Administration (PAGASA), in coordination with the National
Disaster Risk Reduction and Management Council (NDRRMC), the Regional
Disaster Coordinating Councils, and other concerned government agencies. The
program shail 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.

Copies of geo-hazard maps shall likewise be submitted to the Disaster
Response Operations Monitoring and Information Center (OROMIC) of the
Department of Social Welfare and Development (DSWD)

For purposes of uniformity and standardization and in order to develop a safe-
built environment, the LGUs shail subsequently incorporate and integrate the
generated geo-hazard zoning maps in their respective CLUPs and ZOs. Said geo-
hazard maps shall serve as quide for all the LGUs in the preparation of their own
hazards-constrained development plans. The NPFP, pursuant to Section 5 hereof,
shall incorporate these geo-hazard maps.

All infrastructure activities including reai estate and subdivision projects anc
the development of tourist spots requiring an Environmental Compliance Certificate
(ECC) shall be required to submit an Engineering Geological and Geo-hazard
Assessment Report (EGGAR)

Section 27. Scope and Nature of Responsibilities of Other National
Government Agencies. All concerned national government agencies/bodies shall
periodically report to the LUPA on the various activities and accomplishments
relative to land use. Likewise, they shall provide their respective sectoral’
development plans and render technical and administrative support if called uoon by
the LUPA relative to the implementation of the provisions of this Act

Section 28. Submission of Annual Report on the Implementation of CLURS
and ZOs. The LDGs shall submit an annual report on the implementation of the 1
lanc use plans and zoning ordinances to the LUPA through the Sangguniang


Panialawigans or in the case of highly urbanized and independent cities through their
respective Sanggunians.

ARTICLE VI
SPECIAL AREAS OF CONCERN

Section 29. Priority Areas for Agricultural Development. Priority areas for
agricultural development are the CARP and CARPable areas.

Section 30. Conversion of Agricultural Lands. Agricultural lands are deemed
converted to non-agricultural uses upon approval by the DAR of the application for
conversion. Prime agricultural lands and specific types of lands to the extent
necessary for attaining food self-sufficiency in rice and corn and food security in
other basic commodities, as determined by the DA, subject to mandatory
consultation with the LGUs, the private sector, the NGOs, and POs, shall be
protected from conversion, which shali include but not limited to areas under the
NPAAAD: Provided, That all irrigated and irrigable lands, all lands developed or
possessing the potential for development of high value crops, and all agricultural
lands that are ecologically fragile and whose conversion will result in serious
environmental problems shall be given full protection from conversion, the areas
under which are subject to review every seven (7) years by the DA, with the
mandatory public consultations: Provided, further, That consistent with the State
policy on giving priority to the completion of the Comprehensive Agrarian Reform
Program (CARP), all lands subject to CARP including those lands covered under the
notice of compulsory acquisition/voluntary offer to sell, production or profit-sharing
‘or commercial farm deferment shall also be protected from conversion pending the
distribution and instailation of the farmer beneficiaries, but thereafter, Section 65 of
Republic Act No. 6657 or the “Comprehensive Agrarian Reform Law (CARL) shall
apply: Provided, finally, That pending the completion of mapping activities of the
specific areas under the NPAAAD and the SAFDZs under the Republic Act No.
8435, othewise known as the “Agriculture and Fisheries Modernization Act (AFMA)
of 1997’, the revision thereof pursuant to the foregoing, and their incorporation in the
NPFP, there shall be a moratorium of fifteen (15) years in all applications for
conversion of agricultural ands into non-agricultural uses commencing from the
effectivity of this Act. The application for conversion of these protected areas shall
not be given due course by the DAR

Section 31. Sub-classification or Re-classification of Agricutturai Lane
LGUs. Sub-classification of re-classification of agricultural lands to other
Section 20 of the Local Government Code of 1991 shall exclude the protected
agricultural lands as stated in the preceding section, Moreover, such sub-
classification/reciassification is not synonymous to conversion, The DA anc DAR
shall provide the LGUs with @ complete list and maps of protected agricultural lands
within their territorial jurisdictions.

Section 32. Reversion of Alienabie and Disposable Lands to Forestiands.
Upon the recommendation of the Secretary of the DENR, duly reviewed and


endorsed by the LUPA, and after due consultations with the concerned LGUs and
affected parties, Congress may authorize the reversion of alienable and disposable
lands of the public domain or portion thereof to forestlands.

Section 33. Critical Watershed Areas The DENR, in coordination with the DA
LGUs, and ather government agencies, including government-owned and-controied
corporations, and with mandatory public consultations, shall identify and delineate
critical watershed areas that need to be protected, rehabilitated, enhanced, and/or
withdrawn from uses that contribute to their further degradation

Section 34. Formulation and Implementation of Integrated Watershed
Management Plans. - With the assistance of the DENR and upon mandatory
consultations with the concerned sectors, the LGUs through their local land use
committees shall prepare their watershed management plans which shall be
integrated with their respective CLUPs. The formulation and integration of the plan
shall be guided, among others, by the principle that the management and
development of inland water resources shall be at the watershed level

In cases where the watershed areas transcend the boundaries of a particular
municipatity, an inter-LGU committee composed of representatives from local land
use committees of the LGUs where the watershed area is located shal! be formed
With the assistance of the DENR and upon mandatory consullations with the
concerned sectors, the inter-LGU committee shall formulate the watershed
management plan for the said watershed area

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

Section 35. Criteria on the Allocation and Utilization of Lands within the
Coastal Zones. The allocation and utilization of lands within the coastal zones shalt
be guided by the following

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

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

(c) Areas sub-classified as mangrove and sill suitabie for use as such. or due lo
environmental conditions need to be preserved as mangrove, but is devo'd of
mangrove stands shall not be converted to other uses. The DENR shall
ensure thal these lands shall be reforested within a given period of time

{d) Areas accessible to the sea and identified for fisherfolk settiement and
housing shail be allocates to traditional fisherfolk who are inhabitants of the
coastal communities and members of legitimate fisherfolk organizations
and/or holders of stewardship lease contracts or titles to ancestral domains or

24


any form of property right arrangements who participate in coastal resource
management initiatives, subject to the usual census procedures of the
HUDCC,

(e) Areas that are neither sub-classified as mangrove, fisherfolk settlement rior
fishpond may be devoted to recreational or tourism purposes: Provided, That
such undertaking will not result in environmental degradation and
displacement of small fishers:

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

(g) Areas which have been allocated for small infrastructure needed by fisher‘olk
shall be allowed; and

(h) Areas which form part of foreshore lands as defined in this Act including those
that are under lease agreements or arrangements shall undergo zoning and
evaluation to determine their boundaries and actual sizes and correspanding
uses

Section 36. Coastal Land Zone Sub-classification. All public iands in the
coastal zones shall be subclassified into any of the following: fishponds, mangroves,
protection from tidal surge, for preservation of bindiversity, habitats and sanctuarias
for endangered wildlife, fisherfolk settlement, or recreational/tourism areas. No sub-
classification of coastal zones to different uses shall be done without the following

(a) Conduct of a comprehensive resource and environmental assessment by the

DENR and respective LGUs and accredited NGOs and POs within their
jurisdiction; and

(b) Prior consultation with loca! Fisheries and Aquatic Resource Management
Councils (FARMCs} formed under Republic Act No. 8550 or the “Philippine
Fisheries Code of 1998"

Section 37. Zoning of Foreshore Areas. - Locai government units, ‘9
coordination with the DENR, shall conduct zoning of their respective foreshore areas
to assist government and community fishers identify priority areas for conservation
and development, and to enable them to sel targets for mangrove reforestation and
rehabilitation

Section 38. Criteria for the Utilization and Allocation of Land for Mining
Purposes. Consistent with Section 5 of this Act and the pravisians of Republic Act
No. 7942 or the “Philippine Mining Act of 1995" and to ensure that the objectives of
maintaining ecological balance and maximizing economic returns te mining
operations are realized, the allocation and utilization of lands for mining purposes
shail be guided by the fotlawing

(a) The principles of sustainable development and responsible mining

25


(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;

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

(d) Consistent with the Philippine Mining Act of 1995, areas closed to mining
operations shall be periodically reviewed through mineral exploration to be
undertaken by the DENR for the purpose of determining whether or not their
continued closure is consistent with the national interest and, if warranted
recommend their reclassification as mineral lands.

Section 39. Reversion of Mineral Lands. All mineral lands with exhausted
mineral resources, as determined by the MGB upon the recommendation of the
DENR, shail revert to its original land classification, that is, as forest land or
agricultural fand. In the case of forest lands, the DENR may classify such areas for
other purposes in consultation with concerned LGUs, the Department of Tourism,
and other national government agencies.

Section 40. Guidelines for the Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution
Purposes. To ensure that the objectives of maintaining ecological balance and
maximizing the power potential from indigenous energy resources in the most
economical and environmentally-acceptable means are realized, the allocation and
utilization of lands for said purposes shall be quided by the following, consistent with
existing regulations and laws on energy resources:

{a) Indigenous energy resource exploration and development for the purpose of 4
National Energy Resource Inventory and Database as well as Energy
Resource Block Map shall be allowed subject to the implementation of
complementary watershed and other land management plans:

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

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

26


Section 41. Reversion of Energy Resource Lands. All exhausted indigenous
energy resource lands not covered by proclamations shall automatically revert to the
category of forestlands or agricultural lands open to disposition, whichever is
appropriate. Exhausted energy resource lands shall refer to specific energy resource
sites whose energy reserves of the desired type/s are no longer in sufficient quantity
or quality to justify additional expenditure for their extraction and utilization.

ARTICLE VII
SETTLEMENTS DEVELOPMENT

Section 42. Town, City, and Settlements Development. The development of
town, city, and settlements through the zoning ordinances of cities and municipalities
shall be guided by urban zoning standards designed lo maximize existing urban
spaces.

Section 43. Settlements within Geo-hazard Areas, Settlements within geo-
hazard areas may be allowed provided that mitigating and/or protective measures
are adopted to address the potential danger or risk ta lives and property within such
settlements. In coordination with the concerned agencies of the government, the
LUPA shall provide assistance to concerned LGUs and settlers in instituting safety
and corrective measures to address the potential danger or risk.

Section 44. Designation of Waste Disposal Site. Each city or municipality
shall identify, designate and allocate an area within their territorial jurisdiction to
serve as waste disposal site within one (1) year fram the effectivity of this Act. The
LGUs, in coordination with the DENR or any other competent authority, shall identify
solid waste disposal sites in order to fast-track the conduct of environmenta! impact
assessment study and to facilitate processing of the environmental compliance
certificate. The site or area shall be identified in the city or municipality's CLUP ana
ZO. For this purpose, cities and municipalities shall establish their solid waste
management program. Likewise, as provided under Section 33 of the Local
Government Code, 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, tne DENR. in,
coordination with concerned agencies. shal! promulgate the necessary guidelines:
and standards for the formulation and establishment of solid waste management
programs by cities and municipalities, and shall submit the same to the LUPA for
review and approvat

Section 45. Designation and Zoning of Socialized Housing Zones. Each city
or municipality in urban, urbanizable and rural areas shall designate lands for
socialized housing and resettlement areas for the immeriiate and future needs of the
underprivileged and homeless in their territory. pursuant to existing iaws ana
regulations.

27


The designated sites for socialized housing shall be located in residentin:
zones, and shall be zoned as socialized housing zones that are integrated in the city
or municipality's zoning ordinance duly approved by the HLURB, pursuant to existing
laws and regulations

Fisherfolk settlements and housing in coastal municipalities shall be zoned
near the sea for easy access to their livelihood as provided under Section 35(a) of
this Act.

Section 46. 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 LUPA

ARTICLE Vill
INDUSTRIAL DEVELOPMENT AREAS

Section 47. Criteria for Designating Industrial Deveiopment Areas. ~ ihe
identification and establishment of industrial development areas shali conform to the
provisions of the PEZA Law. the CARL. the IPRA, the UDHA, and the AFMA. taking
into consideration the following

(a) identified network of areas for agricultural development and protected
agricultural areas pursuant to the AFMA

(0) National policies on the regional dispersal of industries and agri-based
industrial development;

(c) Identified growth areas and corridors in the National Development Plan
(d) NIPAS and non-NIPAS areas that require protection:
(e) National and Urban Development and Housing Framework
(f) Inentified Socialized Housing Zones,
(g) NFPP and other existing national programs and policies
The designated industrial development areas shail become an integral part of

the land use plan and zoning ordinance of the city or municipality where these areas
are located.

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ARTICLE IX
TOURISM DEVELOPMENT AREAS

Section 48. Criteria for Designating Tourism Development Areas. The
identification, selection, and development of tourism development areas and tourism
estates shall be done in consultation and coordination with the concerned LGUs,
national government agencies, the private sector. and the affected communities
Tourism development areas shall likewise include those covered by legislation and
executive issuances which designate specific sites as tourist spots. tourist zones,
and tourism ecozones, as well as those identified in the national and regional tourism
master plans.

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

Section 49. /dentification and Preservation of Cultural Heritage. The National
Commission for Culture and Arts (NCCA) and the National Historical Commission of
the Philippines (NHCP), in coordination with the DOT. other concerned agencies,
local government units, jocal communities, and the private sector, shall identify areas
and structures which shall be preserved as part of the national and cultural heritage

ARTICLE X
INFRASTRUCTURE DEVELOPMENT

Section 50. Allocation and Use of Land, Water, and Air for infrastructure
Development. - Land, whether public or private, shail be allocated and utilized for
priority infrastructure projects that are supportive of nalional or local development
objectives. The NEDA, in consultation with the concerned national government
agencies, LGUs, and the private sector shall identify and periodically review, update
and/or revise the list of priority infrastructure projects subject to Sections § and 29
hereof, and Section 47 of the AFMA. In determining and evaluating the list of priority
infrastructure projects, consideration shall be given to those that.

(a) Respond to immediate and vital requirements of the national economy with
priority on improving rural infrastructure and the development of the
agriculture and fisheries sectors:

(0) Upgrade existing facilities to international standards:

(c) Address the need for sustainable settiements development: and.

(d) Help mitigate the destructive effects of natural disaster-caus.ing phenomena ov

those that shall serve as alternatives to existing infrastructures found 9
natural hazard-prone areas:

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Provided, that the provision and implementation of infrastructure support shall
be made compatible with existing environmental conditions and the physical,
whether natural or man-made, and cultural character of the area. Mandatory public
consultations pursuant to existing laws and regulations shall be held prior to the
conduct of all infrastructure projects that will necessarily involve dislocation or
disolacement of people in the area: Provided, further, That the proponent of the
infrastructure project shall follow the rules on just and humane eviction or demalition
under Section 28 of the UDHA, notwithstanding the provisions of Repubiic Act No
8975, prohibiting lower courts from issuing temporary restraining orders. preliminary
injunctions, or preliminary mandatory injunctions, and proponent shall follow the
IPRA; Provided finally, that national government infrastructure projects shall allocate
budget for the adequate relocation of displaced communities

Section 51. infrastructure Projects within Geo-hazard Areas, Construction of
Priority infrastructure projects within hazard-prone areas shall be allowed:

Provided, thal mitigating and/or preventive measures are adopted to address
the potential adverse economic, socio-cultural, and environmental impacts that will
emanate from these infrastructure projects, subject to the findings and
recommendations of a feasibility study/environmental impact assessment in
accordance with Presidential Decree No. 1586 and Republic Act No. 4846

Existing projects that did not go through the process of an environmental
impact assessment and pose threats to the environment, integrity of historic
archeological, or scientifically significant areas; or are impinging on critical
ecosystems, may be 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 consultations and just and humane
eviction or demolition in accordance with the UDHA and its implementing guidesaes
shall also be observed prior to the termination, gradual pnase-out, or relocation of
projects that will necessarily involve dislocation ar displacement of peooie in the
area.

ARTICLE XI
TRAINING, EDUCATION, AND VALUE FORMATION

Section 52. Value Formation. In order to create a well-informed. responsible
and committed citizenry who values the protection, conservation, and development
of the country's limited land, and other physical resources. the State shal! mandate
the inclusion of sustainable LAND, WATER, AND AIR use education or any subject
related thereto in the curricula of primary, secondary, and tertiary education

Section 53. Information and Education Campaign. The LUPA shall undertake
a nationwide education information campaign on land use anc physica! planning to
be implemented by local ang national yovernment agencies. The DIL G and
concerned agencies shall formulate and implement a lana use management

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capability building program for national and loca! government officials. community
leaders, NGOs, POs, and the general public.

ARTICLE XIt
INCENTIVES, SANCTIONS AND PENALTIES.

Section 54. Formulation of a System of Incentives and Awards. The LUPA
shail come out with a system of incentives and awards to LGUs that regularly update
their CLUPs / CLWUPs/ CLWAUPs / ZOs within the prescribed period, as follows

(a) Provinces, Highly Urbanized Cities, and Independent Component Cities once
every eight (8) years; and
(b) Component cities and municipalities once every eight (8) years

Section 55. Priority in Giving Technical Assistance to LGUs. In providing
technical assistance and other forms of support related to land use management and
the implementation of development plans, national government agencies shall give
priority to cities and municipalities with approved CLUPs/ CLWUPs/ CLWAUPs and
ZOs.

Section 56. Fine for Non-Completion and Non-Commencement of
Development of Agricultural Lands with Approved Order of Conversion. A landowner
and his/her designated developer or duly authorized representative whe fails to
commence and/or complete the development of agricultural lands with approved
order of conversion shall be penalized, jointly or severally, with any of the following
fines based on the zonal value of the land al the lime the fine is imposed

(a) On failure to commence within one year from the date of conversion order:

(a.1) Six percent (6% ) of the zonal value of the subject land for the first three
(3) hectares;

(a.2) Fifteen percent (15%) of the zonal value of the subject and for the next
three hectares.

and

(a.3) Thirty percent (30%) of the zonal vaiue of the subject land for the
remaining area.

Provided, That the order of conversion shall be deerned revoked automatically
and the land shall revert to its original agricultural use and covered by the
DAR through compulsory acquisition for distribution to qualified oeneficianes

(2) On failure to complete fifty percent (50%) of the approved conversion olan
within a specified time frame: Fifty percent (50%) of the zonal value of the
subject land and the revocation of the conversion plan on the undeveloped
portion which shall automatically revert to its orginal use as agric:
The same shall be covered under the CARP and processed for !and
cistribution as soon as possible

al tanel

4


Section 57. Authority to Impose Fine. - The DAR shall impose the penalty
provided for under the preceding section.

Section 58. Withdrawal of Local Development Permits or Licenses. Upon
receipt of notice from the DAR, the concerned agencies and the city or municipality
shall withdraw or revoke any development permit and other licenses that may be
necessary to develop the agricultural land subject of conversion.

Section 59. Utilization of Fines. The fines collected under Sections 55, 60, 61
and 62 hereof shall automatically accrue to the Agrarian Reform Fund consistent
with the provisions of the CARL, as amended

Section 60. Failure to Formulate, Enforce. and/or implement the CLUPs and
ZOs. Consistent with due process, the LUPA, in coordination with the DILG, shall
investigate, review, and recommend the filing of charges against local chief
executives and other focal officials and employees responsible for the formulation,
enforcement, and/or implementation of the CLUPs in case of any of the following

(a) Failure of the CLUPs/ CLWUPs/ CLWAUPs/ ZOs to conform to the pi
national guidelines and standards as provided in Section 5 hereof and
thereafter, with NPFP as stated in Section 6 hereof;

ibe

(0) Failure to implement and enforce the CLUP/ CLWUPs/ CLWAUPs/ ZO due to
negligence of duty:

{c) Failure to provide appropriate budgetary allocation to effect its
implementation: and,

(d) Failure to complete the preparation of the CLUP/ CLWUP/ CLWAUP dese:
the availability of funds. resources. and suppart by the Sanggunian
concerned.

Any public official or employee. regardless of whether elected or appointed or
holding office or employment in a castial. temporary, holdover, permanent. or regular
capacity, found to be responsible for any of the foregoing acts, after due notice andi
hearing by the appropriate bady or agency, shall be punished with forfeiture of
salaries and allowances and suspension from:

(a} Six (6) to nine (8) months. in case of non-implementation of CLUP/ ChWUP!
CLWAUP;

(b) Three (3) to six (6) months, in case of noncompletion of the CLUP/ CLWiiPy
CLWAUP; or.

(c) Three (3) to six (6) months. in case of non-conformily with the nationa
guidelines pursuant to Sections 5, 10, and 2S hereof

Section 61. Person(s) Abetting llega! Conversion. Any person initiating.
causing, inducing, or abetting illegal conversion shall, upon conviction, be


imprisoned from seven (7) to twelve (12) years and a fine of not less than One
hundred thousand (100,000.00) pesos, or both at the discretion of the court:
Provided, That if the offender is a public official or employee whether elected or
appointed, the penalty shall, in addition thereto, include dismissal through permanent
separation from the service and forfeiture of all benefits and entitlements accruing to
the public position and perpetual disqualification to run or apply for any elective or
appointive public office: Provided, further, That if the offender is a juridical person,
the penalty of imprisonment shalt be imposed on the president, chief executive
officer, manager, the Chairperson and ail the members of the board, and other
responsible officers thereof, and the fine shall be equivalent to the zonal value of the
land or forty percent (40%) of the shareholders equity, as determined at the time of
judgment whichever is higher, plus forfeiture of tne land in favor of the State for sale
though public auction, the proceeds of which shall automatically accrue to the
Agrarian Reform Fund as provided for in Section 59 of this Act.

Section 62. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. Any person initiating
causing, inducing, or abetting the reclassification of protected agricultural areas as
defined in Section 29 hereof into non-agricuitural uses and exceeding the limits set
forth under Section 20 of the Local Government Code of 1991, shall be penalized
with imprisonment of twelve (12) years and a fine of not less than One hundred
thousand (100,000.00) pesos, or both at the discretion of the Court: Provided, That if
the offender is a public official or employee, the penalty shall, in addition thereto,
include dismissal through permanent separation from the service whether elected or
appointed and forfeiture of entitlements accruing to the public position, and perpetual
disqualification to run or apply for any elective or appointive public position

Provided, further, That if the offender is a juridical person, the penalty shall be
imposed on the president, chief executive officer, manager, the Chairperson ana alt
the members of the board, and other responsible officers thereof.

Section 63. Payment of Disturbance Compensation. Following the order of
priority such as agricultural lessees and share tenants, regular farm workers
seasonal farm workers, other farm workers, actual tillers or occupants of public
lands, collective, or cooperative of the above beneficiaries. and others directly
working on the land affected by agricultural land use conversion shal! be entitled to.
the payment of disturbance compensation equivalent to five (5) times the average of
the gross harvests on the landholding during the last five (5) preceding calenda
years or a certain percentage of the converted land. whichever is higher. as
determined by the DAR

ARTICLE XIIt
TRANSITORY AND FINAL PROVISIONS

Section 64. Convening of the LUPA. Within thirty (30) days from the
effectivity of this Act, the Director General of NEDA shail convene the LUPA The
Chief Executive Officer of the HLURB shall sit temporarily as Administrator and cx
officio member of the LUPA Fxecutive Board until such time thal 3 reguiar
Administrator has been appointed by the President


Section 65. /mplementing Rules and Regulations. Within sixty (60) days from
the effectivity of this Act, the LUPA shail promulgate the rules and regulations to
implement the provisions of this Act. Said rules and regulations shall be submitted to
the Congressional Oversight Committee for approval.

Section 66. Congressional Oversight Committee on the Land Use Act. There
is hereby created a Congressional Oversight Committee composed of seven (7)
members from the Committee on Environment and Natural Resources and the
Committee on Urban Planning, Housing, and Resettlement of the Senate and seven
(7) members from the Committee on Natural Resources and the Committee on
Housing and Urban Development of 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 also based on proportional representation of the parties or
coalitions therein with at least two (2) members representing the minority.

The oversight committee, which shall function for a period not more than three
(3) years, shail have the power to review the implementing rules issued by the LUPA
within thirly (30) days from the promulgation of the said rules and oversee the
implementation of this Act: Provided, That the secretariat of the Oversight Committee
shall be drawn from the existing secretariat personnel of the committees comprising
the oversight and the funding shall be taken from the appropriations of both the
Senate and the House of Representatives

Section 67. Effectivity of the Creation of the LUPA. Until such time that the
LUPA has been organized and fully operational, the NLUC and HLURB shall
continue exercising their powers and function pertaining to land use and their
personnel shail receive the same salary, emoluments and, privileges. Hiring
separation, replacement, and appointment of personne! shall be in accordance with
existing Civil Service rules and regulations.

Section 68. Transfer of Powers and Functions. Within six (6) months after the
approval of this Act, the powers and functions of the HLURB on land use as provided
for under Section 5a, 5b, 5c, 5d, 5e, 5f, and 5g of Executive Order No. 648, series of
1981, shall be transferred to the LUPA. The foregoing transfer shall include all
applicable funds and appropriations, records, equipment, properly and personne!

Section 69. Transfer of Rights, Assets, and Liabilitios. The LUPA shall. by
virtue of this Act, be subrogated to such rights and assume such liabilities of the
HLURB and such funds, records, property, assets, equipment and personne!
including unexpended appropriations and/or allocations of the HLURB for land use
activities and land use adjudicatory and related support functions: Provided. That
existing officers and employees of the HLURB assigned to land use planning and
land use adjudication matters shall continue to assume their posts in a holdover
capacity until their new appointments are :ssued

Section 70. Structure and Stafting Pattern. Except for the position of
Administrator and Deputy Administrator, there shal! be no hiring of new personnel fer

uM


the LUPA. Within ninety (90) days from the effectivity of this Act, the LUPA
Chairperson shall formulate and submit to the Congressional Oversight Committee
for its review and approval the LUPA’s proposed organizational structure and staffing
pattern. After such review and approval, the proposed organizational structure and
staffing pattern of the LUPA shall be submitted to the President for fina! approval
through the Department of Budget and Management (DBM) within ninety (90) days.

The authorized positions created therein shall be filled by regular appointment
by the President or the LUPA Chairperson , as the case may be: Provided, That in
the filling of positions created, the Chairperson shall ensure that the personnel of the
NEDA and HLURB affected by this Act shall comply with the qualifications standards
set by the Civil Service Commission (CSC) for the positions they shall be appointed
to: Provided, finally, That if such individuals possess the same qualifications,
seniority shall be given priority.

Section 71. Separation from the Service. No employee of the NEDA and
HLURB shall be separated and/or phased-out from the service as a result of the
imptementation of this Act: Provided, however, That those who are qualified to retire
shail be allowed to do so and be entitied to all benefits provided under any of the
existing retirement laws

Section 72. Appropriations. The appropriations for the National Land Use
Committee under the NEDA and the HLURB pertaining to land use activities, plans.
and programs and land use adjudicatory and related support functions under the
current General Appropriations Act shall be used to carry out the initial
operationalization of the LUPA. Thereafter, such sums as may be necessary for its

staggered implementation shail be included in the annual General Appropriations
Act.

Section 73. Review of Existing Land Use Plans. Provinces, cities, and
municipalities with existing land use plans shall review, revise, reconcile, and
harmonize the same with the guidelines and standards set forth under this Act within
one (1) year from the effectivity of this Act.

Section 74. Repealing Clause. Section 10 of the AFMA and Sections 447
(a2vii) and 458 (a2vii) of the Local Government Code and their related laws and
administrative issuances are hereby modified by Section 30 hereof. The pertinent
provisions of Executive Order No 72, series of 1993, are aiso modified accordingly
Section 11 of the AFMA as to the penalty for agricultural inactivity and premature
conversion is also modified by Section 60 hereof. Letter af Insteuction No. 1350
series of 1983, and all other general and special laws, acts. decrees. executive
orders. proclamations and administrative regulation, or any part thereof whicn are
inconsistent with this Act are hereby repealed or modified accordingly

Section 75. Non-impairment Clause. Nothing in this Act shalt be construed as
to diminish, impair, or repeat rights recognized, granted, or available to marginalized
or basic sectors under existing laws including but not limited to Republe Act
Nos.7279, 6657, 8371, and 8550

Section 76. Separability Clause. If for any reason or reasons, any part or


provision of this Act shall be declared or held to be unconstitutional or invalid othe:
parts or provisions hereof, which are not affected thereby shall continue to be in fui
force and effect.

Section 77. Effectivity Clause nis Act shail take effect fifteen (15) days after
ils publication in the Official Gazette ar in at ieast two (2) national newspapers of
general circulation.

Approved,

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