Republic of the Philippines
House of Representatives <
Quezon City i

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2878

INTRODUCED BY REPRESENTATIVE ARNOLFO “ARNIE" A. TEVES, JR.

AN ACT

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

EXPLANATORY NOTE

The Philippines has 30 million hectares of land and inkand waters being utilized by a
growing populace. These land resources are finite hence, there is a pressing need to
institutionalize a holistic, rational, and comprehensive tand use and physical planning
mechanism to efficiently manage and develop our land resources amidst the growing
population, climate change and concems on sustainable development.

While there are several existing laws that cover issues on land usc, land registration,
agrarian reform, ancestral domain, mining, agricultural modernization, urban development,
housing and settlements, taxation, and local goyernanee. they are sectoral in nature and have
conflicting provisions on the use of land.

Improper fand use planning and the sectoral approach to resource governance will
‘only result to unsustainable, uncoordinated, and unregulated use of land that often leads to
conflicts, abuses, and waste of resources, This will have adverse effect on our society and
environment.

This proposed measure spells out the parameters that will guide planning at the
national and local levels. It provides for guidelines in major areas, such as: agricultural lands.
forestlands and watersheds, coastal zones, mineral lands, energy resource lands, settlements
development arcas, industrial development areas, tourism development and heritage areas,

Planning processes at all levels shall include mandatory consultstion in a bottom-up.
top-down approach, Meanwhile, plans shall be subject to review and shall include clear
timelines for their approval and adoption.

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This measure also addresses the vital issues of agrarian reform, climate change, the
completion of @ national databuxe and geo-hazard mapping and disaster risk reduction and
management.

Initivtives on crafting of a national land use and management policy began more than
two decades ago. It is high time that this proposed measure be enacied into law.

in view of the foregoing, the approval of this bill is earnestly sought.

Q-

HON. ARNOLFO “ARNIE” A. TEVES, JR.
Representative
Grd District of Negros Oriental


Republic of the Philippines

House of Representatives
Quezon City

NINETEENTH CONGRESS
First Reqular Session

HOUSE BILL NO. 2878

INTRODUCED BY REPRESENTATIVE ARNOLFO “ARNIE” A. TEVES, JR.

AN ACT

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

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

CHAPTERT
INTRODUCTORY PROVISIONS:
SECTION 1, Title. — This Act shall be known and cited as the “National Land Use and
Management Act of the Philippines”.
SEC. 2. Declaration of Policies and Principles. — It is the policy of the State to:

fa) Provide for a rational, hnotistie and just allocation, utifization, manayement, amt

land and water resources so that their use is consistent with the

development of the country’s
principles of equity, social justice, environmental integrity and sustainable development for the
common good:

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

te) Treat groups of istunds, including parts of islands, interconnecting waters and other

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natural features which are so closely interrelated, as forming an intrinsic geographicel, economic
and political entity, or which historically have been regarded as such entity: and

(2) Strengthen the capacity of the local government wmits (LGUs) to manage and
imuntain ecological batance within their territorial jurisdiction, in partnership with the national
government in accordance with ihe Philippine Constitution and Republic Act No. 7160 or the Local
Government Code of 1991,

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

(1) Maintenance and preservation of environmental integrity andl stability;

(2) Sustainable and just management and utilization of natural resources:

(3) Disaster risk reduetion and climate risk-based planning:

(41 Proscetion ef prime agricultural lands for food security, with emphasis on
self-sufficiency through efficient and sustainable tse of land resources consistent with the
principles of sound agricultural development. natural resources development, and agrarian reform:

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

(6) Sustainable development and management of water resources:

17) — Settlements, transportation and other infrastructure development in support of
inchisive growth and rural, urban and regional development:

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

49) Respect for and prntection of the traditional resomnce right af the Indigenous Cultural

ee with frew and

‘Communities/Indigenous Peoples (JCUsPs} to their ancestral domains; compli
prior informed consent of ICCs/IPs, and recognition of customary laws and traditional resource use

and management, knowledge, and practices in ancestral domains;

(10) Fauitable uecess to Land throngh State intervention that guarantees its affordability to
the basic sectors:

(11) Energy security or enengy self-sulficieneys

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

113) Meaningful participation af the basie sectors


SEC. 3. Scope.
private, government-owned and/or in the possession of any person, whether natural or juridical, and
shall guide the rational, hol
‘country’s Land and woter resources including such activities that bear impact on said resoorces,

This Act shall apply to all lands and all resources therein, whether public,

ic and just allocation, utilization. development sind management of the

SEC. 4. Definition of Terms, ~

(a) Agrienlturut land refers 10 the subclass of classified aysicultural Janés devoted to or
suitable for the cultivation of the soil, planting of crops, growing of trees, raising of livestock,
poultry, fish or aquaculture production, including the harvesting of such farm products and other
firm activities and practices performed in conjunction with such fuming operations, by persdns
whether natural or juridical, and not classified as residenti! land. commercial land or industrial

Tan;

(by) Agricultural land use conversion zefers to the undertaking of any development
activity Which modifies oF alters the piysieal characteristics of agricultural lands to render them
suitable for nonagricultural purposes under an approved onder of conversion issued by the
appropriate government agency;

(0) Alfenable und dispasable lands of the public: domain refer to lands of the public
domain which have been delinzaicd, classified. and certified as such and available for disposition
under Commonwealth Act No, 141, otherwise known as the Public Land Act, as amended;

(8) Ancestral domamy refer to atl areas generally belonging 10 [CHIPS as defined int
Republic Act No. 8371. otherwise known as te Indigenous Peoples Rights Act (IPRA) of 1997:

te) Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) refers to

a plan formulated and pursued in accordance with the nghts of ICCs/IPs to manage and develop:

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

(Classified agricultural land refers to one of the four (4) classifications ef land under
the Constitution not classified by Jaw as mineral land, forestland of national park and the only land
classification subject to alienation:

(g) Coastal orca‘one refers to 4 band of dry land and the adjacent ocean space (water
and submerged land) in which terrestrial processes and uses directly affect oceanic processes and
uses, and vice versa, [ts geographic extent may include arcas within a kandward limit of one (1)
Kilometer from the shoreline at high lide 10 inclide mangrove swamps, brackish water ponds, nips
‘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-botiom areas;

the Iand as well as natural and human resources wil

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th) Comprehensive Land Use Plan (CLUP) refers to a document embodying a set of
policies, accompanied by maps and similar illustrations that serve as a policy guide for determi
the future use of lands and natural resources within tie territorial jurisdiction of the LGUs.
represents the community-desired pattem of population distribution and proposes future alfocation
of land and resources 10 various activities. It includes the processes and criteria employed in such
determinction of aflecation of land and resources. It is a plan for the long-term management of the
local territory covering a period of minimum of ten (10) years, reviewable not earlier than every

five (5) years based on the four (4) categories of land use planning provided in Section 6 of this
Act:

(i) Comprehensive fand use planning refers to the act of defining the allocatie
utilization, development, and management of all tands within a given territory or jurisdiction
according to the inherent characteristics of the land itself’ snd supportive of sustainable, economic,
demographic, sociocultural and environmental objectives as an aid to decision-making and
legistation;

4G) Critical waierched refers to watersheds or forestlands that have been identified and
evaluated to provide critical and vital natural, ecological. environmental and physical beneficial
services such as water, biodiversity, energy, irrigation, social and cultural, among others, 10 a
specific area or community and whose existing biophysical condition demands immediste
rehabilitation, protection and menagement to prevent its Jucther denudation. deterioration amd
exploitation:

tk) Ciera? heritage refers to the totality of cultural properties, whether natural or
human-made, preserved and developed through time, and passed on for posterity;

o Customary laws refer to a body of written and/or unwritten rules, usages, customs:
and practices traditionally and continually recognized, accepted, and observed by respective
ICCWIPs consistent with the IPRA;

(m) Danger zones refer to areas with high level of threst fo the lives and well-being of
people that cannot be addressed through scientific, physical and eagineering methods, and are
therefore not suitable for settlement and permanent structures. Areas can only be declared as danger
zones after conducting proper technical studics and public consultations with affected families:

(n) Development plan refers 10 4 document that defines the activities and measures that
the national government or LGUs intend to implement over a specified peried of time in ordor to
achieve the defined set of development goals identified in the national or local physical framework
plans. It integrates sociocconomic, financial, fiscal, legal and legislative, institutional and sectoral
plans of the nalional government or any of its instrumentality or a particular LGU, consistent with

the objectives identified in spatial plons such as land use plans ot physical framework plans. It may
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include an analysis of problems and resources, definition of goals and objectives, policy guidetines,
project and target achievements, and an implementation mechanism which defines the oles and
comtributions expected from the govemment and the private sector:

(0) Disaster-prowe areas or gev-hazard areas refer to areas frequented by and/or
vulnerable to experience weather, climatic, hydrologic, geologic, and other natural disturbances or
calamities;

{p) Disaster risk reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including reduced
exposury to hazards, lessened vulnerability of people and property, wise management of laad and
the environment, and improved preparedness for adverse events:

(a) —_-Ecologicalte-fragile lands veter to lands within eriticat watersheds, brackish and
freshwater wetlands, pasture lands, inland rivers and waterways, coastal und settlement areas, and
croplands which require rehabilitation, protection and whose continued unsustainable use would
result in physical risks and threats ¢o life and property. public health and safety, as well as adversely
affect the productivity of lowland auricultucal areas and stability of the upland system;

(© Ecotourism vefers 10 a form of sustainable tourism within a natural and/or cultural
heritage area whee community participation, protection and management of natural resources.
culture and indigenous knowledge and practices, environmental education and ethics, as well as
economic benefits are fostered and pursued for the carichment of host community and satisfaction

of visitors;

(s) Energy’ resources refer to surface oF subsurface substancos that serve as energy
sources, These are traditionally mineral fuel deposits such as coal, petroleum, natural eas or
renewable resources from geothermal, hydro reservoirs, or nonconventional sources including
‘ocean waves, solar, wind, biomass, and other similar resources which serve the same purpose:

(0 Enengv resource lads refer to lands wliere naturally occurring or indigenous energy
resources exist in sufficient quantity and/or quality as to be economically viable for exploration,
development, production, uilization. and distribution purposes:

(a) Envtronmentaity-critical areas refer to areas declared by law 2s
() areas for natural parks, watershed reserves, wildlife preserves, and sanctuaries: (i) areas set
aside for aesthetic and visual value; (iii) areas that constitute the habitat for uny endangered or
threatened species of indigenous Philippine wildlife, both flora and fauita; (iv) areas of unique
historic, archaeological. or scientific interests; (¥) arcas that are traditionally occupied by ICCWIPS;
(vi) areas with critical slopes: (vii) areas frequented and/or hard hit by natural calamities such as,
bout not limited to, geologic hazards, Hoods, typhoons and voleanic activities

of aquifers; (ix) mangrove areas; (x) coral reefs: (xi) mossy and virgin forests; (xii) rivers am!
7

ii) recharge areas


riverbanks: (xiii) swamp forest and marshlands, (xiv) foreshore Jands: (xv) protected areits pursuant
10 Republic Act No. 7586 or the NIPAS Act of 1992; and (xsi) areas set aside as aesthetic potential
tourist spots. This term shall also include other terrestrial, aguatie 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 concemed agencies and ILGUs
in consultation with the concerned stakeholders:

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

(8) Flood ploin refers to the portion of a river valley adjacent to a river channel which is
covered with water when the river overflows its banks at flood stages. and which usually consists of
silt deposited by the stream:

(0) Fload-prowe areas refer to low tying areas usually adjacent to large or active water
bodies and which therefore expericnee regular or seasonal inundation ay a result of changes in the
mean water level of these bodies or because of land reclamation and other artificial interference
with the natural processes:

ty) Food security: refers to the policy objective of mesting the food availability,
accessibility, and affordability requirements of the present and future generations ot F
sustainable manner, throuigh local production or importation in cases of shortage based on a micro
level situation. or both, and taking into account the country’s existing and potential resource

endowments snd relared production advantages, und consistent with the overall national
dev clopment objectives and policies:

Food self-sufficiency refers to the policy objective of meeting the food requirenients
through intensive local food production in a sustainable manner based on the country’s existing snd
potential resources and related production advantagos;

(aa) Foreshore land refers to @ string of land margining a body of water, the part of a
seashore between the low-water line usually at the seaward margin of a fow tide terrace and the
"upper limit of weave wash at high tide often marked by a beach searp or berm:

(bb) Forest refers t@ an ecosystem or an assemblage of ecosystems dominated by trees and
other woody vegetation; s community of plants and anitnals interacting with one another and ats

physical environment;

(co) Forestiand refer to one of the four (4) classifications of land under the Constitution under the
public domain classified andior determined as suitable for Lorest purposes not classitied as minerat
fond, national park and classified agricultural land, These include all permanent forest, forest
reserves. forest reservations, and all the reniaining unclassified lands af the publie domain;


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

(ce) Forestland sucbctossificution refers 10 the process of determining the most appropriate
and sustainable use of forestlands primarily as protection forest and production forest. They may be
further subclassified as grazing’pasture land, recreational areas and other uses, taking into account
ecological, social and economic considerations;

(88) Free, Prior and Informed Consemt (FPIC) means the consensus of all members of the
ICC¥IPs to be determined in accordance with their respective customary laws and practices, free
fiom any extemal manipulation, interference and coercion, and obtained after fully disclosing the
intent an scope of the activity, in a language and process understandable to the community:

(gg) Geo-hezards refer to nature and human-induced geological processes thst have potential
to cause destruction and which pose a threat or risk to a person’s life and property. These may
include, but are not limited to, ground, water and weather-related conditions, volcanic and
earthquake induced hazards such as ground shaking, ground rupture, earthquake-induced landslides,
liquefaction and esunamis

(hh) Indigenous Cultural Coamunities!Indigenous Peoples (ICC8IPs) refer to groups of
people or homogenous socicties identified by selascription and ascription by others, who have
continuously lived as organized community on communally bounded and defined territory, and who
have, under claims of ownership since time immemorial, occupied, possessed end utilized such
territories, sharing common bonds of language, customs, treditions and other
traits, or who have, through resistance to political, social and cultural inroads of colonization,
nonindigenous religions and cultures, became historically differentiated from the majority of
Filipinos. [CCs/IPs shall likewise include peoples who are regarded as indigenous on account of
their descent ftom the populations which inhabited the country, at the time of conquest or
colonization, o¢ ai the time of incoads of nonindigenous religions and cultures, or the establishment
of present State boundaries, who retain some of all of their own social, economic, cultural and
political institutions, but who may have been displaced from their traditional domains or who may

tive cultural

have resettled outside their ancestral domains;

(ii) Inland waters refer to watcrs, which are not coastal and marine waters, and not
subject to acquisitive prescription consistent with the provisions of Presidential Decree No. 1067 or
the Water Code of the Philippines:

(j) Integrated watershed management refers to a planning strategy or program for watershed

areas that complement environmentally-sound soil and water management practices with
9


mechanisms for ensuring greater responsibility. involvement, or participation of individuals,
groups, communities and other stakeholders benefiting from these areas and waterrelated
infrastructure:

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

(1) Land refers to resources, both artificial and natural, found on the surface, below, and
above the ground including inland waters and the air
therein;

(mm) Land subetussification refers to the act of determining and assigning specific uses of
classified lands such as foresilands, classified aricultural lands, mineral lands and national parks in
accordance with existing laws and this Act;

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

(00) Lond use classification reters to the act of delineating or allocating lands according 19
protection land use, production land use. settlements development and infrastructure development
as defined and provided for in this Act;

(pn) Manedotory public hearings/consuftations refer to the mechanism to ensure the
involvement of concerned stakeholders and communities in land use planning, from the barangay to
the national level, fo ensure the social acceptability of the plans. It should involve giving notice of
hearing‘consultation to concemed stakeliolders through publication or posting in conspicuous
places, conduct of'a reasonable aumber of hearings, solicitation of positions to arrive at a
‘consensis. Public presentation and validation of the planning results shall also be undertaken before
the final adoption of the plans:

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

(ir) Mineral exploration refers to the systematic searching or prospecting for mineral
resources including energy resources:

(ss) Mineral lands refer to lands of the public domain, exchiding those in permanent

forestlands end protection lands, where mineral resources are found in suificient quantity ard
10


‘quality for extraction, development and utilization:

(it) Multiple use of land resources vefers t0 the utilization or management sirategy for any
land which allows any activity involving one or more of its resources, depending on the result of
prior evaluation on jis numerous beneficial use, that will produce the optimum benefits to the
development and progress of the country and the public welfare without impainnent or with the
least injury to its other resources;

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

(vv) National dmegrated Provected Areas System (NIPAS) refers to the classificetion and
administration of all designated protected areas to maintain essential ceologieal processes and
life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible;

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

(xx) National purk refers t forest reservation essentially of natural wildemess character
which has bea wathdrawn from settlement, occupancy or any form of exploitation excepe in
conformity with approved management plan and set aside as such exclusively to couserve the area
or preserve the scenery. natural and historie objects, wild animals and plants therein and to provide
enjoyment of these features in such areas. It shall also refer to lands and waters of the public
domain classified as such in the 1987 Constitution which include all areas under the NIPAS
pursuant to the NIPAS Act of 1992, primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity;

tyy) Network of Protected Areas for Agriculture and Agro-industriat Development (NPAAAD)
refers 10 agricultural areas identified by the Department of Agriculture (DA) through the Bureau of

i


‘Svils and Water Management (BSWM), in coordination with the National Mapping and Resource:
tion of and for agriculiure

Information Authorily (NAMRIA}, in order to ensure the effi
and ogro-industrial development and promote sustainable yrowth. ‘The NPAAAD covers all
irrigated areas; all irrigable lands already covered by itrigution projects: all alluvial plains; lands
highly suitable for agriculture whether irrigated or not: agro-industnal croplands or lands planted 10
ing agricultural infrastructure and ageo-based

jent uti

industrial crops that support the validity of
enterprises; highlands or areas located at an elevation of five hundred (S00) meters or above anu

have the potential for growing semi-temperste and high value crops: all agricultural lands that are
ecologically fragile, the conversion of which will result in serious environmental degradation, and
all mangrove ayeas and fish sanctuaries;

{72} Permanent forests or forest reserves refer to Lands of the private or public domain which
have becn identifice and determined to be needed for protection, conservation, preservation and
management as forests and shall be teserved. conserved and protected inte perpetuity for such
prrpose:

taaa) Permanent forestlands refer to forestlands, within public lands, hit have been
idemiiticd. determined und demarcated on the ground by the State 1 serve such purpose and shall be
protected, conserved, preserved, maintained and managed ax forestlands tree from any form of

utilization, exploitation or development, and reserved permanestty as such for the benefit and use

of future generations:

(bbb) Physical fromesark plans reter 10 the national, regional or provineial indicative plans
that outline the overall and macro-level physicel development objectives, priorities, directions and
Stratepics in its respective levels as prepared, reviewed, integrated and finalized by the mational,
regional and provincial land use councils boards, respectively, based on the CLUPs of the LGUs
und the national policy guidelines relating to land use and environmental management to prevent or
mitigate the adverse effects of inappropriate resource untization on food security, dhe people's
wollare, and their environment;

{ccc) Premature oc iMegu! conversion refers to any activity that modifies or alters the
physical characteristics of agricultural lands to tender them suitable for nonagricultural purposes
without en approved order of conversion from the Departmen of Agrarian Reform (DAR)
Seoretary:

(ddd) Prime agricultural lands refer to all contiguous irrigated areas and irrigable lands
ly satitible tor
the country’s teeds for food

Keune,

already covered by irrigation projects; all alluvial plain tanals
whether iniguied or not, that have been identified to satisty
self-sufficiency and security: agro-industrial croplands or lands presentiy planted and suitable 10
industrial and high valve crops; highlands, or areas located at elevation of five hundred

12


(300) meters or above and have the potential for growing semi-temperature and high value crops
outside of declared permanem forestlands and protection foresis. and not located in
ccologically-tragile and environmentally-critical areas:

{cce) Prnduction forest refers to forestland located in production lands managed primarily for
the production of timber and other tree products:

{iM Production tant se refers to the direct and indirect utilization of land to generaue
ourputs resulting from the following activities: agricultural, fish farming or aquaculture, timber or

ayro-forestry, grazing and pasture, mi jgchous cnergy resource development, industry, and
tourism:

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

{hhh) Protection forests refer to forests and forestlands, in both public and private lands, that
have been identified and detenmined by the Stare for the beneficial use of present and future

neal as such free from any form

inctations and shell by preserved. conserved, protweted and mai

of utilization, exploitation or development:

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

Gili) Public demain refers 1 lands belonging to the State which may be classified as
agricultural, forest or timber, mineral. or national park as provided for in the Constitution;

(kkk) Reclassificatine of agricultural lands refer vo the act of specitying how agricultural
lands shal] be utilized for nonagricultural wses such as for residential, industrial, or commercial
purposes, through the local planning and zoning processes, pursuant te the Local Government Code
‘of 1991, and subject 0 the requirements and procedures for conversion;

(IN) Resertlement sites refer Ww areas identified by the appropriate national agency or by the
LGU, with cespect to areas within its jurisdiction, which shall be used for the relocation of the
underprivileged and homeless. as detined under Republic Act No, 7279 or the Urban Development
and Housing Act (UDELA}:

(mmm) Restoration refers 1 returning forestland to its original forested state in terms of
species” composition, structure, flinction and prosiuctivity,

(nnn) Resiovation zones refer to forest areas where activities are conducted to restore its
forested state:

{eco} River basin refers to the horizontal projection of area from which a river and is

13


|
|

tributaries receive surface water origin:

ing fiom precipitation;

(ppp) Settlements refer to communities or built-up enviroament areas where peaple prefer to
live in;

(gag) Settlemenns development refers to any improvement on existing settlements or any
proposed development of cestain areas for settlement purposes. It also involves the spatial
distribution of poputation. identification of the roles and functions ef key urban centers,
determination of relationships among settlement areas, and the provision of basic services and
facilities of Wentified major settlement areas or growth centers:

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

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

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

(uuu) Socialized housing sites refer to Jands identified and designated by LGUs as sites for
socialized housing pursiant to Article IV of the UDEIA and its implememting guidelines;

(vvy) Srrategte Agriculture ond Fisheries Development Zones (SAF DZs) reter to areas within
the NPAAAD ieatified for production, agro-processing and marketing activities to help develop
and modernize, with the suppor af goverment, the agriculture and fisheries sectors in an
environmentally and socioculturally sound manner:

(www) Suhclassification or reclassification of agriculmral lands refers to the process
undertaken by the LGUs of allocating declared agricultural lands in their respective territorial
jurisdictions to specific uses such as residential, industrial or commercial purposes and may be used
as a basis for application for tand conversion by the owners thereof,

(xxx) Sustainable development vefers 10 the development objective of mecting the needs of
the present generation without compromising the ability of future generations to mect their own

rnceds consistent with the principles of socisl equity, efficiency, and environmental integrity:
14


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

(zz2) Touriam development areas reler to specific sites for tourism development located in
areas identified as prioritics in the national and regional tourism master plans as well es those
designated through legislative end exceutive issuances as tourist spots and tourist zones which ean
be developed into tourism estates or integrated resort, Ieisure, recreation complexes, and other
toursm-retated facilities;

{aaaa) Tourism ecorone refers to lourism development areas, outside protection lands, which
have heen granted Special Economic Zone stamus, through the Philippine Export Zone Authority
{PEZA) registration and issuance of the required Presidential Proclamation. with its metes and
bounds delineated by said Proclamation, pursuant to Republic Act No. 7916 or the Special
Economie Zone Act of 1995 {SEZA), as amended

{bbdb) Tourison estates refer to large tracts of land with well-defined boundaries im any area,
excluding those in provection lands, identified in the Philippine tourism master plan and regionat
fourism master plan, by proclamation of the President of the Philippines anxlor by acts of Congress
and/or by local legislation and declared suited for the development of an integrated touristy and
resort complex with areseribed carcying capacities and limits for ity facilities and activities;

(cece) Tourist spur refers 10 a particular arenisite’spot, man-made or natural, known for its
unique tourist'visitor-drawing attributes and activities and which muy be classified according to its
social, cultural, natural, historical aesthetic, visual. scientific. religious. and recreational
significance:

{dddd) Fourssr cone reters to 9 geographic area with well-defined boundaries proclaimed as
such by the President of the Philippines and/or by acts of Congress. No development projects for
‘any purpose shall be initiated and introduced within the zone prior to the formulation of a tourism
master development plan which shall be undertaken in coordination with the Department of!
Tourism (DOT) and the Tourism Inlrasiructure and Enterprise Zone Authority (TIEZA). A tour'st
zone is established for the cahancemem: and/or the conservation of cultural and historical heritage
‘und for the appreciation and enjoyment of the local population andl its visitors,

{ecce) Urban areas refer co all cities regandiess af their population density and 10
municipalities with a population density of at least five hundred
(500) persons per square kilometer,

(ATM) Urhanizable areas refer to sites and Lands which, considering present characteristics and

15


prevailing conditions, display masked amd great potential of becoming urban areas within a period

of five (5) years;

(gg22) Urban forestry or grven space refers to the establishment oF setting-up of areas for
‘minieforests. ecoparks or small nature parks. in both public and private lands: wetlands, man-made
lagoons and lakes systems, riverbanks and shores, grasslands, roof and rock gardens: lining roads
and highways with trees, shrubs, or omamental plants, and ground landscaping of schools.
hospitals, and other government agencies in order to improve the environment in urban areas,

(hhh) Hater security refers to the sufficient access throughout the year to the minimum daily
requirement of elcan water to maintain a healthy life;

(iti) Wister use refers 10 the appropriation of water for domestic, municipal. inigation, power
rvestock, industrial and commercial, environmental, ancl

generation, inland fisheries, poultry ai
eecreational use;

iid) Hietershed refers to.a topographically delineated area of land from which rainwater ean
drain as surface nunofl vis-a-vis @ specific stream or river system to a common qullet point which
may be 4 dam, irrigation system or urban water supply cake-off point, or where the stream
discharges into a river lake, oF the sea;

(kkki) Zoning refers to the regulatory tool foe delineating the specific land uses in accordance
with the approved CLUP within the tercitorial jurisdiction af'a city/manicipality and specifying the
conditions for their regulation, subject to the limitations imposed by law and competent authority;
and

(UID Zoning ordinance refers to w local law passed by the sangguniang bayan of sangeuniany
panlungsod approving the development contrel:zoning plan in accordance with an approved or
axtopted CLUP of the city/municipality, providing for the regulations and other eunditions on the
land uses including the limitation on the infrastructure that may be placed within the
city’vmunicipatiny’< territorial jurisdiction It incorporates the protected areas, protectedt
agricultural lands and ancestral lands ax provided for in this Act.

16


CHAPTER I] FRAMEWORK FOR LAND USE PLANNING

SEC. S, Basie Land Use Consideranons, ~ Various land uses as categorized in the succeeding
section shall be deicrinined in a manner that promotes the policies and principtes defined in Section

2 of this Act and shall consider the following elements of the framework therefor, annong others:

1) Protection fand use category as defi
production land usc category. The State shall undertake the necessary action in changing the
classification of these production areas:

(b) Preservation, conservation, rehabilitation and protection to perpetuity of permanent
forestlancs, critical watersheds. key biodiversity areas, environmenally-critical and
ecologically-fragile arcas and prime agriculture) lands from any other land use, conversion,
disposition, intrusion, utitzzation and development aside from their determined use aad Linits;
Protection of natural forests and natural resources ensures environmental stability.

cd in Section 6 shall prevail aver existing

conserve biological diversity. improve ecosystem functions and provide long-ierm ecotagiesl and
economic benefits. Designated restoration areas are designed to revive the ecosystem functions and
services of forests as well as improve the economic and ecological benefits of local communities;
@) Protection of forest and wetlines trom infrastructure development to preserve the
ecological services they provide which are essential to economic development, These aetivitios
include, but not fimited to. river channelization and dredging, large-scale irrigation and river
diversions which reduce riverine hahitat and alter Mood patterns and natural flow regimes, reduce
downstream water availability for agriculture and contribute to salinization through saltwater

intrusion in coastal areas:

(e) Resolution of land use conflicts which are life-threatening or threatening 10 public
sustainability of key production resources or employment activities and the delivery of busie
services which are harmful or destructive to protected areas. flora ancl fauna, and other protected
be

natural resources, Greater consideration sha ven to the human and twnurial rights of
vulnerable groups in resolving land use conflicts;

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

tz) Respect for existing customary rights and traditional land uses of CC31Ps;

th) Mentification of settlement areas ¢ check the demand for land and establish the

7


location of eniployment-gencrating industries and basic services; and

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

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

(a) Protection Land Use refers to the use of land primarily for rehabilitation,
conservation, and protection purposes and the promotion of the country’s ecological and
life-support systems. Planning for protection land ose intends to achieve environmental stability and
ecological integrity, ensure w balance between resource use and the preservation of sore areas with
environmental, esthetic. educational, culniral and historical significance, aid and protect people
and human-made structures trom the ill-efleets of natural haar.

‘Arcas under this category arc those covered hy the NIPAS Act of 1992 and other coastal and
matine protected areas; areas outside NIPAS. which include, but are 00% limited 10;

(1) Natural and restored forests, which comsist of.

(i) All existing areas within foresttand containing primary and secondary forests of
whatever types of species:

ti) All evi

in forestland containing secondary growth or residual forests

ing areas wi
‘of whatever type or specie:

ily Atcas identified as KBAs:

(ivy Restoration areas,

() All mangrove forests:

(vi) All casement areas as defined by Presidential Decree No. 1067. otherwise known as
the Water Code of the Philippines: and

(vii) All other areas that would be dsemed appropriate for protection. 28 designated by the
Department of Environment and Natural Resourees (ENR), subject to the approval of the National
Land Use Policy Council (NLUPC), created pursuant to Section $5 hereof,

2) Retubilitaied andlor reforested degraded mining areas:

(3) Critical ecosystems for protection, such as;

(i) Coral reefs;

Gi) Marshes und wetlands;

(ii) Lakes and rivers;
18


tiv) Caves; and
(o) Waterfalls;

(4) Disaster-prone areas that include areas subject Lo, oF may be subject to:
ti) Recurrent floodi
(i) Liquefaction;

lly Tuumearnas:

Gv) Stonm surges:
4) Polar vortex:
(it Mass wasting:
Volcanic eruption:
{(sili) Direct impact of seismic activity:
{ix} Other disasters caused by climatic conditions; and
4) Other areas that pase w high degree of hazard to human occupation and activity;
(3) Critical watershed arcas:
46) Marine protected areas:
47) All prime agneultural lands as defined under this Act:
wa Ecologically-fiagile and cnvironmentally-critical areas whose conversion will result
10 serious environmental problems and threats to public health and safety;
” Natural and human-made arcas/sites of cultural. historical and anthropological
significance, which are dectared as such by internationally- recognized institutions; and
(10) All other arcas not ineladed und declared ws production areas shall become protection

areas,

(b) Production {and Use reters to the most efficient. sustainable, ard equitable utilization,
development and management of land for productive purposes which are mot classified for
predection land use ax defined in this section. Areas included in this category are agricultural
lands, coastal and marine zones, production forests, mineral lands, energy resource Lands,
industrial and tourism development areas where proxluctive activities could be undertaken to
meet the country’s requirements for econemic growth and development, Production land use
shall comprise of, but shall not be timated to:

(1) Other agricultural Lunds not identified os prime agricultural lands. They shall consist
‘of, but shall not be limited to:
(0) Lands whose soils are suitable for agricultural development:
(i) AT alluvial plain lands that sce suitable for agricultural production andior can be
devoted to food production;
(i) All Jands that are traditional sources of staple food;
19


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

(%) All lands in areas not highly prone to natural hazards that are suitable for the
production of tree crops and other cash erops:

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

(2) Production forests, such as:

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

(ii) All areas within forestlands considered as rangelands for grazing purposes; and

iii) AM areas within foresitinds managed under the comiuniiy-hased forest management
in areas not classified as protection forests;

(4) Rangelands for grazing:

(5) Industrial development areas; and

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

{¢) Somoments and Institutional Land Use refers to the use of urban and nara lands for

settlements development purposes and/or improvement on cxisting settlements involving the
spatial distribution of population, identification of the roles and fimetions of key urban
centers, determination of relationships among setilement areas, and the provision of basic
services und facilities to such settlements.

It shall also include lands identified for institutional uses such as educational, administrative,

government, law enforcement, health care and secial services. Settlements and institutional land

uses aim to ensure for the present and future generation the: (1) ellscctive integration of activities
within and among settlements, allowing efficient movement of people and production of
commodities through the provision of appropriate Land, intrustructure, und facilities; and (2) access
of the population t housing, education, health care, recreation, transportation and communication,
sanitation, and basie utilities such as water, power, waste disposal, and other services.
td) Infrastructure Land Use refers to the use of land dedicated to the provision of basic
services that foster economic and other forms of integration necessary for producing or obtaining
the material requirements of Filipinos, in an efficient, responsive, safe and ecologically friendly
Judes, among otbers, subsectors like: road networks, tansportation and
communication facilities, social services, environmental service facilities, and utilities.
Provided, That the determination of the functional uses af
should be consistent with the land use categories provided for in this Act: Prowided, further, That

built environment. It it

nds within wucestral domains

20


other subcategories of land vses in delincated ancestral domains may be formulated by the
concerned 1CCx1Ps themselves in accordance with their particular needs and traditional resource

and management systems

SEC, 7. Land Use Plans for Ancestral Domalns. ~ Land tse plans for ancestral domains shall
be formulaced by the ICCw1Ps themselves in accordance with their particular needs and tration
resource and management systems with che assistance of the National Commission on Indigenous
Peoples (NCIP), the LGUs and civil society organizations (CSOs) concerned. Such plans shall be
|. provincial, regional and national physical

seeognized und adopted in the barangay. city/muni
framework plans.

Physteal framework plans made prior to the delineation of ancestral domains included in suet
plans or ordinances shall. without prejudice to the rights of the ICCs/IPs concerned, adopt difterent
land use categories in aecondance with their particular needs amd traditional resource and
‘management systernss,

In cases where there are no ADSDPPs. the LGU! and the ICCs1Ps shall jointly formulate the
and use plan within the ancestral domain until such time that the ICCs/IPs have formulated their
ADSDPPs.

SRC. 8, Adoption of Multiple Uses of Land. ~ The primary and altemative uses of specitic
land resource shall be determined and evaluated by the respective local Jand use boards priv to any
decision for the assignment of its use, Areas feasible for sustainable land resource use may be
considered multiple-use ones wherein settlements, tourism, agriculture, agro-foresiry and
extetion activities and other income-generating or livelihood activities may be allowed except
areas under protection land use; Provided, That multiple uses of find resources shall be in
accordance with priceities in land use allocation identified in the approved physical framework and
land use plans whercin such mulliple uses are compatible with the orginal land use and planning.
and that no reclassification shail be allowed: Provided, further; That, where there are vested rights.
titles, und claims prior 10 the enactment of this Act over the areas Icasible for sustainable land

resource use, the same shall he respected

21


CHAPTER III SPECIAL AREAS OF CONCERN:

ARTICLE 1
LAND USE CLASSIFICATION

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

‘The Land Management Bureau (LMB) shall provide the necessary technical information and.
‘conduct the needed assessinent vf the stutus of the existing land use classification and shall submit
fan assessment report to the NILUPC not later than ninety (90) days from the establishment of the
later,

SEC. 10. Consideration of Assessment Report. ~ Upen validation and affirmation by locat

land use boards, the land use classification assessment report submitted by the LMB shall be taken

into consideration by the NLUPC in the formulation of its planning guidelines,

ARTICLE 2 NIPAS AREAS

SEC. 11, dmiegrutedt Management Sieategy. — For more effective planning, management, and
protection af protected anvas at the provincial and municipalcity levels. the Protected Ares
Management Plan (PAMP) referred to in the NIPAS Law shall be incorporated in the Provincial
Physical Framework Plan (PPEP) and CLUPS, iPapplicuble, wherein protected area zoning shall be
reflected.

ARTICLE 3 AGRICULTURAL LANDS

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

SEC. 13, Cunversion of Agricultural Lands. — All lands considered and identified as prime
agricultural lands shall be maintained, managed and protected for agricultural use and shall not be
subjected 10 any form of conversion or reclassification.

All other agricultural tands not identified as prime agricultural lands cau only be converted to-

22


|

|

nonagricultural usex upon issuance of a DAR conversion order: Provided. That such conversion
shall not deastically change the nanure of the overall land uses in the surrounding and adjacent areas
from its ng land use: Provided, further, That consistent with the State policy on giving priority
to the completion of the CARP, those lands covered under compulsory acquisition/voluntary offer
to sell. production or profit-sharing subject to CARP shall also be protected from conversion
pending the distribution andlor installation of the farmer beneficiaries: Provided, finally, That
pending the completion of mapping activities of the specific areas under the NPAAAD and the
SAFDZs under the AFMA and their incorporation in the National Physical Framework Plan
(NPEP), the application for conversion of these arcas shall not be given duc course by the
appropriate government agency.
ARTICLE 4 ANCESTRAL DOMAIN

SEC. 14, Priority Areas for Agricultural Development Within Ancestral Domain. -
Agricultaral lands within ancestral domain shall be developed in accordance with thelr
ADSDPP.

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

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

ARTICLES
FORESTLANDS AND RESERVATION OF WATERSHED

SEC. 27. Permanent Forestlands. ~ All forestlands are classified as forest or timberlands.

Titles, settlements, permits. leases, and'or agreements within critical habitats, critical watershed

areas, protected areas and KBAs shall be reviewed, and their legality affirmed. All ceroncous titles,

settlements, permits, leases, and/or agreements within permanent forestlands shall be cancelled or

revoked in due course, Noncomptiance with and violations of these instruments shall be grounds for

their cancellation or revocation:

23


Provided, That the applicable provisions of the IPRA of 1997 shall be respected.
Upon recommendation by the LGU, or the Forest Board, the DENR Secretary shall revoke
the abovernentioned instruments.

SEC. 18. Additional Areas to be Included as Permanent Forestiands.

The following tands are needed for environmental protection and forestry purposes and
shall not be reclassiffed as agricultural lands or for any other land use:

(a) Isolated patches of forest, regardless of size and/or area, with rocky terrain or which
proiect a spring/water source for communal usc;

(b) All mangroves and swamplands including (wenty (20}ineter wide strips facing
‘oceans, lakes and other bodies of water not yet classified as alienable and disposable lands:

(©) Ridge tops and plateaus regardless of size found within or surrounded wholly or
partially by forestlands where headwaters emanate;

(4) Twenty (20)-meter wide strips of land from the edge of the normal high waterline of
rivers and strcams with channels of at least five (3) meters width which are aot yet classified as
otienable and disposable;

{c) Areas needed for public interes! such as research of experimental purposes: and

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

SEC. 19. Reversion of Alienable and Disposable Lands to Forestlands.

Upon the recommendation of the DENR Secretary, duly reviewed and endorsed by the
NLUPC, and after due consultations with the concemed LGUs and the affected parties, Congress
may authorize the reversion of alienable and disposable fonds of the public domain or portion
‘thereof to forestlands.

SEC. 20. Critical Werershed Areas. — The DENR, in coordination with the DA, the LGUs
concemed, and other government agencies, inctuding govemment-owned and -conérolled
corporations, and after mandatory public hearings‘consultations, shall identify and detineate critical
watershed areas that need 10 be protected, rehabilitated, enhanced, and/or withdrawn from uses that
contribute to their further degradation

SEC. 21, Formutation and implementation of imegrated Watershed Management Plans, —

24


With the assistance of the DENR anxt upon mandatory consultations with the concemed sectors and
communities, the LGUs, tirough thew local land use boards, shall prepare their watershed
managentent plans which shall he integrated inte their respective CLUPs. The formulation and
integration of the plun shall be guided, among others, by the principle of the management and
development of inland water resources at the watershed level and shall be consistent wath the
National Forestry Master Plan (NEMP).

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

SEC, 22. Establishment and Management of National Parks. ~ Alvareas prockiimed by the
President of the Philippines and Congress to be under the NIPAS, unless disestablisied, including
those identified initial components of the NIPAS as KBAN shall comprise the national parks
classification of the public domain, The DENR and the LGUs concemed shall ensure that such
aveas are integrated in the CLUP and physical framework plans: Provided, however, That the
preparation of management plans of protected areasinational parks shall be in secordance with the
provisions of the NIPAS Act and other laws establishing or declaring specitic areas as protection

areas,

SEC. 23, Extablishment of Restoration Zones. — Restoration areas shall be designated in the
management plan as such, Desigstition of restoration zones is compulsory in all forest management

plang and for all LGUs.
ARTICLE 6 COASTAL ZONES

SEC, 24, Criteria for the Allocation and Utilization of Lands Within the Coostal Zones, ~
The allocation ané utilization of lands within the coastal zones shall he subject to the
following guidelines:

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

{bi Areas that meet all accepted criteria on elevation, soil type, soil depth topography.
supply for successful fishpend develapment, and are not identified ay mangrove protected areas
shall be utilized for aquaculture purposes as Jong as a 4:1 ratio for mangrowes and fishponds is
‘maintained (o sapport evolagical processes in mangrove ecosystems;

(ec) Areas subclassified as mangrove snd still suitable for use os such, or duc 10
environmental conditions, need to be preserved as mangroves but are devoid of mangrove stands,
shall not be converted to other uses, The DENR shall ensure that these lands shall be reforested

25


‘within a given period of time;
(dy Arcas accessible to the sca and identified for fisherfolk scttlement and housing but
are not part of or are not within any protected land use areas shall be allocated to traditional

fisheriotk who are inhabitants of the coastal communities ancVor members of registered fisherfiolk
‘omganizations andor holders of stewardship lease contracts or titles to ancestral domains or any
form of property right arrangements who participate in coastal resource management initiatives,
subject to the usual census procedures of the Housing and Urban Development Coordinaung
Council {HUDCC): Provided That the govemment shall issue marine tcnuriat rights to
organizations concerned based on a criteria to be established by the NLUPC.

(=) Areas that are neither subclassified as mangrove, fisherfolk settlement nor fishpond
may be devoted to recreational or tourism purpeses: Prewided, That such undertaking will not result
in environmental degradation and displacement of smal! fisherfolks:

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

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

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

SEC. 25. Coastal Land Zone Subclassification. — AN public lands in the coastal zones shalt
be subclassified into any of the following: fishponds, mangroves, protection from tidal surge for
preservation of biodiversity, habitets and sanctuaries for endangered wildlife, fisherfolk settlement,
or recrcational/tourism arcas.

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

(2) Conduct of a comprehensive inventory and resource and environmental assessment
by the DENR with respective LGUs and accredited nongovernment organivations/peoples
organizations (NGOs/POs) within their jurisdiction. The result of such assessment along with a list
of all existing applications and expired foreshore lease agreements shall be posted in three (3)
conspicuous places in the affected localities: and

tb) Prige consultation with local Fisheries and Aquatic Resource Management Councils
(FARMCs) formed pursuaat to Republic Act No. 8550 or the Fisheries Code,

SEC. 26, Zoning of Coastal Areas. ~ LGUs. in coordination with the DENR, the FARMCS,
local fisherfolk organizations and other concemed stakeholders such as women and youth, shall

26


prepare the Coastal Zoning Resouree Management Plan (CZRMP) which shall be incorporated in
the CLUP, Management zones defined in the CZRMP should be reflected in the CLUP and the
subsequent zoning ordinance (ZO).

SEC. 27. Towrism and Recreation Zone. — The designation of arcas for tourism and resorts
near to or over fishery areas or ports thereof shall be with the consent of the concemed LGUs and
FARMCS, and subject to the policies and guidelines sot forth in this Act.

SEC. 28, Protection of Waterways, Easements and Flood Plains, — Structures of any kind
shall not be built in waterways and casements. Pursuant to Presidential Decree No. 1067 or the
Water Code of the Philippines, the banks of rivers and streams and the shores of the seas and lakes:
throughout their entire length and within a zone of three (3} meters in urban areas, twenty
20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are
nusigation, floatage, fishing

subject co the casement of public use only in the interest of recreati
and salvage,

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

To promote the best interest and the coordinated protection of flood plains, the Department of
Public Works and Highways (DPWH), in coordination with the Department of Science and
‘Tecanology (DOST) and the DENK, shall declare flood contro! areas, as necessary, and shall
prohibit or control activities thet could damage or cause deterioration of lakes and dikes. obstruct
the Now of water, change the natural flow of rivers, increase {lood losses or aggravate flood
problems pursuant to the Watcr Code of the Philippines,

SEC. 29. Dispasttion of Public Lands for Fishponds. ~ Upan the effectivity of this Act, but
subject to existing rights and the proceding section, no Fishpond Lease Agreement (FLA) shall be
‘issued for tidal swamps, mangroves and ooilier swamps, marshes, ponds, foreshore lands, and
coastal areas within public lands, including those presently declared available for fishpond
developmenit, The Land Use Policy Council (LUPC), in coordination with the DENR, the DA. the
FARMCs and the LGUs, shall set aside « portion of available public lands for fish propagation, fish

27


sanietuary, conservation, ecolagical purposes and fisherfolk settlement areas. Fishponds covered by
existing FLAs, but are abandoned or are not operating efficiently and are found suitable for
mangroves, shall be reforested with mangroves

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

ARTICLE 7 MINERAL LANDS

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

SEG. 32, Criteria for the Utilization and Allocation of Land for Mining Purposes, ~ The
allocation and wblization of lands for mining purposes shall be guided by the following:

(a) The principles of sustainable development;

(>) Incase 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,

cy Mineral reservations which have become nonoperational for more than ten (10)
years. as determined by the Mines and Geosciences Burcaw (MGB), shall be plased under
appropriate surface management by the DENR: and

@) Ancestral domains declared us protected by virtue of their ADSDP? as well as all
watershed areas shall be closed to mini

SEC. 33. Reversion of Mineral Lands. — All mineral lands with exhausted mineral resources,

as determined by the MGB, shall automatically revert to their original land classification, that is, us
forestland or agricultural land. The concerned mining companies shall bear the full cost of
rehabilitation of these areas.

ARTICLE 8 ENERGY RESOURCES

SEC. 34. Guidelines for the Utilization and Altocation 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

28


indigenous energy resources in the mast economicai and environmentally-acceptable means
are realized, the allocation and utilization of lands sball be guided by the following, consistent
with existing regulations and laws on energy resources:

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

th) Indigenous energy resource exploration. development production, utilization, and
distribution shall be subject to the appropriate requirements and processes of the Philippine
Environmental Impact Statement (EIS) system. Each project shall secure an Environmental
Compliance Certificate (ECC) prior to project implementation to ensure that adequate and
appropriate environmental management measures aid optinwim micthods for resource access and
recovery arc uscd:

fe Protected areas defined in Section 6 shall be closed tu any kind of energy resource
development;

(a) Energy reservations ur portions thereof which have hecome or have been established
to be noa-economically viable 1 operate or are no longer used for energy purposes shall be
reclassified to other Jand uses, subject to existing laws covering energy reservations: and.

te) Renewable energy shall be preferred over other energy resource.

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

ARTICLE 9 SETTLEMENTS DEVELOPMENT

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

29


SEC. 37, Seilementy Within Geu-hazard Areas andior High Risk/Danger Zon
lowed. In cases

Settlements within geo-hazard areas andlor high risk/danger zones shall not b
where there are existing seitlements within goo-hazard areas andlor high risk'dangor zones, the
concerned government agencies shall provide assistance to concerned LGUs and settlers in
instituting satety and corrective measures to address the potential dunger or risk.

SEC. 38 Designation of Waste and Environmeat Management Site. ~ Each city or
municipality shall identify ancl designate an area to serve ax waste and exvironment management,
waste disposal, and facilities within one (1) year from the effectivity of this Act, The LGUs, in
coondination with the DENR of any other competent authority. shall identify sanitary landfill in
‘order to fastetrack the conduct of the Pnvironment Impact Assessment (ETA) study and to facititste
the processing of the ECC. The sile or arva shall be identified in the city’s or nwunseipality’s CLUP.
For this purpose, cities and municipulities shall establish their solid waste management program,
pursuant to Republic Act No. 91X13, otherwise known as the “Ecological Solid Waste Management
Act uf 2000”, Likewise, as provided under Section 33 of the Local Government Code of 1991,
cities and municipalities may, through appropriate ordinances, bind themselves towards the
establishment of a common solid waste management program,

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

SEC. 39, Designorion und Zoning of Soctalized Housing Sites. — Each ety or municipality in
urban, urbanizable and rural areas shall designate through the CLUP adequiate fans for housing or
residential purposes, including socialized housing and resettlemont areas, for the immediate and
future needs af the local population us well as the underpnvileged and homeless in their territory.
pursuant (0 existing laws and regulations, In order io ensure adequate availability of land for the
housing needs of the local population, the CLUP may be revised at the minimum of ten (10) years,
and reviewable not earlier than every five (5) years,

‘The designated sites for socialized housing shall be located in residential zones, andl shall be
zoned as socialized housing zones thut ure integrated in the city’s oF municipality's ZO, duly

approved by the NLUPC, pursuant to existing laws and regulations, Preference shalt be given to
Lands proximate fo public transportation facilities which may include ‘mer alia railways and public:

terminals,

‘The location of resettlement areas may cither be on-site or off-site and may be within the city
30


ity: Provided, That designated setlement and socialized housing areas shall consider
the proximity and accessibility of the affected community to employment, economic activities and

social serviess

Within ninety (90) days from the effectivity of this Act. the NLUPC, in coordination with
concerned agencies, pursuant to HUDCC Resolution No. $21, series of 1992; Executive Order
No. 124, series of 1993; andl other peninent guidelines on the matter, shall promulgate the necessary
Guidelines for the identification and designation of socialized housing sites. All cities and
municipalities in urban and urbanizing arcas shatl identify and designate their socialized housing
sites within one (1) year from the effectivity of this Act and must submit the list of these sites and
their respective arvas to the HUDCC. These sites shall be used exclusively for socialized housing as
defined in the UDHA,

SEC. 40. Zoning of Ldemified Sites for Socialized Housing, ~ The identified sites. for
socialized housing shall be located in residential zones identified by the city’s or municipality's
CLUP and ZO duly approved by the NLUPC, However, for cities and municipalities where the
identified sites are not within the said residential zones, the location shall be within the pricrity sites
and confoem with the suitability criteria as defined in Sections 6.3 and 6.4 of the Guidelines in
HUDCE Resolution No. 321, series of 1992, or as may be defined in subsequent issuances. The
identified sites shall be zoned as socialived housing zones as defined herein,

The current ZO of LGUs shall be reviewed and revived such that the socialized housing

componcut shall be integrated thereto.

SEC. 41. Farluation of Lands for Social
socialized housing shall be set by the Department of Finance (DOF) on the basis of the market
value reflected an the zonal yaluation or. in its absence, on the latest real property tax dectaration.
For sites already occupied by qualified beneficiaries under the UDHA, and sites identified as
socialized housing zones as defined in this Act, the DOF shatt factor into the valuation. the blighted
status of the land as certified by the LGU or the National Housing Authority (NIA).

iced Housing, ~ tquitable tand valuation guidelines for

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

(Within alienable and disposable lands but = notin
‘enyironmentally-critical, geo-hazard or other protection areas:
(hy Along established urban growih directions:
31


(4) Within the 0-8% slope range; and
fe) Accessible from existing built-up arcas and other employment ceniers through
cxisting oF proposed roads and other transportation facilities

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

SEC. 44. Proseciion of Feotosical Harmony, ~To ensure the eeclogieat harmony af towns,
cities and seulements. certain projects thoc can alter the present use of «Zoned arc shall not be
issued « building permit, business permit. and/or development permit. The identification of these
projects shall be done in coordination with the LGU concemed. All LGUs shall be required t0

designate restoration arcas in their fimestland use plans,

ARTICLE 10
INDUSTRIAL DEVELOPMENT AREAS/SITES.

SEC. 48. Criteria for Designating Industrial Developarent Areas, = The ide
establishment of industrial development areas shall conform to the provisions of the SEZA, the
Comprehensive Agrarian Reform Law (CARL), the IPRA. the UDHA, the Fishenes Code and the
APMA, taking into consideration the following:

(2) Wdentified network of areas for agricultural development and protected agetcultural

ication and

areas pursuant to the AFMA;

tb) National policies on the regional dispersal of industeies and agricbayed industrial
development:

{e) Identified growth areas and corridors in the National Development Plan;

(a) NIPAS and non-NIPAS areas such ax, but not limited to, KBAS and
restored areas that require protection:

te) National and Urban Development and Housing Framework:

if Identified socialized housing zones: and

{g) National Framework for Physical Planning md other existing national programs and
policies,

The designated industrial development arcas shall be located only in production land use

32


arcas and shall become an integral part of the land usc plan and ZO of the city or municipality
where these areas are located, The laws oa CARP Fatension with Reforms (CARPER), the IPRA,
the UDHA, the Fisheries Code, the AFMA and the Local Government Code shall apply to all
special economic zones and frccparts.

ARTICLE 11
‘TOURISM DEVELOPMENT AREAS

SEC. 46, Designating Tourism Development Areas. - The identification, selection, and
development of tourism development areas, and Tourism Enterprise Zones (TEZs) shall be done in
consultation and coordinstion with the concerned LGUs, TIEZA, DOT, and other concemed
national government agencies, the private sector and the allected communities, subject fo the
provisions of Republic Act No, 9593 or the Tourism Act of 2009. Tourism development arcas shall
likewise include those covered by legislative and caccutive issuances such as tourist spots, tourist
zones and tourism ecozoncs which can be developed into tourism estates oF imtegmied resort,
leisure and recreation complexes and other tourism-related facilities as well as those identified in
the national, regional, and area-specific tourism master plans und other sector plans, such us
ecotourism and agri-tourism sites: Provided, That such sites designated for tourism development
ave outside of areas identified for protection land usc. As much as practicable, community based
tourisan shall be the principal mode of tourist spot operation, The laws on CARPER, IPRA, UDHA.
the Fisheries Code, AFMA, the Local Governmeat Code and National Ecotourism Strategy shall
likewise apply to all tourist zones and tourist development arvas

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

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

‘The NHCP and the NM, in consultation with the NCCA and the Housing and Land Use
Regulatory Board (HLURB), sball designate heritage zones to protect the historical and cultural

integrity of'a geographical ares that is significant to national history.
‘The LGUs, in consultation with the NHCP, the NM. and the NCCA, shall designate heritage

33


zones to protect the historical and cultural integrity of geographical areas and cultural spaces of
imangible cultural properties, which are significant to « city or municipality and the community.

ARTICLE 12 INFRASTRUCTURE DEVELOPMENT

SEC. 48, ilocation and Use of Land for infrastructure Development. — Land, whether public
or private, shall be allocated and utilized for poiority infrastructure projects that are supportive of
national or Jecal development objectives. The National Economic and Development Authority
(NEDA). in consultation with the concemed national government agencies, LGUs, and the private
secior, shall identify and periodically review, update and/or revise the list of priority infrastracture
projects under an overall national strmtegiv infastructure development plan subject ta the provisions
of this Act, AFMA and IPRA: Provided, That such national strategie infrastructure development
plan shal! be consistent znd integrated in the objectives and directions of the NPFP.

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

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

() Upgrade existing facilities 10 international publie safety standards;

{e) Address the need for sustainable seitlements development; and

(6) Mitigate the destructive effects of natural dikaster-causing phenomena or those that
shall serve as alternatives fo existing infrastructure found in natural hszard-prone areas.

Provided, That the provision and implementation of infrastucture support shall be made
compatible with existing environmental conditions and the physical, whether natural or
human-made, apd cultural character of the area. Mandatory public consultations pursuant 10
cxisting laws and regulations shall be held prior to the conduct of all infrastructure projects that will
necessarily involve dislocation or displacement of people in the area:

Prowidedt, further, That the proponent of the infrastructure project shall follow the rules on
just and humane eviction or demolition under Section 28 of the UDHA as a fast reson,
notwithstanding the provisions of Republic Act No. $975, prohibiting lower courts from issuing
lemporury restraining orders, preliminary injunctions, or preliminary mandatory injunctions, and
that the proponent shall follow provisions of the IPRA, particularly those pertaining to the rights of
ICCS!IPs in case of displacement:

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

34


SEC. 49, Infrasmucture Peujects Within Geo-hasard Areas, — Construction of priority
infrastructure projects within hazard-peone areas shall be allowed: Provided. That mitigating andior
preventive measures are adopted and implemented to address the potential adverse economic,
sucivcultural, and environmental impucts that will emanaic from these infrastructure projects,
subject to the findings and recommendations of a feasibility study/EIA im accordance with
Presidential Decree No, 1586 (EIS System) and Republic Act No. 4846 or the Cultural Properties
Preservation and Protection Act.

Existing projects that were undertaken without the required EIA and which pose a threat to

the environment, or to the integrity of historic, archaeological, oF scicntifically significunt arcas, 01
impinge on critics] ecosystems, may be terminated immediately, or gradually phased-out and
relocated, or maintained up to their life span, subject, however, to mitigating measures:
Prmvided, That the rules on mandatory public heacings/consultations and just and humane evietion

10 shall also be observed prior to the termination. gradual phase-out, or relocation of

‘or demo!
projects that will necessarily involve dislocation or displacement of people in the area.

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 50. National Lund Use Planting Process, — The physical framework and land wse
planning process shall be participatory, following a combined bottom-up snd top-down approach,
with mandatory public kearings/consulations conducted at all levels, and shall consider available
and updated multidisciplinary scientific inlormation of land uses.

‘A set of national policy guidelines and stanciards for physical plansiing shall be formulsted by
the NLUPC. These shall guide the preparation and formulation of the national, regional and
provincial physical fhamework plans.

These stindards shall give duc consideration 4@ conlicting uses and areas being used.
declarod or designated for agranan reform, protected areas, ceustal resource management andior
ancestral domains,

‘The NPFP shall define the national strategy and objectives of the vountry’s ucban, cural and
regional development. It shall guide the rational distribution of population, access to economic
services, sustainable utilizalion of resources,

opportunities and soci
and maintenance of environmental inegrity,
Furthermore, it shall consider the existing regional physical tramework plans (RPFPs) and
PPFPs,
‘The RPFPS, the PPFPs and the CLUPs. which caver the physical development of their
as


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

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

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

SEC. $1, National Physical Framework Plan. ~The NPFP shall guice the planning and
management of the courtiry’s land snd other physical resources at the national and subnational
cvels, and indicate broad spatial diections and policy guidelines on protection land use, production
land use, seitlement development and infrastructure development, The NPFP shall be the basis for
adopting the land use and piysical planning-related guidelines, including Zoning and other land use
control standards that will guide the formulation of city/municipal 20s.

The NLUPC, in consultation with concemed sectors and communities, shall update the NPFP
after such period that objectives and goals set by the NPFP have bezn substantially achieved. It
shall also formulate and issue the appropriate planning guidctines and standands through which all
physical

planning; land use and management of resources shall be reviewed, prepared, formulated and

monitored.

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

SEC. $2. Regional Physical Framework Plan, ~The RPEP shall provide broad spstiat
land use, settlement

directions and policy guidelines on protection land use, produ
development, and infrastructure development at the regional level and guide the formulation of the
PPEPs, The RPFP shall consider the existing PPFPs and the CLUPs of LGUs within the territorial
jurisdiction of the region

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

Regional Development Pian (MTRDP) and the Medium-Term Regional Development Investment
36


Program (MTRDIP) shall be guided by and made consistent with the objectives ideutified in the
RPFP.

SEC. 53. Provincial Physiew! Framework Plan, ~The PPEP shall determine the physical
development of the entire provincial territory, consolidate and harmonize the comprehensive land
use plans of component cities and municipalities, consistent with the RPEP. It shall reflect the
indicative land use management and physical development direction of the province,

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

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

The Provincial Land Use Planning and Management Board (PLUPMB), created under this
Act, shall ensure that the PPFP is consistent with the nations! and regional planaing framework and
guidelines issued hy the NLUPC/RLUPC, The PPFP shall he presented to she Provincial
Developmeat Council (PDC) for endorsement to the sangguniang pantalawigan, who shall formally
adopt and approve the PPFP. The approved PPFP shail be submitted to the RLUPC for
consolidation and integration into the RPFP.

Under the general supervision of the PLUPM, the Provincial Planning und Development
Office/Coondinator (PPDO/PPDC) shall provide technical, secretariat and administrative support in
the preperation, consultation, integration and formulation provess of the PPFP.

SEC. $4, City and Monicipat Lond Use Plans, ~ All barangays shall provide their sectoral,
temporal and spatial data for the CLUP which shall serve as the foundation forthe formulation
cf the city/municipal CLUPs. The data shall be provided by the sangguniang pambarangay

37


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

The CLUP shall delineate actual boundaries on the yround within the territonal jurisdiction.
embody the desired land use patterns of the barangey, city or muntcipality. translate and integrate
sectoral plans, and provide appropriate policies for each of the four {4) land use planning
categories. The spetial dicetions prescribed in the C'LUP shall serve as the basis for the preparation
and formulation of the Comprehensive Development Plan (CDP} and the Local Development
Investment Programs (LDIP) of the LGUs.

Consistent with the tational standards and guidelines prescribed in Section 50, the cities and
tnunicipalitics shall, in consultation with the concemed sectors, prepare their respective CLUPs.
The City/Municipal Land Use Planning and Management Board (C/MLUPB), ervated under this
Ack, shall be responsible for the preparation and formulation of the CLUP and ensure ats
consistency with national and regional physical planning guidelines and standards, Under the
general supervision of the respective C/MLUPB, the City/Municipal Planning and Development
Office/Cooninator (C/MPDO/PDC) stall provide technical, secretariat and administrative support
in the preparation, consultation, integration and formulation process of the respective CLUPs of

each city or nmunicipality,

‘The CLUPs shall be submitted by the city/municipal locul development councils (LDC) for
adoption and approval of the sangeuniang bayan. The approved CLUPs shall be submitted to the
province for integration into the PPFP.

38


CHAPTER Y
IMPLEMENTING STRUCTURE AND MECHANISM

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

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

(by Provide technical and other forms of planning assistance to, including. capacity
bailding for, LGUs and zoning boards; and

4s) Act as the appellate body on decisions of local zoning bodies on locational clearance
applications and/or oppositions thereto and other zoning issues involving private rights

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

SEC. 56. Camposition of the NLUPC. ~The NLUPC shall be headed by the Secretary of the
NEDA as Chairpervon, It shail choose a Vice Chairperson from among the menibers of the Council,
who shall assume the functions of the Chairperson in case of absence. The NLUPC shall meet at

Teast once every quarter

‘The members of the Council shall be the following:

(a) The Secretary of the Department of Agrarian Reform (DAR);

() The Secretary of the Department of Agrivulture (DA).

fe) The Secretary of the Department of Environment and Natural Resources (DENR).

i ‘The Secretary of the Department of the Interior and Local Government (DILG);

{e) The Chairperson of the National Commission on Indigenous Peoples (NCIP);

cy ‘The Chairperson of the Housing and Urban Devclopment Coordinaring Council
(HUDCC);

(si ‘The Chief Executive Officer of the Howsing and Land Use Regulatory Board
(HLURB)

tb) The Administrator of the National Mapping and Resousce Information Authority
(NAMRIA):

i) President of the League of Cities of the Philippines (LCP),

39


@ President of the League of Municipalities of the Philippines (LMP);

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

(i) Four (4) representatives from the developers’ associations: the accredited
associations of professionals dealing with land use such as, but not limited to, urban and regional
planners, environmental planners, arclitects, weologists and geodetic engineers; the business or
private sectors; and

{m) The Head of the NLUPC Secretariat shall be a nonvoting
er officio member

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

SEG, 57. Powers and Functions of the NLUPC.- The NLUPC shall have the following
powers and functions:

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

{b) Formulate the necessary national policy guidelines in the preparation af the country’s
physical framework plans, including the setting of limits/target key land uses needed for protection,
production, settlements and infrastructure for present and future needs;

(©) Frsure dat policies, guidelines and standards on land use and physical planning,
including zoning. shall be followed by the RILUPC. local Jand use boards and concemed national
ayencies, and that the RPFP, PPFP and CLUPs shall be consistent with the NPEP;

(4) Ensure the consistency of other national development and sectoral plans and
prograins, inchading the medium-term Philippine Development Plan und Public Lavestment
Program (PIP), with the NPFP;

(@)__Integeate and harmonize all kxws anit policies relevant to land use im order to come wp
with a rational, cohesive, and comprehensive national land use fransework and, if warranisd,
recommend to Congress the adoption, passage or amendment of laws to ensure that sectoral plans,

40


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

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

(2) Issue locational elearanee for projects of national significance;

(hy Calf on any department, bureau, office, agency, or instrumentality of the government
‘and or peivate entities and organization for cooperation, support, and assistance in the performance
of its functions:

(i) Review the NPFP every ten (10) years;

() Advise the President of the Philippines and the NEDA Board on all maiters
concerning land use and physical planning:

(Adopt rules of procedures for the orderly and expeditious conduct oF nicetings and
other business of the Council: ancl

{1} Perform such other acts and functions and exercise such other powers ax may be
necessarily implied, inherent, incident, or related te the foreguing,

SEC. $8. The NLUPC Sevretoriat. ~ The evisting nit of the NEDA in charge of Land Use
‘and Physical Planning Division shall act as the NLUPC Secretariat which shall perform functions
such as, but not limited to, managing information, gathering of data, coordinate the monitoring of
goverment agencies and LGUs, ensuring multi-stakcholder participation towards formation of
local land use policy boards, sharing of data base and mapping systems, and reinforcing
relevant assessment tools and capability-building programs

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. $9. The Regional Land Use Policy Council (RLUPC). — At the regional fevel, the
Regional Land Use Committee (RLUC) is hereby abolished! and, in its stead. the RLUPC shall be
created, The RLUPC shall be institutionalized, replicating the NLUPC structure and composition. It
shall be chaired by the NEDA Reginnal Dircetor and shall exereise the fallowing funetions:

ja) Formulate regional policies and guidelines which are consistent with the natio
plavning guidclines iswed by the NLUPC in the preparatiin and formulation of the respective
provincial physical plannixg and comprehensive land use plans of LGUs within its jurisdiction:

tb) Prepare and periodically update the RPFP, taking inio conskeration national polices
and lower level plans:

(©) Reviews, prior to adoption by the respective singvunians. the PPFPs and CLUPs of
highly-urbanized and independent component cities to ensure consistency with the RPFP and

41



national policies set forth by the NLUPC;
(d) Decide and resulve policy conflicts on Jand use phanning, classification, and

allocation hat may arise between or among regional lin: ayencies, provinces and

citiesmunicipalities:

(©) Monitor changes in land use and other physical resources in the region:

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

(g} Evaluate consisteney of major programs and projects of regional agencies and entities
with the RPFP and their impact on Ind use and the environment; und

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

In forestland ust management, where the watershed ancacontinuum covers several
municipalities across different provinces, an inter-LGU task force composed of representatives
from the RLUPC and the concemed municipal local government units where the watershed area is
located shall be formed. With the assistanee of the DENR und upon mandatory consultations with
the concemed sectors, the inter-LGU task force shall formulate the watershed management plan for
the snidl watershed area,

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

SEC. 61, Powers and Responsibilities of the PLUPMB.- The following are the powers and
responsibilities of the PLUPMB.

fa} Formulate necessary provincial planning guidelines and/or implementing policies for
the preparation and formulation of the respective CLUPs within its jurisckcton consistent with
approved national and regional planning policies and guidelines:

th) Submit to the PDC the draft CLUP for its tansmision two the sangguniang
panlalawigan and for the POC to use it us reference for consistency and complementation wi

other development plans:
42



(ec) Review, monitor and assess the implementation and operationalization of the
approved CLUP and its consistency with physical planning and fand use management objectives
and goals identified in the CLUP,

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

{e) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arige between or among citiew/mwnicipalities and facilitate the resolution of'any
unresolved land use conilict, including political boundary conficts, at the city/municipality level;

() Advise the sangguniang panlalawigan on all maticrs pertaining to fand use and
physical planning;

(2) Promote cooperation and sharing of resources between and among component LGUs
of the province or with neighboring LGUs to address common land use and development issucs
inciuding those related to geo-physical hazards, watershed and river basin management, coastal and
marine waters, climate change impact and disaster risks: and

(hy Assist the sangguniang panlalzwigan in reviewing the submitted CLUPs of

component cities/municipalities to ensure consistency with the PPFP.

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

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

(a) Provincial Manning and Development Coordinator [PPDC):

(b) Chairperson of the Sangguniang Panlalawigan Committce on Environment and
Natural Resources;

le) Provincial Chapter President-League of Munici

(4) Provincial Agrarian Reform Officer (PARQ);

{e) Provincial Envirceament and Natural Resources Officer {PENRO}:

{Provincial Agricultural Officer {PAO};

4) NCIP Provincial Officer:

(ti) HLURB Regional Officer;

(i) Thce (3) representatives from the local business or private sector; the developers’
association and accredited associations of professionals dealing with land use such as, but not

ities and/or League of Cities;

43


limited 10. usban and regional planners. environmental planners, architects, geologists, geodetic:
engineers: and chamber of commerce, who shall be appointed from among the accredited
‘organizations within their respective development councils;

() Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers
and indigenous peoples): Pravadéd, That at least two (2) representatives shall be wamien: Proviited.
Jurther That the representatives shall be appointed from among the accredited organizations within
their respective development councils: Provided, finatly; That. in predominantly Mustim areas. one
‘of whom shall be from the Moro sector: and

ik) Designated Board Chairperson. to be chesen among the members.

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

Aside from the PPDO, the PLUPMB may call upon other local and national yovernment
offices and agencies such as the local Engneer, Assessor, and locall field represematives of the D4,
DPWH. the Department of Transportation and Communications (DOTC), DOT, DENR, DAR, the
Departement of Education (DepED), NCIP and other concerned national

ygencies to assist the
PLUPMEB in the performance of its roles and mandates.

‘Appropriations for the regular operation and activities of the PLUPMB shall be included in
the annual budget proposal of the PPDO: Provided, That other funds snd resources. including
rants, applicable service fees and changes collected, contributions, donations. and other finds to
suppo:t its operations and activities may he accepted and roceived by the PLUPMB, subject to
oxisting auditing and reporting procedures.

SEC. 63. Citveitunicipal Land Use Planning and Management Board (CMLUPMB). ~ 6
C/MLUPMB is hereby created under this Act in all mumicipatities and cities. ineluding
highly-urbanized and component cilies. to oversee the preparstion, integration, adoption and
approval of their respective CLUPs. It shall issue a Certificate of Compliance prior to the
submission of the CLUP to the sunggunian to ensure the consisieney of such plans with approved
national, rogional and provincial planning guidelines. The C/MLUPMB shall also be dircctly
responsible for the effective management and implementation of the approved CLUP and for
‘ensuring that existing and future local policies. including ZOs. development initiatives. programs

44


‘and projeets introduced! within its jurisdiction, are consistent with and supportive of

the land use resource management and physical planning objectives, direetions and character
identified by the approved CLUP,

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

(9) Ensure the inclusion of the input of the baringays within the jurisdiction of the
respective city/municipality on sectoral, temporal and spatial dimensions of the plan and iss
consistency with approved national, regional and provincial planning yuidelines;

(b} Review, monitor and assess the implementation and operationalization of the
upproved CLUP and its coasisioncy with physical planning and land use management objectives
sand goals identified in the CLUP:

() {sue a Certificate of Compliance to the sanggunian as proof that the CLUP is
compliant with national land use polices, guidelines and standards:

(4) Submit jo the LDC jhe drait CLUP for its transmission « the sangyunian and For the
LDC to use it as basis for consistency and complementation with other development plans;

{@) Decide and resolve policy conilicts on land use planning, classification, and
allocation that may arise between or among barangays and fucilitate the resolution of any
unresolved land use cunilici, including boundary conflicts, involving barangays:

() Based on the CLUP. review and endorse for approvil/disupproval applications for

Incational clearances. building and zoning permits and/or other planniy-related requirement for
any project, both private and public, that is submitted lo the LGU for issixanee:

{gh Advise the sangguniang bayan on all matters pertaining w land use and physical

planing: and

(h) Promote cooperation and sharing of resourees between and among its barangays and
neighboring LGUs te adklress common land use anid development issues, including those related to
geo-physical hazards, watershed and river basins, coastal und 1
and disaster risks,

rine waters, clintate change impact

SEC. 65. Composition of the C/MLUPMS8. — The C/MLUMPPB shall be composed of the
following thirtgen (13) members und shall be headed by & Chairperson:

fa) —_City/Municipal Planning and Developnient Coordinator (C/MPDC:

{b) — Chaitperson. Sangguniang Bayan Commitiee on Environment and Natural

45


Resnurees;

(©) President of the Association of Barangay Captains (ABC);

(9) Municipal Agrarian Reform Officer (MARO):

() LGU Environment and Natural Resources Officer (City’Municipal ENRO),

(0) Municipal Agricutture Office (MAQ};

{e) Three (3) representatives from the local business-private sector; the developers’
associations: the accredited associations of professionals dealing with land use such as, but nol
limited 10, urhan and regional planners, environmental planners, architects. geologists and geodetic
ungincers: and association/chamber of commerce. who shall be appointed from among the

accredited organizations within their respective development councils;

(hy Four (4) representatives trom the basic sector groups (urban poor, fisherfolk, farmers
amd indigenous peoples}: Provided. That «i least two (2) representatives shall be women: Provided,
further, That the representatives shuli be appointed from among the acercdite organizations within

their respective development councils: Provided, finally: That. in prodominantly Muslim areas, one
of whom shall be from the Moro sector; and

(i) Designated Board Chairperson. to be chosen among the members,

Except for ex aificto members, (he members of the C/MLUPMB shail be appointed for a term
of three (3) years, subject, however, to the elected office held, government employment andior
official designation in the LGLI, national ageney andor loca! business/private sector association or
basic sector group representation in the board. The NLUPC. within ninety (90) days from its
establishment, shall formulate the rules for the selection of the Chairperson and members of the
C/MLUPMB, The City’Municipal Planning and Development Office’Coordinator (C/MPDOICY
shall provide technical secretariat and administrative support and resources tor the effective
operation of the CMLUPMB.

Aside from the CMPDO:C. the C/MLUPMB inay call upon other focal and national
government offices and agencies. such as the local Engincer, Assessor. and local fickd
representatives of the DA, DPWH, DOTC, DOT, DENR, DAR. DepED and other concerned
national agencies. to assist the C/MLUPMB in the performance of its roles and mandates,

Annual appropriations for the operation and activities of the C/MLUPMB shall be inclaxed in
the annual budget proposal of the C/MPDOIC: Provided. That other funds and resources, including
grants, applicable service fees and charges collected, coniributions, donations, and other funds 10
support its operations and activities may be accepted and received by the PLUPMB. subjcet 1
existing auditing and reporting procedures,

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

46


CHAPTER VIE

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

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

SEC. 67. Approval of the RPFP and the NPFP.—The RPFP and the NPFP shall be submiticd
for review and approval of the RLUPC and the NLUPC, respectively, upon the conduct of
appropriate stakeholder and agency consultations: Provided, That such processes and guidelines

shall be prepared and issued by the NLUPC within six (6) months from effectivity of this Act.

CHAPTER VIL
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC. 68, National Mapping and Spatial Data Infiastrncture Program (NMSDIP). — A
ational mapping program shall be implemented, coordinated and monitored through the creation of
the Inter-Agency Technical Committee (ITC} composed of the NAMRIA as the lead agency, the
Bureau of Soils and Water Management (BSWM), the Forest Management Bureau (FMB). the
LMB, the Land Registration Authority (LRA), the Protected Areas and Wildlife Bureau (PAWB),
the MGB, the Philippine Institute of Volcanology and Scismology (PHIVOLCS). the DAR, the DA,
the NCIP, the National Water Resources Roard (NWRB), the Department of Energy (DOF). the
National Disaster Risk Reduction and Management Council (NORRMC), the NEDA, and other
concerned government agencies, The ITC shall be constituted, and the mapping and spatial data
infrastructure program shill be initiesed within thisty (30) days frou the effectivity of this Act. The
program shall be responsible for the production of base and decision maps and associated spatial
databases for ul! planning levels based on the guidelines of the NLUPC,

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

All pertinent and updated thematic maps/dala from supporting agencies of the program shall

47


te submitted to the NAMRIA for compilation and integration into a national geospatial database
established under the program.

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

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

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

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

Pertinent maps to be produced through the NMSDIP shall include, among. others:

(2) Topographic maps;

(>) Geologic maps;

(©) Hydrologic maps:

(d) Climate maps;

fe) Soils maps;

(9 Slope maps:

(a) Mineral resouree maps;

(0) Existing land use maps:

18) Land suitability maps for

(1) Settlements;
Agriculture;
(3) Industrial areas, and
14) Others:
Gi) Agricultural maps:
(1) Network af NPAAAD;
2) Commodity specific development guide maps:
G) Land limitation maps;
4a


(4) Cropping system zones maps;
(3) Hydro-ecologicat conditions maps, and
(0) trvigation systems maps;
(&) Land classification maps:
(1) Municipal waters delineation mans and MPAs;
(=) Geo-havards maps:
(1) Flood-prone areas;
(2) Hazard zonation maps for voleenoes;
(3) Map of fiult systems:
(4) Faunamé-peone areas; and
(5) Erosion-prone areas:
(0) Tourism maps;
{o) Transportation maps;
(p) Trafic: flow;
(q) Maps designating ares served by:

(1) Power:
(2) Telecommunications; and
Gg) ‘Water:

(©) Maps indicating the following facilites:
() Bealth:
(2) Education; and
oo Power,
(s) Domestic water supply;
(0 Industrial areas;
(w) Population distribution map:
(8) Ancestral domain map;
{w) NIPAS seas;
{x} Areas suitable for urban expansion:
{y) Watershed areas: and
(2) Forestlands:
40) Protection areas:
a Production areas; and
@) Restoration arcas:
0) Key biodiversity areas; and
w Marine protected areas.

49


SEC. 70. Ground Delineation of the Country's Permanent Forest Line.

Pursuant Jo the Constitution and hereby provided fir under this Act, the final determination
and ground delineation of the country’s permanent forest tine shall be completed within ane (1)
year from the effectivity af this Act Provided, That appropriations for the fulfillment of this
provision shat! be included in the annual appropriations of the DENR: Privided. fvther: That the
complete report of the dclincation of the country’s permanent torest Line shall be subminted to the
NLUPC for appropriate integration in the country’s strategic land use development plan and
policies.

SEC. 71. Completion cnt Upntating of Exixting: Cadastral Surveys, ~ The completion of
incomplete cadastral surveys of LGUs and the updating of existing surveys shall be wiven priority
consideration and allocation of resources in the implementation of this Act, The DENR shall
include in its annual appropriations the completion and updating of all incomplete and existing,
cadastral surveys of all LGUs in the country: Provided, That such surveys and maps shall be
Jtegrated into the national spatial database information and mapping system,

Tn cases of ancestral domains, self-delineation by KCCs1Ps of their ancestral lands shall be
‘employed to determine boundaries as provided for under the IPRA.

SEC. 72, Ground Delineation of Land Use. ~ For eft
level and for the easy enforcement of the ZO of each cityimunicipality. land uses must be
identifiable both on the map and on the ground. A joint committee comprised of the LGU. as
represented by its M:CLUPM, and of the national government agency cencemed, to be assisted
by the CMPDC, shall ideutify and delineate on the ground the land uses within their jurisdiction.
The following shall be given priority’:

planning. 10 take plice at the local

(a) Forestlands:

41) Protection, and

(2) Production;

(9) Ancestral domains:

«e} NIPAS areas;

(1) Strict protection zone: and
2) Maltipie-use cone;

(4) Watershed areas:

(1) Critical; and

(2) Multiple use:

te) Network of NPAAAD:
50


(1) Socialized housing sites und settlement expansion areas;

(g) Extents of environmentally-constraitted areas;

th) Easement areas: and

(i) Critical coastal areas;

(1) Mangroves; and

2) Sea grass,

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

All maps shall be updated ax new important information and data become available ot as
determined by urgent need. Updating of maps shall be underiaken not more often than every ten

(0) years,

SEC. 73. National Geo-hazard Mapping Program, ~ Within thirty (30) days from the
effectivity of this Act, a nationwide geo-hazard mapping progrom shall be initiated jointly through
the NLUPC by the PHIVOLCS, the Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA), the NAMRIA, the MGB, and the DOE, in coondination with
the NDRRMC. the Regional Disaster Risk Reduction Management Councils, and other concerned
government agencies. The program slall inclede the generation of indicative geo-hazard zoning
:maps that will outline areas in the Philippines which are prone to fiquefsction, landslides, flooding,
Jahar, ground rupturing, rsrnamé, river evasion, coxstal erosion, sinlchole collapse, carthquake, lava
flow, pyroclastic Mow, base surge, and other natural huzards.

Fer purposes of uniformity and standardization and in onder ty develop a safe-built
exvironment, the LGUs shall subsequently incorporate and integrate the generated geo-hazard
zoning maps into their respective CLUPS and 20s, Said gco-hazard maps shall serve as guide for
all the LGUs in the preparation of theit own huzards-constrained development plans. The NPFP
shall incomporate these geo-hazard maps,

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

SEC. 74. Scope aud Nature of Respousibititics of Other National Government Agencies. ~ All
concemed national government agencies/bodies shall periodically report to the NLUPC on the
various activities and accomplishments on land use, Likewise, they shall provide their respective
secioral/development plans and provide technical and administrative support if eatled upon by the

51


NLUPC for the implementation of the provisions of this Act.

SEC. 75, Submission of Annual Report on the Implementation of CLUPs and ZOs. = The
jocal land use boards shall submit their annual report on the implementation of their land use
plans to their respective sangyunian which shal) submit the same to the RLUPCS for
consolidation. The RLUPC shall thereafter transmit the consolidated reports to the NLUPC for
monitoring and evaluation,

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION
SEC. 76. fasties Formation, ~ In order to develop a well-informed, responsible and
committed citizenry who value the proteetion, conservation and development of the country’s
limited land, and other physical resources, the State shall mandate the inclusion of sustainable land
use education or any subject related therete in the curricula of primary, secondary and tertiary
education,

SEC. 77, Injormation/Eiducution Campaign and Capacity Building, = The NLUPC shi
undertake « nationwide information’education campaign on lanwl use and physical planning to be
implemented by local and national government agencies. The DILO and concemed agencies shall

formulate and implement a land use management capability building program for national and local
government officials. community leaders, representatives of NGOs, POs, the religious sector, andl
the general public.


CHAPTER X INCENTIVES, SANCTIONS AND PENALTIES.
ARTICLE
INCENTIVES AND AWARDS
SEC. 78, Formulation of a System of incentives and Awards. - The NLUPC shall come up
with a system of incentives and awards to LGUs that regularly update their CLUPs/ZOs once
every eight (8) years

SEC 79. Priority in Giving Technical Assistance to LGUs. - In providing technical
assistance and other forms of support related to land use management and implementation of
development plans, national government agencies shall give priority to cities and
municipalities with approved CLUPs and Z0s.

ARTICLE 2 SANCTIONS AND PENALTIES

SEC. 80. Fine for Faiture to Commence or Complete the Development of Agricultural Lands
with Approved Conversion Order. — For agricultural lands with approved conversion orders. the
provisions of Republic Act No, 6657 (CARL), as amended by Republic Act No. 9700, shall
apply. A landowner and/or the designated developer or duly authorized representative whe fail to
commence and/or complete the development plan defined in the conversion order shall be jointly
and severally penalized. The following fines based on the yonal value or the fair market value,
whichever is higher of the land at the time the fine shall be imposed:

@ Failure to commence within iliree (3) years fiom the date of the conversion order;

(1) Thive percent (3%) for the first three (3) hectares;

(2) Ten percent (10%) for the next three (3) hectares; and

(3) Fiftcen pervent (45%) for the remaining area.

In such case, the arder of conversion shall be revoked by operation of law. The land shall
revert to its original use as agricultural fand and may be covered by the DAR through compulsory
acquisition for distribution to quallified beneficiaries.

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

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

53



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

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

SEC. 82. Penalty for Reclassification af Protected Agricultural Lands and Exceeding the
Limit of Areas Allowed for Reclassification. — Any person initiating, causing, Inducing, or
abetting the reclassification to nonagricultural uses of protected agricultural areas as defined
in Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a fine of not
less than one hundred thousand pesos (P100,000.00), or both, at the discretion of the court.

Ifthe offender is a public official or employce, whether elected or appointed, the penalty shall
alse include distnissal from service, forfeiture of all benefits and entitlements aceruing to the public
position, and perpetual disqualification to nm or apply fr any elective or appointive public office.

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

‘The same penalty shall be applicable to persoxs whe will be responsible for execeding the
imits set forth under Section 20 of the Local Government Code pertaining to reclassification of
lands.

SEC. 83, Pavment of Disterbance Compensotion. — Following the order of priority stated in
Section 22 of Republic Act No, 6657, as amended by Republic Act No. 9700, agricultural lessees
and share tenants, regular farm workers, seasonal farm workers, other farm workers, actual tillers or
‘occupants of public lands, collective, or cooperative of the above beneficiaries, and others directly
working on the land affected by agricultural land use conversion, shall be entitied to the payment of
disturbance compensation equivaient to five (3) times the average of the gross harvests on the
landholding dusing the preceding five (5) calendar ycars or a certain percentage of the converted
land, whichever is higher, as determined by the DAR.

54


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

SEC. 85. Withdrawal of Local Developarent Permits andlor Licenses. — Upon receipt of
notice from the DAR, the concemed agencies, city or municipality shall withdraw and/or revoke
any development permnit and/or other licenses that may he necessary to develop the agricultural land
subject of conversion.

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

SEC. 87. Failure to Formulate, Implement wnlor Enforce the CLUPs and ZOx.—Consistert
with due process, the NLUPC, in coordination with the DILG_ shall evaluate, review, and
recommend the filing of changes against local chief’ executives and other local officials andl
‘cmployces responsible for the formulation, implementation and/or enforcement of the CLUPs in the
following cases:

{) Failure of the CLUPYZOs to confor to the guidelines provided in the NPFP;

{b) Failure to complete the preparation of the CLUP despite the availability of fitnds,
resources, and support by the sangguniian concerned;

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

(2) Failure to implement and enforve the CLUP/ZO due to negligence of dry

Any public official or employee, whether clected, appointed or holding office‘employment in
4 exsual, temporary, holdover, permanent, or regular eapacity, found to be responsible for any of the
foregoing acts, shall be punished with forfeiture of saliries and sMowances, and suspension from;

ja) Thiree (3) to six (6) months, in ease of noncompletton of the CLUP; or

{b) Three (3) tv six (6) months, in case of nonconformity with the NPEP: or

fe) Six (6) 10 nine (9) months, in case of nonimplementation of the CLUP.

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

SEC. 88. Megal Conversion of City or Municipal Parks, Communal Forests, and Tree Parks
in Subdivisions. — Penalties in the amount of one hunded thousand pesos (P100,000.00) to five
hundred thousand pesas (P50#,000.00) or imprisonment af six (6) years and one (1) day 10 nwelve
(12) years, oF both, at the discretion of the court shall be imposed for each of the following
offenses;

55


{0} Tilegally converting oF causing the conversion of a city‘manicipal park, communal
forests, oF tree parks within subdivisions established pursuant to Presidential Decree No. 953
requiring the planting of trees in certain places into other uses, including the construction of
permanent buildings;

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

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

{) Assisting,

ing oF abetting another person to commit the offenses stared in this

section,

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

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

All impcovements made therein, as well as all vehicles, domestic animals, and equipment of
any kind used in the commiysion of the offense shall be forfeited in favor of the goverment

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

CHAPTER XI

TRANSITORY AND FINAL PROVISIONS

SEC. 89, Mandatory Revi
mandatory review of this Act at least once every ten (10) years from its effectivity or as often as it
may be deemed necessury to casure that land use policies and guidclines remain responsive to

y Every Ten (10) Years. ~ The Congress shall undertake a

changing circumstances.
For this purpose, the Congress may call on to the NLUPC to undertake the noccssary research
and consultations,
SEC, 90. Convening of the NLUPC. — Within thirty (30) days trom the effectivity of this Act,
the Chairperson shell convene the NLUPC, The Head of the NLUPC Scerctariat shall immediately
assume his/her position.

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SEC, 91. Jmplementing Rules and Regulanions, — Within ninety (90) days from the effectivity
of this Act, the NLUPC shall promulgate its implementing rules and regulations (IRR) including the
rules on the selection of the members of the COMLUPMB and the PLUPMB. It stall take effect
fiftcen {15} deys alter its complete publication in the Official Gazette or in at least two (2)

newspapers of national circulation.

SEC. 92, Congressional Oversight Committe on the Land Use Act, — A Congressional
Oversight Committee on the Land Use Act shall be ereated. It shall be composed of seven (7)
members from the Senate and seven (7) members from the House of Representatives. The members
fiom the Senate shall be oppointed by the Senate President based on proportional representation of
the parties or coalitions therein, with at feast two (2} Senarors representing the minority. The
members from the House of Representatives shall te appointed by ihe Speaker of the House of
Representatives, nlso based on proportional representation of the parties or coalitions therein, with
at least two (2) members representing the minority,

The Oversight Committee shall function for a persod of mot more than three (3) years to
oversee the implementation of this Act, The secretariat of the Oversight Committee shall be drawn
from the existing secretariat personnel of the committees comprising the oversight.

SEC, 93, Transfer" of Powers and Functions. — The fanetions of the HLURB on land use
planning as provided for under Sections 5(a), 5(). 51c), 51d), 3(e), and 5(f) of Executive Order No.
648. series of 1991 and Exeeutive Order No. 72, scrics of 1993, shall be immediately transferred to
the NLUPC and its appropriate subnational LGU structures, except as provided in Section
55 hereof. Nothing in this Act shall be construed to transfer or limit the functions embraced within
the said provisions that pertain to or relate to HLURB noaplanning functions.

SEC. 94. Appropriations, — The amount needed for the initial implementation of this Act
shall be changed against the current year’s appropriations of the NB-NLLIC. Therea( ler, such sums
‘as may be necessary for the continued implementation of this Act shall be included in the anmul
Genera} Appropriations Act.

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

SEC. 96. Access to Information, ~ Access t© reeotds and documents pertaining to official
acts, transactions, or decivions as well as to data used as basis for policy development by the
Ss?


NLUPC shalt be made available to the public.

SEC. 97. Repewliag Clause. — Section 10 of the AFMA and Sections 447 (a2vii) and 458
(a2viii} of the Local Government Cody and their related laws and adkninistrative issuances are
hereby modified by Section 13 bereof, ‘The pertinent provisions of Executive Order No. 648,
Executive Onler No, 72, series of 1993 and Executive Order No, 770, series of 2008, amending
Letier of Instruction (LOD No. 1350. are also modified accordingly, Section 11 of the AFMA as to
the penalty for agricultural inactivity and premature conversion is also madified by Section 83
hereof, LOL No. 1350, series of 1943; Presidential Proclamation No, 2282, series of 19X83; and all
other general and special laws. acts. decrees, executive orders. proclamations and administrative
regulstions or any part thercof which are inconsistent with this Act are herehy repealed oF modified
accordingly.

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

SEC. 98. Non-impairment Clause. — Nothing in this Act shall be construed as to diminish of,
impaie rights revognized, granted, oF available to marginalized or the basic seciors under existing
aws including. but not limited to, Republic Acts Numbered 7279: 6657. as amended by Republic
‘Act No. 9700; $371; 9850: and 7942.

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

SEC. 100, £ffectiviry. — This Act shall take effect fifteen (15) days after its publication in

the Official Guzette or in ut least two (2) national newspapers of general circulation.
Approved.

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