Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO._2139

Introduced by Representative LEILA M. DE LIMA

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS, CREATING FOR THE PURPOSE
THE NATIONAL LAND USE COMMISSION, AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

Article XII, Section 2 of the 1987 Constitution states that “[a]ll lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated.”

Land use misgovemance is a long-standing issue in the Philippines. It is said
that this is mainly due to the non-institutionalization of a national-level framework for
land use and the lack of harmonization of sector-specific laws on land resources.’
Although there are already existing laws related to land resources in the country, the
coverage of these laws is limited to specific sectors, such as those devoted for
agrarian reform, protected areas, ancestral domain, fisheries, forestry, agriculture
modernization, mining, housing and urban development, and disaster risk reduction
and management.?

The most often cited illustration of conflict in the use of land is the indiscriminate
conversion of agricultural land to non-agricultural uses.’ This Representation believes
that the passage into law of this measure would definitely put an end to illegal
conversion of prime agricultural lands to other uses. By enacting a Comprehensive
Land Use Act, we would prevent destructive developments and exploitation of land

‘Navarro, Adoracion. (December 2023). The Need for a National Land Use Act in the Philippines.
Philippine Institute for Development _— Studies (PIDS)._~—Retrieved from
https://pidswebs. pids. gov. ph/CDN/document/pidsdps2340.pdf.

Ibid.

3 Navarro, A. (December 2023).


areas to the point of endangering the livelihood of our farmers and help us achieve
food security and food sufficiency.

The proposed National Land Use Act institutionalizes a comprehensive land
use policy to ensure the sustainable use of our country's land and physical resources.
This aims to provide a holistic approach and mechanisms for identifying, determining,
and evaluating appropriate land use, allocation for food security, water security,
energy security, settlements, infrastructure development, industry development,
environmental protection and protection of the rights of basic sectors to equitable
access to the country's land.

In this measure, the National Land Use Commission shall be created. This
Commission shall serve as the highest policy-making body on land use and resolve
land use policy conflicts between or among agencies, branches, or levels of the
government. It shall coordinate efforts towards the development of integrated land use
plans at the national, regional, provincial, and municipalicity levels, and monitor the
implementation of all land use plans, including relevant policies.

‘The passage of this bill has been a priority measure of the four past Presidents
of the Philippines. Similar measures were also approved on third and final reading
during the 15", 16", 17" and 19" Congresses of the House of Representatives but
were unfortunately not enacted into law. This Representation, as a former Senator,
also co-authored the same bill with Senator Francis “Kiko” Pangilinan during the 18"
Congress but it remained pending at the committee level

Needless to say, the enactment of a National Land Use Act is overdue as efforts
to pass this significant legislation already span over three decades.

Through this measure, aside from integrating and harmonizing our conflicting
laws, policies, principles and guidelines on land use and physical planning, we are
upholding social justice and promoting sustainable development for the benefit of our
country and people.

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

dtshesd der


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

House BILL No. 2139

Introduced by Representative LEILA M. DE LIMA

AN ACT
INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE
IMPLEMENTING MECHANISMS, CREATING FOR THE PURPOSE
THE NATIONAL LAND USE COMMISSION, AND APPROPRIATING
FUNDS THEREFOR

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

CHAPTER!
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “National Land Use
Act’.

SEC. 2. Declaration of Policy. - All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not be
alienated

Pursuant to the constitutional mandate, it is the policy of the State to provide
for a rational, holistic, and just allocation, utilization, management, and development
of the country’s land to ensure their optimum use to promote sustainable
socioeconomic development and ecological protection.

The State recognizes the need for rational, optimal and sustainable settlements
development, consistent with the principles of environmental management and
equitable access to land and security.

Toward this end, the State institutionalizes land use and physical planning as
mechanisms for identifying, determining, and evaluating appropriate land use and
allocation patterns that promote and ensure:


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Sustainable management and utilization of natural resources;

Maintenance and preservation of environmental integrity and stability,
specifically the perpetual protection of permanent forests and watershed
and ecosystem services for the attainment of food, water and energy
sufficiency;

Disaster risk-reduction and climate change resiliency;

Protection of prime agricultural lands for food security in basic
commodities with emphasis on self-sufficiency in rice and corn;

Water security through sustainable development and management of
water resources;

Provision of adequate and efficient settlements, transportation and
infrastructure development in support of urban, peri-urban, and rural
linkages towards regional development and inclusive growth;

Harmony between the rights and the varied interests of every Filipino
within the framework of people empowerment, decentralization, social
justice, and equity;

Respect for and protection of the sustainable traditional resource rights
of the Indigenous Cultural Communities/indigenous Peoples (ICCs/IPs)
to their ancestral domains to ensure their economic, social, and cultural
well-being as well as recognition of the applicability of customary laws
and sustainable traditional resource use and management, knowledge,
and practices in ancestral domains in compliance with free and prior
informed consent of ICC/IPs;

Protection of the rights of basic sectors to equitable access to the
country’s land;

Protection, preservation, and development of the country’s historical,
cultural, archaeological, and built heritage resources for the deeper
understanding of our history and culture as a people;

Attainment of energy security and self-sufficiency;

A whole-of-society and whole-of-government orientation, through which
thrusts and strategies espoused by different actors and sectors are
heard and brought together to achieve complex and interrelated goals,
is encouraged and adopted as a basic parameter in achieving efficiency
in land use and allocation, within the framework of ecological
development and equity;


m) Promotion of the integrated approach to land use and urban transport
planning to effectively manage growth in urban areas and ensure that
the capacity of transport facilities can accommodate the demand for
movement of passengers and goods to, from, and within the centers of
‘socioeconomic activities;

n) Vertical and horizontal linkages or spatial strategies and the potential for
co-management and  inter-locality cooperation across _ territorial
jurisdictions and government levels, highlighting the imperative for a
ridge-to-reef and ecosystem-based approach to land and water resource
management and governance; and

©) Data and evidence-informed management and governance of land and
water resources, in line with the place-based aspirations and shared
values of the community.

Itis also the policy of the State to ensure that local government units (LGUs)
share with the national goverment the responsibility of managing and
maintaining ecological balance within their territorial jurisdiction as stated in the
1987 Constitution and Republic Act RA 7160, as amended, also known as the
“Local Government Code of 1991”. Guided by the principle that the use of land
bears a social function and that all economic agents contribute to the common
good, landowners, land tenure holders, in the case of forestlands, be it an
individual, communal, corporate or group, is held responsible for developing
and conserving their lands, thereby making their lands productive and
supportive of environmental stability

SEC. 3. Scope. — This Act applies to all lands and natural resources in the
country, whether public, private, government-owned or in the possession of any
person, whether natural or juridical, and serves as guide for the rational, holistic and
just allocation, utilization, development and management of the land and water
resources in the country, including such activities that bear impact on those resources.

SEC. 4. Definition of Terms. — As used in this Act:

(a) Agricultural land refers to land of public domain which has been classified
as such and is devoted to agricultural activity, as defined under Republic Act No. 6657,
as amended, otherwise known as the “Comprehensive Agrarian Reform Law of 1988,”
and not further classified for residential, commercial or industrial use and such other
uses as may be provided by law;

(b) Agricultural land use conversion refers to the act or process of changing the
current physical use of a piece of agricultural land into some other use not comprising
an agricultural activity, as defined under RA 6657, as approved exclusively by the
Department of Agrarian Reform (DAR) in an order of conversion;


(c) Alienable and Disposable (A&D) lands refer to lands of the public domain
which have been delineated, classified, and certified as open and available for
disposition under existing laws;

(d) Ancestral domains refer to all areas generally belonging to indigenous
cultural communities or indigenous peoples, as defined in Republic Act No. 8371,
otherwise known as “The Indigenous Peoples’ Rights Act of 1997;”

(e) Archaeological site refers to any place, whether above or underground,
underwater or at sea level, containing fossils, artifacts and other cultural, geological,
botanical, zoological materials which depict and document culturally relevant
paleontological, prehistoric or historic events;

(f) Basic sector refers to a group of people not referring to any organized
groups, such as but not limited to women, youth, elderly, differently abled, peasants
and fisherfolk;

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

(h) Comprehensive Land Use Plan (CLUP) refers to a plan embodying a set of
policies accompanied by maps and similar illustrations that serves as a policy guide
for determining the future use of lands and natural resources within the territorial
jurisdiction of the LGU, including municipal waters with due consideration to the
biogeographic region within which the locality belongs representing the community
desired pattern of population distribution and proposed future allocation of land and
resources to various activities including the processes and criteria employed in such
determination of allocation of land and resources for a long-term management of the
local territory covering a minimum period of twelve (12) years, reviewable not earlier
than every six (6) years;

() Comprehensive land use planning refers to the act of defining the allocation,
utilization, development and management of all lands and water resources within a
given territory or jurisdiction according to the inherent characteristic and carrying
capacities of the land itself and supportive of sustainable economic, demographic,
socio-cultural and environmental objectives as an aid to decision-making and
legislation;

() Critical habitats refer to areas outside protected areas as defined in Republic
‘Act No. 7586, otherwise known as the “National Integrated Protected Areas System
Act of 1992”, that are known habitats of threatened species and designated as such
based on scientific data taking into consideration species endemicity or richness,


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presence of human-made pressures or threats to the survival of wildlife living in the
area;

(k) Critical watershed refers to a drainage area of a river system supporting
existing and proposed hydroelectric power, irrigation works or existing water facilities
needing immediate protection and rehabilitation to minimize erosion and improve
water yield;

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

(m) Cultural property refers to all products of human creativity by which a people
and a nation reveal their identity, including churches, mosques and other places of
religious worship, schools and natural history specimens and sites, whether public or
privately-owned, movable or immovable, and tangible or intangible;

(n) Customary laws refer to a body of written or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted, and
observed by respective ICCs/IPs, consistent with RA 8371;

(0) Development plan refers to the activities and measures that the national
government or LGUs intend to implement over a specified period of time to achieve
the defined set of development goals identified in the national or local physical
framework plans integrating socio-economic, financial, fiscal, legal and legislative
institutional and sectoral plans of the national government or any of its
instrumentalities or a particular LGU, consistent with the objectives identified in spatial
plans, such as land use plans or physical framework plans including an analysis of
problems and resources, definition of goals and objectives, policy guidelines,
programs and projects, and an implementation mechanism which defines the roles
and contributions expected from the government and the private sector;

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

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

(") Energy resources refer to surface or subsurface substances that serve as
energy resources including traditionally mineral fuel deposits such as coal petroleum,
natural gas or renewable resources from geothermal, hydro reservoirs or non-


conventional sources such as ocean waves, solar, wind, biomass, and other similar
resources which serve the same purpose;

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

(t) Exhausted mineral resources refer to specific sites where the mineral
resources are no longer in sufficient quantity or quality to justify additional expenditure
for extraction or utilization as determined by the Mines and Geosciences Bureau and
approved by the Department of Environment and Natural Resources (DENR);

(u) Flood plain refers to relatively smooth valley floors adjacent to and formed
by rivers which overflow its banks at flood stages. The plain usually consists of
unconsolidated fine sediments such as sand, silt, and clay;

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

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

(x) Forest refers to an ecosystem or an assemblage of ecosystems dominated
by trees and other woody vegetation or a community of plants and animals interacting
with one another and its physical environment;

(y) Forest lands refer to one of the four classifications of land defined in the
Constitution under the public domain determined as suitable for forest purposes and
not classified as mineral land, national park or agricultural land, such as all permanent
forest reserves, forest reservations, and all the remaining unclassified lands of the
public domain;

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

(aa) Geo-hazard prone areas refer to areas frequently affected and/or are
vulnerable or at risk to weather/climatic, hydrologic, geologic and other natural
calamities;

(bb) Heritage zone refers to historical, anthropological, archaeological, artistic
geographical areas and settings that are culturally significant to the country, as


declared by the National Commission for Culture and the Arts (NCCA) and/or the
National Historical Commission of the Philippines (NHCP);

(cc) Illegal conversion refers to an attempt to or an actual change in the use of
land from agricultural to a residential, commercial, or industrial and other non-
agricultural activity, without a conversion grant or clearance based on the
requirements under Section 65 of Republic Act No. 6657, as amended, and to
dispossess a tenant as provided under Section 73 (c) of RA 6657, as amended, when
established from the following instances:

(1) an agricultural land is developed for use in non-agricultural activities without
a DAR Conversion Order;

(2) the agricultural land being converted is irrigated or irrigable;

(3) there is land activity such as, but not limited to, earth filling/dumping, earth
moving/digging, and quarrying, and in each case, bona fide conduct of agricultural
activities on a greater portion of the land developed has ceased; and

(4) Other analogous activities.

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

(ee) Key Biodiversity Areas (KBAs) refer to the most important sites for
biodiversity conservation worldwide which are considered places of international
importance for the conservation of biodiversity through protected areas and other
governance mechanisms and which are identified nationally using simple standard
criteria based on their importance in maintaining species populations;

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

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


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

(ii) Land use planning refers to the rational and judicious approach of allocating
available land resources to different land-using activities, such as but not limited to
agricultural, residential, industrial, commercial, institutional, forest land uses, and for
different functions consistent with the overall development vision/goal of a particular
locality;

(i) Mandatory public hearings or consultations refer to the mechanism of
involving the concemed stakeholders and communities in land use planning, from the
barangay to the national level, to ensure the social acceptability of the plans including
giving notice of hearing or consultation to the concemed stakeholders through
Publication or posting in conspicuous places (including online announcements),
conducting a reasonable number of hearings, and soliciting positions to arrive at a
consensus through public presentations and validation of the planning results
undertaken before the final adoption of the plans;

(kk) Marine protected area refers to a defined area of the sea established and
set aside by law, administrative regulation or any other effective means to conserve
and protect a part of the entire enclosed environment, through the establishment of
management guidelines;

(ll) Minerals refer to naturally occurring inorganic substance beneath or at the
surface of the earth, whether or not under water, and includes all metallic minerals,
and non-metallic minerals such as precious stones, industrial rocks, and building
stones;

(mm) Mineral lands refer to any area where mineral resources are found,
including areas that are established as mineral reservations, areas with active mining
operations; areas with projected mining tenurial rights; and areas declared by court
decisions as mineral lands;

(nn) Mineral reservations refer to areas established and proclaimed as such by
the President of the Philippines upon the recommendation of the Director of the Mines
and Geosciences Bureau through the DENR Secretary including all submerged lands
within the contiguous zone and exclusive Economic Zone

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

(pp) National park refers to forest reservation, essentially of natural wilderness
character, which has been withdrawn from settlement, occupancy or any form of
exploitation, except in conformity with the approved management plan and set aside


as such exclusively to conserve the area or preserve the scenery, natural and historic
objects, wild animals and plants therein, and to provide enjoyment of these features in
such areas including lands and waters of the public domain classified as such in the
Constitution such as all areas under the NIPAS primarily designated for the
conservation of native plants and animals and associated habitats and cultural
diversity;

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

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

(ss) Physical Planning refers to the process of organizing physical activities and
land uses, including settiements, environmental protection, economic activities, and
infrastructure to ensure sustainable, orderly, and optimal siting and coordination of
land uses;

(tt) Prime agricultural lands refer to all contiguous irrigated lands/areas and
irrigable lands already covered by irrigation projects, including all alluvial plain lands
highly suitable for agriculture, not irrigated that have been identified to satisfy the need
for food self-sufficiency and food security and agro-industrial croplands or lands
presently planted to industrial and high value crops that support the viability of existing
agricultural infrastructure and agro-based enterprises, highlands or areas located at
an elevation of five hundred (500) meters or above, highly suitable for growing semi-
temperate and high value crops outside of declared permanent forestlands and
protected forests, and are not located in ecologically fragile and environmentally
critical areas;


(uu) Production land use refers to the most efficient, sustainable, and equitable
utilization, development and management of land for productive purposes which are
not classified for protection land use;

(wy) Protected areas refer to portions of land and water set aside by reason of
their unique physical and biological diversity and protected against human exploitation
including all natural forests and agricultural lands identified and delineated under this
Act:

(ww) Reclassification of agricultural lands refer to the act of specifying how
agricultural lands are classified or used for non-agricultural uses such as residential,
industrial or commercial purposes, as embodied in the land use plan subject to the
requirements and procedure for reclassification undertaken by the LGU in accordance
with Section 20 of Republic Act No. 7160, as amended;

(x) Resettlement areas refer to areas identified by the appropriate national
agency or by the LGU with respect to areas within its jurisdiction which are used for
the relocation of the underprivileged and homeless, as defined under Republic Act No.
7279, otherwise known as the “Urban Development and Housing Act of 1992,”

(yy) Strategic Agriculture and Fisheries Development Zones (SAFDZ) refers to
the areas within the NPAAAD identified for production, agro-processing, and
marketing activities to help develop and modernize, with the support of government,
the agriculture and fisheries sectors in an environmentally and socio-culturally sound
manner pursuant to Section 4 of Republic Act No. 8435 or “Agriculture and Fisheries
Modernization Act of 1997";

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

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

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

(ccc) State Universities and Colleges (SUCs) refer to public higher education
institutions in the Philippines created and established by law which constitutes their
charter and which have independent and separate governing boards;

(ddd) SUC Land Use Plan refers to a campus master plan mandated under RA
11396, otherwise known as the “SUCs Land Use Development and Infrastructure Plan
‘Act’, that contains the allocation and utilization of the land within a campus’ geographic
boundary to meet the required academic and non-academic support services and

10


facilities as well as the campus development programs and projects and the
investment needed to implement them;

eee) Sustainable development refers to the development objective of meeting
the needs of the present generation without compromising the ability of future
generations to meet their own needs consistent with the principles of social equity,
efficiency and environmental integrity;

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

(ggg) Tourism ecozone refers to tourism development areas, outside of
protection lands which have been granted special economic zone status through the
Philippine Export Zone Authority registration and issuance of the required Presidential
Proclamation, with its metes and bounds, delineated by said proclamation, pursuant
to Republic Act No. 7916, as amended, otherwise known as “The Special Economic
Zone Act of 1995";

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

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

(ii) Tourist zone refers to a geographic area with well-defined boundaries
proclaimed as such by the President of the Philippines or by acts of Congress where
development projects for any purpose are initiated and introduced prior to formulation
of a tourism master development plan which are undertaken in coordination with the
Department of Tourism (DOT) and the Tourism Infrastructure Enterprise Zone (TIEZA)
for the enhancement or the conservation of cultural and historical heritage, and for the
appreciation and enjoyment of the local population and its visitors;

(kkk) Transmission line corridor refers to the land beneath, the air spaces
surrounding, and the area traversed by electric power transmission lines including its
horizontal, vertical, and similar clearance requirements;

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


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

(nnn) Urban forest or green space refers to the establishment or setting up of
areas for mini-forest, eco-parks or small nature parks, in both public and private lands,
wetlands, man-made lagoons and lakes systems, riverbanks and shores, grasslands,
roof and rock gardens, lining roads and highways with trees, shrubs, or ornamental
plants, and ground landscaping of schools, hospitals, and other government agencies
in order to improve the environment in urban areas;

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

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

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

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

(sss) Zoning ordinance refers to a local law passed by the Sangguniang Bayan
or Panlungsod approving the development control or zoning plan in accordance with
an approved or adopted CLUP of the city or municipality, providing for the regulations
and other conditions on the land uses, including the limitation on the infrastructure that
may be placed within the territorial jurisdiction of the city or municipality, incorporating
the protected areas, protected agricultural lands and ancestral lands as provided for
in this Act;

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CHAPTER II
PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 5. National Physical Framework Plan. - The National Land Use
Commission (NLUC) created under Section 18 herein shall draft the National Physical
Framework Plan (NPFP), which shall have a timeframe of thirty (30) years, with regular
review and updating every ten (10) years. The NPP, which guides the planning and
management of the country's land and other physical resources at the national and
sub-national levels, shall indicate broad spatial directions and policy guidelines on
settlements development, production land use, protection land use, social services
and utilities, transmission line corridor, and transportation and communication.

The Regional Physical Framework Plans (RPFPs), Provincial Physical
Framework and Development Plans (PPFDPs), and CLUPs shall cover the physical
development of their respective territories and shall be consistent with the NPFP.
Provided, That the integration and harmonization of the physical framework plans at
all levels shall be iterative to ensure that the concerns of both top and bottom levels of
government are considered. The physical and land use plans prepared at all levels
shall have intemal consistency specifically on, but not limited to, the development,
management and conservation of forestlands, watersheds, and all terrestrial, aquatic,
and marine ecosystems found within a given territory and the linkages of the major
land use categories to ensure their complementation in the utilization, development,
management, protection and conservation of all natural resources. The NLUC shall
issue procedural guidelines which shall guide the formulation and integration or
harmonization of land use plans at all levels: Provided, That the National Economic
Development Authority (NEDA), DENR, Department of Human Settlements and Urban
Development (DHSUD), Department of the Interior and Local Government (DILG) and
other agencies will continue to issue specific guidelines on the planning process and
content of the plans consistent with the NLUC guidelines and their respective agency
mandates.

SEC. 6. Regional Physical Framework Plans. ~ In consultation with concerned
sectors, the Regional Land Use Policy Council (RLUPC) shall define the desired
spatial arrangement of land and land-use activities in the entire region, based on the
consolidated and harmonized PPFDPs of provinces and independent cities within the
territorial jurisdiction of the region. The RPFP, which depicts an end-state scenario
toward which efforts and activities are directed, shall consist of spatially-based and
area-focused policies, consistent with those in the national framework for physical
planning, to guide detailed physical, socio-economic, sectoral and investment
planning. The RPFP shall have a planning period of twelve (12) years to be updated
every six (6) years or when deemed necessary.

SEC. 7. Provincial Physical Framework and Development Plans. — In
consultation with concerned sectors, the Provincial Planning and Development Office
(PPDO) shall prepare a Provincial Physical Framework and Development Plans
(PPFDP), which shall define the province's development vision, economic and social
development policies, environmental and ecological protection policies, general land
uses, and inter-city/municipal transportation system. The PPFDP shall integrate and

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harmonize the land use plans of component cities and municipalities using the ridge-
to-reef (R2R) or watershed ecosystem management (WEM) approach taking into
consideration shared watersheds, ecosystems and natural resources and planning
concems, and define the uses of land and other resources within the province
consistent with the policies in the regional physical framework plan. The programs,
projects and activities prescribed in the PPFDP shall be integrated into the provincial
development investment program. The PPDO shall submit the PPFDP to the
Provincial Land Use Policy Council (PLUPC), created under Section 24 of this Act, for
review and endorsement to the Sangguniang Panlalawigan, which shall adopt the
same pursuant to Section 468 (2) (vii) of RA 7160. The PPFDP shall have a planning
period of twelve (12) years to be updated every six (6) years or when deemed
necessary.

SEC. 8. City/Municipal Land Use Plans. - The City/Municipal Planning and
Development Office (C/MPDO) shall prepare the comprehensive land use plan
(CLUP) to determine the specific uses of land and other physical resources therein
including areas co-managed with the national government and, as appropriate, the
ancestral domain areas. This shall be done in consultation with concemed sectors
through mandatory conduct of public hearings and with the use of technology-based
systems such as, but not limited to, the Community-Based Monitoring System (CBMS)
required to be established in every city and municipality under Republic Act No. 11315
or the “Community-Based Monitoring System Act’. The CLUP shall be consistent with
the R2R/WEM-based PPFDP and shall define the city or municipal development
vision, appropriate economic, environmental and social development policies,
densities and transportation system using the R2R/WEM approach. The CLUP shall
have a planning period of twelve (12) years to be updated every six (6) years or when
deemed necessary. The C/MPDO shall also use, among others, the CBMS in the
updating of the CLUPs.

The R2R/WEN-based CLUP will be used as the common reference framework
for the preparation of all sectoral development plans that will form part of the
Comprehensive Land Use and Development Plan which merges the traditionally
separate CLUP and comprehensive development plan to address the disconnect
between spatial development and sectoral programs and to ensure the
complementation between the medium- and long-term concems and shall be the basis
of the formulation of the local development investment program. The CLUP shall be
translated into a zoning ordinance by the concerned Sanggunian to regulate the uses
of land, including the limitations on height, density and bulk of buildings and other
infrastructure that may be placed thereon.

SEC. 9. Physical Framework and Land Use Planning Process. - The land use
and physical planning process shall be formulated following a combined bottom-up
and top-down approach. The NLUC, in consultation with the concerned sectors
through the mandatory conduct of public hearings, shall formulate, periodically update
and ensure the implementation of the NPFP that shall prescribe and influence the
country’s land use and physical development. The NPFP shall operationalize the
policies provided in this Act and shall be the basis for adopting land use and physical
planning-related guidelines and standards, including zoning and other land use control

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standards that shall guide the formulation of city/municipal zoning ordinances. The
policies prescribed in the NPFP shall be integrated into the Medium-Term Philippine
Development Plan and Medium-Term Philippine Investment Program.

In the formulation of the respective National, Regional Provincial or
City/Municipal Land Use Plans, the respective SUC Land Use Plans approved by the
CHED prior to the approval of this Act shall be taken into consideration in the approval
of the plans. As such, the President of the SUCs shall be consulted prior to the
approval of the said plans.

SEC. 10. Land Use Plans for Ancestral Domains. — Land use plans for ancestral
domains shall be formulated by the ICCs/IPs themselves in accordance with their
needs and traditional resource and management systems with the assistance of the
NCIP, the LGUs and civil society organizations (CSOs) concerned. Such plans shall
be recognized and adopted in the City/Municipal, Provincial, Regional and National
Physical Framework Plans.

Physical Framework Plans made prior to the delineation of ancestral domains
included in such plans shall, without prejudice to the rights of the ICCs/IPs concemed,
adopt different land use categories in accordance with their particular needs and
traditional resources and management systems.

In cases where there are no ancestral domains sustainable development and
protection plans (ADSDPPs), the LGUs and ICCs/IPs shall jointly formulate the land
use within the ancestral domains until such time that the ICCS/IPS shall have
formulated their ADSDPPs.

SEC. 11. Revision of Existing Planning Guidelines. — The existing planning
guidelines on the NPFP, RPFP and PPFOP shall be reviewed and revised pursuant
to Sections 5, 6, 7, and 9 of this Act.

CHAPTER Ill
FRAMEWORK FOR LAND USE PLANNING

SEC. 12. Basic Objective of Land Use or Physical Framework Planning. — The
primary objective of a physical framework plan is to describe existing land uses and to
identify an integrated physical framework, including an overall vision, policies on social
and economic development and environmental protection and supporting
transportation and other infrastructure facilities, that shall define future development
Its output includes the identification of programs, projects and activities needed to
achieve the desired development, without compromising environmental and ecological
stability, and which shall serve as inputs to the investment program. In the case of the
CLUP, itis also intended to provide specific development and building guidelines and
parameters to be implemented through a zoning ordinance.

SEC. 13. Priorities in Land Use Allocation and Planning. — Using the RARWEM

approach in projecting spatial allocation for different land uses, the LGUs shall first
exclude areas under protection land use in Section 17 (a) hereof, national parks,

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energy resource lands, and prime agricultural lands to ensure ecological integrity,
energy supply, and promote food security. Areas with prior rights and those with site-
specific resources for basic services, such as but not limited to, water and indigenous
energy resources, shall also be excluded. Alll land use activities inside the excluded
areas that are not consistent with the general purposes of the excluded areas shall be
assessed, regulated, and/or modified to ensure that these activities do not
compromise the general purposes of the excluded areas. Spatial allocation and
planning shall then proceed in accordance with Sections 16 and 17 hereof with
priorities given to integrated watershed management areas, socialized housing sites,
fisherfolk settlement in coastal areas, and waste disposal sites.

SEC. 14. Approach to Land Use and Physical Framework Planning. — The
R2R/WEM approach shall be used in land use and physical framework planning to
promote a holistic, integrated, equitable and inclusive development, and a flourishing
environment, watersheds and ecosystems. It shall include a description of existing
land uses and land use trends, as well as the physical, demographic, economic, social,
political, environmental, and ecological conditions that have shaped and are likely to
shape future land use and physical developments. It shall then derive a land use plan
or physical framework by matching, reconciling or integrating the demand for land with
the supply of land in a holistic manner to optimize socioeconomic development and
minimize the total impacts of the land use plan on watersheds and ecosystems. The
resulting land use plan or physical framework shall be the basis for identifying
necessary policies, programs, projects and activities, and development controls to
guide future development. The land use plan or physical framework shall be holistic in
nature and not emanate from specific individual or corporation which, in essence,
constitutes as spot zoning.

SEC. 15. Adoption of Multiple Uses of Land Resources. ~ The primary and
alternative uses of a specific unit of land resource based on its capability to support
certain uses sustainably shall be determined and evaluated prior to any decision for
the assignment of its use. Areas feasible for sustainable land resource use may be
considered multiple-use zones wherein settlements, tourism, agriculture, forestry,
agro-forestry and extraction activities and other income-generating or livelihood
activities may be allowed by concemed agencies: Provided, That multiple uses of land
resources shall be excluded in areas identified as protection land use: Provided,
further, That such land uses shall maximize the socioeconomic benefits without
compromising the desired levels of ecosystem services within a ridge to reef unit
Provided, finally, That such land uses shall be in accordance with priorities in land use
allocation and planning and that no reclassification shall be allowed

SEC. 16. Basic Land Use Planning Considerations. — In determining the various
land uses, the people and their productive activities and the need for functional open
spaces and preservation areas, as well as the various interrelationships of the physical
characteristics of the land and other elements therein, shall be considered, among
others, including the following:

(a) Availability of natural resources including indigenous energy resources for
energy security and self-sufficiency;

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(b) Geology, geomorphology, current and emerging geologic climate-related
hazards and risks, soil, vegetative cover, demography and slope;

(c) Economic, environmental, cultural, social and related development
activities;

(4) Existing goverment policies on land and natural resources allocation,
utilization, management and disposition;

(e) Technological changes or advancement;

(f) Existing customary rights for the protection of indigenous peoples and
vulnerable groups including women, rural and urban poor:

(g) Desired levels of ecosystem services like water quality and quantity, soil
stability, biodiversity, agricultural and fishery productivity, among others; and

(h) Inventory of prior and existing rights, to harmonize determination of land
use.

SEC. 17. Categories of Land Uses for Planning Purposes. — In determining and
defining the national, regional and provincial framework plans, and CLUPS, land uses
shall be grouped into four major functional uses, as follows:

(a) Protection land use which include the use of land primarily for food, water
and energy security, rehabilitation, conservation, and protection purposes to promote
the country’s ecological and life-support systems. Planning for protection land use
intends to achieve food self-sufficiency in rice and corn, water and energy security,
environmental stability and ecological integrity, ensure a balance between resource
use and the preservation of some areas with environmental, aesthetic, educational,
cultural, heritage and historical significance, and protect people and human- made
structures from the ill-effects of natural hazards. All lands, either public or private,
under protection land use shall be permanently conserved, preserved, rehabilitated
and protected from all other land uses, disposition, intrusion, utilization and
development that is not consistent with its existing uses. Areas under this category
also include those covered by Republic Act No. 7586, as amended by RA 11038, or
the “Extended National Integrated Protected Areas Act of 2018", and other coastal and
marine protected areas, those areas outside NIPAS but nonetheless require protection
because of their outstanding physical and aesthetic features, anthropological
significance, and biological diversity, and those areas prone to natural hazards, such
as but not limited to the following:

(1) Natural forests and mossy areas with more than 50% in slope gradient;

(2) Mangrove and fish sanctuaries, pursuant to RA 8435, and RA 8550, or “The
Philippine Fisheries Code of 1998";

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(3) Buffer zones or strips/easements, pursuant to Presidential Decree (PD) 389,
otherwise known as the “Forestry Reform Code of the Philippines", as amended by
PD 705, or the “Revised Forestry Reform Code of the Philippines” and PD 1067, or
the “Water Code of the Philippines”,

(4) Salvage zones along foreshore areas, freshwater swamps and marshes,
plazas, archaeological, and heritage or historic sites, pursuant to Presidential
Proclamation No. (PP) 2146, series of 1981, entitled "Proclaiming Certain Areas and
Types of Projects Environmentally Critical and within the Scope of Environmental
Impact Statement System Established under Presidential Decree No. 1586",

(5) Watersheds supporting bulk or domestic water supply;

(6) Utility easement like power lines of electric power generators, transmission
and distributors, oil and gas facilities, cell sites, and bulk/domestic water lines;

(7) Amenity areas or those with high aesthetic values, pursuant to PP 2146;

(8) Natural and human-made areasisites of cultural, historical and
anthropological significance, which are declared as such by intemationally recognized
organizations and concemed national agencies;

(9) Critical habitats as provided in RA 9147, otherwise known as the “Wildlife
Resources Conservation and Protection Act”;

(10) Significant caves under RA 9072, otherwise known as the “National Caves
and Cave Resources Management and Protection Act’;

(11) Key biodiversity areas under Executive Order No. 578, series of 2006,
entitled “Establishing the National Policy on Biodiversity, Prescribing its
Implementation Throughout the Country, Particularly in the Sulu Sulawesi Marine
Ecosystem and the Verde Island Passage Marine Corridor’. Existing property and
private rights shall be recognized and respected on the condition that these rights are
harmonized with the intent of the identified protected land use.

(b) Production Land Use wherein there is a direct and indirect utilization of land
resources for crop, fishery, livestock and poultry production, forestry, agroforestry,
mining, industry, energy development, indigenous energy exploration and
development, and tourism. Planning for production land determines the most efficient,
sustainable, and equitable manner of utilizing, developing and managing land for
productive purposes. Areas included in this category are agricultural lands, fishing
grounds, coastal and marine zones, production forest, which can be made available
for timber and agroforestry production, rangelands for grazing, forest lands for special
uses including for energy and reforestation projects, mineral lands or mining areas
and reservations, energy resource lands, industrial development areas, and tourism
development areas where productive activities may be undertaken to meet the
country's requirements for food security, economic growth and development.

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(c) Settlements development wherein any improvement on existing settlements
in urban and rural areas or any proposed development of certain areas for settlement
purposes involves the spatial distribution of population, identification of the roles and
functions of key urban centers, determination of relationships among settlement areas,
and the provision of basic services and facilities to such settlement. The settlements
development plan ensures for the present and future generation the following: (1)
effective integration of activities within and among settlements, allowing efficient
movement of people and production of commodities through the provision of
appropriate land, infrastructure, and facilities; (2) access of the population to housing,
education, health care, recreation, transportation and communication, sanitation, and
basic utilities such as water, power, waste disposal, and other services; and (3)
security against risks associated with climate change and other natural hazards.

(d) Infrastructure development includes the availability or supply of basic
services and fostering of economic and other forms of integration necessary for
producing or obtaining the material requirements of Filipinos, in an efficient,
responsive, safe and ecologically friendly built environment. It covers sub-sectors of
transportation, communications, energy, water resources, and social infrastructure:
Provided, That the determination of functional uses of lands within ancestral domains
shall consider traditional resource and management systems that do not endanger the
lives of the people and property of the local community and neighboring areas or
increase the vulnerability of the natural environment to the effects of natural and
human-induced geological processes

CHAPTER IV
IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 18. Creation of the National Land Use Commission. - The National Land
Use Commission (NLUC) is hereby created as a Commission under the Office of the
President. It shall exercise the powers and responsibilities of the current National Land
Use Committee, which is hereby abolished. The NLUC shall be chaired by a
Commissioner to be appointed by the President. The Commissioner will have the rank
of a Cabinet Secretary. The Commissioner shall be a qualified professional in any of
the fields of land use, physical planning, environmental management, engineering,
public governance or law.

The NLUC shall act as the highest policy making body on land use and resolve
land use policy conflicts between or among agencies, branches, or levels of the
government. It shall coordinate efforts towards the development of integrated land use
plans at the national, regional, provincial, and municipal/city levels, and monitor the
implementation of all land use plans including relevant policies.

SEC. 19. Composition of the NLUC. - The NLUC will be composed of the
following:

(a) Commissioner of NLUC as Chairperson;

(b) Secretary of DEPDev as Vice-Chairperson;

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‘As Ex-Officio Members:

(c) Secretary of DENR;

(d) Secretary of DHSUD;

(€) Secretary of DA;

(f) Secretary of DAR:

(g) Secretary of Department of Public Works and Highways (DPWH);

(h) Secretary of DILG;

(i) A Representative from the LGUs;

() Chairperson of National Commission on Indigenous Peoples

(NCIP); and

(k) Commissioner of the Bureau of Internal Revenue.

The Department Secretaries may designate a representative with a rank
not lower than Assistant Secretary: Provided, That the designated
representative shall be on a permanent basis. The representative from the

LGUs shall come from the Leagues of Provinces, Cities and Municipalities.

SEC. 20. Powers and Functions. ~ The NLUC shall have the following
powers and functions:

(a) Advise the President of the Philippines on all matters concerning land
use and physical planning;

(b) Integrate and harmonize all laws, guidelines and policies relevant to
land use and physical planning to come up with a rational, cohesive, and
comprehensive national land use framework;

(c) Formulate policies and endorse land use and physical planning-
related policies that may be formulated by the RLUPC, created under Section
23 of this Act, and concemed agencies as well as promulgate zoning and other
land use control standards and guidelines which shall guide the formulation of
land use plans and zoning ordinances by local governments;

(d) Prepare, periodically review and, if necessary, update the national

framework for physical planning to provide the general framework for the spatial
development directions for the entire country and sub-national levels;

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(e) Review and endorse all land use and physical planning related
guidelines;

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

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

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

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

() Monitor and coordinate activities in the establishment of a national
land resource information and management system of concerned agencies that
shall integrate and process information on land use and allocation generated
by the various national government agencies; define information requirements
at various levels; and standardize information inputs and outputs including
scales and symbols used in territorial and sectoral maps;

(k) Be the repository of all RPFPs, PPFDPs and CLUPS and all data and
information pertaining to land and land use;

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

(m) Decide and resolve policy conflicts and territorial jurisdiction on land
use between or among agencies, branches, or levels of the govemment and
act on unresolved land use policy conflicts at the regional level elevated by the
RLUPC;

(n) Adopt rules of procedures for the orderly and expeditious conduct of
meetings and other business of the Commission; and

(0) Perform such other acts and functions and exercise such other

powers as may be necessarily implied, inherent, incident, or related to the
foregoing.

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SEC. 21. National Land Use Office (NLUO). - The National Land Use
Office (NLUO) is hereby created under the Office of the President, which will
serve as technical secretariat to the NLUC. The NLUO shall be headed by the
NLUC Commissioner with two (2) Deputy Commissioners with the rank of
Undersecretary.

The DHSUD — Environmental, Land Use and Urban Planning and
Development Bureau (DHSUD-ELUPDB) shall be converted into a line bureau
that shall serve as the NLUO.

Further, the DHSUD-ELUPDB shall have service units for the planning
and policy formulation, operations, monitoring and information systems
management, technical assistance, legal, and special land use concerns. The
staffing pattern of the NLUO shall be approved by the Department of Budget
and Management.

SEC. 22. Regional Land Use Office. - A Regional Land Use Office
(RLUO) is hereby created in each Region

CHAPTER V
REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 23. Regional Land Use Policy Council (RLUPC). ~ At the regional
level, the RLUPC shall be institutionalized, replicating the NLUC structure and
composition with DHSUD representative as Chairperson, NEDA representative
as Vice-Chairperson and with a duly authorized representative from the DENR,
DA, DAR, DPWH, DILG, NCCA, and LGU as members. The RLUPC shall have
the following functions:

(a) Formulate and adopt regional policies on land use and
physical planning;

(b) Prepare and periodically update an RPFP taking into
consideration national polices and lower-level plans;

(0) Assist the provinces in preparing and periodically updating its
physical framework plans to ensure consistency with the
regional and national plans and policies and to facilitate its
integration with the regional plans;

() Review, prior to adoption by respective Sanggunians, the
PPFDP, and CLUPs of highly urbanized and independent
component cities, to ensure consistency with the RPFP and
national policies set forth by the NLUC and compliance with
limits prescribed under RA 7160, as amended, for
reclassifying agricultural lands;

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

municipalities;

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

@) Evaluate consistency of major programs and projects with the

regional physical framework plans and their impact on land
use and the environment;

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

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

SEC. 24. Provincial Land Use Policy Council. — The Provincial Development
Council, created under Section 106 of RA 7160, shall act as the PLUPC that shall
tackle land use concems whenever necessary. A duly authorized representative from
the DENR, DHSUD, DAR, DA, DILG, and DPWH shall be included in the composition
of the PLUPC. In addition to the functions enumerated in Section 109 of RA 7160, the
PLUPC shall:

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

(b) Review and endorse to the Sangguniang Panlalawigan for adoption, the
provincial physical framework plans, prepared and periodically updated by the PPDO
and other land use and physical planning-related policies;

(c) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between or among cities or municipalities and any unresolved
land use conflicts at the city or municipal level. The PLUPC may call upon any local
official concerned such as provincial planning and development coordinator, provincial
agriculturist, provincial environment and natural resources officer, provincial engineer,
provincial assessor, or any official of national agencies and other relevant agencies
during discussions on land use and physical planning concerns; and

(d) Assist the Sangguniang Panlalawigan in reviewing the CLUPs of component
cities or municipalities to ensure consistency with the provincial physical framework
plans and compliance with the limits prescribed under RA 7160, as amended, for
reclassifying agricultural lands.

SEC. 25. City/Municipal Land Use Policy Council — The City/Municipal

Development Council (C/MDC), created under Section 106 of RA 7160, shall act as
the C/MLUPC that will tackle land use concerns whenever necessary. A duly

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authorized representative from the DHSUD, DAR, DA, DENR, DPWH and DILG shall
be included in the composition of the C/MLUPC. In addition to the functions
enumerated in Section 109 of RA 7160, the C/MLUP shall:

(a) Advise the Sangguniang Bayan or Sangguniang Panlungsod on alll matters
pertaining to land use and physical planning;

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

(c) Decide and resolve policy conflicts on land use planning, classification, and
allocation that may arise between and among barangays and any unresolved land use
conflict at the barangay level regarding the violation of zoning ordinances including
opposition to applications for locational clearances, permits or certificates; and

(d) Advise the local zoning board of appeals and adjustments on all issues and
conflicts relating to zoning

For purposes of this Act, the City/Municipal Planning and Development
Coordinator (C/MPDC) shall: (a) act on all applications for locational clearances for all
projects except those of vital and national economic or environmental significance;
and (b) monitor on-going/existing projects within their respective jurisdictions and
issue notices of violation to owners, developers, or managers of projects that are
violative of zoning ordinances.

The C/MLUPC may call upon any local official concerned such as C/MPDC,
city/municipal agriculturist, city/municipal environment and natural resources officer,
city/municipal engineer, city/municipal assessor, or any official of national agencies
during discussions on land use and physical planning concems. LGUs without
operational C/MPDC as mandated by RA 7160, as amended, shall activate their
respective councils within six (6) months from the effectivity of this Act

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

SEC. 26. Approval and Review of PPFDP and CLUPs. ~ The PPFOP, CLUPs
and zoning ordinances (Zos) of the respective LGUs, including provinces, highly
urbanized cities and independent component cities, shall be submitted by the local
land use committees to the local development councils for transmission to their
respective local Sanggunian for approval

SEC. 27. Provinces and Independent and Highly Urbanized Cities. - Provinces
and independent and highly urbanized cities shall have the power and authority to
adopt and approve their respective CLUPs, zoning ordinances or provincial physical
framework plan, as the case may be, through their respective Sanggunian but subject
to the review of the RLUPC as provided in Section 23 (4).

CHAPTER VII
MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC. 28. National Base Mapping Program. — A national mapping program shall
be implemented, coordinated, and monitored through the creation of an inter-agency
Technical Committee (ITC) composed of the NAMRIA, as the lead agency, BSWM,
the Forest Management Bureau (FMB), the Land Management Bureau (LMB), the
Biodiversity Management Bureau (BMB), the Mines and Geosciences Bureau (MGB),
the Philippine Institute of Volcanology and Seismology (PHIVOLCS), DAR, the
National Water Resources Board (NWRB), Department of Energy (DOE), NEDA,
Philippine Statistics Authority (PSA), University of the Philippines Resilience Institute
(UPRI), NCIP, and other concerned government agencies/bureaus. The ITC shall be
constituted, and the mapping program shall be initiated, within thirty (30) days from
the effectivity of this Act. The agencies mentioned in this Section shall finish their base
mapping program within one (1) year upon the effectivity of this Act.

For purposes of uniformity and standardization, the LGUs, to be assisted by the
appropriate agencies of the national government, shall likewise prepare their
respective territorial maps using scales, symbols, and other indicators to be prescribed
in accordance with this Act. The completed maps shall be integrated in the NPFP
pursuant to Section 5 of this Act.

SEC. 29. National Geospatial Information Program. — Within one (1) year upon
the effectivity of this Act, the NAMRIA, in coordination with BSWM, FMB, LMB, BMB,
MGB, PHIVOLCS, DAR, NWRB, NCIP, DOE, NEDA, PSA, UPRI, and other
concerned government agencies or bureaus shall complete the updating of base maps
including national disaster risk maps. These base maps and corresponding geospatial
data shall be shared and disseminated to all agencies and LGUs to serve as reference
in plan preparation and other planning activities.

‘SEC. 30. National Hazard Mapping Program. - Within thirty (30) days from the
effectivity of this Act, a nationwide hazard mapping and probabilistic hazard risk

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assessment program shall be initiated jointly through the NLUC by the PHIVOLCS,
the Philippine Atmospheric Geophysical and Astronomical Services Administration
(PAGASA), NAMRIA, MGB, BSWM, DOE, and UPRI, in coordination with the National
Disaster Risk Reduction and Management Council (NDRRMC), the Regional Disaster
Risk Reduction and Management Council (RDRRMC), NCIP, NCCA, and other
concemed government agencies. The program shall include the generation of
indicative hazard zoning maps that will outline areas in the Philippines which are prone
to liquefaction, landslides, severe flooding, lahar, ground rupturing, tsunami, river
erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow,
base surge, and other natural hazards.

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

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

SEC. 31. Basic and Applied Research for Science and Technology
Development. — Within one (1) year from the effectivity of this Act, the Department of
Science and Technology (DOST), in coordination with concemed agencies, academe,
and research organizations, shall formulate a research agenda that will support
physical framework and land use planning

SEC. 32. Scope and Nature of Responsibilities of Other National Government
Agencies. — All concemed national government agencies shall periodically report to
the NLUC on the various activities and accomplishments on land use, including their
respective sectoral or development plans. The NLUC may call upon the agencies for
technical and administrative support.

SEC. 33. Monitoring of CLUP Implementation. — The DHSUD shall design and
install an information system for monitoring the actual use of land resources, the
reclassification of agricultural lands authorized by cities and municipalities, and the
implementation of CLUPs of LGUs with a view to ensuring the compliance with
national policies, standards and guidelines: Provided, That the system shall be
developed in coordination with DA, DAR, DILG, DENR, DPWH, NEDA, league of
provinces, league of cities, league of municipalities, other concerned national
government agencies, academe, and research organizations.

SEC. 34. Submission of Annual Report on the Implementation of CLUPs. - The
C/MLUPC shall submit an annual report on the implementation of their land use plans
to the PLUPC, which shall integrate the same for submission to the RLUPC, which
shall in turn integrate the provincial reports for submission to the NLUC.

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eNausunn

CHAPTER VIII
SPECIAL AREAS OF CONCERN

Article 1
Forest Lands and Reservation of Watershed

SEC. 35. Reversion of Alienable and Disposable Lands to Forestlands. - Upon
the recommendation of the Secretary of the DENR, duly reviewed and endorsed by
the NLUC, and after due consultations with the concerned LGUs and affected parties,
Congress may authorize the reversion of alienable and disposable lands of the public
domain or portion thereof to forestlands, unless they are covered by existing titles, or
actually occupied openly, continuously, adversely, and publicly for a period required
by law: Provided, That, when public interest so requires, steps shall be taken to
expropriate such lands, cancel defective titles, or eject occupants thereof. Thereafter,
said lands shall be included in the preparation of land use plans within forestlands.

SEC. 36. Critical Watershed Areas. — The DENR, in coordination with the DA,
LGUs and other goverment agencies, including government-owned and controlled
corporation, and after mandatory public hearings or consultations, shall identify and
delineate critical watershed areas that need to be protected, rehabilitated, enhanced
or withdrawn from uses that contribute to their further degradation

SEC. 37. Formulation and Implementation of Integrated Watershed
Management Plans. — A Watershed Management Council (WMC), which is a multi-
agency, inter-LGU, and multi-sectoral consortium, chaired by the DENR and co-
chaired by the duly designated representative of the LGUs, shall be created at the
provincial level to ensure effective and sustainable resource management of a
particular watershed and provide the development needs of local communities. in
cases where a watershed transcends more than one province, a WMC at the regional
level shall be created.

The WMC shall prepare the Integrated Watershed Management Plan (IWMP)
consistent with the existing DENR laws, guidelines, and rules and regulations. The
said IWMPS shall be integrated into the CLUPs of the LGUs.

The DENR and the concemed LGUs shall jointly implement the Watershed
Management Plan subject to regular consultations with and involvement of the
community and other stakeholders.

SEC. 38. Establishment and Management of National Parks. — All areas
proclaimed by the President of the Philippines and Congress of the Philippines to be
under the NIPAS, unless disestablished, including those identified as initial
components of the NIPAS as KBAs, shall comprise the national parks classification of
the public domain. The DENR and concerned LGUs shall ensure that such areas are
integrated in the CLUP and physical framework plans. The preparation of
management plans of protected areas and national parks shall be in accordance with

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the provisions of RA 7586, as amended, and other laws establishing or declaring
specific areas as protected areas.

Article 2
Coastal Zones

SEC. 39. Criteria on the Allocation and Utilization of Lands within the Coastal
Zones. The allocation and utilization of lands within the coastal zones shall be guided
by the following:

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

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

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

(d) Areas accessible to the sea and identified for fisherfolk settlement and
housing shall be allocated to traditional fisherfolk who are inhabitants of the coastal
communities and members of legitimate fisherfolk organizations and/or holders of
stewardship lease contracts or titles to ancestral domains or any form of property right
arrangements who participate in coastal resource management initiatives, subject to
the usual census procedures of the DHSUD.

(e) Areas which does not fall under (a) to (d) above may be devoted to
recreational or tourism purposes: Provided, That such undertaking will not result in
environmental degradation and displacement of small fishers;

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

(g) Areas which have been allocated for small infrastructure needed by
fisherfolk shall be allowed;

(h) Areas which form part of foreshore lands as defined in this Act including
those which are under lease agreements or arrangements shall undergo zoning and
evaluation to determine their boundaries and actual sizes and corresponding uses:
Provided, That vested rights under the lease agreements or arrangements shall be
respected. Evaluation of the said lands shall also consider the natural, geologic and
geomorphic conditions of the coast; and

(i) The free and prior informed consent of the concerned ICCs/IPs and the
necessary certification from the NCIP shall be secured before any allocation and

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utilization of lands within the coastal zones that are found to be within ancestral
domains.

SEC. 40. Coastal Land Zone Sub-classification. — All public lands in the coastal
zones are sub-classified into any of the following: fishponds, mangroves for protection
from tidal surge and for preservation of biodiversity, habitats and sanctuaries for
endangered wildlife, fisherfolk settlement, or recreational or tourism areas. No sub-
classification of coastal zones to different uses may be done without the following:

(a) Conduct of a comprehensive inventory and resource and environmental
assessment by the DENR with the respective LGUs and accredited non-government
organizations (NGOs) or peoples organizations (POs) within their territorial
jurisdiction. The result of the assessment along with a list of all existing applications
and expired foreshore lease agreements must be posted in three (3) conspicuous
places in the affected localities; and

(b) Prior consultation with the local Fisheries and Aquatic Resource
Management Councils pursuant to RA 8550, as amended

SEC. 41. Zoning of Foreshore Areas. - LGUs, in coordination with the DENR,
shall conduct zoning of their respective foreshore areas to assist government and
community fishers identify priority areas for conservation and development, and to
enable them to set targets for mangrove reforestation and rehabilitation.

SEC. 42. Protection of Waterways, Easements and Flood Plains. - Structures
of any kind may not be built in waterways and easements. Pursuant to PD 1067, the
banks of rivers and streams and the shores of the seas and lakes throughout their
entire length and within a zone of three (3) meters in urban areas, twenty (20) meters
in agricultural areas and forty (40) meters in forest areas along their margins are
subject to easement of public use only in the interest of recreation, navigation,
floatage, fishing and salvage.

The protection of flood plains shall use the watershed management plan as the
reference framework in formulating flood mitigation plan. Development within flood
plains and other flood-prone areas must be controlled or, if allowed, must be so sited,
constructed and serviced that the lives of occupants are not put at risk and that
disruptions during floods are minimized. The identification and characterization of
flood-prone areas and flood plains must be an integral part of Watershed Management
Plan that shall guide the preparation of CLUPs, local climate change action plans local
disaster risk reduction and management plans and other prescribed thematic plans.
The LGUs shall establish land use regulations to mitigate flood risks through the
CLUPs and zoning ordinances.

To promote the best interest and coordinated protection of flood plains, the
DPWH, in coordination with the DOST and DENR, shall declare flood control areas as
necessary and shall prohibit or control activities that may damage or cause
deterioration of lakes and dikes, obstruct the flow of water, change the natural flow of
rivers, increase flood losses or aggravate flood problems, pursuant to PD 1067.

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Article 3
Settlements Development

SEC. 43. Municipalities, Cities, and Settlements Development. — The
development of municipalities, cities and settlements through CLUP and implemented
by the zoning ordinances of cities and municipalities are guided by the urban zoning
standards designed to maximize existing urban spaces, taking into account the studies
of pertinent government agencies on climate change. The new and existing
government buildings within the cities and municipalities shall comply with the
government energy management program and the Inter-Agency Energy Efficiency
and Conservation Committee resolutions.

SEC. 44. Settlements within Hazard Areas. - Settlements, in particular, housing
or residential developments, within hazard areas may be allowed: Provided, That
mitigating or protective measures are adopted to address the potential danger or risk
to lives and property within such settlements. In coordination with the concerned
agencies of the government such as the PHIVOLCS, PAGASA, and MGB, the NLUC
shall provide assistance to concerned LGUs and settlers in instituting safety and
corrective measures to address the potential danger or risk. Residential zones as
designated in the CLUP shall not be considered as outside the hazard areas
However, for this purpose, housing projects within such areas with less than or equal
to one (1) hectare of project area shall be exempt from the ECC as well as the EGGAR
and may be implemented without the need for any further certificate of exemption from
the DENR or any other government regulatory agency.

SEC. 45. Designation of Waste and Environment Management Site. - Each city
or municipality shall identify, designate and allocate a suitable area as indicated in the
watershed management plan within their territorial jurisdiction to serve as sanitary
landfill or solid waste disposal site as established in its solid waste management plan
pursuant to Republic Act No. 9003, or the “Ecological Solid Waste Management Act
of 2000", within one (1) year from the effectivity of this Act.

SEC. 46. Network of Settiements. - The framework and policies for the
development of network of settlements shall be provided by the National Physical
Framework Plan formulated by the NLUC. Individual settlements shall be planned as
part of a national network of settlements. The network shall be based on existing and
potential settlements; production activities, particularly those that involve highly
competitive industries and services and generate local employment; environmental
constraints and sustainability considerations. Individual cities and municipalities shall
be integrated through transportation and other infrastructure support facilities.

SEC. 47. Criteria for Settiement Sites. - The following shall be the criteria for
identifying settlement areas:

(a) Within A&D lands but not in environmentally-critical, hazard-prone or other

protection areas as assessed, identified and indicated in the Watershed Management
Plans;

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(b) Along established urban growth directions;
(c) Are already or can be provided with basic services and utilities;

(d) Ideally within the 0-8% slope range, but with mitigating measures from slope
9-17%;

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

(f) Identified ICCs/IPs settlement areas shall be located within ancestral
domains.

Hazard-prone areas shall be defined, delineated and mapped by the DENR and
other mandated government agencies, together with LGUs, during the preparation of
management plans of the watersheds that are partially or wholly inside the jurisdiction
of municipality or city. As such, new settlements within high-risk areas shall not be
allowed. In cases where there are existing settlements within geo-hazard areas or
high-risk areas, mitigating or protective measures shall be adopted to address the
potential danger or risk to lives and property within such settlements. In coordination
with the concemed agencies of the government, the NLUC, through the RLUPC and
PLUPC, shall provide assistance to concerned LGUs and settlers in instituting safety
and corrective measures to address the potential danger or risk. New developments
within geo-hazard areas shall be required to submit an ECC and EGGAR consistent
with the Revised Procedural Manual for DENR Administrative Order (DAO) No. 2003-
30, otherwise known as the “Implementing Rules and Regulations (IRR) for the
Philippine Environmental Impact Statement (EIS) System’ and DAO No. 2000-28
otherwise known as the "Implementing Guidelines on Engineering Geological and
Geohazard Assessment as Additional Requirement for ECC Applications covering
Subdivision, Housing and other Land Development and infrastructure Projects”

SEC. 48. Sustainable Communities. — Each city or municipality or cluster of
cities or municipalities, as appropriate, shall follow the basic features of sustainable
communities, as guided by the National Urban Development and Housing Framework:
transit-oriented, pedestrian-biased, and multiple use, with systems and practices that
promote water use efficiency, energy efficiency, waste segregation, recycling, and
adequate community facilities. Cities and municipalities or clusters thereof shall
identify, designate and allocate areas within their territorial jurisdiction to serve as
waste disposal site following the provisions of RA 9003,

For energy efficiency, cities and municipalities or clusters thereof shall utilize
energy consuming products which comply with the DOE's efficiency rating and eneray
labeling system pursuant to the provision of Republic Act No. 11285, or the “Energy
Efficiency and Conservation Act’.

SEC. 49. Designation and Zoning of Socialized Housing Zones. - Each city or
municipality in urban, urbanizable and rural areas shall designate through the CLUP

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adequate lands for housing or residential purposes, including socialized housing and
resettlement areas for the immediate and future needs of the local population as well
as the underprivileged and homeless in their territory, pursuant to existing laws and
regulations. In order to ensure adequate availability of lands for the housing needs of
the local population, the CLUP shall be updated, at maximum, every twelve (12) years
for provinces, cities and municipalities

The designated sites for socialized housing shall be located in residential
Zones, and shall be zoned as socialized housing zones that are integrated in the city
or municipality's zoning ordinance, pursuant to existing laws and regulations

Fisherfolk settlements and housing in coastal municipalities shall be zoned near
the sea, for easy access to their livelihood as provided under Section 39 (d) of this Act.

The housing or residential lands designated in the CLUPs and zoning
ordinances of cities and municipalities shall, on one hand, not be subject to further
land reclassification by the LGU or land conversion procedure under DAR. On the
other hand, agricultural lands as designated in the CLUP which are no longer
economically feasible for agricultural use may be subject to land reclassification or
land use conversion to housing or residential purposes and such land use conversion,
as the case may be, shall be exempt from the coverage of any moratorium on land
use conversion, provided such conversion shall not conflict with the prescriptions of
watershed management plans and shall not result in serious environmental and
ecological problems

SEC. 50. Urban Forest or Green Space. - Each city or highly urbanized
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 NLUC.

Article 4
NIPAS Areas

SEC. 51. Integrated Management Strategy. — For a more effective planning,
management, and protection of protected areas at the provincial, city or municipal
levels, the Protected Area Management Plan referred to in RA 7586, as amended,
must be incorporated in the provincial physical framework plan and CLUPs, if
applicable, wherein the protected area zoning must be reflected.

Article 5
Agricultural Lands

SEC. 52. Priority Areas for Agricultural Development. — Priority areas for
agricultural development shall be those agricultural areas covered under RA 6657 and
those covered under NPAAAD and SAFDZ, defined in Section 4 of this Act and in RA
8435, or the “Agriculture and Fisheries Modemization Act’.

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SEC. 53. Conversion of Agricultural Lands. — Prime agricultural lands and
specific types of lands to the extent necessary for attaining food self-sufficiency in rice
and food security in other basic commodities, as determined by the DA, subject to
mandatory consultation with the LGUs, the private sector, the NGOs, and POs, shall
be protected from conversion, which shall include but not limited to areas under the
NPAAAD and SAFDZ: Provided, That alll irrigated and irrigable lands, all lands
developed or possessing the potential for development of high value crops, and all
agricultural lands that are ecologically fragile and whose conversion will result in
serious environmental problems shall be given full protection from conversion, the
areas under which are subject to review every six (6) years by the DA, with the
mandatory public consultations: Provided, further, That consistent with the State policy
‘on giving priority to the completion of the comprehensive agrarian reform program, all
lands subject to the comprehensive agrarian reform program including those lands
covered under notice of compulsory acquisition or voluntary offer to sell, production or
profit-sharing, or commercial farm deferment shall also be protected from conversion
pending the distribution and installation of the farmer beneficiaries, but thereafter,
Section 22 of RA 9700 shall apply: Provided, furthermore, That the conversion of prime
agricultural lands for use in priority government projects for basic services such as,
but not limited to, irrigation and power shall be allowed only upon the recommendation
of the Secretaries of the DA and the DAR: Provided, finally, That the mapping of the
NPAAAD under the RA 8435 shall be completed within one (1) year from the effectivity
of this Act. Lands defined under Section 10 of RA 6657 shall remain exempted and
excluded from the coverage of the comprehensive agrarian reform program. With due
consideration of the above-mentioned conditions that provides for the full protection of
prime agricultural land, only then, upon approval by the DAR of the application for
conversion, agricultural lands are deemed converted to non-agricultural uses.

SEC. 54. Sub-classification or Re- classification of Agricultural Lands by LGUs.
— Sub-classification or re-classification of agricultural lands to other uses under
Section 20 of RA 7160 shall exclude the protected agricultural lands as stated in the
preceding section. Moreover, such sub-classification or reclassification is not
synonymous to conversion. Further, such sub- classification or re-classification shall
not result to land uses that are in conflict with the prescriptions of the watershed
management plans. The DA and DAR shall provide the LGUs with complete list and
maps of protected agricultural lands within their territorial jurisdictions,

SEC. 55. Criteria for the Utilization and Allocation of Land for Mining Purposes.
— Consistent with this Act and the provisions of Republic Act No. 7942, otherwise
known as the “Philippine Mining Act of 1995", and to ensure that the objectives of
maintaining ecological balance and maximizing economic retums to mining operations
are realized, the allocation and utilization of lands for mining purposes shall be guided
by the following

(a) The principles of sustainable development and responsible mining;
(b) In case of small-scale mining, adequate and acceptable safeguards shall be

instituted by the holders of mining rights or permits to prevent environmental
degradation of the mining sites and adjacent areas;

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(c) Mineral reservations which have become non-operational as determined by
the MGB shall be placed under appropriate surface management by the DENR after
conducting scientific, geological, and environmental studies in accordance with
relevant laws on mineral reservation establishment and de-establishment;

(d) Natural forests, proclaimed watershed forest reserves, mangrove forests,
and mossy forests are closed to mining operations pursuant to RA 7942, and other
pertinent laws;

(e) Consistent with RA 7942, areas closed to mining operations like natural
forests, proclaimed watershed forest reserves, mangrove forests, and mossy forests
shall be periodically reviewed through mineral exploration to be undertaken by the
DENR for the purpose of determining whether or not their continued closure is
consistent with the national interest and with the prescriptions of watershed
management plans and, if warranted, recommend their reclassification as mineral
lands; and

(f) Protected forestlands and agricultural lands shall be exempt from mining
activities to minimize the effect of natural calamities and to protect food security
respectively. The small to large-scale mining operations shall yield from and recognize
the tenurial instrument given by the government, such as original certificate of title,
transfer certificate of title, certificate of ancestral domain title, emancipation patent-
certificate of land ownership award and other instruments. If these be present, mining
activity shall be allowed subject to clearances and consent, and: Provided, That mining
activity shall not conflict with the prescriptions of watershed management plans and
shall not have serious environmental and ecological problems.

SEC. 56. Reversion of Mineral Lands. — All mineral lands with exhausted
mineral resources, as determined by the MGB upon the recommendation of the
DENR, shall revert to its original land classification, that is, as forestland or agricultural
land. In the case of forestlands, the DENR may classify such areas for other purposes
in consultation with concerned LGUs, DOT, and other national government agencies,
and consistent with the prescriptions of the watershed management plans.

Article 6
Energy Resources

SEC. 57. Guidelines for the Utilization and Allocation of Lands for Energy
Resource Exploration, Development, Production, Utilization, and Distribution
Purposes. — To ensure that the objectives of maintaining ecological balance and
maximizing the power potential from indigenous energy resources in the most
economical and environmentally-acceptable means are realized, the allocation and
utilization of lands are be guided by the following, consistent with the existing laws,
rules and regulations on energy resources:

(a) Indigenous energy resource exploration and development for the purpose
of creating a national energy resource inventory and data base as well as an energy

34


resource block map are allowed, subject to the prescriptions of watershed
management plans and other land management plans;

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

(©) Protected areas defined in Section 17 of this Act are closed to any kind of
energy resource development except for installation or erection of power lines therein.
Provided, That vested rights granted through the Special Use Agreements in Protected
Areas as granted by the DENR are respected;

(d) Energy reservations or portions thereof which have become or have been
established to be non-economically viable to operate or are no longer used for energy
purposes must be reclassified to other land uses, subject to existing laws covering
energy reservations and to prescriptions of watershed management plans; and

(e) Renewable energy is preferred over other energy resource.

SEC. 58. Reversion of Energy Resource Lands. — All exhausted indigenous
energy resource lands, as determined by the DOE, which are not covered by
proclamations, must automatically revert to the category of forestlands or agricultural
lands, open to disposition, whichever is appropriate, unless the DENR classifies such
areas for other purposes consistent with the prescriptions of watershed management
plans. Exhausted energy resource lands are specific energy resource sites that the
energy reserves of the desired type or types are no longer in sufficient quantity or
quality to justify additional expenditure for its extraction and utilization

Article 7
Industrial Development Areas or Sites

SEC. 59. Criteria for Designating Industrial Development Areas. - The
identification and establishment of industrial development areas shall conform to the
provisions of RAs 7916, 6657, 8371, 7279, 8550, and 8435, taking into consideration
the following:

(a) Identified network of areas for agricultural development and protected
agricultural areas pursuant to the RA 8435;

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

(c) Identified growth areas and corridors in the National Development Plan;

35


(d) NIPAS and non-NIPAS areas, such as KBAs and restored areas that require
protection;

(e) National and Urban Development and Housing Framework;
(f) Identified socialized housing zones;

(g) National framework for physical planning and other existing national
programs and policies; and

(h) Prescriptions of watershed management plans.

The designated industrial development areas must be located only in
production land uses areas and shall form an integral part of the land use plan and
Zoning ordinance of the city or municipality where these areas are located pursuant to
RAs 6657, 8371, 7279, 855, 8435, and 7160, as amended.

Article 8
Tourism Development Areas

SEC. 60. Designating Tourism Development Areas. — The identification,
selection, and development of tourism development areas, and Tourism Enterprise
Zones shall be done in consultation and coordination with the LGUs, TIEZA, DOT and
other national government agencies, the private sector and the affected communities
subject to the provisions of RA 9593, otherwise known as “The Tourism Act of 2009."
Tourism development areas include those covered by legislative and executive
issuances such as tourist spots, tourist zones and tourism ecozones which can be
developed into tourism estates or integrated resort, or integrated resort leisure and
recreation complexes. Other tourism-related facilities and those identified in the
national, regional and area-specific tourism master plans and other sector plans, such
as ecotourism and agri-tourism sites are also considered as tourism development
areas. The sites designated for tourism development must be outside of the areas
identified for protection land use. As much as practicable, community-based tourism
‘shall be the principal mode of tourist spot operation. RAs 6657, 8371, 7279, 8435,
7160, and EO 111, series of 1999, which provided for the national ecotourism strategy,
shall apply to all tourist zones and tourist development areas.

Designated areas for tourism development form part of the CLUPs and zoning
ordinances of the cities or municipalities where these areas are located.

SEC. 61. Identification and Declaration of Areas for Protection, Conservation
and Preservation of Cultural Heritage. — Pursuant to Republic Act No. 10066, or the
“National Cultural Heritage Act of 2009", the NHCP or the National Museum, the
NCCA, in coordination with NCIP, DHSUD and other concemed agencies, local
communities, and the private sector, shall identify declared areas and structures which
shall be protected and preserved as part of the Philippine cultural heritage.

36


The LGUs in coordination with the NHCP, the NCCA and the Cultural Center of
the Philippines (CCP) shall designate historical zones to protect the historical integrity
of said geographical areas and cultural space of intangible cultural properties.

Declared and known archaeological sites shall likewise be protected by the
NCCA, the DHSUD, NCIP, other concerned government agencies, and LGUs against
modification, alteration, or destruction.

Article 9
Infrastructure Development

SEC. 62. Strategic Transport Network. — The national government, through the
Department of Transportation, shall establish a strategic and sustainable multimodal
transport network that provides connectivity within the national network of settlements.
‘Such connectivity shall include linkages among existing and proposed priority urban
centers, rural areas, production hubs and tourism zones, distribution centers and
markets, and key intemational points of entry. It shall be developed to promote network
efficiency and social service delivery, to catalyze areas identified critical for economic
growth, while minimizing negative impacts to environmentally-critical and protected
areas as identified in the watershed management plans.

The national network of settlements, as defined in the NPFP, shall guide the
development of a multi-modal transportation network. The network shall be designed
and implemented to provide seamless connectivity among the various modes of
transportation. The RPFPs, PPFDPs and city or municipal CLUPs shall focus on the
transportation network that corresponds to their respective jurisdictions while
maintaining consistency with the overall national networks.

SEC. 63. Allocation and Use of Land for Infrastructure Development. — Land,
whether public or private, shall be allocated and utilized for priority infrastructure
projects that are supportive of national or local development objectives. The NEDA, in
consultation with the national government agencies, LGUs and the private sector, shall
identify and periodically review, update or revise the list of priority infrastructure
projects under an over-all national strategic infrastructure development plan, subject
to the provisions of this Act, RA 8435 and RA 8371. The national strategic
infrastructure development plan must be consistent and integrated in the objectives
and directions of the NPFP.

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

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

(b) Upgrade existing facilities to international public safety standards;

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(c) Address the need for sustainable settlement development; and

(d) Mitigate the destructive effects of natural disaster-causing phenomena or
serve as altematives to existing infrastructure found in natural hazard-prone areas.

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

The proponent of the infrastructure project shall follow the rules on just and
humane eviction or demolition under Section 28 of RA 7279 as a last resort,
notwithstanding the provisions of RA 8975, prohibiting lower courts from issuing
temporary restraining orders, preliminary injunctions or preliminary mandatory
injunctions. The proponent shall also follow the provisions of RA 8371, particularly
those pertaining to the rights of IPs or ICCs in case of displacement. The national
government infrastructure projects shall, after determining that displacement is
unavoidable, include the budgetary requirements for the adequate relocation of
displaced communities.

SEC. 64. Infrastructure Projects within Geo-hazard Areas. — Construction of
priority infrastructure projects within hazard-prone areas are allowed. However,
mitigating or preventive measures must be adopted and implemented to address the
potential adverse economic, socio-cultural and environmental impacts that emanate
from these infrastructure projects, subject to the findings and recommendations of a
feasibility study or environment impact assessment in accordance with PD 1586 and
RA 4846, otherwise known as the “Cultural Properties Preservation and Protection
Act.”

Existing projects that were undertaken without the required environmental
impact assessment and which pose a threat to the environment, or to the integrity of
historic, archeological or scientifically significant areas, or impinge on critical
ecosystems, and other areas identified in the watershed management plans may be
terminated immediately or gradually phased-out and relocated. If the existing project
is to be maintained within their life span, mitigating measures must be adopted and
implemented. The rules on mandatory public hearings or consultations and just and
humane eviction or demolition shall also be observed prior to the termination, gradual
phase-out, or relocation of projects that necessarily involve dislocations or
displacement of the people in the area

Article 10
Agro-Industrial Development

SEC. 65. Land Consolidation for Agro-industrial Development. - The

consolidation of small-scale agricultural landholdings shall be promoted to take
advantage of economies of scale in agricultural production, to promote value chain

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development, and to increase farm incomes and improve the quality of life of farmers.
A Land Consolidation and Utilization Program under the DA shall be established. The
program shall implement the following:

(a) Consolidation of small contiguous landholdings into bigger agricultural
estates for farm operations and agro-industries;

(b) Crafting of a comprehensive plan and study of the optimum utilization and
long-term productivity of bigger landholdings;

(c) Private sector participation in agricultural production and management
through adequate security, incentives and reasonable return on investments, within
limits set by existing laws;

(d) Development and adoption of cooperative systems that will increase the
participation and protection of small farmers; and

(€) Provision of support to consolidated farms in such forms as farm-to-market
roads, irrigation, utilities, logistics, processing facilities, upgrading of basic social
amenities, and marketing assistance to farmers.

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

SEC. 66. Values Formation. — In order to develop a well-informed, responsible
and committed citizenry, who value the protection, conservation and development of
the limited land and other physical resources of the country, the CHED, with prior
consultation with concemed stakeholders, may include a subject or topic on
sustainable land use in the general education curriculum of higher education
institutions.

SEC. 67. Information or Education Campaign and Capacity Building. - The
NLUC shall spearhead a nationwide information or education campaign on land use
and physical planning together with the local and national government agencies. The
DHSUD, jn coordination with DILG, CHED and other 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 and the general public.

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CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

Article 1
Incentives

SEC. 68. Formulation of a System of Incentives and Awards. — The NLUC shall
come out with a system of incentives and awards to LGUs that regularly update their
CLUPs within the prescribed period, as follows:

(a) Provinces, highly urbanized cities, and independent component cities
once every twelve (12) years; and

(b) Component cities and municipalities once every twelve (12) years.

SEC. 69. Priority in Giving Technical Assistance to LGUs. — In providing
technical assistance and other forms of support related to land use management and
the implementation of development plans, the national government agencies shalll give
priority to cities and municipalities with approved CLUPs. The same assistance and
support shall also be provided to the fifth (5%) and sixth (6%) class municipalities:
Provided, That the lack of technical assistance shall not exempt said cities and
municipalities from the provisions of Section 70.

Article 2
Sanctions and Penalties

SEC. 70. Failure to Formulate, Enforce, or Implement the CLUPs. — Within
three (3) years from the effectivity of this Act, all LGUs shall complete the formulation
of their CLUPs.

Failure to formulate, enforce or implement the CLUPs shall be subject to the
penalties and sanctions to be imposed by DHSUD pursuant to RA 11201, otherwise
known as the "Department of Human Settlement and Development Act” and its
Implementing Rules and Regulations. The DILG, consistent with due process, shall
investigate, review, and impose appropriate action regarding local chief executives
and other local officials and employees responsible for the formulation, enforcement,
and/or implementation of the CLUPs in case of any of the following:

(a) Failure to implement and enforce the CLUP due to negligence of
duty;
(b) Failure to provide appropriate budgetary allocation to effect its

implementation; and

© Failure to complete the preparation and undergo review and approval
process of the CLUP despite the availability of funds, resources, and
support by the Sanggunian concerned.


SEC. 71. Causing Irrigated Agricultural Lands to be Idle. - Any person or
juridical entity who shall cause any irrigated lands, whether contiguous or not, within
the protected areas for agricultural development, to lie idle and unproductive for a
period exceeding one (1) year, unless due to force majeure, shall be subject to an idle
land tax equivalent to five percent (5%) of the value of the agricultural land as
appearing in its real property tax declaration. In addition, the violator shall be required
to put back such lands to productive agricultural use. Should the continued agricultural
inactivity, unless due to force majeure, exceed period of two (2) years, the land shall
be subject to escheat proceedings.

SEC. 72. Person Abetting Illegal Conversion. - Any person initiating, causing,
inducing, or abetting illegal conversion as defined in Section 73(c) of RA 6657, as
amended, and Section 4(cc) of this Act shall, upon conviction, be imprisoned from
seven (7) to twelve (12) years and imposed a fine of not less than One hundred
thousand (PI00,000.00) pesos, or both at the discretion of the court: Provided, That if
the offender is a public official or employee, whether elected or appointed, the penalty
shall, in addition thereto, include dismissal through permanent separation from the
service and forfeiture of all benefits and entitlements accruing to the public position
and perpetual disqualification to run or apply for any elective or appointive public office:
Provided, further, That if the offender is a juridical person, the penalty of imprisonment
shall be imposed on the president, chief executive officer, manager, chairperson and
all the members of the board, and other responsible officers thereof, and the fine shall
be equivalent to the zonal value of the land or forty percent (40%) of the shareholders
equity, as determined at the time of judgment whichever is higher, plus forfeiture of
the land in favor of the State for sale though public auction, the proceeds of which shall
automatically accrue to the Agrarian Reform Fund as provided for in Section 79 of this
Act.

SEC. 73. Fine for Non-Completion and Non-Commencement of Development
of Agricultural Lands with Approved Order of Conversion. — A landowner and
designated developer or duly authorized representative who, without justifiable cause,
fails to commence or complete the development of agricultural lands with approved
order of conversion shall be penalized, jointly or severally, with any of the following
fines based on the zonal value of the land at the time the fine is imposed:

a) On failure to commence within one (1) year from the date of conversion order:

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

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

(3) Thirty percent (30%) of the zonal value of the subject land for the remaining

area: Provided, That the order of conversion shall be deemed revoked automatically
and the land shail revert to its original agricultural use.

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(b) On failure to complete fifty percent (50%) of the approved conversion plan
within a specified time frame. Fifty percent (50%) of the zonal value of the subject land
and the revocation of the conversion plan on the undeveloped portion which shall
automatically revert to its original use as agricultural land. The same shall be covered
under the CARP and processed for land distribution as soon as possible.

SEC. 74, Change of Use from the Previously Authorized Conversion Order. —
The landowner and future landowners of the property approved for conversion shall
not change its use to another use not authorized under the Conversion Order without
prior consent from the DAR. This prohibition extends to changes in housing standards,
changes in selling schemes, changes from social housing to open market housing or
vice-versa, and all other similar changes. Violation of which shall be penalized with
revocation of Conversion Order and forfeiture of cash bond.

SEC. 75. Payment of Disturbance Compensation. — Following the order of
priority as enumerated in Section 22 of RA 6657, as amended, qualified beneficiaries
such as agricultural lessees and share tenants, regular farm workers, seasonal farm
workers, other farm workers, actual tillers or occupants of public lands, collective, or
cooperative of the above-mentioned beneficiaries, and others directly working on the
land affected by agricultural land use conversion shall be entitled to the payment of
disturbance compensation equivalent to five (5) times the average of the gross
harvests on the landholding during the last five (5) preceding calendar years or a
certain percentage of the converted land, whichever is higher, as determined by the
DAR.

SEC. 76. Authority to Impose Fine. - The DAR shall impose the penalty
provided for under the preceding section

SEC. 77. Withdrawal of Local Development Permits or Licenses. - Upon receipt
of notice from the DAR of illegal conversion, the concerned agencies, city or
municipality shall withdraw or revoke any development permit or license issued to
illegally converted agricultural lands.

SEC. 78. Penalty for Reclassification of Protected Agricultural Lands and
Exceeding the Limit of Areas Allowed for Reclassification. — Any person initiating,
causing, inducing or abetting the reclassification to non-agricultural uses of protected
agricultural areas as defined in this Act shall be punished with imprisonment of twelve
(12) years or a fine of not less than One Hundred Thousand Pesos (P100,000.00), or
both, at the discretion of the court

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

If the offender is a juridical person, the president, chief executive officer,

manager, chairperson, members of the board and other officers who directly
participated in the violation of this Section shall be held liable.

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The same penalty is applicable to persons who are responsible for exceeding
the limits set forth under Section 20 of RA 7160 pertaining to reclassification of lands.

SEC. 79. Utilization of Fines. — The fines collected under Sections 72, 73 and
78 of this Act shall accrue to the Agrarian Reform Fund and shall be used for the
purpose for which the fund is established.

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

‘SEC. 80. Convening of the NLUC. — Within thirty (30) days from the effectivity
of this Act, the chairperson shall convene the NLUC.

SEC. 81. Implementing Rules and Regulations. — Within six (6) months from
the effectivity of this Act, the NLUC shall promulgate the rules and regulations to
implement the provisions of this Act.

‘SEC. 82. Congressional Oversight Committee on the Land Use Act. - There is
hereby created a joint congressional oversight committee to monitor the
implementation of this Act. The committee shall be composed of seven (7) senators
and seven (7) representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The members from the Senate
shall be appointed based on proportional representation of the parties or coalitions
therein, with at least two (2) Senators representing the minority. Likewise, the
representatives from the House of Representatives shall be appointed based on
proportional representation of the parties or coalitions therein with at least two (2)
Members representing the minority.

The mandate given to the joint congressional oversight committee under this
Act shall be without prejudice to the performance of the duties and functions by the
respective existing oversight committees of the Senate and the House of
Representatives. The secretariat of the committee shall be drawn from the existing
secretariat personnel of the committees comprising the oversight.

‘SEC. 83. Appropriations. — The amount necessary for the initial implementation
of this Act shall be charged against the current year’s appropriations of the
departments and agencies concemed. Thereafter, such amount shall be included in
the annual General Appropriations Act.

SEC. 84. Review of the Existing Land Use Plans. - Provinces, cities, and
municipalities with existing land use plans shall review, revise, reconcile, and
harmonize their respective land use plans in accordance with the guidelines and
standards issued by the National Land Use Commission (NLUC) within one (1) year
from the effectivity of this Act.

All other laws, orders, issuances, rules and regulations inconsistent herewith
are repealed or modified accordingly.

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SEC. 85. Non-impairment Clause. — Nothing in this Act shall be construed as
to diminish or impair the rights recognized, granted, or available to marginalized or the
basic sectors under existing laws or to diminish or impair vested rights generally,
including the rights of indigenous cultural communities and indigenous peoples as
provided under RA 8371.

SEC. 86. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in full force and effect.

SEC. 87. Repealing Clause. — Sections 10 and 11 of RA 8435, Sections 447
(a2vii) and 458 (a2viii) of RA 7160, the pertinent provisions of EO 648, series of 1991,
EO 72, series of 1993, EO 770, series of 2008, Letter of Instruction No. 1350, series
of 1983, PP 2282, series of 1983 are hereby repealed, amended or modified
accordingly

SEC. 88. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,