ZEEPRESES
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Republic of the Philippines f'S) ERPS a ogy
HOUSE OF REPRESENTATIVES lio DATE:

Quezon City, Metro Manila

EIGHTEENTH CONGRESS
‘4st Regular Session

House Bill No. 4398

Introduced by Hon. Francis Geraid Aguinaldo Abaya

EXPLANATORY NOTE

In view of the drastic effects of climate change, the problem of limited food and
water supply, foreign land grabbing and other confiicting claims, it is high time that the
legislative branch of this government pass a law on national land use. A comprehensive
program on proper utilization and management of land resources is essential in the
country’s pursuit of being a developed nation. The concrete results of such program will
determine the country’s capability to meet the present and future demands of the citizens
and therefore we should bear in mind the long-term impact of this proposed bill.

While we have limited ‘and resources, our population is steadily increasing and
mast of the peopie are concentrated in urban areas. # becomes difficult to provide for the
needs of each and every Filipino and to ensure the sustainability of our present land
resources. There are also negative externalities such as misuse of resources due to
commercial activities as well as the threat of foreign occupation that make the situation
worse. There is also a need to determine the country’s permanent forest fine so that we
can effectively protect and preserve these areas. This proposed bill considered these
issues in addressing the problem on land use. We are not only aiming for proper utilization
and management of land resources fo achieve economic growth but also to guarantee
that our resources can still be used by the future generations.

This proposed measure seeks to harmonize the reasonable land interests of
stakeholders to promate jong-term development and sustainabiity through effective land
use planning and allocation and people's participation. it provides guidelines and criteria
for land use based on the assessment of the developmental needs of various sectors and
integration of a consultative approach in determining such needs.

Further, it is aso significant that this bill lays down land use categories and
requirements that are clearly delineated to avoid overlapping of interests. Lastly, a
mechanism for the harmonization of conflicting ‘and laws as well as protection of prime
agricultural lands for food security and sufficiency are included in this proposed measure.


For the foregoing reasons, the approvat of this bill is earnestly sought.



S55 0euHH eee

Republic of the Phiiippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

House Bill No. 4398

Introduced by Hon. Francis Gerald Aguinaldo Abaya

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

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

CHAPTER I
INTRODUCTORY PROVISIONS

SECTION 1. Titfe, — This Act shail oe known and cited as the “National Land
Use and Management Act of the Philippines’.

SECTION 2. Declaration of Policies and Principies. — 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 and water resources so that their
use is consistent with the principles of equity, social justice, environmental integrity
and sustainable development for the common good;

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

(c) Treat groups of islands, including parts of islands, interconnecting
walers and other natural features which are so closely interrelated, as forming an
intrinsic geographical, economic and Political entity, or which historically have been
regarded as such entity: and

{d) __ Strengthen the capacity of the local government units (LGUs) to manage
and maintain ecological balance within their territorial jurisdiction, in partnership with
the national government in accordance with the Philippine Constitution and Republic
Act No. 7160 or the Local Government Code cf 1991

Towards these ends, the State shall institutionalize land use and physical


planning as a mechanism for identifying, determining, and evaluating appropriate land
use and allocation patterns that promote and ensure:

(1} Maintenance and preservation of environmental integrity and stability;

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

(3) Disaster risk reduction and climate risk-based planning;

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

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

(8) Sustainable development and Management of water resources;

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

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

(8} Respect for and protection of the traditional resource right of the
Indigenous Cultural Communities/Indigencus Peoples (ICCs/lPs} to their ancestrai
domains; compliance with free and prior informed consent of ICCs/IPs; and recognition
of customary laws and traditional resource use and management, knowledge, and
practices in ancestral domains;

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

(11) Energy security or energy self-sufficiency:

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

(13) Meaningful participation of the basic sectors.

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

SECTION 4. Definition of Terms. —

(2) Agricultura tand refers to the subclass of classified agriculturat lands
devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees,
raising of livestock, poultry, fish or aquaculture production, including the harvesting of
such farm products and other farm activities and practices performed in conjunction
with such farming operations, by persons whether natural or juridical, and not
classified as residential tand, commercial land or industria! land;

(0) Agricuitural fand use conversion refers to the undertaking of any

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development activity which modifies or alters the physical characteristics of agricultural
lands to render them suitable for nonagricultural purposes under an approved order of
conversion issued by the appropriate government agency:

(c)_ Alienable and disposable iands of the public domain refer to lands of the
Public domain which have been delineated, classified, and certified as such and
available for disposition under Commonwealth Act No. 141, otherwise known as the
Public Land Act, as amended:

(¢)__ Ancestral domains refer to all areas generally belonging to ICCs/IPs as
defined in Republic Act No. 371, otherwise known as the Indigenous Peoples Rights.
Act (IPRA) of 1997:

(©) Ancestral Domain Sustainabie Development and Protection Plan
{ADSDPP} refers to a pian formulated and pursued in accordance with the rights of
ICCs/IPs to manage and develop the land as well as natural and human resources
within their ancestral domains based on their indigenous knowledge systems and
practices on the principle of self-determination;

0) Classified agricultural fand refers to one of the four (4) classifications of
fand under the Constitution not classified by law as mineral land, forestland or national
Park and the only land classification ‘Subject to afienation;

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

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

{) Comprehensive land use planning refers to the act of defining the
allocation, utilization, development, and management of all lands within a given
territory or jurisdiction according to the inherent cheracteristics of the land itself
and supportive of sustainable, economic, demographic, sociocultural and
environmental objectives as an aid to decision-making and legislation;

OD Critical watershed refers to watersheds or forestlands that have been
identified and evaluated to provide critical and vital natural, ecological, environmental
and physical beneficial services such as water, biodiversity, energy, irrigation, social
and cultural, among others, to a specific area or community and whose existing

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biophysical condition demands immediate rehabilitation, protection and management
to prevent its further denudation, deterioration and exploitation;

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

0} Customary laws refer to a body of written and/or unwritten tules, usages,
customs and practices traditionally and continually recognized, accepted, and
observed by respective ICCs/IPs consistent with the IPRA,

{m} Danger zones refer to areas with high level of threat to the lives and well-
being of people that cannot be addressed through scientific, physical and engineering
methads, and are therefore not suitable for settlement and Permanent structures.
Areas can only be declared as danger zones after conducting proper technical studies
and public consuttations with affected families;

(0) Development pian refers to a document that defines the activities and
measures that the national government or LGUs intend to implement over a specified
period of time in order to achieve the defined set of development goals identified in the
national or focal physical framework plans. It integrates socioeconomic, financial,
fiscal, legal and legisiative, institutional and sectoral plans of the national goverment
or any of its instrumentality or a particular LGU, consistent with the objectives identified
in spatial plans such as land use plans or physical framework plans. It may include an
analysis of problems and resources, definition of goals and objectives, policy
guidelines, project and target achievements, and an implementation mechanism which
defines the roles and contributions expected from the government and the private
sector,

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

(p) Disaster risk reduction refers to the concept and practice of reducing
disaster risks through systematic efforts to analyze and manage the causai factors of
disasters, including reduced exposure to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and improved preparedness
for adverse events;

(q)  Ecologicalty-fragile iands refer to iands within critical watersheds,
brackish and freshwater wetlands, pasture lands, inland rivers and waterways, coastal
and settlement areas, and croplands which require rehabilitation, protection and
whose continued unsustainable use would result in physica! 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;

0] Ecotourism refers to 2 form of sustainable tourism within a natural and/or
cultural heritage area where community participation, protection and management of
natural resources, cuiture and indigenous knowledge and practices, environmental
education and ethics, as well as economic benefits are fostered and pursued for the
enrichment of host community and satisfaction of visitors;

(s) Energy resources refer to surface or subsurface substances that serve

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aS energy sources. These are traditionally mineral fuel deposits such as coal,
petroleum, natural gas or renewable resources from geothermal, hydro reservoirs, or
nenconventional sources including ocean waves, solar, wind, biomass, and other
similar resources which serve the same Purpose;

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

(4) _ Environmentaily-cntical areas refer to areas declared by law as @
areas for natural parks, watershed reserves, wildlife preserves, and sanctuaries; (i)
areas set aside for aesthetic and visual value; {iii} areas that constitute the habitat for
any endangered or threatened species of indigenous Philippine wildlife, both flora and
fauna; (iv) areas of unique historic, archaeological, or scientific interests; (v) areas that
are traditionally occupied by ICCs/IPs; {vi} areas with critical slopes: (vi) areas
frequented and/or hard hit by natural calamities such as, but not limited to, geologic
hazards, floods, typhoons and volcanic activities; (vii) recharge areas of aquifers; (i<)
Mangrove areas: (x) coral reefs; (xi) mossy and virgin forests; (xi) rivers and
riverbanks; (xii) swamp forest and marshlands; (xiv) foreshore lands; (x) protected
areas pursuant to Republic Act No. 7586 or the NIPAS Act of 1992; and (xvi) areas
Set aside as aesthetic potential tourist Spots. This term shalt also include other
terrestrial, aquatic and marine areas that need special protection and conservation
Measures because they are ecologically fragile or they are needed for food security
and food self-sufficiency as determined by concemed agencies and LGUs in
consultation with the concerned stakeholders;

() Exhausted minerat resources refer to a situation where the mineral
resources in specific sites are no fonger in sufficient quantity or quality to justify
additional expenditure for extraction or utilization:

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

()__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
@ result of changes in the mean water level of these bodies or because of land
reclamation and other artificial interference with the natural processes;

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

(2) _ Food seif-sufficiency refers to the policy objective of meeting the food
Tequirements through intensive local food Production in a sustainable manner based
on the country’s existing and potential resources and related production advantages;

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{a2) Foreshore fand refers toa String of land margining a body of water, the
part of a seashore between the low-water line usually at the seaward margin of a low
tide terrace and the upper limit of wave wash at high tide often marked by a beach
‘SCarp or berm;

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

(cc) Foresttands refer to one of the four (4) ciassifications of land under the
Constitution under the public domain classified and/or determined as suitable for forest
purposes not classified as mineral and, national Park and classified agricultural land.
These include al! permanent forest, forest reserves, forest reservations, and all the
remaining unciassified fands of the public domain;

(dd) Forest Land Use Pian {FLUP) refers to the allocation of forestlands into
their appropriate uses consistent with existing biophysical conditions such as
topography, soil type, land use, climate, water sources and socioeconomic, cuttural
and political realities. Forestland use planning should be abie to delineate protection
and production forests;

(ee) Forestiand subclassification refers to the process of determining the
Most appropriate and sustainable use of forestlands primarily as protection forest and
Production forest. They may be further subclassified as grazingipasture land,
recreational areas and other uses, taking into account ecological, social and economic
considerations;

(f) Free, Prior and informed Consent (FPIC) means the consensus of all
members of the ICCs/IPs to be determined in accordance with their respective
‘customary laws and practices, free from any external manipulation, interference and
Coercion, and obtained after fully disclosing the intent and scope of the activity, ina
language and process understandabie to the community:

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

(hh) Indigenous Cultural Communities/indigenous Peoples (ICCSAPs) 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 whe 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, sociai and Culturai inroads of colonization,
nenindigenous religions and cultures, became historically differentiated from the
majority of Filipinos. ICCs/IPs shail likewise include peoples who are regarded as
indigenous on account of their descent from the Populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads of
Ronindigenous religions and cultures, or the establishment of present State

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boundaries, who retain some or ail of their own Social, economic, cultural and political
institutions, but whe may have been displaced from their traditional domains or who
may have resettled outside their ancestral domains;

{ii)__ inland waters refer to waters, which are not coastal and marine waters,
and not subject to acquisitive Prescription consistent with the provisions of Presidential
Decree No. 1067 or the Water Cade of the Philippines;

i) integrated watershed management refers to a planning strategy or
Program for watershed areas that complement environmentally-sound soil and water
management practices with mechanisms for ensuring greater responsibilty,
involvement, or participation of individuais, groups, communities and other
stakeholders benefiting from these areas and water-related infrastructure;

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

(il Land refers to resources, doth artificial and natural, found on the surface,
below, and above the ground including inland waters anc the air therein;

(mm) Land subciassification refers to the act of determining and assigning
Specific uses of classified lands such as forestlands, classified agricultural lands,
mineral lands and national parks in accordance with existing faws and this Act;

{nn} Land use refers to the manner of allocation, utilization, management and
development of land:

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

(pp) Mandatory public hearings/consultations refer to the mechanism to
ensure the involvement of concerned stakeholders and communities in fand use
planning, from the barangay to the national level, to ensure the social acceptability of
the plans. It should involve giving notice of hearing/consultation to concemed
stakeholders through publication or posting in conspicuous places, conduct of a
reasonable number of hearings, solicitation of positions to arrive at a consensus.
Public presentation and validation of the planning results shall also be undertaken
before the final adoption of the pians;

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

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

(ss) Mineral lands refer to lands of the Public domain, excluding those in
Permanent forestlands and protection lands, where mineral resources are found in

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sufficient quantity and quality for extraction, development and utilization;

(tt) Multiple use of land resources refers to the utilization or management
Strategy for any land which allows any activity involving one or more of its resources,
depending on the result of prior evaluation on its numerous beneficial use, that will
produce the optimum benefits to the development and progress of the country and the
Public welfare without impairment or with the feast injury to its other resources;

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

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

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

0) National park refers to forest reservation essentially of natural widemess
Character which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set aside as
such exclusively to conserve the area or preserve the scenery, natural and historic
objects, wild animals and plants therein and to provide enjoyment of these features in
Such areas, It shall also refer to lands and waters of the public domain classified as
such in the 1987 Constitution which inciude all areas under the NIPAS pursuant to the
NIPAS Act of 1992, primarily designated for the conservation of native plants and
animals and associated habitats and cultural diversity:

(yy) Network of Protected Areas for Agriculture and Agro-industriat
Development (NPAAAD) refers to agricultural areas identified by the Department of
Agriculture (DA) through the Bureau of Soils and Water Management (BSWM), in
Coordination with the National Mapping and Resource Information Authority
{NAMRIA), in order to ensure the efficient utilization of land for agriculture and agro-
industrial development and promote sustainable growth. The NPAAAD covers all
irrigated areas; all irrigable lands already covered by irrigation projects: all alluvial
plains; lands highly suitable for agriculture whether irrigated or not; agro-industrial

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eu aHVEEwe

Groplands or lands planted to industrial crops that support the validity of existing
agricultural infrastructure and agro-based enterprises; highlands or areas located at
an elevation of five hundred (500) meters or above and have the Potential for growing
semi-temperate and high vaiue crops; all agricultural lands that are ecologically fragile,
the conversion of which will result in serious environmental degradation; and all
mangrove areas and fish sanctuaries;

(22) Permanent forests or forest reserves refer to lands of the private or
Pubic domain which have been identified and determined to be needed for protection,
conservation, preservation and management as forests and shall be reserved,
conserved and protected into perpetuity for such purpose;

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

(bbb) Physical framework pians refer to the national, Tegional or provincial
indicative plans that outline the overall and macro-level Physical development
objectives, priorities, directions and strategies in its respective levels as prepared,
reviewed, integrated and finalized by the national, regional and provincial land use
Counciis/ooards, respectively, based on the CLUPs of the LGUs and the national policy
guidelines relating to land use and environmental management to prevent or mitigate
the adverse effects of inappropriate resource utilization on food security, the people's
welfare, and their environment:

{ecc) Premature or illegal conversion refers to any activity that modifies or
alters the physical characteristics of agricultural lands to render them suitable for
nonagricultural purposes without an approved order of conversion from the
Department of Agrarian Reform (DAR) Secretary,

(ddd) Prime agricuttural iands refer to ail contiguous irrigated areas and
irrigable tands already covered by irrigation projects; alt alluvial plain lands highly
Suitable for agriculture, whether irrigated or not, that have been identified to satisfy the
country’s needs for food self-sufficiency and security; agro-industrial croplands or
ands presently planted and suitable to industrial and high vaiue crops; highlands, or
areas located at elevation of five hundred (S00) meters or above and have the potential
for growing semi-terperature and high value crops outside of declared permanent
forestlands and protection forests and not located in ecologically-fragile and
environmentaily-critical areas;

(eee) Production forest refers to forestland located in production iands
managed primarily for the production of timber and other tree products;

(fff) Production lend use refers to the direct and indirect utilization of land to
generate outputs resulting from the foliowing activities: agricultural, fish farming or
aquaculture, timber or agro-forestry, grazing and pasture, mining, indigenous energy
resource development, industry, and tourism:

(999) Protected areas refer to portions of land and water set aside by reason
of their unique physical and biological significance. managed to enhance biological

9


diversity, and protected against human exploitation. For purposes of this Act, these
shall also include all natural forests and agricultural lands identified and delineated
under this Act;

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

{ili} Protection fand use refers to the use of land primarily reserved for
rehabilitation, conservation, and protection purposes and the promotion of the
country’s ecological and life-support systems,

i) Public domain refers to lands belonging to the State which may be
Classified as agricultural, forest or timber, mineral, or national park as provided for in
the Constitution;

{kkk} Reclassification of agricultural lands refer to the act of specifying how
agricultural lands shail be utilized for nonagricultural uses such as for residential,
industrial, or commercial purposes, through the local planning and Zoning processes,
Pursuant to the Local Government Code of 1991, and subject to the requirements and
procedures for conversion;

(I) Resettlement sites refer to areas identified by the appropriate national
agency or by the LGU, with respect to areas within its jurisdiction, which shal! be used
for the relocation of the underprivileged and homeless, as defined under Republic Act
No. 7278 or the Urban Development and Housing Act (UDHA);

(mmm) Resioration refers to returning foresttand to its original forested
State in terms of species’ composition, Structure, function and productivity;

(nnn} Restoration zones refer to forest areas where activities are conducted to
restore its forested state;

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

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

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

(tr) Shoreline refers to a strip of iand covenng at feast one (1) kilometer from
the point where seawater reaches during the highest high tide;

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

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{0 international and regional spatial data infrastructure:

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

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

(wy) Strategic Agricuiture and Fisheries Development Zones (SAFOZs) refer
{0 areas within the NPAAAD identified for production, agro-processing and
marketing activities to help develop and modemize, with the support of government,
the agriculture and fisheries sectors in an environmentally and sociocuiturally sound
manner,

(www) Subclassification or reclassification of agricultural lands refers to the
Process undertaken by the LGUs of allocating declared agricultural lands in their
respective territorial jurisdictions to Specific uses such as residential, industrial or
Commercial purposes and may be used as a basis for application for land conversion
by the owners thereof:

(0x) Sustainable development refers to the development objective of meeting
the needs of the present generation without compromising the ability of future
Seneralions to meet their own needs consistent with the principles of social equity,
efficiency, and environmental integrity;

Uyy) Sustainable traditional resource rights refer to the rights of ICCs/IPs to
sustainably use, manage, Protect and conserve: (1) land, air, water, and minerals; (2)
Plants, animals and other organisms, (3) collecting, fishing and hunting grounds; (4)
Sacred sites; and (5) other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge, beliefs, systems and practices;

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

(aaaa) Tourism ecozone refers to tourism development areas, outside
protection lands, which have been granted Special Economic Zone status, through the
Philippine Export Zone Authority (PEZA) registration and issuance of the required
Presidential Prociamation, with its metes and bounds delineated by said Proclamation,
Pursuant to Republic Act No. 7916 or the Special Economic Zone Act of 1995 (SEZA),
as amended;

(bbbb) Tourism estates refer to large tracts of land with well-defined boundaries
in any area, excluding those in protection lands, identified in the Phitippine tourism

uN


Sewmaaueaune

master plan and regional tourism master pian, by proclamation of the President of the
Philippines and/or by acts of Congress andfor 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 aclivities;

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

(dddd) Tourist zone refers 10 2 geographic area with well-defined boundaries
proclaimed as such by the President of the Philippines and/or by acts of Congress. No
development projects for any purpose shall be initiated and introduced within the zone
Prior to the formulation of a tourism master development plan which shall be
undertaken in coordination with the Department of Tourism (DOT) and the Tourism
Infrastructure and Enterprise Zone Authority (TIEZA). A tourist zone is established for
the enhancement and/or the conservation of cultural and historical heritage and for the
appreciation and enjoyment of the local Population and its visitors;

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

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

(9999) Urban forestry or green space refers to the establishment or setting-up
of areas for mini-forests, ecoparks or small nature Parks, in both public and private
lands: wetlands, man-made lagoons and lakes systems, riverbanks and shores,
grasslands, roof and rock gardens: lining roads and highways with trees, shrubs, or
ornamental plants, and ground landscaping of schools, hospitals, and other
government agencies in order to improve the environment in urban areas;

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

(ili) 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;

Gil) _ Watershed refers to a topographically delineated area of land from which
rainwater can drain as surface runoff 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:

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

(ill) Zoning ordinance refers to a local law passed by the sangguniang bayan
or Sangguniang panlungsod approving the development control/zoning plan in
accordance with an approved or adopted CLUP of the city/municipality, providing for

2


the regulations and other conditions on the land uses including the limitation on the
infrastructure that may be placed within the city’s/municipality's territorial jurisdiction,
itincomporates the protected areas, protected agricultural lands and ancestral lands as
provided for in this Act.

CHAPTER I
FRAMEWORK FOR LAND USE PLANNING

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

(a) _ Protection land use category as defined in Section 6 shall prevail over
®xisting production land use category, The State shall undertake the necessary action
in changing the classification of these production areas:

(b) Preservation, conservation, rehabilitation and protection to perpetuity of
Permanent forestlands, critical watersheds, key biodiversity areas, environmentally-
critical and ecologically-fragile areas and prime agricultural fands from any other land
use, conversion, disposition, intrusion, utilization and development aside from their
determined use and limits;

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

(@) Protection of forest and wetlands from infrastructure development to
Preserve the ecological services they provide which are essential to econamic
development. These activities include, but not limited to, river channelization and
Gredging, large-scale irrigation and river diversions which reduce riverine habitat and
alter flood patterns and natural flow regimes, reduce downstream water availability for
agriculture and contribute fo salinization through saltwater intrusion in coastal areas:

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

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


(9) Respect for existing customary rights and traditional land uses of
ICCs/Ps;

(h) Identification of settlement areas to check the demand for land and
@stablish the location of employment-generating industries and basic services; and

@ The availability of natural resources including indigenous energy
resources for energy security and self-sufficiency. However, infrastructure energy
Projects such as dams with large reservoirs in natural ecosystems shall not be allowed
if it would Interrupt the connectivity of river systems, disrupt fish spawning and
migration, and alter seasonal flood regimes,

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

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

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

(1) Natural and restored forests, which consist of:

i. All existing areas within forestiand containing primary and
secondary forests of whatever types of species;
i All existing areas within forestland containing secondary growth or
residual forests of whatever type or specie;
iil, Areas identified as KBAs;
iv. Restoration areas;
v. All mangrove forests;
vi. All easement areas as defined by Presidential Decree No. 1067,
otherwise known as the Water Cade of the Philippines; and
vi, All other areas that would be deemed appropriate for protection, as
designated by the Department of Environment and Natural
Resources (DENR), subject to the approval of the National Land
Use Policy Council (NLUPC), created pursuant to Section 55
hereof,

(2) Rehabilitated and/or reforested degraded mining areas;
{3) Critical ecosystems for protection, such as:
i. Coral reefs;
i Marshes and wetlands;
iii Lakes and rivers;
iv. Caves; and


v. Waterfalls;
(4) _Disaster-prone areas that include areas subject to, or may be subject to:
i. Recurrent fleoding;
i, Liquefaction;
ili, Tsunamis,

iv. Storm surges;
Vv. Polar vortex;
vi. Mass wasting;
vil. Volcanic eruption;
vill, Direct impact of seismic activity:
ix. Other disasters caused by climatic conditions; and
x. Other areas that pose a high degree of hazard to human occupation
and activity;

(5) Critical watershed areas;

(6) Marine protected areas;

(7) All prime agriculturat lands as defined under this Act;

(8) — Ecologically-fragile and environmentally-critical areas whose conversion
will result to serious environmental Problems and threats to public health and safety,

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

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

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

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

i. Lands whose soils are Suitable for agricuitural development;

All alluvial plain lands that are suitable for agricultural production
andfor can be devoted to food production;

iii, Alflands that are traditional sources of staple food:

iv. All cropiands required to attain a certain scale of production to
sustain the economic viability of existing agro-based industries in
the municipality, city or province: and

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

18


Somysaueune

(2) Coastal, inland water and marine Zones, such as fishponds;
(3) Production forests, such as:

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

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

li, All areas within forestlands managed under the community-based
forest management in areas not Classified as protection forests;

(4) Rangelands for grazing;

(6) Industrial development areas; and

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

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

't shall also include lands identified for institutional uses such as educational,
administrative, government, taw enforcement, health care and social services.
Seltlements and institutional land uses aim to ensure for the present and future
Séneration the: (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; and (2) access of the
Population to housing, education, heath care, recreation, transportation and
communication, sanitation, and basic utitties such as water, power, waste disposal,
and other services,

(d) Infrastructure Land Use refers to the uso of land dedicated to the provision
Of basic services that foster economic and other forms of integration necessary for
producing or obtaining the material requirements of Filipinos, in an efficient,
responsive, safe and ecologically friendly built environment. Itincludes, among others,
Subsectors like: road networks, transportation and communication facilities, sacial
services, environmental service facilities, and utilities,

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

SECTION 7. Land Use Plans for Ancestral Domains, — Land use plans for
ancestral domains shall be formulated by the ICCs/IPs themselves in accordance with

16


their particular needs and traditional resource and management systems with the
assistance of the National Commission on indigenous Peoples (NCIP), the LGUs and
civil society organizations (CSOs) concerned. Such plans shail be recognized and
adopted in the barangay, city/municipal, provincial, regional and national physical
framework plans.

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

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

SECTION 8 Adoption of Multiple Uses of Land. - The primary and
alternative uses of a specific land resource shail be determined and evaluated by the
respective local land use boards prior to any decision for the assignment of its use.
Areas feasible for sustainable land resource use may be considered multiple-use
zones wherein settlements, tourism, agriculture, agro-forestry and extraction activities
and other income-generating or livelihood activities may be allowed except areas
under protection land use: Provided, That multiple uses of land resources. shail be in
accordance with priorities in land use allocation identified in the approved physical
framework and land use Plans wherein such multiple uses are compatible with the
original land use and planning, and that no reclassification shall be allowed: Provided,
further, That, where there are vested rights, titles, and claims prior to the enactment
of this Act over the areas feasible for sustainable land resource use, the same shall
be respected.

CHAPTER II
SPECIAL AREAS OF CONCERN
ARTICLE 1
LAND USE CLASSIFICATION

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

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

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

ARTICLE 2

7


NIPAS AREAS

SECTION 11, integrated Management Strategy. — For more effective
planning, management, and protection of protected areas at the provincial and
municipality levels, the Protected Area Management Pian (PAMP) referred to in the
NIPAS Law shall be incorporated in the Provincial Physical Framework Pian (PPFP)
and CLUPs, if applicable, wherein protected area zoning shall be reflected

ARTICLE 3
AGRICULTURAL LANDS

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

SECTION 13. Conversion of Agriculturat Lands. — All lands considered and
identified as prime agricultural ands shall be maintained, managed and protected for
agricultural use and shall not be subjected to any form of conversion or reclassification,

Al other agricultural lands not identified as prime agricuitural lands can only be
converted to nonagricuttural uses upon issuance of a DAR conversion order: Provided,
That such conversion shall not drastically change the nature of the overall land uses
in the surrounding and adjacent areas from its existing land use: Provided, further.
That consistent with the State policy on giving priority to the completion of the CARP.
those lands covered under compulsory acquisition/voluntary offer to sell, production
oF profit-sharing subject to CARP shall also be protected from conversion pending the
distribution and/or installation of the farmer beneficiaries: Provided. finally, That
Pending the completion of mapping activities of the specific areas under the NPAAAD
and the SAFDZs under the AFMA and their incorporation in the National Physical
Framework Plan (NPFP), the application for conversion of these areas shall not be
given due course by the appropriate government agency.

ARTICLE 4
ANCESTRAL DOMAIN

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

SECTION 15. Respect for Ancestral Domains. — The Ancestral Domain
Management Plan (ADMP) or ADSDPP shall be adopted in the CLUP and/or other
plans that the GU is mandated to produce. The extent of the ancestral domains shall
be reflected in the land use plan, and shall be zoned as such in the zoning ordinance
't shall be co-managed by the LGU and iP community. Additionally, the ADSDPP shall

18


be included in the investment plans of the LGU.

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

ARTICLE 5
FORESTLANDS AND RESERVATION OF WATERSHED

SECTION 17. Permanent Forestiands. ~ Ali forestlands are classified as forest
or timberlands. Titles, settlements, permits, leases, and/or agreements within critical
habitats, critical watershed areas, Protected areas and KBAs shall be reviewed, and
their legality affirmed. All erroneous titles, settlements, permits, leases, and/or
agreements within permanent forestlands shall be cancelled or revoked in due course.
Noncompliance with and violations of these instruments shail be grounds for their
cancellation or revocation: Provided, That the applicable provisions of the IPRA of
1997 shall be respected.

Upon recommendation by the LGU, or the Forest Board, the DENR Secretary
shall revoke the abovementioned instruments.

SECTION 18. Additional Areas to be included as Permanent Forestiands. —
The following lands are needed for environmental protection and forestry purposes
and shall not be reclassified as agricultural ands or for any other fand use:

{a) Isolated patches of forest, regardless of size andor area, with rocky terrain
or which protect a springAwater source for communal use;

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

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

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

(e) Areas needed for public interest such as research or experimental purposes;
and

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

SECTION 19. Reversion of Alienable and Disposable Lands to
Forestiands. - Upon the recommendation of the DENR Secretary, duly reviewed and
endorsed by the NLUPC, and after due consultations with the concerned LGUs and
the affected parties, Congress may authorize the reversion of alienable and disposable
lands of the public domain or portion thereof to forestlands.


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

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

The DENR and the LGUs concerned Shall jointly implement the watershed
management plan subject te regular consultations with and involvement of the
community and other stakeholders in the implementation of the pian.

SECTION 22. Establishment and Management of National Parks. — All areas
proclaimed by the President of the Philippines and Congress to be under the NIPAS,
unless disestablished, including those identified initial components of the NIPAS as
KBAs shall comprise the national parks classification of the public domain. The DENR
and the LGUs concerned shall ensure that such areas are integrated in the CLUP and
Physical framework plans: Provided, however, That the preparation of management
Plans of protected areas/national parks shall be in accordance with the provisions of
the NIPAS Act and other laws establishing or declaring specific areas as protection
areas.

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

ARTICLE 6
COASTAL ZONES.

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

(a) Areas vegetated with mangrove species shall be protected, preserved and
mariaged as mangrove forestland and shall not be converted to ether uses:

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

20


{c}_Areas subciassified as mangrove and still suitable for use as such, or due to
environmental conditions, need to be preserved as mangroves but are devoid of
mangrove stands, shall not be converted to other uses, The DENR shall ensure that
these lands shall be reforested within a given period of time;

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

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

{) Areas which are considered as traditional fishing grounds shall be used
Primarily for such purpose:

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

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

SECTION 25. Coastal Land Zone Subclassification. — All public lands in the
Soasial 2ones shall be subclassified into any of the following: fishponds, mangroves,
Protection from tidal surge for preservation of biodiversity, habitats and sanctuaries for
endangered wildlife, fisherfolk settlement, or recreational/tourism areas.

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

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

(b) Prior consultation with local Fisheries and Aquatic Resource Management
Councils (FARMCs) formed pursuant to Republic Act No. 8550 ar the Fisheries Code.

SECTION 26. Zoning of Coastal Areas. - LGUs, in coordination with the
DENR, the FARMCS, local fisherfolk organizations and other concerned stakeholders
Such as women and youth, shall prepare the Coastal Zoning Resource Management
Plan (CZRMP) which shall be incorporated in the CLUP. Management zones defined

2


in the CZRMP should be reflected in the CLUP and the subsequent zoning ordinance
(ZO).

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

SECTION 28. Protection of Waterways, Easements and Flood Plains. —
Structures of any kind shall not be built in waterways and easements. Pursuant to
Presidential Decree No. 1067 or the Water Code of the Philippines, the banks of rivers
and streams and the shores of the seas and lakes throughout their entire length and
within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural
areas and forty (40) meters in forest areas, along their margins, are subject to the
easement of public use only in the interest of recreation, navigation, floatage, fishing
and salvage.

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

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

SECTION 29. Disposition of Public Lands for Fishponds, - Upon the
effectivity of this Act, but subject to existing rights and the preceding section, no
Fishpond Lease Agreement (FLA) shall be issued for tidal swamps, mangroves and
ollier swamps, marshes, ponds, foreshore lands, and coastal areas within public lands,
including those presently declared available for fishpond development. The Land Use
Policy Council (LUPC), in coordination with the DENR, the DA, the FARMCs and the
LGUs, shall set aside a portion of available public lands for fish propagation, fish
sanctuary, conservation, ecological purposes and fisherfolk settlement areas
Fishponds covered by existing FLAs, but are abandoned or are not operating
efficiently and are found suitable for mangroves, shall be reforested with mangroves.

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

2


ARTICLE 7
MINERAL LANDS

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

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

(a) The principles of sustainable development:

(b)__ Incase of small-scale mining, adequate and acceptable safeguards shall
be instituted by the holders of mining rights or permits to prevent environmental
degradation of the mining sites and adjacent areas;

(c) Mineral reservations which have become nonoperational for more than
ten (10) years, as determined by the Mines and Geosciences Bureau (MGB), shail be
placed under appropriate surface management by the DENR; and

(d) Ancestral domains declared as protected by virtue of their ADSDPP as
well as all watershed areas shail be closed to mining.

SECTION 33. Reversion of Mineral Lands. - Al| mineral iands with exhausted
mineral resources, as determined by the MGB, shall automatically revert to their
original land classification, that is, as forestland or agricultural land. The concerned
mining companies shail bear the full cost of rehabilitation of these areas.

ARTICLE 8
ENERGY RESOURCES

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

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

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

2B


(c) Protected areas defined in Section 6 shail be closed to any kind of energy
resource development;

(d) __ Energy reservations or portions thereof which have become or have been
established to be non-economicaily viable to operate or are no longer used for energy
purposes shall be reclassified to other land uses, subject to existing laws covering
energy reservations; and

(e) __ Renewable energy shall be preferred over other energy resource

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

ARTICLE 9
SETTLEMENTS DEVELOPMENT

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

SECTION 37. Settlements within Geo-hazard Areas and/or High
Risk/Danger Zones. ~- Settlements within geo-hazard areas and/or high risk/danger
Zones shail nat be allowed. in cases where there are existing settlements within geo-
hazard areas and/or high risk/danger zones, the concerned govemment agencies
shall provide assistance to concemed LGUs and settiers in instituting safety and
Corrective measures to address the potential danger or risk

SECTION 38. Designation of Waste and Environment Management Site. —
Each city or municipality shall identify and designate an area to serve as waste and
environment management, waste disposal, and facilities within one (1) year from the
effectivity of this Act. The LGUs, in coordination with the DENR or any other competent
authority, shall identify sanitary landfill in order to fast-track the conduct of the
Environment Impact Assessment (EIA) study and to facilitate the processing of the
ECC. The site or area shall be identified in the city’s or municipality's CLUP. For this
Purpose, cities and municipalities shalt establish their solid waste management
Program, pursuant to Republic Act No. 9003, otherwise known as the “Ecological Solid
Waste Management Act of 2000”. Likewise, as provided under Section 33 of the Local
Government Code of 1991, cities and municipalities may, through appropriate
ordinances, bind themselves towards the establishment of a common solid waste
Management program.


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

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

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

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

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

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

The current ZO of LGUs shall be reviewed and revised such that the socialized
housing component shal! be integrated thereto.

SECTION 41, Vafuation of Lands for Socialized Housing. — Equitable land
valuation guidelines for socialized housing shail be set by the Department of Finance
(DOF) on the basis of the market value reflected in the zonal valuation or, in its
absence, on the latest real property tax declaration. For sites already occupied by

25


Qualified beneficiaries under the UDHA, and sites identified as socialized housing
zones as defined in this Act, the DOF shall factor into the valuation, the blighted status
of the land as certified by the LGU or the National Housing Authority (NHA).

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

{@) _ Within alienable and disposable lands but not in environmentally-critical,
geo-hazard or other protection areas;

{b) Along established urban growth directions;

{c}__ With provisions for or can be provided with basic services and utilities:

(d) Within the 0-8% slope range; and

(8) Accessible from existing built-up areas and other employment centers
through existing or proposed roads and other transportation facilities,

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

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

ARTICLE 10
INOUSTRIAL DEVELOPMENT AREAS/SITES

SECTION 45. Criteria for Designating Industrial Development Areas. ~ The
identification and establishment of industria! development areas shall conform to the
Provisions of the SEZA, the Comprehensive Agrarian Reform Law (CARL), the IPRA,
the UDHA, the Fisheries Code and the AFMA, taking into consideration the following.

{a) _ Identified network of areas for agricultural development and protected
agricultural areas pursuant to the AFMA;

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

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

{d)__NIPAS and non-NIPAS areas such as, but not limited to, KBAs and
restored areas that require protection;

{e) National and Urban Development and Housing Framework;

() Identified socialized housing zones; and

(g)__ National Framework for Physical Planning and other existing national
programs and policies.

The designated industrial development areas shail be located only in production
land use areas and shall become an integral part of the land use pian and ZO of the
city or municipality where these areas are located. The laws on CARP Extension with

26


Reforms (CARPER), the IPRA, the UDHA, the Fisheries Code, the AFMA and the
Local Gavernment Code shall apply to alt special economic zones and freeporis.

ARTICLE 11
TOURISM DEVELOPMENT AREAS

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

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

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

The NHCP and the NM, in consultation with the NCCA and the Housing and Land
Use Regulatory Board (HLURB}, shall designate heritage zones to protect the
historical and cultural integrity of a geographical area that is significant to national
history.

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

ARTICLE 12
INFRASTRUCTURE DEVELOPMENT

a


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

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

(a) Respond to immediate and vital requirements of the national and regional
economy with priority to improving production-market integration, inter-moda!
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:

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

(Q) Mitigate the destructive effects of natural disaster-causing phenomena or
those that shall serve as alternatives to existing infrastructure found in natural hazard-
prone areas.

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

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

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

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

28


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

CHAPTER IV
PHYSICAL FRAMEWORK AND LAND USE PLAN

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

A set of national policy guidelines and standards for physical planning shall be
formulated by the NLUPC. These shalt guide the preparation and formulation of the
national, regional and provincial physical framework plans.

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

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

Furthermore, it shall consider the existing regional physical framework plans
(RPFPs) and PPFPs.

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

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

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

SECTION 51. National Physical Framework Plan. - The NPFP shall guide the
planning and management of the country's iand and other physical resources at the
national and subnational ieveis, and indicate broad spatial directions and policy
guidefines on protection land use, production land use, settiement development and

29


infrastructure development. The NPFP shall be the basis for adopting the land use
and physical planning-related guidelines, including zoning and other land use control
standards that will guide the formulation of city/municipal ZOs.

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

The resulting land use plan/physical framework shail be the basis for the
identification, formulation and development of national and loca! development plans,
Programs, projects and activities of the government at all levels.

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

The Regional Land Use Policy Council (RLUPC), created under Section 59 of
this Act, shali formulate and periodically update the RPFP based on the guidelines
issued by the NLUPC, in a manner consistent with and following the objectives of the
NPFP. Likewise, the Medium-Term Regional Development Plan (MTRDP) and the
Medium-Term Regional Development Investment Program (MTRDIP) shalll be guided
by and made consistent with the objectives identified in the RPFP,

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

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

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


39

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

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

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

The CLUP shall delineate actual boundaries on the ground within the territorial
jurisdiction, embody the desired land use patterns of the barangay, city or municipality,
translate and integrate sectoral plans, and provide appropriate policies for each of the
four (4) land use planning categories. The spatial directions prescribed in the CLUP
shall serve as the basis for the preparation and formulation of the Comprehensive
Development Plan (CDP) and the Local Development investment Programs (LDIP) of
the LGUs.

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

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

CHAPTER V
{IMPLEMENTING STRUCTURE AND MECHANISM

31


SECTION 55. Creation of the NLUPC. - The National Land Use Committee
(NLUC) under the NEDA Board (NB) is hereby abolished and, in its stead, the NLUPC
shail be created. It shall exercise the powers and —_responsibilities identified under
this Act and assume the functions of the NEDA Board-National Land Use Committee
(NB-NLUC). It shail further exercise the powers and functions pertaining to land use
planning vested by law to the HLURB, except the following

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

(b) Provide technica! and other forms of planning assistance to, including
capacity building for, LGUs and zoning boards; and

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

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

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

The members of the Council shat! be the following:

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

(b) The Secretary of the Department of Agriculture (DA);

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

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

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

(f) The Chairperson of the Housing and Urban Development Coordinating
Councii (HUDCC);

(g) The Chief Executive Officer of the Housing and Land Use Regulatory
Board (HLURB);

(h) The Administrator of the National Mapping and Resource information
Authority (NAMRIA);

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

(i) President of the League of Municipalities of the Philippines (LMP),

{k) Two (2) representatives each from four (4) basic sectors directly involved
in land use, namely: urban poor, peasants, fisherfolk, and indigenous peopies who
shall be appointed by the respective National Anti-Poverty Commission (NAPC)
sectoral councils. Of the eight (8) sectoral representatives, at feast four (4) shall be
women: Provided, That one of whom shall be from the Moro sector;

32


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

(m) The Head of the NLUPC Secretariat shall be a nonvoting ex officia
member.

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

SECTION 57. Powers and Functions of the NLUPC. - The NLUPC shail have
the following powers and functions:

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

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

(c) Ensure that policies, guidelines and standards on land use and physical
planning, including zoning, shall be followed by the RLUPC, local land use boards and
concerned national agencies, and that the RPFP, PPFP and CLUPs shali be
consistent with the NPFP;

{d) Ensure the consistency of other national development and sectoral plans
and programs, including the medium-term Philippine Development Plan and Public
Investment Program (PIP), with the NPFP;

{e) Integrate and harmonize all laws and policies relevant to land use in order
to. come up with a rationai, cohesive, and comprehensive national land use framework
and, if warranted, recommend to Congress the adoption, passage or amendment of
taws to ensure that sectoral plans, projects and activities, including local government
initiatives affecting land use are consistent with national development objectives;

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

(g) _ Issue locational clearance for projects of national significance;

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

@ Review the NPFP every ten (10) years;

0) Advise the President of the Philippines and the NEDA Board on ali
maiters concerning land use and physical planning;

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

33


eIYRHEYNE

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

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

CHAPTER VI
REGIONAL AND LOCAL LAND USE POLICY BODIES

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

(a) Formulate regional policies and guidelines which are consistent with the
national planning guidelines issued by the NLUPC in the preparation and formulation
of the respective provincial physical planning and comprehensive tand use plans of
LGUs within its jurisdiction;

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

(c) Review, prior to adoption by the respective sanggunians, the PPFPs and
CLUPs of highly-urbanized and independent component cities to ensure consistency
with the RPFP and national policies set forth by the NLUPC;

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

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

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

{g) Evaluate consistency of major programs and projects of regional
agencies and entities with the RPFP and their impact on land use and the environment;
and

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

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


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

SECTION 61. Powers and Responsibilities of the PLUPMB. — The following
are the powers and responsibilities of the PLUPMB:

{@) Formulate necessary provincial planning guidelines and/or implementing
policies for the preparation and formulation of the respective CLUPs within its
Jurisdiction consistent with approved national and regional planning policies and
guidelines;

{b) Submit to the PDC the draft CLUP for its transmission to the sangguniang
panlalawigan and for the PDC to use it as reference for consistency and
complementation with other development plans;

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

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

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

(f} Advise the sangguniang panialawigan on all matters pertaining to land
use and physical planning;

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

(h) Assist the sangguniang panialawigan in reviewing the submitted CLUPs
of component cities/municipalities to ensure consistency with the PPFP.

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

SECTION 62. Composition of the PLUPMB. — The PLUPMB shalt be
composed of the following fifteen (15) members to be selected based on the rules to

35


be formulated by the NLUPC as provided in this Act:

(a) Provincial Planning and Development Coordinator (PPDC);

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

(c} Provincial Chapter President-League of Municipalities andfar League of
Cities:

{d) Provincial Agrarian Reform Officer (PARO);

{e) Provincial Environment and Natural Resources Officer (PENRO);

() Provincial Agriculturat Officer (PAO):

(g) —_NCIP Provincial Officer;

(h) HLURB Regional Officer,

() Three (3) representatives from the local business or private sector: the
developers’ association and accredited associations of professionals dealing with land
use such as, but not limited to, urban and regional planners, environmental planners,
architects, geologists, geodetic engineers; and chamber of commerce, who shall be
appointed from among the accredited organizations within their respective
development councils;

) Four (4) representatives from the basic sector groups (urban poor,
fisherfolk, farmers and indigenous peoples): Provided, That at least two (2)
representatives shal! be women: Provided, further, That the representatives shall be
appointed from among the accredited organizations within their respective
development councils: Provided, finally, That, in predominantly Musiim areas, one of
whom shall be from the Moro sector; and

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

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

Aside from the PPDO, the PLUPMB may call upon other iocal and national
government offices and agencies such as the local Engineer, Assessor, and local field
representatives of the DA, DPWH, the Department of Transportation and
Communications (DOTC), DOT, DENR, DAR, the Department of Education (DepED),
NCIP and other concerned national agencies to assist the PLUPMB in the
performance of its roles and mandates.

Appropriations for the regular operation and activities of the PLUPMB shall be
included in the annual budget proposal of the PPDO: Provided, That other funds and
Tesources, including grants, applicable service fees and charges collected,
contributions, donations, and other funds to support its operations and activities may
be accepted and received by the PLUPMB, subject to existing auditing and reporting
procedures.


43

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

SECTION 64. Powers and Responsibilities of the C/MLUPMB. — The
C/MLUPMB shall exercise the following powers and functions:

(a) __ Ensure the inclusion of the input of the barangays within the jurisdiction
of the respective city/municipality on sectoral, temporal and Spatial dimensions of the
pian and its consistency with approved national, regional and provincial planning
guidelines;

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

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

(a) Submit to the LDC the draft CLUP for its transmission to the sanggunian
and for the LDC to use it as basis for consistency and complementation with other
development plans;

(e) Decide and resolve policy conflicts on land use planning, classification,
and allocation that may arise between or among barangays and facilitate the resolution
of any unresolved land use conflict, including boundary conflicts, involving barangays:

(f) Based on the CLUP, review and endorse for approval/disapproval
applications for locational clearances, building and zoning permits and/or other
planning-related requirement for any project, both private and public, that is submitted
to the LGU for issuance;

(g) Advise the sangguniang bayan on all matters. Pertaining to land use and
physicai planning: and

{h) Promote cooperation and sharing of resources between and among its
barangays and neighboring LGUs to address common land use and development
issues, including those related to geo-physical hazards, watershed and river basins,
coastal and marine waters, climate change impact and disaster risks

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

(2) _ City/Municipa! Planning and Development Coordinator (C/MPDC);

(b) Chairperson, Sangguniang Bayan Committee on Environment and

37


Natural Resources;

{c) President of the Association of Barangay Captains (ABC);

(d) Municipal Agrarian Reform Officer (MARO);

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

(f) Municipal Agriculture Office (MAO);

(9) Three (3) representatives from the local business/private sector. the
developers’ associations; the accredited associations of professionals dealing with
land use such as, but not limited to, urban and regional planners, environmental
Planners, architects, geologists and geodetic engineers; and associationichamber of
commerce, who shall be appointed from among the accredited organizations within
their respective development councils:

(h) Four (4) representatives from the basic sector groups (urban poor,
fisherfolk, farmers and indigenous peoples): Provided, That at least two (2)
representatives shall be women: Provided, further, That the representatives shall be
appointed from among the accredited organizations within their respective
development councils: Provided, finally, That, in predominantly Muslim areas, one of
whom shall be from the Moro sector; and

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

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

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

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

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

CHAPTER VIF
ADOPTION, APPROVAL AND REVIEW OF LOCAL LAND USE

38


AND PHYSICAL FRAMEWORK PLANS.

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

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

CHAPTER VIII
MAPPING AND DATA MANAGEMENT FOR
LAND USE PLANNING

SECTION 68. National Mapping and Spatial Data infrastructure Program
(NMSDIP), ~ A national mapping Program shall be implemented, coordinated and
monitored through the creation of the Inter-Agency Technical Committee (ITC)
composed of the NAMRIA as the lead agency, the Bureau of Soils and Water
Management (BSWM), the Forest Management Bureau (FMB), the LMB, the Land
Registration Authority (LRA), the Protected Areas and Wildlife Bureau (PAWB), the
MGB, the Philippine institute of Volcanology and Seismology (PHIVOLCS), the DAR,
the DA, the NCIP, the National Water Resources Board (NWRB), the Department of
Energy (DOE), the National Disaster Risk Reduction and Management Council
(NDRRMC), the NEDA, and other concemed government agencies, The ITC shall be
constituted, and the mapping and spatial data infrastructure program shall be initiated
within thirty (30) days from the effectivity of this Act. The program shall be responsible
for the production of base and decision maps and associated spatial databases for all
planning levels based on the guidelines of the NLUPC.

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

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

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

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

39


immediately transmitted to the LGUs.

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

pursuant to Section 51 of this Act.

SECTION 69. Maps for Planning. — Within one (1) year after the NLUPC’'s
approval of the Guidelines and Standards for planning at all levels, available NAMRIA
maps and all maps made avaiable to the NAMRIA by supporting agencies shall be
submitted to the NLUPC for national, provincial, cities and municipalities planning, The
NLUPC shail forward these maps to the respective PLUPMBs and C/MLUPMBs after

it has reviewed and approved them.

Pertinent maps to be produced throu

{a)
(b)
(c)
(a)
(e)
07)

(9)
{h)
()

10)

(k)
0
(my

{n)

Topographic maps;
Geologic maps;
Hydrologic maps;
Climate maps;

Soils maps;

Slope maps;

Mineral resource maps;
Existing land use maps;
Land suitability maps for:
(1) Settlements:

(2) Agriculture;

(3) Industrial areas; and
(4) Others:

Agricultural maps:
(1) Network of NPAAAD;

(2) Commodity specific development guide maps;
(3) Land limitation maps;

(4) Cropping system zones maps;

(5) Hydro-ecolagical conditions maps; and

(6) Irrigation systems maps;

Land classification maps;

Municipal waters delineation maps and MPAs;
Geo-hazards maps:

(1) Flood-prone areas;

(2) Hazard zonation maps for volcanoes;

(3) Map of fault systems;

(4) Tsunami-prone areas; and

(5) Erosion-prone areas:

Tourism maps:

40

igh the NMSDIP shall include, among others:


Seomroununa

(0) Transportation maps;
(P) Traffic flow;

(@) Maps designating areas served by:
(1) Power,
(2) Telecommunications; and
(3) Water;

(ny) Maps indicating the following facilities:
(1) Health;
(2) Education; and
(3) Power;

(s) Domestic water supply;

(t) Industrial areas;

{u) Population distribution map;

() Ancestral domain map;

(w) NIPAS areas;

(x) Areas suitable for urban expansion;

ty) Watershed areas; and

(2) Forestlands:

(1) Protection areas;
(2) Production areas; and
(3) Restoration areas:

(i) Key biodiversity areas; and

(i) Marine protected areas,

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

SECTION 74. Completion and Updating of Existing Cadastral Surveys. -
The compietion of incomplete cadastral surveys of LGUs and the updating of existing
surveys shall be given priority consideration and allocation of resources in the
implementation of this Act. The DENR shail include in its annual appropriations the
completion and updating of all incomplete and existing cadastral surveys of all LGUs
In the country: Provided, That such surveys and maps shall be integrated into the
national spatial database information and mapping system.

In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestrai
‘ands shall be employed fo determine boundaries as provided for under the IPRA.

SECTION 72, Ground Delineation of Land Use. — For effective planning to
take place at the local level and for the easy enforcement of the ZO of each

a


city/municipaity, land uses must be identifiable both on the map and on the ground. A
Joint committee comprised of the LGU, as represented by its M/CLUPMB, and of the
national goverment agency concemed, to be assisted by the C/MPDC, shall identify
and delineate on the ground the land uses within their jurisdiction. The following shall
be given priority:

(a) Forestlands:

(1) Protection; and
(2) Production;
(b) Ancestral domains;
(c) NIPAS areas:
(1) Strict protection zone; and
(2) Multiple-use zone;
(d) Watershed areas:
(1) Critical; and
(2) Multiple use;

{e) Network of NPAAAD;

Oy Socialized housing sites and settlement expansion areas;

@) Extents of environmentally-constrained areas;

(h) Easement areas; and

(i) Critical coastal areas:

(1) Mangroves; and
(2) Sea grass,

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

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

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

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

42


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

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

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

CHAPTER IX
TRAINING, EDUCATION AND VALUES FORMATION

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

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

CHAPTER X
INCENTIVES, SANCTIONS AND PENALTIES

ARTICLE 14
INCENTIVES AND AWARDS

SECTION 78. Formulation of a System of incentives and Awards. — The
NLUPC shail come up with a system of incentives and awards to LGUs that regularly
Update their CLUPSIZOs once every eight (8) years.

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

3


ARTICLE 2
SANCTIONS AND PENALTIES

SECTION 80. Fine for Failure to Commence or Complete the Development
of Agricultural Lands with Approved Conversion Order. - For agricultural lands
with approved conversion orders, the provisions of Republic Act. No. 6857 (CARL),
as amended by Republic Act No. 9700, shall apply. A landowner andior the designated
developer or duly authorized representative who fail to commence and/or complete
the development plan defined in the conversion order shall be jointly and severally
Penalized. The following fines based on the zonal value or the fair market value,
whichever is higher of the land at the time the fine shall be imposed:

(a) Failure to commence within three (3) years from the date of the
conversion order:

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

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

(3) Fifteen percent (15%) for the remaining area.

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

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

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

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

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

SECTION 82. Penaity 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 nonagricultural uses of
Protected agricultural areas as defined in Section 13 hereof shall be penalized with
imprisonment of twelve (12) years or a fine of not less than one hundred thousand
pesos (P100,000.00), or both, at the discretion of the court.

44


33
34
35
36
7
38
39
40
4
42
A3
44

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

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

The same penaity shall be applicable to Persons who will be responsible for
exceeding the limits set forth under Section 20 of the Local Government Code
Pertaining to reclassification of lands.

SECTION 83. Payment of Disturbance Compensation. — Following the order
of priority stated in Section 22 of Republic Act No, 6657, as amended by Republic Act
No. 9700, agricultural lessees and share tenants, regular farm workers, seasonal farm
workers, other farm workers, actual tillers or Occupants of public lands, collective, or
Cooperative of the above beneficiaries, and others directly working on the land affected
by agricultural land use conversion, shall be entitled to the payment of disturbance
compensation equivalent to five (5) times the average of the gross harvests on the
landholding during the preceding five (5) calendar years or a certain percentage of the
converted land, whichever is higher, as determined by the DAR.

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

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

SECTION 86. Utilization of Fines. — The fines collected under Section 84
hereof shalt automatically accrue to the Agrarian Reform Fund consistent with the
provision of the CARE.

SECTION 87. Failure to Formulate, implement and/or Enforce the CLUPs
and ZQs. — Consistent with due process, the NLUPC, in coordination with the DILG,
Shall evaluate, review, and recommend the filing of charges against loca! chief
executives and other local officials and employees responsible for the formulation,
implementation and/or enforcement of the CLUPs in the following cases:

(2) Failure of the CLUPs/ZOs to conform to the guidelines provided in the
NPFP;

(b) Failure to complete the preparation of the GLUP despite the availability
of funds, resources, and support by the sanggunian concemed;

(©) Failure to provide appropriate budgetary allocation to effect its
implementation; and

(4) Failure to implement and enforce the CLUPIZO due to negligence of duty.

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

45


(2) Three (3) to six (6) months, in case of noncompletion of the CLUP; or

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

(©) Six (6) to nine (9) months, in case of nonimplementation of the CLUP.

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

SECTION 88. ifega! Conversion of City or Municipal Parks, Communat
Forests, and Tree Parks in Subdivisions, — Penalties in the amount of one hundred
thousand pesos (P 100,000. 00) to five hundred thousand pesos (P500,000.00) or
imprisonment of six (6) years and one (1) day to twelve (12) years, or both, at the
discretion of the court shall be imposed for each of the following offenses:

(2) _ Illegally converting or causing the conversion of a city/municipai park,
communal forests, or tree parks within subdivisions established pursuant to
Presidential Decree No. 953 requiring the planting of trees in certain places into other
uses, Including the construction of permanent buildings:

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

(©) __ Setting the abovementioned forests and parks on fire, or negligently
permitting a fire to be set therein; and

{d) Assisting, aiding or abetting another person to commit the offenses stated
in this section.

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

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

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

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

CHAPTER XI
TRANSITORY AND FINAL PROVISIONS

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

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

SECTION 80. Convening of the NLUPC. - Within thirty (30) days from the
effectivity of this Act, the Chairperson shall convene the NLUPC. The Head of the

46


H
2
3
4
5
6
7
8

9
10
VW
12
13

NLUPC Secretariat shall immediately assume his/her position.

SECTION 81. implementing Rutes and Regulations. - Within ninety (90) days
from the effectivity of this Act, the NLUPC shail promulgate its impiementing rules and
regulations (IRR) including the rules on the selection of the members of the
C/MLUPMB and the PLUPMB. It shall take effect fifteen (15) days after its complete
Publication in the Official Gazette or in at least two (2) newspapers of national
circulation.

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

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

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

SECTION 94. Appropriations, — Tne amount needed for the initial
implementation of this Act shalt be charged against the current year’s appropriations
of the NB-NLUC. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act

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

SECTION 96. Access to information. — Access to records and documents
Pertaining to official acts, transactions, or decisions as well as to data used as basis
for policy development by the NLUPC shail be made available to the public.

SECTION 97. Repealing Clause. - Section 10 of the AFMA and Sections 447
{a2vil) and 458 (a2viil) of the Local Government Code and their related laws and
administrative issuances are hereby modified by Section 13 hereof. The pertinent
provisions of Executive Order No. 648, Executive Order No. 72, series of 1993 and
Executive Order No. 770, series of 2008, amending Letter of Instruction (LOI) No.
1850, are also modified accordingly. Section 11 of the AFMA as to the penalty for

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agricultural inactivity and premature conversion is also modified by Section 63
hereof LOI No. 1350, series of 1983; Presidential Proclamation No. 2282. series of
1983; and all other general and special laws, acts, decrees, executive orders,
Proclamations and administrative regulations or any part thereot which aro
inconsistent with this Act are hereby repeaied or modified accordingly

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

SECTION 98. Non-impairment Clause. - Nothing in this Act shall be construed
88 to diminish or, impair rights recognized, granted, or available to marginalized or the
basic sectors under existing laws including, but not limited to, Republic Acts Numbered
7279, 6857, as amended by Republic Act No. 9700; 8371; 8550; and 7942

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

SECTION 100, Effectivity. - This Act shall take effect fifteen (18) days after its
Publication in the Officia/ Gazette or in at least two (2) national newspapers of general
circulation,

Approved,

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