National Land Use Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 8466 By REPRESENTATIVES MATUGAS, ROMUALDEZ (F.M.), ROMUALDEZ (A.J.), ACIDRE, DY (F.), MARCOS, YAP (EDVIC), MERCADO-REVILLA, REVILLA (B.), REVILLA (R.J.), Co-PILAR. BELTRAN, RODRIGUEZ (R.), RODRIGUEZ (M.), PRIMICIAS-AGABAS, VILLAFUERTE (M.L.). VILLAFUERTE (V.R.L.), HORIBATA, RIDON, LUISTRO, DE LIMA, COJUANGCO (J.E.M.), VERGARA. ALBANO, ARENAS, YAP (ERIC), PANALIGAN, YULO, GARCIA (K.H.), ROMAN, ANGELES, LOYOLA, GONZALES (A.M.), RAMA, TARRIELA, RIVERA, FRESNEDI, ANG, VILLARICA, MERCADO, ADIONG. GOMEZ, DEFENSOR, PUNO, BENITEZ (J.M.), ORETA, SALCEDA, SINGSON-MECHAN, MONTES, ZUBIRI, ROMUALDEZ, (Y.M.), ROMUALDO, QUIMBO, VILLANUEVA, ATAYDE, YU (J.K.), YU (J.V.). GLEPA, SALVAME, MASTURA, LARA, FLORES, SANTOS (M.A.), GONZALES (R.), ARBISON (M. JR.), ESCUDERO, FORTES, NAVA, BAÑAS-NOGRALES, EMANO, GUINTU, BENITEZ (A.), VARGAS. LAGMAN, PUMAREN, BAG-AO, DIOKNO, CENDAÑA, ISMULA, SUANSING (M.A.), BARONDA, DAGOOC, TAN (K.M.), HERNANDEZ (C.A.), DIMAPORO (I.), ARROGANCIA, ESPINA, LOPEZ, BAUTISTA-LIM, YAP (A.), OLIVAREZ, ROBES, TAN (S.J.), CHUA, BANCORO, CAGAS, BULUT-BEGTANG, CRUZ (A.), VELOSO-TUAZON, LEGACION, GARIN, DIONISIO, GUTIERREZ, ORTEGA AND KHONGHUN AN ACT INSTITUTING A NATIONAL LAND USE POLICY, PROVIDING THE IMPLEMENTING MECHANISMS, CREATING FOR THE PURPOSE THE NATIONAL LAND USE COMMISSION, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I INTRODUCTORY PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "National Land

5 Use Act."

SEC. 2. Declaration of Principles and Policies. - All lands of the public

7 domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of 8 potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other

1 natural resources are owned by the State. With the exception of agricultural lands, all 2 other natural resources shall not be alienated. Pursuant to the constitutional provision or mandate, it is the policy of the 4 State to provide for a rational, holistic, and just allocation, utilization, management, 5 and development of the country's land to ensure their optimum use to promote 6 sustainable socioeconomic development and ecological protection. The State recognizes the need for rational, optimal and sustainable 8 settlements development, consistent with the principles of environmental 9 management and equitable access to land and security. To this end, the State institutionalizes land use and physical planning as 11 mechanisms for identifying, determining, and evaluating appropriate land use and 12 allocation patterns that promote and ensure: (a) Sustainable management and utilization of natural resources; (b) Maintenance and preservation of environmental integrity and stability, 15 specifically, the perpetual protection of permanent forests and watershed and 16 ecosystem services for the attainment of food, water and energy sufficiency; (c) Disaster risk-reduction and climate change resiliency; (d) Protection of prime agricultural lands for food security in basic 19 commodities with emphasis on self-sufficiency in rice and corn; (e) Water security through sustainable development and management of 21 water resources towards water security; (f) Provision of adequate and efficient settlements, transportation and 23 infrastructure development in support of urban, peri-urban, and rural linkages 24 towards regional development and inclusive growth;

(g) Harmony between the rights and the varied interests of every Filipino 2 within the framework of people empowerment, decentralization, social justice, 3 and equity; (h) Respect for and protection of the sustainable traditional resource rights of 5 the Indigenous Cultural Communities/Indigenous Peoples (ICCs or IPs) to their 6 ancestral domains to ensure their economic, social, and cultural well-being as well 7 as recognition of the applicability of customary laws and sustainable traditional 8 resource use and management, knowledge, and practices in ancestral domains in 9 compliance with free and prior informed consent of ICCs or IPs; (i) Protection of the rights of basic sectors to equitable access to the 11 country's land; (i) Protection, preservation, and development of the country's historical, 13 cultural, archaeological, and built heritage resources for the deeper understanding of 14 our history and culture as a people; (k) Attainment of energy security and self-sufficiency; (1) A whole-of-society and whole-of-government orientation, through which 17 thrusts and strategies espoused by different actors and sectors are heard and brought together to achieve complex and interrelated goals, is encouraged and 19 adopted as a basic parameter in achieving efficiency in land use and allocation, 20 within the framework of ecological development and equity; (m) Promotion of the integrated approach to land use and urban transport 22 planning to effectively manage growth in urban areas and ensure that the capacity of 23 transport facilities can accommodate the demand for movement of passengers and 24 goods to, from, and within the centers of socioeconomic activities; (n) Vertical and horizontal linkages or spatial strategies and the potential 26 for co-management and inter-locality cooperation across territorial jurisdictions

1 and government levels, highlighting the imperative for a ridge-to-reef and 2 ecosystem-based approach to land and water resource management and 3 governance; and (o) Data and evidence-informed management and governance of land and 5 water resources, in line with the place-based aspirations and shared values of the 6 community. It is also the policy of the State to ensure that local government units (LGUs) 8 share with the national government the responsibility of managing and maintaining 9 ecological balance within their territorial jurisdiction as stated in the 1987 Constitution 10 and Republic Act (R.A.) No. 7160, as amended, otherwise known as the 11 "Local Government Code of 1991." Guided by the principle that the use of land 12 bears a social function and that all economic agents contribute to the common 13 good, landowners, land tenure holders, in the case of forestlands, be it an 14 individual, communal, corporate or group, is held responsible for developing and 15 conserving their lands, thereby making their lands productive and supportive of 16 environmental stability.

SEC. 3. Scope. - This Act applies to all lands and natural resources in the

18 country, whether public, private, government-owned or in the possession of any 19 person, whether natural or juridical, and serves as guide for the rational, holistic 20 and just allocation, utilization, development, and management of the land and 21 water resources in the country, including such activities that bear impact on 22 those resources.

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

(a) Agricultural land refers to lands devoted to or suitable for the cultivation 25 of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or 26 aquaculture production, including the harvesting of such farm products, and other

1 farm activities and practice performed in conjunction with such farming operations by 2 persons whether natural or juridical and not classified by the law as mineral land, 3 forest land, residential land, commercial land, or industrial land; (b) Agricultural land use conversion refers to the act or process of changing 5 the current physical use of a piece of agricultural land into some other use not 6 comprising an agricultural activity as defined under R.A. No. 6657, as amended by 7 R.A. No. 9700, otherwise known as the "Comprehensive Agrarian Reform Program 8 Extension with Reforms," as approved exclusively by the Department of Agrarian 9 Reform (DAR) in an order of conversion; (c) Alienable and Disposable (A&D) lands refer to lands of the public domain 11 which have been delineated, classified, and certified as open and available for 12 disposition under existing laws; (d) Ancestral domains refer to all areas generally belonging to indigenous 14 cultural communities or indigenous peoples as defined in R.A. No. 8371, otherwise 15 known as "The Indigenous Peoples' Rights Act of 1997"; (e) Archaeological site refers to any place, whether above or underground, 17 underwater or at sea level, containing fossils, artifacts and other cultural, geological, 18 botanical, zoological materials which depict and document culturally relevant 19 paleontological, prehistoric or historic events; (f) Basic sector refers to a group of people not referring to any organized 21 groups, such as but not limited to women, youth, elderly, differently abled, peasants 22 and fisherfolk; (g) Coastal area or zone refers to a band of dry land and the adjacent ocean 24 space, water and submerged land, in which terrestrial processes and uses directly 25 affect oceanic processes and uses and vice versa, the geographic extent of which 26 includes areas within a landward limit of one (1) kilometer from the shoreline at high

1 tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine 2 rivers, sandy beaches and other areas within a seaward limit of two hundred (200) 3 meters isobaths to include coral reefs, algal flats, seagrass beds, and other 4 soft-bottom areas; (h) Comprehensive Land Use Plan (CLUP) refers to a plan embodying a set 6 of policies accompanied by maps and similar illustrations that serves as a policy 7 guide for determining the future use of lands and natural resources within the 8 territorial jurisdiction of the LGU, including municipal waters with due consideration to 9 the biogeographic region within which the locality belongs, representing the 10 community desired pattern of population distribution and proposes future allocation 11 of land and resources to various activities including the processes and criteria 12 employed in such determination of allocation of land and resources for a long-term 13 management of the local territory covering a minimum period of twelve (12) years, 14 reviewable not earlier than every six (6) years; (i) Critical habitats refer to areas outside protected areas as defined in 16 R.A. No. 7586, otherwise known as the "National Integrated Protected Areas 17 System Act of 1992," that are known habitats of threatened species and designated 18 as such based on scientific data taking into consideration species endemicity or 19 richness, presence of human-made pressures or threats to the survival of wildlife 20 living in the area; (i) Critical watershed refers to a drainage area of a river system supporting 22 existing and proposed hydroelectric power, irrigation works or domestic water 23 facilities needing immediate protection or rehabilitation to minimize erosion, or 24 improve water yield and reduce vulnerabilities to geo-hazard and climate 25 change impacts;

(k) Cultural heritage refers to the totality of cultural properties, whether 2 natural or human made, preserved and developed through time and passed on 3 for posterity; 4 (1) Cultural property refers to all products of human creativity by which a 5 people and a nation reveal their identity, including churches, mosques and other 6 places of religious worship, schools and natural history specimens and sites, 7 whether public or privately-owned, movable or immovable, and tangible or intangible; (m) Customary laws refer to a body of written or unwritten rules, usages, 9 customs and practices traditionally and continually recognized, accepted, and 10 observed by respective ICCs or IPs, consistent with R.A. No. 8371; (n) Development plan refers to the activities and measures that the national 12 government or LGUs intend to implement over a specified period of time to achieve 13 the defined set of development goals identified in the national or local physical framework plans integrating socioeconomic, financial, fiscal, legal and legislative 15 institutional and sectoral plans of the national government or any of its 16 instrumentalities or a particular LGU, consistent with the objectives identified in 17 spatial plans, such as land use plans or physical framework plans including an 18 analysis of problems and resources, definition of goals and objectives, policy 19 guidelines, programs and projects, and an implementation mechanism which defines 20 the roles and contributions expected from the government and the private sector; (o) Ecologically fragile areas refer to areas within critical watersheds, 22 brackish and freshwater wetlands, pasture lands, inland rivers and waterways, 23 coastal and settlement areas, and croplands which require rehabilitation, protection and whose continued unsustainable use may result in physical risks and threats to 25 life and property, public health and safety, as well as adversely affect the productivity 26 of lowland agricultural areas and stability of the upland system;

(p) Ecotourism refers to a form of sustainable tourism within a natural or 2 cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental 4 education and ethics, as well as economic benefits are fostered and pursued for the 5 enrichment of host community and satisfaction of visitors; (q) Energy resources refer to surface or subsurface substances that serve as 7 energy resources including traditionally mineral fuel deposits such as coal 8 petroleum, natural gas or renewable resources from geothermal, hydro reservoirs or 9 non-conventional sources such as ocean waves, solar, wind, biomass, and other 10 similar resources which serve the same purpose; (r) Energy resource lands refer to lands where naturally occurring or 12 indigenous energy resources exist in sufficient quantity or quality as to be 13 economically viable for exploration, development production, utilization and 14 distribution purposes; (s) Exhausted mineral resources refer to specific sites where the mineral 16 resources are no longer in sufficient quantity or quality to justify additional 17 expenditure for extraction or utilization as determined by the Mines and Geosciences 18 Bureau (MGB) and approved by the Department of Environment and Natural 19 Resources (DENR); (t) Flood plain refers to relatively smooth valley floors adjacent to and formed 21 by rivers which overflow its banks at flood stages. The plain usually consist of 22 unconsolidated fine sediments such as sand, silt, and clay; (u) Flood-prone areas refer to low lying areas usually adjacent to large or 24 active water bodies and which therefore experience regular or seasonal inundation 25 as a result of changes in the mean water level of these bodies or because of land 26 reclamation and other artificial interference with the natural processes;

(v) Foreshore land refers to a string of land margining a body of water, the 2 part of a seashore between the low-water line usually at the seaward margin of a low 3 tide terrace and the upper limit of wave wash at high tide marked by a beach scarp 4 or berm; (w) Forest refers to an ecosystem or an assemblage of ecosystems 6 dominated by trees and other woody vegetation or a community of plants and animals interacting with one another and its physical environment; (x) Forest lands refer to one of the four (4) classifications of land defined in 9 the Constitution under the public domain determined as suitable for forest purposes 10 and not classified as mineral land, national park or agricultural land such as all 11 permanent forest reserves, forest reservations, and all the remaining unclassified 12 lands of the public domain; (y) Geo-hazards refer to a geological process or phenomenon that may 14 cause loss of life, injury or other health impacts, property damage, loss of livelihoods 15 and services, social and economic disruption or environmental damage. This 16 includes internal earth processes such as earthquakes and volcanic activities, and 17 geophysical processes like mass movements, landslides, surface collapses, debris 18 and mud flow; (z) Geo-hazard prone areas refer to areas frequently affected and are 20 vulnerable or at risk to weather or climatic, hydrologic, geologic and other 21 natural calamities; (aa) Heritage zone refers to historical, anthropological, archaeological, and 23 artistic geographical areas and settings that are culturally significant to the country, as declared by the National Commission for Culture and the Arts (NCCA) or the 25 National Historical Commission of the Philippines (NHCP), or both;

(bb) Illegal conversion refers to an attempt to or an actual change in the 2 use of land from agricultural to a residential, commercial, or industrial and other 3 non-agricultural activity, without a conversion grant or clearance based on the 4 requirements under Section 65 of R.A. No. 6657, as amended, and to dispossess a 5 tenant as provided under Section 73(c) of R.A. No. 6657, as amended, when 6 established from the following instances: (1) An agricultural land is developed for use in non-agricultural activities 8 without a DAR Conversion Order; (2) The agricultural land being converted is irrigated or irrigable; (3) There is land activity such as earth filling or dumping, earth moving or 11 digging, and quarrying, and in each case, bona fide conduct of agricultural activities 12 on a greater portion of the land developed has ceased; and (4) Other analogous activities. (cc) Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) 15 refer to groups of people or homogeneous societies identified by self-ascription and 16 ascription by others, who have continuously lived as organized community on 17 communally bounded and defined territory, and who have, under claims of 18 ownership since time immemorial, occupied, possessed, and utilized such territories, 19 sharing common bonds of language, customs, traditions, and other distinctive 20 cultural traits, or who have, through resistance to political, social, and cultural 21 inroads of colonization, non-indigenous religions and cultures, became historically 22 differentiated from the majority of Filipinos. ICCs or IPs shall likewise include peoples 23 who are regarded as indigenous on account of their descent from the populations 24 which inhabited the country at the time of conquest or colonization, or at the time of 25 inroads of non-indigenous religions and cultures, or the establishment of present 26 state boundaries, who retain some or all of their own social, economic, cultural, and

1 political institutions, but who may have been displaced from their traditional domains, 2 or who may have resettled outside their ancestral domains; (dd) Key Biodiversity Areas (KBAs) refer to the present most important sites 4 for biodiversity conservation worldwide which are considered places of international 5 importance for the conservation of biodiversity through protected areas and other 6 governance mechanisms and which are identified nationally using simple standard 7 criteria based on their importance in maintaining species populations; (ee) Land refers to resources, both artificial and natural, found on the 9 surface, below, and above the ground, including inland waters and the air therein; (ff) Land use refers to the manner of allocation, utilization, management and 11 development of land; (gg) Land use classification refers to the act of delineating or allocating lands 13 according to protection land use, production land use, settlements development and infrastructure development as provided for in this Act; (hh) Land use planning refers to the rational and judicious approach of 16 allocating available land resources to different land-using activities, such as 17 agricultural, residential, industrial, commercial, institutional, forest land uses, and 18 for different functions consistent with the over-all development vision/goal of a 19 particular locality; (ii) Mandatory public hearings or consultations refer to the mechanism of 21 involving the concerned stakeholders and communities in land use planning, from 22 the barangay to the national level, to ensure the social acceptability of the plans 23 including giving notice of hearing or consultation to the concerned stakeholders through publication or posting in conspicuous places, conducting a reasonable 25 number of hearings, and soliciting positions to arrive at a consensus through public

1 presentations and validation of the planning results undertaken before the final 2 adoption of the plans; (1) Marine protected area refers to a defined area of the sea established 4 and set aside by law, administrative regulation or any other effective means to 5 conserve and protect a part of the entire enclosed environment, through the 6 establishment of management guidelines; (kk) Minerals refer to naturally occurring inorganic substance beneath or at 8 the surface of the earth, whether or not under water, and includes all metallic 9 minerals, and non-metallic minerals such as precious stones, industrial rocks, and 10 building stones; (Il) Mineral lands refer to any area where mineral resources are found, 12 including areas that are established as mineral reservations, areas with active mining 13 operations; areas with projected mining tenurial rights; and areas declared by court 14 decisions as mineral lands; (mm) Mineral reservations refer to areas established and proclaimed as such 16 by the President of the Philippines upon the recommendation of the Director of 17 the MGB through the DENR Secretary including all submerged lands within the 18 contiguous zone and exclusive economic zone; (nn) Municipal waters refer to not only streams, lakes, inland bodies of waters within the municipality which are not included within the protected areas as defined 21 under R.A. No. 7588 (The NIPAS law), public forest, timber lands, forest reserves or 22 fishery reserves, but also marine waters included between two (2) lines drawn 23 perpendicular to the general coastline from points where the boundary lines of the 24 municipality touch the sea at low tide and a third line parallel with the general 25 coastline including offshore islands and fifteen (15) kilometers from such coastline 26 where two (2) municipalities are so situated in opposite shores that there is less than

1 thirty (30) kilometers of marine waters between them, the third line shall be equally 2 distant from the opposite shore of the respective municipalities. (00) National Integrated Protected Areas System (NIPAS) refers to the 4 classification and administration of all designated protected areas to maintain 5 essential ecological processes and life-support systems, to preserve genetic 6 diversity, to ensure sustainable use of resources found therein, and to maintain their 7 natural conditions to the greatest extent possible; (p) National park refers to forest reservation, essentially of natural 9 wilderness character, which has been withdrawn from settlement, occupancy or any 10 form of exploitation, except in conformity with the approved management plan and 11 set aside as such exclusively to conserve the area or preserve the scenery, natural 12 and historic objects, wild animals and plants therein, and to provide enjoyment of 13 these features in such areas including lands and waters of the public domain 14 classified as such in the Constitution such as all areas under the NIPAS primarily 15 designated for the conservation of native plants and animals and associated habitats 16 and cultural diversity; (qq) Network of Protected Areas for Agriculture and Agro-Industrial 18 Development (NPAAAD) refers to agricultural areas identified by the Department of 19 Agriculture (DA), through the Bureau of Soils and Water Management (BSWM), in 20 coordination with the National Mapping and Resource Information Authority 21 (NAMRIA), in order to ensure the efficient utilization of land for agriculture and 22 agro-industrial development and to promote sustainable growth, covering all irrigated 23 areas, all irrigable lands already covered by irrigation projects, all alluvial plains, 24 lands highly suitable for agriculture, whether irrigated or not, agro-industrial 25 croplands or lands planted with industrial crops that support the validity of existing 26 agricultural infrastructure and agro-based enterprises, highlands or areas located at

1 an elevation of five hundred (500) meters or above and have the potential for 2 growing semi-temperate and high value crops, all agricultural lands that are 3 ecologically fragile, the conversion of which may result in serious environmental 4 degradation, and all mangrove areas and fish sanctuaries; (r) Physical framework plans refer to the national, regional or provincial 6 indicative plans that outline the over-all and macro-level spatial and physical 7 development objectives, priorities, directions, and strategies in its respective levels 8 as prepared, reviewed, integrated and finalized by the national, regional and 9 provincial land use councils or boards respectively based on the CLUPs of the LGUs 10 and the national policy guidelines relating to land use, infrastructure development, 11 and environmental management to prevent or mitigate the adverse effects of 12 inappropriate resource utilization on food security, the welfare of the people, and 13 their environment; (ss) Physical planning is the process of organizing physical activities and 15 land uses, including settlements, environmental protection, economic activities, and 16 infrastructure to ensure sustainable, orderly, and optimal siting and coordination of 17 land uses; (tt) Prime agricultural lands refer to all contiguous irrigated lands or areas 19 and irrigable lands already covered by irrigation projects, including all alluvial plain 20 lands highly suitable for agriculture, not irrigated that have been identified to satisfy 21 the need for food self-sufficiency and food security and agro-industrial croplands or 22 lands presently planted to industrial and high value crops that support the viability of 23 existing agricultural infrastructure and agro-based enterprises, highlands or areas 24 located at an elevation of five hundred (500) meters or above, highly suitable for 25 growing semi-temperate and high value crops outside of declared permanent

1 forestlands and protections forests, and are not located in ecologically fragile and 2 environmentally critical areas; (uu) Production land use refers to the most efficient, sustainable, and 4 equitable utilization, development, and management of land for productive purposes 5 which are not classified for protection land use; (vv) Protected areas refer to portions of land and water set aside by reason 7 of their unique physical and biological diversity; and protected against human 8 exploitation, including all natural forests and agricultural lands identified and 9 delineated under this Act; (ww) Reclassification of agricultural lands refer to the act of specifying how 11 agricultural lands are classified or used for non-agricultural uses such as residential, 12 industrial or commercial purposes, as embodied in the land use plan, subject to the 13 requirements and procedure for reclassification undertaken by the LGU in 14 accordance with Section 20 of R.A. No. 7160, as amended; (xx) Resettlement areas refer to areas identified by the appropriate national 16 agency or by the LGU with respect to areas within its jurisdiction which are used for 17 the relocation of the underprivileged and homeless, as defined under R.A. No. 7279, 18 otherwise known as the "Urban Development and Housing Act of 1992"; (yy) Strategic Agriculture and Fisheries Development Zones (SAFDZ) refers 20 to the areas within the NPAAAD identified for production, agro-processing, and 21 marketing activities to help develop and modernize, with the support of government, 22 the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner pursuant to Section 4 of R.A. No. 8435, otherwise known as the "Agriculture and Fisheries Modernization Act of 1997"; (zz) Settlements refer to communities or built-up environment areas where 26 people prefer to live in;

(aaa) Settlements development refers to any improvement on existing 2 settlements or any proposed development of certain areas for settlement purposes 3 involving the spatial distribution of population, identification of the roles and functions 4 of key urban centers, determination of relationships among settlement areas, and the 5 provision of basic services and facilities of identified major settlement areas of 6 growth centers; (bbb) Shoreline refers to a strip of land covering at least one (1) kilometer 8 from the point where seawater reaches during the highest high tide; (ccc) State universities and colleges (SUCs) refer to public higher education 10 institutions in the Philippines created and established by law which constitutes their 11 charter and which have independent and separate governing boards; (ddd) SUC Land Use Plan refers to a campus master plan mandated under 13 R.A. No. 11396, otherwise known as the "SUCs Land Use Development and 14 Infrastructure Plan Act," that contains the allocation and utilization of the land within 15 a campus' geographic boundary to meet the required academic and non-academic 16 support services and facilities, as well as the campus development programs and 17 projects and the investment needed to implement them; (eee) Sustainable development refers to the development objective of 19 meeting the needs of the present generation without compromising the ability of 20 future generations to meet their own needs consistent with the principles of social 21 equity, efficiency, and environmental integrity; (fff) Tourism development areas refer to specific sites for tourism 23 development located in areas identified as priorities in the national and regional 24 tourism master plans and those designated through legislative and executive issuances as tourist spots and tourist zones which may be developed into tourism

1 estates or integrated resort, leisure, recreation complexes, and other tourism 2 related facilities; (999) Tourism ecozone refers to tourism development areas, outside of 4 protection lands which have been granted special economic zone status through the 5 Philippine Export Zone Authority registration and issuance of the required 6 Presidential Proclamation, with its metes and bounds, delineated by said 7 proclamation, pursuant to R.A. No. 7916, as amended, otherwise known as 8 "The Special Economic Zone Act of 1995"; (hhh) Tourism estates refer to large tracts of land with well-defined 10 boundaries in any area, excluding those protection lands, identified in the Philippine 11 tourism master plan and regional tourism by proclamation of the President of the 12 Philippines or by acts of Congress or by local legislation and declared suited for the 13 development of an integrated tourism and resort complex with prescribed carrying 14 capacities and limits for its facilities and activities; (iii) Tourist spot refers to a particular area, site or spot, man-made or natural, 16 known for its unique tourist or visitor-drawing attributes and activities and which may 17 be classified according to its social, cultural, natural, historical, aesthetic, visual, 18 scientific, religious, or recreational significance; (jjj) Tourist zone refers to a geographic area with well-defined boundaries 20 proclaimed as such by the President of the Philippines or by acts of Congress where 21 development projects for any purpose are initiated and introduced prior to 22 formulation of a tourism master development plan which are undertaken in 23 coordination with the Department of Tourism (DOT) and the Tourism Infrastructure 24 Enterprise Zone Authority (TIEZA) for the enhancement or the conservation of 25 cultural and historical heritage, and for the appreciation and enjoyment of the local 26 population and its visitors;

(kkk) Transmission line corridor refers to the land beneath, the air spaces 2 surrounding, and the area traversed by electric power transmission lines, including 3 its horizontal, vertical, and similar clearance requirements; (Ill) Urban areas refer to all cities, regardless of their population density, and 5 to municipalities with a population density of at least five hundred (500) persons per 6 square kilometer; (mmm) Urbanizable areas refer to sites and lands which, considering present 8 characteristics and prevailing conditions, display great potential to become urban 9 areas within a period of five (5) years; (nnn) Urban forest or green space refers to the establishment or setting up of 11 areas for mini-forest, eco-parks or small nature parks, in both public and private 12 lands, wetlands, man-made lagoons and lakes systems, riverbanks and shores, 13 grasslands, roof and rock gardens, lining roads and highways with trees, shrubs, or 14 ornamental plants, and ground landscaping of schools, hospitals, and other 15 government agencies in order to improve the environment in urban areas; (000) Water security refers to the sufficient access throughout the year to the 17 minimum daily requirement of clean water to maintain a healthy life; (ppp) Water use refers to the appropriation of water for domestic, municipal, 19 irrigation, power generation, inland fisheries, poultry and livestock, industrial and 20 commercial, environmental, and recreational use; (qqg) Watershed refers to a topographically delineated area of land from 22 which rainwater can drain as surface run-off vis-a-vis a specific stream or river 23 system to a common outlet point which may be a dam, irrigation system or urban 24 water supply take off point, or where the stream discharges into a river, lake, or 25 the sea;

(rrr) Zoning refers to the regulatory tool for delineating the specific land 2 uses in accordance with the approved CLUP within the territorial jurisdiction of a city 3 or municipality and specifying the conditions for their regulation, subject to the 4 limitations imposed by law and competent authority; and (sss) Zoning ordinance refers to a local law passed by the Sangguniang 6 Bayan or Panlungsod approving the development control or zoning plan in 7 accordance with an approved or adopted CLUP of the city or municipality, providing 8 for the regulations and other conditions on the land uses, including the limitation on 9 the infrastructure that may be placed within the territorial jurisdiction of the city or 10 municipality, incorporating the protected areas, protected agricultural lands, and 11 ancestral lands as provided for in this Act. CHAPTER II PHYSICAL FRAMEWORK AND LAND USE PLAN

SEC. 5. National Physical Framework Plan. - The National Land Use

15 Commission (NLUC), created under Section 18 herein, shall draft the National 16 Physical Framework Plan (NPFP), which shall have a timeframe of thirty (30) years, 17 with regular review and updating every ten (10) years. The NPFP, which guides the 18 planning and management of the country's land and other physical resources at the 19 national and sub-national levels, shall indicate broad spatial directions and policy 20 guidelines on settlements development, production land use, protection land use, 21 social services and utilities, transmission line corridor, and transportation and 22 communication. The Regional Physical Framework Plans (RPFPs), Provincial Physical 24 Framework and Development Plans (PPFDPs), and CLUPs shall cover the physical 25 development of their respective territories and shall be consistent with the NPFP: 26 Provided, That the integration and harmonization of the physical framework plans at

1 all levels shall be iterative to ensure that the concerns of both top and bottom levels 2 of government are considered. The physical and land use plans prepared at all 3 levels shall have internal consistency, specifically on, but not limited to, the 4 development, management, and conservation of forestlands, watersheds, and all terrestrial, aquatic, and marine ecosystems found within a given territory and the 6 linkages of the major land use categories to ensure their complementation in the 7 utilization, development, management, protection, and conservation of all natural 8 resources. The NLUC shall issue procedural guidelines which shall guide the 9 formulation and integration or harmonization of land use plans at all levels: Provided, 10 further, That the Department of Economy, Planning, and Development (DEPDev), 11 DENR, Department of Human Settlements and Urban Development (DHSUD), 12 Department of the Interior and Local Government (DILG), and other agencies will 13 continue to issue specific guidelines on the planning process and content of the 14 plans consistent with the LUC guidelines and their respective agency mandates.

SEC. 6. Regional Physical Framework Plans. - In consultation with

16 concerned sectors, the Regional Land Use Policy Council (RLUPC) shall define the 17 desired spatial arrangement of land and land-use activities in the entire region, 18 based on the consolidated and harmonized PPFDPs of provinces and independent 19 cities within the territorial jurisdiction of the region. The RPFP, which depicts an 20 end-state scenario toward which efforts and activities are directed, shall consist of 21 spatially-based and area-focused policies, consistent with those in the national 22 framework for physical planning, to guide detailed physical, socio-economic, 23 sectoral, and investment planning. The RPFP shall have a planning period of 24 twelve (12) years to be updated every six (6) years or when deemed necessary.

SEC. 7. Provincial Physical Framework and Development Plans. - In

26 consultation with concerned sectors, the Provincial Planning and Development Office

1 (PPDO) shall prepare a PPFDP, which shall define the province's development 2 vision, economic and social development policies, environmental and ecological 3 protection policies, general land uses, and inter-city/municipal transportation system. 4 The PPFDP shall integrate and harmonize the land use plans of component cities 5 and municipalities using the ridge-to-reef (RR) or watershed ecosystem 6 management (WEM) approach, taking into consideration shared watersheds, 7 ecosystems and natural resources and planning concerns, and define the uses of 8 land and other resources within the province consistent with the policies in the 9 regional physical framework plan. The programs, projects and activities prescribed in 10 the PPFDP shall be integrated into the provincial development investment 11 program. The PPDO shall submit the PPFDP to the Provincial Land Use Policy 12 Council (PLUPC), created under Section 24 of this Act, for review and endorsement 13 to the Sangguniang Panlalawigan, which shall adopt the same pursuant to 14 Section 468(2)(vii) of R.A. No. 7160. The PPFDP shall have a planning period 15 of twelve (12) years to be updated every six (6) years or when deemed necessary.

SEC. 8. City or Municipal Land Use Plans. - The City or Municipal Planning

17 and Development Office (CPDO or MPDO) shall prepare the CLUP to determine 18 the specific uses of land and other physical resources therein including areas 19 co-managed with the national government and, as appropriate, the ancestral 20 domain areas. This shall be done in consultation with concerned sectors through 21 mandatory conduct of public hearings and with the use of technology-based systems 22 such as the Community-Based Monitoring System (CBMS) required to be 23 established in every city and municipality under R.A. No. 11315, otherwise known as 24 the "Community-Based Monitoring System Act." The CLUP shall be consistent with 25 the R2R or WEM-based PPFDP and shall define the city or municipal development 26 vision, appropriate economic, environmental and social development policies,

1 densities and transportation system using the R2R or WEM approach. The CLUP 2 shall have a planning period of twelve (12) years to be updated every six (6) years or 3 when deemed necessary. The C/MPDO shall also use, among others, the CBMS in 4 the updating of the CLUs. The R2R or WEM-based CLUP will be used as the common reference 6 framework for the preparation of all sectoral development plans that will form part of 7 the Comprehensive Land Use and Development Plan which merges the traditionally 8 separate CLUP and comprehensive development plan to address the disconnect 9 between spatial development and sectoral programs and to ensure the 10 complementation between the medium- and long-term concerns and shall be the 11 basis for the formulation of the local development investment program. The CLUP 12 shall be translated into a zoning ordinance by the concerned Sanggunian to regulate 13 the uses of land, including the limitations on height, density, and bulk of buildings 14 and other infrastructure that may be placed thereon.

SEC. 9. Physical Framework and Land Use Planning Process. - The land

16 use and physical planning process shall be formulated following a combined 17 bottom-up and top-down approach. The NLUC, in consultation with the concerned 18 sectors through the mandatory conduct of public hearings, shall formulate, 19 periodically update, and ensure the implementation of the NPFP that shall prescribe 20 and influence the country's land use and physical development. The NPFP shall 21 operationalize the policies provided in this Act and shall be the basis for adopting 22 land use and physical planning-related guidelines and standards, including zoning 23 and other land use control standards that shall guide the formulation of city or municipal zoning ordinances (ZOs). The policies prescribed in the NPFP shall be integrated into the Medium-Term Philippine Development Plan and Medium-Term 26 Philippine Investment Program.

In the formulation of the respective National, Regional, Provincial or City Land 2 Use Plans or Municipal Land Use Plans, the respective SUC Land Use Plans 3 approved by the Commission on Higher Education (CHED) prior to the approval of 4 this Act shall be taken into consideration in the approval of the plans. As such, the 5 President of the SUCs shall be consulted prior to the approval of the said plans.

SEC. 10. Land Use Plans for Ancestral Domains. - Land use plans for

7 ancestral domains shall be formulated by the ICCs or IPs themselves in accordance 8 with their needs and traditional resource and management systems with the 9 assistance of the NCIP, the LGUs, and civil society organizations concerned. Such 10 plans shall be recognized and adopted in the City or Municipal, Provincial, Regional, 11 and National PFP. Physical Framework Plans made prior to the delineation of ancestral domains 13 included in such plans shall, without prejudice to the rights of the ICCs or IPs 14 concerned, adopt different land use categories in accordance with their particular needs and traditional resources and management systems. In cases where there are no ancestral domains sustainable development and 17 protection plans (ADSDPPs), the LGUs and ICCs or IPs shall jointly formulate the land use within the ancestral domains until such time that the ICCs or IPs shall have formulated their ADSDPPs. The integration of local community plans and customary laws where an 21 ADMP, ADSDPP, CADT, CALT are absent shall nonetheless be subject to the FPIC 22 or the Free, Prior, and Informed Consent processes.

SEC. 11. Revision of Existing Planning Guidelines. - The existing

planning guidelines on the NPFP, RPFP and PPFDP shall be reviewed and revised 25 pursuant to Sections 5, 6, 7, and 9 of this Act.

CHAPTER III FRAMEWORK FOR LAND USE PLANNING

SEC. 12. Basic Objective of Land Use or Physical Framework Planning.

4 - The primary objective of a physical framework plan is to describe existing land 5 uses and to identify an integrated physical framework, including an over-all vision, 6 policies on social and economic development and environmental protection and 7 supporting transportation and other infrastructure facilities, that shall define future 8 development. Its output includes the identification of programs, projects and activities 9 needed to achieve the desired development, without compromising environmental 10 and ecological stability, and which shall serve as inputs to the investment program. 11 In the case of the CLUP, it is also intended to provide specific development and 12 building guidelines and parameters that can be implemented through a zoning 13 ordinance.

SEC. 13. Priorities in Land Use Allocation and Planning. - Using the R2R

15 or WEM approach in projecting spatial allocation for different land uses, the LGUs 16 shall first exclude areas under protection land use in Section 17(a) hereof, national 17 parks, energy resource lands, and prime agricultural lands to ensure ecological 18 integrity, energy supply, and to promote food security. Areas with prior rights and 19 those with site-specific resources for basic services such as water and indigenous 20 energy resources, shall also be excluded. All land use activities inside the excluded 21 areas that are not consistent with the general purposes of the excluded areas shall be assessed, regulated or modified to ensure that these activities do not compromise 23 the general purposes of the excluded areas. Spatial allocation and planning shall 24 then proceed in accordance with Sections 16 and 17 hereof with priorities given to 25 integrated watershed management areas, socialized housing sites, fisherfolk 26 settlement in coastal areas, and waste disposal sites.

SEC. 14. Approach to Land Use and Physical Framework Planning. -

2 The R2R or WEM approach shall be used in land use and physical framework 3 planning to promote a holistic, integrated, equitable and inclusive development, and 4 a flourishing environment, watersheds, and ecosystems. It shall include a description 5 of existing land uses and land use trends, as well as the physical, demographic, 6 economic, social, political, environmental, and ecological conditions that have 7 shaped and are likely to shape future land use and physical developments. It shall 8 then derive a land use plan or physical framework by matching, reconciling or 9 integrating the demand for land with the supply of land in a holistic manner to 10 optimize socioeconomic development and minimize the total impacts of the land use 11 plan on watersheds and ecosystems. The resulting land use plan or physical 12 framework shall be the basis for identifying necessary policies, programs, projects 13 and activities, and development controls to guide future development. The land use 14 plan or physical framework shall be holistic in nature and not emanate from specific 15 individual or corporation which, in essence, constitutes a spot zoning.

SEC. 15. Adoption of Multiple Uses of Land Resources. - The primary and

17 alternative uses of a specific unit of land resource based on its capability to support 18 certain uses sustainably shall be determined and evaluated prior to any decision for 19 the assignment of its use. Areas feasible for sustainable land resource use may be 20 considered multiple-use zones wherein settlements, tourism, agriculture, forestry. 21 agro-forestry, and extraction activities and other income-generating or livelihood 22 activities may be allowed by concerned agencies: Provided, That multiple uses of 23 land resources shall be excluded in areas identified as protection land use: Provided, 24 further, That such land uses shall maximize the socioeconomic benefits without 25 compromising the desired levels of ecosystem services within a ridge to reef unit:

1 Provided, finally, That such land uses shall be in accordance with priorities in land 2 use allocation and planning and that no reclassification shall be allowed.

SEC. 16. Basic Land Use Planning Considerations. - In determining

4 the various land uses, the people and their productive activities and the need 5 for functional open spaces and preservation areas as well as the various 6 interrelationships of the physical characteristics of the land and other elements 7 therein shall be considered, including the following: (a) Availability of natural resources including indigenous energy resources 9 for energy security and self-sufficiency; (b) Geology, geomorphology, current and emerging geologic climate-related 11 hazards and risks, soil, vegetative cover, demography, and slope; (c) Economic, environmental, cultural, social, and related development 13 activities; (d) Existing government policies on land and natural resources allocation, utilization, management, and disposition; (e) Technological changes or advancement; (f) Existing customary rights for the protection of indigenous peoples and 18 vulnerable groups including women, rural and urban poor; (g) Desired levels of ecosystem services like water quality and quantity, soil stability, biodiversity, agricultural and fishery productivity, among others; and (h) Inventory of prior and existing rights, to harmonize determination of 22 land use.

SEC. 17. Categories of Land Uses for Planning Purposes. - In

24 determining and defining the national, regional, and provincial framework plans, and 25 CLUPs, land uses shall be grouped into four major functional uses as follows:

(a) Protection land use which includes the use of land primarily for food, 2 water and energy security, rehabilitation, conservation, and protection purposes to 3 promote the country's ecological and life-support systems. Planning for protection 4 land use intends to achieve food self-sufficiency in rice and corn, water and energy 5 security, environmental stability and ecological integrity, ensure a balance between 6 resource use and the preservation of some areas with environmental, aesthetic, 7 educational, cultural, heritage and historical significance, and protect people and 8 human-made structures from the ill-effects of natural hazards. All lands, either public 9 or private, under protection land use shall be permanently conserved, preserved, 10 rehabilitated, restored, and protected from all other land uses, disposition, intrusion, 11 utilization, and development that is not consistent with its existing uses. Areas 12 under this category also include those covered by R.A. No. 7586, as amended by 13 R.A. No. 11038, otherwise known as the "Expanded National Integrated Protected 14 Areas System Act of 2018," and other coastal and marine protected areas, those 15 areas outside NIPAS but nonetheless require protection because of their outstanding 16 physical and aesthetic features, anthropological significance, and biological diversity, and those areas prone to natural hazards, such as the following: (1) Natural forests and mossy areas with more than fifty percent (50%) in 19 slope gradient; (2) Mangrove and fish sanctuaries, pursuant to R.A. No. 8435, otherwise 21 known as the "Agriculture and Fisheries Modernization Act of 1997," and 22 R.A. No. 8550, otherwise known as "The Philippine Fisheries Code of 1998"; (3) Buffer zones or strips or easements, pursuant to Presidential Decree (P.D.) No. 389, otherwise known as the "Forestry Reform Code of the Philippines," as amended by P.D. No. 705, otherwise known as the "Revised Forestry Reform

1 Code of the Philippines," and P.D. No. 1067, otherwise known as the "Water Code of 2 the Philippines"; (4) Salvage zones along foreshore areas, freshwater swamps and marshes, 4 plazas, archaeological, and heritage or historic sites, pursuant to Presidential 5 Proclamation (P.P.) No. 2146, series of 1981, entitled "Proclaiming Certain 6 Areas and Types of Projects Environmentally Critical and within the Scope of 7 Environmental Impact Statement System Established under Presidential Decree 8 No. 1586"; (5) Watersheds supporting bulk or domestic water supply: (6) Prime agricultural lands; (7) Utility easement like power lines of electric power generators, 12 transmission, and distributors; oil and gas facilities; cell sites; and bulk or 13 domestic water lines; (8) Amenity areas or those with high aesthetic values, pursuant to 15 P.P. No. 2146; (9) Natural and human-made areas or sites of cultural, historical, and 17 anthropological significance, which are declared as such by internationally 18 recognized organizations and concerned national agencies; (10) Critical habitats as provided in R.A. No. 9147, otherwise known as the 20 "Wildlife Resources Conservation and Protection Act"; (11) Significant caves under R.A. No. 9072, otherwise known as the "National 22 Caves and Cave Resources Management and Protection Act"; or (12) KBAs under Executive Order (E.O.) No. 578, series of 2006, entitled 24 "Establishing the National Policy on Biodiversity, Prescribing its Implementation 25 Throughout the Country, Particularly in the Sulu Sulawesi Marine Ecosystem and the 26 Verde Island Passage Marine Corridor."

(13) All other declared protected lands consistent with laws and the 2 provisions of this Act. Existing property and private rights shall be recognized and respected on the 4 condition that these rights are harmonized with the intent of the identified protected 5 land use. (b) Production Land Use wherein there is a direct and indirect utilization of 7 land resources for crop, fishery, livestock and poultry production, forestry, 8 agroforestry, mining, industry, energy development, indigenous energy exploration 9 and development, and tourism. Planning for production land determines the most 10 efficient, sustainable, and equitable manner of utilizing, developing, and managing 11 land for productive purposes. Areas included in this category are agricultural lands, 12 fishing grounds, coastal and marine zones, production forest, which can be made 13 available for timber and agroforestry production, rangelands for grazing, forest lands 14 for special uses, including for energy and reforestation projects, mineral lands or 15 mining areas and reservations, energy resource lands, industrial development 16 areas, and tourism development areas where productive activities may be 17 undertaken to meet the country's requirements for food security, economic growth, 18 and development. (c) Settlements development wherein any improvement on existing 20 settlements in urban and rural areas or any proposed development of certain areas 21 for settlement purposes involves the spatial distribution of population, identification of 22 the roles and functions of key urban centers, determination of relationships among 23 settlement areas, and the provision of basic services and facilities to such 24 settlement. The settlements development plan ensures for the present and future 25 generation the following: (1) effective integration of activities within and among 26 settlements, allowing efficient movement of people and production of commodities

1 through the provision of appropriate land, infrastructure, and facilities; (2) access of 2 the population to housing, education, health care, recreation, transportation and 3 communication, sanitation, and basic utilities such as water, power, waste disposal, 4 and other services; and (3) security against risks associated with climate change and 5 other natural hazards. (d) Infrastructure development includes the availability or supply of basic 7 services and fostering of economic and other forms of integration necessary 8 for producing or obtaining the material requirements of Filipinos, in an efficient, 9 responsive, safe, and ecologically friendly built environment. It covers sub-sectors of 10 transportation, communications, energy, water resources, and social infrastructure: 11 Provided, That the determination of functional uses of lands within ancestral domains shall consider traditional resource and management systems that do not endanger 13 the lives of the people and property of the local community and neighboring areas or 14 increase the vulnerability of the natural environment to the effects of natural and 15 human-induced geological processes. CHAPTER IV IMPLEMENTING STRUCTURE AND MECHANISM

SEC. 18. Creation of the National Land Use Commission (NLUC). - The

19 NLUC is hereby created as a Commission under the Office of the President. It shall 20 exercise the powers and responsibilities of the current National Land Use 21 Committee, which is hereby abolished. The NLUC shall be chaired by a 22 Commissioner to be appointed by the President. The Commissioner will have the 23 rank of a Cabinet Secretary. The Commissioner shall be a qualified professional in 24 any of the fields of land use, physical planning, environmental management, 25 engineering, public governance or law.

The NLUC shall act as the highest policy making body on land use and 2 resolve land use policy conflicts between or among agencies, branches, or levels of 3 the government. It shall coordinate efforts towards the development of integrated 4 land use plans at the national, regional, provincial, and municipal/city levels, and 5 monitor the implementation of all land use plans including relevant policies.

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

7 the following: (a) Commissioner of NLUC as Chairperson; (b) Secretary of DEPDev as Vice Chairperson; as Ex Officio Members: (c) Secretary of DENR; (d) Secretary of DHSUD; (e) Secretary of DA; (f) Secretary of DAR; (g) Secretary of Department of Public Works and Highways (DPWH); (h) Secretary of DILG; (i) A representative from the LGUs; () Chairperson of National Commission on Indigenous Peoples (NCIP); and (k) Commissioner of the Bureau of Internal Revenue. The Department Secretaries may designate a representative with a rank 21 not lower than Assistant Secretary: Provided, That the representative shall be 22 designated on a permanent basis. The representative from the LGUs shall come 23 from the Leagues of Provinces, Cities, and Municipalities.

SEC. 20. Powers and Functions. - The NLUC shall have the following

25 powers and functions:

(a) Advise the President of the Philippines on all matters concerning land use 2 and physical planning; (b) Integrate and harmonize all laws, guidelines, and policies relevant to 4 land use and physical planning to come up with a rational, cohesive, and 5 comprehensive national land use framework; (c) Formulate policies and endorse land use and physical planning-related 7 policies that may be formulated by the RLUPC, created under Section 23 of this Act, 8 and concerned agencies as well as promulgate zoning and other land use control 9 standards and guidelines which shall guide the formulation of land use plans and 10 ZOs by local governments; (d) Prepare, periodically review, and if necessary, update the national 12 framework for physical planning to provide the general framework for the spatial 13 development directions for the entire country and sub-national levels; (e) Review and endorse all land use and physical planning related guidelines; (f) Monitor and coordinate the gathering of data, the conduct of studies 16 pertaining to land use planning, including studies on the management of identified 17 land uses, and such other studies not undertaken by other government agencies; (g) Recommend to the President of the Philippines the adoption, passage, 19 or amendment of laws to ensure that sectoral programs, plans, projects, and 20 activities, including local government initiatives affecting land use, are consistent with 21 national development objectives; (h) Coordinate with and assist other government agencies and LGUs in 23 planning, developing, and implementing their land use classification programs, and 24 provide, to the extent possible, technical assistance and guidance;

(i) Monitor and coordinate the activities of concerned agencies and entities of 2 the government, as well as LGUs, in the enforcement and implementation of land 3 use plans, policies and regulations relating to land use and resource management 4 and development; (i) Monitor and coordinate activities in the establishment of a national land 6 resource information and management system of concerned agencies that shall 7 integrate and process information on land use and allocation generated by the 8 various national government agencies; define information requirements at various 9 levels; and standardize information inputs and outputs including scales and symbols used in territorial and sectoral maps; (k) Be the repository of all RPFPs, PPFDPs, CLUPs, and all data and 12 information pertaining to land and land use; (1) Call on any department, bureau, office, agency, or instrumentality of the 14 government, and or private entities and organization for cooperation, support, and assistance in the performance of its functions; (m) Decide and resolve policy conflicts and territorial jurisdiction on land use 17 between or among agencies, branches, or levels of the goverment and act on unresolved land use policy conflicts at the regional level elevated by the RUPC; (n) Adopt rules of procedures for the orderly and expeditious conduct of 20 meetings and other business of the Council; and (o) Perform such other acts and functions and exercise such other powers as 22 may be necessarily implied, inherent, incident, or related to the foregoing.

SEC. 21. National Land Use Office (NLUO). - The NLUO is hereby

24 created under the Office of the President, which will serve as technical secretariat to 25 the NLUC. The NLUO shall be headed by the NLUC Commissioner with two (2) 26 Deputy Commissioners with the rank of Undersecretary.

The DHSUD - Environmental, Land Use and Urban Planning and 2 Development Bureau (DHSUD-ELUPDB) shall be converted into a line bureau that 3 shall serve as the NLUO. Further, the DHSUD-ELUPDB shall have service units for the planning and 5 policy formulation, operations, monitoring and information systems management, 6 technical assistance, legal, and special land use concerns. The staffing pattern of the 7 NLUO shall be approved by the Department of Budget and Management subject 8 to the provisions of R.A. No. 12231, otherwise known as the "Government 9 Optimizations Act (GOA)," and other pertinent laws, rules and regulations.

SEC. 22. Regional Land Use Office (RLUO). - An RLUO is hereby created

11 in each region. CHAPTER V REGIONAL AND LOCAL LAND USE POLICY BODIES

SEC. 23. Regional Land Use Policy Council (RLUPC). - At the regional

15 level, the RLUPC shall be institutionalized, replicating the NLUC structure and 16 composition with DHSUD representative as Chairperson, DEPDev representative as 17 Vice Chairperson, and with a duly authorized representative from the DENR, DA, 18 DAR, DPWH, DILG, NCCA, and LGU as members. The RUPC shall have the 19 following functions: (a) Formulate and adopt regional policies on land use and physical 21 planning; (b) Prepare and periodically update an RPFP taking into consideration national polices and lower-level plans; (c) Assist the provinces in preparing and periodically updating its physical 25 framework plans to ensure consistency with the regional and national plans and 26 policies and to facilitate its integration with the regional plans;

(d) Review, prior to adoption by respective Sanggunians, the PPFDP, and 2 CLUPs of highly urbanized and independent component cities, to ensure consistency 3 with the RPFP and national policies set forth by the NLUC and compliance with limits 4 prescribed under R.A. No. 7160, as amended, for reclassifying agricultural lands; (e) Decide and resolve policy conflicts on land use planning, classification, 6 and allocation that may arise between or among regional line agencies, provinces 7 and cities or municipalities; (f) Monitor changes in land use and other physical resources in the region; (g) Evaluate consistency of major programs and projects with the RPFPs 10 and their impact on land use and the environment; (h) Undertake the gathering of regional data for the land resource 12 information and management system; and (i) Perform other related functions as may be directed by the NLUC.

SEC. 24. Provincial Land Use Policy Council. - The Provincial

15 Development Council, created under Section 106 of R.A. No. 7160, shall act as the 16 PLUPC that will tackle land use concerns whenever necessary. A duly authorized 17 representative from the DENR, DHSUD, DAR, DA, DILG, and DPWH shall be 18 included in the composition of the PLUPC. In addition to the functions enumerated in 19 Section 109 of R.A. No. 7160, the PLUPC shall: (a) Advise the Sangguniang Panlalawigan on all matters pertaining to land 21 use and physical planning: (b) Review and endorse to the Sangguniang Panlalawigan for adoption, the 23 provincial physical framework plans, prepared and periodically updated by the PPDO 24 and other land use and physical planning-related policies; (c) Decide and resolve policy conflicts on land use planning, classification, 26 and allocation that may arise between or among cities or municipalities and any

1 unresolved land use conflicts at the city or municipal level. The PLUPC may call 2 upon any local official concerned such as provincial planning and development 3 coordinator, provincial agriculturist, provincial environment and natural resources 4 officer, provincial engineer, provincial assessor, or any official of national agencies 5 and other relevant agencies during discussions on land use and physical planning 6 concerns; and (d) Assist the Sangguniang Panlalawigan in reviewing the CLUPs of 8 component cities or municipalities to ensure consistency with the provincial physical 9 framework plans and compliance with the limits prescribed under R.A. No. 7160, as 10 amended, for reclassifying agricultural lands.

SEC. 25. City or Municipal Land Use Policy Council. - The City

12 Development Council or Municipal Development Council (CDC or MDC), created 13 under Section 106 of R.A. No. 7160, shall act as the CLUPC or MLUPC that will 14 tackle land use concerns whenever necessary. A duly authorized representative 15 from the DHSUD, DAR, DA, DENR, DPWH and DILG shall be included in the 16 composition of the C/MLUPC. In addition to the functions enumerated in Section 109 17 of R.A. No. 7160, the C/MLUP shall: (a) Advise the Sangguniang Bayan or Sangguniang Panlungsod on all 19 matters pertaining to land use and physical planning; (b) Review and endorse to the Sangguniang Bayan or Sangguniang 21 Panlungsod for adoption, the CLUP prepared and periodically updated by the 22 City/Municipal Planning and Development Office and other land use and physical 23 planning-related policies; (c) Decide and resolve policy conflicts on land use planning, classification, 25 and allocation that may arise between and among barangays and any unresolved

1 land use conflict at the barangay level regarding the violation of ZOs including 2 opposition to applications for locational clearances, permits or certificates; and (d) Advise the local zoning board of appeals and adjustments on all issues 4 and conflicts relating to zoning. For purposes of this Act, the City Planning and Development Coordinator or 6 Municipal Planning and Development Coordinator (CPDC or MPDC) shall: (a) act on 7 all applications for locational clearances for all projects except those of vital and 8 national economic or environmental significance; and (b) monitor on-going/existing 9 projects within their respective jurisdictions and issue notices of violation to owners, 10 developers, or managers of projects that are violative of ZOs. The CLUPC or MLUPC may call upon any local official concerned such as 12 CPDC or MPDC, city or municipal agriculturist, city or municipal environment and 13 natural resources officer, city or municipal engineer, city or municipal assessor, or 14 any official of national agencies during discussions on land use and physical 15 planning concerns. LGUs without operational CPDC or MPDC as mandated by 16 R.A. No. 7160, as amended, shall activate their respective councils within six (6) 17 months from the effectivity of this Act. CHAPTER VI ADOPTION, APPROVAL, AND REVIEW OF LOCAL LAND USE AND PHYSICAL FRAMEWORK PLANS

SEC. 26. Approval and Review of PPFDP and CLUPs. - The PPFDP.

22 CLUPs, and ZOs of the respective LGUs, including provinces, highly urbanized cities 23 and independent component cities, shall be submitted by the local land use 24 committees to the local development councils for transmission to their respective 25 local Sanggunian for approval.

SEC. 27. Provinces and Independent and Highly Urbanized Cities. -

2 Provinces and independent and highly urbanized cities shall have the power and 3 authority to adopt and approve their respective CLUPs, ZOs or provincial physical 4 framework plan, as the case may be, through their respective Sanggunian but 5 subject to the review of the RLUPC as provided in Section 23(d). CHAPTER VII MAPPING AND DATA MANAGEMENT FOR LAND USE PLANNING

SEC. 28. National Base Mapping Program. - A national mapping program

11 shall be implemented, coordinated, and monitored through the creation of an Inter- 12 agency Technical Committee (ITC) composed of the NAMRIA, as the lead agency, 13 BSWM, the Forest Management Bureau (FMB), the Land Management Bureau 14 (LMB), the Biodiversity Management Bureau (BMB), the MGB, the Philippine 15 Institute of Volcanology and Seismology (PHIVOLCS), DAR, the National Water 16 Resources Board (NWRB), Department of Energy (DOE), DEPDev, Philippine 17 Statistics Authority (PSA), University of the Philippines Resilience Institute (UPRI), 18 NCIP, and other concerned government agencies/bureaus. The ITC shall be 19 constituted, and the mapping program shall be initiated, within thirty (30) days after 20 the effectivity of this Act. The agencies mentioned in this section shall finish their 21 base mapping program within one (1) year upon the effectivity of this Act. For purposes of uniformity and standardization, the LGUs, to be assisted by 23 the appropriate agencies of the national government, shall likewise prepare their 24 respective territorial maps using scales, symbols, and other indicators to be prescribed in accordance with this Act. The completed maps shall be integrated in 26 the NPFP pursuant to Section 5 of this Act.

SEC. 29. National Geospatial Information Program. - Within one (1) year

2 upon the effectivity of this Act, the NAMRIA, in coordination with BSWM, FMB, LMB, 3 BMB, MGB, PHIVOLCS, DAR, NWRB, NCIP, DOE, DEPDev, PSA, UPRI, and other 4 concerned government agencies or bureaus shall complete the updating of base 5 maps including national disaster risk maps. These base maps and corresponding 6 geospatial data shall be shared and disseminated to all agencies and LGUs to serve 7 as reference in plan preparation and other planning activities.

SEC. 30. National Hazard Mapping Program. - Within thirty (30) days after

9 the effectivity of this Act, a nationwide hazard mapping and probabilistic hazard risk 10 assessment program shall be initiated jointly through the NLUC by the PHIVOLCS, 11 the Philippine Atmospheric Geophysical and Astronomical Services Administration 12 (PAGASA), NAMRIA, MGB, BSWM, DOE, and UPRI, in coordination with the National Disaster Risk Reduction and Management Council (NDRRMC), the 14 Regional Disaster Risk Reduction and Management Council (RDRRMC), NCIP, 15 NCCA, and other concerned government agencies. The program shall include the 16 generation of indicative hazard zoning maps that will outline areas in the Philippines 17 which are prone to liquefaction, landslides, severe flooding, lahar, ground rupturing, 18 tsunami, river erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, 19 pyroclastic flow, base surge, and other natural hazards. For purposes of uniformity and standardization and in order to develop a safe- subsequently incorporate and integrate the 21 built environment, the LGUs shall generated hazard zoning maps in their respective CLUPs. Said hazard maps shall serve as guide for all the LGUs in the preparation of their own hazards-constrained 24 development plans. The NPFP, pursuant to Section 5 hereof, shall incorporate these 25 hazard maps.

All infrastructure activities including real estates and subdivision projects and 2 the development of tourist spots requiring an Environmental Compliance Certificate 3 (ECC) shall be required to submit an Engineering Geological and Geo-hazard 4 Assessment Report (EGGAR).

SEC. 31. Basic and Applied Research for Science and Technology

6 Development. - Within one (1) year after the effectivity of this Act, the Department 7 of Science and Technology (DOST) shall, in coordination with concerned agencies, 8 academe, and research organizations, formulate a research agenda that will support 9 physical framework and land use planning.

SEC. 32. Scope and Nature of Responsibilities of Other National

11 Government Agencies. - All concerned national government agencies shall 12 periodically report to the NLUC on the various activities and accomplishments on 13 land use, including their respective sectoral or development plans. The NLUC may 14 call upon the agencies for technical and administrative support.

SEC. 33. Monitoring of CLUP Implementation. - The DHSUD shall design

16 and install an information system for monitoring the actual use of land resources, the 17 reclassification of agricultural lands authorized by cities and municipalities, and the 18 implementation of CLUPs of LGUs with a view to ensuring the compliance with 19 national policies, standards and guidelines: Provided, That the system shall be 20 developed in coordination with DA, DAR, DILG, DENR, DPWH, DEPDev, League of 21 Provinces, League of Cities, League of Municipalities, other concerned national 22 government agencies, academe, and research organizations.

SEC. 34. Submission of Annual Report on the implementation of CLUPs.

24 - The CLUPC or MLUPC shall submit an annual report on the implementation of 25 their land use plans to the PLUPC, which shall integrate the same for submission to

1 the RLUPC, which shall in turn integrate the provincial reports for submission to 2 the NLUC. CHAPTER VIII SPECIAL AREAS OF CONCERN Article 1 FOREST LANDS AND RESERVATION OF WATERSHED

SEC. 35. Reversion of A&D Lands to Forestlands. - Upon the

8 recommendation of the Secretary of the DENR, duly reviewed and endorsed by the 9 NLUC, and after due consultations with the concerned LGUs and affected parties, 10 Congress may authorize the reversion of A&D lands of the public domain or portion 11 thereof to forestlands, unless they are covered by existing titles, or actually occupied 12 openly, continuously, adversely, and publicly for a period required by law: Provided, 13 That, when public interest so requires, steps shall be taken to expropriate such 14 lands, cancel defective titles, or eject occupants thereof. Thereafter, said lands shall 15 be included in the preparation of land use plans within forestlands.

SEC. 36. Critical Watershed Areas. - The DENR, in coordination with the

17 DA, LGUs and other government agencies, including government-owned and 18 controlled corporation, and after mandatory public hearings or consultations, shall 19 identify and delineate critical watershed areas that need to be protected, 20 rehabilitated, enhanced or withdrawn from uses that contribute to their further 21 degradation.

SEC. 37. Formulation and Implementation of Integrated Watershed

23 Management Plans. - A Watershed Management Council (WMC), which is a 24 multi-agency, inter-LGU, and multi-sectoral consortium, chaired by the DENR and 25 co-chaired by the duly designated representative of the LGUs, shall be created at the 26 provincial level to ensure effective and sustainable resource management of a

1 particular watershed and provide the development needs of local communities. In 2 cases where a watershed transcends more than one province, a WMC at the 3 regional level shall be created. The WMC shall prepare the Integrated Watershed Management Plans 5 (IWMP) consistent with the existing DENR laws, guidelines, and rules and 6 regulations. The said IWMPs shall be integrated into the CLUPs of the LGUs. The DENR and the concerned LGUs shall jointly implement the Watershed 8 Management Plan subject to regular consultations with and involvement of the 9 community and other stakeholders.

SEC. 38. Establishment and Management of National Parks. - All areas

11 proclaimed by the President of the Philippines and Congress of the Philippines to be 12 under the NIPAS, unless disestablished, including those identified as initial 13 components of the NIPAS as KBAs, shall comprise the national parks classification 14 of the public domain. The DENR and concerned LGUs shall ensure that such areas 15 are integrated in the CLUP and physical framework plans. The preparation of 16 management plans of protected areas and national parks shall be in accordance 17 with the provisions of R.A. No. 7586, as amended, and other laws establishing or 18 declaring specific areas as protected areas. Article 2 COASTAL ZONES

SEC. 39. Criteria on the Allocation and Utilization of Lands within the

Coastal Zones. - The allocation and utilization of lands within the coastal zones 23 shall be guided by the following: (a) Areas vegetated with mangrove species shall be preserved for 25 mangrove protection and shall not be converted to other uses;

(b) Areas which meet all accepted criteria on elevation, soil type, soil depth, 2 topography, supply for successful fishpond development, and are not identified as 3 mangrove protection areas, shall be utilized for aquaculture purposes; (c) Areas sub-classified as mangrove and still suitable for use as such, or 5 due to environmental conditions need to be preserved as mangrove, but is devoid of 6 mangrove stands shall not be converted to other uses. The DENR shall ensure that 7 these lands shall be reforested within a given period of time; (d) Areas accessible to the sea and identified for fisherfolk settlement and 9 housing shall be allocated to traditional fisherfolk who are inhabitants of the coastal 10 communities and members of legitimate fisherfolk organizations or holders of 11 stewardship lease contracts or titles to ancestral domains or any form of property 12 right arrangements who participate in coastal resource management initiatives, 13 subject to the usual census procedures of the DHSUD; (e) Areas which do not fall under (a) to (d) above may be devoted to 15 recreational or tourism purposes: Provided, That such undertaking will not result in 16 environmental degradation and displacement of small fishers; (f) Areas which are considered as traditional fishing grounds shall be used 18 primarily for such purpose; (g) Areas which have been allocated for small infrastructure needed by 20 fisherfolk shall be allowed; (h) Areas which form part of foreshore lands as defined in this Act including 22 those which are under lease agreements or arrangements shall undergo zoning and 23 evaluation to determine their boundaries and actual sizes and corresponding uses: 24 Provided, That vested rights under the lease agreements or arrangements shall be 25 respected. Evaluation of the said lands shall also consider the natural, geologic, and 26 geomorphic conditions of the coast; and

(i) The free and prior informed consent of the concerned ICCs or IPs and the 2 necessary certification from the NCIP shall be secured before any allocation and 3 utilization of lands within the coastal zones that are found to be within ancestral 4 lands or domains.

SEC. 40. Coastal Land Zone Sub-classification. - All public lands in

6 the coastal zones are sub-classified into any of the following: fishponds, mangroves 7 for protection from tidal surge and for preservation of biodiversity, habitats and 8 sanctuaries for endangered wildlife, fisherfolk settlement, or recreational or tourism areas. No sub-classification of coastal zones to different uses may be done without 10 the following: (a) Conduct of a comprehensive inventory and resource and environmental 12 assessment by the DENR with the respective LGUs and accredited non-government 13 organizations (NGOs) or people's organizations (POs) within their territorial 14 jurisdiction. The result of the assessment along with a list of all existing applications and expired foreshore lease agreements must be posted in three (3) conspicuous 16 places in the affected localities; and (b) Prior consultation with the local Fisheries and Aquatic Resource 18 Management Councils pursuant to R.A. No. 8550, as amended.

SEC. 41. Zoning of Foreshore Areas. - LGUs, in coordination with the

20 DENR, shall conduct zoning of their respective foreshore areas to assist government 21 and community fishers identify priority areas for conservation and development, and to enable them to set targets for mangrove reforestation and rehabilitation.

SEC. 42. Protection of Waterways, Easements, and Flood Plains. -

24 Structures of any kind may not be built in waterways and easements. Pursuant to 25 P.D. No. 1067, the banks of rivers and streams and the shores of the seas and lakes

1 throughout their entire length and within a zone of three (3) meters in urban areas, 2 twenty (20) meters in agricultural areas and forty (40) meters in forest areas along 3 their margins are subject to easement of public use only in the interest of recreation, 4 navigation, floatage, fishing, and salvage. The protection of flood plains shall use the watershed management plan as 6 the reference framework in formulating flood mitigation plan. Development within 7 flood plains and other flood-prone areas must be controlled or, if allowed, must be so 8 sited, constructed, and serviced that the lives of occupants are not put at risk and 9 that disruptions during floods are minimized. The identification and characterization 10 of flood-prone areas and flood plains must be an integral part of Watershed 11 Management Plan that shall guide the preparation of CLUPs, local climate change 12 action plans, local disaster risk reduction and management plans and other 13 prescribed thematic plans. The LGUs shall establish land use regulations to mitigate flood risks through the CLUPs and ZOs. To promote the best interest and coordinated protection of flood plains, the 16 DPWH shall, in coordination with the DOST and DENR, declare flood control areas 17 as necessary and shall prohibit or control activities that may damage or cause 18 deterioration of lakes and dikes, obstruct the flow of water, change the natural flow of 19 rivers, increase flood losses or aggravate flood problems, pursuant to P.D. No. 1067. Article 3 SETTLEMENTS DEVELOPMENT

SEC. 43. Municipalities, Cities, and Settlements Development. - The

23 development of municipalities, cities, and settlements through CLUP and 24 implemented by the ZOs of cities and municipalities are guided by the urban zoning standards designed to maximize existing urban spaces, taking into account the 26 studies of pertinent government agencies on climate change. The new and existing

1 government buildings within the cities and municipalities shall comply with the 2 government energy management program and the Inter-Agency Energy Efficiency 3 and Conservation Committee resolutions.

SEC. 44. Settlements within Hazard Areas. - Settlements, in particular,

5 housing or residential developments, within hazard areas may be allowed: Provided, 6 That mitigating or protective measures are adopted to address the potential danger 7 or risk to lives and property within such settlements. In coordination with the 8 concerned agencies of the government such as the PHIVOLCS, PAGASA, and 9 MGB, the NLUC shall provide assistance to concerned LGUs and settlers in 10 instituting safety and corrective measures to address the potential danger or risk. 11 Residential zones as designated in the CLUP shall not be considered as outside the 12 hazard areas. However, for this purpose, housing projects within such areas with 13 less than or equal to one (1) hectare of project area shall be exempt from the ECC as well as the EGGAR and may be implemented without the need for any further 15 certificate of exemption from the DENR or any other government regulatory agency.

SEC. 45. Designation of Solid Waste Management Site. - Each city or

17 municipality shall identify, designate, and allocate a suitable area as indicated in the 18 comprehensive land use plan within their territorial jurisdiction to serve as sanitary 19 landfill or solid waste disposal site as established in its solid waste management 20 plan pursuant to R.A. No. 9003, otherwise known as the "Ecological Solid Waste 21 Management Act of 2000," within one (1) year after the effectivity of this Act. The LGUs, in coordination with the DENR or any other competent authority, 23 shall identify sites for sanitary landfill and facilitate the securing of the necessary 24 certifications pursuant to P.D. No. 1586, s. 1978, among others. The site or area 25 shall be identified in the city's and municipality's CLUP and for these purposes, cities 26 and municipalities shall establish their solid waste management program pursuant to

1 R.A. No. 9003, otherwise known as the "Ecological Solid Waste Management Act of 2 2000." Likewise, as provided under Section 33 of the Local Government Code, cities 3 and municipalities may, through appropriate ordinances, bind themselves towards 4 the establishment of a common solid waste management program. In case sanitary 5 landfields are designated in areas adjacent to or within ancestral domains, free, 6 prior, and informed consent or FPIC must be conducted and acquired.

SEC. 46. Network of Settlements. - The framework and policies for the

8 development of network of settlements shall be provided by the NPFP formulated by 9 the NLUC. Individual settlements shall be planned as part of a national network of 10 settlements. The network shall be based on existing and potential settlements; 11 production activities, particularly those that involve highly competitive industries 12 and services and generate local employment; environmental constraints and 13 sustainability considerations. Individual cities and municipalities shall be integrated 14 through transportation and other infrastructure support facilities.

SEC. 47. Criteria for Settlement Sites. - The following shall be the criteria

for identifying settlement areas: (a) Within A&D lands but not in environmentally-critical, hazard-prone or other protection areas as assessed, identified, and indicated in the Watershed 19 Management Plans; (b) Along established urban growth directions; (c) With existing or readily accessible basic services like utilities and access 22 to nearby electric distribution system; (d) Ideally within the zero to eight percent (0-8%) slope range, but with mitigating measures from slope nine to seventeen percent (9-17%);

(e) Reasonably accessible from existing built up areas and other 2 employment centers through existing or proposed roads and other transportation 3 facilities; and (f) Identified ICCs or IPs settlement areas shall be located within 5 ancestral domains. Hazard-prone areas shall be defined, delineated, and mapped by the DENR 7 and other mandated government agencies, together with LGUs during the preparation of management plans of the watersheds that are partially or wholly 9 inside the jurisdiction of municipality or city. As such, new settlements within 10 high-risk areas shall not be allowed. In cases where there are existing settlements 11 within geo-hazard areas or high-risk areas, mitigating or protective measures shall 12 be adopted to address the potential danger or risk to lives and property within such 13 settlements. In coordination with the concerned agencies of the government, the 14 NLUC, through the RLUPC and PLUPC, shall provide assistance to concerned LGUs and settlers in instituting safety and corrective measures to address the 16 potential danger or risk. New developments within geo-hazard areas shall be 17 required to submit an ECC and EGGAR consistent with the Revised Procedural 18 Manual for DENR Administrative Order (DAO) No. 2003-30, otherwise known as the 19 "Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact 20 Statement (EIS) System," and DAO No. 2000-28, otherwise known as the 21 "Implementing Guidelines on Engineering Geological and Geohazard Assessment as and 22 Additional Requirement for ECC Applications covering Subdivision, Housing 23 Other Land Development and Infrastructure Projects."

SEC. 48. Sustainable Communities. - Each city or municipality or cluster of

cities or municipalities, as appropriate, shall seek to follow the basic features of 26 sustainable communities, as guided by the National Urban Development and

1 Housing Framework: transit-oriented, pedestrian-biased, and multiple use, with 2 systems and practices that promote water use efficiency, energy efficiency, waste 3 segregation, recycling, and adequate community facilities. Cities and municipalities 4 or clusters thereof shall identify, designate, and allocate areas within their territorial 5 jurisdiction to serve as waste disposal site following the provisions of R.A. No. 9003. For energy efficiency, cities and municipalities or clusters thereof shall utilize 7 energy consuming products which comply with the DOE's efficiency rating and energy labeling system pursuant to the provision of R.A. No. 11285, otherwise 9 known as the "Energy Efficiency and Conservation Act."

SEC. 49. Designation and Zoning of Socialized Housing Zones. - Each

11 city or municipality in urban, urbanizable, and rural areas shall designate through the 12 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 15 existing laws and regulations. In order to ensure adequate availability of lands for the housing needs of the local population, the CLUP shall be updated, at maximum, 17 every twelve (12) years for provinces, cities, and municipalities. The designated sites for socialized housing and resettlements, whether 19 on-site or off-site, shall be located and integrated as specific socialized housing 20 zones within the city or municipality's zoning ordinance, pursuant to existing laws. In 21 determining these locations, the State shall ensure that such areas are not merely 22 designated for residential use but are strategically positioned to guarantee the affected community's proximity and accessibility to employment opportunities, economic activities, and essential social services.

Fisherfolk settlements and housing in coastal municipalities shall be zoned 2 near the sea for easy access to their livelihood as provided under Section 39(d) of 3 this Act. The housing or residential lands designated in the CLUPs and ZOs of cities 5 and municipalities shall, on one hand, not be subject to further land reclassification 6 by the LGU or land conversion procedure under DAR. On the other hand, agricultural 7 lands as designated in the CLUP which are no longer economically feasible for 8 agricultural use, as certified by the DA, may be subject to land reclassification or land 9 use conversion to housing or residential purposes and such land use conversion, as 10 the case may be, shall be exempt from the coverage of any moratorium on land use 11 conversion, provided such conversion shall not conflict with the prescriptions of 12 watershed management plans and shall not result in serious environmental and 13 ecological problems.

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

15 municipality shall identify, designate, and allocate lands owned by the city or 16 municipality as urban forest or green space based on the guidelines and standards 17 to be issued by the DENR and approved by the NLUC. Article 4 NIPAS AREAS

SEC. 51. Integrated Management Strategy. - For a more effective planning,

21 management, and protection of protected areas at the provincial, city or municipal 22 levels, the Protected Area Management Plan referred to in R.A. No. 7586, as 23 amended, must be incorporated in the provincial physical framework plan and 24 CLUPs, if applicable, wherein the protected area zoning must be reflected.

Article 5 AGRICULTURAL LANDS

SEC. 52. Priority Areas for Agricultural Development. - Priority areas

4 for agricultural development shall be those agricultural areas covered under 5 R.A. No. 6657 and those covered under NPAAAD and SAFDZ, defined in Section 4 6 of this Act and in R.A. No. 8435.

SEC. 53. Conversion of Agricultural Lands. - Prime agricultural lands

8 and specific types of lands to the extent necessary for attaining food self-sufficiency 9 in rice and food security in other basic commodities, as determined by the DA, 10 subject to mandatory consultation with the LGUs, the private sector, the NGOs, and 11 POs, shall be protected from conversion, which shall include but not limited to areas 12 under the NPAAAD and SAFDZ: Provided, That all irrigated and irrigable lands, all 13 lands developed or possessing the potential for development of high value crops, and all agricultural lands that are ecologically fragile and whose conversion will result 15 in serious environmental problems shall be given full protection from conversion, the 16 areas under which are subject to review every six (6) years by the DA, with 17 mandatory public consultations: Provided, further, That consistent with the State 18 policy on giving priority to the completion of the comprehensive agrarian reform 19 program, all lands subject to the comprehensive agrarian reform program including 20 those lands covered under notice of compulsory acquisition or voluntary offer to sell, 21 production or profit-sharing, or commercial farm deferment shall also be protected 22 from conversion pending the distribution and installation of the farmer 23 beneficiaries, but thereafter, Section 22 of R.A. No. 9700 shall apply: Provided, 24 furthermore, That the conversion of prime agricultural lands for use in priority 25 government projects for basic services such as irrigation and power shall be 26 allowed only upon the recommendation of the Secretaries of the DA and the DAR,

except for irrigated and irrigable lands with firm funding commitments as provided 2 under the issuances relevant to the AFMA law: Provided, finally, That the mapping of 3 the NPAAAD under R.A. No. 8435 shall be completed within one (1) year from the 4 effectivity of this Act. Lands defined under Section 10 of R.A. No. 6657 shall remain 5 exempted and excluded from the coverage of the comprehensive agrarian reform 6 program. With due consideration of the abovementioned conditions that provide for the full protection of prime agricultural land, agricultural lands are deemed converted to non-agricultural uses only upon approval by the DAR of the 9 application for conversion.

SEC. 54. Sub-classification or Re-classification of Agricultural Lands by

11 LGUs. - Sub-classification or re-classification of agricultural lands to other uses 12 under Section 20 of R.A. No. 7160 shall exclude the protected agricultural lands as 13 stated in the preceding section. Moreover, such sub-classification or reclassification 14 is not synonymous to conversion. Further, such sub-classification or reclassification 15 shall not result to land uses that are in conflict with the prescriptions of the watershed management plans. The DA and DAR shall provide the LGUs with complete list and 17 maps of protected agricultural lands within their territorial jurisdictions.

SEC. 55. Criteria for the Utilization and Allocation of Land for Mining

19 Purposes. - Consistent with this Act and the provisions of R.A. No. 7942, otherwise 20 known as the "Philippine Mining Act of 1995," and to ensure that the objectives of 21 maintaining ecological balance and maximizing economic returns to mining operations are realized, the allocation and utilization of lands for mining purposes 23 shall be guided by the following: (a) The principles of sustainable development and responsible mining;

(b) In case of small-scale mining, adequate and acceptable safeguards shall 2 be instituted by the holders of mining rights or permits to prevent environmental 3 degradation of the mining sites and adjacent areas; (c) Mineral reservations which have become non-operational as determined 5 by the MGB shall be placed under appropriate surface management by the DENR 6 after conducting scientific, geological, and environmental studies in accordance with 7 relevant laws on mineral reservation establishment and de-establishment; (d) Natural forests, proclaimed watershed forest reserves, mangrove forests, 9 and mossy forests are closed to mining operations pursuant to R.A. No. 7942, and 10 other pertinent laws; (e) Consistent with R.A. No. 7942, areas closed to mining operations like 12 natural forests, proclaimed watershed forest reserves, mangrove forests, and mossy 13 forests shall be periodically reviewed through mineral exploration to be undertaken 14 by the DENR for the purpose of determining whether or not their continued closure is 15 consistent with the national interest and with the prescriptions of watershed 16 management plans and, if warranted, recommend their reclassification as mineral 17 lands; and (f) Protection forestlands and agricultural lands shall be exempt from mining 19 activities to minimize the effect of natural calamities and to protect food security 20 respectively. The small to large scale mining operations shall yield from and 21 recognize the tenurial instrument given by the government such as original certificate 22 of title, transfer certificate of title, certificate of ancestral domain title, emancipation 23 patent certificate of land ownership award, and other instruments. If these be 24 present, mining activity shall be allowed subject to clearances and consent, and: 25 Provided, That mining activity shall not conflict with the prescriptions of

1 watershed management plans and shall not have serious environmental and 2 ecological problems.

SEC. 56. Reversion of Mineral Lands. - All mineral lands with exhausted

4 mineral resources, as determined by the MGB and upon the recommendation of the 5 DENR, shall revert to its original land classification, that is, as forestland or 6 agricultural land. In the case of forestlands, the DENR may classify such areas for 7 other purposes in consultation with concerned LGUs, DOT, and other national 8 government agencies, and consistent with the prescriptions of the watershed 9 management plans. Article 6 ENERGY RESOURCES

SEC. 57. Guidelines for the Utilization and Allocation of Lands for

13 Energy Resource Exploration, Development, Production, Utilization, and 14 Distribution Purposes. - To ensure that the objectives of maintaining ecological 15 balance and maximizing the power potential from indigenous energy resources in the 16 most economical and environmentally-acceptable means are realized, the allocation 17 and utilization of lands are to be guided by the following, consistent with the existing 18 laws, rules and regulations on energy resources: (a) Indigenous energy resource exploration and development for the 20 purpose of creating a national energy resource inventory and data base as well as an energy resource block map are allowed, subject to the prescriptions of watershed 22 management plans and other land management plans; (b) Indigenous energy resource exploration, development, production, 24 utilization, and distribution are subject to the appropriate requirements and processes of the Environmental Impact Statements (EIS) system. Each project must 26 secure an ECC prior to project implementation to ensure that adequate and

1 appropriate environmental management measures and optimum methods for 2 resource access and recovery are used; (c) Protected areas defined in Section 17 of this Act are closed to any kind 4 of energy resource development except for installation or erection of power lines 5 therein: Provided, That vested rights granted through the Special Use Agreements in 6 Protected Areas as granted by the DENR are respected; (d) Energy reservations or portions thereof which have become or have 8 been established to be non-economically viable to operate or are no longer used for 9 energy purposes must be reclassified to other land uses, subject to existing laws 10 covering energy reservations and to prescriptions of watershed management plans; (e) Renewable energy is preferred over other energy resource; and (f) Land use to host power plants, solar farms, and similar facilities shall not be considered part of the recoverable generation charge or component thereon when such land is owned by the generation company. However, lease payments 15 for land under a valid lease agreement may be treated as recoverable costs in 16 accordance with applicable laws, rules, and regulations.

SEC. 58. Reversion of Energy Resource Lands. - All exhausted

18 indigenous energy resource lands, as determined by the DOE, which are not 19 covered by proclamations must automatically revert to the category of forestlands or 20 agricultural lands, open to disposition, whichever is appropriate, unless the DENR 21 classifies such areas for other purposes consistent with the prescriptions of 22 watershed management plans. Exhausted energy resource lands are specific 23 energy resource sites that the energy reserves of the desired type or types are no 24 longer in sufficient quantity or quality to justify additional expenditure for its extraction 25 and utilization.

Article 7 INDUSTRIAL DEVELOPMENT AREAS OR SITES

SEC. 59. Criteria for Designating Industrial Development Areas. - The

4 identification and establishment of industrial development areas shall conform to the 5 provisions of R.A.s Numbered 7916, 6657, 8371, 7279, 8550, and 8435, taking into 6 consideration the following: (a) Identified network of areas for agricultural development and protected 8 agricultural areas pursuant to R.A. No. 8435; (b) National policies on the regional dispersal of industries and agri-based 10 industrial development; (c) Identified growth areas and corridors in the National Development Plan; (d) NIPAS and non-NIPAS areas such as KBAs and restored areas that require protection; (e) National and Urban Development and Housing Framework; (f) Identified socialized housing zones; (g) National framework for physical planning and other existing national programs and policies; and (h) Prescriptions of watershed management plans. The designated industrial development areas must be located only in 20 production land uses areas and shall form an integral part of the land use plan and zoning ordinance of the city or municipality where these areas are located pursuant 22 to R.A.s Numbered 6657, 8371, 7279, 855, 8435, and 7160, as amended. Article 8 TOURISM DEVELOPMENT AREAS

SEC. 60. Designating Tourism Development Areas. - The identification,

selection, and development of tourism development areas, and Tourism Enterprise

1 Zones shall be done in consultation and coordination with the LGUs, TIEZA, DOT 2 and other national government agencies, the private sector, and the affected 3 communities subject to the provisions of R.A. No. 9593, otherwise known as 4 "The Tourism Act of 2009." Tourism development areas include those covered by 5 legislative and executive issuances such as tourist spots, tourist zones, and tourism 6 ecozones which can be developed into tourism estates or integrated resort, or 7 integrated resort leisure and recreation complexes. Other tourism-related facilities 8 and those identified in the national, regional and area-specific tourism master 9 plans and other sector plans, such as ecotourism and agri-tourism sites are also 10 considered as tourism development areas. The sites designated for tourism 11 development must be outside of the areas identified for protection land use. As much 12 as practicable, community-based tourism shall be the principal mode of tourist spot 13 operation. R.A.s Numbered 6657, 8371, 7279, 8435, 7160, and E.O. No. 111, series of 1999, which provide for the national ecotourism strategy, shall apply to all tourist 15 zones and tourist development areas. Designated areas for tourism development form part of the CLUPs and ZOs of the cities or municipalities where these areas are located.

SEC. 61. Identification and Declaration of Areas for Protection,

19 Conservation, and Preservation of Cultural Heritage. - Pursuant to 20 R.A. No. 10066, otherwise known as the "National Cultural Heritage Act of 2009," the 21 NHCP or the National Museum, the NCCA, in coordination with NCIP, DHSUD and 22 other concerned agencies, local communities, and the private sector, shall identify 23 declared areas and structures which shall be protected and preserved as part of the Philippine cultural heritage. The LGUs, in coordination with the NHCP, the NCCA and the Cultural 26 Center of the Philippines (CCP), shall designate historical zones to protect the

1 historical integrity of said geographical areas and cultural space of intangible 2 cultural properties. Declared and known archaeological sites shall likewise be protected by the 4 NCCA, the DHSUD, the NCIP, other concerned government agencies, and LGUs 5 against modification, alteration, or destruction. Article 9 INFRASTRUCTURE DEVELOPMENT

SEC. 62. Strategic Transport Network. - The national government, through

9 the Department of Transportation, shall establish a strategic and sustainable 10 multimodal transport network that provides connectivity within the national network of settlements. Such connectivity shall include linkages among existing and proposed 12 priority urban centers, rural areas, production hubs and tourism zones, distribution 13 centers and markets, and key international points of entry. It shall be developed 14 to promote network efficiency and social service delivery, to catalyze areas 15 identified critical for economic growth, while minimizing negative impacts to 16 environmentally-critical and protected areas as identified in the watershed 17 management plans. The national network of settlements, as defined in the NPFP, shall guide the 19 development of a multimodal transportation network. The network shall be designed 20 and implemented to provide seamless connectivity among the various modes of 21 transportation. The RPFPs, PPFDPs and city or municipal CLUPs shall focus on the 22 transportation network that corresponds to their respective jurisdictions while 23 maintaining consistency with the over-all national networks.

SEC. 63. Allocation and Use of Land for Infrastructure Development. -

25 Land, whether public or private, shall be allocated and utilized for priority 26 infrastructure projects that are supportive of national or local development objectives.

1 The DEPDev, in consultation with the national government agencies, LGUs and the 2 private sector, shall identify and periodically review, update or revise the list of 3 priority infrastructure projects under an over-all national strategic infrastructure 4 development plan subject to the provisions of this Act, R.A. No. 8435 and 5 R.A. No. 8371. The national strategic infrastructure development plan must be 6 consistent and integrated in the objectives and directions of the NPFP. In determining and evaluating the list of priority infrastructure projects, 8 consideration shall be given to those that: (a) Respond to immediate and vital requirements of the national and 10 regional economy with priority to improving production-market integration, 11 intermodal 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 settlement development; and (d) Mitigate the destructive effects of natural disaster-causing phenomena or •serve as alternatives to existing infrastructure found in natural hazard-prone areas. The provision and implementation of infrastructure support must be made 18 compatible with existing environmental conditions and the physical, whether natural 19 or human-made, and cultural character of the area. Mandatory public consultations 20 pursuant to existing laws and regulations must be held prior to the conduct of all infrastructure projects that necessarily involve dislocation or displacement of people in the area. The proponent of the infrastructure project shall follow the rules on just and humane eviction or demolition under Section 28 of R.A. No. 7279, otherwise known as the "Urban Development and Housing Act of 1992," as a last resort, notwithstanding the provisions of R.A. No. 8975, otherwise known as the

1 "Expeditious Implementation of Government Infrastructure Projects," prohibiting 2 lower courts from issuing temporary restraining orders, preliminary injunctions or 3 preliminary mandatory injunctions. The proponent shall also follow the provisions of 4 R.A. No. 8371, particularly those pertaining to the rights of IPs or ICCs in case of 5 displacement. The national government infrastructure projects shall, after 6 determining that displacement is unavoidable, include the budgetary requirements 7 for the adequate relocation of displaced communities.

SEC. 64. Infrastructure Projects within Geo-hazard Areas. - Construction

9 of priority infrastructure projects within hazard-prone areas are allowed. However, 10 mitigating or preventive measures must be adopted and implemented to address the 11 potential adverse economic, socio-cultural, and environmental impacts that 12 emanate from these infrastructure projects, subject to the findings and recommendations of a feasibility study or environment impact assessment in 14 accordance with P.D. No. 1586, otherwise known as the "Philippine Environmental 15 Impact Statement System," and R.A. No. 4846, otherwise known as the "Cultural 16 Properties Preservation and Protection Act." Existing projects that were undertaken without the required environmental 18 impact assessment and which pose a threat to the environment, or to the integrity of 19 historic, archeological or scientifically significant areas, or impinge on critical 20 ecosystems, and other areas identified in the watershed management plans may be 21 terminated immediately or gradually phased-out and relocated. If the existing project 22 is to be maintained within their life span, mitigating measures must be adopted and 23 implemented. The rules on mandatory public hearings or consultations and just and 24 humane eviction or demolition shall also be observed prior to the termination, 25 gradual phase-out, or relocation of projects that necessarily involve dislocations or 26 displacement of the people in the area.

Article 10 AGRO-INDUSTRIAL DEVELOPMENT

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

4 consolidation of small-scale agricultural landholdings shall be promoted to take 5 advantage of economies of scale in agricultural production, to promote value chain 6 development, and to increase farm incomes and improve the quality of life of 7 farmers. A Land Consolidation and Utilization Program under the DA shall be 8 established. The program shall implement the following: (a) Consolidation of small contiguous landholdings into bigger agricultural 10 estates for farm operations and agro-industries; (b) Crafting of a comprehensive plan and study of the optimum utilization and 12 long-term productivity of bigger landholdings; (e) Private sector participation in agricultural production and management through adequate security, incentives, and reasonable return on investments, within 15 limits set by existing laws; (d) Development and adoption of cooperative systems that will increase the 17 participation and protection of small farmers; and (e) Provision of support to consolidated farms in such forms as farm-to-market 19 roads, irrigation, utilities, logistics, processing facilities, upgrading of basic social 20 amenities, and marketing assistance to farmers. CHAPTER IX TRAINING, EDUCATION AND VALUES FORMATION

SEC. 66. Values Formation. - In order to develop a well-informed,

24 responsible, and committed citizenry, who value the protection, conservation, and 25 development of the limited land and other physical resources of the country, the 26 CHED, with prior consultation with concerned stakeholders, may include a subject or

1 topic on sustainable land use in the general education curriculum of higher education 2 institutions.

SEC. 67. Information or Education Campaign and Capacity Building. -

4 The NLUC shall spearhead a nationwide information or education campaign on land 5 use and physical planning together with the local and national government agencies. 6 The DHSUD, in coordination with DILG, CHED and other concerned agencies, shall 7 formulate and implement a land use management capability building program for 8 national and local goverment officials, community leaders, representatives of 9 NGOs, POs, the religious sector, and the general public. CHAPTER X INCENTIVES, SANCTIONS, AND PENALTIES Article 1 INCENTIVES

SEC. 68. Formulation of a System of Incentives and Awards. - The NLUC

15 shall come up with a system of incentives and awards to LGUs that regularly update 16 their CLUPs within the prescribed period, as follows: (a) Provinces, highly urbanized cities, and independent component cities once every twelve (12) years; and (b) Component cities and municipalities once every twelve (12) years.

SEC. 69. Priority in Giving Technical Assistance to LGUs. - In providing

technical assistance and other forms of support related to land use management and the implementation of development plans, the national government agencies shall give priority to cities and municipalities with approved CLUPs. The same assistance and support shall also be provided to the fifth (5th) and sixth (6h) class municipalities: Provided, That the lack of technical assistance shall not exempt said municipalities from the provisions of Section 70.

Article 2 SANCTIONS AND PENALTIES

SEC. 70. Failure to Formulate, Enforce, or Implement the CLUPs.

4 - Within three (3) years after the effectivity of this Act, all LGUs shall complete the 5 formulation of their CLUPs. Failure to formulate, enforce or implement the CLUPs shall be subject to the 7 penalties and sanctions to be imposed by DHSUD pursuant to R.A. No. 11201, 8 otherwise known as the "Department of Human Settlements and Urban Development 9 Act," and its Implementing Rules and Regulations. The DILG, consistent with due 10 process, shall investigate, review, and impose appropriate action regarding local 11 chief executives and other local officials and employees responsible for the 12 formulation, enforcement, and implementation of the CLUPs, in case of any of 13 the following: (a) Failure to implement and enforce the CLUP due to negligence of duty; (b) Failure to provide appropriate budgetary allocation to effect its implementation; and (c) Failure to complete the preparation and undergo review and approval 18 process of the CLUP despite the availability of funds, resources, and support by the 19 Sanggunian concerned.

SEC. 71. Causing Irrigated Agricultural Lands to be Idle. - Any person

21 or juridical entity who shall cause any irrigated lands, whether contiguous or not, 22 within the protected areas for agricultural development, to lie idle and unproductive 23 for a period exceeding one (1) year, unless due to force majeure, shall be subject to an idle land tax equivalent to five percent (5%) of the value of the agricultural land as appearing in its real property tax declaration. In addition, the violator shall be 26 required to put back such lands to productive agricultural use. Should the continued

1 agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, 2 the land shall be subject to escheat proceedings.

SEC. 72. Person Abetting Illegal Conversion. - Any person initiating,

4 causing, inducing, or abetting illegal conversion as defined in Section 73(c) of 5 R.A. No. 6657, as amended, and Section 4(cc) of this Act shall, upon conviction, be 6 imprisoned from seven (7) to twelve (12) years and imposed a fine of not less than 7 One hundred thousand pesos (P100,000.00), or both, at the discretion of the court: 8 Provided, That if the offender is a public official or employee, whether elected or 9 appointed, the penalty shall, in addition thereto, include dismissal through permanent 10 separation from the service and forfeiture of all benefits and entitlements accruing to 11 the public position and perpetual disqualification to run or apply for any elective or 12 appointive public office: Provided, further, That if the offender is a juridical person, 13 the penalty of imprisonment shall be imposed on the president, chief executive 14 officer, manager, chairperson and all the members of the board, and other 15 responsible officers thereof, and the fine shall be equivalent to the zonal value of the 16 land or forty percent (40%) of the shareholders equity, as determined at the time of judgment whichever is higher, plus forfeiture of the land in favor of the State for sale 18 though public auction, the proceeds of which shall automatically accrue to the 19 Agrarian Reform Fund as provided for in Section 79 of this Act.

SEC. 73. Fine for Non-Completion and Non-Commencement of

21 Development of Agricultural Lands with Approved Order of Conversion. - A 22 landowner and designated developer or duly authorized representative who, without 23 justifiable cause, fails to commence or complete the development of agricultural lands with approved order of conversion shall be penalized, jointly or severally, with 25 any of the following fines based on the zonal value of the land at the time the fine 26 is imposed:

(a) On failure to commence within one (1) year from the date of conversion 2 order: (1) Six percent (6%) of the zonal value of the subject land for the first 4 three (3) hectares; (2) Fifteen percent (15%) of the zonal value of the subject land for the next 6 three (3) hectares, and (3) Thirty percent (30%) of the zonal value of the subject land for the 8 remaining area: Provided, That the order of conversion shall be deemed revoked 9 automatically and the land shall revert to its original agricultural use. (b) On failure to complete fifty percent (50%) of the approved conversion 11 plan within a specified time frame: fifty percent (50%) of the zonal value of the 12 subject land and the revocation of the conversion plan on the undeveloped portion 13 which shall automatically revert to its original use as agricultural land. The same 14 shall be covered under the Comprehensive Agrarian Reform Program and 15 processed for land distribution as soon as possible.

SEC. 74. Change of Use from the Previously Authorized Conversion

17 Order. - The landowner and future landowners of the property approved for 18 conversion shall not change its use to another use not authorized under the 19 Conversion Order without prior consent from the DAR. This prohibition extends to 20 changes in housing standards, changes in selling schemes, changes from social 21 housing to open market housing or vice-versa, and all other similar changes, the 22 violation of which shall be penalized with revocation of Conversion Order and 23 forfeiture of cash bond.

SEC. 75. Payment of Disturbance Compensation. - Following the order

25 of priority as enumerated in Section 22 of R.A. No. 6657, as amended, qualified 26 beneficiaries such as agricultural lessees and share tenants, regular farm workers,

1 seasonal farm workers, other farm workers, actual tillers or occupants of public 2 lands, collective or cooperative, of the abovementioned beneficiaries, and others 3 directly working on the land affected by agricultural land use conversion, shall be 4 entitled to the payment of disturbance compensation equivalent to five (5) times the 5 average of the gross harvests on the landholding during the last five (5) preceding 6 calendar years or a certain percentage of the converted land, whichever is higher, as 7 determined by the DAR.

SEC. 76. Authority to Impose Fine. - The DAR shall impose the penalty

9 provided for under the preceding section.

SEC. 77. Withdrawal of Local Development Permits or Licenses. - Upon

11 receipt of notice from the DAR of illegal conversion, the concerned agencies, city or 12 municipality shall withdraw or revoke any development permit or license issued to illegally converted agricultural lands.

SEC. 78. Penalty for Reclassification of Protected Agricultural Lands

15 and Exceeding the Limit of Areas Allowed for Reclassification. - Any person initiating, causing, inducing or abetting the reclassification to non-agricultural uses of protected agricultural areas as defined in this Act shall be punished with imprisonment of twelve (12) years or a fine of not less than One hundred thousand 19 pesos (P100,000.00), or both, at the discretion of the court. If the offender is a public official or employee, whether elected or appointed, 21 the penalty includes dismissal from the service, forfeiture of entitlements accruing to the public position, and perpetual disqualification to run or apply for any elective or 23 appointive position. If the offender is a juridical person, the president, chief executive officer, 25 manager, chairperson, members of the board, and other officers who directly 26 participated in the violation of this Section shall be held liable.

The same penalty is applicable to persons who are responsible for exceeding 2 the limits set forth under Section 20 of R.A. No. 7160 pertaining to reclassification 3 oflands.

SEC. 79. Utilization of Fines. - The fines collected under Sections 72, 73

5 and 78 of this Act shall accrue to the Agrarian Reform Fund and shall be used for the 6 purpose for which the fund is established. CHAPTER XI TRANSITORY AND FINAL PROVISIONS

SEC. 80. Convening of the NLUC. - Within thirty (30) days after the

10 effectivity of this Act, the Chairperson shall convene the NLUC.

SEC. 81. Implementing Rules and Regulations. - Within six (6) months

12 after the effectivity of this Act, the NLUC shall promulgate the rules and regulations 13 to implement the provisions of this Act.

SEC. 82. Congressional Oversight Committee on the Land Use Act. -

15 There is hereby created a Joint Congressional Oversight Committee to monitor the 16 implementation of this Act. The committee shall be composed of seven (7) Senators 17 and seven (7) representatives to be appointed by the Senate President and the 18 Speaker of the House of Representatives, respectively. The members from the 19 Senate shall be appointed based on proportional representation of the parties or 20 coalitions therein, with at least two (2) Senators representing the minority. Likewise, 21 the representatives from the House of Representatives shall be appointed based on 22 proportional representation of the parties or coalitions therein with at least two (2) 23 Members representing the minority. The mandate given to the Joint Congressional Oversight Committee under 25 this Act shall be without prejudice to the performance of the duties and functions 26 by the respective existing oversight committees of the Senate and the House of

1 Representatives. The secretariat of the committee shall be drawn from the existing 2 secretariat personnel of the committees comprising the oversight.

SEC. 83. Appropriations. - The amount necessary for the initial

4 implementation of this Act shall be charged against the current year's appropriations 5 of the departments and agencies concerned. Thereafter, such amount shall be 6 included in the annual General Appropriations Act. The LGUs may set aside from any available local revenue an amount deemed 8 appropriate for the implementation of this Act.

SEC. 84. Review of the Existing Land Use Plans. - Provinces, cities, and

10 municipalities with existing land use plans shall review, revise, reconcile, and 11 harmonize their respective land use plans in accordance with the guidelines and 12 standards issued by the NLUC within one (1) year after the effectivity of this Act. All other laws, orders, issuances, rules and regulations inconsistent herewith 14 are repealed or modified accordingly.

SEC. 85. Non-impairment Clause. - Nothing in this Act shall be construed

16 as to diminish or impair the rights recognized granted, or available to marginalized or 17 the basic sectors under existing laws or to diminish or impair vested rights generally, 18 including the rights of indigenous cultural communities and indigenous peoples as 19 provided under R.A. No. 8371.

SEC. 86. Separability Clause. - If any provision of this Act is declared

21 unconstitutional, the remainder of this Act or any provisions not affected thereby 22 shall remain in full force and effect.

SEC. 87. Repealing Clause. - Sections 10 and 11 of R.A. No. 8435;

24 Sections 447(a2vii) and 458(a2viii) of R.A. No. 7160; the pertinent provisions of 25 E.O. No. 648, series of 1991; E.O. No. 72, series of 1993; E.O. No. 770, series of

1 2008; Letter of Instruction No. 1350, series of 1983; and P.P. No. 2282, series of 2 1983 are hereby repealed, amended or modified accordingly.

SEC. 88. Effectivity. - This Act shall take effect fifteen (15) days after its

4 publication in the Official Gazette or in a newspaper of general circulation. Approved,