You are on page 1of 10

DRAFT COMMENTS

ON THE PROPOSED EXECUTIVE ORDER ON FAST-TRACKING THE IMPLEMENTATION OF


LAND USE RELATED POLICIES TO ENSURE SUSTAINABLE LAND USE MANAGEMENT
By EnP Andres Muego

1. On the Composition of the NLUC

The proposed EO drastically reduces the number of Members in the NLUC. While the rationale given
is to facilitate discussion and decision-making, this could in fact delay the process, given the
following:
• as the NLUC will have to call on other agencies/entities when it needs inputs from these
parties;
• Decision-making and implementation will also be more time-consuming as the NLUC will
have to disseminate and inform non-members which may also involve more discussions and
possibly modifications and more inputs which will delay the entire process;
• The exclusion of the private sector and representation from the League of Provinces,
Municipalities and Cities will also omit the opportunity for valuable and significant inputs
directly from those on the ground who eventually will be the one to implement and be
affected by decisions of the NLUC. As such there may be policies and decisions by the NLUC
which may not be acceptable or realistic for implementation on the ground and will be
subjected to opposition.
• The reduction of the NLUC composition will also meant a narrower perspective of land-use
policies, action-agenda and decision made. The danger will be the non-attainment of a
rational use and management of the country’s land and other physical resources.
• Others

The NLUAs National Land Use Commission composition (including the consultative body) is the ideal
as it is designed to correct the above-concerns.

The proposed EO should now focus on mainstreaming green recovery and building back better
agenda on land use policies, use and management. The NLUC composition is an indication for non-
consideration of other sectors significant and valuable contribution to realization of green recovery
agenda on land use concerns.

The land use sector could support green recovery through the inclusion of and aligning policies on
the following green recovery agenda: build back better, accelerate a low-carbon transition,
strengthen biodiversity protection and enhancing environmental health.

The Green Recovery Agenda on building back better, low-carbon, biodiversity protection and
environmental health agendas will also meant non-motorized mobility and mass-transport system;
renewable energy; circular economy; open spaces; walkable, livable, vibrant and healthy
neighborhoods – which are the functions of land use planning and management.

The green recovery agenda will be best supported if this is clearly spelled-out in the proposed EOs
preamble, powers/functions of the NLUC, RLUC and Local LUCs, and the composition of
memberships. Thus, it will be better if the proposed EO NLUC memberships will also include the
following: DPWH, DOTR, DOE, DOST, DTI, Representatives from league of

1
Provinces/Cities/Municipalities, Representatives from Professional Organizations (particularly the
Phil. Institute of Environmental Planners), and Representatives from basic sectors.

2. Functions of the NLUC

Inclusion of the following functions:

• Promulgate policies for the inclusion and mainstreaming of ‘Green Recovery from COVID
19/Pandemic Agenda’ into land use policies, plans and programs from the National,
Regional, Provincial, Cities and Municipalities levels.
• Review and Ratify DHSUDs land use planning standards and guidelines for consistency with
the national framework for physical planning, green recovery agenda and other land use
policies and management1.

3. Composition of the RLUC

The composition of the RLUC shall replicate that of the proposed/suggested composition of the
NLUC that also includes (in addition to those mentioned in the EO) the following: DPWH, DOTR,
DOE, DOST, DTI, Representatives from the league of Provinces/Cities/Municipalities, Representatives
from Professional Organizations (particularly the Phil. Institute of Environmental Planners), and
Representatives from basic sectors (This will be pattern after the RDCs Private Sector
Representations).

Representation of the DENR in the RLUC should also specify the inclusion of the following Bureaus as
regular members: EMB, BMB, MGB, FMB, PENRO (of the various Provinces in the Region), and
others as identified by the RLUC as necessary and relevant (such as PAMB, Riverbasin Management
Councils, etc)

4. Functions of the RLUC

Inclusion of the following function (noted in the EO72 and the NLUA Bill, but omitted in the
proposed EO):

• The RLUC shall review the CLUPs of Provinces, highly-urbanized cities, and independent
component cities. It shall review such plans to ensure their consistency with the RPFP and
national policies set forth by the NLUC

5. Composition of the PLUC

Inclusion of the following:

• Representation of the NGAs in the PLUC shall also include those mentioned in the RLUC
• Representatives from Professional Organizations (particularly the Phil. Institute of
Environmental Planners), and
• Representatives from basic sectors (This will be pattern after the PDCs Private Sector
Representations).

1
An oversight function of the NLUC

2
6. Functions of the PLUC
• Revised/Modify item (d) to read as… “Endorse the PDPFP to the PDC for adoption, and
subsequently to the Sanguniang Panlalawigan for Approval provided that the PDPFPs shall
be reviewed by the RLUC (for consistency with the RPFP & national policies set forth by the
NLUC) and DHSUD2 to ensure compliance with prescribed national standards and guidelines”

7. On the timeframe/planning period of PDPFP and CLUP


• The proposed EO indicated that both the PDPFP and the CLUP have a timeframe/planning
period of 12 years.
• The comprehensiveness of the plan may not be anymore appropriate in a planning period of
12 years, thus, the CLUP should now be City/Mun Physical Framework Plan (C/MPFP)
• Given a Mayor’s term of four (4) years, in every four years – the incoming mayor shall
prepare/submit his/her Four Year Strategic Land Use Plan. Or it will be the City/Municipal
Comprehensive Development and Land Use Plan (combining the CDP and the Strategic Land
Use Plan).
• The Strategic Land Use Plan will not be as comprehensive and detailed as that of the CLUP as
it puts more emphasis on how the Mayor could implement policies, achieve goals/objectives
and actions (with reference to the C/MPFP) within the four years of his/her term.

8. On Sanctions and Penalties on the Failure to formulate, enforce and/or implement the CLUPs

• There are examples/models on how penalties and sanctions imposed on the LGUs (Mayors
and Officials) which showed on how it works and the little effect/impact on
achieving/realizing the intended objectives. This may result on having a plan for compliance
purposes only to avoid penalties and sanctions.
• The proposed EO description lacks the necessary details compared to that of the NLUAs
description/definitions – if such penalties/sanctions be imposed it will be better to adopt the
NLUAs version
• Better to simply implement Incentives and Awards than having penalties and sanctions – as
the reason/rationale for non-compliance may be on the review and approval process,
difficulty of complying with the standards/guidelines, and causes other than that of the LGUs
failures and shortcomings.

2
In the EO, PDPFPs shall be reviewed and approved by the DHSUD Secretary, however, approval of PDPFPs are
vested on the Sanguniang Panlalawigan – thus, approval by DHSUD Secretary is not necessary--

3
Comparison Between the Proposed EO, EO 770/EO 72 and the NLUA
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
Composition NATIONAL LAND USE COMMITTEE NATIONAL LAND USE COMMITTEE NATIONAL LAND USE COMMISSION
Chairperson Secretary of Socio-Economic Planning Secretary of Socio-Economic Planning President of the Republic
Members Secretaries of Secretaries of Vice-Chairperons:.NEDA DG & DENR Secretary
• Environment & Natural Resources • Environment & Natural Resources Members:
• Agriculture • Agriculture • HUDCC, DA, DAR, DTI, DPWH, DOTC, DOT, DILG, DOJ,
• Agrarian Reform • Agrarian Reform DOST, DOF, DOE, NCIP,
• Interior & Local Government & • Interior & Local Government • Representatives from each the leagues of provinces, cities &
• HSUD • Trade & Industry Municipalities;
• Public Works & Highways • Representative from 4 basic sectors directly involved in land
• Transportation & Communications use, namely: urban poor, farmer, fisherfolks, Indigenous
• Tourism People
• Justice, Science & Technology • 2 Reps from private subdivisions & housing developers
• Energy • 2 Reps from professionals (e.g. EnPs, Archts, engineers,
urban-regional planners)
Chairpersons of HUDCC/HLURB
NCIP A consultative body shall likewise be convened by the NLUC at
least once a year or as often as may be necessary. It shall be
Two Private Sector Representatives composed of representatives from the Leagues of Municipalities,
Cities, and Provinces, other government agencies not
The NB-NLUC shall invite the respective Presidents of the represented in the NLUC, and from non-government sectors such
League of Provinces, Municipalities & Cities to its meetings. as the private sector, non-government organizations (NGOs) and
people's organizations (POs), and the 7 academic community.
FUNCTIONS OF a) Advise the President of the Philippines on all a. Advise the President on matters concerning land use and a) Advise the President of the Philippines and the NEDA Board
THE NLUC matters concerning land use and spatial planning; physical planning; on all matters concerning land use and physical planning;
b) Discuss and facilitate the resolution of all disputes b. Formulate a national physical framework plan and other b) Integrate and harmonize all laws, guidelines and policies
and controversies on land use policies among inter-sectoral policies and programs that guide the relevant to land use and physical planning to come up with a
agencies of the government; rational utilization and management of the country’s land rational, cohesive, and comprehensive national 14 land use
c) Formulate a national framework for physical and other physical resources, and the preparation of sub- framework;
planning, shepherd the preparation of sub-national national physical framework plans. The national physical c) Formulate policies and endorse land use and physical
spatial development and physical frameworks and framework plan shall integrate relevant sectoral as well as planning-related policies that may be formulated by the
come up with other inter-sectoral policies and regional socio-economic and physical framework plans Regional Land Use Policy Council (RLUPC), created under
programs that guide the rational use and and policies; Section 22 of this Act, and concerned agencies as well as
management of the country’s land and other c. Promote the integration of land use and physical planning promulgate 18 zoning and other land use control standards
physical resources; policies, plans and programs, including disaster risk

3
Amended by EO770-A (2009) with the following composition. Chairperson: Sec of SEP, members: Secretaries of Environment and Natural Resources; Agriculture; Agrarian Reform; Trade and Industry; Public Works and Highways;
Transportation and Communications; Tourism; Interior and Local Government; Justice; Science and Technology; and Energy. Chairpersons of the Housing and Urban Development Coordinating Council/Housing and Land Use Regulatory
Board; and the National Commission on Indigenous People. Presidents of the League of Provinces, Municipalities and Cities

4
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
d) Promote the integration of land use and spatial management, into national socio-economic plans and and guidelines which shall guide the 19 formulation ofland
planning policies, plans and programs, including programs; use plans and zoning ordinances by local governments;
disaster risk management and climate change d. Decide and resolve land use policy conflicts among d) Prepare, periodically review and if necessary, update the
adaptation, into national and sub-national socio- agencies of the national government; national framework for physical planning to provide the
economic plans and programs; e. Establish and maintain, in conjunction with the various general framework for the spatial development directions for
e) Coordinate the establishment of an up-to-date, appropriate government agencies, a database system the entire country and sub-national levels;
inter-operable and accessible national databases which would identify and classify the present and possible e) e) Review and endorse all land use and physical planning
on land use; uses of specific land areas, public and private, comprising related guidelines;
f) Assess periodically the impacts or effects of land the total land resources of the nation; and
use policies which have been adopted and f. Provide policy directions to the Regional Land Use
implemented; and Committees in the performance of their physical planning
g) Provide policy directions to the Regional Land Use functions.
Committees in the performance of their land use
policy coordination and spatial planning functions.
Technical The NEDA shall continue to provide core secretariat To provide Technical support to NB-NLUC NLC Technical Secretariat
Board/Support services to NLUC & RLUC Composition: Offices, Units & Support
offices, units & Chairperson: NEDA Deputy-General for Regional Devt
staff support to Members: Representatives of the member-agencies of the
NLUC & RLUC NB-NLUC

Composition of At the regional level, the RLUC under the Regional At the regional level, the RLUC, under the Regional Regional Land Use Policy Council (RLUPC)- replicating the NLUC
the RLUC Development Council (RDC) shall be reconstituted with Development Council, will be strengthened, with a replicated structure & composition
the following composition: NB-NLUC composition. The RLUC may call on any
Chairperson: Regional Director of the NEDA RO department, bureau, office, agency or instrumentality of the
Members: Regional Directors of government and/or private entities and organization for
DENR, DA, DAR, DILG, HSUD cooperation, support and assistance in the performance of its
functions.
The RLUC may also call upon any relevant
department, bureau, office, agency and instrumentality
of the government, private entity, and land use and
spatial planning experts for cooperation, support, and
assistance in the performance of its functions.
Functions of the a) Formulate and periodically update the regional a. Formulate and periodically update the Regional Physical a. Formulate and adopt regional policies on land use and
RLUC spatial development and physical framework Framework Plan (RPFP), taking into consideration physical planning;
taking into consideration national, interregional, national, interregional, regional and local plans and b. Prepare and periodically update a regional physical
regional and local plans and policies; policies; framework plan, taking into consideration national polices
b) Promote the integration of land use and spatial b. Promote the integration of land use and physical planning and lower level plans;
planning policies, plans and programs, including policies, plans and programs, including disaster risk c. Assist the provinces in preparing and periodically updating its
disaster risk reduction measures into the regional management into the regional socio-economic plans and physical framework plans to ensure consistency with the
socioeconomic plans and programs; programs; regional and national plans and policies and to facilitate its
integration to the regional plans;

5
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
c) Discuss and facilitate the resolution of region- c. Decide and resolve region-specific land use policy d. Review, prior to adoption by respective sanggunians, the
specific land use policy disputes and conflicts among government agencies; provincial physical framework plan and CLUPs of highly
controversies among government agencies, d. Review and recommend appropriate actions to the NB- urbanized and independent component cities to ensure
especially those arising from the implementation NLUC on land use policy conflicts between or among consistency with the regional physical framework plan and
of RPFPs; national government agencies; national policies set forth by LUPC <;lnd compliance with
d) Elevate to the NLUC, for discussion and e. Assess changes in land use and other physical resources limits prescribed under the 1991 LGC for reclassifying
settlement, the unresolved regionspecific land in the regional and the implementation of RPFP policies; agricultural lands;
use policy disputes and controversies among f. Evaluate consistency of major programs and projects with e. Decide and resolve policy conflicts on land use planning,
government agencies in the regions; the RPFP and their impact on land use and the classification, and allocation that may arise between or
e) Assess changes in land use and other physical environment; among regional line agencies, provinces and
resources in the regions in coordination with the g. Undertake the gathering, updating and maintenance of a cities/municipalities;
Local Land Use Committees; regional database system; and f. Monitor changes in land use and other physical resources in
f) Evaluate the consistency of major sub-national h. Perform other related functions as may be directed by the the region;
programs and projects with the RPFP and their NB-NLUC. g. Evaluate consistency of major programs and projects with the
impacts on land use and the environment; regional physical framework plans and their impact on land
g) Assess periodically the sub-national impacts or use and the environment;
effects of land use policies which have been h. Undertake the gathering of regional data for the Land
adopted and implemented; Resource Information and Management System; and
h) Undertake the gathering, updating and i. i. Perform other related functions as may be directed by the
maintenance of a regional land use database LUPC.
system; and
i) Perform other related functions as may be
directed by the NLUC.
EO 72
The RLUC shall review the CLUPs of Provinces, highly-
urbanized cities, and independent component cities. It shall
review such plans to ensure their consistency with the RPFP
and national policies set forth by the NLUC

The CLUPs of provinces, highly-urbanized cities and


independent & component cities shall be reviewed and
ratified by the HLRB to ensure compliance with national
standards and guidelines.

Said review shall be completed within 3 months upon receipt


thereof otherwise, the same shall be deemed consistent with
law, and therefore valid.
Local Land Use Provincial, City/Municipal LUCs The PLUC shall be composed of the PPDO as chairman, the The Provincial Development Council (PDC), created under
Committees Chairperson: Provincial, City or Mun. Planning & Devt provincial agriculturist, a representative of NGOs that are Section 106 of the LGC, shall act as the Provincial Land Use
(LUCs) Officer represented in the PDC, and reps of the following NGAs: Policy Council that will tackle land use concerns whenever
HLURB, DENR, DAR, DTI, DPWH, DoT and DILG. necessary. A duly authorized representative from the DENR, DAR
Members: Respective Provincial/City/Municipal: and the DA shall be included in the composition of the PLUPe.

6
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
a. Agriculturist,
b. Engineer, City/Municipal Land Use Policy Council (C/MLUPC). - The
c. Tourism Officer, City/Municipal 6 Development Council (C/MDC). created under
d. Assessor, Section 106 of the Local Government 7 Code, shall act as the
e. Disaster Risk Reduction and Management Officer City/Municipal Land Use Policy Council (C/MLUPC) that will
Economic and Investment Promotions Officer, tackle land use concerns whenever necessary. A duly authorized
and Agrarian Reform Program Officer, representative from the DAR, the DENR and the DA shall be
included in the composition of the C/MLUPC
PENRO (for PLUC)
CENRO/MENRO (C/MLUC)

Representative from the following Regional Offices:


DAR, DHSUD, DA, DILG

Functions of a) Advise the Provincial Development Council and a. To assist the SP in reviewing CLUPs of component Provincial Land Use Policy Council In addition to the functions
PLUC/ PLUPC the Sanggunian Panlalawigan on all matters Cities and municipalities enumerated in Section 109 of the LGC, the PLUPC shall:
pertaining to land use and spatial planning; b. Recommend solutions to settle disputes among a. Advise the Sangguniang Panlalawigan on all matters
b) Review proposed policies, rules, and programs component units over alternative sues of land resources pertaining to land use and physical planning;
related to land use, including land reclassification c. Promote the community-based program for sustainable b. Review and endorse to the Sangguniang Panlalawigan for
and land use conversion, and such other land development adoption, the provincial physical framework plans, prepared
use-related matters that may arise in the d. Ensure that such plans are supportive of the objectives and periodically updated by the Provincial Planning and
Province, and recommend actions to the set forth in the UDHA of 1992 Development Office and other land use and physical
Provincial Development Council and the planningrelated policies;
Sanggunian Panlalawigan; c. Assist the Sangguniang Panlalawigan in reviewing the
c) Formulate and periodically update the Provincial CLUPs of component cities/municipalities to ensure
Development and Physical Framework Plan consistency with the provincial physical framework plans and
(PDPFPs) ensuring the integration of the salient compliance with the limits prescribed under the 1991 LGC for
contents of the Comprehensive Land Use Plans reclassifying agricultural lands; and
(CLUPs) of cities and municipalities, including d. Decide and resolve policy conflicts on land use planning,
those of Independent and Highly Urbanized Cities classification, and, allocation that may arise between or
and Municipalities, and the consistency of the among cities/municipalities and any unresolved land use
CLUPs and Zoning Ordinances with the PDPFPs; conflicts at the city /municipal level.
d) Endorse the PDPFP to the Provincial e. The PLUPC may call upon any local official concerned such
Development Council for adoption, and as Provincial Planning and Development Coordinator,
subsequently to the Sanggunian Panlalawigan for Provincial Agriculturist, Provincial Environment and Natural
approval provided that the PDPFPs shall be Resources Officer, Provincial Engineer, Provincial Assessor,
reviewed and approved by the DHSUD through or any official of national agencies and other relevant
the Secretary; and agencies during discussions on land use and physical
e) Assist the Sangguniang Panlalawigan in planning concerns.
reviewing the CLUPs and Zoning Ordinances of
component cities and municipalities to ensure
consistency with the PDPFP

7
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)

The PDPFP shall have a timeframe of 12 years with a


mandatory mid-term review or updating
Function of the a. Advise the City/Municipal Development Council and a. Advise the Sangguniang Bayan or Sangguniang Panlungsod
City/Mun LUC the Sanggunian Panlungsod/ Pambayan on all on all matters pertaining to land use and physical planning;
matters pertaining to land use and spatial planning; b. Review and endorse to the Sangguniang Bayan or
b. Review proposed policies, rules, and programs Sangguniang Panlungsod for adoption, the CLUP prepared
related to land use, including land reclassification and periodically updated by the City/Municipal Planning and
and land use conversion, and such other land use- Development Office and other land use and physical
related matters that may arise in the planning-related policies;
City/Municipality, and recommend actions to the c. Decide and resolve policy conflicts on land use planning,
City/Municipal Development Council and the classification, and allocation that may arise between and
Sanggunian Panlungsod/Pambayan; and among barangays and any unresolved land use conflict at the
c. Formulate and periodically update the CLUPs and barangay level regarding the violation of zoning ordinances
endorse the same to the City/Municipal including opposition to applications for locational clearances,
Development Council for adoption, and permits or certificates; and
subsequently to the Sanggunian d. The C/MLUPC may call upon any local official concerned
Panlungsod/Pambayan for approval; such as C/MPDC.
b. City/Municipal Agriculturist, City/Municipal Environment and
The CLUPs shall have a time-frame of 12 years with a Natural Resources Officer, City/Municipal Engineer,
mandatory mid-term review and updating. City/Municipal Assessor, or any official of national agencies
during discussions on land use and physical planning
concerns.
Adoption, PLUC to Endorse the PDPFP to the The RLUC shall review the CLUPs of provinces, highly- Provinces and Independent and Highly Urbanized Cities. -
Approval & Provincial Development Council for adoption, urbanized cities, and independent component cities. It shall Provinces and independent and highly urbanized cities shall have
Review of LUPs review such plans to ensure their consistency with the RPFP the power and authority to adopt and approve their respective
and subsequently to the Sanggunian and national policies set forth by the NLUC CLUPs, ZOs or provincial physical framework plan, as the case
Panlalawigan for approval provided that the may be, through their respective sanggunian but subject to the
PDPFPs shall be reviewed and approved by The CLUPs of provinces, highly-urbanized cities, and review of the RLUPC as provided in Section 22 of this Act
the DHSUD through the Secretary; independent component cities shall reviewed and ratified by
the HLURB to ensure compliance with national standards
and guidelines.

City/Mun LUC to Formulate and periodically Pursuant to Sec 468 of the LGC, the powers of the HLRB to Component Cities and Municipalities. - Component cities and
update the CLUPs and endorse the same to review and approve the CLUPs of component cities and municipalities shall have the power and authority to adopt and
municipalities are devolved to the province. Such powers approve their respective CLUPs and ZOs through their respective
the City/Municipal Development Council for shall be exercised by the Sangguniang Panlalawigan, subject Sanggunians subject to the power of review of their respective
adoption, and subsequently to the to national standards & guidelines. provinces only with respect to the consistency of the CLUPs and
Sanggunian Panlungsod/Pambayan for ZOs with Section 8 hereof on the preparation of the provincial
approval; physical framework plan

8
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
The PLUC, through the chairman, shall submit its findings &
PLUC assist the Sangguniang Panlalawigan in recommendations to the Sangguniang Panlalawigan, which
reviewing the CLUPs and Zoning Ordinances of shall be considered by the said Sanguniang in making its
component cities and municipalities to ensure decision
consistency with the PDPFP
.
Sec. 9 Enhancing the functions of the DHSUD on land :
use planning.
-formulate/prescribed land use planning standards &
guidelines
-review & ratification of PDPFPs, highly urbanized
cities, independent & component Cities
Sec. 10 Streamlining the process of Applications for Chapter VI-Special Areas of Concerns:
Land Use Conversion Art. 1 Agricultural Lands
Sec. 11. Continuous updating of consolidated data on Art 2. Forest lands & watershed Management
all irrigated and irrigable lands Art. 3 Coastal Zone
Sec. 12. Delineation & Updating of SAFDZ Art. 4 Mineral Lands
Sec. 13. Forest Land Boundary Delineation Art 5 Energy Resource Lands
Sec. 14 Management of Coastal Resources Chapter VII-Settlements Development
Sec. 15 Delineation & Mapping of Hazard-Prone & Chapter VIII Industrial Development Areas
Vulnerable areas Chapter IX Tourism Development & Heritage Areas
Sec. 16. Delineation & Recognition of Ancestral Chapter X Infrastructure Development
Domains Chapter XI Training, Education, and Value Formation
Sec. 17 National Base Mapping Program
Sec. 18 Land Consolidation for Agro-Industrial Devt
Sec. 19 Sanctions and Penalties on the Failure to Chapter XII Incentives, Sanctions & Penalties
formulate, enforce and/or implement the CLUPs
“Failure to formulate, review, enforce and/or ARTICLE 1 Incentives & Awards
implement the CLUPs shall be subject to the SEC. 55. Formulation of a System of Incentives and Awards. -
penalties and sanctions to be imposed by the The NLUC shall come out with a system of incentives and awards
DHSUD pursuant to RA 11201 and its to LGUs that regularly update their CLUPs within the prescribed
Implementing Rules and Regulations and/or shall period, as follows: (a) Provinces, Highly Urbanized Cities, and
be subject to an appropriate administrative case Independent Component Cities - once every nine years; and (b)
to be filed by the DILG pursuant to Section 60 of Component cities and municipalities once every nine (9) years.
RA 7160. Consistent with due process, the
SEC. 56. Priority in Giving Technical Assistance to LGUs. - In
DHSUD and the DILG shall evaluate and file
providing technical assistance and other forms of support related
appropriate charges against local chief to land use management and the implementation of development
executives and other local officials and plans, the national government agencies shall give priority to
employees responsible for any act or omission cities and municipalities with approved CLUPs
violative or not complying with the land use
planning and zoning regulations, despite the

9
Proposed EO xxx (2021) EO 7703 (2008)/EO 72 (1993) NLUA (SB 3091)
availability of funds, resources, and support by ARTICLE 2
the Sanggunian concerned Sanctions and Penalties
SEC 61.Failure to Formulate, Enforce, and/or Implement the
CLUPs. - Consistent with due process, the DILG shall investigate,
review, and impose appropriate action regarding local chief
executives and other local officials and employees responsible for
the formulation, enforcement, and/or implementation of the
CLUPs in case of any of the following:
a. Failure to implement and enforce the CLUP due to
negligence of duty;
b. Failure to provide appropriate budgetary allocation to effect
its implementation; and,
c. Failure to complete the preparation of the CLUP despite the
availability of funds, resources, and support by the
sanggunian concerned.

Any public official or employee, regardless of whether elected or


appointed or holding office or employment in a casual, temporary,
holdover, permanent, or regular capacity, found to be responsible
for any of the foregoing acts, after due notice and hearing by the
appropriate body or agency, shall be punished with forfeiture of
salaries and allowances and suspension from:
1. Six (6) to nine (9) months, in case of non-implementation of
CLUP; or
2. Three (3) to six (6) months, in case of non-completion of the
CLUP.

10

You might also like