1. GENERAL ASSUMPTION/PRINCIPLES UNDERLYING THE PLAN

Letter of Instructions No. 1350 mandates the formulation of a Physical Framework Plan, a document that shall guide the most possible utilization of the physical resources of an area.
    
2. NATIONAL LAND USE POLICY

The National Land Use (NLUP) adheres to the basic tenet of sustainable development to meet the needs and aspirations of the present generation without compromising the capabilities and opportunities of the future generation.
    
        NLUP adopts and promotes a land use pattern that:

2.1    Meets food self-sufficiency and food security in the long run, consistent with the principle of sound agricultural development and agrarian reform.
2.2     Promote rational population distribution and settlements development;
2.3    Ensures orderly economic growth, and balanced and dispersed agricultural and ecotourism development;
2.4    Encourages the sustainable use of natural resources;
2.5    Maintains and preserves environmental stability and integrity;
2.6    Reduces vulnerability to natural and man-made disasters; and,
2.7    Harmonizes the rights and the varied interest of every Filipino within the framework of people empowerment.

3.    LAWS, DECREES, LOIS, ORDERS RELATIVE TO LAND UTILIZATION

The   use, classification, sub-classification, conversion, disposition, utilization and development of lands are covered by laws, decrees, letter of instruction, or orders.
        

3.1    Presidential Decree No. 705

P.D. No. 705, otherwise known as the Revised Forestry Code of the Philippines, as amended, provides for a comprehensive system of classifying and allocating forest lands into various uses. It also prescribes the policies of the State as regards to multiple use of forest lands, their protection, development and rehabilitation with the aim of ensuring their continuity in productive condition.

However, one controversial issue that has been raised against the criteria of classifying lands in either forestlands or A and D lands is the 18 percent criterion under section 15 of the Decree. This section specifically provides, among others, that no land of the public domain 18 percent slope criterion has significantly checked the conversion of forestlands in A and D lands. Thus, many people affected by this criterion are against it. However, this 18 percent slope limit has been set with scientific basis.
        
3.2    Letter Instruction No. 1260

This LOI become the basis for the implementation of the Integrated Social Forestry (ISF) Program. The ISF program has provided the upland farmers with security of tenure over the forest areas they are cultivating and government assistance for the development of these areas.

The ISF program has also been adopted as one of the components of Program D of the comprehensive Agrarian Reform Program launched by the present government.

However, the Certificate of Stewardship Contracts being granted under this program is now being criticized as not appropriate tenurial arrangement for forest occupants.
        
3.3    Letter of Instruction No. 1262

    LOI No.1262 provides a rational and specific means of allocating the country’s forestlands into specific uses such as protection forest, production forest, parks, grazing, agro-forest and other uses taking into account their biophysical characteristics as well as social and economic considerations obtained in these areas. To implement this instruction, the DENR with the assistance of the Food and Agriculture Organizations of the United Nations developed a comprehensive system and guidelines in sub-classifying forest lands into various uses. The activity is now being carried out by the various regional offices (forestry sector) of the DENR.

3.4    Letter of Instruction No. 1258

    LOI No. 1258 for a rational evaluation and re-examination of all government reservations such as military and naval reservations, and national parks as basis for the benefit of the most number of people. One reason for this is that many of these reservations are not properly utilized for the purpose they have been set aside. Another is the encroachment of the people in these areas especially in national parks where any form of forest utilization is not allowed. With a fast expanding population, and taking into account the socio-economic programs being undertaken by the government, a reallocation of the limited land resources becomes necessary.

3.5    Controversial Decrees and Other Issuance

    There are controversial decrees, LOIs, and proclamations issued by the past regime, although appropriate remedies have already been instituted.

    Presidential Decree No. 410 issued in 1974 declared all lands occupied by the national cultural minorities as alienable or disposable, thus making them available for disposition and absolute ownership in accordance with the Public Land Act.

    Two other decree (No. 2151 and 2152) both dated December 29, 1981, which were issued with the noble intention of conserving mangrove areas, suffered similar infirmities as Proclamation No. 2282 due to lack of adequate information which could have been derived from thorough evaluation of the land in question, it appeared later that considerable portions of the proclaimed areas are not mangrove forest but coconut plantations and other tree vegetation along the shoreline. They also overlap with existing fishponds covered by the Bureau of fisheries and Aquatic Resources.

3.6    CARP Lands
        
    Section 10 of R.A. No. 6657 classified the lands exempted and excluded from the CARP coverage.

    Land directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watershed and mangrove, national defense, school sites and campuses including experimental farm stations operated by public or private schools foe educational purposes, production centers, church sites and contents appurtenant thereto, communal  burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with 18 percent slope and over, except those developed, shall be exempted from CARP coverage.

    Administrative Order No. 1 (series of 1990) treats the revised rules and regulations governing conversion of private agricultural land to non-agricultural uses. This is specifically mentioned in the principles and policies under section 2 of R.A. No. 6657 and order No. 229 (series of 1987).

3.7    Section 20 of Republic Act 7160

    Section 20 of Republic Act 7160 empowers the Local Government units to reclassify agri-land in case a.) where the land ceases to be economically feasible; and b.) where the reclassification for residential, commercial on industrial use have substantially greater value. This also provides that expansion areas for food production, settlements and industries be considered for future use.
    
3.8    Memorandum Circular No. 54
        
    Memorandum Circular # 54 provides the guidelines authorizing cities and municipalities to reclassify agricultural lands into non-agricultural uses. The reclassification if limited to a maximum percentage of the total agri-land as follows: a.) 15 percent- for highly urbanized and independent component cities; b.) 10 percent- for component cities and 1st to 3rd class municipalities; and c.) 5 percent – for 4th class to 6th class municipalities.

3.9  Department of Agrarian Reform Administrative Order #2       

        DAR Administrative Order # 2, series of 1990 provides the rules and procedures governing the processing and approval for land conversion.
    
3.10 Administrative Order # 20

    Administrative Order # 20 provides the guidelines on agri-lands which are non-negotiable for conversion such as: a.) all irrigated lands where water is available; b.) irrigated lands where irrigation facilities are being programmed for rehabilitation; and, c.) irrigable lands with firm funding commitments for irrigation projects.

    This provides the guidelines also for the Net Protected Agricultural Area (NPAA).
    
3.11 Department of Justice Opinion # 44

    Department of Justice Opinion # 44 states that LGUs with plans approved by HLRB prior to June 15, 1988 are exempted from securing conversion clearance from DAR.
    
3.12 Republic Act 6657

    R.A. 6657 otherwise known as the Comprehensive Agrarian Reform Law implements the policy of the state to promote comprehensive rural development and agrarian reform.

3.13    Execution Order 124

    R.A. 7279 otherwise known as the Urban Development and Housing Act of 1992 mandates LGUs to conduct inventory and identify suitable land for socialized housing.

3.14    Executive Order 124

    Executive Order 124 provides for establishing priority development areas for land use conversion a.) Regional Agri-Industrial Centers (RAIC) as identified by DTI; and, b.) Tourism Development Areas. This is also covered under the Joint NEDA and DAR Memo Circular #1, series of 1993 which provides the implementing guidelines for establishing priorities and procedures an evaluating areas proposed for conversion as in RAIC and TDA.
 
3.15    Republic Act 7586

        R.A. 7586 otherwise known as the NIPAS Law mandates the protection of the following: a.) strict nature reserve; b.) national parks; c.0 natural monument; d.) wildlife sanctuary; e.) protected landscapes and seascapes; f.) resource reserve; g.) natural biotic areas; b.) other categories established by law, conventions or international agreements of which the Philippines is a signatory.

    This law is also covered by DENR Administrative Order #24, series of 1990.

4.    Central Luzon Development Plan

    The Central Luzon Development Plan is the region’s master plan defining the objectives, strategies and the indicative uses of land and other physical resources within the region.

    The plan’s socio-economic framework for Central Luzon regional development is to transform regional economic structure and to expand the economy by four times by the year 2010. The spatial development framework consist of rationalization of land use, streamlining of urban hierarchy with functional division among larger urban centers and the national Triad Growth Centers, and strengthening of artery network.

    The CLDP’s specific plan for the province of Bataan is to develop further the existing Bataan Economic Zone, (BEZ) to strengthen links between BEZ and SBNA and induced more balanced socio-economic development to the Bataan peninsula. Development of roads and other infrastructure are also one of its priority programs to sustain industrial growth.

5.    REGIONAL PHYSICAL FRAMEWORK PLAN

    The Regional Physical Framework Plan, aside from the Central Luzon Development Plan is a document embodying a set of policies and a graphic translation of the desired spatial arrangement of land-using activities in the region in order to: (a) effect a rational distribution of the regional population; (b) facilitate access by the regional population to basic services; (c) guide public and private investments to ensure optimum and sustained use of natural and man-made resources; and (d) safeguard and protect the integrity of the physical environment.






Source: PPDO