Lawyerly

[ HLURB MEMORANDUM CIRCULAR NO. 10, S. 1999, March 15, 1999 ]

(1) RESOLUTION NO. R-629, SERIES OF 1998, AMENDING SECTIONS I.A, II.D, III.B, III.E.1, III.G.2.2 OF VOLUME V - LAND USE, GUIDELINES FOR THE FORMULATION/REVISION OF COMPREHENSIVE LAND USE PLANS, TO INCORPORATE RELATED PROVISIONS OF RA 8435, OTHERWISE KNOWN AS THE AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997, AND (2) RESOLUTION NO. R-630, SERIES OF 1998, AMENDING SECTIONS II.A.1, A.3.1.E AND F; III FIGURE 1 AND ANNEX A OF VOLUME III - ECONOMIC SECTOR (SUBSECTOR ON AGRICULTURE), GUIDELINES FOR THE FORMULATION/REVISION OF COMPREHENSIVE LAND USE PLANS, TO INCORPORATE RELATED PROVISIONS OF RA 8435, OTHERWISE KNOWN AS THE AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997

We furnish you herewith a copy of the above resolutions approved by the Board of Commissioners in its 268th Regular Meeting on 09 December 1998, both amending certain provisions of the Guidelines for the Formulation/Revision of Comprehensive Land Use Plans, pursuant to the mandate of Republic Act No. 8435, the Agriculture and Fisheries Modernization Act, for the Board to issue guidelines providing for the incorporation by local government units of Strategic Agriculture and Fisheries Development Zones (SAFDZs) in the preparation and updating of comprehensive development plans.

The Regional Field Offices, Field Operations Support Group and Executive Services Group are hereby enjoined to ensure the dissemination of the above guidelines to the local government units concerned.

For your guidance, information and compliance.

Adopted: 15 March 1999

(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer

Attachments:

(1) Board Resolution No. R-629, Series Of 1998

Amending Sections I.A, Ii.D, Iii.B, Iii.E.1, Iii.G.2.2 Of Volume V - Land Use, Guidelines For The Formulation Of Comprehensive Land Use Plan, To Incorporate Related Provisions Of Ra 8435, Otherwise Known As The Agriculture And Fisheries Modernization Act Of 1997
WHEREAS, Volume V of the Guidelines for the Formulation/Revision of Comprehensive Land Use Plan does not incorporate the relevant provisions of land use planning of RA 8435;

WHEREAS, RA 8435 mandates HLURB, in coordination with the Department of Agriculture through the Bureau of Soils and Water Management (BSWM) to undertake the mapping of the Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) for all cities and municipalities at an appropriate scale;

WHEREAS, RA 8435 further mandates HLURB to issue guidelines to LGUs regarding the incorporation of the Strategic Agriculture and Fisheries Development Zones (SAFDZ) in the enactment and updating of LGU land use plans and ordinances;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, that the pertinent portions of the guidelines be amended as follows:

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OTHER LEGAL BASES FOR LAND USE PLANNING

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REPUBLIC ACT NO. 8435, OTHERWISE KNOWN AS THE AGRICULTURE AND FISHERIES ACT OF 1997

...THE GOALS OF THE NATIONAL ECONOMY ARE A MORE EQUITABLE DISTRIBUTION OF OPPORTUNITIES, INCOME AND WEALTH; A SUSTAINED INCREASE IN THE AMOUNT OF GOODS AND SERVICES PRODUCED BY THE NATION FOR THE BENEFIT OF THE PEOPLE; AND AN EXPANDING PRODUCTIVITY AS THE KEY TO RAISING THE QUALITY OF LIFE FOR ALL, ESPECIALLY THE UNDERPRIVILEGED

THE STATE SHALL PROMOTE INDUSTRIALIZATION AND FULL EMPLOYMENT BASED ON SOUND AGRICULTURAL DEVELOPMENT AND AGRARIAN REFORM, THROUGH INDUSTRIES THAT MAKE FULL AND EFFICIENT USE OF HUMAN AND NATURAL RESOURCES, AND WHICH ARE COMPETITIVE IN BOTH DOMESTIC AND FOREIGN MARKETS...

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Table 3
Land Use Accounting
Municipality of ______________
199___

Area - Has. Percentage (%)
I. Total Area of City/Municipality

Subtract (-)

Protection Areas

a. NIPAS

b. Non-NIPAS
Other Reservations

a. Military and Civil Reservations

b. Mineral/Geothermal Reserves

c. Water Courses & Surface Water
Environmentally Critical Areas

a. Water Related Hazards

b. Volcanic Related Hazards

c. Erosion Hazards
Protected Production Hazards

a. Highly-Restricted Agricultural

Lands - NPAAAD

Gross Potential Supply for

Urban Lands

Subtract (-)

II. Existing Built-Up

III. Production Forests

IV. Others

NET BUILDABLE AREA
(TOTAL LAND SUPPLY FOR URBAN USE)

III.B. Determination of Land Supply for Urban Expansion

Land Use is the land area available within the city/municipality for urban expansion. Basically, this is what is left after deducting the areas considered for protection/preservation and conservation such as the Network of Protected AREAS FOR Agricultural AND AGRO-INDUSTRIAL DEVELOPMENT (NPAAAD), National Integrated Protected Areas Systems (NIPAS), existing built-up areas, etc.

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b.2 NPAAAD

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E.1.1 Agricultural

If the chosen development option is to remain an agricultural area and to maintain its agriculture character as a result of the SWOT analysis conducted in the agriculture sector, then the prime agricultural lands or areas covered by the Network of Protected AREAS FOR Agricultural AND AGRO-INDUSTRIAL DEVELOPMENT (NPAAAD) shall be maintained and preserved...

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G.2.2 SOIL SUITABILITY

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THE DEPARTMENT OF AGRICULTURE ADMINISTRATIVE ORDER NUMBER 6 SERIES OF 1998 PROVIDES THE IMPLEMENTING RULES AND REGULATIONS OF RA 8435, AN ACT PRESCRIBING URGENT RELATED MEASURES TO MODERNIZE THE AGRICULTURE AND FISHERIES SECTORS OF THE COUNTRY IN ORDER TO ENHANCE THEIR PROFITABILITY AND PREPARE SAID SECTORS FOR THE CHALLENGES OF GLOBALIZATION THROUGH AN ADEQUATE, FOCUSED AND RATIONAL DELIVERY OF NECESSARY SUPPORT SERVICES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES , OTHERWISE KNOWN AS AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997", PROVIDES THAT THE BUREAU OF SOILS AND WATER MANAGEMENT (BSWM), IN COORDINATION WITH THE NAMRIA, SHALL UNDERTAKE THE MAPPING OF THE NPAAAD AND SAFDZ. THESE MAPS SHALL ALSO BE DIGITIZED AND INCORPORATED INTO THE NATIONAL INFORMATION NETWORK (NIN) MANDATED UNDER SECTION 41. THE BSWM SHALL PUBLISH AND MAKE THE MAPS AVAILABLE TO THE PUBLIC ON OR BEFORE 30 DECEMBER 1998.

The Network of Protected AREAS FOR Agricultural AND AGRO-INDUSTRIAL DEVELOPMENT (NPAAAD) INCLUDES ALL AREAS COVERED UNDER THE NETWORK OF PROTECTED AREAS FOR AGRICULTURAL AND AGRO-INDUSTRIAL DEVELOPMENT AS DEFINED IN RA 8435.

THE NPAAAD ENSURES THE SUSTAINED PRODUCTION OF THE COUNTRY S BASIC AGRICULTURAL AND FISHERIES COMMODITIES THROUGH THE STEWARDSHIP AND UTILIZATION OF THE MOST PRODUCTIVE AGRICULTURAL AND FISHERY LAND AND RESOURCES FOR OPTIMAL PRODUCTION, PROCESSING AND MARKETING. THE NPAAAD INCLUDES:

2.1 ALL IRRIGATED AREAS;

2.2 ALL IRRIGABLE LANDS ALREADY COVERED BY IRRIGATION PROJECTS WITH FIRM FUNDING COMMITMENTS;

2.3 ALL ALLUVIAL PLAINS HIGHLY SUITABLE FOR AGRICULTURE, WHETHER IRRIGATED OR NOT;

2.4 AGRO-INDUSTRIAL CROPLANDS OR LAND PRESENTLY PLANTED TO INDUSTRIAL CROPS THAT SUPPORT THE VIABILITY OF EXISTING AGRICULTURAL INFRASTRUCTURE AND AGRO-BASED ENTERPRISES;

2.5 HIGHLAND OR AREAS LOCATED AT AN ELEVATION OF FIVE HUNDRED (500) METERS OR ABOVE AND HAVE THE POTENTIAL FOR GROWING SEMI-TEMPERATE AND HIGH-VALUE CROPS;

2.6 ALL AGRICULTURAL LANDS THAT ARE ECOLOGICALLY FRAGILE, THE CONVERSION OF WHICH WILL RESULT IN SERIOUS ENVIRONMENTAL DEGRADATION AND MANGROVE AREAS AND FISH SANCTUARIES, AND

2.7 ALL FISHERY AREAS AS DEFINED PURSUANT TO THE FISHERIES CODE OF 1998.

CONVERSION OF THE ABOVECITED AREAS SHALL BE IN ACCORDANCE WITH RA 8435 AND ITS IMPLEMENTING RULES AND REGULATIONS AND ALL EXISTING LAWS, RULES, REGULATIONS, EXECUTIVE AND ADMINISTRATIVE ORDERS AND OTHER ISSUANCES GOVERNING LAND USE CONVERSION.

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Approved.

Adopted: 09 Dec. 1998

(SGD.) KARINA CONSTANTINO-DAVID
Chair, HUDCC
Ex-Officio Chair

(SGD.) ISAGANI B. VALDELLON
Deputy Director-General, NEDA
Ex-Officio Commissioner

(SGD.) REGIS V. PUNO
Undersecretary, DOJ
Ex-Officio Commissioner

(SGD.) JESUS I. INGENIERO
Assistant Secretary, DILG
Ex-Officio Commissioner

(SGD.) JOEL L. ALTEA
Assistant Secretary, DPWH
Ex-Officio Commissioner

(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer

(SGD.) TERESITA A. DESIERTO
Commissioner

(SGD.) FRANCISCO L. DAGNALAN
Commissioner

Attested:

(SGD.) CHARITO M. BUNAGAN
Board Secretary

(2) Board Resolution No. R-630, Series Of 1998

Amending Sections Ii.A.1, A.3.1.E And F; Iii Figure 1 And Annex A Of Volume Iii - Economic Sector (Subsector On Agriculture), Guidelines For The Formulation Of Comprehensive Land Use Plans, To Incorporate Related Provisions Of Ra 8435, Otherwise Known As The Agriculture And Fisheries Modernization Act Of 1997
WHEREAS, Section 6 of R.A. 8435, or otherwise known as the Agriculture and Fisheries Modernization Act of 1997, explicitly states that Strategic Agriculture and Fisheries Modernization Zones (SAFDZs) shall be identified within the Network of Protected Areas for Agricultural and Agro-Industrial Development to ensure that lands are efficiently and sustainably utilized for food and non-food production and agro-industrialization;

WHEREAS, Section 8 of R.A. 8435 mandates HLURB, in coordination with the Department of Agriculture (DA) through the Bureau of Soils and Water Management (BSWM), to undertake the mapping of the NPAAADs for all cities and municipalities at an appropriate scale;

WHEREAS, Section 10 of R.A. 8435 further states that within one (1) year from the finalization of the SAFDZ, every city and municipality shall have prepared their respective land use plan and zoning ordinance incorporating the SAFDZ, where applicable. Thereafter, all land use and zoning ordinance shall be updated every four (4) years as may be deemed necessary upon the recommendation of the Board;

WHEREAS, there is a need to make the same consistent with R.A. 8435 and its Implementing Rules and Regulations;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, that the pertinent portions of the guidelines be amended as follows:

x x x II. A.1 Data Requirements

Data Requirements Sources

e. NETWORK OF PROTECTED DA-BSWM AREAS FOR AGRICULTURAL AND AGRO-INDUSTRIAL DEVELOPMENT (NPAAAD)

A.3.e NETWORK OF PROTECTED AREAS FOR AGRICULTURAL AND AGRO-INDUSTRIAL DEVELOPMENT (NPAAADs) AND STRATEGIC AGRICULTURE AND FISHERIES DEVELOPMENT ZONES (SAFDZs)

THE DEPARTMENT OF AGRICULTURE (DA) IN CONSULTATION WITH THE LOCAL GOVERNMENT UNITS (LGUs), CONCERNED NGOs, AND ORGANIZED FARMERS AND FISHERFOLK GROUPS, IDENTIFY THE STRATEGIC AGRICULTURE AND FISHERIES DEVELOPMENT ZONES x x x.

LIKEWISE, THE DEPARTMENT OF AGRICULTURE THROUGH THE BUREAU OF SOILS AND WATER MANAGEMENT (BSWM) AND IN COORDINATION WITH THE NAMRIA IDENTIFIES THE PRIME AGRICULTURAL areas reserved for agricultural activities IN ORDER TO ENSURE THE EFFICIENT UTILIZATION OF LAND FOR AGRICULTURE AND AGRO-INDUSTRIAL DEVELOPMENT AND PROMOTE SUSTAINABLE GROWTH. THE PRIME AGRICULTURAL AREAS ARE IDENTIFIED IN THE NPAAAD.

THE NPAAAD SHALL COVER THE FOLLOWING:

a) ALL IRRIGATED AREAS;

b) ALL IRRIGABLE LANDS ALREADY COVERED BY IRRIGATION PROJECTS WITH FIRM FUNDING COMMITMENTS;

c) ALL ALLUVIAL PLAIN LANDS HIGHLY SUITABLE FOR AGRICULTURE WHETHER IRRIGATED OR NOT;

d) AGRO-INDUSTRIAL CROPLANDS OR LANDS PRESENTLY PLANTED TO INDUSTRIAL CROPS THAT SUPPORT THE VIABILITY OF EXISTING AGRICULTURAL INFRASTRUCTURE AND AGRO-BASED ENTERPRISES;

e) HIGHLANDS OR AREAS LOCATED AT AN ELEVATION OF FIVE HUNDRED (500) METERS OR ABOVE AND HAVE THE POTENTIAL FOR GROWING SEMI-TEMPERATE AND HIGH VALUE CROPS;

f) ALL AGRICULTURAL LANDS THAT ARE ECOLOGICALLY FRAGILE, THE CONVERSION OF WHICH WILL RESULT INTO SERIOUS ENVIRONMENTAL DEGRADATION;

g) ALL FISHERY AREAS AS DEFINED IN THE FISHERIES CODE OF 1998.

WITHIN THE NPAAAD, THE SAFDZ SHALL BE IDENTIFIED. THE DA-BSWM IS MANDATED TO UNDERTAKE AND COORDINATE THE MAPPING ACTIVITIES FOR THE SAFDZ BASED ON SOUND RESOURCE ACCOUNTING. THE SAFDZ DEFINES THE GEOGRAPHIC AREAS WHICH CAN SERVE AS BASIS FOR THE CONSOLIDATION OF THE RESOURCE ENDOWMENTS FOR A MODERN, COMPETITIVE AGRICULTURE AND FISHERY DEVELOPMENT. LIKEWISE, IT DEFINES APPROPRIATE FARMING PRACTICES THAT WILL SUSTAIN HIGH AGRICULTURE AND FISHERY PRODUCTION PERFORMANCE.

THE MAPS OF THE DA-BSWM ON THE NPAAAD AND SAFDZ AND THE LAND USE AND ZONING ORDINANCE APPROVED BY THE HLURB SHALL BE THE BASES FOR EVALUATING AGRICULTURAL LANDS PROPOSED FOR CONVERSION. AND THESE AREAS AND ALL OTHER AGRO-INDUSTRIAL DEVELOPMENT AREAS SHALL BE DIGITIZED AND MAPPING SHALL BE UNDERTAKEN BY DA-BSWM IN COORDINATION WITH THE NAMRIA AND HLURB.

Confer with the DA-BSWM on actual location of NPAAAD in the locality and determine the area covered and delineate these NPAAAD areas on the map. (Refer to Figure 1)

III. Figure 1

NETWORK OF PROTECTED AREAS FOR AGRICULTURAL AND AGRO-INDUSTRIAL DEVELOPMENT

Annex A Definition of Terms
AGRICULTURAL LANDS - REFERS TO LANDS DEVOTED TO OR SUITABLE FOR THE CULTIVATION OF THE SOILS, PLANTING OF CROPS, GROWING OF TREES, RAISING OF LIVESTOCK, POULTRY, FISH OR AQUACULTURE PRODUCTION, INCLUDING THE HARVESTING OF SUCH FARM PRODUCTS, AND OTHER FARM ACTIVITIES AND PRACTICES PERFORMED IN CONJUNCTION WITH SUCH FARMING OPERATIONS BY PERSONS WHETHER NATURAL OR JURIDICAL AND NOT CLASSIFIED BY LAW AS MINERAL LAND, FOREST LAND, RESIDENTIAL LAND, COMMERCIAL LAND OR INDUSTRIAL LAND. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

AGRICULTURE AND FISHERIES MODERNIZATION - IS THE PROCESS OF TRANSFORMING THE AGRICULTURE AND FISHERIES SECTORS INTO ONE THAT IS DYNAMIC, TECHNOLOGICALLY ADVANCED AND COMPETITIVE YET CENTERED ON HUMAN DEVELOPMENT. GUIDED BY THE SOUND PRACTICES OF SUSTAINABILITY AND THE PRINCIPLES OF SOCIAL JUSTICE. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

FARMER S AND FISHERFOLK S ORGANIZATIONS OR ASSOCIATIONS - REFERS TO FARMER S AND FISHERFOLKS COOPERATIVES, ASSOCIATIONS OR CORPORATIONS DULY REGISTERED WITH APPROPRIATE GOVERNMENT AGENCIES AND WHICH ARE COMPOSED PRIMARILY OF SMALL AGRICULTURAL PRODUCERS, FARMERS, FARM WORKERS, AGRARIAN REFORM BENEFICIARIES, FISHERFOLK WHO VOLUNTARILY JOIN TOGETHER TO FORM BUSINESS ENTERPRISES OR NON-BUSINESS ORGANIZATIONS WHICH THEY THEMSELVES OWN CONTROL AND PATRONIZE. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

FARM-TO-MARKET ROADS - REFERS TO ROADS LINKING THE AGRICULTURE AND FISHERIES PRODUCTION SITES, COASTAL LANDING POINTS AND POST-HARVEST FACILITIES TO THE MARKET AND ARTERIAL ROADS AND HIGHWAYS. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

FOOD SECURITY - REFERS TO THE POLICY OBJECTIVE, PLANS AND STRATEGY OF MEETING THE FOOD REQUIREMENTS OF THE PRESENT AND FUTURE GENERATIONS OF FILIPINOS IN SUBSTANTIAL QUANTITY, ENSURING THE AVAILABILITY AND AFFORDABILITY OF FOOD TO ALL, EITHER THROUGH LOCAL PRODUCTION OR IMPORTATION, OR BOTH, BASED ON THE COUNTRY S EXISTING AND POTENTIAL RESOURCE ENDOWMENT AND RELATED PRODUCTION ADVANTAGES AND CONSISTENT WITH THE OVERALL NATIONAL DEVELOPMENT OBJECTIVES AND POLICIES. HOWEVER, SUFFICIENCY IN RICE AND WHITE CORN SHOULD BE PURSUED. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

IRRIGABLE LANDS - REFERS TO LANDS WHICH DISPLAY MARKET MARKED CHARACTERISTICS JUSTIFYING THE OPERATION OF AN IRRIGATION SYSTEM. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

IRRIGATED LANDS - REFERS TO LANDS SERVICED BY NATURAL IRRIGATION OR IRRIGATION FACILITIES. THESE INCLUDE LANDS WHERE WATER IS NOT READILY AVAILABLE AS EXISTING IRRIGATION FACILITIES NEED REHABILITATION OR UPGRADING OR WHERE IRRIGATION WATER IS NOT AVAILABLE YEAR-ROUND. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

STRATEGIC AGRICULTURE AND FISHERIES DEVELOPMENT ZONES (SAFDZs) - REFERS TO THE AREAS WITHIN NPAAAD IDENTIFIED FOR PRODUCTION, AGRO-PROCESSING AND MARKETING ACTIVITIES TO HELP DEVELOP AND MODERNIZE, WITH THE SUPPORT OF GOVERNMENT, THE AGRICULTURE AND FISHERIES SECTORS IN AN ENVIRONMENTALLY AND SOCIO-CULTURALLY SOUND MANNER. (SOURCE: R.A. 8435 OR AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997)

Approved.