EXECUTIVE ORDER NO. 770, December 01, 2008

AMENDING LETTER OF INSTRUCTION (LOI) 1350 OTHERWISE KNOWN AS “PROVIDING THE INSTITUTIONAL FRAMEWORK FOR NATIONAL PHYSICAL PLANNING”

Executive Orders December 1, 2008
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WHEREAS, LOI 1350
institutionalized land use and physical planning in the country and
created the National Land Use Committee (NLUC) on 02 August
1983;

WHEREAS, there is a need to
amend LOI 1350 to strengthen the NLUC by elevating it into a National
Economic and Development Authority (NEDA) Board
Committee;

WHEREAS, the NLUC, as
a NEDA Board Committee, can advise the President and the NEDA Board on
all matters concerning land use and physical planning; and decide and
resolve land use policy conflicts between or among national government
agencies;

WHEREAS, there is a
need to provide for rational utilization and management of the
country’s land and other physical resources to ensure their optimum use
consistent with the principles of sustainable
development;

WHEREAS, the
existing national laws on land uses, such as agrarian reform, protected
areas, ancestral domain, fisheries, forestry, agricultural
modernization, mining and housing, are sector specific and do not
address cross-cutting land use issues;

WHEREAS, population growth and
numerous development priorities, such as food security, settlements
development, industry and development, environmental protection and
infrastructure continue to compete for limited land resources;
and

WHEREAS, pursuant to
Executive Order (EO) No. 230, the NEDA is primarily responsible for the
coordination of development planning and formulation of continuing,
coordinated and fully integrated social and economic policies, plans
and programs both at the national and regional levels toward the
achievement of sustainable economic growth coupled with an equitable
distribution of income and wealth.

NOW,
THEREFORE, I, GLORIA MACAPAGAL-ARROYO,
President of the
Republic of the Philippines, by virtue of the powers vested in me by
law, do hereby order:

SECTION 1.
Strengthening of NLUC.
The NLUC is hereby strengthened and
reconstituted into a NEDA Board (NB) committee, thus making it the
highest policy-making body on land
use.

SECTION 2. Composition. The
NB-NLUC shall be composed of the
following:

Chairperson
:
Secretary of Socio-Economic Planning

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.

Two private sector representatives.

 
The NB-NLUC shall invite
the respective Presidents of the League of Provinces, Municipalities
and Cities to its meetings.

SECTION
3. Functions of the NB-NLUC.
The NB-NLUC
shall:

  1. Advise the President on
    matters concerning land use and physical
    planning;

  2. Formulate a national
    physical framework plan and other inter-sectoral policies and programs
    that guide the rational utilization and management of the country′s
    land and other physical resources, and the preparation of sub-national
    physical framework plans. The national physical framework plan shall
    integrate relevant sectoral as well as regional socio-economic and
    physical framework plans and
    policies;

  3. Promote the
    integration of land use and physical planning policies, plans and
    programs, including disaster risk management, into national
    socio-economic plans and
    programs;

  4. Decide and resolve
    land use policy conflicts among agencies of the national
    government;

  5. Establish and
    maintain, in conjunction with the various appropriate government
    agencies, a database system which would identify and classify the
    present and possible uses of specific land areas, public and private,
    comprising the total land resources of the nation;
    and

  6. Provide policy directions
    to the Regional Land Use Committees in the performance of their
    physical planning
    functions.

SECTION 4. Creation
of the NB-NLUC Technical Board.
A Technical Board shall be
created to provide technical support to the
NB-NLUC.

SECTION 5. Composition of the
Technical Board.
The Technical Board shall be composed of the
following:

Chairperson
:
NEDA Deputy Director-General for Regional
Development

Members
:
Representatives of the
member-agencies of the NB-NLUC, who shall have the rank of not lower
than Director
level.

SECTION
6. Institutionalization of the Regional Land Use Committee
(RLUC).
At the regional level, the RLUC, under the Regional
Development Council, will be strengthened, with a replicated NB-NLUC
composition. The RLUC may call on any department, bureau, office,
agency or instrumentality of the government and/or private entities and
organization for cooperation, support and assistance in the performance
of its functions.

  1. Formulate and
    periodically update the Regional Physical Framework Plan (RPFP), taking
    into consideration national, interregional, regional and local plans
    and policies;

  2. Promote the
    integration of land use and physical planning policies, plans and
    programs, including disaster risk management into the regional
    socio-economic plans and
    programs;

  3. Decide and resolve
    region-specific land use policy conflicts among government
    agencies;

  4. Review and recommend
    appropriate actions to the NB-NLUC on land use policy conflicts between
    or among national government
    agencies;

  5. Assess changes in
    land use and other physical resources in the regional and the
    implementation of RPFP
    policies;

  6. Evaluate consistency
    of major programs and projects with the RPFP and their impact on land
    use and the
    environment;

  7. Undertake the
    gathering, updating and maintenance of a regional database system;
    and

  8. Perform other related
    functions as may be directed by the
    NB-NLUC.

SECTION 7. The NB-NLUC
may call on any department, bureau, office, agency, or instrumentality
of the government and/or private entities and organization for
cooperation, support and assistance in the performance of its
functions.

SECTION 8. Funds.
Funds needed to carry out the provisions of this EO for the first
calendar year shall be drawn from the current NLUC funds under the NEDA
budget. Thereafter, additional sums as may be necessary for the full
implementation of the strengthened NLUC’s functions shall be included
in the General Appropriations Act.

SECTION
9. Implementing Authority of the Secretary of Socio-Economic
Planning.
The Secretary of Socio-Economic Planning shall
issue such implementing rules and regulations and other issuances as
may be necessary to ensure the efficient and effective implementation
of the provisions of this EO. The IRR shall also detail the functions
of the member-agencies.

SECTION 10.
Repeal.
All previous issuances inconsistent with the
provisions of this EO are hereby repealed or modified
accordingly.

SECTION 11.
Effectivity.
This Executive Order shall take effect
immediately after its publication in the Official Gazette or in a
newspaper of general circulation.

DONE in the City
of Manila, this 1st day of December, the year of Lord, Two Thousand and
Eight.

(Sgd.)
GLORIA M. ARROYO

By the
President:

(Sgd.) EDUARDO R.
ERMITA

Executive
Secretary