Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 01, S. 2002, FEBRUARY 28, 2002)
The State shall preserve prime agricultural lands to ensure food security and allow conversion to non-agricultural use only under strict regulation and compliance with RA 6657 and RA 8435.
Agricultural land refers to land devoted or suitable for cultivation of soil, planting, growing trees, raising livestock, poultry, fish or aquaculture, including harvesting and related farm activities, and not classified as mineral land, forest, national park, or for non-agricultural uses before June 15, 1988.
These include lands within protected areas (NIPAS), all irrigated lands, all irrigable lands with firm irrigation funding commitments, and all agricultural lands with irrigation facilities.
Owners of private agricultural lands, agrarian reform beneficiaries after 5 years post-award who have fully paid obligations, and government agencies owning agricultural lands as patrimonial property may apply.
Requirements include official receipts for fees and bonds, notarized application form, certified true copies of titles, tax declaration, project feasibility study, development plans, financial capability proofs, socio-economic benefit-cost study, photographs, affidavits, certifications from MARO, HLURB, DA, DENR, and maps, among others.
The applicant must post billboards on the property with essential details to inform the public and affected parties, allowing for transparency and opportunity to file protests.
Approval is allowed if the land is not non-negotiable, has ceased to be economically feasible or the area has urbanized, complies with SAFDZ limits, considers adverse effects on farmers, and if the applicant is an agrarian reform beneficiary, full payment has been made.
Penalties include imprisonment of 1 to 3 years or fines of at least P15,000, or both; under RA 8435, imprisonment of 2 to 6 years, fines equivalent to 100% of government investment cost, forfeiture of land and improvements; also administrative sanctions like revocation of conversion.
Affected persons may file written protests within 30 or 17 days depending on project type, protests interrupt processing deadlines, and hearings may be conducted before final resolution with participation of proper authorities.
Conditions include posting a performance bond, annotating land use on the title, paying disturbance compensation, commencing and completing development within prescribed periods, securing required permits and clearances, and allowing DAR officials access for compliance monitoring.