Title
Illegal Conversion of Agricultural Lands Regulation
Law
Dar Joint Administrative Order No. 05
Decision Date
Apr 22, 1994
The Joint Administrative Order establishes a framework for addressing illegal conversion of agricultural lands, mandating the creation of Provincial/City Task Forces to investigate and prosecute violations under the Comprehensive Agrarian Reform Law.

Questions (DAR JOINT ADMINISTRATIVE ORDER NO. 05)

Conversion is the act of changing the use of agricultural land into non-agricultural use/s.

Conversion is deemed illegal if undertaken after June 15, 1988 without the required order of conversion from the DAR.

It penalizes a landowner’s conversion of his agricultural land into any non-agricultural use with intent (1) to avoid the application of R.A. No. 6657 and (2) to dispossess tenant farmers of the land tilled by them.

It penalizes the sale, transfer, conveyance, or change of the nature of lands outside of urban centers and city limits, in whole or in part, after the effectivity of the Act. It also states that for tilled lands, the date of registration of the deed in the Register of Deeds, and for unregistered lands, the date of issuance of tax declarations to the transferee, are conclusive.

The order states that the crime is based on Section 73(c) and 73(e) of R.A. No. 6657.

DAR is involved through its members in the Provincial/City Task Forces—conducting field investigation and case build-up, filing complaints with supporting documents, monitoring conversion situations, and reporting to the National Task Force.

It is headed jointly by the DAR Chief Legal Officer in the province and the Provincial or City Prosecutor.

Members include the CARPO (Chief Agrarian Reform Program Officer), Assistant Provincial/City Prosecutors designated by the Prosecutor, and two (2) Municipal Agrarian Reform Officers (MAROs) designated by the PARO.

DAR members must conduct actual field investigation and case build-up.

They must file the necessary complaint-affidavit with supporting documents before the task force member prosecutor.

They must investigate ongoing development projects and conversion of agricultural land, monitor the conversion situation in the province/cities within the province, and report to the National Task Force.

They conduct inquest or preliminary investigation (as the case may be), recommend and file criminal cases against landowners and developers involved, and submit monthly progress/status reports to the National Task Force.

To provide regular updates to the National Task Force on the status of all cases involving illegal conversion.

They may perform such other related functions which may be assigned by the National Task Force on Illegal Conversion.

No. The order creates a Provincial/City Task Force in each province and city to monitor and address illegal conversion locally.

The Joint Administrative Order shall take effect immediately.

For tilled lands, the date of registration of the deed in the Register of Deeds is conclusive; for unregistered lands, the date of issuance of tax declarations to the transferee is conclusive.


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