Question & AnswerQ&A (EXECUTIVE ORDER NO. 124)
The Department of Agrarian Reform (DAR) is empowered to approve or disapprove land use conversion as per this executive order and previous laws like EO 129-A and RA 6657.
The three categories are: (a) specific sites in regional agri-industrial centers/regional industrial centers as identified by the DTI and DA; (b) tourism development areas identified by the DOT; and (c) sites identified by local government units for socialized housing currently used for agricultural purposes needing conversion approval from the DAR.
The Regional Land Use Committees (RLUCs) are primarily responsible for evaluating priority development areas for land conversion in regional agri-industrial and tourism areas.
The Regional Director of the National Economic and Development Authority (NEDA) chairs the RLUC, except in the Autonomous Region in Muslim Mindanao (ARMM) where the Head of the Regional Planning and Development Office (RPDO) serves as chairman.
Members include regional directors of the Departments of Agriculture, Agrarian Reform, Environment and Natural Resources, Interior and Local Governments, Public Works and Highways, Science and Technology, Transportation and Communications, Trade and Industry, Tourism, and the Housing and Land Use Regulatory Board (HLURB). There are also two representatives from non-government organizations, people's organizations, and the private sector.
The HUDCC serves as Co-Chairman of the RLUC.
The RLUC must check if the site is non-negotiable for conversion as per Administrative Order 20 s. 1992 determined by the DA and whether the land is already distributed, under notice of acquisition, or voluntarily offered under the Comprehensive Agrarian Reform Program (CARP) as determined by the DAR.
The PLUC assists the Sangguniang Panlalawigan in reviewing and evaluating sites for socialized housing land conversion in competent provinces and submits recommendations to the Sangguniang Panlalawigan for transmission to the DAR Secretary.
The Housing and Land Use Regulatory Board (HLURB), in coordination with the DA and DAR, determines this, and then the NEDA Secretariat makes a recommendation to the President for appropriate action.
No, applications not related to priority development areas are governed by the existing rules and procedures of the DAR.
The DAR, DA, and NEDA Secretariat shall conduct an annual review of the land conversion evaluation mechanism, conversion process, and status of conversions in priority areas to determine if there is a need to utilize irrigable or non-viable irrigated lands for non-agricultural purposes.
LGUs must identify lands for socialized housing through their Local Development Council Technical Secretariats in coordination with relevant agencies, and comply with the site selection criteria under RA 7279 and DILG Memorandum Circular No. 90-03.
The National Land Use Committee (NLUC) makes recommendations which are then reviewed and approved by the Secretary of the Department of Agrarian Reform (DAR).
The order took effect immediately upon signing on September 8, 1993.