Question & AnswerQ&A (DA ADMINISTRATIVE ORDER NO. 31)
The conversion of private agricultural land to non-agricultural uses shall be guided by the Philippine Constitution, Article III, Section 21 and Article XII, Section 1; Republic Act 6657, Section 2; Executive Order 292, Series of 1987; and the Department of Agriculture Charter on Agricultural Land.
The Department of Agrarian Reform Administrative Order No. 1, Series of 1990, Section VI-A6 requires from applicants for land conversion a certification from the Department of Agriculture, through its Regional Directors, that the land has ceased to be economically feasible and sound for agricultural purposes.
EO 292, or the Revised Administrative Code of 1987, empowers the Department of Agriculture to promulgate and enforce all laws, rules, and regulations governing the conservation and proper utilization of agricultural and forestry resources.
Conversion refers to the authorized act of changing the current use of a piece of land into some other use.
Agricultural Land refers to land devoted to or suitable for agricultural activity and not classified as mineral, forest, residential, commercial, or industrial land.
The Network includes all irrigated and potentially irrigable lands, all alluvial plain land highly suitable for agricultural production, all sustainable lands that are traditional food sources, crop land supporting existing economic agricultural infrastructure, productive lands in low-calamity risk areas for economic trees and cash crops, and ecologically fragile agricultural lands where conversion would cause serious environmental problems.
The State, through the Department of Agriculture, promotes the well-being of farmers by providing an environment to increase income, improve living conditions, and maximize contributions to the national economy, advocating for effective and speedy agrarian reform implementation.
Agricultural land shall not be converted except when it ceases to be economically feasible and sound for agricultural purposes.
The Department of Agrarian Reform processes the Application for Conversion and forwards all documents and the accomplished application for Certificate of Eligibility for Conversion to the Department of Agriculture Regional Director.
The group reviews the application to determine if the land is within the Network of Protected Areas, evaluates whether the purpose of conversion meets criteria such as agro-based development, prepares social benefit-cost analysis, and then makes a recommendation to the Regional Director.
The processing shall not exceed forty (40) working days from submission of all relevant documents to the Department of Agriculture regional office.
On grounds of misrepresentation or concealment of material facts for the issuance of a CEC, any attempt to misrepresent or conceal material facts, or any similar cause.
Activities involved in the supply of agricultural inputs as well as those which process, trade, or provide significant value-added to agricultural products.
All types of infrastructure that support agricultural and agro-based enterprise activities.
The application shall be recommended for denial.
While the order does not specify appeal procedures, the withdrawing or canceling of the CEC does not prevent the filing of other legal actions as allowed under Philippine laws.
Applicants must submit specified documentary requirements under 1990 DAR-AO No. 1, including a certification from the Department of Agriculture and additional documents depending on whether the applicant is an agrarian reform beneficiary or if the land is for government or joint use projects.
It identifies the Network of Protected Areas for agricultural development and is used to determine if a land is protected and whether conversion is permissible.
The Philippine Agricultural Development Plan provides objectives such as increasing productivity and incomes of small farmers, ensuring agricultural resource productivity, food security, and agro-industrial development.