Question & AnswerQ&A (Administrative Order No. 01)
The legal basis includes Section 21, Article II and Section I, Article XII of the Philippine Constitution, Section 2 of Executive Order 45, Series of 2001, Title IV, Chapter I, Section 2 of Executive Order 292, Series of 1987, and other provisions of Republic Acts No. 6657 (1988), No. 8435 (1997), and the DA Charter of Agricultural Lands.
Agricultural Lands are lands devoted to or suitable for cultivation of soil, planting crops, growing trees, raising livestock, poultry, fish or aquaculture, including harvesting and other farm activities performed by natural or juridical persons, excluding lands classified as mineral, forest, residential, commercial, or industrial.
To certify whether lands applied for reclassification from agricultural to non-agricultural uses or between agricultural uses meet criteria and regulations, ensuring compliance with laws such as CARP, NPAAAD, SAFDZ and others before conversion is approved.
Non-negotiable areas include all irrigated lands with available or programmatically rehabilitated irrigation, irrigable lands covered by funded irrigation projects, and all agricultural lands with irrigation facilities.
Applicants include owners of private agricultural lands or their authorized representatives, agrarian reform beneficiaries after five years from award who are qualified, and government agencies or local government units owning agricultural lands as patrimonial property.
Requirements include notarized sworn declaration, proof of land ownership, DAR certification on non-CARP coverage, power of attorney if applicable, vicinity and parcellary maps, zoning certification, photos of the area, certifications from agencies like NIA, SRA, PCA, BFAR, BAI if applicable, payment receipts for fees, and RTECLUM field investigation report.
RTECLUM receives and reviews applications and documents, collects fees, conducts field investigations, evaluates eligibility for reclassification, and submits reports with recommendations to the National Technical Evaluation Committee on Land Use Matters (NTECLUM).
Criteria include the land being non-irrigated or not irrigable with firm funding commitments, impact on irrigation and productivity, physical limitations, potential for growing agricultural crops, low productivity, consistency with local land use plans, and support for agro-industrial development and alternative livelihood.
Filing and inspection fees depend on area size: For 15 hectares and below, filing fee is P1,750 and inspection fee P5,000; above 15 up to 30 hectares, filing fee is P2,000 and inspection fee P7,500; more than 30 hectares, filing fee is P3,000 and inspection fee P10,000. A motion for reconsideration fee is P2,000.
For socialized housing projects outside SAFDZ and up to 5 hectares, the Regional Executive Director or designated Regional Technical Director approves. All other applications including those within SAFDZ or over 5 hectares are approved or disapproved solely by the DA Secretary or their authorized signatory.