QuestionsQuestions (ADMINISTRATIVE ORDER NO. 363)
It prioritizes rational, sustainable land allocation; protects prime agricultural lands and supports CARP completion; ensures food security via efficient land use; promotes dispersal of industries through regional growth centers/corridors; encourages economic/socialized housing; and institutionalizes public participation in national land use planning.
Certain areas are declared non-negotiable: (a) designated NIPAS protected areas including watershed/recharge areas of aquifers; (b) all irrigated lands delineated by DA/NIA and approved by the President, plus irrigable rehabilitated areas under Presidential Administrative Order No. 20 (1992); and (c) irrigable lands already covered by irrigation projects with firm funding commitments, as delineated by DA/NIA and approved by the President.
The Network of Protected Areas for Agriculture (as of 1991) as determined by DA/NIA serves as the guide. It may only be revised with Presidential approval upon favorable recommendation of the Cabinet Cluster on Agro-Industrial Development.
Applications for conversion involving lands protected from and non-negotiable for conversion shall not be given due course by the DAR.
They include: (a) lands classified as Highly Restricted in the Network of Protected Areas for Agriculture (e.g., irrigable lands not covered by firm-funded irrigation projects; agro-industrial croplands supporting existing agricultural infrastructure; and highlands at elevations of 500 meters or above); (b) lands issued a Notice of Acquisition/Valuation or subject of perfected agreements under VLT/DPS; and (c) environmentally critical areas identified by DENR under P.D. 1586.
Yes, only upon compliance with existing laws/rules and subject to an additional requirement of a social benefit cost analysis approved by the DA. If the land is under the environmentally critical category, conversion is subject to EIA and/or issuance of an ECC by DENR.
Conversion may be allowed and the social benefit cost analysis may be waived, but an EIC/ECC is still always required. Also, conversion is never allowed if the sites fall under the “non-negotiable” categories.
Conversion is not allowed if the sites are: (a) specific sites in regional agri-industrial centers/regional industrial centers (RAICs/RICs) identified by DTI and DA (Annex A); (b) tourism development areas identified by DOT (Annex B); and (c) sites identified by LGUs for socialized housing.
They must be paid sufficient disturbance compensation. Owners/developers are encouraged to provide capital to help affected farmers shift to another livelihood, skills training, relocation sites, and priority in employment for them and their children, including investment arrangements like joint ventures/partnerships giving them a stake in development.
No application for reclassification shall be given due course by HLURB without an approved Comprehensive Land Use Plan (for provinces, highly urbanized cities, independent component cities, and NCR cities/municipalities—approved by HLURB; and for component cities/municipalities—approved by the Sangguniang Panlalawigan) after 1 January 1989.
DAR may not give due course without certifications: (a) DA on viability/non-viability and that land is not part of non-negotiable areas or identify if highly restricted; (b) DENR that it does not fall under NIPAS/environmentally critical areas, or for environmentally critical areas, DAR can issue an Order of Conversion subject to ECC; (c) NIA that it is not covered by Presidential A.O. 20 (1992); and (d) HLURB that the land has been reclassified and within/outside maximum allowable limits set by law.
The DAR Secretary’s decision is appealable to the Office of the President.
If the affected lands are irrigated, the owner/developer must replace the areas affected by an equal area of irrigated lands (whether within or outside the locality) and conversion must not adversely affect the irrigation system.
It is undertaking development activities that modify/alter the physical characteristics of agricultural lands to make them suitable for non-agricultural purposes without an approved conversion order from the DAR.
DA updates/revises NPAA maps, sets criteria and designs the social benefit cost analysis, and NIA prepares maps of irrigated/irrigable lands protected as non-negotiable. DENR prepares/validates maps of NIPAS components including watersheds/aquifer areas and identifies/maps environmentally critical areas for EIA/ECC. DAR identifies lands with Notices of Valuation/Acquisition or subject of VLT/DPS. HLURB designs/installs monitoring/evaluation for reclassification. DILG coordinates LGUs’ compliance with comprehensive land use plan requirements reviewed/approved by HLURB or Sangguniang Panlalawigan.