QuestionsQuestions (DA ADMINISTRATIVE ORDER NO. 25, S. 2012)
It cites the Philippine Constitution (Art. II Sec. 21; Art. XII Sec. 1), Executive Order (E.O.) 292 (1987), R.A. 6657 (1988) as amended, R.A. 8435 (1997), E.O. 45 (2001), and the DA Charter on Agricultural Lands.
Land Use Conversion is the act/process of changing current use of agricultural land into another use, which requires approval by the DAR, with DA certification on eligibility for land reclassification as a requirement.
Agricultural lands are lands devoted to or suitable for cultivation, planting of crops, growing trees, raising livestock/poultry/fish/aquaculture production and harvesting, and other farm activities/practices performed in conjunction with such farming operations, excluding lands classified by law as mineral, forest, residential, commercial, or industrial.
Project areas are those within irrigable lands/areas comprising intended/design serviceable irrigation areas/lands of an ongoing or in-pipeline irrigation construction project included in NIA’s budget strategy.
All serviceable/irrigation areas/lands and all project areas/lands within ongoing or in-pipeline irrigation projects with firm funding commitments are non-negotiable. An application involving such areas shall not be given due course even if some portions are eligible.
These include: (1) irrigable lands covered by proposed irrigation projects listed in NIA’s medium-term (10-year) program not yet in NIA budget strategy; (2) alluvial plain lands only suitable for agriculture but not irrigated; (3) agro-industrial croplands/industrial crop lands supporting existing agri infrastructure; (4) highlands 500 meters and above suitable for semi-temperate/high-value crops; (5) ecologically fragile agricultural lands; (6) mangrove areas and fish sanctuaries; (7) fishery areas under the Fisheries Code.
Within SAFDZ, all serviceable, irrigation, project lands/areas and lands with existing or potential for growing high-value crops are non-negotiable. Reclassification may still be allowed for areas within serviceable/irrigation/project lands that are excluded due to elevation (high/low lying) and isolation (bounded by creeks/rivers/depressions or urbanized area).
Priority include specific sites in regional agri-industrial centers/industrial centers (DTI/DA), tourism development areas (DOT), eco zone agricultural areas endorsed by PEZA (R.A. 7916), government-owned national interest projects, sites for processing plants of agri products certified by DA, hydroelectric facilities in irrigation systems, telecommunication sites endorsed by NTC, and housing projects which are priority development projects that follow the fast-tracking scheme under E.O. 45 (2001).
It shall not enjoy housing privileges unless at least eighty percent (80%) of the land applied for conversion is used directly and exclusively for housing.
Owners of private agricultural lands or persons duly authorized by landowners, and government agencies (including GOCCs) and LGUs owning agricultural lands as patrimonial property.
Applicants must submit an Updated Land Use Plan Map based on the approved CLUP and a Zoning Certification from HLRUB signed by the Regional Officer/Deputized Zoning Administrator. The zoning certification must cite the municipality/city zoning ordinance number and the HLRUB/sangguniang panlalawigan resolution number and date.
RTECLUM characterizes subject lands via document completeness review and field investigation, then submits report and Land Use Reclassification Folder to DA-RED. DA-RED recommends to NTECLUM. NTECLUM validates results for consistency with NPAAAD and SAFDZ maps and can conduct further investigation; it submits findings/recommendations directly to DA Secretary. CRAL revalidates NTECLUM results through reinspection/evaluation to resolve deficiencies and ensures completeness, then submits findings/recommendations directly to the DA Secretary.
An applicant or protestant may file a motion within 30 days from receipt of the copy of the Certificate of Non-Eligibility. The DA must resolve within an extensible period of 60 days from receipt. The DA action is final and non-appealable.
Motions for reconsideration for denied applications, including those issued by REDs for socialized housing, prior to the effectivity of the A.O. shall be given due course if filed within 30 days from the A.O.’s effectivity. Pending motion records are forwarded to the DA Secretary/authorized signatory for review and resolution.