Question & AnswerQ&A (DAR JOINT ADMINISTRATIVE ORDER NO. 04, S. 1993)
The policy of the State is to pursue a Comprehensive Agrarian Reform Program (CARP) with the highest consideration for the welfare of landless farmers and farmworkers, promoting social justice, rural development, industrialization, and establishing owner cultivatorship of economic-size farms as the basis of Philippine agriculture.
Illegal conversion refers to the act of changing the current use of agricultural land into non-agricultural uses without the required order of conversion from the Department of Agrarian Reform (DAR).
Conversion is allowed when: 1) the land ceases to be economically feasible for agriculture certified by the DA or is highly urbanized certified by HLURB; 2) lands are classified as commercial, industrial or residential in new or revised town plans approved by inter-agency planning bodies; or 3) the city/municipality lacks an approved land use plan but the surrounding area is dominantly non-agricultural and the proposed use is compatible.
The National Task Force is responsible for monitoring illegal conversion cases, identifying priority areas, reporting to the DAR and DOJ secretaries, recommending guidelines, coordinating provincial task forces, and performing related functions as assigned.
The National Task Force is composed of the DAR Assistant Secretary for Legal Affairs as head, two representatives from the DAR appointed by the DAR Secretary, and three representatives from the DOJ appointed by the Secretary of Justice.
Their duties include investigating ongoing projects and conversions, monitoring conversion situations, recommending and filing criminal charges, reporting to the National Task Force, and performing related functions assigned by the National Task Force.
It is jointly headed by the DAR Chief Legal Officer in the province and the Provincial Prosecutor.
Developers, landowners, and similar entities must post in a conspicuous place a notice stating "DAR Conversion Order dated _________" at their project site. Failure to post the notice may lead to investigation for illegal conversion.
The order takes effect immediately upon its adoption on 4 May 1993.
The HLURB-organized Inter-Agency Planning Task Forces include participation from the Department of Agriculture (DA), Department of Environment and Natural Resources (DENR), Department of Agrarian Reform (DAR), Department of Trade and Industry (DTI), National Economic and Development Authority (NEDA), and, when applicable, the Department of Tourism (DOT).
Conversion petitions may be given due course if the dominant use of the surrounding area is no longer agricultural and the proposed use is similar or compatible with the dominant surrounding use, using the Regional Physical Framework Plan as basis for decisions.