QuestionsQuestions (DAR JOINT ADMINISTRATIVE ORDER NO. 04, S. 1993)
To pursue the Comprehensive Agrarian Reform Program (CARP) with the highest consideration for the welfare of landless farmers and farmworkers, promoting social justice, sound rural development, and owner-cultivatorship of economic-size farms.
It mandates the disallowance of the conversion of lands devoted to or suitable for agriculture into non-agricultural uses except in the limited instances authorized by the DAR rules.
Conversion is generally disallowed unless one of the enumerated exceptions applies and the required conversion order is obtained from the DAR.
Illegal conversion is the act of changing the current use of agricultural land into non-agricultural uses without the required order of conversion from the DAR.
When the land ceases to be economically feasible and sound for agricultural purposes as certified by the Regional Director of the Department of Agriculture (DA), or when the land/locality has become highly urbanized and has greater economic value for residential, commercial, or industrial purposes as certified by the Deputized Zoning Administrator of the HLURB.
When lands are classified as commercial, industrial, and residential in new or revised town plans approved by HLURB’s Inter-Agency Planning Task Forces with participation of DA, DENR, DAR, DTI, NEDA, and in applicable cases DOT; affected communities and concerned NGOs must be involved.
Conversion may be given due course if the dominant use of the area surrounding the land subject of the application is no longer agricultural, and if the proposed use is similar to or compatible with the dominant use of the surrounding area. The Regional Physical Framework Plan as approved by the RDC is a basis for decision-making.
Because continued unauthorized conversion of agricultural lands from agricultural to non-agricultural uses prevents or undermines the implementation of CARP.
To monitor cases of illegal conversion and to coordinate/advise on actions to address conversion violations.
Headed by the DAR Assistant Secretary for Legal Affairs Office; plus two DAR representatives appointed by the DAR Secretary; and three DOJ representatives appointed by the DOJ Secretary.
Examples: (1) Identify and set priority areas/provinces where illegal conversion is rampant; (2) report to the DAR and DOJ Secretaries on the conversion situation; (3) recommend issuance/amendment of guidelines and circulars; (4) designate persons to coordinate/monitor Provincial Task Forces; (5) perform other related functions assigned by DAR and DOJ Secretaries.
Jointly headed by the DAR Chief Legal Officer in the province and the Provincial Prosecutor; members include the CARPO, an assistant provincial prosecutor designated by the prosecutor, and two MAROs designated by the PARO.
Examples: (1) Investigate ongoing developmental projects and conversion of agricultural lands; (2) monitor conversion situation in the province; (3) recommend and file criminal charges against landowners and developers for illegal conversion in violation of RA 6657; (4) report to the National Task Force.
They must post in a conspicuous place in their project the notice: “DAR Conversion Order dated _________.”
The absence of the notice is a ground for investigation by authorities from the DAR or DOJ into the possibility of illegal conversion.
Immediately upon adoption/effectivity as stated in the text.