Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 07)
The DAR's primary mandate is to acquire and distribute agricultural lands to as many qualified beneficiaries as possible, while also regulating and approving or disapproving the conversion of agricultural lands to non-agricultural uses.
The Department of Agrarian Reform (DAR) has exclusive authority to approve or disapprove applications for conversion of agricultural lands to residential, commercial, industrial, and other uses pursuant to Executive Order No. 129-A, Series of 1987.
Agricultural land refers to land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land.
Areas not subject to or non-negotiable for conversion include protected areas under NIPAS, all irrigated lands under the Network of Protected Areas for Agriculture, irrigable lands with irrigation projects with firm funding commitments, and agricultural lands with irrigation facilities operated by private organizations.
Applicants must submit five sets of the following: application form, Special Power of Attorney if applicable, true copy of title or equivalent documents for untitled lands, sketch and vicinity maps, proof of financial capability, zoning certification, certifications from the DA, NIA, DENR, and proof of payment of filing fees. Additional requirements apply for agrarian program beneficiaries and highly restricted areas.
Penalties include warning or summary disapproval of the application or cancellation of the Conversion Order for the first offense; summary disapproval or cancellation and blacklisting for the second offense; and cancellation of the Conversion Order and blacklisting for the third offense. Criminal prosecution is also possible under RA No. 6657.
Farmer-beneficiaries may apply for conversion after five (5) years from the date of registration of their landholdings, provided they have fully paid their obligations and meet qualification criteria.
Applicants secure forms from DAR offices, complete required documents, and file five sets with the Regional or Central CLUPPI. The application undergoes review, posting for 15 days in the locality, ocular inspection, investigation, evaluation, and recommendations before final approval or disapproval by the designated authority.
The DAR Regional Director approves applications up to 5 hectares; the Undersecretary approves applications up to 50 hectares; the Secretary approves applications involving more than 50 hectares, including aggregation of contiguous properties owned or represented by the same entity.
The developer/applicant must post a public notice in a conspicuous place within the project area stating the approval details of the conversion. Failure to post can lead to suspension of development and possible cancellation of the conversion order.