QuestionsQuestions (DOA ADMINISTRATIVE ORDER NO. 37, S. 1999)
The order states guidance from: the 1987 Constitution (Art. II, Sec. 21; Art. XII, Sec. 1); Republic Act (RA) 6657, particularly Sec. 2; Executive Order (EO) 292 (Revised Administrative Code of 1987), and the Department of Agriculture’s charter; plus relevant DAR and DA policy instruments referenced in the legal bases.
The legal bases refer to a Presidential Memorandum dated April 16, 1999 providing that DAR Administrative Order No. 1, Series of 1999 shall serve as the primary guideline.
It refers to lands devoted to or suitable for cultivation of soil, planting crops, growing trees (including harvesting), and other farming activities, by persons whether natural or juridical; not classified by law as mineral/forest/timber/national park; and not previously reclassified as residential/commercial/industrial or other non-agricultural uses before June 15, 1988.
It is the policy under RA 8435 prohibiting reclassification of certain irrigated lands, irrigated lands under firm-funded irrigation projects, and lands for high-value crops within SAFDZ, from 10 February 1998 to 9 February 2003.
Conversion intended to avoid RA 6657 and dispose tenant farmers; or changing the nature of lands outside urban centers/city limits (in whole or part) after the effectivity of RA 6657, as provided in Sec. 73(c) and (e) of RA 6657.
The act/process of changing the current use of agricultural land into another use as approved by the DAR.
NPAAAD (Network of Protected Areas for Agricultural and Agro-Industrial Development) refers to areas identified by DA (through Bureau of Soils and Water Management with NAMRIA) to ensure efficient utilization for agriculture and agro-industrial development. It includes irrigated areas, irrigable lands covered by irrigation projects with firm funding, alluvial plains highly suitable for agriculture, industrial croplands, arable highlands (500m+), ecologically fragile agricultural lands, mangroves and fish sanctuaries, and fishery areas under the Fisheries Code of 1998.
SAFDZ (Strategic Agriculture and Fisheries Development Zone) refers to NPAAAD-identified areas for production, agro-processing, and marketing activities to modernize and environmentally and socio-culturally soundly develop agriculture and fisheries, with government support.
Applications for DA Certification consistent with DAR AO 1, including: (1) conversion to residential/commercial/industrial/institutional and other non-agricultural purposes; (2) conversion to another agricultural activity (e.g., livestock/poultry/fishpond) that exempts from CARP coverage; (3) conversion to non-agricultural use other than previously authorized; and (4) reclassification to non-agricultural uses on/after June 15, 1988, with exemption clearance rules referenced for pre-1988 reclassification.
Conversion is allowed if there is no Notice of CARP Coverage. DAR provides DA with a list of areas with Notice of Coverage except those with Special Permits.
The order lists: irrigated areas; irrigable lands already covered by irrigation projects with firm funding commitment; alluvial plains highly suitable for agriculture (irrigated or not); industrial croplands; arable highland (500m or above); ecologically fragile agricultural lands; and fishery areas under the Fisheries Code of 1998.
During the moratorium (10 Feb 1998–9 Feb 2003), irrigated/irrigable/and high-value crop lands in SAFDZ are subject to a conversion moratorium; reclassification may be allowed only for 5% of the covered lands and only upon compliance with existing laws/rules/regulations.
The DA and DAR jointly determine it, upon the recommendation of the Regional and National SAFDZ Committees pursuant to Rule 9.5.2 of DA Administrative Order No. 6, Series of 1998.
The order lists factors such as: consistency with approved physical framework and land use plan; the reclassified area is not the only remaining food production area; conversion should not hamper irrigation availability or nearby farmland productivity; priority to lower-productivity areas; and projects supportive of agro-industrial development and that generate alternative livelihood opportunities.
Owners of private agricultural lands or authorized persons; and government agencies (including GOCCs) and LGUs that own agricultural land as patrimonial property.
Either: (a) DENR CENRO certification that the landholding has been classified as alienable and disposable; and (b) DENR CENRO certification for administrative confirmation of imperfect title or clerk of court certification for judicial confirmation of imperfect title that the titling process has commenced and there are no adverse claimants.
In summary: applicant submits DAR LUR 1 and blank LUR Form 3 (DA Certification) to DA-RFU Regional Director through expanded RLTWG; receiver checks completeness; if land has Notice of CARP coverage/premature conversion, application is returned; if complete, RTeCLUM conducts field investigation (LUR Form 3A); RTeCLUM forwards LURF to DA Regional Director; DA forwards to TeCLUM; TeCLUM submits findings/recommendation to Office of the Secretary (LUR Form 3B); Secretary acts and informs TeCLUM Secretariat (LUR Form 3C); Secretariat sends the certificate to applicant and retains copies for records.
The applicant or protestant may file a motion for reconsideration within 15 days from receipt of a copy of the certification, with proof of service on the adverse party. It is resolved by the DA Secretary or his duly authorized official, and DA’s action is final.