Question & AnswerQ&A (DA ADMINISTRATIVE ORDER NO. 02)
The primary purpose is to revise the guidelines on the certification of eligibility for reclassification of agricultural lands to non-agricultural uses and provide mechanisms for the implementation thereof.
The reclassification of agricultural lands is governed by the Philippine Constitution, Article II, Section 21, and Article XII, Sections 1 and 2.
Agricultural Lands refer to lands devoted to or suitable for cultivation, planting crops, growing trees, harvesting farm products, and other farming operations, not classified by law as mineral land, forest, timber, or national park, nor reclassified as residential, commercial, industrial, or other non-agricultural uses before June 15, 1988.
Illegal Conversion refers to the conversion by any landowner of agricultural land into non-agricultural use with intent to avoid R.A. 6657 application or to dispossess tenant farmers, or changing land use outside urban centers after the effectivity of R.A. 6657 without proper approval.
Requirements include a notarized sworn declaration, proof of land ownership (OCT/TCT or certifications for untitled land), special power of attorney or board resolution, parcel map by a licensed geodetic engineer, zoning certification from HLURB, photographs, certifications from agencies like NIA, PCA, SRA, BFAR if applicable, payment receipts, and a field investigation report.
Owners of private agricultural lands or their authorized representatives, and government agencies including government-owned or controlled corporations and local government units owning agricultural lands.
Criteria include whether lands are irrigated or irrigable, potential for high-value crops, consistency with local land use plans, whether the area is the only food production area, impact on irrigation and productivity, prioritization of lower productivity areas, and support to agro-industrial development and community livelihoods.
RTECLUM, headed by the DA regional executive director, receives and reviews applications for completeness, conducts field investigations, prepares reports with detailed land conditions and usage, and submits the findings to the DA regional office for evaluation.
The applicant or protestant may file a motion within 15 days from receipt of the disapproval notice. The DA Secretary or authorized official shall resolve it within 60 days, and the decision is final and non-appealable.
Irrigated areas, irrigable lands with firm funding commitments, alluvial plains highly suitable for agriculture, agro-industrial croplands, highlands above 500 meters with potential for high-value crops, ecologically fragile agricultural lands, mangrove areas, fish sanctuaries, and all nature of fishery areas.