QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 01, S. 1999)
The Order emphasizes: (1) preservation of prime agricultural lands for food security (rice/corn sufficiency); (2) rational and sustainable use of resources to maximize agricultural productivity and promote modernization/efficiency/equity; and (3) strict regulation—conversion is allowed only when conditions under RA 6657 and/or RA 8435 are present.
Agricultural lands are those devoted to or suitable for cultivation/planting of crops, growing trees, raising livestock/poultry/fish/aquaculture, and other farm activities in conjunction with farming operations, excluding lands classified by law as mineral/forest/national park, and excluding lands already reclassified to residential, commercial, industrial or other non-agricultural uses before June 15, 1988.
Non-negotiable areas (Sec. 4) cannot be subject to conversion at all (applications not given due course). Highly restricted areas (Sec. 5) may be considered but require additional stringent requirements—e.g., project feasibility study and, if in ECAs, Environmental Compliance Certificate—plus approval by the Secretary regardless of area.
Non-negotiable areas include: (1) agricultural lands within NIPAS including watershed and aquifer recharged areas as determined by DENR; (2) all irrigated lands where water is available to support rice/other crops and irrigated lands within areas programmed for rehabilitation; (3) all irrigable lands already covered by irrigation projects with firm funding commitments; and (4) agricultural lands with irrigation facilities operated by private organizations.
Categories include: (a) irrigable lands not covered by firm-funded irrigation projects; (b) agro-industrial croplands/industrial crop lands supporting existing agro-based infrastructure; (c) highlands/elevations 500 meters or above suitable for semi-temperate/high-value crops; (d) lands issued with notice of land valuation/acquisition or subject of perfected agreement under VLT/DPS; and (e) ECAs as determined by DENR. Applications require, in addition to standard requirements, a project feasibility study and an ECC if within ECAs, deliberation by PLUTC, and approval by the Secretary regardless of area.
For SAFDZs, there is a five-year moratorium from February 10, 1998 to February 9, 2003 covering irrigated lands, irrigable lands with firm funding commitments, and lands with existing or potential high-value crops included in SAFDZs.
Yes. Conversion may be allowed only with respect to 5% of said lands within SAFDZs during the moratorium, subject to compliance with applicable laws, rules, and regulations.
Applicants include: (1) owners of private agricultural lands or authorized persons; (2) agrarian reform program beneficiaries after the lapse of five (5) years from award (reckoned from CLOA issuance) who have fully paid obligations and are qualified under the Rules (or authorized persons); and (3) government agencies/LGUs owning agricultural lands as patrimonial property.
Standard requirements include: (1) duly accomplished notarized application; (2) special power of attorney or board resolution if applicable; (3) true copy of OCT/TCT certified within 30 days (or DENR certifications for untitled lands); (4) recent 5R photos; (5) socio-economic benefit-cost study with detailed site plan and work/financial plan; (6) proof of financial and organizational capability; (7) list of tenants/bona fide occupants affected and proof of payment/agreement to pay disturbance compensation; (8) zoning/classification certification based on approved comprehensive land use plan; (9) DA certification re NPAAAD classification and convertibility/irrigation suitability; (10) DENR certification area is not within NIPAS/ECAs/ECP; and (11) proof of payment of filing fee.
Additional documents include: (1) PARO certification that at least five (5) years have lapsed since award; (2) Land Bank certification of full payment (or PARO certification full payment for VLT/DPS/landed-estate cases); and (3) joint venture agreement or other business arrangement between EP/CLOA holders and the developer for use of the land.
Upon receipt, the Regional/Central Office prepares a Notice of Application for posting immediately and transmits it to the DAR Municipal Office. The MARO posts it within two (2) days in conspicuous places and on the property for 15 days. Field investigation/ocular inspection occurs on the 8th day from posting; it must verify CARP coverage, zoning, tenants/occupants and disturbance compensation status, etc., and report is submitted within 3 days after completion. Deliberation occurs on the 20th day from posting after inspection, and the approving authority resolves within 10 days from receipt of recommendation.
A cash bond equal to 2.5% of total zonal value must be posted upon filing. It is refundable upon issuance of the conversion order or convertible into a performance bond. It is forfeited if actual conversion activities are undertaken before approval (without prejudice to criminal charges).
Disturbance compensation (cash/kind/both) must be paid by the landowner or developer to tenants/farmworkers/bona fide occupants affected. The minimum must not be less than five (5) times the average gross harvests on their landholding during the last five (5) preceding calendar years.
Grounds include: (1) proof that the area is non-negotiable; (2) adverse effects of displacement outweigh social/economic benefits; (3) misrepresentation or concealment of material facts; (4) illegal/premature conversion; and (5) proof conversion was used to evade CARP coverage and dispossess tenant farmers.
Approving official depends on aggregate area of all applications regardless of number of applications when properties are owned by same person/entity (or represented by same person/entity) and are located in the same barangay or adjacent barangays within the same municipality/city(ies). Regional Director approves if not more than 5 hectares; Undersecretary if above 5 but not more than 50 hectares; Secretary for more than 50 hectares except highly restricted areas which are subject to Secretary approval regardless of area.
Approval is limited to the specific authorized use, subject to schedule in detailed site development/work and financial plan (development period cannot exceed 5 years unless authorized), and conditions are binding on successors-in-interest. Use authorized must be annotated on the title, DAR may monitor via access to land, and approval is without prejudice to ancestral domain claims under IPRA.
A motion for reconsideration must be filed within 15 days from receipt (with proof of service). Filing on time and by proper party stays execution. If denied, the movant may perfect an appeal during the remainder of the appeal period reckoned from receipt of denial resolution; if reversed, the aggrieved party has 15 days from receipt of the reversal resolution. Appeals are generally within 15 days after notification of order/resolution (Office of the President appeals within 30 days per OP rules cited).
A petition may be filed by DAR or aggrieved party within 90 days from discovery of facts warranting cancellation but not more than 1 year from issuance. If grounds relate to (specific enumerated grounds), it may be filed within 90 days from discovery but not beyond the development period in the order. If the ground is lack of jurisdiction, it must be filed with the Secretary and the time limits otherwise do not apply.
Prohibited acts include (1) converting agricultural land to non-agricultural use with intent to avoid CARP and dispossess tenants (Sec. 73(c) RA 6657); (2) changing land nature outside urban centers/city limits after RA 6657 effectivity (Sec. 73(e) RA 6657); (3) premature conversion as defined in RA 8435 (development rendering land suitable for non-agricultural purposes without approved order); and (4) unauthorized conversion—changing current use to evade CARP coverage without DAR conversion order or changing use other than allowed in the DAR conversion order.