Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 01, S. 1999)
The State shall preserve prime agricultural lands to ensure food security, ensure that all sectors and regions are given opportunities to develop through sustainable resource use to maximize agricultural productivity, and strictly regulate conversion only when the conditions prescribed under RA 6657 and/or RA 8435 are present.
Agricultural Lands refer to lands devoted to or suitable for cultivation, planting, growing trees, raising livestock, poultry, fish or aquaculture production including harvesting such products, and other farm activities, not classified as mineral land, forest or non-agricultural uses before June 15, 1988.
Agricultural lands within NIPAS protected areas, all irrigated lands and lands covered by irrigation projects with firm funding commitments, and lands with irrigation facilities operated by private organizations are non-negotiable for conversion.
Landowners of private agricultural lands or authorized persons, agrarian reform beneficiaries after 5 years from land award who have fully paid their obligations, and government agencies or local government units owning agricultural lands as patrimonial property may apply.
Required documents include an accomplished application form under oath, proof of ownership or authorization, recent certified 5R photos, socio-economic benefit-cost study, proof of financial and organizational capability, a list of affected tenants with settlement proof, various certifications from local and national agencies about zoning, agricultural classification, environmental compliance, and proof of payment of filing fee among others.
Tenants, farmworkers, and bona fide occupants affected by conversion are entitled to disturbance compensation amounting to at least five times the average gross harvests during the last five years, or compensation in kind, subject to agreement approved by DAR and payable within 60 days of application approval.
Regional Directors may approve areas not exceeding 5 hectares; the Undersecretary may approve areas above 5 hectares but not exceeding 50 hectares; the Secretary approves areas over 50 hectares and all applications involving areas highly restricted from conversion regardless of size.
Criminal penalties include imprisonment of one month to three years, a fine of not less than P15,000, or both for illegal conversions to avoid CARP application; for premature or illegal conversion under RA 8435, imprisonment of 2 to 6 years, a fine equivalent to 100% government investment cost, or both, with the accessory penalty of forfeiture of land and improvements.
Illegal conversion is the conversion of agricultural land to non-agricultural uses to avoid CARP coverage and dispossess tenant farmers, or unauthorized change in land nature after effectivity of RA 6657 outside urban or city limits without proper DAR conversion order.
The applicant submits the application with complete documents, payment of filing fee and cash bond; the DAR office posts a notice for 15 days; conducts a field investigation and ocular inspection; deliberates and makes a recommendation; the approving authority decides within the prescribed periods; and if approved, issues an order of conversion with conditions and bonds to guarantee compliance.