QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 1)
It is guided by the principles and policies enunciated in Section 2 of RA 6657 and EO 229 (s. 1987).
DAR is mandated to approve or disapprove conversion applications (Sec. 4[k], EO 129-A, s. 1987) and has exclusive authority to approve or disapprove conversions for non-agricultural uses (Sec. 5[1], EO 129-A). It may also authorize reclassification/disposition subject to Sec. 65 of RA 6657.
All private agricultural lands whether tenanted or not, regardless of crops/commodity, as defined in RA 6657, excluding lands classified as mineral or forest by DENR (and predecessors) and excluding lands already classified for residential/commercial/industrial use in approved town plans and zoning ordinances approved by HLURB (and predecessors) prior to 15 June 1988.
Conversion is the act of authorizing the change of the current use of a piece of land into some other use.
Only in instances where (1) the land ceases to be economically feasible and sound for agricultural purposes as certified by DA Regional Director, or the locality has become highly urbanized with greater economic value for non-agricultural uses as certified by the Deputized Zoning Administrator of HLURB; (2) lands are classified as commercial/industrial/residential in new or revised town plans approved by HLURB inter-agency task forces with required participation and community/NGO involvement; or (3) in municipalities without HLURB-approved land use plans/integrated zoning, the dominant use surrounding the land is no longer agricultural and the proposed use is similar/compatible, based on the Regional Physical Framework Plan approved by the RDC.
DENR certification that the conversion is ecologically sound is required in all cases.
They are entitled to disturbance compensation of not less than five (5) times the average annual gross value of harvest on their actual landholdings during the last five (5) preceding calendar years, and DAR must exert best efforts to ensure homelots and employment are provided by the applicant/developer.
Conversion is allowed only upon evidence that the project is viable and beneficial to the community and that development can be completed within one (1) year after issuance of the development permit if area is 5 hectares or less; if more than 5 hectares, additional time is allowed per each additional 5 hectares or fraction, but in no case beyond five (5) years from issuance of the development permit.
While classification/reclassification generally follows BP 337, RA 2264, and EO 648, after 15 June 1988 land use classification and re-classification are subject to DAR approval under EO 229/129-A and RA 6657.
Owners of private agricultural lands or persons authorized by them (including HLURB-licensed land developers/government agencies concerned); farmer-beneficiaries after lapse of five years from award and full payment of obligations and being qualified (or persons duly authorized); and government agencies including GOCCs.
Examples include: (1) four (4) copies of Application for Conversion; (2) Special Power of Attorney if petitioner is not the owner; (3) certified xerox copy of OCT/TCT or other proof of ownership; (4) Location Plan/Vicinity Map; (5) HLURB deputized zoning administrator certification of conformity with the land use plan; (6) DA certification that land ceased to be economically feasible/sound or HLURB certification that locality is highly urbanized and will have greater non-agricultural economic value; (7) DENR certification ecologically sound; (8) proof of financial/organizational capability; (9) statement of economic/social benefits; (10) MARO certification that there are no agrarian reform beneficiaries where applicable; and (11) proof of disturbance compensation or undertaking to pay if qualified farmer beneficiaries exist.
Protests may be filed by persons who may be displaced before the PARAD under DARAB procedures; PARAD or a designated Hearing Officer investigates and resolves. Appeals go to DARAB. Filing a protest alone does not absolutely bar processing/approval if the application otherwise clearly falls within the Rules.
Within ninety (90) days from issuance of the conversion order for grounds based on misrepresentation/concealment or other violations (grounds A and C). For failure to develop within the timeframe (ground B), the 90-day period is reckoned from the date the one-year requirement under the development completion rule lapses.
It is placed under CARP compulsory coverage according to the schedule in Section 7 of RA 6657 and then distributed to qualified beneficiaries.
If an applicant previously authorized to convert failed to complete development due to valid reasons beyond control (e.g., fortuitous events/natural calamities), an extension of one (1) year may be granted. Persons who knowingly and willfully converted agricultural lands in violation (fully or partially) are subject to prosecution and are not entitled to excusable default relief.
The Rules apply to all applications filed on or after its effectivity. Applications filed prior to effectivity are governed by the pertinent administrative orders/issuances in force at the time of filing and processed accordingly.