Question & AnswerQ&A (DOA ADMINISTRATIVE ORDER NO. 38, S. 1999)
The policy of the state is to ensure all sectors and regions are given optimum opportunity to develop through rational and sustainable use of resources peculiar to each area to maximize agricultural productivity, promote efficiency and equity, and accelerate modernization of agriculture and fishery sectors.
The SAFDZ refers to prime lands within the Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) identified for production, agro-processing and marketing to develop and modernize the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner.
Republic Act 8435, also known as the Agriculture and Fishery Modernization Act of 1997, specifically under Section 9 mandates the Department of Agriculture to establish and delineate the SAFDZ.
The AFMP focuses on food security; poverty alleviation and social equity; income enhancement and profitability especially for farmers and fisherfolks; global competitiveness; and sustainability.
The NPAAAD refers to agricultural areas identified by the Department of Agriculture in coordination with the Bureau of Soils and Water Management and NAMRIA to ensure efficient land use for agriculture and agro-industrial development, promoting sustainable growth.
The violator shall be subject to an idle land tax of Three Thousand Pesos (P3,000.00) per hectare per year and required to put the lands back to productive agricultural use. If inactivity exceeds two years without force majeure, land may be subject to escheat proceedings.
Penalties include imprisonment from two (2) to six (6) years, a fine equivalent to 100% of the government's investment cost, or both, forfeiture of the land and any improvements, and administrative sanctions by DAR such as cancellation or withdrawal of conversion authorization and blacklisting.
They coordinate the implementation of AFMA provisions related to SAFDZ and NPAAAD, assist in preparation and implementation of modernization plans, review land use changes, formulate development strategies, and recommend organizational mechanisms for processing land reclassification and conversion within SAFDZ.
They are given six months from the effectivity of the Order to submit their resolutions for SAFDZ adoption. Implementation of SAFDZ projects depends on the submission of the resolution and the Integrated Development Plan (IDP) where applicable.
Section 20 of the LGC provides general limits on land use reclassification and conversion of agricultural lands including both marginal and prime lands, while Section 9 of AFMA imposes a stricter 5% conversion limit within a moratorium period focused specifically on certain irrigated and high-value crop lands within SAFDZ.