Issuance, parties, and effectivity
- The order is issued as DAR Joint Administrative Order No. 05 jointly by the Department of Agrarian Reform and the Department of Justice.
- The order is adopted on 22 Apr. 1994.
- The order is signed by the Secretary, Department of Agrarian Reform and the Secretary, Department of Justice.
- The order states that it takes effect immediately.
Definition and legal basis of illegal conversion
- The order defines conversion as the act of changing the use of agricultural land into non-agricultural use/s.
- Conversion of agricultural land covered by Republic Act No. 6657 (Comprehensive Agrarian Reform Law) is deemed illegal if undertaken after June 15, 1988 without the required order of conversion from the DAR.
- The order grounds the crime of illegal conversion on Section 73(c) and Section 73(e) of Republic Act No. 6657, which penalize the following acts:
- Conversion by a landowner of agricultural land into any non-agricultural use with intent to avoid the application of this Act and to dispossess tenant farmers of the land they till (Section 73(c)).
- Sale, transfer, conveyance, or change of the nature of lands outside of urban centers and city limits, either in whole or in part, after the effectivity of Republic Act No. 6657 (Section 73(e)).
Conclusive dating rules for Section 73(e)
- For tilled lands under Section 73(e), the date of registration of the deed of conveyance in the Register of Deeds is conclusive for purposes of Republic Act No. 6657.
- For unregistered lands under Section 73(e), the date of issuance of the tax declarations to the transferee of the property is conclusive for purposes of Republic Act No. 6657.
- These conclusive dates determine the operative timeline for assessing conduct that falls under Section 73(e).
Provincial/City Task Forces created
- A Provincial/City Task Force on Illegal Conversion is created in each province and city to monitor cases of illegal conversion of agricultural lands.
- Each Provincial/City Task Force is headed jointly by:
- the DAR Chief Legal Officer in the province, and
- the Provincial or City Prosecutor.
- Membership of the Provincial/City Task Force includes:
- the Chief Agrarian Reform Program Officer (CARPO) in the province;
- Assistant Provincial/City Prosecutors designated by the Provincial/City Prosecutor; and
- two (2) Municipal Agrarian Reform Officers (MAROs) designated by the Provincial Agrarian Reform Officer (PARO).
Duties of DAR members in task forces
- DAR members of the Provincial/City Task Force must conduct actual field investigation and case build-up.
- DAR members must file the necessary complaint-affidavit together with supporting documents before the task force member prosecutor.
- DAR members must investigate all ongoing development projects and conversion of agricultural land.
- DAR members must monitor the conversion situation in the province and in cities within the province.
- DAR members must report to the National Task Force the conversion situation in the province and cities within the province.
- DAR members must perform other related functions assigned by the National Task Force on Illegal Conversion.
Duties of DOJ prosecutor members in task forces
- DOJ prosecutor members must conduct inquest or preliminary investigation, as the case may be.
- DOJ prosecutor members must recommend and file criminal cases against the landowners and developers involved in illegal conversion of agricultural lands under Republic Act No. 6657.
- DOJ prosecutor members must submit to the National Task Force on Illegal Conversion a monthly progress/status report covering all cases involving illegal conversion of agricultural lands.
- DOJ prosecutor members must perform other related functions assigned by the National Task Force on Illegal Conversion.