Legal Mandate for Certification of Eligibility for Conversion
- DAR-AO No. 1, Series of 1990 requires certification from the Department of Agriculture (DA) that the land is no longer economically viable for agriculture.
- DA empowered under EO 292 to enforce laws on conservation and utilization of agricultural resources.
Definitions
- Conversion: Authorized change of land use.
- Agricultural Land: Land devoted or suitable for agriculture, excluding mineral, forest, residential, commercial, or industrial.
- Agriculture: Cultivation, planting, livestock, aquaculture, harvesting, and related farming activities.
- Network of Protected Areas for Agricultural Development: Lands reserved for agriculture, including irrigated land, alluvial plains, traditional food sources, economically viable crop lands, low-calamity productive areas, and ecologically fragile agricultural lands.
- Map of Protected Areas: Geographical identification of protected agricultural networks.
- Agro-based Enterprises: Supply of inputs, processing, trading, or value-adding activities related to agriculture.
- Agro-based Infrastructure: Infrastructure supporting agricultural and agro-based activities.
Policy Guidelines
- The State through DA aims to improve farmer welfare and income.
- DA supports agrarian reform in line with the Constitution, RA 6657, and EO 292.
- Conversion of agricultural land only allowed when economically unfeasible for agriculture.
- Utilization of agricultural land guided by Philippine Agricultural Development Plan objectives:
- Increase productivity and income of small and upland farmers.
- Ensure long-term productivity of agricultural resources.
- Ensure food security via self-sufficiency.
- Promote favorable trade balance and agro-industrial growth.
Coverage
- Applies to all public and private agricultural land regardless of crop or commodity.
Rules of Procedure for Issuance of Certificate of Eligibility for Conversion (CEC)
- Applicants must submit required documents to DAR; additional documents required for agrarian reform beneficiaries or government-related uses.
- Public agricultural land applications require fewer documents and are submitted to DA regional offices.
- Applicants fill out a CEC application form from DA regional offices.
- DAR processes the application and forwards it to DA Regional Director.
- DA Regional Land Use Technical Working Group reviews applications:
- Checks if land is within Network of Protected Areas via maps or assessments by Soils and Water Action Teams and Bureau of Soils and Water Management.
- If land is protected and intended use is not agro-based, recommend denial.
- If land is protected and use is agro-based or agro-infrastructure, recommend approval subject to social benefit-cost analysis.
- If not protected, decision based on social benefit-cost analysis.
- Uses provisional or standard social benefit-cost evaluation procedures.
- Regional Director issues written decision within 40 working days, informing DAR, BSWM, DA Undersecretary, and applicant.
Cancellation or Withdrawal of CEC
- CEC may be cancelled or withdrawn for:
- Misrepresentation or concealment of material facts.
- Attempt to misrepresent or conceal material facts.
- Other similar causes.
- Cancellation does not prevent other legal actions.
Repealing Clause
- This Order repeals all inconsistent prior issuances.
Effectivity
- Takes effect 10 days after publication in a newspaper of general circulation.