Guidelines on Land Use Reclassification Certification

DAR A.O. No. 01, Series of 1999 guides land use conversion from agricultural to non-agricultural with DA certification as a requirement.
Land use conversion is limited within Strategic Agriculture and Fisheries Development Zones (SAFDZ) as mandated by R.A. 8435.
Food security is a state policy emphasizing protection of staple crop production.
Certification requirements include determining land classification with regard to Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) and SAFDZ.
DA is empowered to regulate land use conversion for agricultural development.
Amendments under RA 7881 adjust definitions and coverage related to agricultural activity and agrarian reform.

Agricultural Lands: lands suited for cultivation, livestock, fishery, excluding mineral, forest, commercial, residential, or industrial lands.
Comprehensive Land Use Plan (CLUP): spatial and policy document guiding land use distribution.
Irrigable and Irrigated Lands: lands suitable for irrigation and lands with functioning irrigation, respectively.
Land Use Conversion and Reclassification: processes changing agricultural land uses to non-agricultural purposes or other agricultural uses, subject to authorization.
NPAAAD and SAFDZ: designated areas protected or limited for conversion to maintain agricultural productivity and environmental sustainability.
Premature Conversion: land development altering agricultural land without authorized conversion order.
Socialized Housing: government/private housing for underprivileged with cost ceilings.
Zoning: functional division regulating land use within local government jurisdictions.

Applies to private agricultural lands proposed for residential, commercial, industrial, institutional, or other non-agricultural uses, and certain agricultural activities exempt from agrarian reform coverage.
Non-negotiable areas for conversion include all irrigated lands and irrigable lands with funded projects.
Highly restricted areas include irrigable lands without funded projects, agro-industrial croplands, highlands above 500 meters, lands under agrarian reform acquisition, and environmentally critical areas.
SAFDZ lands are under a moratorium with limited conversion permissions during defined periods.
Certain priority development areas such as eco-zones, industrial centers, tourism areas, and government projects have prescribed conversion procedures.

Regional Technical Evaluation Committee on Land Use Matters (RTECLUM): conducts preliminary review, field investigation, and recommendation of applications.
National Technical Evaluation Committee on Land Use Matters (NTECLUM): performs further review, evaluation, additional investigations, and approves or disapproves applications.
Committees composed of representatives from agriculture-related agencies with technical secretariats.

Private landowners or authorized representatives.
Agrarian reform beneficiaries after five years from award with full obligations met.
Government agencies and local government units owning agricultural lands as patrimonial properties.

Notarized sworn declaration, proof of ownership (titles or certifications for untitled lands), certification of non-coverage under agrarian reform, power of attorney or board resolution if applicable, vicinity and parcellary maps, zoning certification, clear photographs, certifications from irrigation, coconut, sugar, fisheries and other relevant agencies, payment receipts, and field investigation reports.
Certifications must be originals, addressed to the applicant, and filed within six months of issuance.

Non-refundable filing and inspection fees scaled by land area (15 hectares or below, above 15 to 30 hectares, and more than 30 hectares).
Additional fees for motions for reconsideration.

Land suitability considerations include non-irrigation status, no adverse effects on surrounding farmlands, physical agricultural constraints, low agricultural potential or productivity.
Proposed use must be consistent with local land use plans and support agro-industrial development and livelihood generation.

Application submitted to RTECLUM with complete documents and fees.
RTECLUM conducts field investigations including location, soil, slope, existing and adjoining land use, and SAFDZ classification.
Premature conversion suspends application processing.
RTECLUM forwards application with recommendations to NTECLUM within 30 working days.
NTECLUM reviews, may conduct further inquiries or site inspections before endorsing to Secretary or authorized officer.

For socialized housing: Regional Executive Director (RED) approves for ≤5 hectares outside SAFDZ; Secretary of Agriculture or authorized signatory approves over 5 hectares or lands within SAFDZ.
For other purposes: sole approval by Secretary of Agriculture or authorized signatory.