Title
DA Guidelines on Land Use Reclassification
Law
Da Administrative Order No. 25, S. 2012
Decision Date
Oct 31, 2012
DA Administrative Order No. 01-17 provides guidelines for land use reclassification in the Philippines, emphasizing food security and limiting conversion of agricultural lands, with the Department of Agriculture responsible for enforcement and the establishment of evaluation committees.
land use reclassification
agricultural lands
food security

Legal bases and referenced statutes

  • Article II, Section 21 and Article XII, Section 1 of the Philippine Constitution govern the State’s role in agricultural development and land use.
  • Section 2, Executive Order (E.O.) 292 (s. 1987) provides that the DA is responsible for agricultural development policy framework, public investment, and support services, and empowers the DA to promulgate and enforce rules governing land use conversion and proper utilization of agricultural lands and forestry resources.
  • Section 2, Executive Order (E.O.) 292 (s. 1987) anchors DA authority to regulate land use conversion and agricultural land utilization.
  • R.A. 6657 (Comprehensive Agrarian Reform Law) governs relevant aspects of agricultural land classification and coverage, as amended by R.A. 7881.
  • R.A. 8435 (Agriculture and Fisheries Modernization Act of 1997) establishes food security policy emphasis.
  • E.O. 45 (s. 2001) prescribes a fast-tracking scheme for housing projects for purposes of land conversion processing.
  • The Order also cites the DA Charter on Agricultural Lands as a governing framework.

Policy statements and governing intent

  • The Order establishes a judicious and systematic mechanism for processing and evaluating applications for land use reclassification.
  • The Order directs that DA certification on eligibility/non-eligibility for land reclassification is required as part of the land conversion process.

Defined terms for land reclassification

  • “Agricultural Lands” are lands devoted to or suitable for cultivation, planting of crops, growing of trees, raising livestock, poultry, fish or aquaculture production, and harvesting farm products and other farm activities/practices performed in conjunction with farming operations by natural or juridical persons, and which are not classified by law as mineral land, forest land, residential land, commercial land, or industrial land.
  • “Irrigable Lands/Areas” are those with marked soil depth/texture, terrain/slope, and water availability/quality reflecting inherent potential for an irrigation system.
  • “Project Areas” are those within irrigable lands/areas comprising intended or design serviceable irrigation areas/lands of an ongoing or in-pipeline irrigation construction project (included in NIA budget strategy).
  • “Serviceable or Irrigation Areas/Lands” are within a command area of irrigation systems or those provided with irrigation facilities, including sections that may not be irrigated due to water supply shortage, water distribution inequity, or irrigation facility dysfunction.
  • “Land Use” is the manner of utilizing land, including allocation, development, and management.
  • “Land Use Conversion” is changing the current use of a piece of agricultural land to another use, subject to approval by the DAR with DA certification on eligibility for land reclassification as a requirement.
  • “Network of Protected Areas for Agricultural and Agri-industrial Development (NPAAAD)” refers to agricultural areas identified by the DA through BSWM, coordinated with NAMRIA, to ensure efficient utilization for agriculture and agro-industrial development and sustainable growth; it covers eight enumerated categories including:
    • (a) all irrigated areas;
    • (b) all irrigable lands covered by irrigation projects with firm funding commitments;
    • (c) all alluvial plain lands highly suitable for agriculture not irrigated;
    • (d) agro-industrial croplands supporting viability of existing agricultural infrastructure and agro-based enterprises;
    • (e) highlands or areas at elevation of five hundred (500) meters and above for semi-temperate and high value crops;
    • (f) ecologically fragile agricultural lands whose conversion results in serious environmental degradation;
    • (g) all mangrove areas and fish sanctuaries; and
    • (h) all fishery areas as defined under the Fisheries Code of 1998.
  • “Premature Conversion of Agricultural Land” is development activity that modifies or alters physical characteristics of agricultural land to render it suitable for non-agricultural purposes without an approved Conversion Order from the DAR.
  • “Private Agricultural Lands” are agricultural lands owned by natural or juridical persons or by government in its proprietary capacity.
  • “Reclassification of Agricultural Lands” is specifying how agricultural lands shall be utilized for non-agricultural purposes such as residential, industrial, commercial, as embodied in the land use plan, subject to local government unit (LGU) requirements and procedures in accordance with Section 20 of R.A. 7160 and HLURB, DAR, DA and DILG MC 54-1995, and also includes reversion of non-agricultural lands back to agricultural use.
  • “Socialized Housing” means housing programs/projects with houses and lots/homelots for underprivileged and homeless citizens where maximum cost per unit does not exceed the HUDCC-prescribed maximum, including sites and services development, long-term financing, liberalized interest terms, and related benefits under R.A. 7279.
  • “Strategic Agriculture and Fisheries Development Zone (SAFDZ)” refers to areas within NPAAAD identified for production, agro-processing and marketing to help modernize and develop the agricultural and fisheries sectors in an environmentally and socio-culturally sound manner.
  • “Zoning” is delineation/division into functional zones where only specific land uses are allowed, directing and regulating use of all lands in accordance with an approved/adopted land use plan and prescribing setback provisions, minimum lot sizes, building heights and bulk.
  • “Zoning Ordinance” is local legislation approving the comprehensive land use plan and providing regulations and conditions for uses of land, including limitations on infrastructures within a city/municipality’s territorial jurisdiction.

Coverage: land types and geographic constraints

  • These guidelines apply to the DA issuance of Certificate of Eligibility/Non-Eligibility for land reclassification, consistent with DAR A.O. No. 1, Series of 2002 on land conversion.
  • The guidelines cover:
    • conversion to residential, commercial, industrial, institutional and other non-agricultural uses;
    • conversion to another type of agricultural activity or use such as livestock, poultry, and fishpond, where the effect exempts the land from CARP coverage;
    • conversion to non-agricultural use other than previously authorized; and
    • lands reclassified by the LGU or Presidential Proclamation on or after June 15, 1988 pursuant to Section 20 of R.A. 7160 and other laws, but conversion of reclassifications prior to June 15, 1988 follows exemption clearance rules from DAR.
  • Serviceable or irrigation areas/lands are treated as non-negotiable for land use conversion.
  • Project areas/lands within ongoing or in-pipeline irrigation construction projects with firm funding commitments are treated as non-negotiable for land use conversion.
  • For non-negotiable areas, an application involving such areas is not given due course even when some portions thereof are eligible for conversion.
  • High elevation or isolated excluded areas/lands within serviceable, irrigation or project areas remain eligible for land reclassification and conversion.
  • Highly restricted from conversion areas include irrigable lands covered by proposed irrigation projects listed in the NIA medium term (10-year) irrigation development program but not yet listed in NIA budget strategy; alluvial plain lands only suitable for agriculture not irrigated; agro-industrial croplands/industrial crop lands supporting existing agricultural infrastructure; highlands at elevation of five hundred (500) meters and above; ecologically fragile agricultural lands; mangrove areas and fish sanctuaries; and all fishery areas under the Fisheries Code of 1988.
  • Within SAFDZs, serviceable, irrigation and project lands/areas and lands with existing or potential high-value crops are non-negotiable for reclassification or conversion.
  • Reclassification within SAFDZ may be allowed for serviceable, irrigation and project lands/areas that are excluded due to elevation (high lying or low lying) and isolation (bounded by creeks, rivers, depressions or urbanized area).
  • Priority development areas and projects for land conversion include enumerated categories such as specific sites in regional agri-industrial/industrial centers; tourism development areas; agricultural areas for Eco Zone projects endorsed by PEZA; government-owned agricultural land for national-interest projects certified by proper agency; DA-certified sites for processing agricultural products and certified hydroelectric power facilities in irrigation systems; telecommunication facility sites endorsed by NTC; and housing projects under a fast-tracking scheme under E.O. 45, 2001, with a housing eligibility condition requiring at least eighty (80%) of land used directly and exclusively for housing when the application involves mixed housing and non-housing projects.

Committees and technical evaluation structure

  • RTECLUM is headed by the DA Regional Field Unit (DA-RFU) Regional Executive Director (RED) and has members from RFU technical staff, NIA, PCA, and SRA.
  • Other concerned agencies participate on an on-call basis in RTECLUM.
  • RTECLUM final composition is submitted by the Regional Executive Director to NTECLUM and to the DA Secretary (or authorized official) for information and coordination.
  • NTECLUM is an inter-agency committee with one representative each for:
    • Chairperson: BSWM (Assistant Director or Division Chief level),
    • Vice-Chairperson: PCA (Division Chief level),
    • Members: representatives from BSWM, NIA, PCA, SRA.
  • NTECLUM has a Technical Secretariat headed by BSWM, with a Chairperson, Vice-Chairperson, and least five (5) members, designated by the DA Secretary or authorized signatory through a Special Order.
  • CRAL is an oversight committee that revalidates NTECLUM deliberation results through reinspection and/or re-evaluation of the application.
  • CRAL is composed of a Chairperson (Director, BSWM), Vice-Chairperson (NIA Department Manager of Higher), and members from BSWM, NIA, PCA, SRA at the Division Chief level.
  • CRAL also has a Technical Secretariat headed by BSWM with Chairperson, Vice-Chairperson, and at least five (5) members, designated by the DA Secretary or authorized signatory through a Special Order.

Who may apply, filing documents, and fees

  • Applications for reclassification may be filed by owners of private agricultural lands or by other persons duly authorized by landowners.
  • Applications may also be filed by government agencies, including government-owned or controlled corporations, and local government units owning agricultural lands as part of their patrimonial property.
  • An application must include a Notarized Sworn Declaration of Application for Land Use Reclassification.
  • Proof of ownership must be submitted as a certified true copy of Original Certificate of Title or Transfer Certificate of Title (OCT/CT) and/or other documents establishing ownership from the Registry of Deeds, not later than thirty (30) days prior to filing.
  • If the land is an untitled agricultural land, the application must instead submit:
    • a certification from DENR CENRO that the landholding has been classified as alienable and disposable;
    • a certification from DENR CENRO (for administrative confirmation of imperfect title) or from the Clerk of Court of regular courts (for judicial confirmation of imperfect title) that the titling process/proceeding has commenced and there are no adverse claimants.
  • If the applicant is not the owner, a Special Power of Attorney must be provided; if the owner is a corporation, a Board Resolution must be provided with signatures of members.
  • The application must include a Map of the Area/Parcellary Map prepared by a Licensed Geodetic Engineer showing the Name of Owner, Title No., and Area.
  • The application must include an Updated Land Use Plan Map per the approved Comprehensive Land Use Plan (CLUP) of the city/municipality; if no updated CLUP map exists, a Location Map with sufficient reference points for lot identification must be submitted.
  • The application must include a Zoning Certification from HLURB signed by the Regional Officer/Deputized Zoning Administrator showing the actual zoning/classification of the land on the approved and updated CLUP, citing:
    • (a) the municipality/city zoning ordinance number; and
    • (b) the resolution number and approval date by HLURB or the Sangguniang Panlalawigan concerned, as applicable.
  • The application must include photographs of the area (5R size) with captions certified by a member of the RTECLUM Inspection Team.
  • The application must include an NIA certification with thresholds:
    • for five (5) hectares and above, signed by the Regional Irrigation/Operations Manager;
    • for less than five (5) hectares, signed by the Head of the concerned Irrigation Management Office or Irrigation Division Office.
  • The application must include certifications from SRA (if applicable) and PCA (signed by Regional Manager, if applicable).
  • The application must include certifications from FIDA (if applicable) and BFAR (if applicable).
  • The application must include an Official Receipt of payment of filing fee and inspection fee.
  • The application must include a Field Investigation Report by the RTECLUM.
  • Certifications for the specific land/parcel must be issued in the name of the applicant or the applicant’s duly authorized representative.
  • The DA-RFU cashiering unit collects filing and inspection fees once the application has a complete set of documentary requirements, payable at the time of application, at these rates:
    • 15 hectares and below: Filing Fee PHP 1,750.00 and Inspection Fee PHP 5,000.00
    • Above 15 hectares to 30 hectares: Filing Fee PHP 2,000.00 and Inspection Fee PHP 7,500.00
    • More than 30 hectares: Filing Fee PHP 3,000.00 and Inspection Fee PHP 10,000.00
  • Fees for attached agencies follow the rates set by their Board of Directors.

Reclassification criteria standards

  • The following lands/areas are eligible for land reclassification:
    • not irrigated areas/lands (or outside irrigated lands/areas), including high-elevation, low lying, and isolated areas/lands within serviceable, irrigation and project areas/lands;
    • irrigable lands/areas not covered by proposed irrigation construction projects listed in NIA’s medium term (10-year) irrigation development program of NIA regional offices;
    • areas with no potential for growing high value crops;
    • lands where land use reclassification is consistent with the natural expansion of the municipality/locality contained in the approved physical framework and land use plan;
    • land use reclassification where the area is not the only remaining food production area in the community;
    • reclassification that does not hamper availability of irrigation or productivity of nearby farmlands;
    • areas with lower productivity given priority for land use reclassification; and
    • proposed projects that are supportive to agro-industrial development and generate alternative livelihood opportunities for affected community.

Processing stages and decision issuance

  • Applications must be filed with the RTECLUM at the DA-RFU Office using the DA-Land Use Reclassification (LUR) Form 1 together with all documentary requirements.
  • Upon filing, the RTECLUM receiving officer reviews for completeness; incompleteness requires submission of lacking documents.
  • DA-RTECLUM and/or NTECLUM and CRAL are authorized, in coordination with DAR (local and national), to monitor and inform the DA Secretary (or authorized official) of illegal land use reclassification/land use conversion with premature development throughout the region.
  • After receipt of a complete application and payment of fees, RTECLUM conducts a field investigation and produces a report that includes:
    • location and accessibility;
    • limitations to agricultural production such as steep slope, unstable soil condition (landslide, erosion, etc.), inadequate drainage/flooding, very shallow soil, stony/rocky soil, and serious boulder problems;
    • existing land use;
    • indications of premature development or alteration of land use with photographs;
    • land use of adjoining areas;
    • indications of non-agricultural development; and
    • potential for agricultural production.
  • RTECLUM submits its report and the Land Use Reclassification Folder (LURF) with all documentary requirements to the DA-RED.
  • DA-RED reviews and submits recommendations to NTECLUM for evaluation.
  • NTECLUM reviews the application for completeness and checks consistency with NPAAAD and SAFDZ maps.
  • When necessary, NTECLUM may require additional field investigation by RTECLUM specifying data requirements for final evaluation.
  • NTECLUM may conduct its own investigation to ensure required compliance before endorsement to the DA Secretary (or authorized signatory).
  • NTECLUM may call on other agencies to assist in technical evaluation.
  • NTECLUM notifies the applicant/authorized representative of additional requirements via telephone call and registered mail with return card.
  • After due evaluation/ocular investigation/validation, NTECLUM submits findings and recommendations directly to the DA Secretary (or authorized signatory) together with the LURF.
  • CRAL further reviews NTECLUM findings, checks the possibility of resolving identified land deficiencies, and ensures completeness of documentary requirement information along with NTECLUM recommendations.
  • If required, CRAL conducts the final investigation and validation of the areas applied for land reclassification.
  • After CRAL investigation and validation, CRAL submits findings and recommendations directly to the DA Secretary (or authorized signatory) together with the LURF.
  • The DA Secretary (or authorized signatory) reviews the application and issues the Certificate of Eligibility/Non-Eligibility.
  • The original Certificate of Eligibility/Non-Eligibility is sent directly to the applicant/authorized representative or through the concerned DARFU, with DA retaining a certified photocopy for record/reference.
  • The entire application records are retained by the DA Secretary (or authorized signatory) for future reference, including deciding motions for reconsideration after disapproval by the DA Secretary or authorized signatory.

Decision makers by purpose

  • For socialized housing purposes, approval/disapproval is made by:
    • the RED or his designated Regional Technical Director for areas outside SAFDZ and within a total area of five (5) hectares and below; and the RED must provide the DA Secretary or authorized signatory a monthly report of approved/disapproved applications including Registered owner, Title No., Lot No., Area Applied for, and location of property, copy furnished to NTECLUM; and
    • the Secretary or designated/authorized official for areas covering more than five (5) hectares.
  • For other non-agricultural purposes aside from socialized housing, the DA Secretary (or authorized signatory) has sole authority to issue the Certificate of Eligibility/Non-Eligibility for reclassification.

Motion for reconsideration and finality

  • The applicant or the protestant may file a Motion for Reconsideration with the DA Secretary (or authorized signatory) within thirty (30) days from receipt of the copy of the Certificate of Non-Eligibility.
  • The Motion for Reconsideration must be resolved by the Secretary or duly authorized official within an extensible period of sixty (60) days from receipt of the motion.
  • The DA action on the Motion for Reconsideration is final and non-appealable.
  • Motions for reconsideration for denied applications, including those issued by REDs for socialized housing, filed prior to effectivity are given due course if filed within thirty (30) days from effectivity.
  • Records of pending motions for reconsideration are forwarded to the DA Secretary (or authorized signatory) for review and resolution.

Repeal and effectivity rule

  • The Order repeals all previous issuances inconsistent with it.
  • The Order takes effect ten (10) days after publication in two (2) newspapers of general circulation.

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