Policy, purpose, and agrarian reform frame
- The State pursues a Comprehensive Agrarian Reform Program (CARP).
- The welfare of landless farmers and farmworkers receives the highest consideration to promote social justice and move the nation toward sound rural development and industrialization.
- The policy emphasizes owner cultivatorship of economic-size farms as the basis of Philippine agriculture.
- The order addresses continued unauthorized conversion of agricultural lands as an obstacle to CARP implementation.
- The order is anchored on the mandate under Republic Act No. 6657.
Core legal basis for conversion limits
- The order implements Republic Act No. 6657 by relying on Department of Agrarian Reform (DAR) Administrative Order No. 1, Series of 1991.
- DAR Administrative Order No. 1 (s. 1991) disallows conversion of lands devoted to or suitable for agriculture into non-agricultural uses except in defined instances.
- DAR Administrative Order No. 1 (s. 1991) permits conversion when the land ceases to be economically feasible and sound for agricultural purposes as certified by the Regional Director of the Department of Agriculture (DA).
- DAR Administrative Order No. 1 (s. 1991) permits conversion when the land or locality has become highly urbanized and the land will have greater economic value for residential, commercial or industrial purposes, as certified by the Deputized Zoning Administrator of the HLURB.
- Conversion is also allowed under town planning processes involving inter-agency planning structures organized by the HLURB, with participation of DA, DENR, DAR, Department of Trade and Industry (DTI), National Economic and Development Authority (NEDA) and, in applicable cases, the Department of Tourism (DOT).
- Conversion is also allowed where a city/municipality has no Land use plans or integrated zoning ordinance duly approved by HLURB, when the dominant use of the surrounding area is no longer agricultural, and the proposed use is similar or compatible with that dominant use.
- The order requires decision-making to use the Regional Physical Framework Plan approved by the Regional Development Council (RDC) as a basis.
Definition of illegal conversion
- Illegal conversion is the act of changing the current use of agricultural land into non-agricultural uses without the required order of conversion from the DAR.
- Illegal conversion is treated as a conversion activity that triggers monitoring, investigation, and criminal referral under the task force structure.
National Task Force on Illegal Conversion
- A National Task Force on Illegal Conversion is created to monitor cases of illegal conversion at the national level (DAR–DOJ Task Force).
- The National Task Force is headed by a DAR Assistant Secretary for Legal Affairs Office who serves as the head of the Task Force.
- The National Task Force includes two (2) Representatives from the DAR, appointed by the Secretary of Agrarian Reform.
- The National Task Force includes three (3) Representatives from the DOJ, appointed by the Secretary of Justice.
- The National Task Force identifies and sets priority areas and provinces where illegal conversion is rampant.
- The National Task Force reports to the Secretaries of the DAR and DOJ on the conversion situation in the country.
- The National Task Force recommends the issuance or amendment of guidelines and circulars on conversion and illegal conversion of agricultural lands.
- The National Task Force designates persons to coordinate and monitor the activities of Provincial Task Forces on illegal conversion.
- The National Task Force performs other related functions assigned by the Agrarian Reform and Justice Secretaries.
Provincial Task Forces and their duties
- A Provincial Task Force on Illegal Conversion is created in each province to monitor illegal conversion cases.
- Each Provincial Task Force is headed jointly by the DAR Chief Legal Officer in the province and the Provincial Prosecutor.
- Provincial Task Force membership includes the Chief Agrarian Reform Officer (CARPO) in the Province.
- Provincial Task Force membership includes an Assistant Provincial Prosecutor designated by the Provincial Prosecutor.
- Provincial Task Force membership includes two (2) Municipal Agrarian Reform Officers (MAROs) designated by the Provincial Agrarian Reform Officer (PARO).
- Provincial Task Forces investigate all ongoing developmental projects and conversion of agricultural lands.
- Provincial Task Forces monitor the conversion situation in the province.
- Provincial Task Forces recommend and file criminal charges against landowners and developers for illegal conversion of agricultural lands that violates R.A. No. 6657.
- Provincial Task Forces report to the National Task Force on the conversion situation in the province.
- Provincial Task Forces perform other related functions assigned by the National Task Force on Illegal Conversion.
Posting notice requirement for developers and landowners
- Developers, landowners, and similar entities must post in a conspicuous place in their project the notice: “DAR Conversion Order dated _________.”
- The notice must state the date of the DAR Conversion Order by filling in the blank.
- The absence of the required posted notice is a ground for investigation of the project by authorities arising from the DAR or the DOJ, to determine the possibility of illegal conversion.
Unauthorized conversion enforcement effect
- The continuing occurrence of unauthorized conversion is treated as an obstacle to CARP implementation.
- The monitoring structure created by this order supports enforcement through investigation by task forces and criminal referral for violations of Republic Act No. 6657.
- Criminal charges are directed specifically against landowners and developers involved in illegal conversion.
Administrative implementation and immediacy
- The order takes effect immediately upon adoption on 4 May 1993.
- The task force structures (National and Provincial) operate as monitoring and enforcement mechanisms for illegal agricultural land conversion.