Law Summary
Legal Mandate of the Department of Agrarian Reform (DAR)
- DAR has authority to approve/disapprove land use conversion applications (Exec. Order 129-A).
- Exclusive approval power for conversions to residential, commercial, industrial uses.
- Empowered by R.A. 6657 to authorize conversions under conditions.
- Must consider comprehensive land use plans and LGU ordinances.
Definitions
- Agricultural Land: Land devoted to agriculture excluding mineral, forest, residential, commercial, industrial.
- Comprehensive Land Use Plan: Document mapping land allocation, distribution, and development criteria.
- Environmentally Critical Areas: Includes natural parks, watersheds, endangered species habitats, flood-prone areas, prime agricultural lands, and more.
- Highly Restricted Areas: Prime agricultural lands requiring moderate management.
- Land Use Conversion: Changing agricultural land to approved non-agricultural uses.
- Network of Protected Areas for Agriculture (NPAA): Reserved agricultural lands critical for food production and sustainability.
- Private Agricultural Lands: Agricultural lands owned by private persons/entities.
- Reclassification: Changing agricultural land use per land use plan.
- Regional Agro-Industrial Growth Centers & Growth Corridors: Locations prioritized for industry-agriculture integration.
- Socialized Housing, Special Economic Zones, Tourism Development Areas defined with specific land use focus.
- Zoning: Divides city/municipality into functional zones limiting land use.
Eligibility to Apply for Conversion
- Private agricultural landowners or authorized representatives.
- Farmer-beneficiaries of Agrarian Reform after 5 years from award and full payment.
- Government agencies and government-controlled corporations.
Coverage of Rules
- All private agricultural lands, untitled agricultural lands, and lands reclassified by LGUs after June 15, 1988.
- Includes lands for livestock, poultry, and swine raising.
Policies and Guidelines
General Policies
- Prioritize rational, sustainable use of land resources.
- Protect prime agricultural lands and complete Comprehensive Agrarian Reform Program.
- Ensure food security and sustainable land use.
- Promote regional industrialization and socialized housing.
- Encourage participatory land use planning.
General Guidelines
- DAR's primary mandate is agricultural land distribution.
- Conversion allowed only on lands reclassified by LGUs and approved by HLURB or SP after June 15, 1988.
- Conversion may be granted if dominant local land use is non-agricultural.
- Non-negotiable areas for conversion include protected areas, irrigated lands under DA/NIA programs, and lands with irrigation infrastructure.
- Highly restricted conversion areas require social benefit cost analysis and environmental clearance.
- Priority conversion in regional industrial centers, tourism areas, and socialized housing sites, if not in no-conversion zones.
- Farmers affected shall receive compensation, livelihood support, and possible participation in development.
- Conversion approval contingent on project viability and timely land development (1 year per 5 hectares, max 5 years).
Documentary Requirements
General
- Application forms, proof of land ownership/title, maps, development plans, financial and organizational credentials.
- Certifications on zoning, agricultural classification, environmental status.
- Filing fee proof.
Additional for Agrarian Reform Beneficiaries
- Certification of awardee status and payment completion.
For Highly Restricted and Priority Areas
- Social benefit cost analysis and Environmental Impact Assessment (EIA)/Environmental Clearance Certificate (ECC).
- Endorsement from NEDA for priority areas.
Application Procedures
- Obtain and complete required forms/documents.
- File with designated DAR office (Regional or Central CLUPPI).
- Certification of document completeness issued.
- Posting of Notice on Land Conversion in municipality for 15 days.
- Ocular inspection within 5 working days post-posting.
- Field investigation and dialogue with applicants and farmers.
- Investigation report and recommendation within determined timelines.
- Approving authorities: Regional Director for ≤5 hectares; Undersecretary for ≤50 hectares; Secretary for >50 hectares.
- Aggregate area rules to determine approving authority.
Role of PARC Land Use Technical Committee
- Advisory body assisting approving authorities in decision-making.
Filing Fees
- Fixed and additional fees vary by region and office where application is filed.
Sanctions and Penalties
- Sanctionable acts: misrepresentation, failure to comply with conditions, premature development, other rule violations.
- Penalties escalate from warnings to cancellation of conversion order and blacklisting.
- Other legal remedies remain available.
Issuance and Distribution of Conversion Orders
- Orders returned to regional offices for monitoring.
- Copies distributed to concerned parties.
Appeals
- Motion for Reconsideration from Regional Director within 15 days.
- Appeal to Secretary with fee; Secretary decision appealable to Office of the President or Court of Appeals.
Posting of Conversion Order
- Developer must publicly post conversion order details.
- Failure to post may suspend development and possibly cancel the order.
Monitoring of Compliance
- Regional DAR units monitor compliance.
- Monthly and quarterly reports submitted to central offices and Secretary.
Handling Protests or Oppositions
- Protests evaluated; recommendations forwarded to approving authority for resolution.
Transitory Provisions
- Applicability to applications filed after effectivity; previously filed applications governed by former rules except procedural aspects.
Penal Provisions
- Unauthorized conversion is subject to criminal prosecution; such lands reverted to CARP.
Repealing Clause
- This Order supersedes previous inconsistent issuances except certain Memorandum Circular.
Effectivity
- Takes effect 10 days after publication in national newspapers.