Law Summary
Conditions for Automatic Conversion of Agricultural Lands
The Secretary shall issue a general order declaring the conversion of agricultural lands to non-agricultural uses under the following conditions:
- Lands are untenanted and situated within residential, commercial, or industrial zones per land use plans approved by the Housing and Land Use Regulatory Board (HLURB).
- Lands are untenanted but located outside the specified zones if intended for government projects or government-private joint ventures, supported by a city/town ordinance and HLURB concurrence.
- Awarded lands that have met the five (5) year condition under Section 65 of R.A. 6657 where lands become unfeasible for agriculture or urbanized, subject to full payment of beneficiary obligations.
- Lands not applied for under Voluntary Offer to Sell, Stock Distribution Option, or Voluntary Land Transfer.
- Lands not subject to compulsory acquisition, except within retained areas of landowners.
Procedures for Conversion
- HLURB submits approved zoning ordinances reflecting land use plans.
- Secretary issues a general conversion order based on these ordinances.
- Provincial Agrarian Reform Officer (PARO) actions:
- Issues certification upon applicant request if land is covered by the Secretary's conversion order and not contested by tenants.
- Requirements for certification request include:
- Certified copy of land title(s)
- Location plan
- Certification from Municipal Agrarian Reform Officer (MARO) confirming no tenants/farmworkers
- Certification from local Zoning Administrator verifying zoning status
- DAR office certification verifying compliance with Section II conditions
- Copies of certification furnished to Secretary, Bureau of Land Development Director, Regional Director, and MARO.
- Bureau of Land Development (BLD) oversees order implementation and submits periodic reports to the Secretary.
Amendments and Effectivity
- This Administrative Order amends Section VII of Administrative Order No. 15, Series of 1988.
- The Order takes effect ten (10) days after publication in two newspapers of general circulation as required by Section 49 of R.A. 6657.
- The Order was adopted by Secretary Miriam Defensor Santiago on November 6, 1989, and became effective on November 24, 1989.