DA ADMINISTRATIVE ORDER NO. 02

The reclassification of private agricultural lands to non-agricultural uses shall adhere to the following legal frameworks:
- Philippine Constitution, Article II, Section 21 and Article XII, Sections 1 and 2.
- Executive Order (EO) 292 (1987), RA 6657 (1988), RA 8435 (1997), EO 45 (2001), and the Department of Agriculture Charter.
These principles aim to enhance the efficiency of processing land use reclassification applications.

Key Legal References:
- Presidential Memorandum (April 16, 1999): Designates DAR A.O. No. 1 as the primary guideline for agricultural land conversion.
- DA A.O. No. 6 (1998): Limits conversion under Strategic Agriculture and Fishery Development Zones (SAFDZ).
- DAR A.O. No. 1 (2002): Requires certifications on land classifications.
- EO 292: Empowers the Department of Agriculture (DA) to manage agricultural land conservation.
- RA 7881: Amends definitions and coverage under RA 6657.

Key Definitions:
- Agricultural Lands: Lands suitable for soil cultivation and not classified as non-agricultural prior to June 15, 1988.
- Illegal Conversion: Unauthorized change of land use to avoid RA 6657 application.
- Land Use Conversion: Process of changing agricultural land use, requiring DAR approval.
- SAFDZ: Areas identified for agricultural and fisheries development.

Applicability:
- Guidelines apply to land being converted to residential, commercial, or industrial use, and to agricultural activities exempting lands from the Comprehensive Agrarian Reform Program (CARP).
Included Lands:
- Irrigated and irrigable areas, alluvial plains, and ecologically fragile lands are prioritized against reclassification.

Regional Technical Committee (RTECLUM):
- Chaired by the DA-RFU Regional Executive Director.
- Composed of technical staff from relevant agencies.
National Technical Committee (NTECLUM):
- Inter-agency committee overseeing evaluations and recommendations for applications.

Eligible Applicants:
- Owners of private agricultural lands or authorized representatives.
- Government agencies and local government units owning agricultural lands.

Applicants must submit:
- Notarized sworn declaration, proof of ownership, zoning certifications, and various other documents, including maps and photographs.
Important timeframes:
- Land ownership proof must be certified within 30 days prior to application.

Filing and Inspection Fees:
- Fees vary based on the area applied for, ranging from P1,750 for 15 hectares and below to P3,000 for over 30 hectares for filing fees, and inspection fees from P5,000 to P10,000 correspondingly.

Factors considered include:
- Land irrigation status, community food production, existing agricultural productivity, and project compatibility with agro-industrial development.

Application Process:
- Applicants must file with the RTECLUM, which will then conduct a field investigation and submit recommendations to the NTECLUM for final evaluation.
Decision Making:
- Decisions made by the DA Secretary or authorized signatory, with notifications to applicants.

Applications for housing purposes are approved by the RED for areas below 5 hectares and by the Secretary for larger areas.

Applicants can file a motion for reconsideration within 15 days of receiving a disapproval notice, to be resolved within 60 days.
The decision on such motions is final and non-appealable.

The order takes effect ten days after publication in two newspapers of general circulation.

The Revised Guidelines streamline the process for agricultural land reclassification, emphasizing adherence to existing laws and environmental considerations.
The application process is structured with clear eligibility criteria, documentary requirements, and defined fees.
The DA maintains oversight through established technical committees, ensuring compliance with agricultural land management principles.