Legal Bases
- Presidential Memorandum of April 16, 1999, designates DAR AO No. 1 (1999) as primary guideline.
- DA AO No. 6 (1998) restricts conversion within Strategic Agriculture and Fishery Development Zones (SAFDZ).
- DAR AO No. 1 (2002) requires certification on land classification within NPAAAD and SAFDZ.
- EO 292 (Revised Administrative Code, 1987) empowers DA for agricultural resource conservation and policies.
- RA 7881 amends RA 6657 provisions on agricultural activity definitions and coverage exemptions, particularly on prawn farms and commercial livestock.
Definition of Terms
- Agricultural Lands: lands suitable for crop cultivation, farming activities, excluding mineral, forest, national park lands.
- Illegal Conversion: changing agricultural lands to non-agricultural use to avoid CARP or without authority.
- Irrigable Lands: lands justifying irrigation system operation.
- Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD): key agricultural zones identified by DA for sustainable agriculture.
- Reclassification: process of changing agricultural land use to non-agricultural purpose under legal procedures.
- Strategic Agriculture and Fisheries Development Zone (SAFDZ): designated zones promoting sustainable agricultural and fishery production.
- Unauthorized Conversion: conversion without DAR order or beyond approved uses.
Coverage
- Guidelines apply to conversion to residential, commercial, industrial, and non-agricultural uses, or changes exempting land from CARP.
- Covers lands within NPAAAD including all irrigated/irrigable areas and ecologically fragile zones.
- Reclassification within SAFDZ is mostly prohibited except on case-by-case basis.
Technical Committees
- Regional Technical Land Use Committee (RTECLUM): headed by DA Regional Executive Director with agency representatives; performs field investigations.
- National Technical Land Use Committee (NTECLUM): inter-agency committee conducts final evaluation and technical review; headed by BSWM Director.
Who May Apply
- Private landowners or authorized representatives.
- Government agencies and local government units owning agricultural lands.
Documentary Requirements
- Includes notarized sworn declaration, proof of ownership (OCT/TCT or DENR certification), special power of attorney or corporate board resolution, maps by licensed engineers, zoning certification, agency certifications (NIA, PCA, SRA, BFAR, etc.), photographs, payment receipts, and field investigation report.
- For untitled lands, certifications on alienability and titling proceedings are needed.
Certification Fees
- Fees vary based on land area: filing fees range from ₱1,750 to ₱3,000; inspection fees range from ₱5,000 to ₱10,000.
- Fees for attached agencies set by their boards.
Criteria for Reclassification
- Priority for lands that are non-irrigated or non-irrigable.
- Consistency with local land use plans and not threatening key food production areas.
- Should not affect irrigation or farm productivity negatively.
- Preference for areas with lower agricultural productivity.
- Proposed projects should support agro-industrial development and generate livelihood.
Procedures
- Applicants file complete documents with RTECLUM.
- Applications with CARP notices or premature conversion are rejected.
- RTECLUM conducts field investigations, documents findings, and submits to DA Regional Executive Director.
- NTECLUM performs further reviews and may request additional investigations.
- DA Secretary or authorized official issues Certificate of Eligibility or Notice of Disapproval.
- Records kept for reference and reconsideration.
Approving Authorities for Housing Reclassification
- DA Regional Executive Director approves projects ≤5 hectares outside SAFDZ.
- DA Secretary approves projects >5 hectares.
- Monthly reports of approvals/disapprovals must be submitted.
Motion for Reconsideration
- Must be filed within 15 days after notice of disapproval.
- DA Secretary has 60 days to resolve; decision is final and non-appealable.
- Motions filed within 30 days from issuance of this AO for prior denials are allowed.
Repealing Clause
- This AO repeals all inconsistent previous issuances.
Effectivity
- Effective 10 days after publication in two newspapers of general circulation.