Law Summary
Definitions
- Agricultural lands: lands fit for farming, raising livestock, aquaculture, not reclassified as non-agricultural before June 15, 1988.
- Areas highly restricted from conversion: certain lands requiring additional approvals.
- Areas non-negotiable for conversion: lands not eligible for conversion.
- Comprehensive Land Use Plan: document mapping community land use allocation.
- Conversion Moratorium: temporary ban on conversion of irrigated and strategic lands (1998-2003).
- Environmentally Critical Areas (ECAs): legally protected sensitive ecological/social/geological areas.
- Illegal conversion: conversion done to avoid CARP coverage or dispossess tenants.
- Irrigable and irrigated lands: lands suitable or serviced by irrigation.
- Land Use Conversion: changing agricultural land use with DAR approval.
- Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD): designated agricultural zones to ensure sustainable growth.
- National Integrated Protected Areas System (NIPAS): protected ecological zones under law.
- Prime Agricultural Lands: lands providing optimal yield with minimal input.
- Project Feasibility Study: assessment of viability and benefits of proposed land use.
- Reclassification: specifying non-agricultural land uses per plan.
- Socialized Housing: housing for underprivileged under government/EO standards.
- Special Economic Zone (ECOZONE): areas for industrial, commercial, agro-industrial development.
- Unauthorized conversion: use change without DAR order or beyond allowed uses.
- Zoning and Zoning Ordinance: local land use regulation.
Coverage
- Rules apply to conversion for non-agricultural uses, change in agricultural activities exempting CARP coverage, unauthorized or post-RA 6657 reclassifications.
- Lands non-negotiable for conversion: NIPAS areas, irrigated lands, irrigable lands with funding, private irrigated lands.
- Highly restricted areas: irrigable without irrigation projects, agro-industrial croplands, highlands 500m+, lands under land valuation or CARP agreements, ECAs.
- Priority development areas: regional agri-industrial centers, tourism areas, socialized housing sites, ECOZONE projects.
- Conversion moratorium in SAFDZ from 1998 to 2003 with 5% allowable conversion.
Conversion Procedures
- Criteria for conversion include economic infeasibility of agriculture, urbanization, compliance with land use plans, environmental sustainability.
- Applicants: private owners, agrarian reform beneficiaries (after 5 years and full payment), government agencies with patrimonial land.
- Documentary requirements: application, title, photos, socio-economic study, proof of capability, tenant info and disturbance compensation, certifications on zoning, classification, environment.
- Filing and fees: application filed with DAR, inspection and fees vary by land area.
- Processing includes notice posting, field investigation, deliberation, reimbursement to government for investments in SAFDZ conversions.
- Specific streamlined procedure for priority development areas.
- Cash bond (2.5% zonal value) upon filing, refundable or converted to performance bond; performance bond posted after approval.
- Disturbance compensation to tenants/bona fide occupants not less than 5 times average recent harvest; monitored by DAR.
Protests and Oppositions
- Any person displaced or affected may file protest within 15 days of notice posting.
- Grounds include ineligibility of land for conversion, disproportionate adverse effects, misrepresentation, illegal conversion, evasion of CARP.
- Resolved together with application by approving authority.
Approving Authorities
- Regional Director: up to 5 hectares.
- Undersecretary: over 5 to 50 hectares.
- Secretary: over 50 hectares and all highly restricted areas.
- Aggregate ownership and location determine authority level.
- Conversion order effects binding on successors, annotated on title, subject to development schedule and CARP rights.
- Motion for reconsideration within 15 days; stay of execution pending reconsideration.
Appeals
- Applicant or protestant may appeal within 15 days.
- Appeals route: Regional Director decisions to Secretary; Undersecretary decisions to Secretary; Secretary decisions to Office of the President or Court of Appeals.
- Fees and procedural rules apply; pauper litigant status for small farmers and workers.
- Appeals to Secretary or OP generally stay execution; to Court of Appeals decision is immediately executory.
Cancellation or Withdrawal of Conversion Orders
- Petition for cancellation within 90 days of discovery, or up to 1 year from order issuance.
- Grounds: misrepresentation, non-compliance, lack of jurisdiction, failure on disturbance compensation, conversion beyond authorized use, other rule violations.
- Non-litigious proceedings with due process; decision within 30 days.
- Cancelled orders revert land to agricultural status subject to CARP.
Monitoring
- Provincial/City Task Forces monitor illegal conversions.
- Quarterly compliance reports by landowner/developer and DAR offices.
- BARCs and NGOs may assist.
Illegal, Premature, Unauthorized Conversion
- Prohibited acts include conversion to evade CARP, conversion outside urban centers post-1988, premature and unauthorized conversion.
- Landowners/developers and officers liable.
- DAR officials and Task Forces investigate and gather evidence.
- Administrative investigation may lead to cease and desist orders, penalties, forfeiture of bonds.
- Criminal prosecution for illegal and premature conversion; unauthorized conversions punished administratively.
Penalties and Sanctions
- Administrative sanctions: cancellation of conversion, blacklisting, disapproval of applications, CDO issuance, bond forfeiture.
- Criminal penalties: imprisonment from 1 month to 6 years, fines, forfeiture of land/improvements depending on offense.
Transitory and Final Provisions
- Suspension of conversion application approvals lifted.
- New rules apply to applications filed after effectivity; pending cases under previous rules except procedures.
- Repeals inconsistent orders, effective 10 days post-publication.
- Separability clause protects validity of other provisions if any part struck down.