Legal Mandate
- DAR has exclusive authority to approve or disapprove conversion applications per E.O. 129-A.
- DAR may authorize reclassification and disposition subject to Sec. 65 of RA 6657.
Coverage
- Applies to all private agricultural lands, tenanted or not.
- Agricultural land includes land devoted to agriculture not classified as mineral, forest, or non-agricultural by DENR or HLURB before 15 June 1988.
Definition of Terms
- Conversion: Authorizing change in land use.
- Land Use Classification: Allocation of lands to specific uses via town planning.
- Zoning: Delineation of districts with permissible uses and restrictions.
- Zoning Ordinance: Legal regulation enforcing land use plans.
- Private Agricultural Lands: Lands suitable for agriculture owned by individuals or entities, including government-owned lands in proprietary capacity.
Policy Guidelines
- DAR’s primary mandate is equitable distribution of agricultural lands to tenants and farmworkers.
- Conversion subject to BP 337, RA 2264, EO 648, and post-1988 DAR approval.
- Conversion allowed only if:
- Land no longer economically feasible for agriculture certified by DA or is highly urbanized certified by HLURB.
- Land classified for non-agricultural uses in new or revised town plans approved by inter-agency task forces.
- No approved land use plans exist, conversion allowed if surrounding use is non-agricultural and compatible, subject to DENR ecological certification.
- No conversion applications allowed on land under DAR acquisition or distribution processes.
- Displaced farmer-beneficiaries entitled to disturbance compensation not less than five times annual harvest value, plus homelots and employment opportunities.
- Conversion requires proof of project viability and community benefit; development must complete within specified time frames.
- Land use plans and zoning ordinances preparation involve multi-agency coordination.
Who May Apply
- Private landowners or authorized persons including licensed developers.
- Agrarian Reform beneficiaries with five years post-award and fully paid obligations.
- Government agencies including GOCCs.
Documentary Requirements
- Application form, title copies, power of attorney if applicable.
- Certification from HLURB alignment with land use plan.
- Certification from relevant DAR or HLURB officials on economic feasibility or urbanization.
- DENR ecological certification.
- Proof of financial and organizational capability.
- Statement on economic and social benefits.
- MARO certification of absence of agrarian beneficiaries if applicable.
- Proof or undertaking to pay disturbance compensation if beneficiaries exist.
- Additional certifications if an agrarian program beneficiary or government entity.
Protest or Opposition
- Any displaced person may file protest with the Provincial Agrarian Reform Adjudicator.
- Protest investigated and resolved accordingly; filing a protest does not bar processing if rules comply.
Cancellation or Withdrawal of Approval
- Grounds: Misrepresentation, failure to complete development timely, violations material to the grant.
- Petition for cancellation filed within 90 days.
- Authorities to decide after due notice and hearing.
Disapproved or Cancelled Cases
- Lands revert to compulsory CARP coverage and distribution to qualified beneficiaries.
Excusable Default
- One-year extension to complete development for valid reasons beyond control.
- Willful violation leads to prosecution.
Repealing Clause
- Repeals previous inconsistent administrative orders.
Transitory Provisions
- This order applies to applications filed after effectivity.
- Prior applications governed by rules applicable at their filing.
Effectivity
- Effective ten days after publication in two newspapers as per Section 49 of RA 6657.