Title
Land Use Conversion Procedures and Approval
Law
Dar Administrative Order No. 2
Decision Date
Mar 22, 1990
This administrative order establishes the procedural framework for processing and approving land use conversion applications, detailing the roles and responsibilities of municipal, provincial, and regional agrarian reform offices in ensuring compliance with agricultural suitability and tenant rights.
A

Application Submission Process

  • Applicant submits prescribed form and supporting documents.
  • Submission to the Municipal Agrarian Reform Office (MARO) in the area where the land is located.

Duties and Functions of the Municipal Agrarian Reform Officer (MARO)

  • Review completeness and compliance of documents.
  • Conduct field investigations and ocular inspections verifying:
    • Truthfulness of application details.
    • Agricultural devotion and suitability based on Department of Agriculture classifications.
    • Whether land falls within proper zones of the land use or town plan.
    • In absence of official land use plan, check dominant surrounding land use and compatibility with proposed use.
    • Existence of tenancy or farmworker relationships; interview occupants if present.
    • Agreement of tenants or farmworkers to disturbance compensation terms.
    • Collect other relevant decision-making information.
  • Post notices of intent to convert for at least two weeks at:
    • Land premises.
    • Barangay hall or barangay captain's residence if no hall.
    • Municipal hall.
  • Certify the posting after the notice period.
  • In case of protest or opposition, advise affected parties to file written protests, attaching these to investigation reports.
  • Prepare and submit report and recommendation with Land Use Conversion Folder (LUCF) to the Provincial Agrarian Reform Officer (PARO).
  • Complete duties within 20 working days from application receipt with complete documents.

Duties and Functions of the Provincial Agrarian Reform Officer (PARO)

  • Evaluate MARO reports and documents for completeness and compliance.
  • Forward LUCF with recommendations to the Regional Agrarian Reform Office (RARO) if satisfactory.
  • Conduct additional investigations if necessary, submitting supplemental reports.
  • Endorse protests/oppositions to the Provincial Agrarian Reform Adjudicator (PARAD) or Provincial Hearing Officer for resolution.
  • Obtain and file copies of decisions on protests/oppositions.
  • Complete duties within 10 working days from receiving the LUCF from the MARO.

Duties and Functions of the Regional Agrarian Reform Office (RARO)

  • Regional Director approves or disapproves land conversions of 5 hectares or less.
  • For land conversions above 5 hectares, evaluate PARO reports and forward LUCF with recommendations and draft orders to the Undersecretary for Legal Affairs.
  • Furnish approval copies to relevant Undersecretaries and the Secretary.
  • Complete duties within 10 working days from LUCF receipt.

Role of the Office of the Undersecretary for Legal Affairs

  • Review all LUCFs and approve or disapprove conversion applications for lands up to 50 hectares.
  • Forward applications for more than 50 hectares to the Office of the Secretary with recommendations.
  • Complete duties within 10 working days from receiving LUCFs from RARO.

Role of the Office of the Secretary

  • Approve land use conversion applications exceeding 50 hectares.

Monitoring Compliance

  • MARO monitors compliance with terms and conditions from the approval Order; submits periodic reports to the Regional Director.
  • RARO submits quarterly reports to the Secretary on all pending, approved, or disapproved applications.
  • Undersecretary for Field Operations monitors overall implementation and submits quarterly reports to the Secretary.

Effectivity of the Rules

  • Effective ten days after publication in two newspapers of general circulation.
  • Pursuant to Section 49 of RA 6657.

These procedures establish a clear, multi-tiered administrative framework ensuring thorough investigation, public notice, consideration of tenure and tenancy, and hierarchical approval authority corresponding with the size of the land involved, thereby protecting agrarian reform and regulatory compliance in land use conversion processes.


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