Land Conversion
Land Conversion
15
PRIMER: What is Land Use Conversion?
Land use conversion is the act or process of changing the current physical use of a
piece of agricultural land into some other use, as approved by Department of
Agrarian Reform.
7. Is DAR approval still necessary before an LGU can expropriate agricultural lands
for conversion to non-agricultural use?
No. There is no provision in the Comprehensive Agrarian Reform Law (CARL) which
expressly subjects the expropriation of agricultural lands by local government units
to the control of the Department of Agrarian Reform.
12. What are the priority development areas for land conversion?
(1) Proposed to be developed as sites for processing plants of agricultural products,
as certified by the Department of Agriculture; (2) Regional Agri-Industrial
Centers/Regional Industrial Centers (RAIC/RIC) identified by the Department of Trade
and Industry (DTI) and the DA pursuant to EO-124-1993; (3) Intended for Eco-zone
Projects, endorsed by Philippine Economic Zone Authority (PEZA) such as industrial
estates, export processing zones, free trade zones and tourist/recreational centers;
(4) Owned by the government and to be converted for projects of national interest,
as certified by the proper government agency; (5) Residential/Housing Projects; (6)
Intended for telecommunication facilities endo red by the National
Telecommunication Communication; (7) Tourism Development Areas (TDA) identified
by the Department of Tourism (DOT) pursuant to EO-124-1993.
18. Where can the application for land use conversion be filed?
If the land applied for conversion is five (5) hectares and below the applicants may
file their application at the (RCLUPPI), where the Regional Director has the approving
authority. If the land applied for is larger than five (5) hectares, the applicants may
file their application at the CLUPPI with the Secretary or a delegated Undersecretary
as the approving authority.
Illegal Conversion
21. What is an illegal conversion?
It is the conversion of the landowners agricultural land into the following reasons:
With the intent to convert the land into any non-agricultural use and to avoid the
application of RA 6657 to its landholdings; With the intent to dispossess the
landowners tenant farmers; or To sell, transfer, convey or change the nature of
lands outside urban centers and city limits, either in whole or in part, after the
affectivity of RA 6657.
27. What are the penalties and sanctions for illegal, premature and unauthorized
conversion?
Prohibited acts and omissions for illegal and premature conversion may be
administrative or criminal in nature. However, for unauthorized conversion, violator
may be sanctioned administratively only.
33. When the application for conversion has been approved, what does it mean?
The approval of an application for conversion has the following effects: (1) The use
of the land is limited to that specified in the Conversion Order; (2) It should be
subject to the schedule indicated in the detailed site development, work and
financial plans. The period of development does not extend five (5) years from
issuance of the Conversion Order except as authorized by the Secretary or
approving official on meritorious grounds; (3) The conditions are binding upon
successors-in-interest of the property; (5) The applicant allows duly authorized
representatives of DAR free and unhampered access to the property subject of the
Conversion Order to monitor compliance with the terms and condition thereof; (6)
The use authorized in the Conversion Order is annotated on the title of the subject
property; and (7) It is without prejudice to the ancestral domain claims of
indigenous peoples, if any, pursuant to RA 8371 or the Indigenous Peoples Rights
ACT.
35. When is a land use conversion order considered final and executory?
The Conversion Order or its denial becomes final and executory after: (1) All parties
are able to receive a copy of the Order; (2) The lapse of fifteen (15) calendar days
from receipt by the party who last receives a copy of the Order; and (3) No motion
for reconsideration or appeal has been filed. The Head of the Legal Division of the
Regional Office or the Bureau of Agrarian Legal Assistance (BALA) Director, as the
case may be, issues the appropriate Certificate of Finality.
38. Can an ARB still file a protest if the prescribed period for filing has lapsed?
An oppositor who is an identified Agrarian Reform-Beneficiary (ARB) of the land
applied for conversion, and who fails to file a written protest within the protest
period due to fraud, accident, mistake, or excusable neglect, may intervene at any
time while the application is still pending.
PARO action
40. What should be the action of the PARO for protests filed in his office?
Upon receipt of a protest, the PARO, before the end of the next working day,
communicates with the RCLUPPI/CLUPPI by telephone or text message, to inform the
members of such protest, and send a corresponding telegram and/or radiogram
which serves as written proof of compliance with the protest notification
requirement. Within four (4) working days from receipt of the protest, the PARO
transmits the protest, by courier or special delivery, to the RCLUPPI/CLUPPI the
original copy of the protest itself, and keeps a photocopy in his custody.
47. Who represents DAR in appeals to the Office of the President & to the Court of
Appeals?
The Secretary represents DAR in all appeals to the Office of the President. The Office
of the Solicitor General (OSG) represents DAR in all appeals to the Court of Appeals.
Alternatively, the OSG may deputize any DAR lawyer to represent the DAR in said
appeals.
49. What are the conditions that can lead to the revocation of a conversion order?
The following acts or omissions shall warrant revocation of the Conversion Order:
(1) Lack of jurisdiction of the approving authority; (2) Misrepresentation or
concealment of facts material to the grant of conversion; (3) Non-compliance with
the conditions of the Conversion Order; (4) Non-compliance with the agreement on
disturbance compensation payment; (5) Conversion to a use other than that
authorized in the Conversion, or any other serious violation of agrarian laws.
50. What are the procedures in the revocation or withdrawal of a conversion order?
Upon receipt of the petition, the approving authority shall order the respondent(s) to
file a comment within fifteen (15) days from receipt of said order. (1) The
proceedings shall be non-litigious in nature. Except for basic essential requirements
of due process, the approving authority shall avoid strict application of procedural
technicalities and rules governing admissibility and sufficiency of evidence
obtaining in judicial courts. (2) The approving authority shall undertake reasonable
means to find out the facts of the controversy, including a thorough examination of
witnesses in question, as may be necessary. (3) The approving authority shall
render a decision on the merits of the case within thirty (30) from the time the case
deemed submitted for resolution.
Source:
BATAS The Paralegals Guidebook on Agrarian Reform Laws, 2003
(Volume 5-Chapter 2 and 3)
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PANAGBENGA FESTIVAL 2017
Panagbenga Festival (Flower Festival in English) is a month-long annual flower
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DAR-Cagayan launches two Agrarian Reform Community (ARC) Clusters
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Cagayan Grains Central ARC Cluster, on December 20, 2016 in a ceremony held at
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Duterte, shall impose a moratorium on land use conversion of agricultural lands for
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program of the government.
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FAQs on: UNAUTHORIZED TRANSFERS or CONVEYANCES (of agricultural lands)
What does the rules on unauthorized transfer or conveyances provide?
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