In view of recent developments and the need to provide more effective mechanism and efficient service in the processing and evaluation of applications for land use reclassification, the guidelines for the issuance of DA certificate of eligibility for the reclassification of agricultural lands is hereby revised.


I. GOVERNING PRINCIPLES

The reclassification of private agricultural lands to non-agricultural uses shall be guided by the Philippine Constitution, Article II, Section 21, and Article XII, Section 1; Section 2, Executive Order (EO) 292, series of 1987; the pertinent provisions of Republic Act 6657 of 1988; Republic Act 8435 of 1997; EO 45, series of 2001; and the Department of Agriculture ™s Charter on Agricultural Land.


II. LEGAL BASES

1.Presidential Memorandum dated April 16, 1999 providing that DAR A.O. No. 1 series of 1999 shall serve as the primary guideline on the conversion of agricultural lands to non-agricultural which require the DA to classify/reclassify the land.

2. DA A.O. No. 6 Series of 1998 Rule 9.3 (Implementing Rules and Regulations of the AFMA) providing that the conversion of use from agricultural to non-agricultural lands covered under the Strategic Agriculture and Fishery Development Zone (SAFDZ) as set forth in the A.O. establishing the SAFDZ shall be limited per Sections 9 and 12, in addition to any existing rules, regulations and procedures regarding applications for land use conversion and the protection of watershed areas, including R.A. 6657, Presidential A.O. 20 and 363, and Section 20 of R.A. 7160.

3. DAR A.O. No. 1 Series of 2002 requiring certification from the Department of Agriculture stating, among others, the classification of the property under the Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) and Strategic Agriculture and Fisheries Development Zones (SAFDZ).

4. EO 292 also known as the Revised Administrative Code of 1987, in its Title IV, Chapter 1, Section 2, stating that the Department of Agriculture is the agency responsible for the promotion of agricultural development by providing the policy framework, public investment, and support services needed for domestic and export-oriented business enterprises.

The above Code also empowers the DA to promulgate and enforce all laws, rules and  regulations governing the conservation and proper utilization of agricultural and forestry resources.

5.  R.A. 7881 as it amend Sections 3-B, 10 and 11 of R.A. 6657 pertaining to the (1) definition of agricultural activity; (2) exempting prawn farms and fishponds from the coverage of the CARL; and (3) including commercial livestock, poultry and swine raising, and aquaculture including fishponds and prawn farms from the classification of commercial farms that are due for coverage under the CARP after a ten-year deferment period, respectively.

III. DEFINITION OF TERMS

1. Agricultural Lands as amended by Section 3-B of R.A. No. 7881 refer to lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations by persons whether natural or juridical, and not classified by law as mineral land forest or timber, or national part nor reclassified as residential, or commercial, industrial or other non-agricultural uses before June 15, 1988.

2. Illegal Conversion is the conversion by any landowner of his agricultural land into any non-agricultural use with intent to avoid the application of R.A. 6657 to his landholding and to dispose his tenant farmers of the land tilled by them; or the change of the nature of lands outside urban centers and city limits either in whole or in part after the effectivity of R.A. 6657, as provided in Sec. 73 (c) and (e), respectively, of the said Act.

3. Irrigable Lands refer to lands which display marked characteristics justifying the operation of an irrigation system.

4. Irrigated Areas/Lands refer to lands serviced by natural irrigation or irrigation facilities. These include lands where water is not readily available as existing irrigation facilities need rehabilitation or upgrading or where irrigation water is not available year-round.

5. Land Use Conversion refers to the act or process of changing the current use of a piece of agricultural land into some other use as approved by the DAR.

6. Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAD) refers to agricultural areas identified by the Department of Agriculture through the Bureau of Soils and Water Management (BSWM), in coordination with the National Mapping and Resource Information Authority (NAMRIA), in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers all irrigated areas; all irrigable lands already covered by irrigation projects with firm funding commitments; all alluvial plain lands highly suitable for agriculture, not irrigated; agro-industrial croplands or lands planted to industrial crops that support the viability of existing agricultural infrastructure and agro-based enterprises; highlands or areas located at an elevation of five hundred (500) meters and above that have the potential for growing semi-temperate and high value crops; all agricultural lands that are ecologically fragile, the conversion of which will result in serious environmental degradation; mangrove areas and fish sanctuaries; and all fishery areas as defined pursuant to the Fisheries Code of 1998.

7. Premature Conversion of Agricultural Land is the undertaking of any development activities, the results of which modifies or alters the physical characteristics of Agricultural lands to render them suitable for non-agricultural purposes without any approved Order of Conversion from the DAR ( DAR A.O.7, s. 1997).

8. Private Agricultural Lands refer to agricultural lands as defined herein and owned by natural or juridical persons or by the government in its proprietary capacity.

9. Reclassification of Agricultural Lands refers to the at of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, commercial, as embodied in the land use plan, subject to the requirements and procedure for land use reclassification undertaken by the local government unit (LGU) in accordance with Section 20 of RA 7160 and Joint Housing and Land Use Regulatory Board (HLURB), DAR, DA and Department of Interior and Local Government (DILG) MC 54-1995) and as provided for in these Guidelines. It also includes the reversion of non-agricultural lands to agricultural use.

10. Strategic Agriculture and Fisheries Development Zone (SAFDZ) refers to areas within the NPAAAD identified for production, agro-processing and marketing activities to help develop and modernize, with the support of the government, the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner.

11. Unauthorized Conversion is the act of changing the current use of the land from agricultural (e.g. riceland) to another agriculture use, the effect of which is to exempt the land from CARP coverage (e.g. livestock) without an order of conversion from DAR, or changing the use of the land other than that allowed under the order of conversion issued by DAR.

IV. COVERAGE

1. Applicability of Rules -  These guidelines shall apply to the issuance of DA Certification consistent with DAR A.O. No. 1, series of 2002 on land conversion which include the following:

1.1 Those to be converted to residential, commercial, industrial, institutional and other non-agricultural purposes;

1.2 Those to be devoted to another type of agricultural activity such as livestock, poultry, and fishpond, the effect of which is to exempt the land from CARP Coverage;

1.3 Those to be converted to non-agricultural use other than that previously authorized; and

1.4 Those reclassified to residential, commercial, industrial, or other non- agricultural uses on or after the effectivity of R.A. 6657 on June 15, 1988 pursuant to Section 20 of R.A. 7160 and other pertinent laws and regulations, and are to be converted to such uses. However, for those reclassified prior to June 15, 1988, the guidelines on securing exemption clearance shall apply.

2. Lands within NPAAAD

2.1 Irrigated areas;

2.2 All irrigable lands already covered by irrigation projects with firm funding commitments;

2.3 Alluvial plain lands highly suitable for agriculture, not irrigated;

2.4 Agro-industrial croplands or lands planted to industrial crops that support the viability of existing agricultural infrastructure and agro-based enterprises;

2.5 Highlands or areas located at an elevation of 500 meters and above that have the potential for growing semi-temperate and high-value crops;

2.6 Agricultural lands that are ecologically fragile;

2.7 Mangrove areas and fish sancturaries;

2.8 All fishery areas as defined pursuant to the Fisheries Code of 1998.

3.  Lands within SAFDZs - In accordance with Section 9 of R.A. 8435, the following
rules shall govern reclassification of lands within the SAFDZ;

3.1 All irrigated lands, irrigable lands already covered by irrigation projects with firm funding commitments, and lands with existing or having the potential for growing high-value crops included within the SAFDZs are non-negotiable for land use reclassification or conversion.

3.2 Reclassification may be allowed, if at all, on a case to case basis, subject to existing laws, rules and regulations on land use conversion.

V. TECHNICAL COMMITTEES:

1. THE REGIONAL TECLUM (RTECLUM)

The RTECLUM shall be headed by the DA-RFU Regional Executive Director and with members from the technical staff of the RFU, National Irrigation Administration (NIA), Philippine Coconut Authority (PCA) and Sugar Regulatory Administration (SRA). Other concerned agencies will be on-call basis. The final composition thereof shall be submitted by the Regional Director to the NTECLUM and to the DA Secretary or his authorized signatory for information and proper coordination.

2. THE NATIONAL TECLUM (NTECLUM)

The NTECLUM shall be:

2.1 An Inter-Agency Committee composed of one representative each from:

Chair - Director, BSWM
Members - Representative from PIA, PCA and SRA

2.2.  Have a Secretariat headed by the BSWM, which shall be composed of a Chair, Co-Chair, and at least five (5) members, whose names shall be submitted by the NTECLUM to the DA Secretary or his authorized signatory, who shall likewise be updated on any changes therein.

VI. WHO MAY APPLY FOR RECLASSIFICATION

The following persons/entities may apply for reclassification:

1.  Owners of private agricultural lands or other persons duly authorized by the land- owner; and

2.  Government agencies, including government-owned or controlled corporations, and local government units, owning agricultural lands as part of their patrimonial property.

VII. DOCUMENTARY REQUIREMENTS

1. Notarized Sworn Declaration of Application for Land Use Reclassification;

2. Proof of Ownership of Land e.g. Certified true copy of the OCT/TCT and/or other documents establishing ownership duly certified by the Register of Deeds not later than thirty (30) days prior to filing. If at the time of application, the landholding is an untitled agricultural land, the following shall be required in lieu of a Certified true copy of the title:

2.1 Certification of the DENR Community Environment and Natural Resources Officer (CENRO) that the landholding has been classified as alienable and disposable;

2.2 Certification of  the DENR CENRO (for administrative confirmation of imperfect title) or the Clerk of Court of regular courts (for judicial confirmation of imperfect title) that the titling process/proceeding has commenced; and there are no adverse claimants.

NOTE: If the title has any encumbrances, mortgages, a Certification by the lending institution/mortgagee that he has no objection to the application, shall be required.

3. Special Power of Attorney (if Petitioner/Applicant is other than the owner of the land) or Board Resolution if the owner is a Corporation (with signature of members);

4. Map of the Area/Parcellary Map prepared by a Licensed Geodetic Engineer indicating the Name of Owner, Title No.; and Area);

5. Location Map with sufficient reference points for proper identification of lot/s applied for;

6. Zoning Certification from HLURB signed by Regional Officer/Deputized Zoning Administrator stating the specific zone of the subject property;

7. Photographs of the area (5R size) with captions duly certified by a member of the RTECLUM Inspection Team:

8. Certification from the NIA (5 hectares and above to be signed by the Regional Irrigation Manager);

9. Certification from the Sugar Regulatory Administration (SRA) (if applicable);

10. Certification from the PCA signed by Regional Manager (if applicable);

11. Certification from the Fiber Industry Development Authority (FIDA) (if applicable);

12. Certification from the Bureau of Fisheries and Aquatic Resources (BFAR) (if applicable);

13. Official Receipt of payment of filing fee and inspection fee;

14. Field Investigation Report by the RTECLUM.

NOTED: All certifications shall be issued in the name of the applicant or his duly authorized representative.

VIII. CERTIFICATION FEES

The DA-RFUs, through its cashiering unit, shall collect filing and inspection fees per application with complete set of documentary requirements, on the following rates and to be paid at the time of application, to wit:
     

Area Applied For Filing Fee Inspection Fee       15 hectares and below P1,750.00 P5,000.00 Above 15 hectares to 30 hectares P2,000.00 P7,500.00 More than 30 hectares P3,000.00 P10,000.00

NOTE: The rates for the attached agencies are as provided for by their Board of Directors.


IX. CRITERIA FOR RECLASSIFICATION OF AGRICULTURAL LANDS

The factors under Rule 9.5 of DA A.O. No. 6, series of 1998 to be considered in approving/disapproving applications for conversion shall not be limited to the following:

1. Not irrigated lands;

2. Not irrigable lands with firm funding commitment;

3. Not potential for growing high value crops;

4. The reclassification of land use is consistent with the natural expansion of the municipality or locality, as contained in the approved physical framework and land use plan;

5. The area to be reclassified in use is not the only remaining food production area of the community;

6. The land use reclassification shall not hamper the availability of irrigation or the productivity of nearby farmlands;

7. Areas with lower productivity will be accorded priority for land use reclassification;

8. The proposed project is supportive to agro-industrial development and will generate alternative livelihood opportunities for the affected community.

X. PROCEDURES

1. Applicant shall file with the RTECLUM at the DA-RFU Office the duly accomplished DA-LUR Form 1, together with all the documentary requirements enumerated in Item VII of this DA AO.

1.1 RTECLUM receiving officer shall review the documents for completeness; if incomplete, it shall require the applicant to submit lacking documents.

1.2 If the land applied for has NOTICE of CARP coverage and/or had been prematurely converted, the application shall not be accepted.

1.3 The RTECLUM shall conduct field investigation for all applications upon receipt of complete application and payment of filing and inspection fees. The report must include the following information:

a. Location and accessibility;
b. Limitations to agricultural production, such as steep slope, unstable soil condition (landslide, erosion, etc.), inadequate land drainage; very shallow soil, stony, rocky soil; very serious boulder problem.
c. Existing land use;
d. Indications of premature development or alteration of land use (with photographs);
e. Land use of adjoining area;
f. Indication of non-agricultural development;and
g. Potential for agricultural production.

1.4 RTECLUM shall submit its report, together with the Land Use Reclassification Folder (LURF) containing all the documentary requirements of the application, to the DA RED.

1.5 DA-RED shall review and submit the results and initial recommendations to the NTECLUM for final evaluation.

2. The NTECLUM shall further review the application and accompanying documents for its completeness, as well as the results of field investigation and their consistency with the SAFDZ and NPAAAD maps.

2.1 When necessary, the NTECLUM may ask for additional field investigation to the RTECLUM defining specific data requirements needed for its final evaluation.

2.2 The NTECLUM may conduct its own investigation, if needed, to ensure that all appropriate requirements are properly complied with before the application is finally endorsed to the DA Secretary or his authorized signatory for final DA approval.

2.3 If necessary, the NTECLUM may call on other agencies to assist in the technical evaluation of the application for land use reclassification.

2.4 The NTECLUM shall promptly notify the applicant/authorized representative of any additional requirements through telephone call and registered mail with return card.

2.5 The NTECLUM, after due evaluation/ocular investigation or validation, shall submit its findings and recommendations together with the LURF directly to the DA Secretary or his authorized signatory.

3. The DA Secretary or his authorized signatory shall review the application and issue the Certificate of Eligibility or Notice of Disapproval thereof. The DA Secretary or his authorized signatory shall send the original of the Certificate of Eligibility or Notice of Disapproval directly to the applicant/authorized representative or through the DA-RFU concerned retaining a certified photocopy of the certificate for record/reference purposes. A certified photocopy shall be provided to the NTECLUM Secretariat and the Records Section of the BSWM.

4. The entire records of the application shall be retained by the DA Secretary or his authorized signatory, for future reference, particularly for the purpose of deciding on Motions for Reconsideration filed by the applicant after disapproval of the application by the DA Secretary or his authorized signatory.

XI. APPROVING AUTHORITIES FOR APPLICATIONS FOR RECLASSIFICATION OF AGRICULTURAL LANDS FOR HOUSING PURPOSES

The following DA officials shall approve or disapprove applications for housing purposes, thus:

1. The RED or his designated Regional Technical Director for areas outside of SAFDZ and within a total area of five (5) hectares and below. The RED shall provide the Secretary or his authorized signatory, a monthly report of all applications approved/disapproved indicating the Registered Owner; Title No.; Lot No.; Area Applied for; and Location of the Property, copy furnished the NTECLUM.

2. The Secretary or his designated/authorized official for areas covering more than five (5) hectares.

XII. MOTION FOR RECONSIDERATION

1. The applicant or the protestant may file a motion for reconsideration to the DA Secretary or his authorized signatory within fifteen (15) days from receipt of a copy of the Notice of Disapproval of the application from the DA Authorized Signatory.

2. The Motion for Reconsideration shall be resolved by the DA Secretary or his duly authorized official within an extendible period of sixty (60) days from receipt of the Motion for Reconsideration.

3. The DA Action on the Motion for Reconsideration shall be final and non-appealable.

4. Motions for Reconsideration for denied applications prior to the effectivity of this A.O. shall be given due course by the DA Secretary or his authorized signatory if filed within thirty (30) days from the effectivity hereof.

5. Likewise, all records of pending Motions for Reconsideration shall be forwarded to the DA Secretary or his authorized signatory for review and resolution.

XIII. REPEALING CLAUSE

This A.O. shall repeal all previous issuances inconsistent herewith.


XIV. EFFECTIVITY

This A.O. shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.

Adopted: 6 January 2011


(SGD.) PROCESO J. ALCALA
Secretary