ADMINISTRATIVE ORDER NO.

03
Series of 2017

Subject: 2017 RULES FOR AGRARIAN LAW IMPLEMENTATION (ALI) CASES

Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, or the "Comprehensive Agrarian Reform
Law of 1988" (CARL), as amended, and in order to foster a just; inexpensive, and expeditious
determination of agrarian cases, the following are the Department of Agrarian Reform (DAR) rules
governing the adjudication of cases involving Agrarian Law Implementation (ALI), amending DAR AO 3,
Series of.2003:

RULE I
Preliminary Provisions

Section 1. Title. These Rules shall be known as the "2017 Rules of Procedure for ALI Cases".

Section 2. ALI Cases. These Rules shall govern all cases arising from or involving:

2. Classification and identification of landholdings for coverage under the agrarian reform program and
the initial -issuance of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents
(EPs), including protests or oppositions thereto and petitions for lifting of such coverage;

2. Classification, identification, inclusion, exclusion, qualification, or disqualification of potential/actual

farmer-beneficiaries;

2. Subdivision surveys of land under Comprehensive Agrarian Reform Program (CARP);

2. Recall, or cancellation of provisional lease rentals, Certificates of Land Transfers (CLTs) and CARP
Beneficiary Certificates (CBCs) in cases outside the purview of Presidential Decree (PD) No. 816,
including the issuance, recall, or cancellation of Emancipation Patents (EPs) or Certificates of Land
Ownership Award (CLOAs) not yet registered with the Register of Deeds;

2. Exercise of the right of retention by landowner;

2. 6 Application for exemption from coverage under Section 10 of RA 6657, as amended;

2.7 Application for exemption pursuant ·to Department of Justice (DOJ) Opinion No. 44 (1990);

2. Exclusion from CARP coverage of agricultural land used for livestock, swine, and poultry raising;

2. Cases of exemption/exclusion of fishpond and prawn farms from the coverage of CARP pursuant to
RA 7881;

2. Issuance of Certificate of Exemption for land subject of Voluntary Offer to Sell (VOS)
and Compulsory Acquisition (CA) found unsuitable for agricultural purposes;

2. Application for conversion of agricultural land to residential, commercial, industrial, or other non
agricultural uses and purposes including protests or oppositions thereto;

2.12 Determination of the rights of agrarian reform beneficiaries to homelots;

2.13 Disposition of excess area of the tenant's/farmer beneficiary's landholdings;

2.14 Increase in area of tillage of a tenant/farmer- beneficiary;

2. 15 Conflict of claims in landed estates administered by DAR and its predecessors;

2.16 Cases or disputes, arising from the need for continued possession and installation of
agrarian reform beneficiaries;

2.17 Cases or disputes, arising from or regarding the maintenance of possession or reinstatement
of actual tillers not bound by any tenurial relations on landholdings devoted to agriculture;

2.18 In cases with resolutions, orders or decisions which have attained finality or have
been executed, the DAR in the exercise of its adjudicatory powers in the resolution of cases
 involving ALI is not barred from taking cognizance of new controversies arising from changes in the
conditions of the subject landholdings or parties; and

2.19 Such other agrarian cases, disputes, matters or concerns referred by the Secretary to
the Regional Director, other DAR Officials, or in other cases where the Secretary
assumes jurisdiction.

Section 3. Construction. In accordance with Section 50 of RA 6657, as amended, the DAR shall not be
bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases,
disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the
facts of every case in accordance with justice, equity, and the merits of the case. In case of doubt, the
deciding authority shall liberally construe or interpret these Rules in favor of carrying out the objectives of
agrarian reform, to promote a just, expeditious, and inexpensive determination of agrarian cases. All
references in these Rules in the masculine gender form (he/him/his) shall equally apply to the feminine
gender form (she/her/hers) or group form (it/its/their).

Section 4. Prejudicial Issue. When an ALI case raises a prejudicial issue, such issue being a DARAB
case, the Secretary/Regional Director shall dismiss without prejudice the case pending resolution of the
prejudicial question.

A prejudicial issue is defined as that which arises in an ALI case the resolution of which is a logical
antecedent of the issue involved therein, and the cognizance of which pertains to the DARAB.
Section 5. Referral of Cases. When a party erroneously files a case under Section 2 hereof before the
DARAB, the receiving official shall refer the case to the proper DAR office for appropriate action within
five (5) working days after determination that said case is within the jurisdiction of the Secretary. Likewise,
when a party erroneously ·files a DARAB case before any office other than the DARAB or its
adjudicators, the receiving official shall, within five (5) working days, refer the case to the DARAB or its
adjudicators.

RULE ll
Jurisdiction over ALI Cases

Section 6. General Jurisdiction. The Regional Director shall exercise primary jurisdiction over all
agrarian law implementation cases except when a separate special rule vests primary jurisdiction in a
different DAR office.

Section 7. Jurisdiction over Protests or Petitions to Lift Coverage. The Regional Director shall
exercise primary jurisdiction over protests against CARP coverage or petitions to lift notice of coverage. If
the ground for the protest or petition to lift CARP coverage is exemption or exclusion of the subject land
from CARP coverage, the Regional Director shall either resolve the same if he has jurisdiction, or refer
the matter to the Secretary if jurisdiction over the case belongs to the latter.
Section 8. Jurisdiction over Land Use Conversions and Exemptions/Exclusions from CARP
Coverage. Separate special rules governing applications for land use conversion and
exemption/exclusion from CARP coverage shall delineate the jurisdiction of the recommending and
approving authorities thereunder.

Section 9. Appellate Jurisdiction. The Secretary shall exercise appellate jurisdiction over all ALI cases,
and may delegate the resolution of appeals to any Undersecretary.

Section 10. Jurisdiction over Flashpoint Cases. Any certification declaring a case as "flashpoint" in
accordance with the criteria and procedure in DAR Memorandum Circular (MC) No. 13 [1997] shall not
divest any authority from the DAR official for resolving the case. A flashpoint certification merely serves to
accord utmost priority to the resolution of the case subject thereof.

RULE Ill
Procedure

Section 11. Applicability. The procedures herein shall generally apply to all ALI cases except for specific
situations such as applications for land use conversion and exemption/exclusion from CARP coverage
which shall be governed by the special procedures therefor.

Section 12. Commencement of an Action.

12.1 Without or prior to issuance of notice of CARP coverage - When the land in question has
never been the subject of a notice of coverage, an ALI case involving said land shall
commence upon filing of the initiatory pleading or application before the Regional Director or
Provincial Agrarian ·Reform Program Officer (PARPO).

12.1.1 Commencement at the DAR Regional Office (DARRO) - The DARRO shall docket the
case and transmit the case folder to the PARPO within five (5) working days from filing, with
notice to all parties. Upon receipt, the PARPO shall, within five (5) working days and with
notice to all parties, transmit the case folder to the MARO who shall conduct the necessary
mediation/conciliation proceedings.

12.1.2 Commencement at the DAR Provincial Office (DARPO) - The PARPO shall docket the
case and submit a case brief to the Regional Director within five (5) working days, with notice
to all parties. Within the same five (5) working-day period and with notice to all parties, the
 PARPO shall transmit the case folder to the MARPO who shall conduct the necessary
mediation/conciliation proceedings.

12.2 After issuance of notice of coverage - Commencement shall be at the DAR Municipal Office
(DARMO). When the applicant/petitioner commences the case at any other DAR office, the
receiving office shall transmit the case folder to the DARMO or proper DAR office in accordance
with the pertinent order and/or circular governing the subject matter. Only the real-party-in interest
may file a protest/opposition or petition to lift CARP coverage and may only do so within sixty (60)
calendar days from receipt of the notice of coverage; a protesting party who receives the notice of
coverage by newspaper publication shall file his protest I opposition I petition within sixty (60)
calendar days from publication date; failure to file the same within the period shall merit outright
dismissal of the case.

Section 13. Disclosure Statement. The petitioner shall disclose and certify under oath, in the petition or
its integral annex, that:

(a) He is a party-in-interest or properly authorized by a party-in-interest;

(b) He has not commenced and/or is aware of any action or proceeding involving the, same land, or a
portion thereof, or issue in any court, tribunal, or quasi-judicial agency; and to the best of his
knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency;

(c) If there is any action or proceeding which is either pending or may have been terminated, he shall
state the status thereof; and

(d) If he thereafter learns that a similar action or proceeding has been filed or is pending before any
court, tribunal, or quasi-judicial agency, he undertakes to report within five (5) days therefrom to the
DAR office where the case for cancellation is pending.

The failure to file the notarized disclosure statement, and/or the commission of acts constituting forum
shopping shall be a ground for dismissal of the cancellation case without prejudice.

Pursuant to AO 5, 2011, the Oath shall be administered by the Regional Director or the PARPO.

Section 14. Pauper Litigant. A party who is a farmer, agricultural lessee, share tenant, farm worker,
actual- tiller, occupant, collective or cooperative of the foregoing beneficiaries, or amortizing owner-
cultivator, shall allege such fact in a sworn statement and shall thereafter benefit from the privileges for
pauper litigants without need of further proof. He shall continue to enjoy such privileges in all levels of the
proceedings until finality of the case.

Section 15. Intervention. No intervention shall be given due course unless the intervenor shows proof
that he has a substantial right or interest in the case which he cannot adequately protect in another case.
This notwithstanding, potential farmer beneficiaries have a substantial right, interest, and legal personality
to intervene. No intervenor shall, however, be allowed to file any motion to postpone/extend/reset or any
pleading which may in any way delay the case which he seeks to intervene in.

Section 16. Procedure.

16.1 Commencement. Except for applications for land use conversion and exemption/exclusion from
CARP coverage which shall follow separate special rules, an ALI case shall commence with the filing
of the proper application or initiatory pleading at the DARMO I DARPO I DARRO. In all instances,
the MARO shall notify all tenants, leaseholders, farmworkers, and occupants of the subject land of
the initiation of the case. Proof of notice to all the persons above-mentioned shall form part of the
records of the case.

16.2 After notifying all parties, the MARO and Barangay Agrarian Reform Committee (BARC) shall
exert exhaustive efforts at mediation and conciliation to persuade the parties to arrive at an amicable
settlement or compromise.

16.3 The issue of whether or not the land is subject to coverage under PD 27 or RA 6657 shall not
be the subject of compromise.

16.4 If mediation/conciliation fails, the MARO shall, within five (5) working days from termination
thereof, transmit the case folder to the PARO with a written report explaining the reasons for the
mediation/conciliation's failure, furnishing all the parties with a copy of the written report.

16.5 Investigation. The PARO, or any Investigating Officer or Committee which he or the Regional
Director may designate, shall conduct investigations and perform whatever is necessary to achieve a
just, expeditious, and inexpensive disposition of the case.

16.6 Record of proceedings. The proceedings shall be recorded by a stenographer. In the absence of an
available stenographer, the Investigating Officer shall make a written summary of the proceedings,
including the substance of the evidence presented which shall be attested to by the parties or their
counsel and shall form part of the records of the case. Should any party or counsel refuse to sign, the
reason for such refusal shall be noted therein.

16.7 Ocular Inspection.

16.7.1 After giving all parties reasonable notice of the ocular inspection schedule, ocular
inspection shall proceed with or without the presence of any party who refuses to cooperate.

16.7.2 The ocular inspection team shall prepare an initial report which all attending parties
and BARC representatives shall sign. If anyone refuses to sign, the ocular inspection team
shall indicate the reason for such refusal in the initial report.
 16.8 Position paper. The investigating officer shall require the parties to simultaneously submit their
respective position papers within 10 days from receipt of the Order attaching thereto the draft
decision together with a soft copy (in CD or USB) written in any popular word-processing program,
furnishing a copy thereof to all parties.

16.9 Decision. Pursuant to Section 51 of RA 6657, which provides that "any case or controversy
before it shall be decided within thirty (30) days after it is submitted for resolution", the appropriate
authority shall promulgate its decision within thirty (30) days from receipt of the Investigating Officer's
recommendation.

Section 17. Power to Summon Witnesses and Compel Submission of Documentary Evidence. The
PARO and the RD shall have the power to summon witnesses, administer oaths, take testimony, require
submission of reports, and compel production of books and documents.

Section 18. Cease And Desist Order. In cases where any party may suffer grave or irreparable damage,
or where the doing or continuance of certain acts will render the case moot and academic, or where there
is a need to maintain peace and order and prevent injury or loss of life or property, the Secretary (or
whoever the Secretary may designate) may, motu proprio or at the instance of any party, issue a Cease
and Desist Order (CDO) to prevent grave and irreparable damage while awaiting resolution of the case.
The Regional Director may exercise the same authority for matters that are strictly within the confines of
his territorial jurisdiction. In this regard, the issuing authority may request the assistance of law
enforcement agencies to implement the CDO.

Section 19. Power to Cite Direct and Indirect Contempts. The Secretary or the Regional Director has
the power to punish direct and indirect contempt in the same manner and subject to the same penalties
as provided in the Rules of Court in accordance with Section 17 of EO 229 and Section 50 of RA 6657 as
amended by RA 9700. Any party who fails to comply with the summons, orders or other issuances
pursuant to Sections 19 and 20 of this AO shall be cited in contempt by the Secretary or the Regional
Director.

Section 20. Prohibition Against Restraining Order or Preliminary Injunction.

20.1 Pursuant to Section 55 of RA 6657, as amended by RA 9700, except for the Supreme Court, no
Court shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the
Presidential Agrarian Reform Council (PARC) or any of its duly authorized or designated agencies,
or the DAR, in any case, dispute or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of RA 6657 and other pertinent laws on
agrarian reform. Likewise, pursuant to Section 68 of RA 6657, no injunction, restraining order,
prohibition or mandamus shall be issued by the lower courts against the DAR, Department of
Agriculture, the Department of Environment and Natural Resources, and the Department of Justice
in their implementation of the Program.

Section 21. Furnishing a Copy of the Decision. The deciding authority shall furnish a copy of the
decision, not only . to the parties' counsel/s or representative/s, but also directly to ·the parties
themselves as well as to the PARO, MARO, BARC, and all other DAR officials who took part in the case
or who may take part in its execution or implementation.
Section 22. Motion for Reconsideration - A party may file only one (1) motion for reconsideration of the
decision of the Regional Director, and may do so only within a non-extendible period of fifteen (15)
calendar days from receipt of the decision, furnishing a copy of the motion to all other parties. The filing of
the motion interrupts the running of the reglementary period within which to appeal. The Regional Director
shall rule on the motion within thirty (30) days from its filing date.

22. 1 If the motion for reconsideration is denied, the movant may perfect an appeal before the
Secretary within a non-extendible period of fifteen (15) days from receipt of the resolution.

22.2 If the motion for reconsideration is granted, resulting in the reversal of the original decision,
the losing party may perfect an appeal before the Secretary within a non-extendible period of
fifteen (15) days from receipt of the new decision.

Section 23. Motion for Reconsideration of the Decision or Order of the Secretary - In cases where
the Secretary exercises exclusive original jurisdiction, a party may file only one (1) motion for
reconsideration of the decision of the Secretary, and may do so only within a non-extendible period of
fifteen (15) calendar days from receipt of the decision, furnishing a copy of the motion to all other parties.
The filing of the motion interrupts the running of the · regl6mentary period within which to appeal.

23.1 If the motion for reconsideration is denied, the movant may perfect an appeal before the
Secretary within a non-extendible period of fifteen (15) days from receipt of the resolution.

23.2 If the motion for reconsideration is granted, resulting in the reversal of the original decision,
the losing party may perfect an appeal before the Office of the President within a non-extendible
period of fifteen (15) days from receipt of the new decision.

RULE IV
Appeals to the Secretary

Section 24. Grounds. Appeal shall be given due course on the decision of the Regional Director on the
following grounds:

24.1 Serious errors in the findings of fact or conclusion of law which may cause grave and
irreparable damage or injury to the appellant; or

24.2 Coercion, fraud,' or clear graft and corruption in the issuance of a decision.

Section 25. Caption. The caption of all appeals, in addition to the standard lines indicating the hierarchy
of authority (first line: "Republic of the Philippines"; second line: "Department of Agrarian Reform"; third
line: "Office of the Secretary"), shall likewise specifically address appeals to the "Bureau of Agrarian Legal
Assistance" or "BALA", and refer to the appealing party as the "appellant" and the adverse party the
"appellee". The BALA shall assign a new docket number to each appeal which shall appear above the old
docket number (enclosing the old docket number inside a parenthesis).

Section 26. When to Appeal. Appeals may be taken within fifteen (15) days from receipt of the adverse
decision pursuant to Section 51 of RA 6657, as amended, which provides that "any order or ruling or
decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof'.

Section 27. How to File the Appeal. Appeals from the decision of the Regional Director shall be filed .in
the same ·regional office which issued the adverse decision, a notice of appeal with proof of payment of
the requisite appeal fee. Official cashiers of any DAR office may receive payment of the requisite appeal
fee. The RD shall issue an Order if the appeal is perfected within five (5) days from the receipt of the said
Notice of Appeal. Non-perfection of the appeal within the reglementary period merits dismissal of the
appeal.

Section 28. Appeal Pleadings. The appellant shall submit an appeal brief with the BALA within ten (10)
days from perfection of the appeal, furnishing a copy thereof to the adverse party and the Regional
Director. The appellee may submit a comment (not a motion to dismiss) within ten (10) days from receipt
of the appeal brief, furnishing a copy thereof to the appellant and the Regional Director. If necessary, the
BALA Director may conduct a clarificatory hearing. Ten (10) days after the termination of the said hearing
·thereof, the ·BALA Director may order the parties to simultaneously file their respective appeal
memorandum.

Section 29. Record Transmittal. Upon receipt of the notice of appeal, the DARRO of origin shall arrange
each document therein in chronological order according to date of receipt (the first-received document in
the first page, so on and so forth, until the last-received document in the last page); inscribe a page
number (by hand or with a paginating device) on each page and every page; and thereafter the
responsible officer at the DARRO shall affix his initials on each and every page. When for special reasons
a particular document in the records requires that it be free from any form of marking, the pagination and
affixing of initials shall be made only upon photocopies thereof; the originals shall be in separate
envelopes while photocopies thereof shall form part of the main rollo folder. The DARRO shall prepare a
table of contents, which shall be ahead of the first page of the records, and attach a photocopy of the
appeal fee receipt in front ·of the table of contents. Within ten (10) days from perfection of the appeal, the
DARRO shall transmit the records and all its accompanying envelopes to the BALA. To enforce
compliance with this Section, the BALA Director may, after due investigation, recommend disciplinary
action against the erring DARRO official, including the Regional Director when necessary.

Section 30. Appeal Withdrawal. An appeal may be withdrawn by filing with the BALA a motion to
withdraw appeal at any time prior to the promulgation of the appellate decision, except when the
withdrawal is prejudicial to public interest. The withdrawal may take effect only after the Secretary issues
an order approving the motion to withdraw.

RULE V
Appeals from the Secretary

Section 31. Motion for Reconsideration. A party may file only one (1) motion for reconsideration of the
decision of the Secretary or deciding authority, and may do so only within a non-extendible period of
fifteen (15) days from receipt of the Secretary's decision, furnishing a copy of the motion to all other
parties. The filing of the motion interrupts the running of the reglementary period within which to appeal.
Upon receipt of the resolution on the motion for reconsideration, the losing. party may elevate the matter
to the Office of the President (OP).

Section 32. Appeal. Appeals from the decision of the Secretary may be taken to the OP within fifteen
(15) days from receipt thereof. The filing of an appeal within the proper period does not stay execution of
the subject decision.

RULE VI
Finality and Execution

Section 33. Finality. Orders/decisions/resolutions shall become final and executory after all parties have
received an official copy thereof; after the lapse of fifteen (15) days from the date of receipt by the last
recipient of an official copy thereof; and there is no motion for reconsideration nor appeal therefrom.

Section 34. Execution. Execution shall issue automatically as a matter of course upon finality of the
case. The Regional Director shall issue the necessary certificate of finality within five (5) days from date of
finality of a case. For cases appealed to the Secretary that attained finality thereat, the BALA Director
shall issue the necessary certificate of finality within five (5) days from the date of finality. Upon
completion of the certificate of finality, the Regional Director or deciding authority may, upon motion or
motu proprio, issue a writ of execution ordering the MARO or appropriate DAR official to enforce the final
order/decision/resolution. For this purpose, the MARO or appropriate DAR official may seek assistance
from law enforcement agencies.

RULE VII
Transitory Provision

Section 35. Transitory. The provisions of this AO shall be applicable to all cases filed on or after its
effectivity.

RULE VIII
Final Provisions

Section 36. Suspension of Rules. The DAR Secretary may suspend the application of these Rules in
order to serve and protect the interest of justice.

Section 37. Access to Case Records. Subject to the provisions of DAR Memorandum Circular No. 7,
Series of 2011, as amended by MC No. 2, Series of 2016, the records of a case are public documents. ·
Section 38. Repealing Clause. This Order modifies or repeals DAR-A0-3-2003 and all other issuances
or portions thereof that are inconsistent herewith.

Section 39. Separability Clause. Any judicial pronouncement declaring as unconstitutional any
provision of this Order shall not affect the validity of the other provisions herein.

Section 40. Effectivity Clause . This Order shat! take effect ten (10) days after its publication in two (2)
national newspapers of general circulation, pursuant to Section 49 of RA 6657, as amended.

Diliman, Quezon City, MAY 22, 2017.

(SGD) RAFAEL V. MARIANO

Secretary

The parties may be required to submit their position papers at the instance of the
investigating officer.
(g) Submission of Recommendation. — The MARO or the investigating
officer shall submit his Field Investigation Report (FIR) to the PARO for review
and evaluation within fifteen (15) days from termination of the summary
investigation.
The PARO shall submit to the Regional Director (RD) the case folder
together with his recommendations within ten (10) days from receipt of the FIR.
SECTION 17. Issuance of Cease and Desist Order. — In cases where grave or
irreparable damage will result to the parties, or where the doing or continuance of
certain acts will render the case moot and academic, or where there is a need to
maintain peace and order and prevent injury or loss of life or property, the
Regional Director or DAR official with jurisdiction over the case, shall, motu
propio or at the instance of a party, have the authority to issue a Cease and
Desist or Status Quo Order pending the resolution of the case. In this regard, the
issuing authority may request the assistance of law enforcement agencies to
implement the order.
SECTION 18. Prohibition Against Restraining Order or Preliminary Injunction. —
Pursuant to Section 55 of RA 6657, no court shall have jurisdiction to issue any
restraining order or writ of preliminary injunction against the DAR and other
concerned officials, in any case, dispute or controversy arising from, necessary
to, or in connection with, the application, implementation, enforcement or
interpretation of RA 6657 and other pertinent agrarian, reform laws, rules and
regulations.
Unless duly referred by the DAR Secretary, the DARAB or its adjudicators shall
have no authority to issue any restraining order or preliminary injunction against
the Regional Director of any concerned officials and personnel in any case,
dispute, or controversy arising from the implementation of agrarian laws, rules
and regulations as provided herein.
SECTION 19. Resolution of Cases. — The RD or approving authority shall rule
on the issues raised in the application, protest or petition taking into account the
records of the case and the recommendations of the PARO within fifteen (15)
days from receipt of the case folder. The RD shall furnish a copy of the decision
to the BARC, MARO, PARO and the parties concerned or their duly authorized
representatives. The RD may conduct his own summary investigation and/or
ocular inspection in accordance with the procedure provided herein if deemed
necessary for the expeditious and just resolution of the case.
SECTION 20. Investigation and Resolution of Certain ALI Cases. — Unless
otherwise directed by the Secretary, the investigation and resolution of certain
ALI cases such as applications for conversion, exemptions or exclusions,
retention, identification of beneficiaries of commercial farms, disputes involving
joint economic enterprises, and such other ALI cases as the Secretary may
identify; shall be undertaken in accordance with their respective governing rules
and regulations.
SECTION 21. Motion for Reconsideration. — In case any of the parties disagrees
with the decision or resolution, the affected party may file a written motion for
reconsideration within fifteen (15) days from receipt of the order, furnishing a
copy thereof to the adverse party. The filing of the motion for reconsideration
shall suspend the running of the period to appeal.
Any party shall be allowed only one (1) motion for reconsideration. Thereafter,
the RD or approving authority shall rule on the said motion within fifteen (15)
days from receipt thereof. In the event that the motion is denied, the adverse
party has the right to perfect his appeal within the remainder of the period to
appeal, reckoned from receipt of the resolution of denial. If the decision is
reversed on reconsideration, the aggrieved party shall have fifteen (15) days
from receipt of the resolution of reversal within which to perfect his appeal.
SECTION 22. Finality. — Unless an appeal is perfected, the decision or order of
the RD or approving authority shall become final and executory after the lapse of
fifteen (15) days from receipt of a copy thereof by the parties or their counsels or
duly authorized representatives. In all cases, the parties and their counsels shall
be furnished with a copy of the decision or order. SEHTIc

RULE IV
Appeals
SECTION 23. Grounds for Appeal. — Any person who is aggrieved by the
decision of the RD or approving authority may file a written appeal on any of the
following grounds:
(a) There is a grave abuse of discretion on the part of the RD or approving
authority;
(b) The order or decision is obtained through fraud, coercion or graft and
corruption; or
(c) Errors in the findings of facts or conclusions of law were committed which,
if not corrected, would cause grave and irreparable damage or injury to the
appellant.
SECTION 24. Caption. — In all cases appealed to the Secretary, the party
appealing shall be called the "Appellant" and the adverse party the "Appellee"
and the case shall be assigned a docket number by the Bureau of Agrarian Legal
Assistance (BALA) of the DAR Central Office.
SECTION 25. When to Appeal. — Appeals may be taken within fifteen (15) days
from receipt of the decision or order. This shall apply to appeals to the Office of
the President in view of Section 51 of RA 6657 which provides that "(a)ny order,
ruling or decision shall be final after the lapse of fifteen (15) days from receipt of
a copy thereof".
SECTION 26. Perfection and Manner of Appeal. — (a) Appeal from the decision
of the Regional Director to the Secretary shall be made by filing a notice of
appeal with the Regional Office concerned together with payment of P500.00
appeal fee to the cashier of said Regional Office.
(b) Appeal from the decision of the Undersecretary shall be made by filing a
notice of appeal with the said office and payment of P500.00 appeal fee to the
cashier of the DAR Central Office.
(c) Appeal from the decision of the Secretary may be taken to the Office of
the President pursuant to OP Administrative Order No. 18, series of 1987, except
as to the period therein provided, or to the Court of Appeals (CA) by certiorari
pursuant to Sec. 54 ofRA 6657.
SECTION 27. Appeal by Pauper Litigant. — An appellant who is an agricultural
lessee, share tenant, actual tiller, farmworker, member of farmers' organization,
association or cooperative, shall be entitled to the rights and privileges of a
pauper litigant such as exemption from payment of appeal fee, without need of
further proof thereof."
SECTION 28. Appeal Memorandum. — An appeal-memorandum shall be
submitted by the appellant within fifteen (15) days from perfection of the appeal,
furnishing a copy thereof to the adverse party and the DAR official who rendered
the decision or order.
SECTION 29. Effect of Appeal. — Appeal to the Secretary, the Office of the
President, or the Court of Appeals shall have the following effects:
(a) Appeal from the Regional Director or Undersecretary to the Secretary. —
The appeal shall stay the order appealed from unless the Secretary directs
execution pending appeal, as he may deem just, considering the nature and
circumstances of the case (Executive Order No. 292 [1987], Book VII, Chapter 4,
Sec. 21).
(b) Appeal to the Office of the President. — Except as otherwise provided by
special laws, the execution of the decision/resolution/order appealed from is,
stayed upon the filing of the appeal within the period prescribed. However, in all
cases, at any time during the pendency of the appeal, the Office of the President
may direct or stay the execution of the decision/resolution/order appealed from
upon such terms and conditions as it may deem just and reasonable (OP Admin.
Order No. 18, Series of 1987, Sec. 4).
(c) Appeal to the Court of Appeals. — Pursuant to Section 50 of RA 6657, the
decision of the DAR shall be immediately executory notwithstanding an appeal to
the Court of Appeals.
SECTION 30. Transmittal of Records — Upon receipt of the appeal
memorandum, the Director of BALA shall direct the RD or the concerned office to
immediately transmit the records of the case to the BALA.
The records of the case shall contain, among others, a table of contents, the
minutes of the hearings conducted, all original pleadings filed, documentary
exhibits, transcripts or written summary of the hearings filed, investigation
reports, notices, orders or decisions of the RD or approving authority and proof of
service thereof. It shall be numbered and initialed by the Records Officer of the
Region or office concerned on every page thereof. A photocopy of the receipt of
the appeal fee, duly certified by the cashier, shall also be attached to the records
of the case.
SECTION 31. Withdrawal of Appeal. — Except when it is prejudicial to public
interest, an appeal may be withdrawn upon filing with the BALA a motion to
withdraw at any time prior to the promulgation of the order or decision. The DAR
Secretary shall issue an order approving the motion to withdraw.
SECTION 32. Motion for Reconsideration. — Only one (1) motion for
reconsideration of the order or decision of the Secretary shall be allowed. If a
motion for reconsideration is denied, the movant shall have the right to perfect
his appeal with the Office of the President (OP) pursuant to OP Administrative
Order No. 18 dated February 12, 1987.
SECTION 33. Intervention. — The filing of a motion for intervention shall be
discouraged. Such motion shall be entertained only upon a clear showing by the
movant that he has a substantial right or interest in the case that cannot be
adequately pursued and protected in another proceeding. Should a motion for
intervention be deemed in order, the same may be filed not later than the
expiration of the period allowed for the filing of a motion for reconsideration.
RULE V
Execution Of Orders Or Decisions
SECTION 34. Execution upon Final Order or Decision. — Execution shall issue
upon an order or decision that has become final and executory. Such execution
shall issue as a matter of course and upon expiration of the period to appeal
therefrom if no appeal has been duly perfected. The Director of BALA shall issue
the certificate of finality involving ALI cases upon request of the interested
party.SCcHIE

SECTION 35. How to Execute Orders or Decisions. — Upon certification by the

proper officer that an order or decision has been served to the party, his counsel
or authorized representative on record, and such order or decision; has become
final and executory, the RD or approving authority may, upon motion or motu
propio, issue a Writ of Execution ordering the MARO or any other concerned
official to enforce the same. For this purpose, the MARO or the concerned official
may do such acts and things as may be necessary, and seek the assistance of
law enforcement agencies, as appropriate, to implement the order or decision.
RULE VI
Final Provisions
SECTION 36. Transitory Provision. — The investigation and resolution of ALI
cases involving lands situated within CALABARZON shall be transferred to the
jurisdiction of the DAR Regional Director for Region 4 effective upon
implementation of the DAR reorganization, or as directed by the Secretary. In the
meantime or pending the reorganization, such cases shall remain with the Center
for Land Use, Policy, Planning and Implementation (CLUPPI)-2 for appropriate
action.
SECTION 37. Repealing Clause. — This Order modifies or repeals DAR
Administrative Order No. 9, Series of 1994 and other issuances or portions
thereof which are inconsistent herewith.
SECTION 38. Separability Clause. — In the event any of the provisions of this
Order is declared unconstitutional, the validity of the other provisions shall not be
affected by said declaration.
SECTION 39. Effectivity Clause. — This Order shall take effect ten (10) days
after its publication in two (2) national newspapers of general circulation.
Diliman, Quezon City, August 30, 2000. DTSaIc

(SGD.) HORACIO R. MORALES JR.

Secretary

Published in two (2) newspapers of general circulation:

1. THE PHILIPPINE STAR
2. MALAYA
Date of Publication — September 5, 2000

January 16, 2003

DAR ADMINISTRATIVE ORDER NO. 03-03

SUBJECT : 2003 Rules for Agrarian Law Implementation Cases

Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, or the
"Comprehensive Agrarian Reform Law of 1988" (CARL), and in order to foster
a just, inexpensive, and expeditious determination of agrarian cases, the
following are the Department of Agrarian Reform (DAR) rules governing the
adjudication of cases involving Agrarian Law Implementation (ALI):
RULE I
Preliminary Provisions
SECTION 1. Title. These Rules shall be known as the "2003
Rules of Procedure for ALI Cases".
 SECTION 2. ALI cases. These Rules shall govern all cases
arising from or involving:
2.1. Classification and identification of landholdings for
coverage under the agrarian reform program and the initial
issuance of Certificate of Land Ownership Awards (CLOAs) and
Emancipation Patents (EPs), including protests or oppositions
thereto and petitions for lifting of such coverage;
2.2. Classification, identification, inclusion, exclusion,
qualification, or disqualification of potential/actual farmer-
beneficiaries;
2.3. Subdivision surveys of land under Comprehensive
Agrarian Reform (CARP);
2.4. Recall, or cancellation of provisional lease rentals,
Certificates of Land Transfers (CLTs) and CARP Beneficiary
Certificates (CBCs) in cases outside the purview of Presidential
Decree (PD) No. 816, including the issuance, recall, or
cancellation of Emancipation Patents (EPs) or Certificates of
Land Ownership Awards (CLOAs) not yet registered with the
Register of Deeds;
2.5. Exercise of the right of retention by landowner;
2.6. Application for exemption from coverage under Section
10 of RA 6657;
2.7. Application for exemption pursuant to Department of
Justice (DOJ) Opinion No. 44 (1990);
2.8. Exclusion from CARP coverage of agricultural land used
for livestock, swine, and poultry raising;
2.9. Cases of exemption/exclusion of fishpond and prawn
farms from the coverage of CARP pursuant to RA 7881;
2.10. Issuance of Certificate of Exemption for land subject of
Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA)
found unsuitable for agricultural purposes;
2.11. Application for conversion of agricultural land to
residential, commercial, industrial, or other non agricultural uses
and purposes including protests or oppositions thereto;
2.12. Determination of the rights of agrarian reform beneficiaries
to homelots;
2.13. Disposition of excess area of the tenant's/farmer-
beneficiary's landholdings;
 2.14. Increase in area of tillage of a tenant/farmer-beneficiary;
2.15. Conflict of claims in landed estates administered by DAR
and its predecessors; and
2.16. Such other agrarian cases, disputes, matters or concerns
referred to it by the Secretary of the DAR.
SECTION 3. DARAB cases. These Rules shall not apply to cases
falling within the exclusive original jurisdiction of the Department of Agrarian
Reform Adjudication Board (DARAB) and its Regional or Provincial Agrarian
Reform Adjudicators (RARAD or PARAD) which include:
3.1. The rights and obligations of persons, whether natural or
juridical, engaged in the management, cultivation, and use of all
agricultural lands covered by RA 6657 and other related agrarian
laws;
3.2. The preliminary administrative determination of
reasonable and just compensation of lands acquired under PD
27 and the CARP;
3.3. The annulment or cancellation of lease contracts or deeds
of sale or their amendments involving lands under the
administration and disposition of the DAR or Land Bank of the
Philippines (LBP);
3.4. Those cases involving the ejectment and dispossession
of tenants and/or leaseholders;
3.5. Those cases involving the sale, alienation, pre-emption,
and redemption of agricultural lands under the coverage of
the CARL or other agrarian laws;
3.6. Those involving the correction, partition, cancellation,
secondary and subsequent issuances of CLOAs and EPs which
are registered with the Land Registration Authority;
3.7. Those cases involving the review of leasehold rentals;
3.8. Those cases involving the collection of amortizations on
payments for lands awarded under PD 27 (as amended), RA
3844 (as amended), andRA 6657 (as amended) and other
related laws, decrees, orders, instructions, rules, and regulations,
as well as payment for residential, commercial, and industrial lots
within the settlement and resettlement areas under the
administration and disposition of the DAR;
3.9. Those cases involving the annulment or rescission of
lease contracts and deeds of sale, and the cancellation or
 amendment of titles pertaining to agricultural lands under the
administration and disposition of the DAR and LBP; as well as
EPs issued under PD 266, Homestead Patents, Free Patents,
and miscellaneous sales patents to settlers in settlement and re-
settlement areas under the administration and disposition of the
DAR; ScHAIT

3.10. Those cases involving boundary disputes over lands

under the administration and disposition of the DAR and the LBP,
which are transferred, distributed, and/or sold to tenant-
beneficiaries and are covered by deeds of sale, patents, and
certificates of title;
3.11. Those cases involving the determination of title to
agricultural lands where this issue is raised in an agrarian dispute
by any of the parties or a third person in connection with the
possession thereof for the purpose of preserving the tenure of the
agricultural lessee or actual tenant-farmer or farmer-beneficiaries
and effecting the ouster of the interloper or intruder in one and
the same proceeding;
3.12. Those cases previously falling under the original and
exclusive jurisdiction of the defunct Court of Agrarian Relations
under Section 12 ofPD 946 except those cases falling under the
proper courts or other quasi-judicial bodies; and
3.13. Such other agrarian cases, disputes, matters or concerns
referred to it by the Secretary of the DAR.
SECTION 4. Construction. In accordance with Section 50 of RA
6657, the DAR shall not be bound by technical rules of procedure and evidence
but shall proceed to hear and decide all cases, disputes or controversies in a
most expeditious manner, employing all reasonable means to ascertain the
facts of every case in accordance with justice, equity, and the merits of the
case. In case of doubt, the deciding authority shall liberally construe or interpret
these Rules in favor of carrying out the objectives of agrarian reform, to promote
a just, expeditious, and inexpensive determination of agrarian cases. All
references in these Rules in the masculine gender form (he/him/his) shall
equally apply to the feminine gender form (she/her/hers) or group form
(it/its/their).
SECTION 5. Prejudicial Issue. When an ALI case raises a
prejudicial issue, such issue being a DARAB case under Section 3 hereof, the
Secretary/Regional Director shall suspend the case pending resolution of the
prejudicial question. Conversely, when a case pending before the DARAB or
its Adjudicators raises a prejudicial issue, such issue being an ALI case under
Section 2 hereof and falling within the exclusive jurisdiction of the
Secretary/Regional Director, the Adjudicating Authority shall suspend the case
pending the resolution of the prejudicial question in the proper forum.
SECTION 6. Referral of cases. When a party erroneously files a
case under Section 2 hereof before the DARAB, the receiving official shall refer
the case to the proper DAR office for appropriate action within five (5) working
days after determination that said case is within the jurisdiction of the Secretary.
Likewise, when a party erroneously files a case under Section 3 hereof before
any office other than the DARAB or its adjudicators, the receiving official shall,
within five (5) working days, refer the case to the DARAB or its adjudicators.
RULE II
Jurisdiction Over ALI Cases
SECTION 7. General Jurisdiction. The Regional Director shall
exercise primary jurisdiction over all agrarian law implementation cases except
when a separate special rule vests primary jurisdiction in a different DAR office.
SECTION 8. Jurisdiction over protests or petitions to lift coverage.
The Regional Director shall exercise primary jurisdiction over protests against
CARP coverage or petitions to lift notice of coverage. If the ground for the
protest or petition to lift CARP coverage is exemption or exclusion of the subject
land from CARP coverage, the Regional Director shall either resolve the same
if he has jurisdiction, or refer the matter to the Secretary if jurisdiction over the
case belongs to the latter.
SECTION 9. Jurisdiction over land use conversions and
exemptions/exclusions from CARP coverage. Separate special rules governing
applications for land use conversion and exemption/exclusion from CARP
coverage shall delineate the jurisdiction of the recommending and approving
authorities thereunder.
SECTION 10. Appellate Jurisdiction. The Secretary shall exercise
appellate jurisdiction over all ALI cases, and may delegate the resolution of
appeals to any Undersecretary.
SECTION 11. Jurisdiction over Flashpoint cases. Any certification
declaring a case as "flashpoint" in accordance with the criteria and procedure
in DAR Memorandum Circular (MC) No. 13 [1997] shall not divest any authority
from the DAR official for resolving the case. A flashpoint certification merely
serves to accord utmost priority to the resolution of the case subject thereof.
RULE III
Procedure
 SECTION 12. Applicability. The procedures herein shall generally
apply to all ALI cases except for specific situations such as applications for land
use conversion and exemption/exclusion from CARP coverage which shall be
governed by the special procedures therefor.
SECTION 13. Commencement of an action.
13.1. Without or prior to issuance of notice of CARP
coverage — When the land in question has never been the
subject of a notice of coverage, an ALI case involving said land
shall commence upon filing of the initiatory pleading or
application before the Regional Director or Provincial Agrarian
Reform Officer (PARO).
13.1.1. Commencement at the DAR Regional Office
(DARRO)— The DARRO shall docket the case and
transmit the case folder to the PARO within five (5) working
days from filing, with notice to all parties. Upon receipt, the
PARO shall, within five (5) working days and with notice to
all parties, transmit the case folder to the MARO who shall
conduct the necessary mediation/conciliation proceedings.
13.1.2. Commencement at the DAR Provincial Office
(DARPO)— The PARO shall docket the case and submit a
case brief to the Regional Director within five (5) working
days, with notice to all parties. Within the same five (5)
working-day period and with notice to all parties, the PARO
shall transmit the case folder to the MARO who shall
conduct the necessary mediation/conciliation proceedings.
13.2. After issuance of notice of coverage — Commencement
shall be at the DAR Municipal Office (DARMO). When the
applicant/petitioner commences the case at any other DAR office,
the receiving office shall transmit the case folder to the DARMO
or proper DAR office in accordance with the pertinent order
and/or circular governing the subject matter. Only the real-party-
in-interest may file a protest/opposition or petition to lift CARP
coverage and may only do so within sixty (60) calendar days from
receipt of the notice of coverage; a protesting party who receives
the notice of coverage by newspaper publication shall file his
protest / opposition / petition within sixty (60) calendar days from
publication date; failure to file the same within the period shall
merit outright dismissal of the case.
SECTION 14. Forum Shopping.
 14.1. The applicant/petitioner shall certify under oath in the
application or initiatory pleading, or its integral annex, a sworn
certification that:
14.1.1. He has not theretofore commenced any other
action or proceeding involving the same land or issue in
any court, tribunal, or quasi-judicial agency;
14.1.2. To the best of his knowledge, no such action
or proceeding is pending in any court, tribunal, or quasi-
judicial agency;
14.1.3. If there is any action or proceeding which is
either pending or may have been terminated, he shall state
the status thereof; and
14.1.4. If he thereafter learns that a similar action or
proceeding has been filed or is pending before any court,
tribunal, or quasi-judicial agency, he undertakes to report
that fact within five (5) days therefrom to the DAR office
where the ALI case is pending.
14.2. Failure to file a certification of non-forum-shopping and/or
subsequent discovery of commission of forum-shopping shall be
grounds for summary dismissal of the ALI case. Dismissal for
failure to file certification of non-forum-shopping shall be without
prejudice to re-filing of the case. Dismissal on the ground of
subsequent discovery of commission of forum-shopping shall be
with prejudice and the applicant/petitioner shall be liable for
costs, except in the following cases:
14.2.1. When he thereafter learns that a similar action
or proceeding has been filed or is pending before any
court, tribunal, or quasi-judicial agency, and he reported
that fact within five (5) days therefrom to the DAR office
where the ALI case is pending;
14.2.2. The applicant/petitioner is a pauper litigant;
and
14.2.3. Where these Rules allow cross-referral
between DARAB and ALI cases.
SECTION 15. Pauper Litigant. A party who is a farmer, agricultural
lessee, share tenant, farm worker, actual tiller, occupant, collective or
cooperative of the foregoing beneficiaries, or amortizing owner-cultivator, shall
allege such fact in a sworn statement and shall thereafter benefit from the
privileges for pauper litigants without need of further proof. He shall continue to
enjoy such privileges in all levels of the proceedings until finality of the case.
SECTION 16. Intervention. No intervention shall be given due
course unless the intervenor shows proof that he has a substantial right or
interest in the case which he cannot adequately protect in another case. This
notwithstanding, potential farmer beneficiaries have a substantial right, interest,
and legal personality to intervene. No intervenor shall, however, be allowed to
file any motion to postpone/extend/reset or any pleading which may in any way
delay the case which he seeks to intervene in.
SECTION 17. Effect on Process of Coverage. The commencement
of an ALI case, including applications for land use
conversion/exemption/exclusion, affects the land acquisition and distribution
process as follows:
17.1. Application or petition filed before issuance of notice of
CARP coverage. The notice of coverage shall be held in
abeyance until final resolution of the case.
17.2. Application or petition filed within sixty calendar days from
issuance of notice of CARP coverage. The proper DAR office
shall continue processing the claimfolder but not transmit the
same to the Land Bank of the Philippines (LBP) for further
processing, notwithstanding the pendency of the application. The
Regional Director or PARO may suspend the claimfolder's
processing if the MARO submits a report that the case is
meritorious on the basis of the MARO's personal verification of
the allegations therein; otherwise, the PARO shall process the
claimfolder but not transmit the same to the LBP for further
processing.
17.3. Application or petition filed where claimfolder is pending
with LBP — If the application/petition or protest was filed while
the claimfolder is pending with the LBP, or where the claimfolder
has been forwarded by the PARO notwithstanding such
application/petition or protest, the LBP shall continue processing
the land compensation claim, except that the Certification of
Deposit (COD) shall be issued to the PARO until the
application/petition or protest is finally resolved.
SECTION 18. Procedure.
18.1. Commencement. Except for applications for land use
conversion and exemption/exclusion from CARP coverage which
shall follow separate special rules, an ALI case shall commence
with the filing of the proper application or initiatory pleading at the
DARMO / DARPO / DARRO. In all instances, the MARO shall
notify all tenants, leaseholders, farmworkers, and occupants of
the subject land of the initiation of the case. Proof of notice to all
the persons above-mentioned shall form part of the records of the
case.
18.2. After notifying all parties, the MARO and Barangay
Agrarian Reform Committee (BARC) shall exert exhaustive
efforts at mediation and conciliation to persuade the parties to
arrive at an amicable settlement or compromise.
18.3. The issue of whether or not the land is subject to coverage
under PD 27 or RA 6657 shall not be the subject of compromise.
18.4. If mediation/conciliation fails, the MARO shall, within five
(5) working days from termination thereof, transmit the case
folder to the PARO with a written report explaining the reasons
for the mediation/conciliation's failure, furnishing all the parties
with a copy of the written report.
18.5. Investigation. The PARO, or any Investigating Officer or
Committee which he or the Regional Director may designate,
shall conduct investigations and perform whatever is necessary
to achieve a just, expeditious, and inexpensive disposition of the
case.
18.6. Record of proceedings. The proceedings shall be
recorded by a stenographer. In the absence of an available
stenographer, the Investigating Officer shall make a written
summary of the proceedings, including the substance of the
evidence presented which shall be attested to by the parties or
their counsel and shall form part of the records of the case.
Should any party or counsel refuse to sign, the reason for such
refusal shall be noted therein.
18.7. Ocular Inspection.
18.7.1. After giving all parties reasonable notice of the
ocular inspection schedule, ocular inspection shall proceed
with or without the presence of any party who refuses to
cooperate.
18.7.2. The ocular inspection team shall prepare an
initial report which all attending parties and BARC
representatives shall sign. If anyone refuses to sign, the
ocular inspection team shall indicate the reason for such
refusal in the initial report.
 18.8. Position Papers. The Investigating Officer may require the
parties to simultaneously submit their respective position papers
and replies thereto. Within thirty (30) days from due date of the
last pleading (unless special rules provide for a different period),
the Investigating Officer shall sign and submit his
recommendation to the appropriate authority.
18.9. Draft Decision. At any time before the ALI case is decided,
any party may submit a hard copy of a draft decision together
with a diskette containing such draft written in any popular word-
processing program, furnishing a copy thereof to all parties.
18.10. Decision. Pursuant to Section 51 of RA 6657, which
provides that "any case or controversy before it shall be decided
within thirty (30) days after it is submitted for resolution", the
appropriate authority shall promulgate its decision within thirty
(30) days from receipt of the Investigating Officer's
recommendation.
SECTION 19. Power to summon witnesses and compel
submission of documentary evidence. The PARO and the RD shall have the
power to summon witnesses, administer oaths, take testimony, require
submission of reports, and compel production of books and documents.
SECTION 20. Cease and Desist Order. In cases where any party
may suffer grave or irreparable damage, or where the doing or continuance of
certain acts will render the case moot and academic, or where there is a need
to maintain peace and order and prevent injury or loss of life or property, the
Secretary (or whoever the Secretary may designate) may, motu proprio or at
the instance of any party, issue a Cease and Desist Order (CDO) to prevent
grave and irreparable damage while awaiting resolution of the case. The
Regional Director may exercise the same authority for matters that are strictly
within the confines of his territorial jurisdiction. In this regard, the issuing
authority may request the assistance of law enforcement agencies to
implement the CDO. IAcDET

SECTION 21. Prohibition against restraining order or preliminary

injunction.
21.1. Pursuant to Section 55 of RA 6657, no court in the
Philippines shall have jurisdiction to issue any restraining order or
writ of preliminary injunction against the Presidential Agrarian
Reform Council (PARC) or any of its duly authorized or
designated agencies, or the DAR, in any case, dispute or
controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of RA
 6657 and other pertinent laws on agrarian reform. Likewise,
pursuant to Section 68 ofRA 6657, no injunction, restraining
order, prohibition or mandamus shall be issued by the lower
courts against the DAR, Department of Agriculture, the
Department of Environment and Natural Resources, and the
Department of Justice in their implementation of the Program.
21.2. The DARAB or its Adjudicators shall have no authority to
issue any restraining order or preliminary injunction against any
Regional Director or DAR official carrying out the implementation
of agrarian laws, except when the DAR Secretary refers the case
to the DARAB.
SECTION 22. Furnishing a copy of the decision. The deciding
authority shall furnish a copy of the decision, not only to the parties' counsel/s
or representative/s, but also directly to the parties themselves as well as to the
PARO, MARO, BARC, and all other DAR officials who took part in the case or
who may take part in its execution or implementation.
SECTION 23. Motion for Reconsideration — A party may file only
one (1) motion for reconsideration of the decision of the Regional Director, and
may do so only within a non-extendible period of fifteen (15) calendar days from
receipt of the decision, furnishing a copy of the motion to all other parties. The
filing of the motion interrupts the running of the reglementary period within
which to appeal. The Regional Director shall rule on the motion within thirty (30)
days from its filing date.
23.1. If the motion for reconsideration is denied, the movant
may perfect an appeal before the Secretary within only the
remainder of said non-extendible period of fifteen (15) calendar
days but not less than five (5) calendar days.
23.2. If the motion for reconsideration is granted, resulting in the
reversal of the original decision, the losing party may perfect an
appeal before the Secretary within a full but non-extendible
period of fifteen (15) calendar days from receipt of the new
decision.
SECTION 24. Motion for Reconsideration of the decision or order
of the Secretary — In cases where the Secretary exercises exclusive original
jurisdiction, a party may file only one (1) motion for reconsideration of the
decision of the Secretary, and may do so only within a non-extendible period of
fifteen (15) calendar days from receipt of the decision, furnishing a copy of the
motion to all other parties. The filing of the motion interrupts the running of the
reglementary period within which to appeal.
 24.1. If the motion for reconsideration is denied, the movant
may perfect an appeal before the Office of the President within
only the remainder of said non-extendible period of fifteen (15)
calendar days but not less than five (5) calendar days.
24.2. If the motion for reconsideration is granted, resulting in the
reversal of the original decision, the losing party may perfect an
appeal before the Office of the President within a full but non-
extendible period of fifteen (15) calendar days from receipt the
new decision.
RULE IV
Appeals to the Secretary
SECTION 25. Grounds. No appeal shall be given due course
unless the decision of the Regional Director is final, disposing of the case on
the merits, and only on the following grounds:
25.1. Serious errors in the findings of fact or conclusion of law
which may cause grave and irreparable damage or injury to the
appellant; or
25.2. Coercion, fraud, or clear graft and corruption in the
issuance of a decision.
SECTION 26. Caption. The caption of all appeals, in addition to the
standard lines indicating the hierarchy of authority (first line: "Republic of the
Philippines"; second line: "Department of Agrarian Reform"; third line: "Office
of the Secretary"), shall likewise specifically address appeals to the "Bureau of
Agrarian Legal Assistance" or "BALA", and refer to the appealing party as the
"appellant" and the adverse party the "appellee". The BALA shall assign a new
docket number to each appeal which shall appear above the old docket number
(enclosing the old docket number inside a parenthesis).
SECTION 27. When to appeal. Appeals may be taken within fifteen
(15) days from receipt of the adverse decision pursuant to Section 51 of RA
6657 which provides that "any order or ruling or decision shall be final after the
lapse of fifteen (15) days from receipt of a copy thereof".
SECTION 28. Where to appeal. Appeals from the decision of the
Regional Director shall be made by filing in the same regional office which
issued the adverse decision, a notice of appeal with proof of payment of the
requisite appeal fee. Official cashiers of any DAR office may receive payment
of the requisite appeal fee. Non-perfection of the appeal within the reglementary
period merits dismissal of the appeal.
SECTION 29. Appeal pleadings. The appellant shall submit an
appeal brief with the BALA within ten (10) days from perfection of the appeal,
furnishing a copy thereof to the adverse party and the Regional Director. The
appellee may submit a comment (not a motion to dismiss) within ten (10) days
from receipt of the appeal brief, furnishing a copy thereof to the appellant and
the Regional Director. Within fifteen (15) days from filing of the appellee's
comment, the BALA director shall issue a preliminary order stating either that:
29.1. The pleadings on record are sufficient for deciding the
appeal and henceforth the deciding authority shall promulgate its
decision; or
29.2. The pleadings on record are insufficient for a proper
determination of the issues raised and so the parties shall
simultaneously file their respective appeal memorandum within
ten (10) days from receipt of the order to do so; or
29.3. The pleadings on record need further clarification and the
conduct of a clarificatory hearing is necessary. Ten (10) days
after the termination of the said hearing thereof, the BALA
Director may order the parties to simultaneously file their
respective appeal memorandum.
At any time before the ALI case is decided, any party may submit a hard
copy of a draft decision with a diskette containing such draft written in any
popular word-processing program, furnishing a copy thereof to all parties.
Upon submission of sufficient pleadings, the BALA Director shall submit
his recommendation to the deciding authority. EIDATc

SECTION 30. Record Transmittal. Upon receipt of the notice of

appeal, the DARRO of origin shall arrange each document therein in
chronological order according to date of receipt (the first-received document in
the first page, so on and so forth, until the last-received document in the last
page); inscribe a page number (by hand or with a paginating device) on each
page and every page; and thereafter the responsible officer at the DARRO shall
affix his initials on each and every page. When for special reasons a particular
document in the records requires that it be free from any form of marking, the
pagination and affixing of initials shall be made only upon photocopies thereof;
the originals shall be in separate envelopes while photocopies thereof shall
form part of the main rollo folder. The DARRO shall prepare a table of contents,
which shall be ahead of the first page of the records, and attach a photocopy
of the appeal fee receipt in front of the table of contents. Within ten (10) days
from perfection of the appeal, the DARRO shall transmit the records and all its
accompanying envelopes to the BALA. To enforce compliance with this
Section, the BALA Director may, after due investigation, recommend
disciplinary action against the erring DARRO official, including the Regional
Director when necessary.
 SECTION 31. Appeal Withdrawal. An appeal may be withdrawn by
filing with the BALA a motion to withdraw appeal at any time prior to the
promulgation of the appellate decision, except when the withdrawal is
prejudicial to public interest. The withdrawal may take effect only after the
Secretary issues an order approving the motion to withdraw.
RULE V
Appeals from the Secretary
SECTION 32. Motion for Reconsideration. A party may file only one
(1) motion for reconsideration of the decision of the Secretary or deciding
authority, and may do so only within a non-extendible period of fifteen (15)
calendar days from receipt of the Secretary's decision, furnishing a copy of the
motion to all other parties. The filing of the motion interrupts the running of the
reglementary period within which to appeal. Upon receipt of the resolution on
the motion for reconsideration, the losing party may elevate the matter to the
Office of the President (OP).
SECTION 33. Appeal. Appeals from the decision of the Secretary
may be taken to the OP within fifteen (15) days from receipt thereof. The filing
of an appeal within the proper period stays execution of the subject decision,
unless the OP orders immediate execution of the DAR decision upon such
terms and conditions that are just and reasonable, pursuant to Section 4 of OP
Administrative Order (AO) No. 18 dated 12 February 1987, or the applicable
rule.
SECTION 34. Judicial review. In cases where the appellant opts to
elevate his appeal directly to a judicial forum, the governing procedure shall be
the pertinent provisions of the Rules of Court, until and unless the judicial forum
dismisses the appeal for failure to exhaust administrative remedies.
RULE VI
Finality and Execution
SECTION 35. Finality. Final orders / decisions / resolutions shall
become final and executory after all parties have received an official copy
thereof; after the lapse of fifteen (15) calendar days from the date receipt by the
last recipient of an official copy thereof; and there is no motion for
reconsideration nor appeal therefrom.
SECTION 36. Execution. Execution shall issue automatically as a
matter of course upon finality of the case. The Regional Director shall prepare
the necessary certificate of finality within five (5) days from date of finality of a
case. For cases appealed to the Secretary that attained finality thereat, the
BALA Director shall prepare the necessary certificate of finality within five (5)
days from the date of finality. Upon completion of the certificate of finality, the
 Regional Director or deciding authority may, upon motion or motu propio, issue
a writ of execution ordering the MARO or appropriate DAR official to enforce
the final order / decision / resolution. For this purpose, the MARO or appropriate
DAR official may seek assistance from law enforcement agencies.
RULE VII
Final Provisions
SECTION 37. Case records are public documents. Subject to the
provisions of DAR Memorandum Circular No. 25, Series of 1995, records of a
case are public documents and all parties, their representatives, and general
public may request to copy the same or any portion thereof except for the
documents stated in said Memorandum Circular from its official custodian
during reasonable office hours, upon payment of reasonable reproduction costs
and certification fees.
SECTION 38. Repealing clause. This Order modifies or
repeals DAR-AO-6-2000 and all other issuances or portions thereof that are
inconsistent herewith.
SECTION 39. Separability clause. Any judicial pronouncement
declaring as unconstitutional any provision of this Order shall not affect the
validity of the other provisions herein.
SECTION 40. Effectivity clause. This Order shall take effect ten
(10) days after its publication in two (2) national newspapers of general
circulation, pursuant to Section 49 of RA 6657. EaICAD

Diliman, Quezon City, 16 January 2003.

(SGD.) HERNANI A. BRAGANZA

Secretary

Published in two (2) national newspapers of general circulation:

1. THE PHILIPPINE DAILY INQUIRER

2. THE MANILA STANDARD

Date of Publication — January 29, 2003

February 28, 2002

DAR ADMINISTRATIVE ORDER NO. 01-02
SUBJECT : 2002 Comprehensive Rules On Land Use Conversion

Pursuant to Section 65 and 49 of Republic Act (RA) No.

6657 (Comprehensive Agrarian Reform Law of 1988), Section 4(j) and 5(l)
of Executive Order (EO) No. 129-A (Reorganization Act of the Department of
Agrarian Reform), the pertinent provisions of RA 8435 (Agriculture and Fisheries
Modernization Act), EO-45-2001 [25 October 2001], and in order to provide
effective means of evaluating applications for land use conversion, these Rules
are hereby promulgated:
ARTICLE I
Preliminary Provisions
SECTION 1. Statement of Policies. — The conversion of agricultural
lands to non-agricultural uses shall be governed by the following policies:
1.1. The State shall preserve prime agricultural lands to ensure
food security.
1.2. The State shall ensure that all sectors of the economy and all
regions of the country are given optimum opportunity to develop,
through the rational and sustainable use of resources peculiar to each
area, in order to maximize agricultural productivity, to promote
efficiency and equity, and to accelerate the modernization of the
agriculture and fisheries sectors of the country.
1.3. Conversion of agricultural lands to non-agricultural uses shall
be strictly regulated and may be allowed only when the conditions
prescribed under RA 6657 and/or RA 8435 are present and complied
with.
SECTION 2. Definition of Terms. — All references in these Rules in the
masculine gender form (he/him/his) shall interchangeably mean the feminine
form (she/her/hers) or may refer to a group (it/it's/their). As used in this AO, the
terms enumerated are defined as follows:
2.1. Agricultural land refers to land devoted to or suitable for the
cultivation of the soil; planting of crops, growing of trees, raising of livestock,
poultry, fish or aquaculture production, 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 park, or
classified for residential, commercial, industrial or other non-agricultural
uses before 15 June 1988.
2.2. Area Highly Restricted from Conversion refers to agro-industrial
cropland, or land presently planted to industrial crops that support the
economic viability of existing agricultural infrastructure and agro-based
enterprises; highland or area located at an elevation of 500 meters or higher
and have the potential for growing semi-temperate and/or high value crops;
land covered by a notice of land valuation and acquisition; irrigable land not
covered by irrigation projects with firm funding commitment; and
Environmentally Critical Area and Environmentally Critical Projects as
determined by the Department of Environment and Natural Resources
(DENR).
2.3. Area Non-Negotiable for Conversion refers to agricultural land not
eligible for conversion as enumerated in Section 4 hereof.
2.4. Comprehensive Land Use Plan refers to a document accompanied
by maps and similar illustrations, which represent the community-desired
pattern of population distribution and proposal for the future allocation of
land for various land use activities. It identifies the allocation, character and
extent of the area's land resources to be used for different purposes and
includes the process and the criteria employed in the determination of the
land's use.
2.5. Conversion Moratorium refers to the policy enunciated in RA
8435 which prohibits the conversion of 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 so
delineated and included within the Strategic Agriculture and Fisheries
Development Zones for the period starting 10 February 1998 to 09 February
2003.
2.6. Environmentally Critical Areas (ECA) refer to areas that are
ecologically, socially, or geologically sensitive as declared by law such as:
2.6.1. Areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries;
2.6.2. Areas identified as potential tourist spots;
2.6.3. Areas that are habitats of endangered or threatened species of
indigenous Philippine plants and animals;
2.6.4. Areas of unique historic, archeological or scientific interest;
2.6.5. Areas traditionally occupied by indigenous people or cultural
communities;
2.6.6. Areas frequently hit by natural calamities (geologic hazards,
floods, typhoons and volcanic activities);
 2.6.7. Areas with critical slopes of 18% and above;
2.6.8. Areas classified as prime agricultural lands;
2.6.9. Recharged areas of aquifer;
2.6.10. Water bodies used for domestic supply or to support
fisheries and wildlife;
2.6.11. Mangrove areas with critical ecological functions or on
which people depend for livelihood; or
2.6.12. Coral reefs.
2.7. Environmentally Critical Project (ECP) refers to a:
2.7.1. Heavy industry project involving ferrous metals, iron or steel
mills; petroleum or petro-chemicals, oil, gas, or smelting plants;
2.7.2. Resource extractive project such as major mining and quarrying
project, forestry logging project, major wood processing, introduction of
fauna or exotic animals in public or private forests, forest occupancy,
extraction of mangrove products, grazing, fishery dikes, or fishpond
development;
2.7.3. Major infrastructure project such as dam, power plant (utilizing
fossil-fuel, hydroelectric, geothermal, or nuclear power), reclamation,
bridge, or a major road; or
2.7.4. Golf course project.
2.8. Illegal Conversion is the conversion by any landowner of his
agricultural land into any non-agricultural use with intent to avoid the
application of RA 6657 to his landholding and to dispossess his tenant
farmers of the land tilled by them; or the change of nature of lands outside
urban centers and city limits either in whole or in part after the effectivity
of RA 6657, as provided in Section 73 (c) and (e), respectively, of the said
Act.
2.9. Irrigable Land refers to land displaying marked characteristics
justifying the operation of an irrigation system.
2.10. Irrigated Land refers to land serviced by natural irrigation or irrigation
facilities. This includes lands where water is not readily available because
existing irrigation facilities need rehabilitation or upgrading or where
irrigation water is not available year-round.
2.11. Land Use refers to the manner of utilization of land, including its
allocation, development and management.
2.12. Land Use Conversion refers to the act or process of changing the
current physical use of a piece of agricultural land into some other use or for
another agricultural use other than the cultivation of the soil, planting of
crops, growing of trees, including harvesting of produce therefrom, as
approved by DAR.
2.13. National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated protected areas to
maintain essential ecological processes and life support systems, to
preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent
possible. NIPAS includes areas designated as initial components of the
system under Section 5 (a) of RA 7586 which include all areas or islands in
the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national
park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature
reserve, watershed, mangrove reserve, fish sanctuary, natural and historical
landmark, protected and managed landscape/seascape as well as identified
virgin forest before the effectivity of RA 7586; those proclaimed as part of
the system in accordance with the procedure established under the said Act
such as strict nature reserve, natural park, natural monument, wildlife
sanctuary, protected landscapes and seascapes; resource reserve; natural
biotic areas; and other categories established by law, conventions or
international agreements wherein the Philippine Government is a signatory.
2.14. Network of Protected Areas for Agricultural and Agro-Industrial
Development(NPAAAD) refers to agricultural areas identified by the
Department of Agriculture (DA) through the Bureau of Soils and Water
Management in coordination with the National Mapping and Resource
Information Authority, in order to ensure the efficient utilization of land to
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
plains highly suitable for agriculture, whether irrigated or not; agro-industrial
croplands or lands presently planted to industrial crops that support the
viability of existing agricultural infrastructure and agro-based enterprises;
highland or areas located at an elevation of five hundred (500) meters or
above, which 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, and mangrove areas
and fish sanctuaries; and all fishery areas as defined pursuant to
the Fisheries Code of 1998.
2.15. Premature Conversion of Agricultural Land refers to the undertaking
of any development activity, the result of which may modify or alter the
physical characteristics of the agricultural land as would render it suitable
for non-agricultural purposes without an approved Conversion Order from
the DAR.
2.16. Prime Agricultural Land refers to land that can be used for various or
specific agricultural activities and can provide optimum and sustainable
yield with minimum inputs and development costs as determined by the DA.
2.17. Private Agricultural Land refers to agricultural land as defined herein
and owned by natural or juridical persons or by the government in its
proprietary capacity.
2.18. Project Feasibility Study involves the investigation of the market,
technical, financial, economic, and operational viability of the project.
Specifically, it looks into the alternative technical schemes to attain the
project's objectives including possible size, location, production process,
and physical and financial resource requirements. The study also
determines whether the project would generate sufficient benefits to offset
estimated investment and operating costs. Similarly, it ascertains which of
the alternatives would yield the largest positive return to the economy that
would justify its use of resources. Finally, it seeks the most suitable legal,
administrative and organizational arrangements to ensure that
implementation would proceed as planned and that completed facilities
would be properly maintained and operated.
2.19. Reclassification of Agricultural Land refers to the act 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 conversion,
undertaken by a 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. It also includes the reversion of non-agricultural lands
to agricultural use.
2.20. Socialized Housing refers to housing programs and projects covering
houses and lots or homelots undertaken by the government or the private
sector for the underprivileged and homeless citizens where the maximum
cost per unit does not exceed the maximum amount as prescribed by the
Housing and Urban Development Coordinating Council (HUDCC) which
shall include sites and services development, long-term financing,
liberalized terms on interest payments, and such other benefits in
accordance with RA 7279.
 2.21. Socio-Economic Benefit-Cost Study involves the assessment of the
project's net contribution to the national economic and social welfare, done
through a comparison of the economic and social benefits expected to be
generated from the project with the social and economic costs of its
implementation and operation.
2.22. Special Economic Zone or Eco Zone refers to selected areas which
are highly developed or which have the potential to be developed into agro-
industrial, tourist, recreational, commercial, banking, investment and
financial centers whose metes and bounds are delimited by Presidential
Proclamation.
2.23. Strategic Agriculture and Fisheries Development Zone (SAFDZ) refer
to the 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.
2.24. Unauthorized Conversion is the act of changing the current use of
the land from agricultural (e.g. riceland) to another agricultural use, the
effect of which is to exclude the land from CARP coverage (e.g. livestock)
without a Conversion Order from the DAR, or changing the use of the land
other than that allowed under the Conversion Order issued by the DAR.
2.25. Watershed refers to a catchment area or drainage basin from which
the waters of a stream or stream system are drawn.
2.26. Zoning is the delineation/division of a city/municipality into functional
zones where only specific land uses are allowed. It directs and regulates the
use of all lands in the community in accordance with an approved or
adopted land use plan for the city/municipality. It prescribes setback
provisions, minimum lot sizes, building heights and bulk.
2.27. Zoning Ordinance refers to a local legislation approving the
comprehensive land use plan and providing for the regulations and other
conditions, on the uses of land including the limitation on the infrastructures
that may be placed thereon within the territorial jurisdiction of a city or
municipality.
ARTICLE II
Coverage
SECTION 3. Applicability of Rules — These guidelines shall apply to all
applications for conversion, from agricultural to non-agricultural uses or to
another agricultural use, such as:
 3.1. Conversions into residential, commercial, industrial, institutional and
other non-agricultural purposes;
3.2. Development into other types of agricultural activities such as
livestock, poultry, and fishpond, the effect of which is to exempt the land
from CARP coverage;
3.3. Conversions into non-agricultural use other than that previously
authorized; or
3.4 Conversion of agricultural lands or areas that have been reclassified
by the LGU or by way of a Presidential Proclamation, to residential,
commercial, industrial, or other non-agricultural uses on or after the
effectivity of R.A. 6657 on 15 June 1988, pursuant to Section 20 of RA
7160, and other pertinent laws and regulations, and are to be converted to
such uses. However, for those reclassified prior to 15 June 1988, the
guidelines in securing an exemption clearance from the DAR shall apply.
SECTION 4. Areas Non-Negotiable for Conversion — An application
involving areas non-negotiable for conversion shall not be given due course even
when some portions thereof are eligible for conversion. The following areas shall
not be subject to conversion:
4.1. Lands within protected areas designated under the NIPAS, including
mossy and virgin forests, riverbanks, and swamp forests or marshlands, as
determined by the DENR;
4.2. All irrigated lands, as delineated by the DA and/or the National
Irrigation Administration (NIA), where water is available to support rice and
other crop production, and all irrigated lands where water is not available for
rice and other crop production but are within areas programmed for
irrigation facility rehabilitation by the government;
4.3. All irrigable lands already covered by irrigation projects with firm
funding commitments, as delineated by the DA and/or NIA; and
4.4. All agricultural lands with irrigation facilities.
SECTION 5. Areas Highly Restricted from Conversion — The following
areas/projects are classified as highly restricted from conversion:
5.1. Irrigable lands not covered by irrigation projects with firm funding
commitment;
5.2. Agro-industrial croplands, or lands presently planted to industrial
crops that support the economic viability of existing agricultural
infrastructure and agro-based enterprises;
 5.3. Highlands or areas located in elevations of five hundred (500)
meters or above and which have the potential for growing semi-temperate
or high value crops;
5.4. Lands issued with notice of land valuation and acquisition, or subject
of a perfected agreement between the landowner and the beneficiaries
under the Voluntary Land Transfer (VLT)/Direct Payment Scheme (DPS)
under the CARP; and
5.5. Lands within an Environmentally Critical Area (ECA) or those
involving the establishment of an Environmentally Critical Project (ECP).
Applications for conversion under this sub-section shall require, apart from
the standard, requirements, an Environmental Compliance Certificate (ECC)
which the applicant must secure from the DENR prior to application (for
ordinary applications) or prior to commencement of actual land development
(for applications involving housing projects).
The Presidential Agrarian Reform Council (PARC) Land Use Technical
Committee (PLUTC) shall participate in the deliberations when the application
involves land that is highly restricted from conversion and with an area larger
than five (5) hectares, except housing projects covered by EO-45-2001.
SECTION 6. Priority Development Areas and Projects. —
6.1. In accordance with RA 7916, EO-124-1993, and EO-258-2000, the
following are priority development areas for land conversion:
6.1.1. Specific sites in 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.
6.1.2. Tourism Development Areas (TDA) identified by the
Department of Tourism (DOT) pursuant to EO-124-1993.
6.1.3. Agricultural areas intended for Eco Zone Projects, endorsed by
Philippine Economic Zone Authority (PEZA), pursuant to RA 7916.
6.1.4. Agricultural land, owned by the government, to be converted for
projects of national interest, as certified by proper government agency.
6.1.5. Agricultural land proposed to be developed as sites for
processing plants of agricultural products, as certified by the
Department of Agriculture.
6.1.6. Sites intended for telecommunication facilities endorsed by the
National Telecommunications Commission.
6.2. Housing projects are priority development projects for land
conversion that shall follow the fast-tracking scheme prescribed under EO-
 45-2001. When the application involves a mixed use of housing and non-
housing projects, the application shall not enjoy the privileges of housing
projects unless at least eighty percent (80%) of the land applied for
conversion shall be used directly and exclusively for housing.
SECTION 7. Lands within SAFDZ. — In accordance with Section 9 of RA
8435, the following rules shall govern conversion of lands within SAFDZ:
7.1. 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 SAFDZ shall
be subject to a conversion moratorium for a period of five (5) years from 10
February 1998 to 9 February 2003.
7.2. During the effectivity of the moratorium, conversion may be allowed
with respect to only five percent (5%) of said lands within SAFDZ upon
compliance with existing laws, rules and regulations.
7.3. The maximum of five percent (5%) of land(s) eligible for conversion
to non-agricultural use from the total SAFDZ area shall be jointly determined
by the DA and the DAR, upon the recommendation of the Regional and
National SAFDZ Committees pursuant to Rule 9.5.2 of DA-AO-6-1998, or
the implementing rules and regulations ofRA 8435.
7.4. After the expiration of the conversion moratorium, conversion may
be allowed on a case-to-case basis, subject to existing laws, rules and
regulations on land use conversion.
ARTICLE III
Procedures
SECTION 8. Criteria for Conversion. — The following criteria shall guide
the resolution of application for conversion:
8.1. Conversion may be allowed if the land subject of application is not
among those considered non-negotiable for conversion as provided in
Section 4 hereof.
8.2. Conversion may be allowed, in accordance with Section 65 of RA
6657, when the land has ceased to be economically feasible and sound for
agricultural purposes or the locality has become urbanized and the land will
have a greater economic value for residential, commercial, industrial, or
other non-agricultural purposes. ICTcDA

8.3. Conversion of lands within SAFDZ, as provided in Rule 9.5.2 of DA-

AO-6-1998, shall take into account the following factors:
 8.3.1. The conversion 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.
8.3.2. The area to be converted in use is not the only remaining food
production area of the community.
8.3.3. The land use conversion shall not hamper the availability of
irrigation to nearby farmlands.
8.3.4. The areas with low productivity will be accorded priority for land
use conversion.
8.3.5. Sufficient disturbance compensation shall be given to farmers
whose livelihood are negatively affected by the land use conversion as
provided for by existing laws and regulations.
8.4. When the agricultural land which is the subject of the application for
conversion has been acquired under RA 6657, its conversion shall be
allowed only if the applicant is the agrarian reform beneficiary thereof, and
after he has fully paid his obligation as required under Section 65 of RA
6657.
SECTION 9. Who May Apply for Conversion. — The following persons
may apply for conversion:
9.1. Owners of private agricultural lands or other persons duly authorized
by the landowner;
9.2. Beneficiaries of the agrarian reform program after the lapse of five
(5) years from award, reckoned from the date of the issuance of the
Certificate of Landownership Award (CLOA), and who have fully paid their
obligations and are qualified under these Rules, or persons duly authorized
by them; and
9.3. Government agencies, including government-owned or controlled
corporations, and LGUs, which own agricultural lands as their patrimonial
property.
SECTION 10. Documentary Requirements. — The applicant shall submit
in sextuplicate the following documents in six (6) separate bound folders (one [1]
original set and five [5] photocopy sets) with table of contents and page numbers
of all documents including photographs, sequentially numbered, except for maps
and development plans which shall likewise be in sextuplicate but shall be
submitted in six separate envelopes with contents properly labeled on each
envelope. Of the six (6) folders, two (2) will be transmitted to the Municipal
Agrarian Reform Officer (MARO), containing therein only the filled-up application
form and the documents specified in 10.4, 10.5 and 10.26 hereunder. The
remaining four folders shall contain all the documents enumerated hereunder
that are applicable. The arrangement thereof shall follow the sequence of the
enumeration below, with the requirement referred to in Section 10.1 hereof being
the first document after the table of contents:
10.1. Official receipt showing proof of payment of filing fee and inspection
cost.
10.2. Official receipt showing proof of posting of bond in accordance with
the terms and conditions set forth in Section 24 hereof.
10.3. Duly accomplished application for conversion subscribed and sworn
to before a notary public or any person authorized to administer oaths.
10.4. True copy of the Original Certificate of Title (OCT) or Transfer
Certificate of Title (TCT) of the subject land, certified by the Register of
Deeds not earlier than thirty (30) days prior to application filing date.
In case of untitled land, the following shall be required in lieu of a title:
10.4.1. Certification from the DENR Community Environment
and Natural Resources Officer (CENRO) that the
landholding has been classified as alienable and
disposable; and
10.4.2. Certification from the DENR CENRO (for administrative
confirmation of imperfect title) or the Clerk of Court (for
judicial confirmation of imperfect title) that the titling
process/proceedings has commenced and there are no
adverse claimants;
10.5. True copy of the Certificate of Title of the subject land as of 15 June
1988, and all successor Titles until the present Title referred to in Section
10.4 hereof, if applicable.
10.6. True copy of the current Tax Declaration covering the subject
property.
10.7. Project feasibility study.
10.8. Joint venture agreement or any other business arrangement on the
use of the land between the landowner and the developer (if the developer
is other than the landowner) or between the EP/CLOA holders and the
developer (if the land was awarded under the agrarian reform program).
10.9. Narrative description of the development plan describing in detail the
activities, program components, phasing, schedule, work and financial plan,
all duly certified by a licensed engineer, architect, or land use planner.
10.10. Proof of financial and organizational capability of the developer to
develop land, including the following information:
10.10.1. Statement of project cost and availability of potential
funding source(s) for the development of the proposed project;
10.10.2. Profile of the developer;
10.10.3. Most recent financial statement, not later than the year
before application, duly authenticated by a certified public accountant;
and
10.10.4. If the developer is a corporation or partnership, a copy of
its Certificate of Registration and recent General Information Sheet
(GIS) for the immediately preceding year, certified by the Securities
and Exchange Commission (SEC), or in lieu of the latter, a duly
accomplished GIS sworn to before a notary public, provided, that if the
land is to be used for socialized housing by the LGU under EO 124-
1993, a Sanggunian Resolution appropriating funds for the project and
authorizing the LGU to undertake the same shall be required:
Provided, further, that if the socialized housing shall be undertaken by
other government agencies such as the National Housing Authority
and the like, a board resolution approving the project and appropriating
funds therefor shall likewise be submitted.
10.11. Socio-Economic Benefit-Cost Study of the proposed project.
10.12. Photographs, size 5R (five [5] inches by seven [7] inches), using
color film, and taken on the landholding under sunlight. The applicant shall
attach the pictures to a paper background and the photographer who took
said pictures shall sign on said paper background to certify the authenticity
of the pictures. On each background paper shall be written a short
description of each picture. The pictures shall consist of:
10.12.1. At least four (4) photographs taken from the center of the
landholding: one (1) facing north, one (1) facing east, one (1) facing
south, and one (1) facing west;
10.12.2. At least one (1) photograph per corner, taken from each
corner of the landholding's borders.
10.12.3. At least two (2) photographs each for all distinct man-
made structures existing on the land, taken from opposite angles;
10.12.4. At least two (2) photographs each of the front view of the
billboard(s) required in Section 11 hereof. The applicant shall set aside
the second copy of said billboard photograph(s) for submission to the
MARO; and
 10.12.5. Sufficient number of photographs of the most conspicuous
landmarks from the nearest barangay center and leading to and from
the ingress and egress routes at the subject landholding, for the
purpose of assisting the ocular inspection team in locating the site.
10.13. Affidavit/Undertaking in a single document of the applicant stating:
10.13.1. The number and names of the farmers, agricultural
lessees, share tenants, farmworkers, actual tillers, and/or occupants in
the landholding; if there are no such persons, a statement attesting to
such fact;
10.13.2. That the applicant has paid or shall pay disturbance
compensation to the persons mentioned in Section 10.13.1 hereof, in
accordance with the computation, and under the terms and conditions,
in Section 28 hereof;
10.13.3. That the applicant has erected the required number of
billboards and undertakes not to remove, deface or destroy said
billboard, and that he shall repair or replace the same when damaged,
until after the approving authority disposes of the application with
finality;
10.13.4. That the applicant has not undertaken and shall not
undertake premature development prior to issuance of a Conversion
Order;
10.13.5. That he authorizes the DAR to forfeit his bond when he
undertakes any premature development within the area before or after
filing of the application for conversion; and
10.13.6. That he has not commenced any action or filed any claim
involving the same land in any court, tribunal or quasi-judicial agency;
to the best of his knowledge, no such other action or claim is pending
therein; he has no knowledge of any controversy or proceeding
involving the status of said parcel of land or the rights of person over
its possession and entitlement to fruits or as beneficiary, the
determination of which is filed before any tribunal, court, the DAR or
any other agency; to his own knowledge, no such action or proceeding
is pending in any court, tribunal, or quasi-judicial agency; and should
there be any same or similar action or proceeding involving the
property applied for conversion, which is either pending or may have
been terminated, he shall report such fact within five (5) days from
knowledge thereof to the approving authority where his aforesaid
application has been filed.
10.14. Certification of the MARO in a single document attesting compliance
with Section 14.1 hereof.
10.15. Certification from the HLURB Regional Officer on the actual zoning
or classification of the land subject of the application on the approved
comprehensive land use plan citing: (a) the municipal or city zoning
ordinance number; and (b) resolution number and date of approval by the
HLURB or the Sangguniang Panlalawigan concerned, as the case may be.
10.16. Certification from the authorized DA official stating, among others,
the classification of the property under the NPAAAD/SAFDZ, whether or not
the subject property is within the five percent (5%) limit of the SAFDZ
allowed for conversion and whether the land has ceased to be economically
feasible and sound for agricultural purposes. As provided for in DA-AO-2-
2002, Article VI, Paragraph "4.2", the certification inventory must include the
following information:
10.16.1. Location and accessibility;
10.16.2. Limitations to agricultural production, such as steep slope,
unstable soil condition (landslide, etc.); inadequate land drainage; very
shallow, stony, rocky soil; very serious boulder problem;
10.16.3. Existing land use;
10.16.4. Indication of premature development or alteration of land
use (with picture);
10.16.5. Land use of adjoining area;
10.16.6. Indication of non-agricultural development; and
10.16.7. Potential for agricultural production.
In the event the land being applied for is within the 5% allowable limit
under Section 9 of RA 8435, the investigation report accompanying the
inventory should also include the following information:
10.16.8. Total area of the SAFDZ;
10.16.9. Allowable 5% limit;
10.16.10. Total area already approved for reclassification by the DA;
10.16.11. Balance of the 5% allowable area; and
10.16.12. Balance of the 5% allowable area if the application is
approved.
10.17. Certification from the authorized DENR official stating, among others,
whether or not the subject land is within the NIPAS, mossy and virgin
forests, riverbanks, or swamp forests and marshlands; within an ECA, or will
involve the establishment of an ECP.
10.18. Environmental Compliance Certificate (ECC) when the subject land
is within an ECA or will involve the establishment of an ECP.
10.19. If applicable, Special Power of Attorney (SPA), when the applicant is
not the registered owner.
10.20. If applicable, notarized secretary's certificate of a
corporate/cooperative board resolution authorizing the representative, when
the applicant is a corporation or cooperative.
10.21. If applicable, concurrence letter of the mortgagee or of the individual
or entity in whose favor the encumbrance was constituted, when the
property is encumbered.
10.22. If applicable, endorsement from the concerned government agency,
when the application involves a priority development area or project.
10.23. If applicable, Land Bank of the Philippines (LBP) certification
attesting that the applicant-landowner has fully paid his obligations to the
LBP, when the applicant-landowner is a beneficiary of the agrarian reform
program.
10.24. If applicable, Provincial Agrarian Reform Officer (PARO) certification
attesting that the applicant-landowner acquired the subject land from a
landed-estate or under the Voluntary Land Transfer/Direct Payment
Scheme (VLT/DPS) and he has already fully paid his obligation thereunder,
when the applicant-landowner is a beneficiary of the agrarian reform
program.
10.25. Vicinity map and a lot plan prepared by a duly-licensed geodetic
engineer indicating the lots being applied for and their technical
descriptions, name of owner/s, lot number and area. The map shall highlight
the specific area applied for conversion if the application covers less than
the total lot area.
10.26. Directional sketch map showing the orientation of the subject
property in relation to adjoining lands and nearest provincial and/or national
and/or feeder roads, to facilitate and determine the location of the property
for the purpose of ocular inspection. The map shall: indicate the existing
infrastructure and/or improvements thereon including any house or tillage
thereupon of any occupant therein; landmarks within a one (1) kilometer
radius; and owners of adjacent properties. The map need not be drawn to
scale.
 10.27. Map of the development plan. For socialized housing projects,
blueprint copy of the development plan submitted and certified by the
HLURB as basis for its certification that the project conforms with the
minimum standards of Batas Pambansa Bilang 220.
10.28. Topographic Map if the subject property is within an upland, hilly or
mountainous area.
As a general rule, the applicant shall submit all the foregoing applicable
requirements from Sections 10.1 to 10.28 hereof at the time of application
filing. However, for applications involving housing projects under EO-45-
2001, he may defer the submission of the requirements mentioned in
Sections 10.15 to 10.18 hereof and follow the alternative timetable in
Sections 22.9.2 and 22.21 hereof.
SECTION 11. Public Notice — The applicant shall post, in a conspicuous
place(s) within the subject property, a public notice contained in a billboard made
of strong weather-resistant material such as plywood, galvanized iron, tin,
panaflex, or other similar durable material, measuring 1.22 meters by 2.44
meters (4 feet by 8 feet). If the landholding has an area of more than twenty (20)
hectares, the applicant shall erect one (1) billboard for every twenty (20)
hectares, on strategic and visible points in the landholding, preferably along a
road. The billboard shall be written in the local dialect and shall display all the
information mentioned below, to wit:
11.1. Statement that the applicant is proposing to convert the subject
landholding from agricultural to non-agricultural use;
11.2. Complete name of the landowner(s) and applicant(s) and
developer(s);
11.3. Total area and exact location of the conversion proposal;
11.4. Filing date of application for conversion;
11.5. Date of posting of billboard;
11.6. Schedule of ocular inspection;
11.7. Deadline for filing protest;
11.8. Address of the CLUPPI and RCLUPPI and PARO where oppositors
may formally file their protest;
11.9. Address of the approving authority; and
11.10. Date of approval or denial of the application, which shall be left
blank, and which the applicant shall fill up upon approval or denial of the
application.
 SECTION 12. Where to file application and Approving Authority. —
12.1. Duly accomplished and notarized application forms and the complete
documentary requirements sit forth in Section 10 hereof shall be filed with
the following offices:
12.1.1. Regional Center for Land Use Policy Planning and
Implementation (RCLUPPI), located at the DAR
Regional Office, for applications involving lands with
an area less than or equal to five (5) hectares, or a
fraction above five (5) hectares. The Regional Director
shall be the approving authority for such applications;
and
12.1.2. Center for Land Use Policy Planning and
Implementation (CLUPPI), located at the DAR Central
Office, for applications involving lands with an area
larger than five (5) hectares. The Secretary shall be
the approving authority for such applications and may
delegate the same authority to any Undersecretary.
12.2. When the application concerns a parcel of land that is adjacent to
another parcel of land that was previously granted a Conversion Order, and
the sum of the areas of both adjoining parcels of land exceeds five (5)
hectares, the approving authority for the present application shall be the
Secretary, acting upon the recommendation of the CLUPPI.
12.3. When the applicant owns or represents the owner(s) of two (2) or
more parcels of land within the same barangay or within two (2) or more
barangays that are adjacent to each other, and the sum of the areas of said
parcels of land exceeds five (5) hectares, the approving authority for an
application involving any of said parcels of land shall be the Secretary,
acting upon the recommendation of the CLUPPI.
12.4. When a single project proposes the conversion of two (2) or more
parcels of land with different owners but within the same barangay or within
two (2) or more barangays that are adjacent to each other, and the sum of
the areas of said parcels of land exceeds five (5) hectares, the approving
authority for an application involving any of said parcels of land shall be the
Secretary, acting upon the recommendation of the CLUPPI.
12.5. When the applicant or any oppositor challenges the jurisdiction of the
approving authority on the ground of error in computation of jurisdictional
area, and a higher authority takes cognizance of the dispute, the DAR
approving authority shall hold in abeyance the application for conversion
until said higher authority determines with finality the correct jurisdictional
area.
12.6. Except in housing projects, the PLUTC shall act as the
recommending body when the application involves lands with an area larger
than five (5) hectares and which is highly restricted from conversion as per
Section 5 hereof, or when, in the opinion of the Secretary, the application
requires inter-agency inputs that are crucial for its judicious disposition.
12.7. The CLUPPI shall organize a Secretariat that shall be responsible for
processing all land use conversion applications and shall be the repository
of all records pertaining thereto. The CLUPPI/RCLUPPI shall be a one-stop
processing center for conversion applications undertaken in line with
housing projects under EO-45-2001. The RCLUPPI shall adopt the standard
docketing system, and adopt its own document-tracing system, and shall
forward to the CLUPPI all its decisions/resolutions/final orders, together with
its quarterly statistic report on land use conversion applications, for
monitoring and consolidation of status reports by the CLUPPI and
safekeeping of the decisions/resolutions/final orders by the Records
Division. The CLUPPI shall be responsible for the centralized printing of all
applications for land use conversion.
SECTION 13. Filing Fee and Inspection Cost. —
13.1. Filing Fee:
13.1.1. One thousand (1,000) pesos for applications involving
lands with an area less than or equal to five (5) hectares; or
13.1.2. Two thousand (2,000) pesos for applications involving
lands with an area larger than five (5) hectares.
13.2. Inspection Cost:
13.2.1. For applications involving lands with an area less than or
equal to five (5) hectares:
13.2.1.1. Ten thousand (10,000) pesos if the subject
landholding is within the same island as that of the Office of the
Regional Director; or
13.2.1.2. Fifteen thousand (15,000) pesos if the subject
landholding is not within the same island as that of the Office of
the Regional Director.
13.2.2. For applications involving lands with an area larger than
five (5) hectares:
13.2.2.1. Ten thousand (10,000) pesos if the subject
landholding is within the main island of Luzon (except Bicol
peninsula);
 13.2.2.2. Fifteen thousand (15,000) pesos if the subject
landholding is within Regions I to IV but is not located within the
main island of Luzon;
13.2.2.3. Fifteen thousand (15,000) pesos if the subject
landholding is in Bicol Peninsula or Visayas group of islands; or
13.2.2.4. Twenty thousand (20,000) pesos if the subject
landholding is in the Mindanao group of islands.
SECTION 14. MARO Certification. —
14.1. Upon accomplishing the application form, the applicant shall furnish
the MARO with a photocopy of the same, together with a photocopy of the
title(s) in Sections 10.4 and/or 10.5 hereof and directional sketch map in
Section 10.26 hereof. Upon receipt thereof, the MARO shall:
14.1.1. check the status of CARP coverage on and around the
subject land;
14.1.2. inspect the applicant's billboard posting;
14.1.3. check the presence of any farmer, agricultural lessee,
share tenant, farm worker, actual tiller, or occupant; and
14.1.4. post the notices of application in a conspicuous place in
the municipality and a conspicuous place in the barangay covering the
subject land (or a larger portion of the subject land for properties that
overlap on more than one barangay).
Thereafter, the MARO shall accomplish a certification of his findings
thereon, furnishing the applicant with the original copy of the certificate, as
required under Section 10.14 hereof.
14.2. For housing projects under EO-45-2001, if the MARO fails to act
upon the request for certification within ten (10) days from receipt of
request, the applicant shall notify the RCLUPPI/CLUPPI of such failure by
personally filing an affidavit reporting such inaction. The RCLUPPI/CLUPPI
shall investigate the reason for the non-issuance and take the steps
necessary for the judicious resolution of the pending application for
conversion. Simultaneously, the disciplining authority of the DAR shall, after
proper investigation, impose upon the erring MARO the proper
administrative sanction(s).
SECTION 15. Ocular Inspection. —
15.1. The ocular inspection shall be conducted on the property by the
RCLUPPI/CLUPPI.
15.2. The team designated to conduct ocular inspection shall verify and
evaluate the following:
 15.2.1. Veracity of information contained in the application for
land use conversion;
15.2.2. Description of the property(ies) applied for conversion,
including among others the location, terrain/topography, land cover
and dominant land use of the subject land and the surrounding areas;
15.2.3. Status of the coverage under CARP of the land applied for
conversion;
15.2.4. Whether or not the land applied for conversion falls within
the appropriate zone in the land use plan of the city or municipality;
15.2.5. Existence of farmers, agricultural lessees, share tenants,
farmworkers, actual tillers, and/or occupants on the subject land;
15.2.6. Whether or not the farmers, agricultural lessees, share
tenants, farmworkers, actual tillers, and/or occupants have been paid
or have agreed to the terms of the disturbance compensation due
them; and
15.2.7. Other information, relevant and useful in deciding whether
to approve/disapprove the application for conversion.
15.3. The Barangay Agrarian Reform Council (BARC) and Barangay
Chairman shall be notified of the ocular inspection but their presence is not
mandatory.
SECTION 16. Protest. — Persons affected by the proposed land use
conversion, such as identified beneficiaries, farmers, agricultural lessees, share
tenants, actual tillers, occupants, or residents of adjoining properties or
communities, may file a written protest against the application for conversion
within thirty (30) days from posting of the requisite billboard(s) under Section 11
hereof, or within fifteen (15) days from conduct of ocular inspection, whichever is
later. For applications involving housing projects under EO-45-2001, the protest
period shall be within seventeen (17) days from posting of the requisite
billboard(s) under Section 11 hereof, or within five (5) days from conduct of
ocular inspection, whichever is later. Thereafter, the RCLUPPI/CLUPPI shall
furnish all oppositors with copies of all orders or actions taken relative to the
subject application. An oppositor who is an identified Agrarian Reform-
Beneficiary (ARB) of the land applied for conversion, and who failed to file a
written protest within the protest period due to fraud, accident, mistake, or
excusable neglect, may intervene at any time during the pendency of the
application. The filing of any protest shall interrupt any running period for
processing applications for conversion, and shall lift the deadline for approving or
disapproving the application.
 SECTION 17. Where to file protest. — Protests against the application for
conversion shall be filed with the PARO and/or RCLUPPI and/or CLUPPI, as the
case may be, by personal service, if feasible. An oppositor who files a protest
before the PARO shall do so by personal service, not by mail. Upon receipt of a
protest by personal service, the PARO shall, before the end of the next working
day, communicate with the RCLUPPI/CLUPPI by telephone or text message, to
inform the members thereof of such protest, and send a corresponding telegram
and/or radiogram which shall serve as written proof of compliance with the
protest notification requirement herein. Within four (4) working days from receipt
of the protest, the PARO shall transmit, by courier or speed delivery, to the
RCLUPPI/CLUPPI the original copy of the protest itself, and keep a photocopy
thereof in his custody. Failure of the PARO to comply with the directive under this
Section shall subject him to the appropriate disciplinary action.
SECTION 18. Examination of Records. — Any interested person or his
duly authorized representative or counsel may request from the
CLUPPI/RCLUPPI or PARO/MARO a copy of the application, including the
attachments thereto, but not the DAR inter-office endorsement/recommendation
and other documents as set forth in DAR MC-25-1995. The CLUPPI/RCLUPPI
shall not divulge its recommendation so as not to pre-empt the final decision of
the proper approving authority.
SECTION 19. Resolution of Protest. — The approving authority shall
resolve the protest simultaneously with the application for conversion. Whenever
necessary, the approving authority may, motu propio or upon motion by any
oppositor, issue a Cease and Desist Order (CDO).
SECTION 20. Grounds for Protest/Denial of Conversion. — Protests
against the application and denial of the application may be instituted or founded
on any of the following grounds:
20.1. The area under application is non-negotiable for conversion;
20.2. The adverse effects of the displacement to be caused by the
proposed conversion far outweigh the social and economic benefits to the
affected communities;
20.3. Misrepresentation or concealment of facts material to the application
for conversion;
20.4. Illegal or premature conversion;
20.5. Existence of proof that conversion was resorted to as a means to
evade CARP coverage and to dispossess the tenant farmers of the land
tilled by them.
 20.6. The land applied for conversion has not ceased to be economically
feasible and sound for agricultural purposes, or the locality where it is found
has not become urbanized and the land will not have a greater economic
value for residential, commercial or industrial purposes. (Section 65 of RA
6657)
20.7. The applicant has violated, or the application for conversion is
violative, of agrarian laws, rules and regulations as well as other applicable
statutes and other administrative issuances.
SECTION 21. Processing of Applications. — The following steps are the
procedure for ordinary conversions that do not involve "priority development
areas and projects" nor housing projects under Section 6 hereof:
21.1. The applicant shall first secure an Application Form from the
RCLUPPI or CLUPPI.
21.2. Following the instructions that accompany the Application Form, the
applicant shall install the public notice billboard(s) required under Section 11
hereof.
21.3. Immediately thereafter, the applicant shall fill up the Application Form
with all the necessary data. He shall reproduce at least five (5) clear
photocopies of the accomplished Application Form and place them in five
(5) separate folders (plus a sixth folder for the original set), the distribution
of which shall be as follows:
21.3.1. The original copy for the RCLUPPI/CLUPPI (the receiving
clerk must rubberstamp the words "ORIGINAL" on the original copy);
21.3.2. Three (3) photocopies for the RCLUPPI/CLUPPI; and
21.3.3. Two (2) photocopies which the applicant shall furnish to
the MARO as advance copies.
21.4. When furnishing the MARO with folders of the application, the
applicant shall attach to the filled-up application form, clear photocopies of
the:
21.4.1. Title(s) required under either Section 10.4 and/or Section
10.5 hereof, and
21.4.2. Directional sketch map required under Section 10.26
hereof.
21.5. Within five (5) days from receipt of the folders containing the
documents in Section 21.4 hereof, the MARO shall keep one folder for
himself and transmit the other folder to the PARO.
21.6. Within twenty (20) days from receipt of the above folder, the MARO
shall: check the status of CARP coverage on the subject land; inspect the
billboard; check presence of farmers, agricultural lessees, share tenants,
farm workers, actual tillers, or occupants; post notices of the application in a
conspicuous place in the municipality and a conspicuous place in the
barangay covering the subject land (or a larger portion of the subject land
for properties that overlap on more than one barangay); prepare a single-
document MARO certification reporting the result of all the foregoing tasks;
and make available to the applicant the original copy of said MARO
certification.
21.7. If the MARO fails to act upon the request for issuance of the above
certification within twenty (20) days from receipt of the request, the applicant
shall notify the PARO and RCLUPPI/CLUPPI of such failure by personally
filing an affidavit reporting such inaction. Within five (5) days from receipt of
the affidavit of inaction, the PARO shall compel the MARO to act upon the
request. If the MARO still refuses to act for no justifiable reason, the PARO
shall, within twenty (20) days from receipt of the affidavit of inaction, perform
by himself the duties abandoned by the MARO. Meantime, the disciplining
authority of the DAR, shall, after proper investigation, impose upon said
MARO the appropriate administrative sanction(s).
21.8. At this juncture, the applicant has four (4) application forms left after
furnishing two (2) advance copies for the MARO and PARO. The applicant
shall place said application forms in the remaining four (4) folders and all
the applicable documentary requirements set forth in Section 10 hereof, all
the originals being in one (1) folder, and the photocopies thereof being in
the three (3) other folders. These four (4) folders shall be the initiatory
pleading of the application for conversion.
21.9. The applicant shall submit to the RCLUPPI/CLUPPI the four (4)
folders. The RCLUPPI/CLUPPI shall then review the completeness of the
folders. If found complete, the applicant shall pay the filing fees and
inspection cost (in accordance with Section 13 hereof) and post the
necessary bond (in accordance with Section 24 hereof), after which the
RCLUPPI/CLUPPI may accept the application. Acceptance date of the
folders shall be the "Filing Date" of the application.
21.10. The distribution of the four (4) folders shall be as follows: The
RCLUPPI/CLUPPI shall keep a folder containing the originals and a folder
containing photocopies. At the same time, the RCLUPPI/CLUPPI
Secretariat shall transmit the remaining two (2) folders to the PARO and
MARO respectively. Immediate transmittal of said folders is important
because the PARO shall utilize the information therein when acting upon
any protest against the application, or when issuing any comment that he
may wish to submit to the RCLUPPI/CLUPPI in connection with the
application.
21.11. Within ten (10) days from Filing Date, the RCLUPPI/CLUPPI shall
issue to the applicant a Notice of Conduct of Ocular Inspection, indicating
the date thereof. The ocular inspection shall be held not earlier than ten (10)
days nor later than twenty (20) days from issuance date of the Notice of
Conduct of Ocular .Inspection. The RCLUPPI/CLUPPI shall inform the
MARO by the fastest means of communication of the date of ocular
inspection with instructions to ensure dissemination of the Notice to all
farmers, agricultural lessees, share tenants, farmworkers, actual tillers, or
occupants in the subject landholding.
21.12. The applicant shall transmit said Notice to the MARO and indicate
the ocular inspection date on the billboard(s) at least five (5) days before
conduct of ocular inspection. On or before ocular inspection date, the
applicant shall submit to the RCLUPPI/CLUPPI a proof that the MARO was
able to receive a copy of said Notice.
21.13. The RCLUPPI/CLUPPI shall then conduct ocular inspection, and if
possible, hold a dialogue with the farmers, agricultural lessees, share
tenants, farmworkers, actual tillers, or occupants found in the subject
landholding.
21.14. The RCLUPPI/CLUPPI ocular inspection team shall, within five (5)
days from conduct of ocular inspection, accomplish an Investigation Report
which shall include the result of its dialogue.
21.15. The RCLUPPI/CLUPPI shall deliberate on the merits of the
application and may call the applicant and/or oppositor(s), if any, for
clarificatory questioning, to judiciously resolve any dispute arising from the
application. The RCLUPPI shall invite the PARO to participate in the
deliberations. Upon his discretion, the PARO may submit a written comment
to the RCLUPPI/CLUPPI.
21.16. Within sixty (60) days from issuance of the MARO certification, but
not later than eighty (80) days from Filing Date, the RCLUPPI/CLUPPI shall
forward its recommendation, together with the records, to the approving
authority.
21.17. Within thirty (30) days from submission of the recommendation, the
approving authority shall resolve the application and furnish copies of the
decision to the applicant and oppositor(s), if any.
21.18. The filing of any protest shall interrupt any running period for
processing applications for conversion and shall lift the deadline for
approving or disapproving the application. Upon receipt of a protest, the
 RCLUPPI/CLUPPI shall order the filing of a comment, reply, rejoinder, and
such other pleadings that may aid in a judicious resolution of the protest
issues, and thereafter schedule hearings where the parties may present
their respective evidence. After conclusion of the hearings, the
RCLUPPI/CLUPPI shall submit its recommendation to the approving
authority which shall resolve the protest simultaneously with the application.
SECTION 22. Processing of Applications Involving Priority Development
Areas and Projects. — Applications involving "priority development areas and
projects" under Section 6.1 hereof, and housing projects under Section 6.2
hereof, shall follow the following steps:
22.1. The applicant shall first secure an Application Form from the
RCLUPPI or CLUPPI.
22.2. Following the instructions that accompany the Application Form, the
applicant shall install the public notice billboard(s) required under Section 11
hereof.
22.3. Immediately thereafter, the applicant shall fill up the Application Form
with all the necessary data. He shall reproduce at least five (5) clear
photocopies of the accomplished Application Form and place them in five
(5) separate folders (plus a sixth folder for the original set), the distribution
of which shall be as follows:
22.3.1. The original copy for the RCLUPPI/CLUPPI (the receiving
clerk must rubberstamp the words "ORIGINAL" on the original copy);
22.3.2. Three (3) photocopies for the RCLUPPI/CLUPPI; and
22.3.3. Two (2) photocopies which the applicant shall furnish to
the MARO as advance copies.
22.4. When furnishing the MARO with folders of the application, the
applicant shall attach to the filled-up application form, clear photocopies of
the:
22.4.1. Title(s) required under either Section 10.4 and/or Section
10.5 hereof; and
22.4.2. Directional sketch map required under Section 10.26
hereof.
22.5. Within five (5) days from receipt of the folders containing the
documents in Section 22.4 hereof, the MARO shall keep one folder for
himself and transmit the other folder to the PARO.
22.6. MARO certification:
 22.6.1. Priority development areas and projects under Section 6.1
hereof. Within twenty (20) days from receipt of the above folder, the
MARO shall: check the status of CARP coverage on the subject land;
inspect the billboard; check presence of farmers, agricultural lessees,
share tenants, farm workers, actual tillers, or occupants; post notices
of the application in a conspicuous place in the municipality and a
conspicuous place in the barangay covering the subject land (or a
larger portion of the subject land for properties that overlap on more
than one barangay); prepare a single-document MARO certification
reporting the result of all the foregoing tasks; and make available to
the applicant the original copy of said MARO certification.
22.6.2. Housing projects under Section 6.2 hereof (EO-45-2001).
Within ten (10) days from receipt of the above folder, the MARO shall:
check the status of CARP coverage on the subject land; inspect the
billboard; check presence of farmers, agricultural lessees, share
tenants, farm workers, actual tillers, or occupants; post notices of the
application in a conspicuous place in the municipality and a
conspicuous place in the barangay covering the subject land (or a
larger portion of the subject land for properties that overlap on more
than one barangay); prepare a single-document MARO certification
reporting the result of all the foregoing tasks; and make available to
the applicant the original copy of said MARO certification.
22.7. MARO inaction:
22.7.1. Priority development areas and projects under Section 6.1
hereof. If the MARO fails to act upon the request for issuance of the
above certification within twenty (20) days from receipt of the request,
the applicant shall notify the PARO and RCLUPPI/CLUPPI of such
failure by personally filing an affidavit reporting such inaction. Within
five (5) days from receipt of the affidavit of inaction, the PARO shall
compel the MARO to act upon the request. If the MARO still refuses to
act for no justifiable reason, the PARO shall, within twenty (20) days
from receipt of the affidavit of inaction, perform by himself the duties
abandoned by the MARO. Meantime, the disciplining authority of the
DAR shall, after proper investigation, impose upon said MARO the
appropriate administrative sanction(s).
22.7.2. Housing projects under Section 6.2 hereof (EO-45-2001).
If the MARO fails to act upon the request for said certification within
ten (10) days from receipt of the request, the applicant shall notify the
RCLUPPI/CLUPPI of such failure by personally filing an affidavit
reporting such inaction. The RCLUPPI/CLUPPI shall investigate the
reason for the non-issuance and take the steps necessary for the
 judicious resolution of the pending application for conversion.
Simultaneously, the disciplining authority of the DAR shall, after proper
investigation, impose upon the erring MARO the proper administrative
sanction(s).
22.8. At this juncture, the applicant has four (4) application forms left after
furnishing two (2) advance copies for the MARO and PARO. The applicant
shall place said application forms in the remaining four (4) folders and all
the applicable documentary requirements set forth in Section 10 hereof, all
the originals being in one (1) folder, and the photocopies thereof being in
the three (3) other folders. These four (4) folders shall be the initiatory
pleading of the application for conversion.
22.9. Filing Date:
22.9.1. Priority development areas and projects under Section 6.1
hereof . The applicant shall submit to the RCLUPPI/CLUPPI the four
(4) folders containing all the applicable documentary requirements set
forth in Section 10 hereof. The RCLUPPI/CLUPPI shall then review the
completeness of the application. If found complete, the applicant shall
pay the filing fee and inspection cost (in accordance with Section 13
hereof) and post the necessary bond (in accordance with Section 24
hereof), after which the RCLUPPI/CLUPPI may accept the application.
Acceptance date of the folders shall be the "Filing Date" of the
application.
22.9.2. Housing projects under Section 6.2 hereof (EO-45-2001).
The applicant shall submit to the RCLUPPI/CLUPPI the four (4) folders
containing all the applicable requirements set forth in Section 10
hereof except those in Sections 10.15 to 10.18 (certifications from the
HLURB, DA, and DENR) which the applicant may submit at a later
time. The RCLUPPI/CLUPPI shall then review the completeness of the
application. If found complete, the applicant shall pay the filing fee and
inspection cost (in accordance with Section 13 hereof) and post the
necessary bond (in accordance with Section 24 hereof), after which
the RCLUPPI/CLUPPI may accept the application. Acceptance date of
the folders shall be the "Filing Date" of the application.
22.10. The distribution of the four (4) folders shall be as follows: The
RCLUPPI/CLUPPI shall keep a folder containing the originals and a folder
containing photocopies. At the same time, the RCLUPPI/CLUPPI
Secretariat shall transmit the remaining two (2) folders to the PARO and
MARO respectively. Immediate transmittal of said folders is important
because the PARO shall utilize the information therein when acting upon
any protest against the application, or when issuing any comment that he
may wish to submit to the RCLUPPI/CLUPPI in connection with the
application.
22.11. Within five (5) days from Filing Date, the RCLUPPI/CLUPPI shall
issue to the applicant a Notice of Conduct of Ocular Inspection, indicating
the date thereof. The ocular inspection shall be held not earlier than ten (10)
days nor later than fifteen (15) days from issuance date of the Notice of
Conduct of Ocular Inspection. The RCLUPPI/CLUPPI shall inform the
MARO by the fastest means of communication of the date of ocular
inspection with instructions to ensure dissemination of the Notice to all
farmers, agricultural lessees, share tenants, farmworkers, actual tillers, or
occupants in the subject landholding.
22.12. The applicant shall transmit said Notice to the MARO and indicate
the ocular inspection date on the billboard(s) at least five (5) days before
conduct of ocular inspection. On or before ocular inspection date, the
applicant shall submit to the RCLUPPI/CLUPPI a proof that the MARO was
able to receive a copy of said Notice.
22.13. The RCLUPPI/CLUPPI shall then conduct ocular inspection, and if
possible, hold a dialogue with the farmers, agricultural lessees, share
tenants, farmworkers, actual tillers, and/or occupants found in the subject
landholding.
22.14. The RCLUPPI/CLUPPI ocular inspection team shall, within five (5)
days from conduct of ocular inspection, accomplish an Investigation Report
which shall include the result of its dialogue.
22.15. The RCLUPPI/CLUPPI shall deliberate on the merits of the
application and may call the applicant and/or oppositor(s), if any, for
clarificatory questioning to judiciously resolve any dispute arising from the
application. The RCLUPPI shall invite the PARO to participate in the
deliberations. Upon his discretion, the PARO may submit a written comment
to the RCLUPPI/CLUPPI.
22.16. RCLUPPI/CLUPPI recommendation:
22.16.1. Priority development areas and projects under Section 6.1
hereof . Within forty (40) days from issuance of the MARO certification,
but not later than sixty (60) days from Filing Date, the
RCLUPPI/CLUPPI shall forward its recommendation, together with the
records, to the approving authority.
22.16.2. Housing projects under Section 6.2 hereof (EO-45-2001).
Within thirty (30) days from issuance of the MARO certification or filing
of affidavit of MARO inaction, but not later than forty (40) days from
 Filing Date, the RCLUPPI/CLUPPI shall forward its recommendation,
together with the records, to the approving authority.
22.17. The filing of any protest shall interrupt the running period for
processing applications for conversion and shall lift the deadline for
approving or disapproving the application. Upon receipt of a protest, the
RCLUPPI/CLUPPI shall order the filing of a comment, reply, rejoinder, and
such other pleadings that may aid in a judicious resolution of the protest
issues, and thereafter schedule hearings where the parties may present
their respective evidence. After conclusion of the hearings, the
RCLUPPI/CLUPPI shall submit its recommendation to the approving
authority which shall resolve the protest simultaneously with the application.
22.18. Protests against applications involving housing projects shall likewise
interrupt the running period and lift the deadline for approving or
disapproving the application. In line with Section 4(c) of EO 45-2001, the
RCLUPPI/CLUPPI shall make a preliminary determination on whether or not
the protest stands on valid grounds. When the protest is prima
facie meritorious, the RCLUPPI/CLUPPI shall order the filing of a comment,
reply, rejoinder, and such other pleadings that may aid in a judicious
resolution of the protest issues, and thereafter schedule hearings where the
parties may present their respective evidence. After conclusion of the
hearings, the RCLUPPI/CLUPPI shall submit its recommendation to the
approving authority which shall resolve the protest simultaneously with the
application.
22.19. Approving Authority Decision:
22.19.1. Priority development areas and projects under Section 6.1
hereof . Within thirty (30) days from submission of the
recommendation, the approving authority shall resolve the application
and furnish copies of the decision to the applicant and oppositor(s), if
any.
22.19.2. Housing projects under Section 6.2 hereof (EO-45-2001).
Within thirty (30) days from submission of the recommendation, the
approving authority shall resolve the application and furnish copies of
the decision to the applicant and oppositor(s), if any. The thirty (30)
day period herein shall not run unless the applicant submits to the
approving authority the requirements set forth in Sections 10.15 and
10.16 (certifications from the HLURB and DA).
22.20. In housing projects under EO-45-2001, when the approving authority
finds the application meritorious, but the applicant has not yet submitted the
necessary DENR certifications referred to in Sections 10.17 and 10.18
hereof, the approving authority shall not issue any Conversion Order, but
 may, in lieu thereof, issue a Provisional Conversion Order. A Provisional
Conversion Order does not allow the applicant to undertake any
development activity on the subject land. No reglementary period for filing a
motion for reconsideration or appeal shall run upon the issuance of a
Provisional Conversion Order. The issuance of the final Conversion Order
or its denial shall be done only after the approving authority has received
from the DENR: a certification that the subject land is not within the NIPAS;
and an ECC or a certification that the same is not necessary.
SECTION 23. Bond. — To guarantee that the applicant shall not undertake
premature conversion pending consideration of the application, and ensure
faithful compliance with the conditions of the Conversion Order by the
applicant/developer, cash or surety bonds shall be required pursuant to Section
35, Chapter 6, Book IV of the Administrative Code of 1987.
23.1. No surety bond shall be acceptable except that issued by the
Government Service Insurance System (GSIS), in line with the Office of
the President (OP) Administrative Order (AO) No. 33 [25 August 1987], as
amended by OP-AO-141 [12 August 1994], "Prescribing Guidelines for the
Insurance of All Properties, Contracts, Rights of Action and other Insurance
Risks of the Government, Including Those in Which the Government Has an
Insurable Interest, with the General Insurance Fund of the Government
Service Insurance System". This Guidelines expressly repeals all provisions
in DAR-MC-9-1999 relating to posting of bond.
23.2. The PARO shall be the recommending authority in resolving all
motions for withdrawal or refund of bond.
SECTION 24. Bond To Guarantee Against Premature Conversion. —
24.1. The applicant shall, upon filing of the application, post a cash bond
equivalent to at least two point five percent (2.5%) of the zonal value of the
land per latest issuance of the Department of Finance, in the form of cash or
manager's/cashier's check posted in favor of the DAR.
24.2. In lieu of a cash bond, the applicant may post a surety bond, issued
by the GSIS, equivalent to at least fifteen percent (15%) of the total zonal
value of the land per latest issuance of the Department of Finance,
indicating the following conditions at the minimum that:
24.2.1. The bond is callable on demand;
24.2.2. The DAR shall forfeit the bond in favor of the Agrarian
Reform Fund when it finds the applicant carrying out any premature
conversion activity; and
 24.2.3. The validity of the bond shall be for a period of one (1)
year, renewable by not more than one (1) year when necessary.
24.3. The DAR shall forfeit the bond in favor of the Agrarian Reform Fund
when the applicant, or any person acting in his behalf, carries out any actual
conversion activity on the land prior to the application's approval. Forfeiture
shall be without prejudice to the filing of criminal charges against those
responsible for premature conversion.
24.4. After faithful compliance with the terms and conditions of the bond,
the applicant may opt to refund or convert the same into a performance
bond after issuance of the Conversion Order.
24.5. The following projects shall be exempt from posting a "bond to
guarantee against premature conversion":
24.5.1. Socialized housing projects as certified by the HLURB;
24.5.2. Resettlement projects for families displaced by
development of government projects as certified by the National
Housing Authority (NHA); and
24.5.3. Community Mortgage Program (CMP) projects as certified
by the National Home Mortgage Finance Corporation (NHMFC).
When the application involves a mixed use of socialized and non-
socialized housing projects, the application shall not enjoy any bond exemption
for socialized housing unless at least eighty (80) percent of the land applied for
conversion shall be used directly and exclusively for socialized housing.
SECTION 25. Convertibility of Bond. — An applicant who posted a "bond
to guarantee against premature conversion" using a GSIS surety bond may
thereafter opt to convert said surety bond into a performance bond after securing
the consent of the GSIS, in line with Article 2079 of the Civil Code.
SECTION 26. Performance Bond. — Within five (5) days from receipt of a
copy of the Conversion Order, the applicant shall post a performance bond in the
form of either of the following:
26.1. Cash or manager's/cashier's check equivalent to at least two point
five percent (2.5%) of the total zonal value of the land per latest issuance of
the Department of Finance; or
26.2. GSIS surety bond equivalent to at least fifteen percent (15%) of the
total zonal value of the land per latest issuance of the Department of
Finance, indicating the following conditions at the minimum that:
26.2.1. The bond is callable on demand;
 26.2.2. A photocopy of the approved Conversion Order is
attached and forms part of the bond;
26.2.3. The DAR shall forfeit the bond in favor of the Agrarian
Reform Fund when it finds the applicant in default of his obligation to
complete development of the land and/or comply with any of the
conditions in the Conversion Order; and
26.2.4. The validity of the bond shall be equivalent to the
prescribed period of development of the area under the Conversion
Order.
SECTION 27. Reimbursement for Government Investment. — Pursuant to
DA-AO-6-1998, in case of approved conversion of land within SAFDZ, the
registered owner shall pay the government, through the Treasurer of the
Philippines, the amount equivalent to the government's investment cost, including
inflation, estimated to include all expenditures for capital goods expended by any
and all agencies, financed from public, national or local budget resources,
whether sourced from domestic or foreign, on the land applied for land use
conversion, provided, that:
27.1. The valuation of such investments will be equivalent to the total
government expenditure made on the land in question, adjusted for average
inflation over the period starting from the beginning of investment up to the
month of approval of conversion;
27.2. The valuation shall be determined jointly by the Municipal Assessor
and Municipal Treasurer, in consultation with those agencies which have
made public investments in the area; and
27.3. The payment of the landowner shall be made in a single, lump sum
payment to the Treasurer of the Philippines through the Municipal Treasurer
of the Municipality where the farmland concerned is located.
SECTION 28. Disturbance Compensation. —
28.1. The applicant and/or landowner and/or developer shall pay
disturbance compensation in cash or kind or combination of cash and kind
to the farmers, agricultural lessees, share tenants, farmworkers, actual
tillers, and/or occupants affected by the conversion, in such amounts or
under such terms as the parties may mutually agree upon.
28.2. The amount of disturbance compensation shall not be less than five
(5) times the average of the gross harvests on the target landholding during
the last five (5) preceding calendar years, pursuant to Section 36 of RA
3844, as amended by Section 7 of RA 6389.
 28.3. Compensation in kind may consist of some or all or mixture of
housing, homelots, employment, and/or other benefits. The DAR shall
approve the terms of any agreement for the payment of disturbance
compensation and monitor compliance therewith. In no case shall
compliance with the terms and conditions thereof extend beyond sixty (60)
days from the date of approval of the application for conversion.
28.4. If the parties fail to agree on the amount of disturbance
compensation, or raise an issue questioning the lease or tenancy
relationship or any other prejudicial issue that tends to justify non-payment
of disturbance compensation, either or both parties may refer the issue to
the Provincial Agrarian Reform Adjudicator (PARAD) for resolution. While
the case is pending before the Adjudicating Authority, the
landowner(s)/applicant(s) may not evict said farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, or occupants, until such time
when the Adjudicating Authority resolves the prejudicial issue(s) with finality.
28.5. The applicant shall furnish the RCLUPPI/CLUPPI with proof of
payment of disturbance compensation within five (5) days from receipt of
payment.
ARTICLE IV
Conversion to Homelot
SECTION 29. Criteria. — Conversion to a homelot is allowable when: the
applicant owns the lot that he proposes to convert; he intends to establish a
dwelling place for himself on said lot; the lot has an area not exceeding five
hundred (500) square meters; and the conversion shall be from agricultural to
purely residential use.
SECTION 30. Documentary Requirements. —
30.1. Official receipt showing proof of payment of filing fee and inspection
cost;
30.2. Duly accomplished application for conversion subscribed and sworn
to before a notary public or any person authorized to administer oaths;
30.3. True copy of the Original Certificate of Title (OCT) or Transfer
Certificate of Title (TCT) of the subject land, certified by the Register of
Deeds not earlier than thirty (30) days prior to application filing date.
In case of untitled land, the following shall be required in lieu of a title:
30.3.1. Certification from the DENR Community Environment and
Natural Resources Officer (CENRO) that the landholding has been
classified as alienable and disposable; and
 30.3.2. Certification from the DENR CENRO (for administrative
confirmation of imperfect title) or the Clerk of Court (for judicial
confirmation of imperfect title) that the titling process/proceedings has
commenced and there are no adverse claimants;
30.4. True copy of the Certificate of Title of the subject land as of 15 June
1988, and all successor Titles until the present Title referred to in Section
10.4 hereof, if applicable.
30.5. Directional sketch map to guide the ocular inspection team in
locating the homelot.
SECTION 31. Procedure. —
31.1. The applicant shall first secure an Application Form from the
RCLUPPI.
31.2. Following the instructions that accompany the Application Form, the
applicant shall fill up the same with all the necessary data, and thereafter,
reproduce at least three (3) clear photocopies of the accomplished
Application Form which he shall place in three (3) separate folders (plus a
fourth folder for the original set), the distribution of which shall be as follows:
31.2.1. The original copy for the RCLUPPI (the receiving clerk
must rubberstamp the words "ORIGINAL" on the original copy);
31.2.2. One (1) photocopy for the RCLUPPI;
31.2.3. One (1) photocopy for the PARO; and
31.2.4. One (1) photocopy for the MARO.
31.3. The RCLUPPI shall then review the completeness of the application
folders. If found complete, the applicant shall pay a filing fee amounting to
Five Hundred Pesos (P500) and the inspection cost amounting to One
Thousand Pesos (P1,000). Acceptance date of the application folders shall
be the "Filing Date" of the application.
31.4. Within five (5) days from Filing Date, the RCLUPPI shall transmit two
(2) of the above folders, containing photocopies, to the PARO and MARO,
respectively.
31.5. Within thirty (30) days from receipt of the folder, the MARO shall:
check the status of CARP coverage on the subject landholding, post notices
of the application in a conspicuous place in the municipality and a
conspicuous place in the barangay covering the subject landholding; and
submit a report thereon to the PARO.
 31.6. Within thirty (30) days from receipt of the MARO report, the PARO
shall issue to the applicant a Notice of Conduct of Ocular Inspection
indicating the date thereof. The ocular inspection shall be held not earlier
than fifteen (15) days nor later than thirty (30) days from issuance date of
the Notice of Conduct of Ocular Inspection.
31.7. The PARO and MARO or their representatives shall conduct ocular
inspection in the presence of the applicant and oppositor(s), if any.
31.8. Within thirty (30) days from conduct of ocular inspection, the PARO
shall submit a report and forward the records to the RCLUPPI.
31.9. The RCLUPPI shall deliberate on the merits of the application and
may call the applicant and/or oppositor(s), if any, for clarificatory
questioning, to judiciously resolve any dispute arising from the application.
31.10. Within thirty (30) days from receipt of the PARO report, the RCLUPPI
shall submit its recommendation to the Regional Director.
31.11. Within thirty (30) days from receipt of the RCLUPPI recommendation,
the Regional Director shall promulgate his decision on whether to grant or
deny conversion.
31.12. The filing of a protest shall interrupt the running of any of the
foregoing deadline periods. The RCLUPPI shall thereupon proceed to hear
the protest and thereafter submit its recommendation to the Regional
Director who shall resolve the protest simultaneously with the application.
ARTICLE V
Issuance of Conversion Order and its Effects
SECTION 32. Issuance of Order. — No Conversion Order (or its denial)
shall be valid without the following information:
32.1. Conversion case number.
32.2. OCT/TCT numbers and corresponding lot numbers. In case of
untitled lands, the lot numbers and corresponding survey plan numbers.
32.3. Names of all registered landowners for each parcel of land.
32.4. Name of applicant or representative, if the applicant is not the
landowner.
32.5. Name of developer.
32.6. Proposed use of the land.
32.7. Total area applied for conversion.
32.8. Total area approved or disapproved for conversion; and
 32.9. Date of approval or denial of the order.
SECTION 33. Conditions of Conversion Order. — The approval of the
application for conversion shall be subject to the following conditions:
33.1. The applicant shall not undertake any development until all the
applicable permits and clearances from the other concerned government
agencies have been granted.
33.2. Within fifteen (15) days from receipt of the Conversion Order, the
landowner shall post a performance bond in accordance with Sections 25 or
26 hereof.
33.3. Within thirty (30) days from receipt of the Conversion Order, the
landowner shall request the Register of Deeds to annotate on the property's
title the land use allowed under the Conversion Order.
33.4. Within sixty (60) days from receipt of the Conversion Order, the
landowner shall return to the CLUPPI or RCLUPPI a certified true copy of
the title that already contains the annotation indicating the land use allowed
under the Conversion Order.
33.5. Within sixty (60) days from receipt of the Conversion Order, the
landowner, solidarity with his co-owner(s) and developer(s), shall pay
disturbance compensation to the affected farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, or occupants, in such amounts or
kinds as the parties may mutually agree upon, subject to the approval of the
DAR.
33.6. Within one (1) year from issuance of the Conversion Order, the
landowner and/or developer shall commence development on the property
approved for conversion, and shall complete development not later than the
deadline(s) set forth in its site development plan schedule, but in no case
shall development extend beyond five (5) years from issuance of the
Conversion Order.
33.7. For housing projects, the landowner shall secure an ECC, if
applicable, prior to undertaking any development therein.
33.8. The landowner and his representatives shall allow DAR officials free
and unhampered access into the property approved for conversion for the
purpose of monitoring compliance with the terms and conditions thereof.
33.9. The landowner and future landowner(s) of the property approved for
conversion shall not change its use to another use not authorized under the
Conversion Order without prior consent from the DAR. This prohibition
extends to changes in housing standards, changes in selling schemes,
 changes from social housing to open market housing or vice-versa, and all
other similar changes.
33.10. The landowner and/or developer shall submit quarterly reports on the
status of development to the MARO, PARO, and DAR Regional Office
covering the subject property.
33.11. The grant of a Conversion Order alone shall not be a ground for
eviction. Any person who desires to evict occupants on the basis of the
Conversion Order shall invoke other meritorious grounds and file the proper
action.
33.12. The DAR reserves the right to revoke the Conversion Order upon
valid grounds and after proper investigation.
SECTION 34. Effects of approval of conversion — The approval of an
application for conversion shall have, but shall not be limited to, the following
effects:
34.1. It shall be limited to the specific use of the land authorized in the
Conversion Order;
34.2. It shall be subject to the schedule indicated in the detailed site
development, work and financial plans, but in no case shall the period of
development extend beyond five (5) years from issuance of the Conversion
Order except as authorized by the Secretary or the approving official on
meritorious grounds, provided that, if the development cannot be
accomplished within five (5) years, the grantee of the Conversion Order
shall submit a written request for extension within the six (6) months before
the lapse of the five (5)-year period, and provided further, that the extended
development period shall be one (1) year for every five (5) hectares, but in
no case shall the extension exceed five (5) years.
34.3. The conditions thereof shall be binding upon successors-in-interest
of the property; HTacDS

34.4. The applicant shall allow duly authorized representatives of DAR free
and unhampered access to the property subject of the Conversion Order to
monitor compliance with the terms and conditions thereof;
34.5. The use authorized in the Conversion Order shall be annotated on
the title of the subject property; and
34.6. It shall be without prejudice to the ancestral domain claims of
indigenous peoples, if any, pursuant to RA 8371 or the "Indigenous Peoples
Rights Act".
SECTION 35. Distribution of copy of Conversion Order. —
 35.1. For monitoring purposes, the RCLUPPI shall furnish the CLUPPI with
copies of all Conversion Orders issued at the regional level.
35.2. The RCLUPPI/CLUPPI shall be responsible and liable for giving a
copy of the Conversion Order (or its denial) to all parties listed in the
Conversion Order.
35.3. The Registry of Deeds of the locality wherein the area applied for
conversion is located, among others, shall be given a copy of the
Conversion Order. The applicant, upon filing of the application for
conversion, shall give the complete address of the local Registry of Deeds
to the RCLUPPI/CLUPPI Secretariat.
35.4. The DENR's Environmental Management Bureau (EMB), and all
other concerned agencies and parties, shall be given a copy of the
Conversion Order or its denial.
ARTICLE VI
Motion for Reconsideration
SECTION 36. Motion for Reconsideration — A party may file only one (1)
motion for reconsideration of the decision, resolution, or final order of the
Regional Director or Secretary, and may do so only within a non-extendible
period of fifteen (15) calendar days from receipt of the challenged decision,
resolution, or final order. The pendency of a timely motion for reconsideration by
the proper party shall stay execution of the challenged decision, resolution, or
final order.
36.1. At the Regional Director's level, if the motion for reconsideration is
denied, the movant may perfect an appeal before the Secretary within only
the remainder of said non-extendible period of fifteen (15) calendar days. If
the motion for reconsideration is granted, resulting to the reversal of the
original decision, the aggrieved party may perfect an appeal before the
Secretary within a full but non-extendible period of fifteen (15) calendar
days from receipt of the reversed resolution.
36.2. At the Office of the Secretary's level, if the motion for reconsideration
is denied, the movant may perfect an appeal before the Office of the
President (OP) within fifteen (15) calendar days from receipt of the
resolution denying the motion for reconsideration.
ARTICLE VII
Appeals
SECTION 37. Who May Appeal. — Only the aggrieved party or parties
who is/are either the applicant(s) or protestor(s)/oppositor(s), or both, or their
successor(s)-in-interest, may appeal the decision, resolution, or final order of the
Regional Director or Secretary within the periods prescribed in Section 33 hereof.
The appellant(s) shall furnish copies of the appeal pleadings to all parties and to
the RCLUPPI, Regional Director, CLUPPI, and Secretary.
SECTION 38. When to Appeal. — The appellant(s) may perfect his/their
appeal within a non-extendible period of fifteen (15) calendar days from receipt of
the decision, resolution, or final order of the approving authority. The moment the
DAR loses jurisdiction over a case by reason of an appeal to the OP, the
applicable rules of the OP shall then govern the appeal.
SECTION 39. Where to File an Appeal. —
39.1. Appeal from the decision, resolution, or final order of the Regional
Director to the Secretary shall be made by filing a Notice of Appeal before
the Office of the Regional Director of origin, furnishing copies thereof to all
adverse parties, if any, together with payment of the requisite appeal fees to
the cashier of the regional office of origin.
39.2. Appeal from the decision, resolution, or final order of the Secretary
shall be made by filing a Notice of Appeal before either the Office of the
Bureau of Agrarian Legal Assistance (BALA) Director, or directly at the OP,
furnishing copies thereof to all adverse parties, if any, together with
payment of the requisite appeal fees to the cashier of either the DAR or OP.
39.3. Appeal from the decision, resolution, or final order of the Secretary
may be taken to the Court of Appeals by certiorari in accordance with
Section 54 of RA 6657.
SECTION 40. Appeal by a Pauper Litigant. — A party opposing an
application for conversion, who is a farmer, agricultural lessee, share tenant,
farmworker, actual tiller, occupant, member of a farmers' collective or
cooperative, or any other person directly working on the land may allege that he
is a pauper litigant without need for further proof. He shall enjoy pauper litigant
privileges such as exemption from payment of appeal fees.
SECTION 41. Appeal Pleadings. — For appeals from the Regional
Director to the Secretary, the appellant shall submit an appeal brief with the
BALA within fifteen (15) days from perfection of the appeal, furnishing a copy
thereof to all parties and to the RCLUPPI, Regional Director and CLUPPI. The
appellee may submit a comment (not motion to dismiss) within ten (10) days from
receipt of the appeal brief, furnishing a copy thereof to the appellant and to the
RCLUPPI, Regional Director and CLUPPI. Within fifteen (15) days from filing of
appellee's comment, the BALA shall issue a preliminary order stating either that:
41.1. The pleadings on record need further clarification and the conduct of
a clarificatory hearing is necessary. Ten (10) days after the termination
 thereof, the parties may be ordered to simultaneously file their respective
appeal memorandum.
41.2. The pleadings on record are insufficient for a proper determination of
the issues raised and so the parties shall simultaneously file their respective
appeal memorandum within ten (10) days from receipt of order for
simultaneous filing.
41.3. The pleadings on record are sufficient for deciding the appeal and
henceforth the deciding authority shall promulgate its decision.
Upon submission of sufficient pleadings, the BALA Director shall submit
his recommendation to the deciding authority.
SECTION 42. Perfection of Appeal. —
42.1. The filing of a proper notice of appeal and payment of requisite
appeal fees in due time perfects the appeal with respect to the subject
matter thereof.
42.2. The office that rendered the challenged decision, resolution, or final
order loses jurisdiction over the case after perfection of the appeal and
expiration of the period to appeal by all other parties.
SECTION 43. DAR Representation on Appeal. —
43.1. The Secretary shall represent the DAR in all appeals to the OP.
43.2. The Office of the Solicitor General (OSG) shall represent the DAR in
all appeals to the Court of Appeals. Alternatively, the OSG may deputize
any DAR lawyer to represent the DAR in said appeals.
SECTION 44. Execution Pending Appeal. —
44.1. Appeal from the Regional Director — The appeal shall stay execution
of the decision, resolution, or final order of the Regional Director unless the
Secretary directs execution pending appeal when the exceptional nature
and circumstances of the case so requires (EO 292-1987, Book VII,
Chapter 4, Section 21).
44.2. Appeal to the OP — The appeal shall stay execution of the decision,
resolution, or final order of the Secretary unless the OP directs execution
pending appeal upon such terms and conditions as it may deem just and
reasonable (OP-AO-18-1987Section 4).
SECTION 45. Finality of Conversion Order. — The Conversion Order or its
denial shall become final and executory after all parties were able to receive a
copy of the Order, and after the lapse of fifteen (15) calendar days from receipt
by the party who last receives a copy of the Order, and no motion for
reconsideration or appeal has been filed. The Head of the Legal Division of the
Regional Office or the BALA Director, as the case may be, shall issue the
appropriate Certificate of Finality.
ARTICLE VIII
Revocation or Withdrawal of Conversion Orders
SECTION 46. Filing of Petition. — Any person may file a petition to revoke,
and the landowner may file a petition to withdraw, the Conversion Order before
the approving authority within ninety (90) days from discovery of facts warranting
revocation or withdrawal, but not more than one (1) year from issuance of the
Conversion Order. When the petition alleges any of the grounds in the
enumeration in the next section, the filing period shall be within ninety (90) days
from discovery of such facts but not beyond the development period stipulated in
the Conversion Order. Within the DAR, only the Secretary may resolve petitions
that question the jurisdiction of the recommending body or approving authority.
SECTION 47. Grounds. — The following acts or omissions shall warrant
revocation of the Conversion Order:
47.1. Lack of jurisdiction of the approving authority;
47.2. Misrepresentation or concealment of facts material to the grant of
conversion;
47.3. Non-compliance with the conditions of the Conversion Order;
47.4. Non-compliance with the agreement on disturbance compensation
payment;
47.5. Conversion to a use other than that authorized in the Conversion
Order, or
47.6. Any other serious violation of agrarian laws.
SECTION 48. General Procedure. —
48.1. 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.
48.2. The proceedings shall be non-litigious in nature. Except for basic
essential requirements of due process, the approving authority shall refrain
from strict application of procedural technicalities and rules governing
admissibility and sufficiency of evidence obtaining in judicial courts.
48.3. The approving authority shall undertake reasonable means to
ascertain the facts of the controversy, including a thorough examination of
 witnesses, and, ocular inspection of the premises in question, as may be
necessary.
48.4. The approving authority shall render a decision on the merits of the
case within thirty (30) days from the time the case is deemed submitted for
resolution.,
SECTION 49. Effect of Revocation or Withdrawal of Conversion Order. —
The land subject thereof shall revert to the status of agricultural lands and shall
be subject to CARP coverage as circumstances may warrant.
ARTICLE IX
Monitoring of Land Use Conversion
SECTION 50. Responsibility for Monitoring Illegal Conversion. — The
Provincial/City Task Forces on Illegal Conversion, created pursuant to DAR-DOJ
Joint AO 5-1994, shall monitor cases of illegal conversion of agricultural lands in
the provinces or cities, as the case may be. The PARO shall submit quarterly
reports on illegal conversion to the National Task Force on Illegal Conversion at
the DAR Central Office.
SECTION 51. Compliance Monitoring. — Compliance with the terms and
conditions of the Conversion Order shall be monitored, as follows:
51.1. The landowner or developer shall submit quarterly reports on the
status of the development to the RCLUPPI and the PARO with jurisdiction
over the property.
51.2. The RCLUPPI shall turn over reports to the designated office in the
Regional Office which shall monitor compliance by the applicant/developer
with the terms and conditions of the conversion, including the posting of the
approved order. It shall submit quarterly reports to the CLUPPI regarding
the status of land use conversions, copy furnished the DAR Provincial and
Municipal Offices concerned.
51.3. The CLUPPI shall evaluate and consolidate the reports submitted by
the Regional Office, and render quarterly reports on the status of the land
use conversion applications to the Secretary, through the Undersecretary
for Field Operations and Support Services, copy furnished the National
Task Force on Illegal Conversion.
51.4. The BARC and representative of Non-Government
Organizations/People's Organizations (NGO/PO) may be authorized by the
DAR Secretary or Regional Director to assist in monitoring compliance with
the terms and conditions of the Conversion Order, as may be necessary.
ARTICLE X
 Investigation and Prosecution
SECTION 52. Prohibited Acts and Omissions. — The following acts or
omissions are prohibited:
52.1. The conversion by any landowner of his agricultural land into any
non-agricultural use with intent to avoid the application of the CARP on his
landholdings and to dispossess his tenant farmers of the land tilled by them,
as provided for under Section 73 (c) of RA 6657;
52.2. The change of the nature of lands outside urban centers and city
limits, either in whole or in part, after the effectivity of RA 6657, as provided
in Section 73 (e) thereof;
52.3. Premature conversion as defined under Section 4 of RA 8435 and
Section 2 hereof, or the undertaking of any development activity, the results
of which modify or alter the physical characteristics of the agricultural lands
to render them suitable for non-agricultural purposes without an approved
Conversion Order from the DAR;
52.4. Unauthorized conversion or changing the current use of the land
from agricultural (e.g. rice land) to another agricultural use, the effect of
which is to exempt the land from CARP coverage (e.g. livestock, poultry,
aquaculture) without a Conversion Order from the DAR, or changing the use
of the land to one other than that allowed under the Conversion Order
issued by the DAR as defined under Section 2 hereof.
SECTION 53. Who May be Held Liable. —
53.1. Any landowner or developer, who commits any act which constitutes
illegal, premature or unauthorized conversion, including, their accomplices
and accessories, if any, shall be investigated pursuant to these Rules.
53.2. If the offender is a corporation or an association, the officer
responsible therefor shall be held liable.
SECTION 54. Investigating Officials. —
54.1. The DAR Officials, who are designated members of the
Provincial/City Task Forces on Illegal Conversion pursuant to DAR-DOJ
Joint AO-5-1994, shall be primarily responsible for the investigation,
gathering of evidence, and the filing of the complaints against illegal,
premature or unauthorized conversions within their respective areas of
jurisdiction.
54.2. The Secretary may, however, direct such other officials as may be
appropriate to investigate cases of illegal, premature, or unauthorized
conversion. He may constitute a team composed of national and/or local
 DAR officials, representatives from other law enforcement agencies, and
volunteers from NGOs/POs for this purpose.
54.3. The Secretary or his duly authorized representative shall be
furnished copies of the investigation reports and other relevant documents
for appropriate action.
SECTION 55. Duties of Provincial/City Task Forces on Illegal
Conversion. — In accordance with DAR-DOJ Joint AO-5-1994, the
Provincial/City Task Forces on Illegal Conversion shall perform the following
duties and responsibilities:
55.1. DAR Members:
55.1.1. Conduct actual ocular inspection and case build-up;
55.1.2. File the necessary complaint/affidavit together with
supporting documents before the task force member prosecutor;
55.1.3. Investigate all ongoing development project and
conversion of agricultural land;
55.1.4. Monitor the conversion situation in the province and cities
within the province;
55.1.5. Report to the National Task Force on the conversion
situation in the province and cities within the province; and
55.1.6. Perform such other related functions, which may be
assigned by the National Task Force on Illegal Conversion.
55.2. DOJ Prosecutor Members:
55.2.1. Conduct inquest or preliminary investigation, as the case
may be;
55.2.2. Recommend and file criminal cases against the
landowners and developers involved in illegal conversion of
agricultural lands under RA 6657;
55.2.3. Submit to the National Task Force a monthly
progress/status report of all cases involving illegal conversion of
agricultural lands; and
55.2.4. Perform such other related functions, which may be
assigned by the National Task Force on Illegal Conversion.
SECTION 56. Evidentiary Requirements. — In illegal, premature or
unauthorized conversions, the investigating officials mentioned in Section 51
hereof shall be responsible for securing the evidence necessary to support the
charges.
SECTION 57. Administrative Action. — The following procedure shall be
followed in the administrative investigation of illegal, premature, or unauthorized
conversions:
57.1. On the basis of the complaint or report received, the Secretary or his
duly authorized representative shall conduct an investigation to determine if
a prima faciecase of illegal, premature, or unauthorized conversion exists.
57.2. Upon determination of the prima facie case, the Secretary, or
Regional Director (for those cases where he was the approving authority),
shall issue a cease and desist order (CDO) directing the respondent to stop
any and all development activities in the area and requiring him to explain
within ten (10) days from receipt of the CDO why he should not be
penalized for violation of existing laws, rules and regulations on land use
conversion.
57.3. After the lapse of the period to answer, whether or not an answer has
been filed, administrative proceedings shall be conducted to determine if the
respondent can be held liable for illegal, premature, or unauthorized
conversion. The proceedings shall not be bound by the technical rules of
procedure and evidence, but shall proceed in a most expeditious manner,
employing all reasonable means to ascertain the facts of every case in
accordance with justice and equity and the merits of the case. The
investigating official shall have the power to summon witnesses, administer
oaths, take testimony, require submission of reports, compel the production
of books and documents and answers to interrogatories and issue
subpoena ad testificandum and subpoena duces tecum and to enforce its
writs through sheriffs or other duly deputized officers. He shall likewise have
the power to punish for direct and indirect contempt in the same manner
and subject to the same penalties as provided in the Rules of Court, in
accordance with Section 50 of RA 6657.
57.4. Upon determination that the respondent committed illegal,
premature, or unauthorized conversion, the cash bond or performance
bond, if any, shall be cancelled and forfeited in favor of the government,
without prejudice to the imposition of other penalties or sanctions, as may
be warranted.
57.5. Any government official who, directly or indirectly, assisted or took
part in the commission of illegal, premature or unauthorized conversion
shall be administratively charged or dealt with in accordance with pertinent
laws and regulations.
 SECTION 58. Institution of Criminal Action. —
58.1. The DAR members of Provincial/City Task forces on Illegal
Conversion shall be primarily responsible for filing complaints of illegal or
premature conversion pursuant to RA 6657 or RA 8435 before the Office of
the Provincial or City Prosecutor. However, the Secretary or the National
Task Force on Illegal Conversion may directly institute such criminal action
in flashpoint cases or those, which, in his judgment, would require
immediate action to protect public interest.
58.2. The DOJ prosecutor-members of the Provincial/City Task Forces on
Illegal Conversion shall conduct inquest or preliminary investigation, as the
case maybe, and recommend the filing of criminal cases in court against the
landowners, developers, and all those responsible for illegal or premature
conversion, as the evidence may warrant.
58.3. However, unauthorized conversions as defined herein shall not
warrant criminal prosecution but only administrative sanctions, as may be
appropriate.
SECTION 59. Prosecution of Illegal Conversion Cases. — The prosecution
of illegal conversion cases shall be the primary responsibility of the designated
provincial/city prosecutors, with active support from the concerned DAR Officials.
SECTION 60. Role of National Task Force on Illegal Conversion. —
Pursuant toDAR-DOJ Joint AO-4-1993, the National Task Force on Illegal
Conversion shall perform the following duties and responsibilities:
60.1. Identify and set priority areas or provinces where illegal conversion of
agricultural lands are rampant;
60.2. Report to the Secretaries of the DAR and the DOJ on the conversion
situation in the country;
60.3. Recommend the issuance and/or amendment of guidelines and
circulars on conversion and/or illegal conversion of agricultural lands;
60.4. Designate such persons who will coordinate and monitor the
activities of the Provincial Task Forces on Illegal Conversion; and
60.5. Perform such other related functions as may be assigned by the
Secretary of the Department of Agrarian Reform and the Secretary of the
Department of Justice.
ARTICLE XI
Penalties and Sanctions
 SECTION 61. Administrative Sanctions. — The DAR may impose any or
all of the following sanctions after determining, in an appropriate administrative
proceeding, that a violation of these Rules has been committed:
61.1. Revocation or withdrawal of the authorization for land use
conversion;
61.2. Blacklisting of the applicant, developer or representative;
61.3. Automatic disapproval of pending and subsequent conversion
applications that the offender may file with the DAR;
61.4. Issuance of cease and desist order by the Secretary or Regional
Director, as the case may be, upon verified reports that premature, illegal or
unauthorized conversion activities are being undertaken; or
61.5. Forfeiture of cash bond or performance bond.
SECTION 62. Administrative Sanctions against DAR officials or
employees. — The DAR may impose against its own officials or employees the
following sanctions, in accordance with the Uniform Rules on Administrative
Cases in the Civil Service [effective 26 September 1999], specifically Rule IV,
Section 52, sub-section "C", numbers "13" to "15", to wit:
62.1. Failure to act promptly on letters and request within fifteen (15) days
from receipt, except as otherwise provided in the rules implementing the
Code of Conduct and Ethical Standards of Public Officials and Employees:
1st Offense — Reprimand;
2nd Offense — Suspension 1 to 30 days;
3rd Offense — Dismissal.
62.2. Failure to process documents and complete action on document and
papers within a reasonable time from preparation thereof, except as
otherwise provided in the rules implementing the Code of Conduct and
Ethical Standards of Public Officials and Employees:
1st Offense — Reprimand;
2nd Offense — Suspension 1 to 30 days;
3rd Offense — Dismissal.
62.3. Failure to attend to anyone who wants to avail himself of the services
of the office, or act promptly and expeditiously on public transactions:
1st Offense — Reprimand;
2nd Offense — Suspension 1 to 30 days;
3rd Offense — Dismissal.
SECTION 63. Criminal Penalties. —
 63.1. Pursuant to Section 73 (c), (e) and 74 of RA 6657, any person who
knowingly or willfully converts agricultural lands into any non-agricultural
use with intent to avoid the application of said Act and to dispossess his
tenant farmers of the land tilled by them; or who changes the nature of the
land outside urban centers and city limits in whole or in part after the
effectivity of RA 6657 shall be punished by imprisonment of not less than
one (1) month to not more than three (3) years or a fine of not less than
fifteen thousand (P15,000.00) pesos, or both, at the discretion of the court.
63.2. Any person found guilty of premature or illegal conversion under RA
8435 shall be penalized, in accordance with Section 11 thereof, with
imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred
percent (100%) of the government's investment cost, or both, at the
discretion of the court, and an accessory penalty of forfeiture of the land and
any improvement thereon.
ARTICLE XII
Transitory and Final Provisions
SECTION 64. Effect of Pending Applications. — This Administrative Order
shall apply prospectively to all applications for land use conversion. Existing rules
shall govern all pending applications for land use conversion. Grantees of
previous conversion orders who were not yet able to complete development of
properties approved for conversion may request for extension of the
development period by first posting a new performance bond in accordance with
Sections 23 to 26 of this Administrative Order.
SECTION 65. Repealing Clause. — This Administrative Order amends or
repeals all other DAR issuances inconsistent herewith.
SECTION 66. Separability Clause. — Any judicial pronouncement
declaring as unconstitutional any provision or portion of this Administrative Order
shall not affect the validity of the other provisions herein.
SECTION 67. Effectivity. — This Administrative Order shall take effect ten
(10) days after complete publication in at least two (2) newspapers with
nationwide circulation.
Diliman, Quezon City, 28 February 2002. CDAHIT

(SGD.) HERNANI A. BRAGANZA

Secretary

January 16, 2003

DAR ADMINISTRATIVE ORDER NO. 04-03
SUBJECT : 2003 Rules on Exemption of Lands from CARP Coverage
under Section 3 (c) of Republic Act No. 6657 and Department of Justice (DOJ)
Opinion No. 44, Series of 1990.

I. PREFATORY STATEMENT
Republic Act (RA) 6657 or the Comprehensive Agrarian Reform Law
(CARL), Section 3, Paragraph (c) defines "agricultural land" as referring to "land
devoted to agricultural activity as defined in this Act and not classified as
mineral, forest, residential, commercial or industrial land."
Department of Justice Opinion No. 44, Series of 1990, (or "DOJ Opinion
44-1990" for brevity) and the case of Natalia Realty versus Department of
Agrarian Reform (12 August 1993, 225 SCRA 278) opines that with respect to
the conversion of agricultural lands covered by RA 6657 to non-agricultural
uses, the authority of the Department of Agrarian Reform (DAR) to approve
such conversion may be exercised from the date of its effectivity, on 15 June
1988. Thus, all lands that are already classified as commercial, industrial or
residential before 15 June 1988 no longer need any conversion clearance.
However, the reclassification of lands to non-agricultural uses shall not
operate to divest tenant-farmers of their rights over lands covered
by Presidential Decree (PD) No. 27, which have been vested prior to 15 June
1988.
In order to implement the intent and purpose of the provisions of the
aforecited laws, these guidelines are hereby issued.
II. REQUIREMENTS
The applicant shall submit in quadruplicate the following documents in
four (4) separate bound folders (one [1] original set and three [3] photocopy
sets) with table of contents and page numbers of all documents, sequentially
numbered, except for maps which the applicant shall likewise submit in
quadruplicate but in four separate envelopes with proper label of the contents
of each envelope. The arrangement thereof shall follow the sequence of the
enumeration below, with the requirement referred to in Section 2.1 hereof being
the first document after the table of contents. All references in the masculine
form (he/him/his) shall interchangeably mean the feminine form (she/her/hers)
or group form (it/it's/their).
2.1. Official receipt showing proof of payment of filing and
inspection fees.
2.2. Sworn Application for CARP Exemption or Exclusion, duly
accomplished, and subscribed and sworn to before a notary
public or any person authorized to administer oaths.
 2.2.1. Special Power of Attorney (SPA) if the applicant is
not the registered owner nor one of the co-owners of the
property;
2.2.2. Notarized secretary's certificate of a corporate or
cooperative board resolution authorizing the applicant's
representative to file the Sworn Application for CARP
Exemption if the applicant is a corporation or cooperative
or some other juridical entity. The applicant shall also
submit its latest notarized General Information Sheet (GIS)
which must comply with the pertinent requirements of the
Securities and Exchange Commission.
2.3. True copy of the Original Certificate of Title (OCT) or
Transfer Certificate of Title (TCT) of the subject land, certified by
the Register of Deeds not earlier than thirty (30) days prior to
application filing date.
In case of untitled land, the following shall be required in
lieu of a title:
2.3.1. Certification from the DENR Community
Environment and Natural Resources Officer (CENRO) that
the landholding has been classified as alienable and
disposable; and
2.3.2. Certification from the DENR CENRO (for
administrative confirmation of imperfect title) or the Clerk of
Court (for judicial confirmation of imperfect title) that the
titling process/proceedings has commenced and there are
no adverse claimants;
2.4. Land classification certification:
2.4.1. Certification from the Housing and Land Use
Regulatory Board (HLURB) Regional Officer on the actual
zoning or classification of the subject land in the approved
comprehensive land use plan, citing the municipal or city
zoning ordinance number, resolution number, and date of
its approval by the HLURB or its corresponding board
resolution number.
2.4.2. For lands classified as mineral: certification issued
by the DENR Mines and Geosciences Bureau or the
proper DENR office attesting that the subject land is
classified as mineral and covered by a mining permit
issued by said Bureau or the proper Local Government
Unit (LGU) in case of small scale mines.
 2.4.3. For lands classified as forest: certification issued by
the DENR Forestry Sector or the proper DENR office
attesting that the subject land is classified as within the
forest zone.
2.5. Certification of the National Irrigation Administration (NIA)
that the area is not irrigated nor scheduled for irrigation
rehabilitation nor irrigable with firm funding commitment.
2.6. Certification of the Municipal Agrarian Reform Officer
(MARO) attesting compliance with the public notice requirement
in Part III hereof and its corresponding report in 7.6 hereof.
2.7. Photographs, size 5R (five [5] inches by seven [7]
inches), using color film, and taken on the subject land under
sunlight. The applicant shall attach the pictures to a paper
background, and the photographer who took said pictures shall
sign on said paper background to certify the authenticity of the
pictures. On each background paper shall be written a short
description of each picture. The pictures shall consist of:
2.7.1. At least four (4) photographs taken from the center
of the landholding: one (1) facing north, one (1) facing east,
one (1) facing south, and one (1) facing west;
2.7.2. At least one (1) photograph per corner, taken from
each corner of the landholding's borders;
2.7.3. At least two (2) photographs each for all distinct
man-made structures existing on the land, taken from
opposite angles; cHDEaC

2.7.4. At least two (2) photographs each of the front view

of the billboard(s) required in Part III hereof. The applicant
shall set aside the second copy of said billboard
photographs for submission to the MARO; and
2.7.5. Sufficient number of photographs of the most
conspicuous landmarks on the ingress and egress routes
leading to and from the subject landholding, for the
purpose of assisting the ocular inspection team in locating
the site.
2.8. Proof of receipt of payment of disturbance compensation
or a valid agreement to pay or waive payment of disturbance
compensation.
2.9. Affidavit/Undertaking in a single document of the
applicant stating:
 2.9.1. The number and names of the farmers, agricultural
lessees, share tenants, farmworkers, actual tillers, and/or
occupants in the landholding; if there are no such persons,
a statement attesting to such fact;
2.9.2. That the applicant has erected the billboard(s)
required in Part III hereof; and undertakes not to remove,
deface or destroy the same; and that he shall repair or
replace the same when damaged, until after the approving
authority disposes of the application with finality;
2.9.3. That he has not committed any act of forum
shopping as defined in the rules governing Agrarian Law
Implementation (ALI) cases; and
2.9.4. That when there is a dispute on the fixing of
disturbance compensation pending before the Provincial
Agrarian Reform Adjudicator (PARAD) or Regional
Agrarian Reform Adjudicator (RARAD) or DAR
Adjudication Board (DARAB), the applicant shall abide with
the decision of the Adjudicating Authority on the fixing of
disturbance compensation.
2.10. Lot plan prepared by a duly-licensed geodetic engineer
indicating the lots being applied for and their technical
descriptions.
2.11. Vicinity or directional map to assist the ocular inspection
team in locating the subject land. The directional map need not
be drawn to scale but must show the orientation of the subject
land in relation to adjoining lands; existing infrastructures and
improvements thereon including any house or tillage by any
occupant therein; owners of adjacent properties; the nearest
barangay, municipal, city, and/or provincial feeder road; and
other popular landmarks within a one (1) kilometer radius.
III. PUBLIC NOTICE
The applicant shall post in a conspicuous place within the subject
property a public notice contained in a billboard made of strong materials such
as weather-resistant plywood, galvanized iron, tin, panaflex, or other similar
durable material, measuring 1.22 meters by 2.44 meters (4 feet by 8 feet).
There shall be installed at least one (1) billboard for every twenty (20) hectares.
The billboard shall be written in the local dialect and shall display the following
information:
3.1. Announcement that the applicant is applying for
exemption;
 3.2. Complete name(s) of the landowner(s) and applicant(s);
3.3. Total area and exact location of the exemption proposal;
3.4. Date of filing of the application for exemption;
3.5. Date of posting of billboard;
3.6. Deadline for filing protest;
3.7. Addresses of DAR offices where resident oppositors may
conveniently file their protests;
3.8. Address of the approving authority;
3.9. Date of ocular inspection, which shall be left blank, and
which the applicant shall fill up after the MARO determines its
exact date, but not later than seven (7) days before ocular
inspection day; and
3.10. Date of approval or denial of the application, which shall
be left blank, and which the MARO or applicant or any party-in-
interest shall fill up after approval or denial of the application.
AHSEaD

IV. DISTURBANCE COMPENSATION

4.1. The applicant shall pay disturbance compensation, in
cash or kind or combination of cash and kind, to the farmers,
agricultural lessees, share tenants, farmworkers, and actual tillers
(as defined and following the order of priority in Section 22 of RA
6657) found in the subject landholding, in such amount and under
such terms which the parties may mutually agree upon among
themselves.
4.2. The amount of disturbance compensation shall not be
less than five (5) times the average of gross harvests on the
subject landholding during the last five (5) preceding calendar
years, pursuant to Section 36 of RA 3844, as amended by
Section 7 of RA 6389.
4.3. Compensation in kind may consist of some or all or
mixture of housing, homelots, employment, and/or other benefits.
The DAR shall approve the terms of any agreement for the
payment of disturbance compensation and monitor compliance
therewith.
4.4. Whenever there is a dispute on the fixing of disturbance
compensation or entitlement to disturbance compensation, the
Regional Director shall refer the matter to the Adjudicator who
shall be bound to take cognizance of and resolve the case
 despite the non-finality of the issue on whether or not the subject
land is exempt from CARP.
4.5. The Approving Authority may grant a conditional
exemption order, despite non-payment of disturbance
compensation or while awaiting determination of entitlement
thereto, subject however to the condition that the applicant and/or
landowner shall post a bond in an amount to be determined by
the Adjudicator. Notwithstanding the posting of such bond, the
property applied for exemption shall not be developed for non-
agricultural purposes and the farmers, agricultural lessees, share
tenants, farmworkers, and actual tillers thereof cannot be ejected
therefrom until the finality of the exemption order.
V. APPROVING AUTHORITIES
5.1. For properties with an area less than or equal to five (5)
hectares, the approving authority shall be the Regional Director,
acting upon the recommendation of the Regional Center for Land
Use Policy Planning and Implementation (RCLUPPI).
5.2. For properties with an area larger than five (5) hectares,
the approving authority shall be the Secretary, acting upon the
recommendation of the Center for Land Use Policy Planning and
Implementation – 2 (CLUPPI-2).
5.3. When the applicant owns (or represents the owner of) two
(2) or more parcels of land within the same barangay or within
two (2) or more barangays that are adjacent to each other, and
the sum of the areas of said parcels of land exceeds five (5)
hectares, the approving authority for an application involving any
of said parcels of land shall be the Secretary, acting upon the
recommendation of the CLUPPI-2.
5.4. When the applicant or any oppositor challenges the
jurisdiction of the approving authority on the ground of error in
computation of jurisdictional area, and a higher authority takes
cognizance of the dispute, the Approving Authority herein shall
hold in abeyance the processing of the present application until
said higher authority determines with finality the correct
jurisdictional area.
VI. INSPECTION COST
6.1. For applications involving lands with an area less than or
equal to five (5) hectares:
 6.1.1. Ten thousand (10,000) pesos if the subject
landholding is within the same island as that of the Office
of the Regional Director; or
6.1.2. Fifteen thousand (15,000) pesos if the subject
landholding is not within the same island as that of the
Office of the Regional Director.
6.2. For applications involving lands with an area larger than
five (5) hectares:
6.2.1. Ten thousand (10,000) pesos if the subject
landholding is within the main island of Luzon (except Bicol
peninsula);
6.2.2. Fifteen thousand (15,000) pesos if the subject
landholding is within Regions I to IV but is not located
within the main island of Luzon;
6.2.3. Fifteen thousand (15,000) pesos if the subject
landholding is in Bicol Peninsula or Visayas group of
islands; or
6.2.4. Twenty thousand (20,000) pesos if the subject
landholding is in the Mindanao group of islands.
VII. PROCEDURE
7.1. The applicant shall first secure an Application Form from
the RCLUPPI or CLUPPI-2.
7.2. The applicant shall:
7.2.1. Fill-up the application form with all the necessary
data;
7.2.2. Indicate whether or not the application is for a
housing project under Executive Order (EO) No. 45, Series
of 2001 (EO-45-2001);
7.2.3. Acknowledge the accomplished application form
before a notary public;
7.2.4. Attach the Title(s) required under either 2.3 or 2.4
hereof;
7.2.5. Attach the vicinity or directional map required under
2.11 hereof;
7.2.6. Reproduce the above documents into four (4) sets
(one [1] original set and three [3] photocopy sets). At least
one (1) photocopy set shall be forwarded to the MARO.
7.3. Following the instructions that accompany the Application
Form, the applicant shall install the public notice billboard(s)
required under Part III hereof.
7.4. Immediately thereafter, the applicant shall reproduce the
application form into at least six (6) clear photocopy sets and
place them in six (6) separate folders (plus a seventh folder for
the original set), the distribution of which shall be as follows:
7.4.1. The original copy for the RCLUPPI/CLUPPI-2;
7.4.2. Three (3) photocopies for the RCLUPPI/CLUPPI-2;
and
7.4.3. Two (2) photocopies which the applicant shall
furnish to the MARO as advance copies.
7.5. Within five (5) days from receipt of the folders containing
the documents in Section 7.4 hereof, the MARO shall keep one
folder for himself and transmit the other folder to the PARO.
7.6. MARO certification – Within ten (10) days from receipt of
the above folder, the MARO shall: check the status of CARP
coverage on the subject land; inspect the billboard; check
presence of farmers, agricultural lessees, share tenants, farm
workers, actual tillers, or occupants; post notices of the
application in a conspicuous place in the municipality and a
conspicuous place/s in the barangay/s covering the subject land
(or in the barangay where a larger portion of the subject land is
situated when said land overlaps into another barangay); prepare
a single-document MARO certification reporting the result of all
the foregoing tasks; and make available to the applicant the
original copy of said MARO certification.
7.7. MARO inaction – If the MARO fails to act upon the
request for said certification within ten (10) days from receipt of
the request, the applicant shall notify the RCLUPPI/CLUPPI-2 of
such failure by personally filing an affidavit reporting such
inaction. The RCLUPPI/CLUPPI-2 shall investigate the reason for
the non-issuance and take the steps necessary for the judicious
resolution of the pending application for exemption.
Simultaneously, the disciplining authority of the DAR shall, after
proper investigation, impose upon the erring MARO the proper
administrative sanction(s).
7.8. At this juncture, the applicant has four (4) folders left after
furnishing two (2) advance copies for the MARO and PARO. The
applicant shall place in said four (4) folders all the applicable
documentary requirements set forth in Part II hereof, all the
originals being in one (1) folder, and the photocopies thereof
being in the three (3) other folders. These four (4) folders shall be
the initiatory pleading of the application for exemption.
7.9. Filing Date – The applicant shall submit to the
RCLUPPI/CLUPPI-2 the four (4) folders containing all the
applicable requirements set forth in Part II hereof. The
RCLUPPI/CLUPPI-2 shall then review the completeness of the
application. If found complete, the applicant shall pay the
inspection cost in accordance with Part VI hereof, after which the
RCLUPPI/CLUPPI-2 may accept the application. Acceptance
date of the folders shall be the "Filing Date" of the application.
7.10. The distribution of the four (4) folders shall be as follows:
The RCLUPPI/CLUPPI-2 shall keep a folder containing the
originals and a folder containing the photocopies. At the same
time, the RCLUPPI/CLUPPI-2 Secretariat shall transmit the
remaining two (2) folders to the PARO and MARO respectively.
Immediate transmittal of said folders is important because the
PARO shall utilize the information therein when acting upon any
protest against the application, or when issuing any comment that
he may wish to submit to the RCLUPPI/CLUPPI-2 in connection
with the application.
7.11. Within five (5) days from Filing Date, the
RCLUPPI/CLUPPI-2 shall issue to the applicant a Notice of
Conduct of Ocular Inspection, indicating the date thereof. The
ocular inspection shall be held not earlier than ten (10) days nor
later than fifteen (15) days from issuance date of the Notice of
Conduct of Ocular Inspection. The RCLUPPI/CLUPPI-2 shall
inform the MARO of the date of ocular inspection through the
speediest means of communication with instructions to ensure
dissemination of the Notice to all farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, or occupants in the
subject landholding.
7.12. The applicant shall transmit said Notice to the MARO and
indicate the ocular inspection date on the billboard(s) at least five
(5) days before conduct of ocular inspection. On or before ocular
inspection date, the applicant shall submit to the
RCLUPPI/CLUPPI-2 a proof that the MARO received a copy of
said Notice.
7.13. The RCLUPPI/CLUPPI-2 shall then conduct ocular
inspection, and if possible, hold a dialogue with the farmers,
agricultural lessees, share tenants, farmworkers, actual tillers,
and/or occupants found in the subject landholding.
Notwithstanding the finding of the NIA on the irrigation status of
the subject land, the ocular inspection team shall make its own
determination on the irrigation status. Where irrigation is absent
in the subject land but present in adjoining or neighboring lands,
the RCLUPPI/CLUPPI-2 shall determine whether or not the
subject land is a servient estate of an easement of irrigation
waterway such that irrigation water crosses thru a portion of the
subject land en route to or from the adjoining or neighboring
lands. If in the affirmative, any grant of exemption herein shall in
no way give the applicant (or any of his successor-in-interest) any
right to block or otherwise impede the free flow of water thru said
easement.
7.14. The RCLUPPI/CLUPPI-2 ocular inspection team shall,
within five (5) days from conduct of ocular inspection, accomplish
an Investigation Report which shall include the result of its
dialogue.
7.15. The RCLUPPI/CLUPPI-2 shall deliberate on the merits of
the application and may call the applicant and/or oppositor(s), if
any, for clarificatory questioning to judiciously resolve any dispute
arising from the application. The RCLUPPI shall invite the PARO
to participate in the deliberations. Upon his discretion, the PARO
may submit a written comment to the RCLUPPI/CLUPPI-2.
7.16. RCLUPPI/CLUPPI-2 recommendation – Within thirty (30)
days from issuance of the MARO certification or filing of affidavit
of MARO inaction, but not later than forty (40) days from Filing
Date, the RCLUPPI/CLUPPI-2 shall forward its recommendation,
together with the records, to the approving authority.
7.17. The filing of any protest shall interrupt the running period
for processing applications for exemption and shall lift the
deadline for approving or disapproving the application. Upon
receipt of a protest, the RCLUPPI/CLUPPI-2 shall order the filing
of a comment, reply, rejoinder, and such other pleadings that
may aid in a judicious resolution of the protest issues, and
thereafter, schedule hearings where the parties may present their
respective evidence. After conclusion of the hearings, the
RCLUPPI/CLUPPI-2 shall submit its recommendation to the
approving authority which shall resolve the protest
simultaneously with the application.
 7.18. Protests against applications involving housing projects
shall likewise interrupt the running period and lift the deadline for
approving or disapproving the application. In line with Section 4
(c) of EO-45-2001, the RCLUPPI/CLUPPI-2 shall make a
preliminary determination on whether or not the protest stands on
valid grounds. When the protest is prima facie meritorious, the
RCLUPPI/CLUPPI-2 shall order the filing of a comment, reply,
rejoinder, and such other pleadings that may aid in a judicious
resolution of the protest issues, and thereafter, schedule hearings
where the parties may present their respective evidence. After
conclusion of the hearings, the RCLUPPI/CLUPPI-2 shall submit
its recommendation to the approving authority which shall resolve
the protest simultaneously with the application. THcaDA

VIII. EFFECT ON PRE-EXISTING CARP COVERAGE

When the filing of an application for exemption clearance is in response
to a notice of CARP coverage, the DAR shall deny due course to the application
if it was filed after sixty (60) days from the date the landowner received a notice
of CARP coverage.
IX. PROTESTS
9.1. Who may file – Any person may file a written protest
against the application within thirty (30) days from posting of the
requisite billboard(s), or within fifteen (15) days from conduct of
ocular inspection, whichever is later.
9.2. Where to file – Protests against applications for
exemption may be filed in the office of the PARO or RCLUPPI
having jurisdiction over the applied property, or at the CLUPPI-2.
9.3. Grounds:
9.3.1. The subject landholding is classified as within the
agricultural zone based on the Zoning Ordinance or
Comprehensive Land Use Plan (CLUP) of the LGU
approved by the HLURB prior to 15 June 1988. A protest
based on this ground shall not be given due course unless
the oppositor invoking said ground submits the necessary
certification from the HLURB Regional Office or the proper
government agency.
9.3.2. The subject property has been covered by
Operation Land Transfer (OLT) under PD 27.
9.4. The RCLUPPI/CLUPPI-2 shall make a preliminary
determination on whether or not the protest stands on valid
 grounds. When the protest is prima facie meritorious, the
RCLUPPI/CLUPPI-2 shall order the filing of a comment, reply,
rejoinder, and such other pleadings that may aid in a judicious
resolution of the protest issues, and thereafter schedule hearings
where the parties may present their respective evidence. After
conclusion of the hearings, the RCLUPPI/CLUPPI-2 shall submit
its recommendation to the approving authority which shall resolve
the protest simultaneously with the application.
9.5. An oppositor who files a protest before the PARO shall do
so by personal service, not by mail. Upon receipt of a protest by
personal service, the PARO shall, before the end of the next
working day, communicate with the RCLUPPI/CLUPPI-2 by
telephone or text message, to inform the members thereof of
such protest, and send a corresponding telegram and/or
radiogram which shall serve as written proof of compliance with
the protest notification requirement herein. Within five (5) working
days from receipt of the protest, the PARO shall transmit, by
courier or speed delivery, to the RCLUPPI/CLUPPI-2 the original
copy of the protest itself, and keep a photocopy thereof in his
custody. Failure of the PARO to comply with the directive under
this Section shall subject him to the appropriate disciplinary
action.
X. PROVISIONAL REMEDIES
In cases where grave and irreparable damage will result to the parties or
where the doing and continuance of certain acts will render the case moot and
academic, or where there is a need to maintain peace and order and prevent
loss to life or property, the Secretary or Regional Director may, motu proprio or
at the instance of any party, issue a Cease and Desist Order (CDO) pending
the resolution of the case. In this regard, the issuing authority may request the
assistance of law enforcement agencies to implement the CDO.
XI. MOTION FOR RECONSIDERATION AND APPEAL
This Order shall adopt the provisions of the ALI rules on motion for
reconsideration and appeal.
XII. FINALITY OF THE ORDER
The Exemption Clearance or its denial shall become final and executory
after all parties receive a copy of the Order, and after the lapse of fifteen (15)
calendar days from date of receipt date by the last recipient of an official copy
of the Order, and no motion for reconsideration or appeal therefrom has been
filed. The Head of the Legal Division of the Regional Office or the BALA Director
shall issue the appropriate Certificate of Finality.
XIII. REVOCATION OR WITHDRAWAL OF EXEMPTION CLEARANCES
Any person may file a petition to revoke, or the landowner may file a
petition to withdraw, the Exemption Clearance, when there is a serious violation
of agrarian laws or DAR rules, or on any other substantial ground which the
Secretary may deem proper, within ninety (90) days from discovery of the
fact(s) constituting the ground(s) for cancellation or withdrawal, but not more
than one (1) year from issuance of the Exemption Clearance.
XIV. SANCTIONS
The DAR may impose against its own officials or employees the following
sanctions, in accordance with RA 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees, and the Uniform Rules on
Administrative Cases in the Civil Service (effective 26 September 1999),
specifically Rule IV, Section 52, sub-section "C", numbers "13" to "15" thereof,
to wit:
"13. Failure to act promptly on letters and request within
fifteen (15) days from receipt, except as otherwise provided in
the rules implementing the Code of Conduct and Ethical
Standards of Public Officials and Employees."
"14. Failure to process documents and complete action
on document and papers within a reasonable time from
preparation thereof, except as otherwise provided in the rules
implementing the Code of Conduct and Ethical Standards of
Public Officials and Employees."
"15. Failure to attend to anyone who wants to avail
himself of the services of the office, or act promptly and
expeditiously on public transactions." SDEHIa

"1st Offense Reprimand"

"2nd Offense Suspension 1-30
days"
"3rd Offense Dismissal"

XV. TRANSITORY PROVISION

The rules and procedures herein shall apply to cases pertaining to the
Lungsod Silangan Townsite, provided that the requirements in Memorandum
Circular No. 25, Series of 1997, as amended, shall continue to govern.
XVI. REPEALING CLAUSE AND EFFECTIVITY
 This Order amends or repeals all issuances inconsistent herewith and
shall take effect ten (10) days after its publication in two (2) national
newspapers of general circulation, in line with Section 49 of RA 6657. CIcEHS

Diliman, Quezon City, 16 January 2003.

(SGD.) HERNANI A. BRAGANZA
Secretary

Published in two (2) national newspapers of general circulation:

1. THE PHILIPPINE DAILY INQUIRER

2. MALAYA

Date of Publication – January 30, 2003

Application for CARP Exemption (ACE)

Form # 1

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM
Center for Land Use Policy Planning & Implementation – 2
RCLUPPI: ___________________________________________

For CLUPPI-2 / RCLUPPI to fill up:

COMPLETE APPLICATION
RECEIVED

Date: ______ ______________ 200__

Time: _____ Number of Pages: _____
Signature of Evaluator: ____________

SWORN APPLICATION
FOR
EXEMPTION CLEARANCE

For the CLUPPI-2 / RCLUPPI to fill up:

FILING FEE OFFICIAL RECEIPT:
Amount: ___________________ Pesos
Date: ___________________ 200__
Number: _______________________
_
INSPECTION COST OFFICIAL RECEIPT:
Amount: ___________________ Pesos
Date: ___________________ 200__
Number: ________________________
May I / we request for EXEMPTION CLEARANCE for the following parcel of land:

Area in hectares: ___________________________________________

Street / Road / access: ___________________________________________
Sitio / Purok / vicinity: ___________________________________________
Barangay: ___________________________________________
Municipality: ___________________________________________
Province / City: ___________________________________________
Owner/s: ___________________________________________
Title (if any): ___________________________________________

In support of this application, I / we hereby submit the following information under

oath:

APPLICANT'S PERSONAL CIRCUMSTANCES

INDIVIDUAL LANDOWNER
IF THE APPLICANT IS THE LANDOWNER

Name: _________________________________________________
Address: _________________________________________________
_________________________________________________
Telephone: __________________ Fax: __________________________
Telephone: __________________ E-mail: ________________________

CORPORATION/PARTNERSHIP/CO-OWNERSHIP/GOVERNMENT ENTITY

Name: _________________________________________________
Address: _________________________________________________
_________________________________________________
Telephone: __________________ Fax: __________________________
Telephone: __________________ E-mail: ________________________

PRESIDENT or HEAD of corporation or government entity:

Name: _________________________________________________
Telephone: __________________ Fax: __________________________
Telephone: __________________ E-mail: ________________________

For CO-OWNERSHIP:
Number of co-owners: ________
Name and address of co-owners:

Co-owner Name: ____________________________________________

Address: ____________________________________________
Co-owner Name: ____________________________________________
Address: ____________________________________________
Co-owner Name: ____________________________________________
 Address: ____________________________________________
Co-owner Name: ____________________________________________
Address: ____________________________________________
Co-owner Name: ____________________________________________
Address: ____________________________________________
Co-owner Name: ____________________________________________
Address: ____________________________________________

REPRESENTATIVE
IF APPLICANT IS NOT THE LANDOWNER:

Name: _________________________________________________
Address: _________________________________________________
Telephone: __________________ Fax: __________________________
Mobile phone: _________________ E-mail: ____________________
SOURCE OF AUTHORITY:
[ ] Special Power of Attorney [ ] Board Resolution

DESCRIPTION OF LANDHOLDINGS
Main Access Road: ________________________________________
Barangay: ________________________________________
Municipality/City: ________________________________________
Province: ________________________________________

TITLE OF OWNERSHIP
[ ] WITH TITLE (PLEASE ATTACH CERTIFIED TRUE COPY OR
COPIES)
[ ] NO TITLE

[ ] Tax Declaration as of 15 June 1988 (attach photocopy):

[ ] Latest Tax Declaration (attach photocopy):

Year _______________
Number _______________

[ ] Alienable and Disposable

[ ] Pending Administrative Confirmation of Imperfect Title

When Filed: _____________________
Where Filed: _____________________
Case Number: _____________________

[ ] Pending Judicial Confirmation of Imperfect Title

When Filed: _____________________
Where Filed: _____________________
Case Number: _____________________

[ ] Name(s) Adverse Claimant(s):

_________________________ _______________________
__
_________________________ _______________________
__
TERRAIN / TOPOGRAPHY:
 TOPOGRAPHY: HECTARES: PEAK ELEVATION:
[ ] Flat _________ [ ] Not above 500 meters
[ ] Upland _________ [ ] Above 500 meters
[ ] Hilly _________
[ ] Mountainous _________
[ ] Plateau _________
[ ] Valley _________

ACCESSIBILITY (approximate distance in kilometers):

Barangay Road ______ Barangay Center ______
Municipal Road ______ Municipal Hall ______
Provincial Road ______ Provincial Capitol ______
National Highway ______
Public Market ______
School ______
Other Landmarks ______ Specify: _____________________
Other Landmarks ______ Specify: _____________________

Remarks (specify type of road, means of access, others):

________________________________________________________
________________________________________________________

EXISTING CARP coverage

[ ] With Notice of Acquisition / Valuation

date issued: ___________________

[ ] With perfected Voluntary Land Transfer / Direct Payment Scheme

date executed: ___________________

[ ] With approved Stock Distribution Option

date approved: ___________________

[ ] Within landed estate / resettlement

[ ] Not covered by any of the above

NUMBER of PERSONS and STATUS of OCCUPANCY

NUMBER:
[ ] with agricultural lessee(s) ________
[ ] with share tenant(s) ________
[ ] with regular farmworker(s) ________
[ ] with seasonal farmworker(s) ________
[ ] with other farmworker(s) ________
[ ] with actual tiller(s) ________
[ ] with occupant(s) ________
[ ] with ______________________ ________
[ ] none
CHECK IF AVAILABLE AND ATTACH CERTIFIED TRUE COPIES OF THE
FOLLOWING:
[ ] Certification from the Housing and Land Use Regulatory Board (HLURB)
Regional Officer on the actual zoning or classification of the subject land in
the approved comprehensive land use plan, citing the municipal or city
zoning ordinance number, resolution number, and date of its approval by the
HLURB or its corresponding board resolution number
[ ] Comprehensive Land Use Plan (CLUP)
[ ] Not yet approved by the Sanggunian
[ ] Approved by the Sanggunian
[ ] Municipal or City Zoning Ordinance
Number __________________
Date: __________________
[ ] Not yet approved by HLURB
[ ] Approved by HLURB resolution
Number __________________
Date: __________________
[ ] Certification issued by the DENR Mines and Geosciences Bureau or the
proper Department of Environment and Natural Resources (DENR) office
attesting that the subject land is classified as mineral and covered by a mining
permit issued by said Bureau or the proper Local Government Unit (LGU) in
case of small scale mining.
[ ] Certification issued by the DENR Forestry Sector or the proper DENR office
attesting that the subject land is classified as within the forest zone.
[ ] Certification issued by the National Irrigation Administration (NIA).
[ ] Lot Plan: date: ____________ Geodetic Engineer:
_______________________
[ ] Vicinity or directional map

BILLBOARD
Number of Billboards Erected: ______ Billboard Height in meters: _______
Date Erected: ______________________ Billboard Length in meters: _______
Materials used for billboard: ________________________________________
Exact Location(s) of Billboard(s):
Billboard
1 ____________________________________________________
Billboard
2 ____________________________________________________
Billboard
3 ____________________________________________________
MESSAGE WRITTEN ON BILLBOARD
DIALECT: _________________________

ATTACH BEST SHOT COLOR PHOTOGRAPH OF BILLBOARD (size 5 inches by 7

inches)
LANDOWNER/APPLICANT LANDOWNER/APPLICANT
TIN: _________________ TIN: _________________
Community Tax Certificate Community Tax Certificate
Number: _________________ Number: _________________
Place: _________________ Place: _________________
Date: _________________ Date: _________________

____________________________ ____________________________
LANDOWNER/APPLICANT LANDOWNER/APPLICANT
TIN: _________________ TIN: _________________
Community Tax Certificate Community Tax Certificate
Number: _________________ Number: _________________
Place: _________________ Place: _________________
Date: _________________ Date: _________________

____________________________ ____________________________
WITNESS WITNESS

SUBSCRIBED and SWORN to before me this

_________________________________ 200__ in
___________________________________ personally appeared the above, known
to me and to me known to be the person(s) who executed this SWORN APPLICATION
FOR EXEMPTION after exhibiting to me his/her/their respective Tax Identification
Number (TIN) and Community Tax Certificate, and he/she/they acknowledge the
voluntary execution of this sworn application and full comprehension of its legal
consequences.

Document ____
Page ____
Book ____
Series of 200_

Fill in the blanks or write a check in the appropriate brackets "[ ]. Any false statement
in this application or attachments thereto shall be a ground for outright denial of the
application and criminal prosecution. Any portion left blank is equivalent to a sworn
statement by the applicant that the information for the blank line is "N/A" or "Not
Applicable", which, if found to be otherwise, shall likewise be subject to criminal
prosecution.

[REPUBLIC ACT NO. 7881]

AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, ENTITLED
“AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO
PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE
MECHANISM FOR ITS IMPLEMETATION, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 3, Paragraph (b) of Republic Act No. 6657 is hereby amended to
read as follows:

“SECTION 3. Definitions. – For the purpose of this Act, unless the context indicates
otherwise:

“(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the
soil, planting of crops, (growing of fruit trees, including the harvesting of such farm
‘products, and other farm activities and practices performed by a farmer in conjunction
with such farming operations done by persons whether natural or juridical.”

SEC. 2. Section 10 of Republic Act No. 6657 is hereby amended to read as follows:

“SECTION 10. Exemptions and Exclusions.

“a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall
be exempt from the coverage of this Act.

“b) Private lands actually, directly and exclusively used for prawn farms and fishponds
shall be exempt from the coverage of this Act: Provided, That said prawn farms and
fishponds have not been distributed and Certificate of Land Ownership Award (CLOA)
issued to agrarian reform beneficiaries under the Comprehensive Agrarian Reform
Program.

“In cases where the fishponds or prawn farms have been subjected to the Comprehensive
Agrarian Reform Law by voluntary offer to sell, or commercial farms deferment or notices
of compulsory acquisition, a simple and absolute majority of the actual regular workers or
tenants must consent to the exemption within one (1) year from the effectivity of this Act
When the workers or tenants do not agree to this exemption the fishponds or prawn farms
shall be distributed collectively to the worker-beneficiaries or tenants who shall form a
cooperative or association to manage the same.

“In cases where the fishponds or prawn farms have not been subjected to the
Comprehensive Agrarian Reform Law the consent of the farm workers shall no longer be
necessary’ however, the provision of Section 32-A hereof on incentives shall apply.”
“c) Lands actually, directly and exclusively used and found to be necessary for national
defense, school sites and campuses, including experimental farm stations operated by
public or private schools for educational purposes, seeds and seedlings research and
pilot production center, church sites and convents appurtenant thereto, mosque sites and
Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal
colonies and penal farms actually worked by the inmates, government and private
research and quarantine centers and all lands with eighteen percent (18%) slope and
over, except those already developed, shall be exempt from the coverage of this Act.”

SEC. 3. Section 11, Paragraph 1 is hereby amended to read as follows:

“SECTION 11. Commercial Farming. – Commercial farms, which are private agricultural
lands devoted to saltbeds, fruit farms, orchards, vegetable and cut-flower farms, and
cacao, coffee and rubber plantations, shall be subject to immediate compulsory
acquisition and distribution after ten (10) years from the effectivity of this Act.In the case
of new farms, the ten-year period shall begin from the first year of commercial production
and operation, as determined by the DAR.During the ten-year period, the Government
shall initiate steps necessary to acquire these lands, upon payment of just compensation
for the land and the improvements thereon, preferably in favor of organized cooperatives
or associations which shall thereafter manage the said lands for the workers-
beneficiaries.”

XECUTIVE ORDER NO. 299 July 26, 1987

MODIFYING EXECUTIVE ORDER NO. 878 DATED MARCH 4, 1983

I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

Sec. 1. Section 1 of Executive Order No. 878 is hereby amended to read as follows:

"Sec. 1. The Office of the Government Corporate Counsel shall be headed by the
Government Corporate Counsel whose rank, emoluments and privileges shall be the same
as those of the Presiding Justice of the Court of Appeals. He shall be assisted by a Deputy
Government Corporate Counsel whose rank, emoluments and privileges shall be the same
as those of an Associate Justice of the Court of Appeals, and ten (10) Assistant Government
Corporate Counsels whose rank emoluments and privileges shall be the same as those of
Regional Trial Judge of the Regional Trial Courts.

The Government Corporate Counsel, Deputy Government Corporate Counsel, and Assistant
Government Corporate Counsels must be officers learned in law, of recognized competence,
with experience in the practice of law for at least ten (10) years, and at least thirty-five (35)
years of age.

The incumbent Government Corporate Counsel, Deputy Government Counsel, and Assistant
Government Corporate Counsels shall be entitled to the rights, emoluments and privileges
vested upon them as of the time of their appointments, without need of new appointments."

DONE in the City of Manila, this 26th day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
 DOJ OPINION NO. 044, s. 1990
March 16, 1990

Secretary Florencio Abad

Department of Agrarian Reform
Diliman, Quezon City

Sir:
This refers to your letter of the 13th instant stating your "position that
prior to the passage of R.A. 6657, the Department of Agrarian Reform had the
authority to classify and declare which agricultural lands are suitable for non-
agricultural purposes, and to approve or disapprove applications for conversion
from agricultural to non-agricultural uses."
In support of the foregoing view, you contend that under R.A. No.
3844, as amended, the Department of Agrarian Reform (DAR) is empowered to
"determine and declare an agricultural land to be suited for residential,
commercial, industrial or some other urban purpose" and to "convert agricultural
land from agricultural to non-agricultural purposes"; that P.D. No. 583, as
amended by P.D. No. 815 "affirms that the conversion of agricultural lands shall
be allowed only upon previous authorization of the [DAR]; with respect to
tenanted rice and corn lands"; that a Memorandum of Agreement dated May 13,
1977 between the DAR, the Department of Local Government and Community
Development and the then Human Settlements Commission "further affirms the
authority of the [DAR] to allow or disallow conversion of agricultural lands"; that
E.O. No. 129-A expressly invests the DAR with exclusive authority to approve or
disapprove conversion of agricultural lands for residential, commercial, industrial
and other land uses'; and that while in the final version of House Bill 400, Section
9 thereof provided that lands devoted to "residential, housing, commercial and
industrial sites classified as such by the municipal and city development councils
as already approved by the Housing and Land Use Regulatory Board, in their
respective zoning development plans" be exempted from the coverage of the
Agrarian Reform program, this clause was deleted from Section 10 of the final
version of the consolidated bill stating the exemptions from the coverage of the
Comprehensive Agrarian Reform Program.
We take it that your query has been prompted by the study previously
made by this Department for Executive Secretary Catalino Macaraig Jr. and
Secretary Vicente Jayme (Memorandum dated February 14, 1990) which upheld
the authority of the DAR to authorize conversions of agricultural lands to non-
agricultural uses as of June 15, 1988, the date of effectivity of the
Comprehensive Agrarian Reform Law (R.A. No. 6657). it is your position that the
authority of DAR to authorize such conversion existed even prior to June 15,
1988 or as early as 1963 under the Agricultural Land Reform Code (R.A. No.
3844; as amended).
It should be made clear at the outset that the aforementioned study of
this Department was based on facts and issues arising from the implementation
of the Comprehensive Agrarian Reform Program (CARP). While there is no
specific and express authority given to DAR in the CARP law to approve or
disapprove conversion of agricultural lands to non- agricultural uses, because
Section 65 only refers to conversions effected after five years from date of the
award, we opined that the authority of the DAR to approve or disapprove
conversions of agricultural lands to non-agricultural uses applies only to
conversions made on or after June 15, 1988, the date of effectivity of R.A. No.
6657, solely on the basis of our interpretation of DAR's mandate and the
comprehensive coverage of the land reform program. Thus, we said:
"Being vested with exclusive original jurisdiction over all matters involving
the implementation of agrarian reform, it is believed to be the agrarian
reform law's intention that any conversion of a private agricultural land to
non- agricultural uses should be cleared beforehand by the DAR. True,
the DAR's express power over land use conversion is limited to cases in
which agricultural lands already awarded have, after five years, ceased
to be economically feasible and sound for agricultural purposes, or the
locality has become urbanized and the land will have a greater economic
value for residential, commercial or industrial purposes. But to suggest
that these are the only instances when the DAR can require conversion
clearances would open a loophole in the R.A. No. 6657, which every
landowner may use to evade compliance with the agrarian reform
program. Hence, it should logically follow from the said department's
express duty and function to execute and enforce the said statute that
any reclassification of a private land as a residential, commercial or
industrial property should first be cleared by the DAR."
It is conceded that under the laws in force prior to the enactment and
effective date of R.A. No. 6657, the DAR had likewise the authority, to authorize
conversions of agricultural lands to other uses, but always in coordination with
other concerned agencies. Under R.A. No. 3344, as amended by R.A. No. 6389,
an agricultural lessee may, by order of the court, be dispossessed of his
landholding if after due hearing, it is shown that the "landholding is declared by
the [DAR] upon the recommendation of the National Planning Commission to be
suited for residential, commercial, industrial or some other urban purposes."
Likewise, under various Presidential Decrees (P.D. Nos. 583, 815 and
946) which were issued to give teeth to the implementation of the agrarian reform
program decreed in P.D. No. 27, the DAR was empowered to authorize
conversions of tenanted agricultural lands, specifically those planted to rice
and/or corn, to other agricultural or to non-agricultural uses, "subject to studies
on zoning of the Human Settlements Commissions" (HSC). This non-exclusive
authority of the DAR under the aforesaid laws was, as you have correctly pointed
out, recognized and reaffirmed by other concerned agencies, such as the
Department of Local Government and Community Development (DLGCD) and
the then Human Settlements Commission (HSC) in a Memorandum of
Agreement executed by the DAR and these two agencies on May 13, 1977,
which is an admission that with respect to land use planning and conversions,
the authority is not exclusive to any particular agency but is a coordinated effort
of all concerned agencies.
It is significant to mention that in 1978, the then Ministry of Human
Settlements was granted authority to review and ratify land use plans and zoning
ordinance of local governments and to approve development proposals which
include land use conversions (see LOI No. 729 [1978]). This was followed by
P.D. No. 648 (1981) which conferred upon the Human Settlements Regulatory
Commission (the predecessors of the Housing and Land Use Regulatory Board
[HLURB] the authority to promulgate zoning and other land use control standards
and guidelines which shall govern land use plans and zoning ordinances of local
governments, subdivision or estate development projects of both the public and
private sector and urban renewal plans, programs and projects; as well as to
review, evaluate and approve or disapprove comprehensive land use
development plans and zoning components of civil works and infrastructure
projects, of national, regional and local governments, subdivisions,
condominiums or estate development projects including industrial estates.
P.D. No. 583, as amended by P.D. No. 815, and the 1977
Memorandum of Agreement, abovementioned, cannot therefore, be construed as
sources of authority of the DAR; these issuances merely affirmed whatever
power DAR had at the time of their adoption.
With respect to your observation that E.O. No. 129-A also empowered
the DAR to approve or disapprove conversions of agricultural lands into non-
agricultural uses as of July 22, 1987, it is our view that E.O. No. 129-A likewise
did not provide a new source of power of DAR with respect to conversion but it
merely recognized and reaffirmed the existence of such power as granted under
existing laws. This is clearly inferrable from the following provision of E.O. No.
129-A to wit:
"Sec. 5. Powers and Functions. Pursuant to the mandate of the
Department, and in order to ensure the successful implementation of the
 Comprehensive Agrarian Reform Program, the Department is hereby
authorized to:
1) Have exclusive authority to approve or
disapprove conversion of agricultural lands for
residential, commercial, industrial and other land
uses as may be provided by law" (Emphasis
supplied.)
Anent the observation regarding the alleged deletion of residential,
housing, commercial and industrial sites classified by the HLURB in the final
version of the CARP bill, we fail to see how this circumstances could substantiate
your position that DAR's authority to reclassify or approve conversions of
agricultural lands to non-agricultural uses already existed prior to June 15, 1988.
Surely, it is clear that the alleged deletion was necessary to avoid a redundancy
in the CARP law whose coverage is expressly limited to "all public and
private agricultural lands" and "other lands of the public domain suitable for
agriculture" (Sec. 4, R.A. No. 6657). Section 3(c) of R.A. No. 6657 defines
"agricultural land" as that "devoted to agricultural activity as defined in the
Act and not classified as mineral forest, residential, commercial or industrial
land."
Based on the foregoing premises, we reiterate the view that with
respect to conversions of agricultural lands covered by R.A. No. 6657 to non-
agricultural uses, the authority of DAR to approve such conversions may be
exercised from the date of the law's effectivity on June 15, 1988. This conclusion
is based on a liberal interpretation of R.A. No. 6657 in the light of DAR's mandate
and the extensive coverage of the agrarian reform program.

Very truly yours,

FRANKLIN M. DRILON
Secretary