Administrative Order

No. 04, Series of 2003

2003 Rules on Exemption of land
from CARP Coverage under Section
3 (c) of RA 6657 and DOJ Opinion
No. 44,
Series of 1990
BASIS/COVERAGE
RA 6657, Sec. 3 (c)Comprehensive Agrarian
Reform Law
Department of Justice Opinion No. 44, S. of
1990
Natalia Realty vs. DAR (12 August 1993,
225S278)
Where to file application
for Exemption
CLUPPI- Above five
(5) hectares
RCLUPPI Five (5) hectares and
below

Disturbance Compensation
Farmer
Agricultural Lessee
Share Tenant
Farmworker
Actual Tiller

Types of Disturbance Compensation
Cash
Kind
Housing
Home lots
Employment
Other benefits
Cash and kind

Disputes on Fixing of
Disturbance Compensation

RD Adjudicator
Adjudicator Resolution
Approving Authority grants
Conditional Exemption Order
APPROVING AUTHORITIES
Involves several parcels that
total area exceed 5 has.

Located within the same barangay; or

Within two or more barangays that are
adjacent to each other

SECRETARY
Areas Above 5 hectares
APPROVING AUTHORITIES:
REGIONAL DIRECTOR

Areas involving 5
hectares and below

INSPECTION COST

Five (5) Hectares and
below

Within the same island as
that of the Office of the
Regional Director

Not within the same island as
that of the Office of the
Regional Director


Inspection Fee



P 10,000.00


P 15,000.00



INSPECTION COST
Above Five (5)
Hectares

Within the main Island of
Luzon (except Bicol
Peninsula)

Within Regions I to IV but
is not located within the
main Island of Luzon


Inspection Fee

P 10,000.00


P 15,000.00

INSPECTION COSTS
Above Five (5)
Hectares
Landholding is in Bicol
Peninsula or Visayas
Group of Islands

Landholding is in the
Mindanao group of Island
Inspection Fee

P 15,000.00


P 20,000.00

Documentary Requirements
Official Receipt showing proof of
payment of Inspection Fees
Sworn Application for CARP
Exemption or Exclusion
Special Power of Attorney or
Notarized Secretarys Certificate
Documentary Requirements

Documentary Requirements
In Case of Untitled Land:

Certification from DENR-CENRO or

Clerk of Court


Documentary Requirements

Land Classification Certification:
HLURB
DENR - MGB
DENR Forestry Sector
NIA
MARO
Documentary Requirements
Photographs

Proof of Receipt of Payment of
Disturbance Compensation or a valid
agreement to pay or waive payment of
disturbance compensation

Vicinity or Director Map
Documentary Requirements
Affidavit of Undertaking
Number and names of farmers,
agricultural lessees, share tenants,
farmworkers, actual tillers, occupants
Erection of Billboard
Non-commission of Forum-Shopping
Abide with the decision of Adjudicator
on the fixing of disturbance
compensation







PROCEDURE/PROCESS
Interrupt the running period for
processing application for
exemption, and
Lift the deadline for approving or
disapproving the application
EFFECT OF PROTEST
Effect on the
Pre-Existing Coverage
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.
MARAMING
SALAMAT PO!
DAR Administrative Order No. 1
Series of 2002
2002 Comprehensive
Rules on
Land Use Conversion
28 February 2002

DAR AO No. 1 Series of 2002
Comprehensive Rules on
Land Use Conversion
BASIS:
RA 6657 Comprehensive Agrarian Reform
Law

RA 8435 Agriculture & Fisheries
Modernization Act

EXECUTIVE ORDER NO. 45

Prescribing Time Periods for Issuance
of Housing-Related Certifications,
Clearances and Permits, and
Imposing Sanctions for Failure to
Observe the Same
October 24, 2001
Areas Covered
Agricultural lands to be converted to non-
agricultural uses
Agricultural lands to be devoted to another type
of agricultural activities such as livestock, poultry
& fishpond
Agricultural lands to be converted to non-
agricultural uses other than that previously
authorized
Agricultural lands reclassified to non-agricultural
uses by the LGU after June 15, 1988
What are the Areas
Non-negotiable
for Conversion?
Agricultural lands under
NIPAS Mossy and virgin
forest Riverbanks
Swamp forest or marshlands
All irrigated lands
All irrigable lands covered by
firm funding project
commitments
All Agricultural lands with
irrigation facilities

Priority Development Areas and
Projects
Specific sites in RAIC/RIC identified by DTI
and DA
Tourism development areas
Areas intended for eco-zone projects,
endorsed by PEZA
Government-owned lands to be converted
for projects of national interest


If CARP Land:

Applicant should be the ARB

5 - year prohibitory period has lapsed

Full payment of obligation


Criteria for Conversion

CLUPPI
Center for Land use Policy, Planning
and Implementation

RCLUPPI

PARO


Where To Secure
Application Forms



CLUPPI RCLUPPI

- above 5 - 5 hectares and
hectares below


Where to File Application for Land
Use Conversion


Filing Fee/Inspection Cost










Within same
island or that of
the Office of the
DAR Regional
Director
Filing Fee
P1,000.00
Inspection Fee
P10,000.00
Not within same
island or that of
the Office of the
DAR Regional
Director
P15,000.00

5 hectares & below
Filing Fee/Inspection Cost
Above 5 hectares
Filing Fee Inspection
P2,000.00 P10,000.00
Major island of Luzon
(except Bicol peninsula

Region 1 IV P15,000.00
(outside the main island of
Luzon

Visayas Group of Island
(including Bicol peninsula) P15,000.00

Mindanao Group of Island P20,000.00


Approving Authority

Areas above 5 hectares
Secretary
Total land applied
Land is adjacent to area previously granted
conversion
Single project with different owners within
same barangay or within 2 or more adjacent
barangays

Approving Authority


Regional Director

Areas involving 5
hectares and
below


Grounds for Revocation of
Conversion Order


Lack of jurisdiction by approving authority
Misrepresentation of facts
Non-compliance with the conditions

Grounds for Revocation of
Conversion Order

Non-compliance with the agreement on
payment
of disturbance compensation Conversion to
other use other that authorized.

Any other serious violation of agrarian laws



Standard
Documentary
Requirements
Standard Documentary
Requirements
Proof of payment of necessary fees &
posting of bonds

Notarized Application


Copy of OCT or TCT

If untitled, DENR Certification on A & D
status of land

DENR/Court Certification that titling has
began; and absence of adverse
claimants

Standard Documentary
Requirements
True Copy of TCTs/OCTs of all subject land
as of 15 June 1998, and all successor titles
until present
True Copy of current Tax Declaration
Standard Documentary
Requirements
Project Feasibility Study
J VA or Business arrangement on the use
of land between the landowner (or
EP/CLOA holders) and developer
Standard Documentary
Requirements
Narrative description of development plan with
detailed activities, program components,
phasing, work schedule and financial plan
duly certified by a licensed engineer, architect
or land use planner
Standard Documentary
Requirements
Proof of financial & organizational
capability of the developer to develop
land
Socio-economic benefit-cost study of the
proposed project
Standard Documentary
Requirements
Recent 5R photos of the property
SPA or Board Resolution
Concurrence letter of the mortgagee; if land
is encumbered
Standard Documentary
Requirements
Certification from the MARO
1) Status of CARP coverage on & around
the subject land
2) Condition of the posting of billboards
3) Presence of farmers, agricultural lessee, etc.
4) Posting of notices of application in
conspicuous places
Standard Documentary
Requirements
Affidavit/
Undertaking of
the applicant
stating:
List of tenants,
farmworkers, bonafide
occupants to be
affected by conversion
payment of or shall pay
disturbance compensation
required billboard has
been erected
Standard Documentary
Requirements
Affidavit/
Undertaking of
the applicant
stating:
not to undertake premature
development
authorizing DAR to forfeit
bond in case of premature
development
has not commenced any
action or filed any claim
involving the same land in
any court
Certifications From:
Housing and Land Use Regulatory Board
(HLURB)
Department of Agriculture (DA)
Department of Environment and Natural
Resources (DENR)
Special Certifications:
if applicant is an FB
From
DAR PARO
From LBP
Nature of CARP
coverage
Status of payment
Date of award of land
Full payment of
obligation
Public Notice
4 Feet by 8 feet billboard
made of strong weather-
resistant material
One billboard for every 20
hectares
Public Notice

Located on visible points
within the landholding
applied, preferably along
the road
Written in local dialect

Public Notice

Information includes
Statement that the applicant is proposing to
convert the subject landholding from
agricultural to non agricultural use
Name of the landowner representative and
developer
Are and location
Filing date


Public Notice

Information includes
Date of posting of billboard
Schedule of ocular inspection
Deadline for filing protest
Address of the CLUPPI and RCUPPI and
PARO where oppositors may formally file
their protest



Public Notice
Information includes
Address of the approving
authority
Date of approval or denial of
the application



Bond to
Guarantee Cash or Managers/
Against Cashiers Check
Premature (2.5% of zonal value)
Conversion
Surety Bond issued by
the GSIS (15% of
zonal value)

Bond to
Guarantee Posted upon filing of
Against application
Premature Guarantee against
Conversion premature conversion
Refundable or convertible
into performance bond

Bond to
Guarantee
Against
Premature
Conversion

Forfeited in favor of
ARF in case
Applicant carry out
Premature
development
Exemption from Bond to Guarantee
Against Premature Conversion

Socialized housing projects (HLURB)

Resettlement projects for families displaced by
development of government projects (NHA)

Community Mortgage Program projects
(NHMFC)

Cash or managers/cashiers check
(2.5% of total zonal value)

GSIS surety bond (15% of total
zonal value)


Performance Bond

Posted within 5 days form receipt of
copy of conversion order

Ensure faithful compliance with the
conditions of conversion Order

Refundable upon completion of the
project


Performance Bond



Forfeited upon default in
development of land and/or
non-compliance with
conditions in the Order



Performance Bond

LAND USE CONVERSION PROCEDURES

File application Maximum Processing Period:
Regular - 130 days
Priority areas - 110 days
Conduct of filed Housing - 70 days
Investigation (10 days)

Committee deliberation/ Issue Order of
Recommendation (30 Conversion (30
days) days)

EFFECT OF PROTEST
Interrupt running for processing