REPUBLIC OF THE PHILIPPINES. : DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo ADMINISTRATIVE ORDER NO. 06 Series of 2019 Subject: CREATION OF A COLLEGIAL BODY ON LAND USE CONVERSION AND EXEMPTION/EXCLUSION FROM CARP COVERAGE n PREFATORY STATEMENT Under Section 12 of Administrative Order (A.O.) No. 01, Series of 2002 emtitled “2002 Comprehensive Rules on Land Use Conversion,” the Secretary shall be the approving authority for land use conversion applications involving lands with an area larger than five (5) hectares. Likewise, under Paragraph V of A.O. No. 04, Series of 2003 entitled “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” and Section 5 of A.O. No. 01, Series of 2004 entitled “2004 Rules and Regulations Governing the Exclusion of Agricultural Lands Used for Cattle Raising from the Coverage of the Comprehensive Agrarian Reform Program,” the Secretary is the approving authority for properties/lands with an area larger than five (8) hectares. In the interest of the service and in line with the directive of the President to streamline the Conversion, Exemption and Exclusion processes for speedy resolution of the same, there is a need to create or constitute a collegial body, which shall approve or disapprove applications for conversion, exemption and exclusion and all other incidents or matters related thereto. LEGAL MANDATE Section 6, Chapter 2, Book IV of the Revised Administrative Code [Executive Order (E.0.) No. 292, Series of 1987] states that the authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested in the Secretary, who shall have supervision and control of the Department, Corollary thereto, E.O. 129-A provides the Secretary with the power to promulgate rules and regulations, which was reiterated in Section 49 of R.A. No. 6657, as amended to carry out the objects and purposes of agrarian reform program. Moreover, Section 50 of R.A. No. 6657, as amended, vested the Department of Agrarian Reform (DAR) with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).CREATION OF COLLEGIAL BODY ‘A Land Use Cases Committee (LUCC) is hereby created which shall be composed ofa Chairperson, Vice-Chairperson and three (3) members for Land Use Conversion Committee, another three (3) members for Exemption Committee and another three (3) members for Exclusion Committee to be designated by the Secretary. ‘The LUCC shall be supported by a Land Use Cases Secretariat (LUCS), Technical Working Group (TWG), On-Site Inspection and Tnvestigation (OSII) Teams and a Public Consultation Committee (PCC). FUNCTIONS AND AUTHORITY OF LUCC AND ITS SUPPORT GROUPS ‘The LUCC Chairperson, or in his absence, the Vice-Chairperson shall preside over Committee deliberation constituting a quorum. A vote of three (3) who are present during the deliberation shall be sufficient for the approval or disapproval of the application for conversion, exemption or exclusion. After deliberation, the concerned Committee shall issue decisions, resolutions and/or orders pertaining to the following: 1. Application for Conversion pursuant to A.O, No. 01, Series of 2002, as amended; 2. Application for Extension of the development period; 3. Petition for Revocation of the conversion order; 4. Application for Exemption pursuant to DOJ Opinion No. 44 covered by A.O. No. 4, Series of 2003; 5, Application for Exclusion based on Luz Farms Case pursuant to A.O. No. 01, Series of 2004; 6. Petition for Revocation of the exemption/exclusion orders; 7. Application/Lifting of Cease and Desist Order (CDO); and 8. Appeal from the decision of the Regional Directors (RDs) relative to the aforesaid application/petition involving lands with an area of 5 hectares and below. ‘The Head of LUCS shall be responsible for the promulgation and issuance of Notices of Decisions, Resolutions, Orders and CDOs, as well as Certificate of finality (COF) to all concerned applicants, oppositors, parties and counsels, as the case may be. Likewise, the LUCs shall be responsible for the assignment of cases to the concerned Committee, which shall be categorized by case type (Conversion, Exemption and Exclusion), Upon approval of the LUCC Chairperson in order manage the caseload or for meritorious circumstances, the LUCS may assign cases to the Committee that may be different from its designation. ‘The LUCC shall be assisted by the LUCS and TWG in the deliberation, as well as in the assignment of cases. The Bureau of Agrarian Legal Assistance (BALA) Land Use Cases Division (LUCD) shall act as the TWG of LUCS. ‘The TWG shall be responsible, among others, for the presentation of case briefs and OSI reports during the Committee deliberation. It shall perform a complete staffvu. work in the pre-evaluation of the application. It shall conduct an OSII and prepare OSI reports, through the OSI Teams subject to Memorandum Circular No. 07, Series of 2011 on confidentiality. Finally, cases cognizable by A.O. No. 05, Series of 2018, the PCC shall be responsible for the conduct of public consultation. APPEAL FROM THE DECISION, RESOLUTION AND ORDERS OF THE Lucc 1. The Decisions, Resolutions and Orders of the concerned Committee is not appealable to the Secretary. 2. Any aggrieved party may file a Motion for Reconsideration (MR) within a non- extendible period of fifteen (15) days from receipt of the decision, resolution and order of the concerned Committee. 3. The filing of the MR sball suspend the running of the fifteen (15) day period to appeal. If the denied, the aggrieved party has a non-extendible period of fifteen (15) days within which to file an Appeal to the Office of the President (OP) TRANSITORY PROVISION This A.O. shall apply to all pending, as well as subsequent applications for conversion, exemption, exclusion and to all other incidents or matters pertaining thereto as enumerated under paragraph IV hereof. AMENDMENTS This A.O. amends the pertinent provisions of A.O, No. 1, Series of 2002, A.O. No. 4, Series of 2003 and A.O. No. I, Series of 2004, which are inconsistent herewith. All other administrative orders, rules and regulations and other issuances made by this Department which are inconsistent herewith are hereby revoked, amended or modified, as the case may be. EFFECTIVITY This A.O. shall take effect ten (10) days after its publication in two (2) national newspaper of general circulation. Diliman, Quezon City, _ WAY 20.208 General Publication 1. Business Mirror Department of Agrarian Reforms “2. Business Insight Scineaaan Date of Publication: May 23, 2019 ‘1 LL 1SU-18-07776 vhf Published in two (2) National Newspaper ofREPUBLIC OF THE PHILIPPINES DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo CERTIFICATION This is to certify that Administrative Order No. 06, Series of 2019 entitled “CREATION OF A COLLEGIAL BODY ON LAND USE CONVERSION AND EXEMPTION/EXCLUSION FROM CARP COVERAGE” was published last Thursday, 23 May 2019 in the Malaya Business Insight and Business Mirror newspapers. Issued this 27th day of May 2019 for whatever purpose it may serve. hirectot, Public Assis Media Relations Service ‘DAR CENTRAL OFFICE TELEFAX, (632) 456-2561 tiptical Road, Dilan, Quezon City WEBSITE: wurw dar gov phBusinessMirror Thursday, May 23,2019 EE 3. Potion or Revocation of the eonvrdon oer 4. Anplication for Exemption pursuant Ye OGY Opinion No, 44 covered by ‘AO. No.4, Serine of 2008, 5. Application for Exclusion based on Luz Farms Case pursuant to A, No. 01, Seves of 206, Pelton for Revocation ofthe exemptonexcason axes; ‘Aapeatonl iting of Csaea and Desist Order {COO} nd ‘Agpoal from the decison of the Regional Directors (ROS) relaive tothe ‘pptcaton patton invalenglonds wit an area of § hecare and REPUBLIC OF THE PHILIPPINES. DEPARTMENT OF AGRARIAN REFORM ‘Tunay na Pagbabago sa Repormang Agraryo ADMINISTRATIVE ORDER NO, 06. Series of 2008 ‘CREATION OF A COLLEGIAL BODY ON LAND USE CONVERSION AND EXEMPTIONEXCLUSION FROM CARP COVERAGE | PREFATORY STATEMENT Under Section 12 of Administrative Onder (AO) No. 91, Ses of 2002 ented "2002 Comproheneive Rules on Land Use Conversion,” te Secretary shal be the _eprovng auhory forland uve convorson applications ving ands wih an stea largo than fve (8) hectare. Lkgwite, under Paragraph V of AO. No. O4, Serce 1212093 entifed "2009 Rules en Exempteon of Lange om CARD Coverage under Section 5 fe) of Repubic dct No. 657 ané Deparment of Justce (004) Opin ‘No. 46 and Socton 5 €f AO. No, 01, Sees of 2004 antes "2008 Res ad Regulations Governing the Exetision of Agrcutur Lands Used for Cale Rating ftom the Coverage of te Comprehensive Agravian Reform Prograr,"the Secrelaty Is the approving authorty tr propedosfands with an rea lager then ve (2) hectares Inthe ntcestofthe sonics andinine wth Oe droctve ofthe Pasintto searing the Conversion, Examyxion and Excision processes fof spoedy rasouion of te same, re [sa rood t create or consttts 3 college body, which shal approve ot dlapprove applications fr conversion, exerpion and exclusion and a other Fidents or meters lated here, 1. LEGAL MANDATE Section @, Chater 2, Book V ofthe Revised Acrinsratve Cae [Executive Order (EO) Ne. 202 Soros of 1987] slates that the auhery and rexponsiby for he fxetie af the mandala of he Deparment and forthe dichargo ote powore and tinetone aha be vostedin the Secretary, who shal have siperelon and conta of ‘he Deparinent| Corry thereto, £0. 128 provides the Secretary with the power fo promuigate ‘ndos and rogulaiors, which nas feletated ‘Section @ of RA. No. 6087, ae [bonded o cary ete jets and purposes of sgrrian reform program. ‘Morwover, Section $0 of RA No. 8657, as amended, vesiod the Dapartient of “The Heac of LUCS shall be responsible for the promulgation and issuance of Netcas of Deciions, Resoluions, Orders and CDOs, as wal as Catia of natty (COF to al concemed applcanis, opposer, partes end counsels, asthe case ‘may be. Lkowio, tho LUG shal be response fx the assignment of case fo ‘he concord Commitee, wich shall be ealogorzed by cave typo (Conversion, Examption and Excision). Upon approval of the LUCC. Chalporson fr cor manage the eascied or for mertor.ous circumstances the LUCS may aig cate {othe Corsntes that may be difrert rom ts designation, ‘The LUCG shal be assisted by the LUCS and TW inthe dotberaton a8 wel 35 Inthe acsgnmant of casos. The Burau of Agrarian Logal Asitance (GALA) Land ‘Use Cases Division (LUCE) shal ac asthe TS of LUCS, “Tne TW shall te rexponsble, among otters for he presentation of case bets and OSI reports ding to Cortes doiberan. Isha pear a complote sta ‘workin the preevaluaton of te application. ft wal onde an OSI and prepare {St reports. through the OSI! Teame subject fo Memorandum Cirdar No, OT, ‘erin of 2011 on confidently, Final, casos cognizable by AO. No. 08, Sars of 2018, the POC shall be reponse for he condct of pubic consutaton, \. APPEAL FROM THE DECISION, RESOLUTION AND ORDERS OF THE LUCC 1. The Dotisions, Resctuions and Orders ofthe concerned Committe I net _appealaboto the Secrotary. 2. Acy aggrieved party may fhe a Motion for Reconsideration (MR) win anon ‘excel priod of fegn (15) days fom recat of te cecson resolution and ‘er of he cancemed Conmitoe 13. Tho lingo the MR chal uspane the runing ofthe fteon (15) day pati o appeal If rie, the aggrieved pary has a nonestenclive period ef Faan (15) day within unen t le an Appeal othe Oice oft Prescot (OP), ‘VL TRANSITORY PROVISION “Ths AO. shal appy’ 10 sll persng, a8 weil at subsaquent apploatons tr ‘conversion, exempton,xclslon and to al oper inienes oF matars peraing There as enumerated under paregaph IV ere. ‘Vil. AMENDMENTS. This AO. amet te pertinent provisions of AO. No.1, Series of 2002, AO. No, 4 Sais of 2008 and AO. No.1, Sess of 2004, which are consistent herevith. ‘Aitcther earinisratve orders, ies and eguaisne and oer seunncos mad 2) thi Department which are noneiatnt herewith are hareby revoked, amended oF ‘moet aa tha ease ray Be, ‘UL EFFECTITY ‘This AO. shal take eect len (10) days afer ts pubeston in two (2) natonst newspaper of general eeu, iran, Quezon Cy, May 20.2018. ‘seisve Juste of the Doparmers ot Agicutire (OA) and tho Department of ‘Envtnant and Natural Resources (DENR) IW, CREATION OF COLLEGIAL BODY Aland Use Cates Commitee (LUCC) thereby create wich shal be composed ‘ta Chasperson, View Chatpecson aretha (3}mombrs ar LandUse Conran onvnitee, another tee (2) members for Exanpten Consmaes and aetna Pree {@)members for Exclusion Commitee tbe desirate by the Secretary ‘The LUCC shal be suppertd by a Land Use Cazes Secrlarat (LUGS), Teetncl ‘Werking Group (TW), On-Ste Inspect and investigaton (OSI) Teams and @ Public Conattaten Cameitee (PCC) IN. FUNCTIONS AND AUTHORITY OF LUCC AND TS SUPPORT GROUPS Te LUCC Ghalpersan, erin his absence, he Vice-Charosreon shal preside ove Commitee defberaten constsing a qacum. A vois of vee (2) who are present Chring the daiteraon shat be suficont for tho approval er dsappreve of the ‘pple lor conversion, exer or exusion, [Aer dlberation, the concamed Commitee sna sue deisons,resliions ard! renders periing to he foto: 1. Apalication for Conversion pursuant to A.0. No. 01; Sores of 2002, a arendodt 2 Aeplaton for Extension of ie development rodMalaya, . Business Insight ‘ Thursday, May 23,2019 AR 2. Appleaton for Exons of the dawecpent pated: ‘3. Pasion or Revocation ofthe conversion order 4 Application for Exemption pursuset to DOJ Opinion No. 48 coveted by ‘RO. No.4, Saves 02003: 5. Appteaton for Excision based on Luz Farms Case pursvent to AO, No 01, Sets of 2004 Potton for Revocation of he exemptoriexchion orders 1, Appling of Canse and Desist Orr (C00): and 8, Appeal from th decton ofthe Regional Dewctors (RDs) rv to the aforesaid appleaionpationinevng anda with an oea of Shaclares and REPUBLIC OF THE PHILIPPINES one DEPARTMENT OF AGRARIAN REFORM Tunay na Pagbabago sa Repormang Agraryo [ADMINISTRATIVE ORDER NO. 06 ‘Sertes of 2019 Subject: CREATION OF ACOLLEGIAL BODY ON LAND USE CONVERSION [AND EXEMPTIONIEXCLUSION FROM CARP COVERAGE 1 PREFATORY STATEMENT ‘Und Suction 1 of Adinisatwe Ord (A.0.) No Of, Series of 2002 embed “2002 Compretonsive Rules on Land Use Conversion the Sectetay shall be the apecovng uot forlans use conversion apptcaions ewoleng lands wi fan ees fargr than vo (5) hactres. LkoWe, under Paragraph V ef AO. No, (4, aries of 2008 ented "2003 Rules on Exemption ef Land fom CAR CCovsrage under Secon 9 (c) of Repube Act No. 6857 and Deparment of shntize (004) Opinion Ho. 2¢ and Secon 5 of AO. NO. Ot, Sais of 2008 ientited “2004 Ros and Requations Goring to Excson of Reroatral {ands Used for Catt Raising fom the Coverage of the Compretersve ‘graven Reto Progran,” he Secelary i the. approving euorty for [operands wih ah area largar than fva (5) hectare. Inthe iteest of he service ans inne wih the detive ofthe Preséant m9 Streamine te Converson. Exemption and Excusion processes fr speedy Tascluion of the same, or 2 need fo create or consis a colegio, lick shal eprove o disapprove applications for convorson, exemption nd ‘cision and a lherncents or mates related ter A. LEGAL MANDATE Seaton 6, Cnaper 2, 800k V ofthe Revisod Administrative Code [Executive (Odor (.0.)Ne. 282, Seis of 1987] totes that the authority and responsblty {ore exercise of tho mandote of te Departmon! and fr tho seerargo of Hs powors and func shal be vested i te Secretary, who shall have ‘ipoe/on ad contol of he Deparment Coroory treta, £0. 125 provides the Secretay wih the power to bromulgate nes ad rogultions, which was roeratod ln Secon 49 f LA No, 0537, 0 amon a cay oul the oboe oe prposas of agrarian fers program. Moreover Secton 50 cf RA, No. 6857; as amanded, vested the Departra of ‘Agrarian Reform (OAR wah te primary tadesen to detemsne and auto furan efor raters and shal have excuse oral sion over at ‘mater involang the Rplomeniaton of agtarian raform excep hose fling tinder he excuse joan ofthe Deparmant of Agicatre (DA) andthe Department of Evironment and Natal Resourons (OENR), 1M, CREATION OF COLLEGIAL BODY ‘A Lang Use Cases. Commitee (LUCC) Is hereby canted which shall be Composed uf a Chalperson, Vice-Chalperson an thrve (3) members fr {and Use Ganverslon Commitee, araher three (3) members for Examen Garantiee and another thre (3) members Yor Excuson Commit fo be eainated by tho Secretary ‘The LUGG shat be supported by a Land Use Cases Secrtaiat(LUCS), “eens Woring Group (TW, On-Site Inspection ana Ivestgaton (OS “Tears and a Pubic Corsaltaion Corsnitee (PCC) |V,_ FUNCTIONS AND AUTHORITY OF LUCC AND ITS SUPPORT GROUPS. ‘Te LUCG Chatperson, on his absenco, the Vice Chakperson shal resie ‘ver Corrtioe dalberatonconsting a urs Aveta of toa (3) who are preset dung tba catberaton shale sufi orth approval 6 esepDrNal tthe appleaton for conrsinn, exampson or excision. [Aer deliberation, te concerned Commitee shat neve decors, resoilone tndor orders periining to the aowing 1. Appleton for Convarsion pursuant t0A.O. Ne. 01, Series of 2002, 8 arene ‘The Hond of LUCS shat be respenible fr the promulgation and isuanoe of Notices of Beckers, Rosdutora, Orare and CDOs, a wel a Corals ot fray (COF)to al concomed aprcants,oppostor, pares and cours, 8 ‘he case ray be, nani, the LUCS shal be response forte signer ot cases tp fe concerned Commitee, whieh shall be calaported by cate ‘ype (Conversion, Examptlon ane Excusion) Upon approval ofthe LIC CChatpersan in erder manage the cageload oF for merous oFcunstances, {he LUCS may aexgr casos to tho Commie tat may be erent Wom is devgnation ‘The LUCC shal be ait by the LUCS and TW inte dlbration, 2 wo asthe ansgrmon of casos. Tre Bureau of Agrarian LogalAustancn (BALA) {and Use Cases Dison (LUCD) shal ac asthe TWC of LUCS, ‘The TW shabe responsi, among oer rhe prosertaton of caso beats _and QSilsapors dg te Carmien delberason. shall pafor a compete ‘Saf work tte po-valith of the apoteaien I shat conduct an OSI and fare Osi reports. wou te OSI Toams subject to Memerandum Crear No 07, Seri of 2011 on corr Fnaly, cases cognizable by A. No. 05, Series of 2018, the PCC shal be ‘esponible forthe cond of pubic sonatason, \V._ APPEAL FROM THE DECISION, RESOLUTION AND ORDERS OF THE LUCC 1. The Dastlons, Resouins and Orders ofthe concerned Commie ot sppaaitle ot Secret. 2 Any aggrieved pity may-fe a Motion for Reconsideration (MF) win ‘omental parca ot teen (15) Jaye rom recoDt of te delson, Fesoualon and otro he concarnes Comte, Tho fg ofthe" shal suspend the running of he teen (15) day nowextnsble convorin,exampten excision ara aller cides mar parang thereto as enumerated uncer paragraph 1 here ‘VIL AMENDMENTS This AO. amencs he partnont provisions of AO. No.1, Seas of 2002, 0. No. 4, Sees of 2008 and A.0. No, Sevles of 2004, which are Iconian herent, Al ether sdmiitatve orders, rules and regultions end oer "Spuorass mac by tes Doparant which ar Inconaiston Norah are Neraby ‘evoked, amended or mace, a0 the case may De vo eFreCrMITY This AO, shal tae afc fn (10) daye saris pubeation into (2) natn newepapet of goneral ciclo, Ditman, Quezon City, ay 20.209. oC N cr a oY tony 23.2015 :