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

 SECRETARY
Areas Above 5 hectares
 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
 APPROVING AUTHORITIES:

 REGIONAL DIRECTOR

 Areasinvolving 5
hectares and below
 INSPECTION COST

 Five (5) Hectares and  Inspection Fee

below

Within the same island as P 10,000.00

that of the Office of the
Regional Director
P 15,000.00
Not within the same island as
that of the Office of the
Regional Director
 INSPECTION COST

 Above Five (5)  Inspection Fee

Hectares

P 10,000.00
Within the main Island of
Luzon (except Bicol
Peninsula)
P 15,000.00

Within Regions I to IV but

is not located within the
main Island of Luzon
 INSPECTION COSTS
 Inspection Fee
 Above Five (5)
Hectares
 Landholding is in Bicol P 15,000.00
Peninsula or Visayas
Group of Islands
P 20,000.00
Landholding is in the
Mindanao group of Island
 Documentary Requirements

 Official Receipt showing proof of

payment of Inspection Fees
 Sworn Application for CARP
Exemption or Exclusion
 Special Power of Attorney or
 Notarized Secretary’s Certificate
Documentary Requirements

 True
Copy of
OCT/TCT
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

EFFECT OF PROTEST

 Interrupt the running period for

processing application for
exemption, and
 Lift the deadline for approving or
disapproving the application
 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
 Agricultural lands under
What are the Areas NIPAS Mossy and virgin
Non-negotiable forest Riverbanks
for Conversion?
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
 Criteria for Conversion

If CARP Land:

Applicant should be the ARB

5 - year prohibitory period has lapsed

Full payment of obligation

 Where To Secure
Application Forms

• CLUPPI
Center for Land use Policy, Planning
and Implementation

• RCLUPPI

• PARO
Where to File Application for Land
Use Conversion

CLUPPI RCLUPPI

- above 5 - 5 hectares and

hectares below
Filing Fee/Inspection Cost

5 hectares & below

Within same Filing Fee Inspection Fee
island or that of P1,000.00 P10,000.00
the Office of the
DAR Regional
Director

Not within same P15,000.00

island or that of
the Office of the
DAR Regional
Director
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

 JVA 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

List of tenants,
farmworkers, bonafide
Affidavit/ occupants to be
Undertaking of affected by conversion
the applicant payment of or shall pay
stating: disturbance compensation
required billboard has
been erected
 Standard Documentary
Requirements

not to undertake premature

development
Affidavit/
Undertaking of authorizing DAR to forfeit
the applicant bond in case of premature
stating: 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 From LBP

DAR PARO

 Nature of CARP  Full payment of

coverage obligation
 Status of payment
 Date of award of land
 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 Manager’s/
Against Cashier’s 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 Forfeited in favor of
Against ARF in case
Premature
Conversion 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)
 Performance Bond

Cash or manager’s/cashier’s 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
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