Final Handbook

Foreword
A Charter on Agricultural Land, approved in 1991, embodies the Department of

Agriculture's (DA) Land Use Principles and Guidelines. In the interim, strategies to
implement measures on the rational conversion of agricultural lands are being developed
including policies and programs to guide the government, stakeholders and consumers
alike. This handbook serves as reference on the various Republic Acts, Guidelines and
Directives to guide the Department of Agriculture, and its attached agencies. The
procedural guidelines aim to improve the mechanism of issuing Certification of
Eligibility/Non-Eligibility for Reclassification of Agricultural Land or Special Certification
for conversion to other agricultural use and support service.
This publication was made possible through the project “Strengthening and
Mainstreaming the Evaluation Mechanism on Land Use Reclassification (SEMLUR)”, a
three (3) - year project of the Bureau of Soils and Water Management (BSWM) which
commenced in 2018. This project aims to develop a national protocol/guidelines on
evaluation of application for Land Use Reclassification as enunciated by DA
Administrative Orders and other Legal Issuances. It further aims to cascade the guideline
for uniform implementation. As an integral part of continual improvement of the overall
Project framework and implementation, it aims to publish manual-containing guidelines
based on legal basis and other operations involved in the evaluation prior to the issuance
of certificates.
The National Technical Evaluation Committee on Land Use Matters (NTECLUM)

Secretariat provided research, consultation and consolidation of the legal bases of land
use reclassification and conversion of agricultural lands. They also edited, formatted and
proofread this publication. The NTECLUM Secretariat is composed of Ms. Cleotilde M.
Nicolas, Ms. Jovette L. Tenorio, Ms. Janice C. Castro, Ms. Nelita R. De Guzman,
Mr. Jonathan M. Navarro, and Mr. Leandro T. Evangelista together with SEMLUR
technical support, Ms. Rose Ann A. Perez, Ms. Rowena Fatima P. Relativo, Ms. Anna Lyn
M. Arcamo and Ms. Kathrine G. Tan.
ii
Message
The DA, through the BSWM, has been performing

vital tasks and functions guided by several Republic
Acts, Department Administrative Orders,
Memorandum Circulars and other relevant issuances
on reclassification and conversion of agricultural
lands. The said legal bases coupled with technical
expertise encompassed the recommendations and
actions rooted on the protection of agricultural lands,
food security, rational use of resources and
sustainable development.
I earnestly hope that through this publication of legal bases on reclassification and
conversion of agricultural lands, our decision and that of policy makers, planning officers
and stakeholders will be aided with an in-depth and better understanding of the process
of reclassification and conversion of agricultural lands. Henceforth, this document may
serve as reference towards appropriate review and recommendation for the
improvement and strengthening of related legal issuances and attainment of DA’s goal
to ensure a food-secure and resilient Philippines with prosperous farmers and fisherfolk.
Maraming salamat po.
SONIA M. SALGUERO
BSWM Director and
Chairperson, NTECLUM
iii
TABLE OF CONTENTS
Foreword ii
Message iii
Table of Contents iv
Legal Bases on Reclassification and Conversion of Agricultural Lands
• Malacañang Administrative Order No. 20, Series of 1992, “Interim 1

Guidelines On Agricultural Land Use Conversion”
• Malacañang Memorandum Circular No. 54, Series of 1993, “Prescribing 3

The Guidelines Governing Section 20 Of RA 7160 Otherwise Known As
The Local Government Code Of 1991 Authorizing Cities And
Municipalities To Reclassify Agricultural Lands Into Nonagricultural
Uses”
• Malacañang Executive Order No. 124, Series of 1993, “Establishing 7

Priorities And Procedures In Evaluating Areas Proposed For Land
Conversion In Regional Agri-Industrial Centers/Regional Industrial
Centers, Tourism Development Areas And Sites For Socialized Housing”
• Joint Housing and Land Regulatory Board (HLRB), Department of 11
Agrarian Reform (DAR), Department of Agriculture (DA), Department
of Interior and Local Government (DILG) Memorandum Circular, Series
of 1995, “Prescribing The Guidelines To Implement MC 54 [The
Authority Of Cities And Municipalities To Reclassify Lands Within The
Limits Prescribed By Section 20 Of RA 7160 Otherwise Known As The
Local Government Code Of 1991]”
• Republic Act No. 8048 known as the Coconut Preservation Act of 1995, 14
“An Act Providing For The Regulation Of The Cutting Of Coconut Trees,
Its Replenishment, Providing Penalties Therefor And For Other
Purposes”
• Malacañang Administrative Order No. 363, Series of 1997, “Prescribing 17
Guidelines for the Protection of Areas Non-Negotiable for Conversion
and Monitoring Compliance with Section 20 of the Local Government
Code”
• Republic Act No. 8435 known as the Agriculture and Fisheries 25
Modernization Act of 1997, “An Act Prescribing Urgent Related
Measures To Modernize The Agriculture And Fisheries Sectors Of The
Country In Order To Enhance Their Profitability, And Prepare Said
Sectors For The Challenges Of Globalization Through An Adequate,
Focused And Rational Delivery Of Necessary Support Services,
Appropriating Funds Therefor And For Other Purposes”
iv
• DA Administrative Order No. 06, Series of 1998, Implementing Rules 32
and Regulations Pursuant to Republic Act 8435: “An Act Prescribing
Urgent Related Measures To Modernize The Agriculture And Fisheries
Sectors Of The Country In Order To Enhance Their Profitability, And
Prepare Said Sectors For The Challenges Of Globalization Through An
Adequate, Focused And Rational Delivery Of Necessary Support
Services, Appropriating Funds Therefor And For Other Purposes”,
Otherwise Known As “The Agriculture And Fisheries Modernization Act
Of 1997”
• Malacañang Executive Order No. 45, Series of 2001, “Prescribing Time 57

Periods For Issuance Of Housing Related Certifications, Clearances,
And Permits, And Imposing Sanctions For Failure To Observe The
Same”
• DAR Administrative Order No. 01, Series of 2002, “Subject: 2002 60
Comprehensive Rules On Land Use Conversion”
• Republic Act No. 10593 of 2013, “An Act Amending Certain Sections of 68
Republic Act No. 8048, Entitled “An Act Providing for The Regulation of
the Cutting of Coconut Trees, Its Replenishment, Providing Penalties
Therefor, And for Other Purposes”
• Republic Act No. 10659 known as the Sugarcane Industry Development 72

Act of 2015, “An Act Promoting and Supporting the Competitiveness of
the Sugarcane Industry and for Other Purposes”
• Republic Act No. 11234 known as the Energy Virtual One-Stop Shop 74
Act of 2018, “An Act Establishing the Energy Virtual One-Stop Shop for
the Purpose of Streamlining the Permitting Process of Power
Generation, Transmission, And Distribution Projects”
• DAR Administrative Order No. 1, Series of 2019, “Streamlining The 78
Processing Of Applications For Land Use Conversion Under DAR
Administrative Order No. 1, Series of 2002”
• Department of Energy (DOE) Department Circular No. DC2019-05- 81
0007, “Rules and Regulations Implementing Republic Act No. 11234
(Energy Virtual One-Stop Shop Act)”
List of Department of Agriculture Administrative Orders on Reclassification and 84

Conversion of Agricultural Lands
List of other Relevant Issuances on Reclassifications and Conversion of 85

Agricultural Lands
References 86
v
Summary of Contents:
Office of the President

of the Philippines
Malacañang
ADMINISTRATIVE ORDER NO. 20
INTERIM GUIDELINES ON AGRICULTURAL LAND USE CONVERSION
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
(Signed)
FIDEL V. RAMOS
President of the Philippines
By the President:
(Signed)
EDELMIRO A. AMANTE, SR.

Executive Secretary
Introduction:
This Administrative Order (AO) was signed by former President Fidel V. Ramos on
December 7, 1992. It is an interim guideline on agricultural land conversion. The
Department of Agrarian Reform (DAR), the agency tasked to implement the
Comprehensive Agrarian Reform Law (CARL) is authorized by law (Title XI, Book IV E.O.
No. 292, Series of 1987) to approve or disapprove conversion of agricultural lands to
non-agricultural uses such as residential and industrial conversion in accordance with
law. While, Section 20 (a) R.A. No. 7160, otherwise known as the “Local Government
Code (LGC) of 1992”, empowers local government units (LGUs) to reclassify agricultural
lands in cases (1) where the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department of Agriculture or (2) where the
land shall have substantially greater economic value for residential, commercial, or
industrial uses as determined by the Sanggunian concerned. This AO enumerated all
agricultural lands classified not be subject to and non-negotiable for conversion.
1
Pertinent Provisions:
Pertinent provisions of AO No. 20 which defined the role of Department of Agriculture

(DA) in the process of agricultural land conversion:
• “NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of

the powers vested in me by law do hereby direct the observance by all agencies
and LGUs concerned of the following interim guidelines on agricultural land use
conversion:
1. All agricultural lands classified hereunder shall not be subject to and non-
negotiable for conversion:
(a) All irrigated lands 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 Department of Agriculture
(DA) and National Irrigation Administration (NIA); and
(b) All irrigable lands already covered by irrigation projects with firm
funding commitments at the time of the application for land use
conversion.
2. All agricultural lands other than those referred hereunder as non-

negotiable for conversion may be converted only upon strict compliance
with existing laws, rules and regulations.”
2
MALACAÑANG
MANILA
MEMORANDUM CIRCULAR NO. 54
PRESCRIBING THE GUIDELINES GOVERNING SECTION 20 OF RA 7160

OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991 AUTHORIZING CITIES AND MUNICIPALITIES TO
RECLASSIFY AGRICULTURAL LANDS INTO NONAGRICULTURAL USES
Section 1. Scope and Limitations

Section 2. Requirements and procedures for reclassification
Section 3. Review of ordinances reclassifying agricultural lands
Section 4. Use of the comprehensive land use plans and ordinances as primary
reference documents in land use conversions
Section 5. Monitoring and evaluation of land reclassification by LGUs concerned
Section 6. Transitory provision
Section 7. Effectivity
(Signed)
Fidel V. Ramos
By the President:
(Signed)
EDELMIRO A. AMANTE, SR.

Executive Secretary
Introduction:
This Memorandum Circular (MC) was signed by former President Ramos on June 8, 1993.
It aimed to harmonize the provisions of Section 20 of the Local Government Code (LGC)
with those of Executive Order (EO) 129-A (1987), EO 229 (1987), Republic Act (RA)
6657, and other pertinent laws to ensure a more rational and holistic approach to land
use taking into account the objectives of the Comprehensive Agrarian Reform Law
(CARL) and the decentralized framework of local governance. Upon the recommendation
of the Oversight Committee created under Sec. 533 of the LGC, President Ramos ordered
and directed the scope and limitations; requirements and procedures for reclassification;
review of ordinances reclassifying agricultural lands; use of comprehensive land use
plans and ordinances as primary reference documents in land use conversions;
3
monitoring and evaluation of land reclassification by LGUs concerned; transitory
provision and effectivity.
Pertinent provisions of MC No. 54 defining the role of Department of Agriculture (DA) in

the process of reclassification of agricultural lands:
• “Section 1. Scope and Limitations.
(a) Cities and municipalities with comprehensive land use plans reviewed and
approved in accordance with EO 72 (1993), may authorize the
reclassification of agricultural lands into non-agricultural uses and provide
for the manner of their utilization or disposition, subject to the limitations
and other prescribed in this Order.
(b) Agricultural lands may be reclassified in the following cases:
(1) when the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department of Agriculture
(DA), in accordance with the standards and guidelines prescribed for
the purpose; or
(2) where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes as determined by the
sanggunian concerned, the city/municipality concerned should notify
the DA, HLRB, DTI, DOT and other concerned agencies on the
proposed reclassification of agricultural lands furnishing them copies
of the report of the local development council including the draft
ordinance on the matter for their comments, proposals and
recommendations within seven (7) days upon receipt.
(c) However, such reclassification shall be limited to a maximum of the

percentage of the total agricultural land of a city or municipality at the time
of the passage of the ordinance as follows:
(1) For highly urbanized and independent component cities, fifteen

percent (15%);
For component cities and first to third class municipalities, ten percent
(10%); and
For fourth to sixth class municipalities, five percent (5%).
4
(d) In addition, the following types of agricultural lands shall not be covered
by the said reclassification:
(1) Agricultural lands distributed to agrarian reform beneficiaries subject

to Section 65 of RA 6657;
(2) Agricultural lands already issued a notice of coverage or voluntarily

offered for coverage under CARP;
(3) Agricultural lands identified under AO 20, s. of 1992, as non-

negotiable for conversion as follows:
(i) All irrigated lands where water is available to support rice and
other crop production;
(ii) All irrigated lands where water is not available for rice and other
crop production but within areas programmed for irrigation facility
rehabilitation by DA and National Irrigation Administration (NIA);
and
(iii) All irrigable lands already covered by irrigation projects with firm
funding commitments at the time of the application for land
conversion or reclassification.
• “Section 2. Requirements and procedures for reclassification
xxx xxx xxx
(b) Prior to the enactment of an ordinance reclassifying agricultural lands as

provided under Sec. 1 hereof, the sanggunian concerned must first secure
the following certificates from the concerned national government
agencies (NGAs):
(1) A certification from DA indicating –
(i) the total area of existing agricultural lands in the LGU concerned;
(ii) that such lands are not classified as non-negotiable for conversion
or reclassification under AO 20 (1992); and
(iii) that the land ceases to be economically feasible and sound for
agricultural purpose in the case of Sec. 1 (b-1).
xxx xxx xxx
5
(e) Provisions of Sec. 1 (b-2) hereof to the contrary notwithstanding, the
sanggunian concerned shall seek the advice of DA prior to the land
enactment of an ordinance reclassifying agricultural lands. If the DA has
failed to act on such request within thirty (30) days from receipt thereof,
the same shall be deemed to have been complied with. Should the land
subject to reclassification is found to be still economically feasible for
agriculture, the DA shall recommend to the LGU concerned alternative
areas for development purposes.
(f) Upon issuance of the certifications enumerated in Section 2 (b) hereof, the
sangunian concerned may now enact an ordinance authorizing the
reclassification of agricultural lands and providing for the manner of their
utilization or disposition. Such ordinance shall likewise update the
comprehensive land use plans of the LGU concerned.”
xxx xxx xxx
• “Section 5. Monitoring and evaluation of land reclassification by LGUs concerned.
Within six (6) months from the issuance of this Order, the HLRB shall design,
in coordination with DA, DAR, Department of Interior and Local Government
(DILG), NEDA, League of Provinces, League of Cities and League of
Municipalities, and install a monitoring and evaluation system for the
reclassification of agricultural lands authorized by cities and municipalities.
The HLRB shall submit semestral reports to the Office of the President. A coy
thereof shall be furnished the DA, DAR, DILG, NEDA, League of Provinces,
League of Cities, and League of Municipalities.
6
MALACAÑANG
MANILA
EXECUTIVE ORDER NO. 124
ESTABLISHING PRIORITIES AND PROCEDURES IN EVALUATING AREAS

PROPOSED FOR LAND CONVERSION IN REGIONAL AGRI-INDUSTRIAL
CENTERS/REGIONAL INDUSTRIAL CENTERS, TOURISM DEVELOPMENT
AREAS AND SITES FOR SOCIALIZED HOUSING
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Paragraph 9
Paragraph 10
Section 1. Definition of Priority Development Areas Land Conversion
Section 2. Institutional Mechanisms and Procedures for Evaluation of Priority
Development Areas
2.1 Sites in RAICs/RICs and Tourism Development Areas
2.2 Sites for Socialized Housing
Section 3.
Section 4.
Section 5. All other applications for land conversion shall continue to be governed
by existing rules and procedures of the DAR
Section 6. The DAR and NEDA Secretariat shall jointly issue guidelines to
implement this Order
Section 7. This order shall take effect immediately
Done in the City of Manila this 8th day of September in the year of our Lord
nineteen hundred and ninety three.
By the President:
(Signed)
TEOFISTO T. GUINGONA, JR.
Executive Secretary
7
Introduction:
This Executive Order (EO) was signed by Executive Secretary Teofisto T. Guingona, Jr.
on September 8, 1993. Priorities and procedures for evaluating areas for land conversion
are being established for the purpose of preserving prime agricultural lands while at the
same time facilitating the conversion process for priority government projects as
identified in the Medium Term Philippine Development Plan (MTPDP) as well as guiding
developments in various parts of the country.
Pertinent provisions:
Pertinent provisions in EO 124 which defined the role of DA on the priority development
of areas for land conversion:
• “SECTION 1. Definition of Priority Development Areas for Land Conversion.
Priority development areas for land conversion are (a) specific sites in regional
agri-industrial centers/regional industrial centers (RAICs/RICs) identified by the
Department of Trade and Industry (DTI) and the Department of Agriculture
(DA); (b) tourism development areas (TDAs) identified by the Department of
Tourism (DOT) as indicated in the current Medium Term Philippine
Development Plan, and (c) sites identified by the local government units (LGUs)
for socialized housing, which are presently used for agricultural purposes and
which need conversion approval from the Department of Agrarian Reform
(DAR).”
• “SECTION 2. Institutional Mechanisms and Procedures for the Evaluation of

Priority Development Areas.
2.1. Sites in RAICs/RICs and Tourism Development Areas
(a) The Regional Land Use Committees (RLUCs) shall be primarily

responsible for the evaluation of priority development areas for land
conversion as identified by the DTI, DA and DOT. The evaluation shall
be undertaken in close coordination with Local Government Units
(LGUs) concerned. For this purpose, the Regional Development
Councils (RDCs) and the Cordillera Executive Board (CEB) of the
Cordillera Administration Region (CAR) are hereby ordered to
convene their respective RLCUs. The Regional Planning and
8
Development Board (RPDB) of the Autonomous Region in Muslim
Mindanao (ARMM) is likewise ordered to do the same.
(b) The Regional Director of the National Economic and Development

Authority shall serve as Chairman of the RLUC, except in the case of
the ARMM where the Head of the Regional Planning and Development
Office (RPDO) shall serve as the RLUC Chairman. The RLUCs shall
have as members the Regional directors of the Departments of
Agriculture, Agrarian Reform, Environment and Natural Resources,
Interior and Local Governments, Public Works and Highways, Science
and Technology, Transportation and Communications, Trade and
Industry, Tourism, and the Housing and Land Use Regulatory Board.
In addition, it shall have two representatives from non-government
organizations, people’s organizations and the private sector to be
selected by their respective RDC, CEB or RPDB. For this purpose, the
Housing and Urban Development Coordinating Council (HUDCC) shall
be the Co-Chairman. In addition, a Vice-Chairman shall be selected
from among the members of the RLUC.
xxx xxx xxx
(d) The RLUCs and concerned government agencies shall evaluate

whether the priority development areas for land conversion are: i)
non-negotiable for conversion, as provided for in AO 20, s. 1992, as
determined by the Department of Agriculture (DA); and ii) already
distributed subject to Sec. 65 of RA 6657 or covered by a notice of
acquisition or voluntarily offered for coverage under the
Comprehensive Agrarian Reform Program (CARP), as determined by
the DAR. In case a site falls within these areas, alternative industrial
or tourism sites shall be identified by the RLUC in close coordination
with concerned LGU and lead agencies.
xxx xxx xxx
9
2.2 Sites for Socialized Housing
xxx xxx xxx
In highly urbanized and independent component cities, the RLUC shall

review and evaluate sites identified as suitable for socialized housing.
(c) The RLUC/PLUC shall evaluate whether the identified sites for
socialized housing subject for land conversion are: i) non-negotiable for
conversion, as provided for in AO 20 s. 1992, as determined by the DA;
and (ii) already distributed subject to Sec. 65 of RA 6657 or covered by a
notice of acquisition or voluntarily offered for coverage under the CARP,
as determined by the DAR. In case a site falls within these areas,
alternative sites for socialized housing shall be identified by the LGU
concerned.
(d) The RLUC/PLUC shall call upon the concerned CPDO/MPDO or any
government agency, including government owned or controlled
corporations and other government entities, to assist in its work.”
• “SECTION 3. All priority development areas shall form part of the maximum
allowable limits provided under Sec. 20 of RA 7160. Furthermore, in case the
total agricultural land area of a specific site exceeds the maximum allowable
limits as provided for in Sec. 20 of the LGC, as determined by the HLURB in
coordination with the DA and DAR, the NEDA Secretariat shall make the
necessary recommendation of the President.”
• “SECTION 4. The DAR, DA and the NEDA Secretariat, in coordination with

concerned agencies shall conduct an annual review of the mechanism and the
process for evaluation as well as the status of conversion in regional agri-
industrial center/regional industrial centers, tourism development areas, and
sites for socialized housing. If, in the course of said review, the need to utilize
irrigable lands or non-viable irrigated systems for non-agricultural purposes
becomes evident, the Cabinet Cluster on Agri-Industrial Development may
recommend their utilization for non-agricultural purposes, subject to the
conditions agreed upon by the Cluster, and subject further, to final approval by
the President.”
10
JOINT HLRB, DAR, DA, DILG MEMORANDUM CIRCULAR

March 21, 1995
JOINT HLRB, DAR, DA, DILG MEMORANDUM CIRCULAR PRESCRIBING THE

GUIDELINES TO IMPLEMENT MC 54 [THE AUTHORITY OF CITIES AND
MUNICIPALITIES TO RECLASSIFY LANDS WITHIN THE LIMITS PRESCRIBED
BY SECTION 20 OF RA 7160 OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991]
Section 1. Legal Basis

Section 2. Definition of Terms
Section 3. Rationale for Reclassification
Section 4. Scope and Limitations
Section 5. Requirements For Reclassification
Section 6. Procedure for Reclassification
Step 1. Municipal Development Council/City Development Council
Concerned
Step 2. Sangguniang Bayan/Sangguniang Panglungsod Concerned
Step 3. HLRB Regional Office Concerned (One (1) month)
Section 7. Flow Chart
Section 8. Penalty Clause
Section 9. Separability Clause
Section 10. Effectivity Clause
Section 11. Transitory Provisions
(Signed) (Signed)
RAFAEL M. ALUNAN III ERNESTO D. GARILAO
Secretary Secretary
Department of Interior and Department of Agrarian Reform
Local Government
(Signed) (Signed)
ROBERTO D. SEBASTIAN DIONISIO C. DE LA SERNA
Secretary Chairman
Department of Agriculture Housing and Urban Development
Coordinating Council
11
Introduction:
This Joint Memorandum Circular (JMC) was signed by the Secretaries of the Department
of Agriculture (DA), Department of Interior and Local Government (DILG), DAR, and the
Chairman of Housing and Urban Development Coordination Council (HUDCC) on March
21, 1995. It prescribed the Guidelines to implement Malacañang MC No. 54, Series of
1993.This JMC defined the respective roles and responsibilities of each agency in the
reclassification of agricultural lands.
Pertinent provisions of Joint HLRB, DAR, DA, DILG MC which defined the role of DA in
the process of reclassification of agricultural lands:
• “SECTION 5. Requirements For Reclassification
HLRB regional offices shall serve as the coordinating agency for the issuance
of the certification:
5.1 The local government unit (LGU's) through the City Development Council
(CDC) of the Municipal Development Council (MDC) as the case maybe
shall submit to the HLRB the proposal for reclassification together with the
following requirements:
xxx xxx xxx
c. SB/SP resolution proposing reclassification and stating that the locality

has become highly urbanized and the land will have a greater
economic value for residential, commercial or industrial purposes.
xxx xxx xxx
h. DA Certifications (to be processed in one (1) month) [Reclassification

Form “B”].
h.1 Certification from the Department of Agriculture’s Regional Land

Use Technical Working Group and the Regional Director;
h.1.1 the total area of existing agricultural lands in LGU

concerned based on the approved Comprehensive Land
Use Plan/ZO prior to this application for reclassification;
h.1.2 that such lands are not classified as non-negotiable for

conversion or reclassification under AO 20 (1992); or
h.1.3 that the land ceases to be economically feasible and sound

for agricultural purposes (optional if 5.1.c has been
complied with)”
12
• “SECTION 6. Procedures for Reclassification
Step 1. Municipal Development Council/City Development Council Concerned:
xxx xxx xxx
Step 2. Sangguniang Bayan/Sangguniang Panglungsod Concerned:
2.1 Passes a resolution certifying that the locality has become highly
urbanized and the land will have greater economic value for
residential, commercial or industrial purposes.
2.2 Notifies DOT and DTI that a certain number of has. are proposed
for reclassification for tourism or industrial purposes, if applicable.
2.3 Secures required certification from the Regional Offices of the

Department of Agrarian Reform (DAR) which shall issue the same
in a period of one (1) month per agency.
2.3.1 DA certification as per Section 5.1.h and Reclassification

Form B;
2.3.2 DAR certification as per Section i.1; i.2 and Reclassification

Form C;
2.4 Receives favorable endorsement from DA and DAR
2.4.1 Updates Land Use Plan and Zoning Ordinance delineating

actual areas for reclassification as endorsed by both DA
and DAR
2.4.2 Drafts an ordinance authorizing reclassification of subject

lands.
2.4.3 Prepares and submits all requirements (see sec. 5.1.a to j)

to HLRB for review and approval.
N.S. If either DA or DAR does not issue a favorable endorsement for

reclassification, identify, substitute lands favorable to both DA and DAR and/or
limit reclassification to lands without conflict and revises CLUP/ZO indicating
substitute lands and/or delineating lands without conflict.”
13
Republic Act No. 8048
AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF

COCONUT TREES, ITS REPLENISHMENT, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
Section 1. Title
Section 2. Declaration of Policy
Section 4. Prohibition
Section 5. Permit to Cut
Section 6. Authority to Cut
Section 7. Implementing Rules
Section 8. Penalties
Section 10. Repealing Clause
Approved,
(Signed) (Signed)
JOSE DE VENECIA, JR. EDGARDO J. ANGARA
Speaker of the House President of the Senate
of Representatives
This Act, which is a consolidation of Senate Bill No. 1751 and House Bill No.
13527 was finally passed by the Senate and the House of Representatives on June 2,
1995.
(Signed) (Signed)
CAMILO L. SABIO EDGARDO E. TUMANGAN
Secretary General Secretary of the Senate
House of Representatives
Approved: June 7, 1995
(Signed)
FIDEL V. RAMOS
14
Introduction:
This Republic Act (RA) was approved by former President Ramos on June 7, 1995. It
provided the regulation of the cutting of coconut trees as well as the promotion of the
growth of the coconut industry by embarking on a sustainable and efficient replanting
program. The Philippine Coconut Authority (PCA) is the lead agency to implement the
provisions of this Act.
Pertinent provisions of RA No. 8048 which defined the role of DA specifically the PCA in
the regulation on the cutting of coconut trees and conversion of agricultural lands
devoted to coconut production:
• “Section 4. Prohibition – No coconut tree shall be cut except in the following cases
and only after a permit has been issued therefor:
a) When the tree is sixty (60) years old;
b) When the tree is no longer economically productive;
c) When the tree is disease-infected;
d) When the tree is damaged by typhoon or lightning;
e) When the agricultural land devoted to coconut production shall have been
converted in accordance with law into residential, commercial or industrial
areas;
f) When the land devoted to coconut production shall be converted into other
agricultural uses or other agriculture-related activities in pursuance to a
conversion duly applied for by the owner and approved by the proper
authorities: Provided, That no conversion shall be allowed by the PCA until
after it shall have been verified and certified that for a period of at least
(3) years the majority of the coconut trees have become senescent and
economically unproductive or where the coconut farm is not adaptable to
sound management practices on account of geographical location,
topography, drainage, and other conditions rendering the farm
economically unproductive; and
15
g) When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered as

a valid ground for cutting.”
• “Section 5. Permit to Cut. – No coconut tree or trees shall be cut unless a permit
therefore, upon due application being made, has been issued by the PCA pursuant
to Section 6 of this Act.
The applicant shall pay an application fee in the amount of Twenty-five

pesos (P 25.00) for every tree intended to be cut payable to the PCA. Ten pesos
(P 10.00) of the fee shall accrue in favor of the PCA, Ten pesos (P 10.00) in
favor of the municipal government concerned, and Five pesos (P 5.00) in favor
of the barangay unit concerned. The fees shall be used for the PCA’s replanting
program and for the repair and rehabilitation of roads of the respective local
government units which have been damaged by the continuous passage of
heavy vehicles used for transporting coconut lumber.
No permit to cut shall be granted unless the applicant, in coordination with

the PCA and the local government unit concerned, has already planted the
equivalent number of coconut trees applied for to be cut.
Such replantings, however, shall not apply to areas converted into

industrial, commercial or residential sites or land transformed in accordance
with law, into other agricultural purposes.
The PCA, in coordination with the local government unit concerned, shall
regulate and oversee the planting, fertilization and care of the newly planted
coconut trees. For this purpose, it shall be incumbent upon the PCA to conduct,
from time to time, on-the-spot inspections of the sites where the coconut trees
have been planted.
16
MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
ADMINISTRATIVE ORDER NO. 363
PRESCRIBING GUIDELINES FOR THE PROTECTION OF AREAS NON-

NEGOTIABLE FOR CONVERSION AND MONITORING COMPLIANCE WITH
SECTION 20 OF THE LOCAL GOVERNMENT CODE
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Section 1. Declaration of Principles and Governing Policies
A. General Principles
B. Governing Policies
Section 3. Monitoring Compliance with Sec. 20 of RA 7160
Section 4. Penalties and Sanctions
Section 5. Transitory Provisions
(Signed)
FIDEL V. RAMOS
By the President:
(Signed)
RUBEN D. TORRES
Executive Secretary
17
Introduction:
This Administrative Order (AO) was signed by former President Ramos on October 9,
1997, due to the necessity to rationalize the policy of the government in protecting prime
agricultural lands and in providing areas for industry, housing and commerce. The
President was empowered to issue guidelines to Executive Agencies to further define the
roles they are to undertake in pursuing the mandate of their respective agencies and in
accordance with the priorities of the government.
Pertinent provisions of AO No. 363 which defined the role of DA in the protection of
areas non-negotiable for conversion and monitoring compliance with Section 20 of the
Local Government Code:
• “Section 1. Declaration of Principles and Governing Policies
A. General Principles
1. The State shall give priority to the provision for a rational and
sustainable allocation, utilization, management and development of
the country’s land resources.
2. The State shall protect prime agricultural lands for food production
activities, and give highest priority to the completion of the
Comprehensive Agrarian Reform Program (CARP).
3. The State shall ensure food self-sufficiency and food security through
efficient and sustainable use of land resources, consistent with the
principles of sound agricultural development, natural resources
development and agrarian reform.
xxx xxx xxx
B. Governing Policies
1. The following areas shall not be subject to or non-negotiable for

conversion:
a. Protected areas designated under the National Integrated

Protected Areas (NIPAS), including watershed and recharge areas
of aquifers, as determined by the Department of Environment and
Natural Resources (DENR), pursuant to RA 7586 (1992);
b. All irrigated lands, as delineated by the Department of Agriculture

(DA) and/or the National Irrigation Administration (NIA) and
approved by the President, where water is available to support
18
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 DA
and the NIA, pursuant to Presidential Administrative Order 20
(1992); and
c. All irrigable lands already covered by irrigation projects with firm

funding commitments, as delineated by the DA and/or NIA and
approved by the President.
For this purpose, the Network of Protected Areas for Agriculture (as of
1991), as determined by the DA and/or NIA shall serve as guide in
determining non-negotiable areas. The Network may only be revised
upon the approval of the President, upon favorable recommendation
by the Cabinet Cluster on Agro-Industrial Development.
In all cases, applications for conversion involving lands protected from

and non-negotiable for conversion shall not be given due course by
the DAR.
2. The following areas shall be highly restricted from conversion:
a. Lands classified as ‘Highly Restricted from Conversion’ in the

Network of Protected Areas for Agriculture as delineated by the
DA, as follows:
a.1 Irrigable lands not covered by irrigation projects with firm funding
commitments;
a.2 Agro-industrial croplands, or lands presently planted to industrial

crops that support the economic viability of existing agricultural
infrastructure and agro-based enterprises; and
a.3 Highlands, or areas located in elevations of 500 meters or above

and have the potential for growing semi-temperate and usually
high value crops.
b. Lands issued a Notice of Acquisition/Valuation under the agrarian

reform program or subject of a perfected agreement between the
landowner and the beneficiaries under Voluntary Land Transfer
(VLT) or Direct Payment Scheme (DPS) under CARP, as determined
by the DAR; and
c. Areas identified as environmentally critical as determined by the

DENR, pursuant to PD 1586 (1978) and its implementing rules and
regulations;
19
Lands classified as highly restricted from conversion may be converted
only upon compliance with existing laws, rules and regulations. An
additional requirement of the social benefit cost analysis approved by
the DA shall also be required before these lands may be approved for
conversion.
Applications for conversion covering areas under 2 (c) above shall be

subject to the Environmental Impact Assessment (EIA) and/or
Environmental Compliance Certificate (ECC) of the DENR.
3. Conversion of priority areas under Executive Order 124 (1993), as

identified below, falling within the areas highly restricted from
conversion may be allowed and the social benefit cost analysis for
these areas may be waived; PROVIDED that the requirement of an
EIC or ECC shall always be required; PROVIDED FURTHER that in no
case shall conversion be allowed if these sites fall under those
classified as non-negotiable areas:
a. specific sites in regional agri-industrial centers/regional industrial

centers (RAICs/RICs) identified by the Department of Trade and
Industry (DTI) and the Department of Agriculture (DA), attached
as Annex A;
b. tourism development areas (TDAs) identified by the Department

of Tourism (DOT), attached as Annex B; and
c. sites identified by the local government units (LGUs) for socialized

housing.
4. In all cases, farmers or prospective beneficiaries of the agrarian

reform program affected by the conversion shall be paid sufficient
disturbance compensation. In addition, the owners and or developers
of the land shall be encouraged to provide capital which will enable
the affected farmers and other legitimate stakeholders to shift to
another livelihood, skills training, relocation sites, and priority in
employment for them and their children. Investment arrangements
which give affected farmers and other legitimate stakeholders a stake
in the development of the land, such as, but not limited to, joint
ventures and partnerships, shall also be encouraged.
5. No application for reclassification by LGUs shall be given due course

by HLURB without the approved Comprehensive Land Use Plan
approved by the HLURB for provinces, highly urbanized cities,
independent component cities and the cities and municipalities of
Metropolitan Manila, or the Sangguniang Panlalawigan for component
cities and municipalities, after 1 January 1989. The following
20
requirements or certifications from various agencies shall also be
required:
a. Certification from the local HLURB specifying the total area of

zoned agricultural lands in the local government concerned based
on the approved Comprehensive Land Use Plan or Zoning
Ordinance prior to the application for conversion;
b. Certification from the NIA that the area to be reclassified is not

covered under Presidential A.O. 20, s. 1992;
c. Certification from the DAR indicating that such lands are not
distributed or covered by a Notice of Valuation under CARP; and
d. Certification from DENR that the area applied for reclassification

has been classified as alienable and disposable, and is not needed
for forestry purposes in case the area applied for falls within
public lands.
6. No application for conversion shall be given due course by DAR

without the following certifications from various agencies:
a. Certification of the Viability or Non Viability of Agricultural Land

from the DA and that the land is not part of the area identified as
non-negotiable for conversion or a certification as to whether the
land is classified as highly restricted from conversion or not;
b. Certification that the land does not fall under the NIPAS area or
is not classified as environmentally critical from the DENR. For
applications for conversion involving environmentally critical
areas, the DAR may issue an Order of Conversion, subject to the
issuance of an ECC by the DENR.
The DENR, in coordination with the DAR, shall institute an

Environmental Guarantee Fund to ensure environment protection
and to provide government the financial capability to handle
negative impacts of the conversion;
c. Certification from the NIA stating that the area is not covered
under Presidential A.O. 20, S. 1992; and
d. Certification from the HLURB that the land has been reclassified
and that said reclassification is within or outside the maximum
allowable limits set by law.
21
7. In all cases, the decision of the DAR Secretary shall be appealable to
the Office of the President. The President may allow the conversion of
areas considered non-negotiable for conversion only upon the
favorable recommendation of the Cabinet Cluster on Agro-Industrial
Development; PROVIDED that where lands affected are irrigated, the
owner/developer shall be required to replace the areas affected by an
equal area of irrigated lands, whether within or outside the
area/locality being applied for conversion; and PROVIDED FURTHER
that such conversion shall not adversely affect the irrigation system.”
• “Section 3. Monitoring Compliance with Sec. 20 of RA 7160. The implementation

of Sec. 20 of RA 7160 authorizing cities and municipalities to reclassify agricultural
lands into non-agricultural uses shall observe the guidelines set by the Joint
HLURB, DAR, DA and DILG Memorandum Circular, s. 1995, pursuant to M.C. 54,
s. 1993 from the Office of the President.”
• “Section 4. Penalties and Sanctions. The following prohibited acts, defined and
penalized in related laws and administrative issuances, specifically: RA 6657
(Comprehensive Agrarian Reform Law), RA 7586 (National Integrated Protected
Areas System Law), Executive Order 184 (Creation of Socialized Housing One-
Stop Processing Centers), Executive Order 648 (Reorganizing the Human
Settlements Regulatory Commission, now the Housing and Land Use Regulatory
Board), DAR Administrative Order 12 (1994), DAR-DOJ Administrative Order 4
(1993) and 5 (1994), DA Administrative Order 2 (1992), and DENR Administrative
Order 96-37 (1996) shall apply to this Administrative Order:
1. The conversion by any landowner of his agricultural land into non-

agricultural use with the intent to avoid the application of RA 6657 to his
landholdings and to dispossess the tenant farmers of the land tilled by
them;
2. The sale, transfer, conveyance or change of the nature of lands outside of

urban centers and city limits either in whole or in part after the effectivity
of RA 6657;
3. Squatting, mineral exploration, or otherwise illegally occupying any land

inside protected areas;
4. Constructing or maintaining any kind of structure, fence, or enclosures and

conducting any business enterprise without permit inside protected areas;
5. Failure of the developer/proponent to comply with his undertaking or

socialized housing project;
6. Misrepresentation or concealment of material facts in the application for

land use conversion, and any other violations of the rules and regulations
which are material to the grant of the conversion;
22
7. Failure to implement and complete the land development of the area
approved for conversion within the specified time;
8. Knowingly or willfully converting any agricultural land without the approval

of the DAR;
9. Misrepresentation or concealment of material facts for the issuance of the
Certificate of Eligibility for Conversion (CEC) by the DA, or any attempt to
misrepresent or conceal any material fact for the issuance of a CEC;
10. Any project or activity which has been classified as environmentally critical
and/or located in an environmentally critical area established and/or
operating without a valid Environmental Compliance Certificate (ECC) from
the DENR;
11. Projects violating ECC conditions, environmental management plans (EMP)

or rules and regulations pertaining to the environmental impact statement
(EIS) system; and
12. Misrepresentations in EIS/IEE (Initial Environment Examination) or any

other documents submitted by the proponent pursuant to DENR A.O. 96-
37.”
• “Section 5. Transitory Provisions. The pertinent government agencies are hereby

directed to harmonize and amend their procedures and guidelines on land use
and land use conversion based on the principles enunciated herein within sixty
(60) days from the effectivity of this Order.
The following agencies are also mandated to perform the following functions
towards the full implementation of this Order within six (6) months from the
effectivity hereof:
1. The Department of Agriculture shall:
a. Update and revise the Network of Protected Areas for Agriculture, including
the maps, taking into account the provisions of this Order;
b. Identify criteria for certifying that the land has ceased to be economically
sound and suitable for agriculture;
c. Design, in consultation with DAR, DENR, NEDA, HLURB, DTI and DOT, the
social benefit cost analysis which will be used in evaluating lands prior to
the issuance of the CEC; and
23
d. The National Irrigation Administration of the DA shall prepare and update
maps of irrigated and irrigable lands that shall be protected from and non-
negotiable for conversion.
xxx xxx xxx
In the absence of a Presidential Approval of the delineation of irrigated and

irrigable lands non-negotiable for conversion, the DA’s Network of Protected Areas
for Agriculture shall govern.”
24
Republic of the Philippines

Congress of the Philippines
Third Regular Session
AN ACT PRESCRIBING URGENT RELATED MEASURES TO MODERNIZE THE

AGRICULTURE AND FISHERIES SECTORS OF THE COUNTRY IN ORDER TO
ENHANCE THEIR PROFITABILITY, AND PREPARE SAID SECTORS FOR THE
CHALLENGES OF GLOBALIZATION THROUGH AN ADEQUATE, FOCUSED AND
RATIONAL DELIVERY OF NECESSARY SUPPORT SERVICES, APPROPRIATING
FUNDS THEREFORE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
Section 1. Short Title

Section 3. Statement of Objectives
TITLE 1: PRODUCTION AND MARKETING SUPPORT SERVICES
Chapter 1. Strategic Agricultural and Fisheries Development Zones
Section 5. Declaration Policy

Section 6. Network of Areas for Agricultural and Agro-Industrial Development
Section 7. Model Farms
Section 8. Mapping
Section 9. Delineation of Strategic Agriculture and Fisheries Development
Zones
Section 10. Preparation of Land Use and Zoning Ordinance
Section 11. Penalty for Agricultural Inactivity and Premature Conversion
Section 12. Protection of Watershed Area
Chapter 2. Agriculture and Fisheries Modernization Plan
Section 13. Agriculture and Fisheries Modernization Plan (AFMP)

Section 14. Food Security, Poverty Alleviation, Social Equity and Income
Enhancement
Section 15. Global Competitiveness and Sustainability
Section 16. Global Climate Change
25
Section 17. Special Concerns
Section 18. Monitoring and Evaluation
Section 19. Role of Other Agencies
Chapter 3. Credit

Section 21. Phase-out of the Directed Credit Programs (DCPs) and Provision for
the Agro-Industry Modernization Credit and Financing Program
(AMCFP)
Section 22. Coverage
Section 23. Scope of the Agro-Industry Modernization Credit and Financing
Program (AMCFP)
Section 24. Review of the Mandates of Land Bank of the Philippines, Philippine
Crop Insurance Corporation, Guarantee Fund For Small and Medium
Enterprises, Quedan and Rural Credit Guarantee Corporation,
Agricultural Credit Policy Council
Section 25. Rationalization of Credit Guarantee Schemes and Funds
Chapter 4. Irrigation

Section 27. Research and Development
Section 28. Criteria for Selection of Irrigation Development Scheme
Section 29. Simplified Public Bidding
Section 30. National Irrigation Systems (NIS)
Section 31. Communal Irrigation Systems (CIS)
Section 32. Minor Irrigation Schemes
Section 33. Other Irrigation Construction Schemes
Section 34. Guarantee of the National Government
Section 35. Irrigation Service Fees (ISF)
Section 37. Exemption from Election Ban
Chapter 5. Information and Marketing Support Service

Section 40. The Marketing Assistance System
Section 41. National Information Network
Section 42. Information and Marketing Service
Section 43. Initial Set-Up
Section 44. Role of Government Agencies
Section 45. Role of Private Sector
26
Chapter 6. Other Infrastructure
Section 46. Agriculture and Fisheries Infrastructure Support Services

Section 47. Criteria for Prioritization
Section 48. Public Infrastructure Facilities
Section 49. Private Infrastructure Facilities
Section 50. Public Works Act
Section 51. Fishports, Seaports and Airports
Section 52. Farm-to-Market Roads
Section 53. Rural Energy
Section 54. Communication Infrastructure
Section 55. Water Supply System
Section 56. Research and Technology Infrastructure
Section 57. Post-Harvest Facilities
Section 58. Public Market and Abattoirs
Section 59. Agricultural Machinery
Chapter 7. Product Standardization and Consumer Safety

Section 61. Bureau of Agriculture and Fisheries Product Standards
Section 63. Powers and Function
Section 64. Pool of Experts and Advisers
TITLE 2: HUMAN RESOURCE DEVELOPMENT

Section 66. National Agriculture and Fisheries Education System (NAFES)
Section 67. Education Program for Elementary and Secondary Levels
Section 68. Post-Secondary Education Program
Section 69. Network of National Centers of Excellence for Tertiary Education
Section 70. Rationalization Plan
Section 71. Counterpart Funding from LGUs
Section 72. National Integrated Human Resource Development Plan in
Agriculture and Fisheries
Section 73. Output-Oriented Performance Standards
Section 74. Evaluation System
Section 75. Agriculture and Fisheries Board
Section 76. Continuing Agriculture and Fisheries Education Program
Section 77. Scholarship Program
Section 78. Merit System
Section 79. Budgetary Allocation Scheme
27
TITLE 3: RESEARCH DEVELOPMENT AND EXTENSION
Chapter 1. Research and Development

Section 81. The National Research and Development System in Agriculture and
Fisheries
Section 82. Special Concerns in Agriculture and Fisheries Research Services
Section 84. Excellence and Accountability in Research and Development
Section 85. Communication of Research Results and Research-Extension
Linkage
Chapter 2. Extension Services

Section 87. Extension Services
Section 88. Special Concerns in the Delivery of Extension Services
Section 89. The National Extension System for Agriculture and Fisheries
(NESAF)
Section 90. The Role of Local Government Units
Section 91. Role of the Private Sector in Extension
Section 92. The Role of Government Agencies
Section 93. Funding for Extension Activities
Section 94. Excellence and Accountability in Extension
Section 95. Extension Communication Support for LGUs
TITLE 4: RURAL NON-FARM EMPLOYMENT
Chapter 1.

Section 97. Objectives
Chapter 2. The Basic Needs Program
Section 98. Principles

Section 99. Participation of Government Agencies
Chapter 3. Rural Industrialization and Industry Dispersal Program

Section 102. Participating Enterprises
Section 103. Financing
28
Chapter 4. Training of Workers
Section 104. Role of TESDA

Section 105. Role of DENR
Section 106. Role of the Technology and Livelihood Resource Center (TLRC)
Section 107. Special Training Projects for Women
TITLE 5. TRADE AND FISCAL INCENTIVES
Section 108.
Section 109.
Section 110.
GENERAL PROVISIONS
Section 111. Initial Appropriation

Section 112. Continuing Appropriation
Section 113. Implementing Rules and Regulation
Section 114. Congressional Oversight Committee on Agricultural and Fisheries
Modernization
Section 115. Powers and Functions of the Committee
Section 116. Periodic Reports
Section 117. Automatic Review
Approved, December 22, 1997.
Introduction:
This Republic Act (RA) otherwise known as the Agriculture and Fisheries Modernization
Act (AFMA) was approved by former President Ramos on December 22, 1997 to
transform the development of agriculture and fisheries into modernized and technology-
based industry while attaining food security and higher profits. Mandated through this
Act is the identification of the Strategic Agricultural and Fisheries Development Zone
(SAFDZ) within the Network of Protected Areas for Agricultural and Agro-Industrial
Development to ensure that lands are efficiently and sustainability utilized for food and
no-food production and agro-industrialization.
29
Pertinent provisions of RA No. 8435 which defined the role of DA in the conversion of
agricultural lands delineated and included within the SAFDZ as well as the basis for the
creation of DA Administrative Order No. 06, Series of 1998, Implementing Rules and
Regulations pursuant to Republic Act 8435:
• “Sec. 2. Declaration of Policy. – The goals of the national economy are a more
equitable distribution of opportunities, income and wealth; a sustained increase
in the amount of goods and services produced by the nation for the benefit of the
people; and an expanding productivity as the key to raising the quality of life for
all, especially the underprivileged.
xxx xxx xxx
The State shall promote food security, including sufficiency in our staple food,
namely rice and white corn. The production of rice and white corn shall be
optimized to meet our local consumption and shall be given adequate support by
the State.”
• “Sec. 9. Delineation of Strategic Agriculture and Fisheries Development Zones. –

The Department, in consultation with the Department of Agrarian Reform, the
Department of Trade and Industry, the Department of Environment and Natural
Resources, Department of Science and Technology, the concerned LGUs, the
organized farmers and fisherfolk groups, the private sector and communities shall,
without prejudice to the development of identified economic zones and free ports,
establish and delineate, based on sound resource accounting, the SAFDZ within
one (1) year from the effectivity of this Act.
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 so delineated and included within the SAFDZ shall not be
converted for a period of five (5) years from the effectivity of this Act: Provided,
however, That not more than five percent (5%) of the said lands located within
SAFDZ may be converted upon compliance with existing laws, rules, regulations,
executive orders and issuances, and administrative orders relating to land use
conversion: Provided, further, That thereafter: 1) a review of the SAFDZ,
specifically on the productivity of the areas, improvement of the quality of life of
farmers and fisherfolk, and efficiency and effectiveness of the support services
shall be conducted by the Department and the Department of Agrarian Reform,
in coordination with the Congressional Oversight Committee on Agricultural and
Fisheries Modernization; 2) conversion may be allowed, if at all, on a case-to-case
basis subject to existing laws, rules, regulations, executive orders and issuances,
and administrative orders governing land use conversion; and, 3) in case of
conversion, the land owner will pay the Department the amount equivalent to the
government’s investment cost including inflation.”
30
• “Sec. 10. Preparation of Land Use and Zoning Ordinance . – Within one (1) year
from the finalization of the SAFDZ, in very city and municipality, all cities and
municipalities have prepared their respective land use and zoning ordinance
incorporating the SAFDZ, where applicable. Thereafter, all land use plans and
zoning ordinances shall be updated every four (4) years or as often as may be
deemed necessary upon the recommendation of the Housing and Land Use
Regulatory Board (HLURB) and must be completed within the first year of the
term of office of the mayor. If the cities/municipalities fail to comply with the
preparation of zoning and land use plans, the DILG shall impose the penalty as
provided for under Republic Act No. 7160.”
• “Sec. 11. Penalty for Agricultural Inactivity and Premature Conversion . – Any
person or juridical entity who knowingly or deliberately causes any irrigated
agricultural lands seven (7) hectares or larger, whether contiguous or not, within
the protected areas for agricultural development, as specified under Section 6 in
relation to Section 9 of this Act, to lie idle and unproductive for a period exceeding
one (1) year, unless due to force majeure, shall by subject to an idle tax of Three
thousand pesos (P3,000) per hectare per year. In addition, the violator shall be
required to put back such lands to productive agricultural use. Should the
continued agricultural inactivity, unless due to force majeure, exceed a period of
two (2) years, the lands shall be subject to escheat proceedings.
Any person found guilty of premature or illegal conversion shall be penalized withy
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.
In addition, the DAR may impose the following penalties, after determining, in an
administrative proceedings, that violation of this law has been committed:
a) Cancellation or withdrawal of the authorization for land use conversion; and

b) Blacklisting, or automatic disapproval of pending and subsequent conversion
applications that they may file with the DAR.”
31
Department of Agriculture
ADMINISTRATIVE ORDER NUMBER 6
Series of 1998
IMPLEMENTING RULES AND REGULATIONS PURSUANT TO REPUBLIC ACT

8435:
“AN ACT PRESCRIBING URGENT RELATED MEASURES TO MODERNIZE THE
AGRICULTURE AND FISHERIES SECTORS OF THE COUNTRY IN ORDER TO
ENHANCE THEIR PROFITABILITY, AND PREPARE SAID SECTORS FOR THE
CHALLENGES OF GLOBALIZATION THROUGH AN ADEQUATE, FOCUSED AND
RATIONAL DELIVERY OF NECESSARY SUPPORT SERVICES, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES”,
OTHERWISE KNOWN AS
“THE AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997”

Rule 2.1
Section 3. Statement of Objectives
Rule 4.1
Rule 4.1.1
Rule 4.1.2
Rule 4.1.3
Rule 4.1.4
Rule 4.1.5
Rule 4.1.6
Rule 4.1.7
Rule 4.1.8
Rule 4.1.9
Rule 4.1.10
Rule 4.1.11
Rule 4.1.12
Rule 4.1.13
Rule 4.1.14
Rule 4.1.15
Rule 4.1.16
Rule 4.1.17
Rule 4.1.18
Rule 4.1.19
Rule 4.1.20
32
TITLE 1: PRODUCTION AND MARKETING SUPPORT SERVICES
Chapter 1. Strategic Agricultural and Fisheries Development Zones

Section 5. Declaration Policy
Section 6. Network of Areas for Agricultural and Agro-Industrial Development
Rule 6.1
Rule 6.1.1
Rule 6.1.2
Rule 6.1.3
Rule 6.2
Rule 6.2.1
Rule 6.2.2
Rule 6.2.3
Rule 6.2.4
Rule 6.2.5
Rule 6.2.6
Rule 6.2.7
Rule 6.3
Rule 6.4
Rule 6.5
Rule 6.6
Rule 6.7
Rule 6.8
Rule 6.9
Rule 6.10
Rule 6.11
Rule 6.12
Rule 6.13
Section 7. Model Farms
Rule 7.1
Rule 7.2
Rule 7.2.1
Rule 7.2.2
Rule 7.2.3
Rule 7.2.4
Rule 7.2.5
Rule 7.3
Section 8. Mapping
Rule 8.1
Rule 8.2
33
Section 9. Delineation of Strategic Agriculture and Fisheries Development
Zones
Rule 9.1
Rule 9.2
Rule 9.2.1
Rule 9.2.2
Rule 9.2.3
Rule 9.3
Rule 9.4
Rule 9.5
Rule 9.5.1
Rule 9.5.2
Rule 9.5.2.1
Rule 9.5.2.2
Rule 9.5.2.3
Rule 9.5.2.4
Rule 9.5.2.5
Rule 9.5.3
Rule 9.5.4
Rule 9.5.4.1
Rule 9.5.4.2
Rule 9.5.4.3
Rule 9.6
Section 10. Preparation of Land Use and Zoning Ordinance
Rule 10.1
Section 11. Penalty for Agricultural Inactivity and Premature Conversion
Rule 11.1
Rule 11.2
Rule 11.2.1
Rule 11.2.2
Rule 11.2.3
Rule 11.2.4
Rule 11.2.5
Rule 11.2.6
Rule 11.3
Rule 11.4
Rule 11.5
Rule 11.6
Section 12. Protection of Watershed Area
Rule12.1
Rule 12.2
34
Chapter 2. Agriculture and Fisheries Modernization Plan
Section 13. Agriculture and Fisheries Modernization Plan (AFMP)
Rule 13.1
Rule 13.2
Rule 13.3
Rule 13.4
Rule 13.4.1
Rule 13.4.2
Rule 13.4.3
Rule 13.5
Rule 13.6
Rule 13.7
Rule 13.8
Rule 13.9
Rule 13.10
Rule 13.10.1
Rule 13.10.2
Rule 13.10.3
Rule 13.10.4
Rule 13.10.5
Section 14. Food Security, Poverty Alleviation, Social Equity and Income
Enhancement
Rule 14.1
Rule 14.1.1
Rule 14.1.2
Rule 14.2
Section 15. Global Competitiveness and Sustainability
Rule 15.1
Rule 15.2
Rule 15.3
Rule 15.3.1
Rule 15.3.2
Rule 15.3.3
Rule 15.4
Section 16. Global Climate Change
Rule 16.1
Rule 16.1.1
Rule 16.1.2
Rule 16.1.3
Rule 16.1.4
Rule 16.1.5
35
Rule 16.1.6
Rule 16.2
Section 17. Special Concerns
Rule 17.1
Rule 17.2
Rule 18.1
Rule 18.2
Rule 18.3
Rule 18.4
Rule 18.5
Section 19. Role of Other Agencies
Chapter 3. Credit
Rule 20.1
Section 21. Phase-out of the Directed Credit Programs (DCPs) and Provision
for the Agro-Industry Modernization Credit and Financing Program
(AMCFP)
Rule 21.1
Rule 22.1
Section 23. Scope of the Agro-Industry Modernization Credit and Financing
Program (AMCFP)
Rule 23.1
Rule 23.2
Rule 23.2.1
Rule 23.2.2
Rule 23.2.3
Rule 23.2.4
Rule 23.2.5
Rule 23.2.6
Rule 23.2.7
Rule 23.2.8
Rule 23.2.9
Rule 23.2.10
Rule 23.2.11
Section 24. Review of the Mandates of Land Bank of the Philippines, Philippine
Crop Insurance Corporation, Guarantee Fund For Small and
Medium Enterprises, Quedan and Rural Credit Guarantee
Corporation, Agricultural Credit Policy Council
Rule 24.1
Rule 24.2
Rule 24.3
Section 25. Rationalization of Credit Guarantee Schemes and Funds
36
Rule 25.1
Rule 25.2
Rule 25.3
Rule 25.4
Chapter 4. Irrigation
Rule 26.1
Rule 26.2
Rule 26.3
Rule 26.4
Rule 27.1
Rule 27.2
Rule 27.2.1
Rule 27.2.2
Rule 27.2.3
Rule 27.2.4
Rule 27.3
Rule 27.4
Section 28. Criteria for Selection of Irrigation Development Scheme
Rule 28.1
Rule 28.2
Rule 28.2.1
Rule 28.2.2
Rule 28.2.3
Rule 28.2.4
Rule 28.2.5
Rule 28.2.6
Rule 28.2.7
Rule 28.2.8
Rule 28.2.9
Rule 28.2.10
Rule 28.3
Section 29. Simplified Public Bidding
Rule 29.1
Rule 29.2
Rule 29.3
Rule 29.4
Section 30. National Irrigation Systems (NIS)
Rule 30.1
Rule 30.2
Rule 30.3
Rule 30.3.1
Rule 30.3.2
Rule 30.3.3
Rule 30.4
37
Section 31. Communal Irrigation Systems (CIS)
Rule 31.1
Rule 31.2
Rule 31.3
Rule 31.4
Rule 31.5
Section 32. Minor Irrigation Schemes
Rule 32.1
Rule 32.2
Rule 32.3
Rule 32.4
Section 33. Other Irrigation Construction Schemes
Rule 33.1
Section 34. Guarantee of the National Government
Rule 34.1
Section 35. Irrigation Service Fees (ISF)
Rule 35.1
Rule 35.2
Rule 35.2.1
Rule 35.2.2
Rule 35.2.3
Rule 36.1
Rule 36.2
Section 37. Exemption from Election Ban
Rule 37.1
Chapter 5. Information and Marketing Support Service

Section 40. The Marketing Assistance System
Rule 40.1
Rule 40.2
Rule 40.3
Rule 40.4
Rule 40.4.1
Rule 40.4.2
Rule 40.4.3
Rule 40.4.4
Rule 40.4.5
Rule 40.4.6
Rule 40.4.7
Rule 40.5
Rule 40.6
Rule 40.6.1
Rule 40.6.2
Rule 40.6.3
38
Rule 40.6.4
Rule 40.6.5
Rule 40.6.6
Rule 40.6.7
Rule 40.6.8
Rule 40.7
Rule 40.7.1
Rule 40.7.2
Rule 40.7.3
Rule 40.7.4
Rule 40.7.5
Rule 40.7.6
Rule 40.7.7
Rule 40.7.8
Section 41. National Information Network
Rule 41.1
Rule 41.2
Rule 41.3
Rule 41.4
Rule 41.5
Rule 41.6
Rule 41.7
Rule 41.8
Section 42. Information and Marketing Service
Rule 42.1
Rule 42.2
Rule 42.3
Rule 42.4
Section 43. Initial Set-Up
Rule 43.1
Rule 44.1
Rule 44.2
Rule 44.3
Rule 44.4
Rule 44.5
Section 45. Role of Private Sector
Rule 45.1
Chapter 6. Other Infrastructure

Section 46. Agriculture and Fisheries Infrastructure Support Services
Rule 46.1
Rule 46.2
Section 47. Criteria for Prioritization
Rule 47.1
Rule 47.2
Rule 47.3
39
Section 48. Public Infrastructure Facilities
Section 49. Private Infrastructure Facilities
Section 50. Public Works Act
Rule 50.1
Rule 50.1.1
Rule 50.1.2
Rule 50.1.3
Section 51. Fishports, Seaports and Airports
Rule 51.1
Rule 51.2
Rule 51.3
Section 52. Farm-to-Market Roads
Rule 52.1
Section 53. Rural Energy
Rule 53.1
Section 54. Communication Infrastructure
Rule 54.1
Section 55. Water Supply System
Section 56. Research and Technology Infrastructure
Rule 56.1
Section 57. Post-Harvest Facilities
Rule 57.1
Section 58. Public Market and Abattoirs
Rule 58.1
Rule 58.2
Rule 58.3
Section 59. Agricultural Machinery
Rule 59.1
Rule 59.1
Rule 59.3
Rule 59.4
Rule 59.5
Chapter 7. Product Standardization and Consumer Safety

Section 61. Bureau of Agriculture and Fisheries Product Standards
Rule 61.1
Rule 61.2
Rule 61.3
Rule 62.1
Section 63. Powers and Function
Rule 63.1
Rule 63.1.1
Rule 63.1.2
Rule 63.1.3
Rule 63.1.4
40
Rule 63.1.5
Rule 63.1.6
Rule 63.1.7
Rule 63.1.8
Rule 63.1.9
Rule 63.1.10
Rule 63.1.11
Rule 63.1.12
Section 64. Pool of Experts and Advisers
Rule 64.1
Rule 64.2
Rule 64.3
Rule 64.4
TITLE 2: HUMAN RESOURCE DEVELOPMENT

Rule 65.1
Rule 65.2
Rule 65.2.1
Rule 65.2.2
Rule 65.2.3
Section 66. National Agriculture and Fisheries Education System (NAFES)
Rule 66.1
Rule 66.1.1
Rule 66.1.2
Rule 66.1.3
Rule 66.2
Section 67. Education Program for Elementary and Secondary Levels
Rule 67.1
Section 68. Post-Secondary Education Program
Rule 68.1
Section 69. Network of National Centers of Excellence for Tertiary Education
Rule 69.1
Rule 69.2
Rule 69.3
Rule 69.4
Rule 69.5
Rule 69.6
Rule 69.7
Section 70. Rationalization Plan
Rule 70.1
Rule 70.2
Rule 70.2.1
Rule 70.2.2
Rule 70.2.3
Rule 70.2.4
41
Rule 70.2.5
Rule 70.2.6
Rule 70.2.7
Rule 70.2.8
Rule 70.2.9
Section 71. Counterpart Funding from LGUs
Rule 71.1
Section 72. National Integrated Human Resource Development Plan in
Agriculture and Fisheries
Rule 72.1
Rule 72.1.1
Rule 72.1.2
Rule 72.2
Rule 72.3
Rule 72.4
Rule 72.5
Section 73. Output-Oriented Performance Standards
Rule 73.1
Rule 73.2
Rule 73.3
Section 74. Evaluation System
Rule 74.1
Rule 74.2
Rule 74.2.1
Rule 74.2.2
Rule 74.2.3
Rule 74.2.4
Section 75. Agriculture and Fisheries Board
Rule 75.1
Rule 75.2
Rule 75.3
Rule 75.4
Rule 75.5
Section 76. Continuing Agriculture and Fisheries Education Program
Rule 76.1
Rule 76.2
Rule 76.3
Rule 76.4
Rule 76.5
Section 77. Scholarship Program
Rule 77.1
Rule 77.2
Rule 77.3
Rule 77.4
Rule 77.4.1
Rule 77.4.2
Rule 77.4.3
42
Rule 77.5
Section 78. Merit System
Rule 78.1
Rule 78.2
Section 79. Budgetary Allocation Scheme
TITLE 3: RESEARCH DEVELOPMENT AND EXTENSION
Chapter 1. Research and Development

Rule 80.1
Section 81. The National Research and Development System in Agriculture
and Fisheries
Rule 81.1
Rule 81.2
Rule 81.2.1
Rule 81.2.2
Rule 81.2.3
Rule 81.3
Rule 81.4
Rule 81.4.1
Rule 81.4.2
Rule 81.4.3
Rule 81.5
Rule 81.6
Rule 81.7
Rule 81.8
Rule 81.8.1
Rule 81.8.2
Rule 81.8.3
Rule 81.8.4
Rule 81.8.5
Rule 81.8.6
Rule 81.8.7
Rule 81.9
Rule 81.9.1
Rule 81.9.2
Rule 81.9.3
Rule 81.9.4
Rule 81.9.5
Rule 81.9.6
Rule 81.9.7
Rule 81.9.8
Rule 81.10
Rule 81.10.1
Rule 81.10.2
Rule 81.10.3
43
Rule 81.10.4
Rule 81.10.5
Rule 81.10.6
Rule 81.11
Rule 81.11.1
Rule 81.11.2
Rule 81.11.3
Rule 81.11.4
Rule 81.11.5
Rule 81.11.6
Rule 81.11.7
Rule 81.11.8
Rule 81.11.9
Rule 81.11.10
Rule 81.12
Rule 81.13
Rule 81.13.1
Rule 81.13.2
Rule 81.13.3
Rule 81.13.4
Rule 81.14
Rule 81.14.1
Rule 81.14.2
Rule 81.14.3
Rule 81.15
Rule 81.15.1
Rule 81.15.2
Rule 81.15.3
Rule 81.15.4
Rule 81.15.5
Rule 81.16
Rule 81.16.1
Rule 81.16.2
Rule 81.16.3
Rule 81.16.4
Rule 81.17
Rule 81.17.1
Rule 81.17.2
Rule 81.17.3
Rule 81.17.4
Rule 81.18
Rule 81.18.1
Rule 81.18.2
Rule 81.18.3
Rule 81.18.4
Rule 81.19
Rule 81.19.1
44
Rule 81.19.2
Rule 81.19.3
Rule 81.19.4
Rule 81.19.5

Rule 82.1
Rule 82.2
Rule 82.3
Rule 82.4
Rule 82.4.1
Rule 82.4.2
Rule 82.4.3
Rule 82.5
Rule 83.1
Rule 83.1.1
Rule 83.1.2
Rule 83.1.3
Rule 83.1.4
Rule 83.2
Rule 83.3
Rule 83.4
Rule 83.5
Rule 83.6
Rule 83.6.1
Rule 83.6.2
Rule 83.7
Rule 83.8
Section 84. Excellence and Accountability in Research and Development
Rule 84.1
Section 85. Communication of Research Results and Research-Extension
Linkage
Rule 85.1
Chapter 2. Extension Services

Section 88. Special Concerns in the Delivery of Extension Services
Rule 88.1
Rule 88.2
Rule 88.3
Rule 88.3.1
Rule 88.3.2
Rule 88.3.3
Rule 88.4
45
Section 89. The National Extension System for Agriculture and Fisheries
(NESAF)
Section 90. The Role of Local Government Units
Rule 90.1
Rule 90.2
Rule 90.3
Rule 90.3.1
Rule 90.3.2
Rule 90.3.3
Rule 90.3.4
Rule 90.4
Rule 90.5
Rule 90.6
Rule 90.7
Rule 90.7.1
Rule 90.7.2
Rule 90.7.3
Rule 90.8
Rule 90.8.1
Rule 90.8.2
Rule 90.8.3
Rule 90.8.4
Rule 90.8.5
Rule 90.9
Rule 90.9.1
Rule 90.9.2
Rule 90.9.3
Rule 90.9.4
Section 91. Role of the Private Sector in Extension
Rule 91.1
Rule 91.2
Rule 91.3
Rule 91.4
Section 92. The Role of Government Agencies
Rule 92.1
Rule 92.2
Rule 92.2.1
Rule 92.2.2
Rule 92.3
Rule 92.3.1
Rule 92.3.2
Rule 92.4
Rule 92.4.1
Rule 92.4.2
Rule 92.4.3
Section 93. Funding for Extension Activities
Rule 93.1
46
Rule 93.2
Section 94. Excellence and Accountability in Extension
Rule 94.1
Section 95. Extension Communication Support for LGUs
Rule 95.1
Rule 95.2
TITLE 4: RURAL NON-FARM EMPLOYMENT
Chapter 1.
Section 97. Objectives
Rule 97.1
Rule 97.2
Chapter 2. The Basic Needs Program

Rule 98.1
Rule 98.2
Rule 98.3
Rule 98.3.1
Rule 98.3.2
Rule 98.3.3
Rule 98.3.4
Rule 98.3.5
Section 99. Participation of Government Agencies
Rule 99.1
Rule 99.2
Chapter 3. Rural Industrialization and Industry Dispersal Program

Rule 101.1
Rule 101.1.1
Rule 101.1.2
Rule 101.1.3
Rule 101.1.4
Rule 101.1.5
Rule 101.1.6
Section 102. Participating Enterprises
Rule 102.1
Section 103. Financing
Chapter 4. Training of Workers

Section 104. Role of TESDA
Rule 104.1
Section 105. Role of DENR
47
Rule 105.1
Section 106. Role of the Technology and Livelihood Resource Center (TLRC)
Rule 106.1
Section 107. Special Training Projects for Women
Rule 107.1
TITLE 5. TRADE AND FISCAL INCENTIVES

Section 108.
Section 109.
Rule 109.1
Section 110.
GENERAL PROVISIONS
Section 111. Initial Appropriation
Rule 111.1
Rule 111.2
Rule 111.3
Rule 111.4
Rule 111.5
Rule 111.5.1
Rule 111.5.2
Rule 111.5.3
Rule 111.5.4
Rule 111.5.5
Rule 111.5.6
Rule 111.5.7
Rule 111.5.8
Rule 111.5.9
Rule 111.5.10
Rule 111.5.11
Rule 111.5.12
Rule 111.6
Rule 111.7
Rule 111.7.1
Rule 111.7.2
Rule 111.7.3
Rule 111.7.4
Section 112. Continuing Appropriation
Rule 112.1
Rule 112.2
Rule 112.3
Rule 112.4
Rule 112.5
Rule 112.6
Rule 112.7
Rule 112.8
Rule 112.9
48
Rule 112.10
Rule 112.11
Rule 112.12
Rule 112.13
Rule 112.14
Rule 112.15
Rule 112.16
Rule 112.17
Section 113. Implementing Rules and Regulation
Rule 113.1
Rule 113.2
Rule 113.3
Rule 113.4
Rule 113.4.1
Rule 113.4.2
Rule 113.4.3
Rule 113.4.4
Rule 113.4.5
Rule 113.4.6
Rule 113.4.7
Rule 113.4.8
Rule 113.5
Rule 113.5.1
Rule 113.5.2
Rule 113.5.3
Rule 113.5.4
Rule 113.6
Section 114. Congressional Oversight Committee on Agricultural and Fisheries
Modernization
Section 115. Powers and Functions of the Committee
Rule 115.1
Rule 115.2
Rule 115.3
Rule 115.3.1
Rule 115.3.2
Rule 115.3.3
Rule 115.3.4
Rule 115.3.5
Rule 115.3.6
Section 116. Periodic Reports
Section 117. Automatic Review
Rule 117.1
Rule 118.1
Rule 118.2
49
Approved.
(Signed)
William D. Dar
Acting Secretary of Agriculture
July 10, 1998
Introduction:
This Administrative Order (AO) was signed by Acting Secretary of Agriculture William D.
Dar on July 10, 1998 and known as the Implementing Rules and Regulations (IRR)
Pursuant to Republic Act No. 8435. These IRR served as guide to the DA, and all
concerned departments, offices, agencies and stakeholders, in the implementation of RA
No. 8435. It was issued pursuant to the policies declared under RA No. 8435 and
consistent with its objectives.
Pertinent provisions in the IRR of RA No. 8435 which specified the role of DA in the
conversion of agricultural lands delineated and covered under the SAFDZ:
• “Section 9. Delineation of Strategic Agriculture and Fisheries Development Zones.

– The Department, in coordination with the Department of Agrarian Reform, the
Department of Trade and Industry, the Department of Environment and Natural
Resources, the Department of Science and Technology, the concerned LGUs, the
organized farmers and fisherfolk groups, the private sector and communities shall,
without prejudice to the development of identified economic zones and free ports,
establish and delineate, based on sound resource accounting, the SAFDZ within
one (1) year from the effectivity of this Act.
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 so delineated and included within the SAFDZ shall not be
converted for a period of five (5) years from the effectivity of this Act. Provided,
however, that not more than five percent (5%) of the said lands located within
the SAFDZ may be converted upon compliance with existing laws, rules,
regulations, executive orders and issuances, and administrative orders relating to
land use conversion: Provided, further, That thereafter: 1) a review of the SAFDZ,
specifically on the productivity of the areas, improvement of the quality of life of
farmers and fisherfolk, and efficiency and effectiveness of the support services
shall be conducted by the Department and the Department of Agarian Reform, in
coordination with the Congressional Oversight Committee on Agriculture and
Fisheries Modernization; 2) conversion may be allowed, if at all, on a case-to-case
basis subject to existing laws, rules, regulations, executive orders and issuances,
administrative orders governing land use conversion; and, 3) in case of
50
conversion, the land owner will pay the Department the amount equivalent to the
government’s investment cost including inflation.
Rule 9.1. The effects of agriculture and fisheries activities on natural

resources and the ecosystem in general will be explicitly considered
in the delineation of the SAFDZ and in the formulation of the
integrated SAFDZ development plans.
Rule 9.2. The Department shall participate in the Philippine Economic

Environmental and Natural Resources Accounting (PEENRA)
system. Specifically, participation will involve:
Rule 9.2.1. The BAS in the collection and periodic reporting of

environmental and natural resource accounting data;
Rule 9.2.2. The NIN incorporating the results and data arising
from the PEENRA system; and
Rule 9.2.3. The formulation and enactment of policy instruments

influencing natural resource exploitation, including
command and control instruments, economic
measures and combination thereof.
Rule 9.3. The DENR shall provide training and technical assistance to the
Department in ENRA activities.
Rule 9.4. The conversion of use from agricultural to non-agriculture of lands

covered under the SAFDZ as set in the AO establishing the SAFDZ
shall be limited per Sections 9 and 12, in addition to any existing
rules, regulations and procedures regarding applications for land
use conversion and the protection of watershed areas, including RA
6657 or the CARL and Presidential Administrative Orders (PAO) 20
and 363, and Section 20 of the Local Government Code (LGC) and
other Presidential issuances.
Rule 9.5. All irrigated land, irrigable land already covered by irrigation projects
with firm funding commitments, potentially irrigable land and lands
with existing or having the potential for growing high-value crops
included within the SAFDZ shall not be converted to non-agricultural
use over the period beginning February 10, 1998 to February 9,
2003. Provided, conversion may be allowed, except for areas
identified as watersheds per Section 12, under the following
conditions:
51
Rule 9.5.1. The maximum of 5% of the total area covered by the
conversion moratorium within the SAFDZ which may
be eligible for conversion to non-agricultural use shall
be limited by any existing rules, regulations and
procedures regarding applications for land use
conversion and the protection of watershed areas,
including RA 6657 and PAOs 20 and 363, Section 20
of the LGC, and other Presidential issuances,
Rule 9.5.2. The maximum of 5% equivalent to the total area of

land determined to be eligible for conversion to non-
agricultural use shall be jointly determined by the
Department and the DAR, upon the recommendation
of the Regional and National SAFDZ Committees.
Provided that:
Rule 9.5.2.1. 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,
Rule 9.5.2.2 the area to be converted in use is not

the only remaining food production
area of the community,
Rule 9.5.2.3. the land use conversion shall not

hamper the availability of irrigation to
nearby farmlands,
Rule 9.5.2.4. the areas with low productivity will be

accorded priority for use conversion,
and
Rule 9.5.2.5. sufficient disturbance compensation

shall be given to the farmers whose
livelihoods are negatively affected by
the land use conversion as provided
for by existing laws and regulations.
52
Rule 9.5.3. the monitoring and evaluation (M&E) of the SAFDZ
approach to be operationalized by the Department in
coordination with the DAR, the COCAFM and other
stakeholders shall periodically assess the efficiency
and effectiveness of the SAFDZ approach in terms of
the welfare of the beneficiaries and communities
within the SAFDZ, and
Rule 9.5.4. that in case of approved conversion of land to non-

agricultural use, the registered landowner will 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 use
conversion of. Provided that:
Rule 9.5.4.1. 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 since the
beginning of investment up to the
month of approval of conversion;
Rule 9.5.4.2. 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
reviewed by the Provincial Assessor;
and
Rule 9.5.4.3. the payment by 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.
53
Rule 9.6. Agricultural land located outside the SAFDZs may be converted
upon compliance with existing laws, rules, rules, regulations,
executive and administrative orders and other issuances relating to
land use conversion and sustainability of agriculture and fisheries
production particularly in those areas determined by the
Department to be part of the NPAAAD.”
• “Section 10. Preparation of Land Use and Zoning Ordinance. – Within one (1) year
from the finalization of the SAFDZ, in very city and municipality, all cities and
municipalities have prepared their respective land use and zoning ordinance
incorporating the SAFDZ, where applicable. Thereafter, all land use plans and
zoning ordinances shall be updated every four (4) years or as often as may be
deemed necessary upon the recommendation of the Housing and Land Use
Regulatory Board and must be completed within the first year of the term of office
of the mayor. If the cities/municipalities fail to comply with the preparation of
zoning and land use plans, the DILG shall impose the penalty as provided for
under Republic Act No. 7160.
Rule 10.1. The Housing and Land Use Regulatory Board (HLURB), using maps
and information and obtained from and/or provided by the BSWM,
and in coordination with the DILG, will issue guidelines to LGUs
regarding the incorporation of the SAFDZ in the enactment and
updating of LGU land use and zoning plans and ordinances. The
guidelines will be issued by the HLURB on or before December 30,
1998. Thereafter, the guidelines shall be updated by the HLURB
through participatory processes at least once every four (4) years.”
• “Section 11. Penalty for Agricultural Inactivity and Premature Conversion. – Any
person or juridical entity who knowingly or deliberately causes any irrigated
agricultural lands seven (7) hectares or larger, whether contiguous or not, within
the protected areas for agricultural development, as specified under Section 6 in
relation to Section 9 of this Act, to lie idle and unproductive for a period exceeding
one (1) year, unless due to force majeure, shall by subject to an idle tax of Three
thousand pesos (P3,000) per hectare per year. In addition, the violator shall be
required to put back such lands to productive agricultural use. Should the
continued agricultural inactivity, unless due to force majeure, exceed a period of
two (2) years, the lands shall be subject to escheat proceedings.
Any person found guilty of premature or illegal conversion shall be penalized withy
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
54
of the court, and an accessory penalty of forfeiture of the land and any
improvement thereon.
In addition, the DAR may impose the following penalties, after determining, in an
administrative proceedings, that violation of this law has been committed:
c) Cancellation or withdrawal of the authorization for land use conversion; and

d) Blacklisting, or automatic disapproval of pending and subsequent conversion
applications that they may file with the DAR.
Rule 11.1. The farming and fishery areas and farmlands referred to as “within
the protected areas for agricultural development” include all areas
listed in the AOs on the NPAAAD and the SAFDZ.
Rule 11.2. The determination of the condition of “agricultural activity” of an

area, or the “…productive agricultural use” of an area previously
determined to be idle and unproductive shall be through the
following process:
Rule 11.2.1. The Municipal Agriculturist (MA) shall monitor

agricultural land use activities within the municipality
as a regular function. Through the MA’s individual
initiative, or in response to a request, for investigation
from any concerned individual or farmers’ or
fisherfolk’s group, the MA shall send a written notice
to the concerned landowner or lessee to attend a
hearing concerning the allegation of inactivity of the
latter’s area;
Rule 11.2.2. Within thirty (30) days after the first notice of hearing
was received by the concerned landowner or lessee,
the MA shall render a report and a ruling;
Rule 11.2.3. The landowner or lessee may appeal the findings of

the MA to the Provincial Agriculturist (PA) within ten
(10) days upon receipt of the decision of the MA,
otherwise, the same shall become final and a
certification of inactivity for the said land shall be
forwarded to the Municipal Treasurer for the
imposition of the idle land tax, and to the landowner
for the return of the farmland to productive use;
Rule 11.2.4. Appeals received by the PA shall be resolved within

fifteen (15) days upon filing of the appeal at the office
of the PA;
55
Rule 11.2.5. The landowner or lessee may appeal the decision of
the PA to the Regional Director of the Department
within ten (10) days from the receipt thereof. The
Regional Director shall resolve the appeal within
fifteen (15) days after filling of the appeal;
Rule 11.2.6. Appeal against the decision of the Regional Director

shall be made within ten (10) days from the receipt
thereof to the Secretary, who shall resolve the appeal
within fifteen (15) days upon receipt. Appeal from the
decision of the Secretary shall be made to the
appropriate Court in accordance with the New Rules
of Court.
Rule 11.3. The idle land tax due arising from a determination of an area being
in the state of “inactivity” shall be paid by the registered owner of
the farmland concerned to the Treasurer of the Philippines, through
the Municipal Treasurer of the concerned Municipality.
Rule 11.4. Escheat proceedings due to the continued inactivity referred to in

Section 11 may be initiated by the municipality or city where the
land is situated or by the Department of the DAR, through the
assistance of the Solicitor General. After the administrative
determination based on the preceding section recommending the
institution of escheat proceedings, the same shall be instituted in
the proper court in accordance with the New Rules of Court.
Rule 11.5. The DAR shall issue guidelines on the investigation and filing of
charges relative to the premature use conversion of agricultural
land. The guidelines shall be issued on or before August 30, 1998.
Rule 11.6. Violators of the law against premature conversion of land use may
also be penalized through blacklisting, or automatic disapproval of
applications for conversion, including any future applications.”
56
MALACAÑANG
MANILA
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
Section 1. Guidelines to Fast-track Housing Projects

Section 2. Simultaneous Processing of Applications
Section 3. Regional One-Stop Offices and Designation of Responsible Officers
Section 4. Processing of Applications
Section 5. Affidavit in Lieu of Certification, Clearance, or Permit
Section 6. Time Periods
a. Housing and Land Use Regulatory Board (HLURB)

b. Department of Agrarian Reform
(1) Municipal Agrarian Reform
(2) Center on Land Use Planning and Policy (CLUPP 1) or
Regional CLUPP 1
c. Department of Environmental and Natural Resources (DENR)
(1) Mines and Geosciences Bureau (MGB)
(2) Laguna Lake Development Authority (LLDA)
d. Department of Agriculture (DA)
(1) National Irrigation Authority (NIA)
(2) Philippine Coconut Authority (PCA)
(3) Sugar Regulatory Administration (SRA)
e. Local Government Units
Section 7. Sanctions
Section 8. Implementing Rules and Regulations
Section 9. Pending Applications
Section 10. Proposed Legislation
57
(Signed)
GLORIA MACAPAGAL-ARROYO
By the President:
(Signed)
ALBERTO G. ROMULO
Executive Secretary
Introduction:
This Executive Order (EO) was signed by former President Gloria Macapagal-Arroyo on
October 24 2001. This was in response to the urgent housing needs of the Filipino
people, the government was committed to provide housing services, decent housing for
less fortunate and create jobs. The Housing and Urban Development Coordinating
Council (HUDCC), the Department of Agrarian Reform (DAR), the Department of
Environment and Natural Resources (DENR), and the Department of Agriculture (DA)
have jointly proposed guidelines to fast-track the approval and implementation of
housing projects and have certified to the feasibility of the same.
Pertinent provisions of EO No. 45 prescribing the time period of the DA, its concerned
attached agencies (Philippine Coconut Authority and Sugar Regulatory Administration)
and the National Irrigation Administration in issuing the Certificate of Eligibility for
Reclassification of Agricultural Lands and Clearance Certifications as well as the basis for
the creation of DA Administrative Order No. 02, Series of 2002:
• “WHEREAS, the Housing and Urban Development Coordinating Council; The

Department of Agrarian Reform, the Department of Environment and Natural
Resources, and the Department of Agriculture have jointly proposed guidelines to
fast-track the approval and implementation of housing projects and have certified
to the feasibility of the same;”
• “SECTION 6. Time Periods. – The local government unit concerned and each
of the officers and agencies listed below shall dispose of an application for
housing-related certification, clearance or permit within the periods prescribed
below:
XXX XXX XXX
58
d. Department of Agriculture (DA)
- The DA Secretary or Regional Director for applications for Certification of

Eligibility for Reclassification for Agricultural Land stating, among others, that
the project area is not covered by Strategic Agricultural and Fisheries
Development Zone (SAFDZ) and/or Network of Protected Areas for Agricultural
and Agro-Industrial Development (NPAAAD): Thirty (30) days from receipt of
complete application, including Clearance Certifications from NIA and PCA or
SRA, where required.
(1) National Irrigation Authority (NIA)
- The NIA Regional Manager for applications for Irrigation Clearance

Certification: Fifteen (15) days from the receipt of complete application.
(2) Philippine Coconut Authority (PCA)
- The PCA Administrator for application PCA Clearance Certification: Fifteen

(15) days from receipt of complete application.
(3) Sugar Regulatory Administration (SRA)
- The SRA Administrator for applications for SRA Clearance Certification:

Fifteen (15) days from receipt of complete application.”
• “SECTION 8. Implementing Rules and Regulations. – Within thirty (30)

days from issuance of this Executive Order, the Chairman of Housing and Urban
Development Coordinating Council and the Secretaries of the Department of
Agrarian Reform, the Department of Environment and Natural Resources, and the
Department of Agriculture shall issue the rules and regulations for the effective
implementation of this Executive order and the fast-tracking of the approval and
implementation of housing project.”
59

DEPARTMENT OF AGRARIAN REFORM
DAR Administrative Order No. 01

Series of 2002
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 PROVISION
Section 1. Statement of Policies

ARTICLE II: COVERAGE
Section 3. Applicability of Rules

Section 4. Areas Non-Negotiable for Conversion
Section 5. Areas Highly Restricted from Conversion
Section 6. Priority Development Areas and Projects
Section 7. Lands within SAFDZ
ARTICLE III: PROCEDURES
Section 8. Criteria for Conversion

Section 9. Who May Apply for Conversion
Section 10. Documentary Requirements
Section 11. Public Notice
Section 12. Where to file application and Approving Authority
Section 13. Filling Fee and Inspection Cost
13.1 Filing Fee
13.2 Inspection Cost
Section 14. MARO Certification
Section 15. Ocular Inspection
Section 16. Protest
60
Section 17. Where to file
Section 18. Examination of Records
Section 19. Resolution of Protest
Section 20. Grounds for Protest/Denial of Conversion
Section 21. Processing of Applications
Section 22. Processing of Applications Involving Priority Development Areas
and Projects
Section 23. Bond
Section 24. Bond To Guarantee Against Premature Conversion
Section 25. Convertibility of Bond
Section 26. Performance Bond
Section 27. Reimbursement for Government Investment
Section 28. Disturbance Compensation
ARTICLE IV: CONVERSION TO HOMELOT
Section 29. Criteria

Section 30. Documentary Requirements
Section 31. Procedure
ARTICLE V: ISSUANCE OF CONVERSION ORDER AND ITS EFFECTS
Section 32. Issuance of Order

Section 33. Conditions of Conversion Order
Section 34. Effects of approval of conversion
Section 35. Distribution of copy of Conversion Order
ARTICLE VI: MOTION FOR RECONSIDERATION
Section 36. Motion for Reconsideration
ARTICLE VII: APPEALS
Section 37. Who May Appeal

Section 38. When to Appeal
Section 39. Where to file an Appeal
Section 40. Appeal by a Pauper Litigant
Section 41. Appeal Pleadings
Section 42. Perfection of Appeal
Section 43. DAR Representation on Appeal
Section 44. Execution Pending Appeal
ARTICLE VIII: REVOCATION OR WITHDRAWAL OF CONVERSION ORDERS

Section 46. Filing of Petition
Section 47. Grounds
61
Section 48. General Procedure
Section 49. Effect of Revocation or Withdrawal of Conversion Order
ARTICLE IX: MONITORING OF LAND USE CONVERSION
Section 50. Responsibility for Monitoring Illegal Conversion

Section 51. Compliance Monitoring
ARTICLE X: INVESTIGATION AND PROSECUTION
Section 52. Prohibited Acts and Omissions

Section 53. Who May be Held Liable
Section 54. Investigating Officials
Section 55. Duties of Provincial/City Task Forces on Illegal Conversion
Section 56. Evidentiary Requirements
Section 57. Administrative Action
Section 58. Institution of Criminal Action
Section 59. Prosecution of Illegal Conversion Cases
Section 60. Role of National Task Force on Illegal Conversion
ARTICLE XI: PENALTIES AND SANCTIONS
Section 61. Administrative Sanctions

Section 62. Administrative Sanctions against DAR officials or employees
Section 63. Criminal Penalties
ARTICLE XII: TRANSITORY AND FINAL PROVISIONS
Section 64. Effect of Pending Applications

Diliman, Quezon City, 28 February 2002.
(Signed)
HERNANI A. BRAGANZA
Secretary
62
Introduction:
This Administrative Order (AO) was signed by DAR Secretary, Hernani A. Braganza on
February 28, 2002. It promulgated the Rules to provide effective means of evaluating
applications for land use conversion pursuant to Sections 65 and 49 of Republic Act (RA)
No. 6657 (Comprehensive Agrarian Reform Law of 1998), Sections 4 (j) and 5 (1) 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].
Pertinent provisions of DAR AO No. 01, Series of 2002 which enumerated the agricultural
lands covered under the Rules, including the Areas Non-Negotiable for Conversion, Areas
Highly Restricted from Conversion and Lands within the Strategic Agriculture and
Fisheries Development Zone (SAFDZ). Furthermore, it specified the required Certification
from the authorized DA official as one of the Documentary Requirements for applications
for land use conversion:
• “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 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;
63
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
64
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).”
• “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 of RA 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.”
• “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.
65
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 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:
xxx xxx xxx
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
66
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.”
67

Metro Manila
Fifteenth Congress
AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8048,

ENTITLED “AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF
COCONUT TREES, ITS REPLENISHMENT, PROVIDING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES”

Congress assembled:
SECTION 1: Section 4 of Republic Act. No. 8084, also known as the “Coconut
Preservation Act of 1995”, is hereby amended
Sec. 4. Prohibition
SECTION 2: Section 5 of the Republic Act No. 8084 is hereby amended

Sec 5. Permit to Cut
SECTION 3: A new Section 7 is hereby inserted after Section 6 of this ACT

Sec. 7. Police Powers
SECTION 4: Section 7 of Republic Act No. 8084, hereby renumbered as Section 8, is

hereby amended
Sec. 8. Implementing Rules
SECTION 5: Section 8 of Republic Act No. 8084, hereby renumbered as Section 9, is

hereby amended
Sec. 9. Penalties
SECTION 6: The succeeding sections are hereby renumbered accordingly

SECTION 7: Separability Clause
SECTION 8: Repealing Clause
SECTION 9: Effectivity Clause
68
Approved,
(Signed) (Signed)
JUAN PONCE ENRILE FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representative
This Act which is a consolidation of Senate Bill No. 3366 and House Bill No. 6131 was
passed by the Senate and the House of Representative on January 28, 2013 and
January 30, 2013, respectively.
(Signed) (Signed)
EDWIN B. BELLEN MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General House of
Representatives
Approved: May 29 2013
(Signed)
BENIGNO S. AQUINO III

Introduction:
This Republic Act (RA) was approved by former President Benigno S. Aquino III on May
29, 2013 which amends certain sections of R.A. 8048. The amendments were on Section
4. Prohibition; Section 5. Permit to Cut; insertion of Section 7. Police Powers; Section 7.
renumbered as Section 8. Implementing Rules; and Section 8. renumbered as Section
9. Penalties.
Pertinent provisions of RA No. 10593 which defined the role of DA specifically the
Philippine Coconut Authority (PCA) on conversion of agricultural lands planted to coconut
or devoted to coconut planting:
69
• “Section 1. Section 4 of Republic Act No. 8048, also known as the “Coconut
Preservation Act of 1995”, is hereby amended to read as follows:
“Sec 4. Prohibition. – No coconut tree shall be cut except in the

following cases and only after a permit has been issued therefor:
a) When the tree is sixty (60) years old in the case of tall varieties
and at least forty (40) years old for dwarf varieties;
b) When the tree is no longer economically productive;
c) When the tree is severely disease-infected and beyond

rehabilitation;
d) When the tree is severely damaged by typhoon or lightning;
e) When the agricultural land devoted to coconut production shall

have been converted in accordance with law into residential, commercial or
industrial areas;
f) When the land devoted to coconut production shall be converted

into other agricultural uses or other agriculture-related activities in pursuance
to a conversion duly applied for by the owner and approved by the proper
authorities: Provided, that no conversion shall be allowed by the PCA until
after it shall have been verified and certified that for a period of at least (3)
years the majority of the coconut trees have become senescent and
economically unproductive or where the coconut farm is not adaptable to
sound management practices on account of geographical location,
topography, drainage, and other conditions rendering the farm economically
unproductive; and
g) When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered

as a valid ground for cutting.”
• “Sec 5. Permit to Cut. – No coconut tree or tress shall be cut unless a permit
therefore, upon due application being made, has been issued by the PCA
pursuant to Section 6 of this Act.
70
The applicant shall pay an application fee in the amount of One
hundred pesos (P100.00) for every tree intended to be cut payable to the
PCA. Forty pesos (P40.00) of the fee shall accrue in favor of the PCA, Forty
pesos (P40.00) in favor of the municipal government concerned, and Twenty
pesos (P20.00) in favor of the barangay unit concerned. The fees allocated
to the PCA shall be used for its replanting program and the fess allocated to
the municipal/city government shall be used for the repair and rehabilitation
of roads of the respective local government units which have been damaged
by the continuous passage of heavy vehicles used for transporting coconut
lumber.
Fees herein collected shall be deposited with the nearest Land Bank
of the Philippines branch or other government depository banks. Fees
accruing to the local government unit shall be remitted within three (3)
months in accordance with existing Commission on Audit (COA) rules and
regulations.
No permit to cut shall be granted unless the applicant has secured

from the barangay captain of the locality where the cutting will be done, a
certification under oath that he/she shall has already planted the equivalent
number of coconut trees applied for to be cut.
Such replanting, however, shall not apply to areas converted into

industrial, commercial or residential sites or land transformed in accordance
with law, into other agricultural purposes.
“The PCA, in coordination with the local government unit concerned,

shall verify if a replanting was implemented and regulate and oversee the
fertilization and care of the newly planted coconut trees. For this purpose, it
shall be incumbent upon the PCA to conduct, from time to time, on-the-spot
inspections of the sites where the coconut trees have been planted.”
71

Metro Manila
Sixteenth Congress
Second Regular Session
AN ACT PROMOTING AND SUPPORTING THE COMPETITIVENESS OF THE

SUGARCANE INDUSTRY AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 3. Productivity Improvement Programs
Section 6. Human Resources Development
Section 7. Infrastructure Support
Section 8. Sugar Supply Monitoring System
Section 9. Classification and Regulation of Supply of Sugar
Section 10. Value-Added Tax (VAT) Zero-Rated on Refined Sugar for Export
Section 11. Mandated Appropriations
Section 12. Non-Exemption from Comprehensive Agrarian Reform Program
(CARP) Coverage
Section 14. Separability Claus
Approved,
(Signed) (Signed)
FELICIANO BELMONTE JR. FRANKLIN M. DRILON

Speaker of the House of President of the Senate
Representatives
72
finally passed by the Senate and the House of Representative on February 2, 2015 and
February 3, 2015, respectively.
(Signed) (Signed)
MARILYN B. BARUA-YAP OSCAR G. YABES

Secretary General Secretary of the Senate
Approved: Mar 27 2015
(Signed)
BENIGNO S. AQUINO III
Introduction:
This Republic Act (RA) was approved by former President Aquino III on March 27, 2015.
It declared the policy of the State to promote the competitiveness of the sugarcane
industry and maximize the utilization of sugarcane resources, and improve the incomes
of farmers and farm workers, through improved productivity, product diversification, job
generation, and increased efficiency of sugar mills.
Pertinent provisions of RA No. 10659 which defined the role of DA specifically the Sugar
Regulatory Administration (SRA) on improving the sugarcane industry:
• “SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to

promote the competitiveness of the sugarcane industry and maximize the
utilization of sugarcane resources, and improve the incomes of farmers and farm
workers, through improved productivity, product diversification, job generation,
and increased efficiency of sugar mills.
For these purposes, the State shall: (a) establish productivity improvement
programs; (b) provide the needed infrastructure support; (c) enhance research
and development of other products derived from sugar, sugarcane, and their by-
products; (d) provide human resource development and extension services; and
(e) provide financial assistance to small farmers.”
73

Metro Manila
Seventeenth Congress
AN ACT ESTABLISHING THE ENERGY VIRTUAL ONE-STOP SHOP FOR THE

PURPOSE OF STREAMLINING THE PERMITTING PROCESS OF POWER
GENERATION, TRANSMISSION, AND DISTRIBUTION PROJECTS

Congress assembled:
CHAPTER 1: GENERAL PROVISION

Section 3. Scope
CHAPTER 2: ENERGY VIRTUAL ONE-STOP SHOP
Section 5. Creation and Establishment of the Energy Virtual One-Stop Shop

(EVOSS)
Section 6. Powers, Functions and Characteristics
Section 7. EVOSS Steering Committee
Section 8. Duties and Responsibilities of the EVOSS Steering Committee
Chairperson
Section 9. Duties and Responsibilities of the Vice-Chairperson of the EVOSS
Steering Committee
Secretariat
Section 12. Duties and Responsibilities of Members of the EVOSS Steering
Committee
Section 13. Time Frame
Section 14. Local Government Units
Section 15. Indigenous Cultural Communities (ICCs)/ Indigenous Peoples (IPs)
Section 16. Delegated Powers
74
CHAPTER 3: PROHIBITED ACTS AND PENALTIES
Section 17. Administrative Offenses

Section 18. Confidentiality
Section 19. Penalties
Section 20. Administrative Jurisdiction
Section 21. Civil and Criminal Liability
CHAPTER 4: GENERAL PROVISIONS
Section 22. The Investment Promotion Office (IPO)

Section 23. Appropriations
Section 24. Oversight Committee
Section 25. Reportorial Requirements
Section 26. Evaluation
Approved,
(Signed) (Signed)
GLORIA MACAPAGAL-ARROYO VICENTE C. SOTTO III

Speaker of the House of President of the Senate
Representatives
passed by the Senate and the House of Representative on December 13, 2018 and
January 14, 2019, respectively.
(Signed) (Signed)
DANTE ROBERTO P. MALING MYRA MARIE D. VILLARICA

Acting Secretary General Secretary of the Senate
Approved: Mar 08 2019
(Signed)
RODRIGO ROA DUTERTE
75
Introduction:
This Republic Act (RA), otherwise known as the Energy Virtual One-Stop Shop (EVOSS),
was approved by President Rodrigo Roa Duterte on March 08, 2019. It declared the
policy of the State to ensure the quality, reliability, and security of energy at reasonable
cost by undertaking measures to guarantee that supply meets demand in a timely
manner. Likewise, to ensure transparency and accountability in the process of approving
power generation, transmission, or distribution projects; and deliver efficient and
effective service to the public by: 1) ensuring timely completion of power generation,
transmission, or distribution projects by eliminating duplication, redundancy, and
overlapping mandates in documentary submissions and processes by supplying an online
platform for government agencies to coordinate and share information; and (2) providing
a paperless and electronic application and processing system which serve as a single
gateway through which proponents can access all information necessary in the
application for a new generation, transmission, or distribution project, submit all
requirements related to the application, and monitor the approval of such application.
Under this Act, the Department of Agriculture (DA) is one of the members of the EVOSS
Steering Committee.
Pertinent provisions of RA No. 11234 which prescribed the time frame given to the DA
on the issuance of certification relative to the applications involving power generation,
transmission, or distribution projects:
• “Section 7. EVOSS Steering Committee – There shall be an EVOSS Steering

Committee, which shall exist only for a period of two (2) years from the effectivity
of this Act. The EVOSS Steering Committee shall be composed of the Office of the
President as Chairperson, the Secretary of the DOE as Vice-Chairperson, and the
following as members:
(a) Secretary of the Department of Agriculture (DA)”
• “Section 13. Time Frame – The mother agencies shall ensure that all actions on
applications before it and its attached bureaus, offices, and agencies, at both the
national and local levels, and GOCCs as well as other entities shall all be released
within the time frames stated below:
xxx xxx xxx
(c) The DA and all its attached bureaus, offices, and agencies, at both the
national and local levels, and GOCCs: sixty (60) calendar days
xxx xxx xxx
76
Failure of the mother agency and its attached bureaus, offices, and agencies, at
both the national and local levels, including GOCCs, to release its action on
applications duly filed with complete supporting documents within the prescribed
time frame shall deem such applications approved: Provided, that this shall not
apply to actions by the DENR and ERC on applications by fossil fuel-based
technologies such as coal, natural gas, and oil.”
77

DEPARTMENT OF AGRARIAN REFORM
Administrative Order No. 01

Series of 2019
SUBJECT: STREAMLINING THE PROCESSING OF APPLICATIONS FOR LAND

USE CONVERSION UNDER DAR ADMINISTRATIVE ORDER NO. 1,
SERIES OF 2002
Under Section 65 of Republic Act (R.A.) No. 6657, as amended, Executive Order
No. 129-A, and Paragraph (13), Section 3, Title XI of the Revised Administrative Code
1987 (E.O. No. 292) the DAR is mandated to approve or disapprove applications for land
use conversion of agricultural lands to non-agricultural uses. In order to streamline the
processing of such applications and to ensure the speedy disposition of the same, certain
provisions of DAR Administrative Order (A.O.) No 1, Series of 2002 are hereby amended
or clarified as follows:
SECTION 1: Personal Filing of Application for Conversion

SECTION 2: Basis of Authority of Representative
SECTION 3: Authentication of Application and Supporting Documents
SECTION 4: Non-acceptance of Incomplete Application
SECTION 5: The Agrarian Reform Beneficiary as Applicant for Conversion
SECTION 6: Acceptance of Electronic Copy (E-copy) of Land Title
SECTION 7: Local Government Unit (LGU) Reclassification
SECTION 8: Department of Agriculture Certification is a Requirement for Application
for Land Use Reclassification
SECTION 9: The Department of Environment and Natural Resources (DENR)
Environmental Compliance Certificate (ECC) is a Post-Condition for
Application for Land Use Conversion
SECTION 10: Clearance for Resettlement Areas Due to Declared Calamities
SECTION 11: The Municipal Agrarian Reform Program Officer (MARPO) Certification
SECTION 12: Notice of On-Site Inspection and Investigation (OSII)
SECTION 13: Conduct of the OSII
SECTION 14: Land Use Cases (LUC)/ Regional Land Use Cases (RLUC) Committee
Deliberation
SECTION 15: Transitory Clause
SECTION 16: Repealing Clause
SECTION 17: Separability Clause
SECTION 18: Effectivity Clause
78
Diliman, Quezon City, January 14, 2019.
(Signed)
ATTY. JOHN R. CASTRICIONES
Secretary
Introduction:
This Administrative Order (AO) was signed by DAR Secretary, Atty. John R. Castriciones
on January 14, 2019. Under Section 65 of Republic Act (R.A.) No. 6657, as amended,
Executive Order No. 129-A, and Paragraph (13), Section 3, Title XI of the Revised
Administrative Code 1987 (E.O. No. 292) the DAR is mandated to approve or disapprove
applications for land use conversion of agricultural lands to non-agricultural uses. In
order to streamline the processing of such applications and to ensure the speedy
disposition of the same, certain provisions of DAR Administrative Order (A.O.) No 1,
Series of 2002 are hereby amended or clarified.
Pertinent provisions of DAR AO No. 01, Series of 2019 which clarifies the requirement of
the certification from the Department of Agriculture:
• “SECTION 7. Local Government Unit (LGU) Reclassification.
Reclassification is different from Conversion.
Reclassification is the act of specifying how agricultural land shall be

utilized for non-agricultural uses as embodied in the land use plan of the
LGU based on Section 20 of R.A. No- 7160. Conversion is the act of
changing the actual use of agricultural land into other uses as approved
by the DAR in accordance with Section 65 of R.A. No. 6657, as amended.
Agricultural lands that are reclassified to non-agricultural uses do not ipso

facto allow the landowner thereof to use the same for such purpose.
The submission of the Certificate of Reclassification by the Housing and

Land Use Regulatory Board (HLURB) in applications for conversion shall
only be required if the landholding is situated in Highly-Urbanized or
Independent Component Cities and the conversion is from an agricultural
use to a non-agricultural use.
79
In lieu of the HLURB certification, the Sangguniang Bayan/Panlungsod
Zoning Ordinance and the Sangguniang Panlalawigan Resolution
approving said Zoning Ordinance shall be submitted in applications for
conversion in case of landholdings situated in Component Cities and
Municipalities and the conversion is from an agricultural use to a non-
agricultural use.
In both instances, the concerned local government unit must have the
proper Certificate of Eligibility for Reclassification of agricultural lands
issued by the Department of Agriculture (DA) in accordance with D.A. A.O.
No. 1, Series of 2017. The DA Certificate must be attached to the HLURB
Certificate or the LGU Resolution, as the case may be, to prove that there
is a valid reclassification.”
• “SECTION 8. Department of Agriculture Certification is a Requirement for

Application for Land Use Reclassification.
Matters pertaining to the state of the agricultural activity on the

landholding as well as whether the same is irrigated or irrigable have
already been passed upon by the concerned LGU during the process of
reclassification in accordance with Section 20 of R.A. No. 7160 and Office
of the President (O.P.) M.C. No. 54, Series of 1993. Thus, the DA
Certificate on such matters will not be required upon an Application for
Conversion of a landholding from agricultural use to non-agricultural use.
This provision amends Section 10.16 of DAR A.O. 1, Series of 2002.”
80

DEPARTMENT OF ENERGY
(Kagawaran ng Enerhiya)
DEPARTMENT CIRCULAR NO. DC2019-05-0007
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 11234

(ENERGY VIRTUAL ONE-STOP SHOP ACT)
Pursuant to Section 27 of Republic Act No. 11234, otherwise known as the “Energy
Virtual One-Stop Shop Act”, hereinafter referred to as the “Act”, the Department of
Energy (DOE), in consultation with the relevant Government agencies and industry
stakeholders, hereby issues, adopts and promulgates the following implementing rules
and regulations.
PART 1: GENERAL PROVISION

Rule 1. Short Title
Rule 2. Declaration of Policy
Rule 3. Scope
Rule 4. Definition of Terms
PART 2: ENERGY VIRTUAL ONE-STOP SHOP

Rule 5. Establishment of the Energy Virtual One-Stop Shop (EVOSS)
Rule 6. Technical Requirements, Functions and Characteristics
Rule 7. Creation of the EVOSS Steering Committee
Rule 8. Duties and Responsibilities
Section 1. EVOSS Steering Committee
Section 2. Chairperson
Section 3. Vice-Chairperson
Section 4. Members of the EVOSS Steering Committee
Section 5. Secretariat
Section 6. Department of Energy
PART 3: PRESCRIBED PERIODS

Rule 9. Time Frame
Section 1. Time Frame for Mother Agencies and Other Entities
Section 2. Determination of Completeness
Section 3. Suspension of Time Frame
Section 4. Deemed Approval
Rule 10. Local Government Units
81
Rule 11. Indigenous Cultural Communities (ICCs)/ Indigenous Peoples (IPs)
Rule 12. Delegated Powers
PART 4: PROHIBITED ACTS AND PENALTIES

Rule 13. Administrative Offenses
Rule 14. Confidentiality
Rule 15. Penalties
Rule 16. Administrative Jurisdiction
Rule 17. Civil and Criminal Liability
PART 5: OTHER PROVISIONS

Rule 18. The Investment Promotion Office (IPO)
Section 1. Expansion
Section 2. Organizational Structure
Section 3. Budget
Section 4. Powers and Functions of the IPO
Rule 19. Appropriations
Rule 20. Oversight Committee
Rule 21. Reportorial Requirements
Rule 22. Evaluation
Rule 23. Separability Clause
Rule 24. Repealing Clause
Rule 25. Effectivity
(Signed)
ALFONSO G. CUSI
Secretary
Introduction:
This Department Circular (DC) was signed by the Department of Energy Secretary
Alfonzo G. Cusi in 2019 which establishes the comprehensive implementation of the rules
and regulation on R.A. 11234. Process time frames and penalties are also imposed.
Pertinent provisions of Rules and Regulations Implementing Republic Act 11234 which
defined the role of DA in the conversion of agricultural lands to power generation,
transmission, or distribution projects:
• “Rule 2. Declaration of Policy
It is hereby declared the policy of the State to:

82
xxx xxx xxx
(d) Deliver efficient and effective service to the public by:

(1) Ensuring timely completion of power generation, transmission, and
distribution projects by eliminating duplication, redundancy, and
overlapping mandates in documentary submissions and process, and by
establishing and maintaining an online platform for government agencies
to coordinate and share information; and
(2) Providing a paperless and electronic application and processing system,

which serves as a single gateway through which proponents can access
all information necessary in the application for new power generation,
transmission, or distribution projects, submit all requirements related to
the application, and monitor the application.
• Rule 7. Creation of the EVOSS Steering Committee
There shall be an EVOSS Steering Committee, which shall exist only for a period
of two (20 years from the effectivity of the Act. The EVOSS Steering Committee
shall be composed of the Office of the President as Chairperson, the Secretary of
the DOE as Vice-Chairperson, and the following as members:
(a) Secretary of the Department of Agriculture (DA)”
• “Rule 9. Time Frame
Section 1. Time Frames for Mother Agencies and Other Entities
Subject to Sections 2 and 3 of Rule 9 of this IRR, all actions on applications before
the mother agencies and their attached bureaus, offices, agencies, at both the
national and local levels, and GOCCs, as well as other entities identified herein,
shall all be released within the time frames stated below:”
Total Number of
Mother Agency
Calendar Days
Department of Agriculture (DA) 60
83
List of Department of Agriculture Administrative Orders on Reclassification and
Conversion of Agricultural Lands:
• DA A.O. No. 37, Series of 1999, “Subject: Revised Guidelines On the

Certification of Eligibility for Reclassification of Agricultural Lands and Providing
Mechanisms for The Implementation Thereof.”
• DA A.O. No. 02, Series of 2002, “Subject: Guidelines for The Implementation
of EO 45 Dated October 24, 2001, “Prescribing Time Periods for Issuance of
Housing-Related Certifications, Clearances and Permits, And Imposing
Sanctions for Failure to Observe the Same”
• DA A.O. No. 02, Series of 2011,” Subject: Revised Guidelines On the

Certification of Eligibility for Reclassification of Agricultural Lands Providing
Mechanisms for The Implementation Thereof”
• DA A.O. No. 25, Series of 2012, “Subject: Amendments to Administrative

Order (A.O.) No. 02, Series of 2011 Particularly The Introduction; Sec. I, II. III-
1, 2, 3, 4, 5, 7, 11; IV-1, 2, 3, 4, 5; V-1, 2, 3; VII, IX, X, And XI, With The
Inclusion of Food Security Provision in Sec. II; Priority Development Areas and
Projects in Sec. IV; The Committee On the Rehabilitation of Agricultural Lands
(CRAL) In Sec. V; Changing The Term Notice of Disapproval to Certificate of
Non-Eligibility”
• DA A.O. No. 01, Series of 2017, “Guidelines on the Issuance of Certification

for Land Use Reclassification”
• DA A.O. No. 18, Series of 2020, “Guidelines on the Issuance of Certificate

of Eligibility for Conversion of Agricultural Lands”
• DA A.O. No. 30, Series of 2020, “Revocation of Administrative Order No. 18

series of 2020”
• DA A.O. No. 32, Series of 2020, “Processing, Evaluation of Unresolved

Applications and Issuance of DA Certificate of Eligibility for Conversion of
Agricultural Lands”
84
List of other Relevant Issuances on Reclassification and Conversion of
Agricultural Lands
• Sugar Regulatory Administration (SRA) General Administrative Order No.

01, Series of 2006-2007, “Subject: Charging of a Fee On the Issuance of a
Certification of Land Use Conversion of Sugar Land into Residential, Commercial
or Industrial Use”
• National Irrigation Administration (NIA) Memorandum Circular (M.C.) 48,

s. 2008, “Recovering Irrigation Development Cost (IDC) From Land Use
Converting Landowners In Irrigation Service Areas”

s. 2009, “Amendment To NIA Policy On Recovery Of Irrigation Development
Cost In Conversion Of Land To Non-Agricultural Use”

s. 2017, “Guidelines In The Issuance Of Required Certification On Land Use
Reclassification (LUR Form No. 4) Applications”
• Philippine Coconut Authority (PCA) Administrative Order No. 03, Series of

2018, “Revised Implementing Rules And Regulations Of Republic Act No. 8048,
As Amended By Republic Act 10593”
85
References:
Department of Agriculture, www.da.gov.ph
Department of Agrarian Reform, www.dar.gov.ph
Department of Energy, www.doe.gov.ph
Malacañang, www.officialgazette.gov.ph
National Irrigation Administration, www.nia.gov.ph
Philippine Coconut Authority, www.pca.gov.ph
Sugar Regulatory Administration, www.sra.gov.ph
86
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Foreword

A Charter on Agricultural Land, approved in 1991, embodies the Department of

The National Technical Evaluation Committee on Land Use Matters (NTECLUM)

The DA, through the BSWM, has been performing

Maraming salamat po.

Legal Bases on Reclassification and Conversion of Agricultural Lands

• Malacañang Administrative Order No. 20, Series of 1992, “Interim 1

• Malacañang Memorandum Circular No. 54, Series of 1993, “Prescribing 3

• Malacañang Executive Order No. 124, Series of 1993, “Establishing 7

• Malacañang Executive Order No. 45, Series of 2001, “Prescribing Time 57

• Republic Act No. 10659 known as the Sugarcane Industry Development 72

List of Department of Agriculture Administrative Orders on Reclassification and 84

List of other Relevant Issuances on Reclassifications and Conversion of 85

Office of the President

ADMINISTRATIVE ORDER NO. 20

INTERIM GUIDELINES ON AGRICULTURAL LAND USE CONVERSION

EDELMIRO A. AMANTE, SR.

Pertinent provisions of AO No. 20 which defined the role of Department of Agriculture

• “NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of

2. All agricultural lands other than those referred hereunder as non-

MEMORANDUM CIRCULAR NO. 54

PRESCRIBING THE GUIDELINES GOVERNING SECTION 20 OF RA 7160

Section 1. Scope and Limitations

EDELMIRO A. AMANTE, SR.

Pertinent provisions of MC No. 54 defining the role of Department of Agriculture (DA) in

• “Section 1. Scope and Limitations.

(b) Agricultural lands may be reclassified in the following cases:

(c) However, such reclassification shall be limited to a maximum of the

(1) For highly urbanized and independent component cities, fifteen

For fourth to sixth class municipalities, five percent (5%).

(1) Agricultural lands distributed to agrarian reform beneficiaries subject

(2) Agricultural lands already issued a notice of coverage or voluntarily

(3) Agricultural lands identified under AO 20, s. of 1992, as non-

• “Section 2. Requirements and procedures for reclassification

xxx xxx xxx

(b) Prior to the enactment of an ordinance reclassifying agricultural lands as

(1) A certification from DA indicating –

xxx xxx xxx

xxx xxx xxx

• “Section 5. Monitoring and evaluation of land reclassification by LGUs concerned.

EXECUTIVE ORDER NO. 124

ESTABLISHING PRIORITIES AND PROCEDURES IN EVALUATING AREAS

• “SECTION 1. Definition of Priority Development Areas for Land Conversion.

• “SECTION 2. Institutional Mechanisms and Procedures for the Evaluation of

2.1. Sites in RAICs/RICs and Tourism Development Areas

(a) The Regional Land Use Committees (RLUCs) shall be primarily

(b) The Regional Director of the National Economic and Development

xxx xxx xxx

(d) The RLUCs and concerned government agencies shall evaluate

xxx xxx xxx

xxx xxx xxx

In highly urbanized and independent component cities, the RLUC shall

• “SECTION 4. The DAR, DA and the NEDA Secretariat, in coordination with

JOINT HLRB, DAR, DA, DILG MEMORANDUM CIRCULAR

JOINT HLRB, DAR, DA, DILG MEMORANDUM CIRCULAR PRESCRIBING THE

Section 1. Legal Basis

• “SECTION 5. Requirements For Reclassification

c. SB/SP resolution proposing reclassification and stating that the locality

xxx xxx xxx

h. DA Certifications (to be processed in one (1) month) [Reclassification

h.1 Certification from the Department of Agriculture’s Regional Land

h.1.1 the total area of existing agricultural lands in LGU

h.1.2 that such lands are not classified as non-negotiable for