Administrative Order

No. 04, Series of 2003

2003 Rules on Exemption of land
from CARP Coverage under Section
3 (c) of RA 6657 and DOJ Opinion
No. 44,
Series of 1990

BASIS/COVERAGE

RA 6657, Sec. 3 (c)Comprehensive Agrarian

Reform Law
Department of Justice Opinion No. 44, S. of
1990
Natalia Realty vs. DAR (12 August 1993,
225S278)

Where to file application

for Exemption

CLUPPI- Above five

(5) hectares
RCLUPPI Five (5) hectares and
below

Disturbance Compensation

Farmer
Agricultural Lessee
Share Tenant
Farmworker
Actual Tiller

Types of Disturbance Compensation

Cash
Kind

Housing
Home lots
Employment
Other benefits

Cash and kind

Disputes on Fixing of
Disturbance Compensation

RD
Adjudicator
Adjudicator
Resolution
Approving Authority
grants
Conditional Exemption Order

APPROVING AUTHORITIES
SECRETARY
Areas Above 5
hectares

Involves several parcels that

total area exceed 5 has.

Located within the same barangay; or

Within two or more barangays that are

adjacent to each other

APPROVING AUTHORITIES:

REGIONAL DIRECTOR
Areas

involving 5
hectares and below

INSPECTION COST

Five (5) Hectares and

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

Inspection Fee

P 10,000.00

P 15,000.00

INSPECTION COST

Above Five (5)

Hectares
Within the main Island of
Luzon
(except
Bicol
Peninsula)
Within Regions I to IV but
is not located within the
main Island of Luzon

Inspection Fee
P 10,000.00

P 15,000.00

INSPECTION COSTS

Above Five (5)

Hectares
Landholding is in Bicol
Peninsula or Visayas
Group of Islands

Inspection Fee
P 15,000.00

P 20,000.00

Landholding is in the
Mindanao group of Island

Documentary Requirements

Official Receipt showing proof of

payment of Inspection Fees
Sworn Application for CARP
Exemption or Exclusion
Special Power of Attorney or
Notarized Secretarys Certificate

Documentary Requirements
True

Copy of
OCT/TCT

Documentary Requirements

In Case of Untitled Land:

Certification from DENR-CENRO or

Clerk of Court

Documentary Requirements

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

Documentary Requirements

Photographs

Proof of Receipt of Payment of

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

Vicinity or Director Map

Documentary Requirements

Affidavit of Undertaking

Number and names of farmers,

agricultural lessees, share tenants,
farmworkers, actual tillers, occupants
Erection of Billboard
Non-commission of Forum-Shopping
Abide with the decision of Adjudicator
on
the
fixing
of
disturbance
compensation

PROCEDURE/PROCESS
EFFECT OF PROTEST

Interrupt the running period

for processing application for
exemption, and
Lift
the
deadline
for
approving or disapproving
the application

Effect on the
Pre-Existing Coverage
DAR shall deny due
course to the application
if it was filed after sixty
(60) days from the date
the landowner received a
Notice of CARP Coverage.

MARAMING
SALAMAT PO!

DAR Administrative Order No. 1

Series of 2002

2002 Comprehensive
Rules on
Land Use Conversion
28 February 2002

DAR AO No. 1 Series of 2002

Comprehensive Rules on
Land Use Conversion
BASIS:
RA 6657 Comprehensive Agrarian
Reform Law
RA 8435 Agriculture & Fisheries
Modernization Act

EXECUTIVE ORDER NO. 45

Prescribing Time Periods for
Issuance of Housing-Related
Certifications, Clearances and
Permits, and Imposing Sanctions
for Failure to Observe the Same
October 24, 2001

Areas Covered

Agricultural lands to be converted to nonagricultural uses

Agricultural lands to be devoted to another
type of agricultural activities such as
livestock, poultry & fishpond
Agricultural lands to be converted to nonagricultural uses other than that previously
authorized
Agricultural lands reclassified to nonagricultural uses by the LGU after June 15,
1988

What are the

Areas Nonnegotiable for
Conversion?

Agricultural lands under

NIPAS Mossy and virgin
forest Riverbanks
Swamp forest or
marshlands
All irrigated lands
All irrigable lands covered
by firm funding project
commitments
All Agricultural lands with
irrigation facilities

Priority Development Areas and

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

Criteria for Conversion

If CARP Land:
Applicant should be the ARB
5 - year prohibitory period has lapsed
Full payment of obligation

Where To Secure
Application Forms

CLUPPI
Center for Land use Policy, Planning
and Implementation
RCLUPPI
PARO

Where to File Application for Land

Use Conversion
CLUPPI
- above 5
hectares

RCLUPPI
- 5 hectares and
below

Filing Fee/Inspection Cost

5 hectares & below
Within same
island or that of
the Office of the
DAR Regional
Director

Not within same

island or that of
the Office of the
DAR Regional
Director

Filing Fee Inspection Fee

P1,000.00 P10,000.00

P15,000.00

Filing Fee/Inspection Cost

Above 5 hectares
Filing Fee
P2,000.00

Inspection
P10,000.00

Major island of Luzon

(except Bicol peninsula
Region 1 IV
(outside the main island of
Luzon

P15,000.00

Visayas Group of Island

(including Bicol peninsula)

P15,000.00

Mindanao Group of Island

P20,000.00

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

Approving Authority
Regional Director

Areas involving 5
hectares and
below

Grounds for Revocation of

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

Grounds for Revocation of

Conversion Order
Non-compliance with the agreement on
payment
of disturbance compensation Conversion to
other use other that authorized.
Any other serious violation of agrarian laws

Standard
Documentary
Requirements

Standard Documentary
Requirements
Proof of payment of necessary fees &
posting of bonds
Notarized Application
Copy of OCT or TCT
If untitled, DENR Certification on A & D
status of land
DENR/Court Certification that titling has
began; and
absence of adverse
claimants

Standard Documentary
Requirements
True Copy of TCTs/OCTs of all subject land
as of 15 June 1998, and all successor titles
until present
True Copy of current Tax Declaration

Standard Documentary
Requirements
Project Feasibility Study
JVA or Business arrangement on the use
of land between the landowner (or
EP/CLOA holders) and developer

Standard Documentary
Requirements
Narrative description of development plan with
detailed activities, program components,
phasing, work schedule and financial plan
duly certified by a licensed engineer, architect
or land use planner

Standard Documentary
Requirements
Proof of financial & organizational
capability of the developer to develop
land
Socio-economic benefit-cost study of the
proposed project

Standard Documentary
Requirements
Recent 5R photos of the property
SPA or Board Resolution
Concurrence letter of the mortgagee; if land
is encumbered

Standard Documentary
Requirements
Certification from the MARO
1) Status of CARP coverage on & around
the subject land
2) Condition of the posting of billboards
3) Presence of farmers, agricultural lessee, etc.
4) Posting of notices of application in
conspicuous places

Standard Documentary
Requirements

Affidavit/
Undertaking of
the applicant
stating:

List of tenants,
farmworkers, bonafide
occupants to be
affected by conversion
payment of or shall pay
disturbance compensation
required billboard has
been erected

Standard Documentary
Requirements

Affidavit/
Undertaking of
the applicant
stating:

not to undertake premature

development
authorizing DAR to forfeit
bond in case of premature
development
has not commenced any
action or filed any claim
involving the same land in
any court

Certifications From:
Housing and Land Use Regulatory Board
(HLURB)
Department of Agriculture (DA)
Department of Environment and Natural
Resources (DENR)

Special Certifications:
if applicant is an FB
From

From LBP

DAR PARO
Nature of CARP
coverage
Status of payment
Date of award of land

Full payment of
obligation

Public Notice
4 Feet by 8 feet billboard
made of strong weatherresistant material
One billboard for every 20
hectares

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

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

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

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

Bond to
Guarantee

Cash or Managers/

Against

Cashiers Check

Premature

(2.5% of zonal value)

Conversion
Surety Bond issued by
the GSIS (15% of
zonal value)

Bond to
Guarantee
Against
Premature
Conversion

Posted upon filing of

application
Guarantee against
premature conversion
Refundable or convertible
into performance bond

Bond to
Guarantee
Against
Premature
Conversion

Forfeited in favor of
ARF in case
Applicant carry out
Premature
development

Exemption from Bond to Guarantee

Against Premature Conversion
Socialized housing projects

(HLURB)

Resettlement projects for families displaced by

development of government projects (NHA)
Community Mortgage Program projects
(NHMFC)

Performance Bond
Cash or managers/cashiers check
(2.5% of total zonal value)
GSIS surety bond (15% of total
zonal value)

Performance Bond
Posted within 5 days form receipt of
copy of conversion order
Ensure faithful compliance with the
conditions of conversion Order
Refundable upon completion of the
project

Performance Bond

Forfeited upon default in

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

LAND USE CONVERSION PROCEDURES

File application

Maximum Processing Period:

Regular
- 130 days
Priority areas
- 110 days
Conduct of filed
Housing
- 70 days
Investigation (10 days)
Committee deliberation/
Recommendation (30
days)
EFFECT OF PROTEST
Interrupt running for processing

Issue Order of
Conversion (30
days)