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DEPARTMENT OF AGRICULTURE

Department  of  Agriculture  


Guidelines  on  the  Issuance  of  Cer8fica8on  for  
Land  Use  Reclassifica8on  
 
SHDA  FIRST  BUSINESS  FORUM  for  2017  
18  April  2017,  Metropolitan  Club,  Rockwell,  
Maka8  City  
IV. APPLICANT/S FOR LAND USE
Outline
RECLASSIFICATION
1. Owner/s of private agricultural lands or other persons
duly authorized by the landowner;
 
2.  Beneficiary/ies of the agrarian reform program after
  the lapse of five (5) years from the award, reckoned
from the date of the issuance of Certificate of
  Landownership Award (CLOA), and who have fully paid
their obligations and are qualified under these Rules, or
  persons duly authorized by them; and
 
3.  Government agencies, including government-owned or
  controlled corporations, and local government units
owning agricultural lands as part of their patrimonial
  property.
   
V. DOCUMENTARY REQUIREMENTS
Outline
VI. DOCUMENTARY REQUIREMENTS
Outline
V. DOCUMENTARY REQUIREMENTS
Outline

CERTIFICATE OF NON-
CARP COVERAGE

 
 
V. DOCUMENTARY REQUIREMENTS
Outline
CLEAR, COLORED
PHOTOGRAPHS (5R Size)

 
 
V. DOCUMENTARY REQUIREMENTS
Outline

CERTIFICATE OF CERTIFICATE OF
IRRIGATION COVERAGE COVERAGE / NON-
COVERAGE

 
 
 
 
CERTIFICATE OF INSPECTION
AND VERIFICATION
VI. FEES
Outline

Area Applied For Filing Fee Inspection Fee Motion for


Reconsideration
15 hectares and below ₱ 1,750.00 ₱ 5,000.00

Above 15 hectares to ₱ 2,000.00 ₱ 7,500.00


30 hectares
₱ 2,000.00
More  than  30  hectares   ₱  3,000.00   ₱  10,000.00  
V. DOCUMENTARY REQUIREMENTS
Outline
VII. PROCEDURE
VIII. TECHNICAL COMMITTEES
Outline
REGIONAL TECHNICAL EVALUATION COMMITTEE ON LAND
USE MATTERS (RTECLUM)
Chair
  – DA REGIONAL EXECUTIVE DIRECTOR (RED)
Members – TECHNICAL STAFF from the:
 
National Irrigation Administration (NIA)
  Philippine Coconut Authority (PCA)
Sugar Regulatory Administration (SRA)

 Other concerned agencies shall be on an “on-call” basis, which include among others:
Bureau of Animal Industry (BAI)
Bureau of Fisheries and Aquatic Resources (BFAR)
National Tobacco Administration (NTA)
Philippine Fiber Industry Development Authority
(PhilFIDA)

RTECLUM Secretariat shall be designated by the Secretary to assist the


RTECLUM.
VIII. TECHNICAL COMMITTEES
Outline
RTECLUM FUNCTIONS
o    Receive, review and ensure the completeness of
documentary requirements on LUR application;
 
o  C o l l e c t f i l i n g a n d i n s p e c t i o n f e e s a n d i s s u e
    corresponding official receipt;

   o  Conduct field investigation;


 
o  Convene as a Committee to process, evaluate and provide
    initial recommendation as to eligibility/non-eligibility
for land use reclassification; and
 o  Submit field investigation report, initial
  recommendation incorporated in a Resolution and LUR
folder to NTECLUM.
 
VIII. TECHNICAL COMMITTEES
Outline
NATIONAL TECHNICAL EVALUATION COMMITTEE ON LAND
USE MATTERS (NTECLUM)
Chair –     DIRECTOR, Bureau of Soils and Water Management (BSWM)
Vice-Chair – OPERATIONS MANAGER, National Irrigation Administration
  (NIA)

 Members – PRINCIPAL AND TWO ALTERNATE MEMBERS from the:

  Bureau of Soils and Water Management (BSWM)


National Irrigation Administration (NIA)
Philippine Coconut Authority (PCA)
Sugar Regulatory Administration (SRA)
DA-Field Operations Service (DA-FOS)
DA-Legal Service (DA-LS)

Other concerned agencies shall be on an “on-call” basis, which include among others:
Bureau of Animal Industry (BAI)
Bureau of Fisheries and Aquatic Resources (BFAR)
National Tobacco Administration (NTA)
Philippine Fiber Industry Development Authority (PhilFIDA)
VIII. TECHNICAL COMMITTEES
Outline

NTECLUM TECHNICAL SECRETARIAT


Shall be composed of Chairperson, Co-Chairperson, Vice-
Chairperson and at least five (5) technical staff who shall
be designated by the DA Secretary.

 
 
VIII. TECHNICAL COMMITTEES
Outline
NTECLUM FUNCTIONS
o    Conduct review and evaluation on the LUR applications;
 
   o  Conduct its own field/ocular investigation, as necessary;
and
   
o  Evaluate and recommend eligibility/non-eligibility for
  reclassification of agricultural lands for the approval of
the Secretary or his authorized signatory.
 
 
 
IX. CRITERIA FOR RECLASSIFICATION
Outline
1. Not irrigated and not irrigable land/s;
 
2. In the event that the land/s will be reclassified and converted,
  it shall not hamper the availability of irrigation water or
productivity of the nearby farmlands;
 
 
 3. Land/s with physical limitations/constraints to agricultural
  production;

   
4. Land/s that is/are not potential for growing agricultural
crops;  
 
 5. Land/s with low productivity will be accorded priority;  

 
IX. CRITERIA FOR RECLASSIFICATION
Outline

6. The land/s’ proposed use should be consistent with the


natural expansion of the municipality or locality, as
contained in the approved physical framework and land use
plan;  

 
7. The land/s’ proposed use is supportive to agro-industrial
development and will generate alternative livelihood
opportunities for the affected community;

 
 
X. APPROVING AUTHORITIES
Outline
1. FOR SOCIALIZED HOUSING PURPOSES  

  Ø  The RED or his designated Regional Technical Director


for areas outside of SAFDZ and with a total area of five
(5) hectares and below;  

 Ø  The RED shall provide the DA Secretary or his


authorized signatory a monthly report of all
applications approved/disapproved indicating the
Registered Owner, Title No., Lot No., Area Applied for
and Location of the Property, copy furnished the
NTECLUM;  

 
Ø  The DA Secretary or his authorized signatory for areas
outside of SAFDZ and with more than five (5)
hectares; and areas within SAFDZ regardless of
hectarage applied.
X. APPROVING AUTHORITIES
Outline

2. FOR OTHER NON-AGRICULTURAL PURPOSES ASIDE


FROM SOCIALIZED HOUSING

  Ø  The DA Secretary or his authorized signatory has the


sole authority to issue Certificate of Eligibility/Non-
  Eligibility for Reclassification of Agricultural Lands.  

 
XI. RELEASE OF CERTIFICATION
Outline

1.  The OSEC or his authorized signatory or other designated


entity shall release the Certificate of Eligibility/Non-
Eligibility for Reclassification of Agricultural Land
through registered mail. The applicant or his authorized
representative may personally receive the certificate upon
submission of formal written request.  

 2.  The OSEC or his authorized signatory shall return the LUR
Folder, Committee Resolution/s and Certified True
Photocopy of the certificate to the NTECLUM Secretariat
for record and reference.  

 
XII. MOTION FOR RECONSIDERATION
Outline
1.  The applicant or the protestant may file a motion for
reconsideration to the DA Secretary or his authorized
signatory within thirty (30) days from the receipt of a copy
of the Certificate of Non-Eligibility;  

 
2.  The Motion for Reconsideration shall be resolved by the
DA Secretary or his authorized official within an
extendible period of sixty (60) days from the receipt of the
Motion for Reconsideration;  

 
3.  The DA action on the Motion for Reconsideration shall be
final and non-appealable;  

 
XII. MOTION FOR RECONSIDERATION
Outline
4.  Motions for Reconsideration for denied applications,
including those issued by the REDs for socialized housing,
prior to the effectivity of this A.O shall be given due course
by the DA Secretary or his authorized signatory if filed
within thirty (30) days from the effectivity hereof; and  

 5.  Likewise, all records of pending Motions for


Reconsideration shall be forwarded to the DA Secretary or
his authorized signatory for review and resolution.  

 
XIII. REPEALING CLAUSE
Outline

All existing rules inconsistent with the


provisions of this Order are hereby repealed
or modified accordingly.  
 
XIV. EFFECTIVITY
Outline
This Administrative Order (AO) shall take effect
fifteen (15) days after its publication in two (2)
newspapers of general circulation and its filing with
Administrative Register, UP Law Center.  

 Further,this AO shall apply to all applications


received prior to the effectivity of this AO.  

 
Signed by DA Secretary Emmanuel F. Piñol on the
8th day of February 2017.

 
Published on the 14th day of February 2017 in
Philippine Daily Inquirer and Manila Bulletin.  

 
The Department of Agriculture is mandated
to ensure food security. However, we
recognize the demand for land by other
sectors.

The DAR requires the DA certificate of


!
eligibility for reclassification of agricultural
lands, we address the alleged complaints
on tedious procedure on processing of land
use reclassification (LUR) applications.
DA AO No. 01 Series of 2017, Guidelines on
the Issuance of Certification for Land Use
Reclassification, was signed by Secretary
Emmanuel F. Piñol on February 8, 2017 and
was published in the Philippine
! Daily Inquirer
and Manila Bulletin on February 14, 2017. It
becomes effective on March 1, 2017.
DA’s Actions/Salient changes

1. Merging into one committee of the National


Technical Evaluation Committee on Land Use
Matters (NTECLUM) and Committee on the
Rehabilitation of Agricultural Lands (CRAL),
retaining the name of NTECLUM. This lessens
the time of processing of LUR applications.
!
DA’s Actions/Salient changes

2. Expansion of Committee membership:


Includes membership from Legal Service and
Field Operations Service of DA-OSEC aside
from the BSWM, NIA, PCA, SRA. The
Chairperson from BSWM and Vice Chair from
NIA, remain.
!
·∙    If  the  area  applied  has  premature  development/conversion,  the  applica8on  shall  be  returned  to  the  applicant  and  the  evalua8on  on  the  applica8

3. To curb illegal conversion, all applications


for land reclassification with premature
development/ conversion will not be
accepted· !
 
4. Stricter enforcement of required
documentary requirements. All the
certifications must be in original copies and
issued in the name of the applicant or his
duly authorized representative and must be
!
filed with the RTECLUM within six (6)
months upon issuance.

5. Fee for motion for reconsideration :


P2,000.
6.   On the Prescribed Timelines for the
Processing of Requests, Documents, and
Applications from the General Public
All Cabinet Secretaries and Heads of
Agency are mandated ! to process all
requests and/or applications within a
maximum period of one (1) month,
regardless if these merit approval or not.
Provided that the documentary
requirements submitted are complete.
DA’s Actions /Salient Changes

7. For socialized housing applications, the


DA Regional Executive Directors are given
!
authority to issue certificate of eligibility for
reclassification of agricultural lands for
applications;
 

On the pipeline: An extension of DA AO No.


04 series of 2015, “Special Rules on the
Issuance of Certificate of Eligibility for
Reclassification of Agricultural Lands for
!
Socialized Housing and Resettlement
Projects in Yolanda –Affected Areas
 
I hope this presentation has put forward
D A’ s c l e a r - c u t p o l i c i e s o n l a n d
reclassification to make application
smooth and easy.
!
I urge all of you in the real estate sector
to help Congress speed up the passage
of the National Land Use Act (NLUA) into
law.
Good Day!
&
Thank You Very Much!!!

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