NEIL ANGELO P.

RODIL REAL ESTATE TRANSACTIONS

Outline of the Procedures in Land Use Conversion under DAR Administrative Order No. 1, s.2002, as amended by DAR Administrative Order No. 1, s.2019
The foregoing is simplifies the procedure in land use conversion. The first row is the land use conversion proper while the succeeding outlines the remedies that a
party, aggrieved of any decisions, resolutions, or orders, may avail. To put it, during the pendency of the land conversion proceeding, a protest may be filed. The remedy of
motion for reconsideration and appeal on the other hand may be availed upon a decision on the land conversion itself, or the protest. Meanwhile, the revocation proceedings
may be availed of after the finality of the conversion order.

Procedure Who can file Where to file What to file When to file
1. Land Use The application shall be Duly accomplished and notarized The applicant shall submit in sextuplicate the following Anytime except
Conversion personally filed by the application forms and the complete documents: the beneficiaries
following: documentary requirements sit forth in  Official receipt showing proof of payment of of the agrarian
 Owners of private Section 10 hereof shall be filed with filing fee and inspection cost; reform program
agricultural lands or the following offices:  Official receipt showing proof of posting of after the lapse of
other persons duly  Regional Center for Land Use bond in accordance with the terms and five (5)years from
authorized by the Policy Planning and conditions set forth in Section 24; award, reckoned
landowner Implementation (RCLUPPI),  Duly accomplished application for conversion from the date of
 Beneficiaries of the located at the DAR Regional subscribed and sworn to before a notary public the issuance of the
agrarian reform Office, for applications or any person authorized to administer oaths; Certificate of
program after the involving lands with an area  True copy of the Original Certificate of Title Landownership
lapse of five (5)years less than or equal to five (5) (OCT) or Transfer Certificate of Title (TCT) of Award (CLOA),
from award, hectares, or a fraction above the subject land;
reckoned from the five (5) hectares. The Regional  True copy of the current Tax Declaration
date of the issuance Director shall be the approving covering the subject property;
of the Certificate of authority for such applications;  Project feasibility study;
Landownership  Center for Land Use Policy  Joint venture agreement or any other business
Award (CLOA), and Planning and Implementation arrangement on the use of the land between the
who have fully paid (CLUPPI), located at the DAR landowner and the developer;
their obligations and Central Office, for  Narrative description of the development plan;
are qualified under applications involving lands
 Proof of financial and organizational capability
these Rules, or with an area larger than five
of the developer to develop land;
persons duly (5) hectares. The Secretary
 Socio-Economic Benefit-Cost Study of the
authorized by them shall be the approving
proposed project;
 Government authority for such applications
and may delegate the same  Photographs, size 5R (five [5] inches by seven
agencies, including
authority to any [7] inches), using color film, and taken on the
government-owned
Undersecretary landholding under sunlight;
or controlled
corporations, and  When the application concerns  Affidavit of Undertaking stating compliance to
the requirements;
LGUs, which own a parcel of land that is adjacent  Certification of the MARO in a single document
agricultural lands as to another parcel of land that attesting compliance with Section 14.1;
their patrimonial was previously granted a  . Certification from the HLURB Regional
property Conversion Order, and the Officer on the actual zoning or classification of
sum of the areas of both the land subject of the application on the
adjoining parcels of land approved comprehensive land use plan;
exceeds five (5) hectares, the  Certification from the authorized DA official
approving authority for the stating, among others, the classification of the
present application shall be the property under the NPAAAD/SAFDZ;
Secretary, acting upon the  Certification from the authorized DENR;
recommendation of the  Environmental Compliance Certificate;
CLUPPI;  Vicinity map and a lot plan prepared by a duly-
 When the applicant owns or licensed geodetic engineer;
represents the owner(s) of two  Directional sketch map showing the orientation
(2) or more parcels of land of the subject property in relation to adjoining
within the same barangay or lands and nearest provincial and/or national
within two (2) or more and/or feeder roads, to facilitate and determine
barangays that are adjacent to the location of the property for the purpose of
each other, and the sum of the ocular inspection;
areas of said parcels of land
 Map of the development plan;
exceeds five (5) hectares, the
 Topographic Map;
approving authority for an
application involving any of
said parcels of land shall be
the Secretary, acting upon the
recommendation of the
CLUPPI;
 When a single project
proposes the conversion of
two (2) or more parcels of land
with different owners but
within the same barangay or
within two (2) or more
barangays that are adjacent to
each other, and the sum of the
areas of said parcels of land
exceeds five (5) hectares, the
approving authority for an
application involving any of
said parcels of land shall be
the Secretary, acting upon the
 recommendation of the
CLUPPI
2. Protest Persons affected by the Protests against the application for The oppositor shall file a verified protest showing any of Within thirty (30)
proposed land use conversion conversion shall be filed with: the following grounds allowed for protest: days from posting
such as  PARO, in which case, the  The area under application is non-negotiable for of the requisite
 identified oppositor shall shall do so by conversion; billboard(s) under
beneficiaries personal service, not by mail.  The adverse effects of the displacement to be Section 11 hereof,
farmers; Upon receipt of a protest by caused by the proposed conversion far outweigh or within fifteen
 agricultural lessees; personal service, the PARO the social and economic benefits to the affected (15) days from
 share tenants; shall, before the end of the communities; conduct of ocular
 actual tillers; next working day,  Misrepresentation or concealment of facts inspection,
 occupants; communicate with the material to the application for conversion; whichever is later.
 or residents of RCLUPPI/CLUPPI by  Illegal or premature conversion;
adjoining properties telephone or text message  Existence of proof that conversion was resorted
or communitie  RCLUPPI or CLUPPI as the to as a means to evade CARP coverage and to
case may be. dispossess the tenant farmers of the land tilled
by them;
 The land applied for conversion has not ceased
to be economically feasible and sound for
agricultural purposes, or the locality where it is
found has not become urbanized and the land
will not have a greater economic value for
residential, commercial or industrial purposes.
(Section 65 of RA 6657);
 The applicant has violated, or the application for
conversion is violative, of agrarian laws, rules
and regulations as well as other applicable
statutes and other administrative issuances.
Motion for Party aggrieved by the To the RCLUPPI or CLUPPI as the Non-extendible
Reconsideratio decision of the RCLUPPI or case may be period of fifteen
n CLUPPI as the case may be (15) calendar days
from receipt of
the challenged
decision,
resolution, or final
order
Appeal The aggrieved party or  Appeal from the decision,  Notice of appeal; The appellant(s)
parties who is/are either the resolution, or final order of the  Appeal brief; may perfect
applicant(s) or Regional Director to the  Appeal fee his/their appeal
protestor(s)/oppositor(s), or Secretary shall be made by within a non-
 both, or their successor(s)-
in-interest, may appeal the
decision, resolution, or final
order of the Regional
Director or Secretary
Revocation or Any interested party
Withdrawal of
Conversion
Orders
filing a Notice of Appeal extendible period
before the Office of the of fifteen (15)
Regional Director of origin, calendar days
furnishing copies thereof to all from receipt of
adverse parties, if any, the decision,
together with payment of the resolution, or final
requisite appeal fees to the order of the
cashier of the regional office approving
of origin; authority.
 Appeal from the decision,
resolution, or final order of the
Secretary shall be made by
filing a Notice of Appeal
before either the Office of the
Bureau of Agrarian Legal
Assistance (BALA) Director,
or directly at the OP,
furnishing copies thereof to all
adverse parties, if any,
together with payment of the
requisite appeal fees to the
cashier of either the DAR or
OP;
 Appeal from the decision,
resolution, or final order of the
Secretary may be taken to the
Court of Appeals by
certiorariin accordance with
Section 54 of RA 6657.
To the RCLUPPI or CLUPPI as the A verified petition showing any of the the following Within ninety
case may be grounds: (90) days from
 Lack of jurisdiction of the approving authority; discovery of facts
 Misrepresentation or concealment of facts warranting
material to the grant of conversion; revocation or
 Non-compliance with the conditions of the withdrawal, but
Conversion Order; not more than one
 Non-compliance with the agreement on (1) year from
disturbance compensation payment; issuance of the
 Conversion to a use other than that authorized in Conversion
the Conversion Order; Order.
 Any other serious violation of agrarian laws.