Land use conversion is the act or process of
changing the current physical use of a piece of agricultural land into some
other use, as approved by Department of Agrarian Reform.
What are the
constitutional bases of land use conversion?
The relevant
provisions in the Philippine Constitution give a foundation which specifically
addresses the issue of industrialization based on sound agricultural
development and agrarian reform while ensuring the optimal use of the nation’s
limited land resources (Article XII, Sec. II, The 1987 Constitution of the
Philippines)
The provision is qualified by the declaration that
the use of property bears a social function, implying maximum productivity for
all lands (Article III, Sections I, I5 and I6, The 1987 Constitution of the Philippines).
Why is land use conversion allowed?
Land use conversion is allowed because of the
following realities: (1) Requirements of people for housing to respond the
growing housing needs of the people; (2) Industrialization. Some agricultural
lands need to be developed for non-agricultural purposes as not to hinder
industrialization in urban and rural areas; (3) Agricultural lands already
devoted to non-agricultural uses prior to affectivity of CARL but are
classified as agricultural lands; (4) Land Resources maximization. There are
programs that need to be implemented in agricultural but marginal areas.
Is DAR legally authorized to allow land use
conversion?
Yes. Section 65 of RA 6657 empowers the Department
of Agrarian Reform (DAR) to authorize under certain conditions, the
reclassification or conversion and the disposition of lands awarded to the
Agrarian Reform Beneficiaries (ARBs). Section 4 of the Executive Order No .
129-A mandates DAR to approve or disapprove the conversion, restructuring or
readjustment of agricultural lands into non-agricultural uses. Section 5 of the
same EO authorizes DAR to have exclusive authority to approve or disapprove
conversion of agricultural land to residential, commercial, industrial, and
other uses as may be provided for by law.
Section 4 of Malacañang Memorandum Circular No. 54, s. 1993 provides
that action on application for land use conversion on individual landholdings
shall remain as the responsibility of the DAR.
What is the position of DAR on land use conversion?
DAR recognizes that: (1) Land use conversion is
necessary even inevitable/unavoidable in the country’s
march to progress; (2) Agricultural lands may have
to be given up in favor of industrial estates, commercial centers, residential
subdivisions, etc. DAR is against indiscriminate and wasteful land use
conversion and wants to preserve productive agricultural lands and other
programs implemented in the marginal agricultural areas. Productive Agricultural Lands – are lands best
suited to food, feed, forage, fiber and oilseed crops, producing the highest
yields with minimum inputs of energy and economic resources. Marginal
Agricultural Lands—are lands that are unproductive. Farming it barely meets the
cost of production. Agriculture could be carried out only in certain types of
land. Thus agricultural lands should be rightfully considered a finite natural
resource, further depletion of which would threaten national food security. In
contrast, housing and industrialization, for example require land merely for space and may therefore be implemented in lands
marginal for agriculture.
What offices
of DAR are directly involved in land use conversion?
The Center
for Land Use Policy, Planning and Implementation (CLUPPI) is mandated to
provide effective means for the expeditious resolution of protest cases,
applications for the land use conversion, exemption and exclusion of properties
from CARP coverage (AO # 2, s. 2002). The counterpart of the CLUPPI at the
field level is the Regional CLUPPI which is under the direct supervision of the
Regional Director.
Is the authority of DAR limited only to lands
awarded under CARP?
According to the Department of Justice (DOJ)
Opinion No. 44, the authority of DAR to allow conversion is not limited only to
lands awarded under CARL. It is believed to be the intention of the Agrarian
Reform (AR) Law that any conversion of private agricultural land to
non-agricultural uses should be cleared beforehand by DAR. DOJ also expressed
the view that conversions of agricultural lands covered by RA 6657 to
non-agricultural uses, the authority of DAR to approve such conversion may be
exercised from the date of the effectivity of the law.
Is DAR approval still necessary before an LGU can
expropriate agricultural lands for conversion to non-agricultural use?
No. There is
no provision in the Comprehensive Agrarian Reform Law (CARL) which expressly
subjects the expropriation of agricultural lands by local government units to
the control of the Department of Agrarian Reform.
What agricultural lands do not require conversion
clearance?
All lands
that are already classified as commercial, industrial or residential before 15
June 1988 no longer need any conversion clearance. However, the authority of
DAR to approve conversion may be exercised from the date of effectivity of the
RA 6657, 15 June 1988.
What areas are not subject to conversion?
The following are areas non-negotiable for
conversion even when some portions of the land are eligible for conversion: (1) All irrigated lands. Lands that are serviced by
natural irrigation or irrigation facilities; (2) All agricultural lands with
irrigation facilities; (3) NIPAS designated areas or National Integrated
Protected Areas System -the classification and administration of all designated
protected areas. These include areas such as national parks, game and refuge,
bird and wildlife sanctuary, wilderness, strict nature reserve, water-shed,
mangrove reserve, fish sanctuary, etc; (4) Irrigable lands covered by irrigation
projects with firm funding commitments. These are lands that have marked
characteristics justifying the operation of an irrigation system.
Why are NIPAS areas non-negotiable for conversion?
Because
NIPAS areas are intended to: (1) maintain essential ecological processes and
life support system; (2) preserve genetic diversity; (3) ensure sustainable use
of resources; and (4) maintain their natural conditions to the greatest extent
possible.
What areas are highly restricted from conversion?
(1) 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 such as: rice corn, wheat and other staples,
lettuce, cabbage, broccoli and strawberry; (2) Irrigable lands not covered by
irrigation projects with firm funding commitment; (3) Notice of land valuation
and acquisition, or subject of a perfected agreement between the landowner and beneficiaries under
Voluntary Land Transfer (VLT) Direct Payment Scheme (DPS) under the CARP; (4)
Developed-Agro-industrial croplands or lands presently planted to industrial
crops that support the economic viability of existing agricultural
infrastructure and agro-based enterprises; (5) Environmentally Critical Areas
(ECA) or those involving the establishment of an Environmentally Critical
Project (ECP). ECA are areas that are ecologically socially or geologically
sensitive as as declared by the law such as: National parks, watershed
reserves, wildlife preserve and sanctuaries; Potential tourist spots; Habitats
of endangered or threatened species of indigenous Phil plants and animals;
Unique historic, archeological or scientific interes; Traditionally occupied by indigenous people
or cultural communities; Frequently hit/visited by natural calamities; With
critical slopes of 18% and above; Classified as prime agricultural lands; Recharged
areas of aquifer; Water bodies used for domestic supply or to support fisheries
and wildlife. ECP are Project with high potential for significant impact such
as: (1) Heavy industry project involving ferrous metals; iron or steel mills;
petroleum or petro-chemicals, oil, gas, or smelting plants; (2) Resource extractive project such as major
mining or quarrying project, forestry logging project, major wood processing
introduction of fauna or exotic animals in public and private forests, forest
occupancy, extraction of mangrove products, grazing, fishery dikes, or fishpond
development Major infrastructure project such as power plant (utilizing fossil fuel,
hydroelectric, geothermal, or nuclear power), dam, reclamation, bridge or a
major road; (3) Golf course project.
What are the priority development areas for land
conversion?
(1) Proposed to be developed as sites for
processing plants of agricultural products, as certified by the Department of
Agriculture; (2) Regional Agri-Industrial Centers/Regional Industrial Centers
(RAIC/RIC) identified by the Department of Trade and Industry (DTI) and the DA
pursuant to EO-124-1993; (3) Intended for Eco-zone Projects, endorsed by
Philippine Economic Zone Authority (PEZA) such as industrial estates, export
processing zones, free trade zones and tourist/recreational centers; (4) Owned
by the government and to be converted for projects of national interest, as
certified by the proper government agency; (5) Residential/Housing Projects;
(6) Intended for telecommunication facilities endo red by the National Telecommunication
Communication; (7) Tourism Development Areas (TDA) identified by the Department
of Tourism (DOT) pursuant to EO-124-1993.
Why are these areas prioritized?
Government
needs to allot lands to be used for industrial and tourism projects towards
promoting development in the different regions of the country.
Are lands no longer productive be eligible for
conversion?
Yes. Sec. 65
of RA 6657 provides that lands which are no longer economically feasible and
sound for agricultural purposes may be allowed for conversion
Who may apply for land use conversion?
The following persons may apply for conversion: (1)
Owners of private agricultural lands or other persons duly authorized by the
landowner; (2) Beneficiaries of the agrarian reform program; and (3) government
agencies, including government-owned or controlled corporations, and LGUs,
which own agricultural lands as their patrimonial property. Patrimonial
property– and used by the municipality for other purposes such as buildings for
the storage of property of the state.
When can an ARB apply for conversion?
ARBs can
apply for conversion on the following grounds: (1) After the lapse of five (5)
years from award
calculated from the date of issuance of the
Certificate of Landownership Award (CLOA) and; (2) one who have fully paid
their obligations.
What are the documentary requirements in applying
for conversion?
Official
receipt of payment of: filing fee; inspection cost; posting of bond; Sworn
application; TCT/OCT; Tax declaration; Project Feasibility; Joint Venture
Agreement; Development Plan; Proof of Financial & Organizational Capacity;
Socio-Economic Benefit-Cost Study; Photographs of the Property; Affidavit of
Undertaking; MARO Certification; HLURB Certification; DA Certification; and
DENR Certification.
Where can the application for land use conversion
be filed?
If the land
applied for conversion is five (5) hectares and below the applicants may file
their application at the (RCLUPPI), where the Regional Director has the
approving authority. If the land applied for is larger than five (5) hectares,
the applicants may file their application at the CLUPPI with the Secretary or a
delegated Undersecretary as the approving authority.
Why is there a need for ocular inspection?
An ocular
inspection aims to determine the information on conditions necessary for an
in-depth evaluation of the application. The ocular inspection shall be
conducted on the property by the RCLUPPI/CLUPPI. The team shall verify and
evaluate the following: Coverage status of CARP of the land applied for
conversion; On-site inspection of property matches information contained in
application for land use conversion agricultural lessees, share tenants,
farmworkers, actual tillers, and/or occupants have been conducted or have been
paid; Negotiations on disturbance compensation for farmers, agricultural
lessees, share tenants, farmworkers, actual tillers, and/or occupants have been
conducted or have been paid; Zone in the land use plan of the city or
municipality where the land falls; Existence of farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, and / or occupants on the subject
land; Relevant and useful in deciding whether to approve/ disapprove the
application for conversion; Veracity of description of the property (ies)
applied for conversion, including among others the location, terrain/topography,
land cover and dominant land use of the subject land and the surrounding areas;
The Barangay Agrarian Reform Council (BARC) and the Barangay Chairman shall be
notified of the ocular inspection but their presence is not mandatory.
Who approves applications for land use conversion?
The DAR
Regional Director approves only applications involving less than or equal to 5
hectares or a fraction of the above. When an application involving lands with
an area larger than 5 hectares, the approving authority is the DAR Secretary
upon the recommendation of the CLUPPI.
What is an illegal conversion?
It is the
conversion of the landowners’ agricultural land into the following reasons:
With the intent to convert the land into any non-agricultural use and to avoid
the application of RA 6657 to its landholdings; With the intent to dispossess
the landowners’ tenant farmers; or To sell, transfer, convey or change the
nature of lands outside urban centers and city limits, either in whole or in
part, after the affectivity of RA 6657.
What are the different ways in committing illegal
conversion?
There are two ways of committing illegal
conversion: Elements of the 1st type: The offender is the Landowner; He/She
converts his/her agricultural land into non-agricultural use without authority
or clearance from DAR. The intention of the conversion is to avoid the
application of RA 6657 and to dispossess the farmers of the land tilled by
them; Elements of the 2nd type: Offender is the landowner; He/She changes the nature of the agricultural
land, in whole or in part; Land is located outside urban centers and city
limits; and Act was committed after 15 June 1988.
When is a conversion premature?
Premature
conversion is defined under Section 4 of RA 8435. It is the undertaking of any
development activity, the results of which modify or alter the physical
characteristics of the agricultural lands to render them suitable for
non-agricultural purposes without an approved Conversion Order from the DAR.
Elements of premature comversion: The land is agricultural land; The offender
may be any person; Actual development activity is undertaken on the land; The
development activity changes the physical characteristics of the land; The land
development makes the land suitable for non-agricultural purposes; and There is
no approved order of conversion from DAR.
What is unauthorized conversion?
Unauthorized
conversion is defined as changing the current use of the land from agricultural
(e.g. rice land) to another agricultural use, the effect of which is to exempt
the land from CARP coverage (e.g. livestock, poultry, aquaculture) without a
Conversion Order from the DAR, or changing the use of the land to one other
than that allowed under Conversion Order issued by the DAR. There are 2 ways to
commit unauthorized conversion. Elements of the 1st type: Offender is any
person, i.e., landowner, developer or any other person; The person changes the
current use of an agricultural land into another
agricultural purpose; The change of use was done without an order
of conversion from DAR. Elements of the 2nd type: Offender is any person, i.e.
, landowner; developer or any other person; The subject land is granted an
order of conversion for use to non-agricultural purposes; The person uses the
land to a purpose other than that allowed under the order of conversion.
Who may be held liable?
(1)
Any landowner or developer, who commits any act
that constitutes illegal, premature or unauthorized conversion, including,
their accomplices and accessories if any. (2) If the offender is a corporation
or an association, the officer responsible shall be held liable.
Who
constitute the National Task Force on Illegal Conversion?
(1) DAR
Assistant Secretary for Legal Affairs; (2) Representatives from DAR designated
by the DAR Secretary; (3) 3 Representatives from DOJ designated by the DOJ
Secretary.
What are the
penalties and sanctions for illegal, premature and unauthorized conversion?
Prohibited
acts and omissions for illegal and premature conversion may be administrative
or criminal in nature. However, for unauthorized conversion, violator may be
sanctioned administratively only.
What violations are given administrative sanctions?
Violations
to administrative issuances such as executive orders, administrative orders,
memorandum circulars, department opinions relative to the implementation of the
agrarian reform program are grounds for administrative cases.
What administrative sanctions may be imposed on
violators?
The DAR may
impose any or all of the following sanctions after determining that a violation
has been committed: (1) Revocation or withdrawal of the authorization for land
use conversion; (2) Blacklisting of the applicant, developer or representative;
(3) Automatic disapproval of pending and subsequent conversion applications
that the offender may file with the DAR; (4) Issuance of cease and desist order
by the Secretary or Regional Director, as the case may be, upon verified
reports that premature, illegal or unauthorized conversion activities are being
undertaken for; (5) Forfeiture of cash bond or performance bond.
What penalties are imposed on violations criminal
in nature?
The
following violations are identified with the corresponding punishment: Section
73 ©, (e) and 74 of RA 6657 - Imprisonment of not less than one (1) month to
not more than three (3) years or a fine of not less than fifteen thousand (P
15, 000.00) pesos, or both, at the discretion of the court; Premature or
illegal conversion under RA 8435 - Imprisonment from 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.
What constitutes a land use conversion order?
A valid Land
Use Conversion Order (or its denial) contains the following information: (1)
Land Use Conversion Case Number; (2) OCT/TCT numbers and corresponding lot
numbers. In case of untitled lands, the lot numbers and corresponding survey
plan numbers; (3) Names of all registered landowners for each parcel of land; (4)
Name of applicant or representative, if the applicant is not the landowner; (5)
Name of developer; (6) Proposed use of the land; (7) Total area applied for
conversion; (8) Total area approved or disapproved for conversion; and (9) Date
of approval or denial of the order.
What conditions that form part of the conversion
order?
Commence development on the property approved for
conversion within one (1) year from receipt of the Conversion Order by the
applicant. Landowner and/or developer shall complete development not later than
the deadline(s) set forth in its site development plan schedule, but in no
case shall development extend beyond
five (5) years from issuance of the Conversion Order; Only approved specific
use on the property should be followed. The landowner and future landowner(s)
of the property
approved for conversion shall not change its use to
another use not authorized under the Conversion Order without prior consent
from the DAR. This prohibition extends to changes in housing standards, changes
in selling schemes, changes form social housing to open market housing or
vice-versa, and all other similar changes; Not a ground for eviction. Any
person who desires to evict occupants on the basis of the Conversion Order
shall invoke other meritorious grounds and file the proper action; Disturbance
compensation should be paid to the affected farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, or occupants, in such amounts or
kinds as the parties may mutually agree upon, subject to the approval of the
DAR within sixty (60) days from receipt of the Conversion Order by the
landowner, solidarity with his co-owners(s) and developer(s); Title of the property
to be annotated by the Register of Deeds regarding the land use allowed under
the Conversion Order within 30 days from receipt of the Order and the certified
true copy to be returned to CLUPPI or RCLUPPI within 60 days from receipt of
the Order; If applicable (for housing projects, the landowner shall secure an
Environmental Compliance Certificate (ECC), prior to the undertaking of any
development therein; Order can be revoked by DAR upon valid grounds and after
proper investigation; No development until all the applicable permits and
clearances from the other concerned government agencies have been granted;
Status reports on the development covering the property shall be submitted to
the MARO, PARO, and Regional Office quarterly; Performance bond shall be posted
within five (5) days from receipt of Conversion Order; Allow DAR officials free
and unhampered access into the property approved for conversion for the purpose
of monitoring compliance with the terms and conditions of the order.
When the application for conversion has been
approved, what does it mean?
The approval
of an application for conversion has the following effects: (1) The use of the
land is limited to that specified in the Conversion Order; (2) It should be
subject to the schedule indicated in the detailed site development, work and
financial plans. The period of development does not extend five (5) years from
issuance of the Conversion Order except as authorized by the Secretary or
approving official on meritorious grounds; (3) The conditions are binding upon
successors-in-interest of the property; (5) The applicant allows duly
authorized representatives of DAR free and unhampered access to the property
subject of the Conversion Order to monitor compliance with the terms and
condition thereof; (6) The use authorized in the Conversion Order is annotated
on the title of the subject property; and (7) It is without prejudice to the
ancestral domain claims of indigenous peoples, if any, pursuant to RA 8371 or
the “Indigenous Peoples Rights ACT”.
Who receives a copy of the land use conversion
order?
The Order of
Approval /Denial as well as the entire Land Use Conversion Folder (LUCF), is
forwarded to the Records Division (Regional and Central Offices) which
distributes copies of the Order to the following parties and keeps custody of
the LUCF: (1) The concerned landowner/applicant; (2) The concerned DAR Regional
Director; (3) The concerned PARO; (4) The concerned MARO; (5) The Commissioner
of the HLURB for applications approved at the DAR Central Office or the Regional
Officer of the HLURB for applications approved at the DAR Regional Office; The
Executive Director of the CLUPPI (6) The Registry of Deed of the locality
wherein the area applied for conversion is located, among others; (7) The
Director, Environment Management Bureau of DENR; and (8) DAR Central Office
Records Division
When is a land use conversion order considered
final and executory?
The
Conversion Order or its denial becomes final and executory after: (1) All
parties are able to receive a copy of the Order; (2) The lapse of fifteen (15)
calendar days from receipt by the party who last receives a copy of the Order;
and (3) No motion for reconsideration or appeal has been filed. The Head of the
Legal Division of the Regional Office or the Bureau of Agrarian Legal Assistance
(BALA) Director, as the case may be, issues the appropriate Certificate of
Finality.
Who may file
a protest?
Persons
affected by the proposed land use conversion, such as: (1) Identified
beneficiaries; (2) Farmers; (3) Agricultural lessees; (3) Share tenants; (4)
Actual tillers; (5) Occupants or residents of adjoining; properties or
communities.
When can a protest be filed?
A protest
may be filed within thirty (30) days from posting of the requisite billboard(s)
or within fifteen (15) days from conduct of ocular inspection, whichever is
later. For applications involving housing projects under EO-45-2001, the
protest period is within seventeen (17) days from posting of the requisite
billboard(s) or within five (5) days from conduct of ocular inspection,
whichever is later.
Can an ARB still file a protest if the prescribed
period for filing has lapsed?
An oppositor who is an identified Agrarian
Reform-Beneficiary (ARB) of the land applied for conversion, and who fails to
file a written protest within the protest period due to fraud, accident,
mistake, or excusable neglect, may intervene at any time while the application
is still pending.
Where can a protest be filed?
Protests
against the application for conversion can be filed with the PARO and/or
RCLUPPI and/or CLUPPI, as the case may be, personally, if feasible. An
oppositor who files a protest before the PARO shall do so personally and not by
mail.
What should be the action of the PARO for protests
filed in his office?
Upon receipt
of a protest, the PARO, before the end of the next working day, communicates
with the RCLUPPI/CLUPPI by telephone or text message, to inform the members of
such protest, and send a corresponding telegram and/or radiogram which serves
as written proof of compliance with the protest notification requirement.
Within four (4) working days from receipt of the protest, the PARO transmits
the protest, by courier or special delivery, to the RCLUPPI/CLUPPI the original
copy of the protest itself, and keeps a photocopy in his custody.
If I filed a protest against an application for
conversion, am I allowed to examine the documents of application for
conversion?
Any
interested person or his duly authorized representative or counsel may request
from the CLUPPI/RCLUPPI or PARO/MARO a copy of the application, including all
relevant attachments. However, the DAR inter-office endorsement/recommendation
and other documents as set forth in DAR MC-25-1995 are not to be included. The
CLUPPI/RCLUPPI is not allowed to divulge its recommendation so as not to
pre-empt the final decision of the proper approving authority.
What are considered valid grounds for protest?
Protests
against the application and denial for land conversion may be instituted or
founded on any of the following grounds: Misrepresentation or concealment of
facts material to the application for conversion; adverse or negative effects
of the displacement to be caused by the proposed conversion far outweigh the
social and economic benefits to the affected communities; Illegal or premature
conversion; Non-negotiable for conversion area; and 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; Application for conversion is in violation of agrarian laws, rules
and regulations as well as other applicable statutes and other administrative
issuances; roof of evidence that conversion was used as means to avoid CARP
coverage and to dispossess the tenant farmers of the land tilled by them.
Who resolves the protest?
The
approving authority resolves the protest simultaneously with the application
for conversion. Whenever necessary, the approving authority may, or upon motion
by any oppositor, issue a Cease and Desist Order (CDO). Approving Authority:
The Regional Director approves applications involving lands five (5) hectares
and below The Secretary approves applications with areas above five (5)
hectares.
What is the prescribed period in filing a motion
for reconsideration?
A party may
file only one (1) motion for reconsideration of the decision, resolution, or
final order of the Regional Director or Secretary, and may do so only
within a non-extendible period of fifteen (15) calendar days from receipt of
the challenge decision, resolution, or final order. A timely motion for
reconsideration by the proper party shall postpone the execution of the
challenged decision, resolution or final order.
Who may file an appeal?
Only the
aggrieved party or parties who is/are either the applicant(s) or protestor(s),
or both, or their successor(s)-in-interest, may appeal the decision,
resolution, or final order of the Regional Director or Secretary within the
periods prescribed. The appellant(s) furnish/es copies of the appeal pleadings
to all
parties and to the RCLUPPI, Regional Director,
CLUPPI, and Secretary.
What is the prescribed period for filing appeals?
The appellant(s)
may perfect his/their appeal within a non-extendible period of fifteen (15)
calendar days from receipt of the decision, resolution, or final order of the
approving authority. The moment DAR loses jurisdiction over a case by reason of
an appeal to the Office of the President (OP), the applicable rules of the OP
then governs the appeal.
Who represents DAR in appeals to the Office of the
President & to the Court of Appeals?
The Secretary represents DAR in all appeals to the
Office of the President. The Office of the Solicitor General (OSG) represents
DAR in all appeals to the Court of Appeals. Alternatively, the OSG may deputize
any DAR lawyer to represent the DAR in said appeals.
Who may file
a petition to revoke or withdraw a conversion order?
Any person
may file a petition to revoke, and the landowner may file a petition to
withdraw the Conversion Order before the approving authority within ninety (90)
days from discovery of facts warranting revocation or withdrawal, but not more
than one (1) year from issuance of the Conversion Order. When the petition
alleges any of the grounds enumerated, the filing period shall be within (90)
days from discovery of such facts but not beyond the development period
stipulated in the Conversion Order. Within
DAR, only the Secretary may resolve petitions that question the jurisdiction of
the recommending body or approving authority.
What are the conditions that can lead to the revocation
of a conversion order?
The
following acts or omissions shall warrant revocation of the Conversion Order: (1)
Lack of jurisdiction of the approving authority; (2) Misrepresentation or
concealment of facts material to the grant of conversion; (3) Non-compliance
with the conditions of the Conversion Order; (4) Non-compliance with the
agreement on disturbance compensation payment; (5) Conversion to a use other
than that authorized in the Conversion, or any other serious violation of
agrarian laws.
What are the procedures in the revocation or withdrawal
of a conversion order?
Upon receipt of the petition, the approving authority
shall order the respondent(s) to file a comment within fifteen (15) days from
receipt of said order. (1) The proceedings shall be non-litigious in nature.
Except for basic essential requirements of due process, the approving authority
shall avoid strict application of procedural technicalities and rules governing
admissibility and sufficiency of evidence obtaining in judicial courts. (2) The
approving authority shall undertake reasonable means to find out the facts of the
controversy, including a thorough examination of witnesses in question, as may
be necessary. (3) The approving authority shall render a decision on the merits
of the case within thirty (30) from the time the case deemed submitted for
resolution.
What is the effect of the revocation or withdrawal
of a conversion order?
The subject
land reverts to the status of agricultural lands and is subject to CARP coverage.
Source:
BATAS The
Paralegals’ Guidebook on Agrarian Reform Laws, 2003
(Volume
5-Chapter 2 and 3)
Department of Agrarian Reform
Elliptical Road, Diliman, Quezon City, Philippines
