Current Status and Challenges
Continued Unauthorized Conversions: Despite existing regulations, instances of illegal land conversions persist. These unauthorized activities often involve the premature development of agricultural lands for residential or commercial purposes without securing the required conversion orders from the Department of Agrarian Reform (DAR). Such practices threaten food security and undermine agrarian reform efforts.
Legislative Efforts: The proposed National Land Use Act (NLUA), aimed at harmonizing land use policies and providing a comprehensive framework for land use planning, remains pending in the Senate as of May 2025. The absence of this law contributes to inconsistencies in land use decisions and enforcement across different regions.
DAR's Enforcement Measures: The DAR has intensified its efforts to curb
illegal land conversions by issuing cease and desist orders, conducting site
inspections, and initiating legal actions against violators. For instance, in
the Zamboanga Peninsula, the DAR has taken steps to prevent premature and
unauthorized land conversions.
Legal Framework
Under the Comprehensive Agrarian Reform Law (Republic Act No. 6657), specifically Section 65, the conversion of agricultural lands to non-agricultural uses requires prior approval from the DAR. Unauthorized conversions are considered illegal and are penalized under Section 73 of the same law. The 2002 Comprehensive Rules on Land Use Conversion further define illegal conversion as the act of changing the current use of agricultural land into non-agricultural uses without the required order of conversion from the DAR.
The Department of Agrarian Reform (DAR) has implemented significant updates to its land use conversion policies through Administrative Order (AO) No. 03, Series of 2021, and its amendment AO No. 03-A. These revisions aim to streamline the conversion process, enhance transparency, and strengthen enforcement against unauthorized conversions.
🔑 Key Provisions of DAR AO No. 03 & 03-A (Series of 2021)
1. Streamlined Application Process
Digital Filing: Applicants can now submit land use conversion applications electronically, reducing the need for physical submissions and expediting the process.
Reduced Bureaucracy: The requirement for clearances from agencies like the Department of Agriculture (DA), National Irrigation Administration (NIA), and Department of Environment and Natural Resources (DENR) has been removed. DAR now solely evaluates conversion applications, significantly shortening processing times.
2. Enhanced Enforcement Against Illegal Conversions
Mandatory Conversion Order: Changing the use of agricultural land without a DAR-issued conversion order is explicitly prohibited. Unauthorized conversions are considered illegal and are subject to penalties under Section 73 of the Comprehensive Agrarian Reform Law (RA 6657).
Performance Bond Requirement: Applicants must post a performance bond to deter premature land development before obtaining official conversion approval.
Public Notice: Applicants are required to install visible billboards (4x8 feet) on the property, informing the public of the pending conversion application. This measure promotes transparency and allows for community feedback.
3. Protection of Agricultural Lands
Non-Negotiable Areas: Certain lands, such as those under the National Integrated Protected Areas System (NIPAS), mossy and virgin forests, riverbanks, and swamp forests, are strictly non-convertible to preserve ecological balance and food security.
Highly Restricted Areas: Lands with Notices of Land Valuation and Acquisition or those under Voluntary Land Transfer/Direct Payment Scheme agreements are highly restricted from conversion to protect the rights of agrarian reform beneficiaries.
4. Specific Rules for CLOA Lands
Five-Year Cultivation Rule: Agrarian reform beneficiaries must cultivate the land for at least five years before applying for conversion. Additionally, the land must be fully paid, and the area should have become urbanized or no longer economically viable for agriculture.
Ten-Year Alienation Restriction: Even after conversion, CLOA lands cannot be sold or transferred to non-qualified individuals within ten years from the registration date without DAR clearance.
These updated rules reflect DAR's commitment to balancing agricultural
land preservation with the country's developmental needs. By streamlining
procedures and enforcing stricter regulations against illegal conversions, the
department aims to protect agrarian reform beneficiaries and ensure sustainable
land use.
Implications
Illegal land use conversions have far-reaching implications, including
the displacement of farmers, loss of agricultural productivity, and threats to
food security. The continued vigilance of regulatory bodies, coupled with the
enactment of comprehensive land use legislation, is crucial in addressing these
challenges.
Sources:
[6]:
https://media.dar.gov.ph/source/2021/07/06/ao-03-amending-certain-provisions-of-the-comprehensive-rules-on-land-use-conversion-under-dar-ao-no-1-series-of-2002-and-certain-provisions-on-dar-ao-no-1-series-of-2019-and-dar-ao-no-6-series-of-2019-to.pdf?utm_source=chatgpt.com
"[PDF] administrative order no. 03 - Department of Agrarian Reform"
