Illegal land use conversion remains a significant
concern in the Philippines, particularly regarding the unauthorized
transformation of agricultural lands into non-agricultural uses without the
necessary approvals.
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:
[1]
https://www.panaynews.net/dar-warns-against-premature-illegal-land-conversion-in-wv/?utm_source=chatgpt.com
"DAR warns against premature, illegal land conversion in WV"
[2]
https://www.lawyer-philippines.com/articles/land-use-conversion-for-cloa-title?utm_source=chatgpt.com
"Land Use Conversion for CLOA Title - Respicio & Co."
[3]
https://pia.gov.ph/dar-intensifies-legal-measures-vs-agricultural-land-conversion/?utm_source=chatgpt.com
"DAR intensifies legal measures vs agricultural land conversion"
[4]:
https://www.bworldonline.com/economy/2021/07/19/383521/dar-allows-digital-filing-of-land-conversion-applications/?utm_source=chatgpt.com
"DAR allows digital filing of land conversion applications"
[5]:
https://creba.ph/new-land-conversion-rules-to-boost-economic-recovery/?utm_source=chatgpt.com
"New Land Conversion Rules to Boost Economic Recovery - CREBA"
[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"
[7]:
https://www.scribd.com/document/612805337/Partially-Revised-By-AO-3-s-2021-Comprehensive-Rules-on-Land-Use-Conversion-FINAL?utm_source=chatgpt.com
"Partially Revised-By AO 3 S 2021 Comprehensive Rules On Land ..."
[8]:
https://www.lawyer-philippines.com/articles/land-use-conversion-for-cloa-title?utm_source=chatgpt.com
"Land Use Conversion for CLOA Title - Respicio & Co."