SPECIAL ORDER NO. 832-03
SUBJECT : Addendum to the Special Order No. 823 Reconstituting Center for Land Use Policy, Planning and Implementation (CLUPPI) Secretariat
In view of the newly signed Special Order No. 823 reconstituting the CLUPPI Secretariat, this Office would like to further reiterate and clarify the issues and concerns attendant to the issuance of the said Order. IaAScD
DAR Administrative Order No. 1, Series of 2002, states that, "the Secretary shall approve or disapprove the recommendations of the CLUPPI on conversion applications involving more than five (5) hectares." While the CLUPPI participates in the processes or procedures involved in conversion cases, its actions thereon are always subject to review by the Secretary who may accept or reject such cases. His decision prevails over that of the CLUPPI recommendation. His action is not to be deemed a mere dissent but as a final act on the case on the first instance.
Hence as an addendum, all conversion cases involving five (5) hectares and below pending before the CLUPPI Secretariat shall be forwarded to RCLUPPI of Region IV notwithstanding its status for proper evaluation and disposal of the said cases.
The Office of the Secretary may gain jurisdiction and dispose conversion and exemption cases determined as flash point cases and cases involving priority development projects. Conversion and Exemption applications intended for housing purposes shall be considered as top priority development projects as explicitly stated in Executive Order No. 45. It should be noted that E.O. 45 has prescribed specific timeframe for the issuance of certifications related to housing projects, and DAR Administrative Order No. 1 Series of 2002 provides a timeframe for the resolution of all conversion and exemption cases which is 70 calendar days for housing projects, 110 calendar days for priority development projects and 130 calendar days for all other projects. The CLUPPI is given only 30 calendar days to process, evaluate, deliberate and prepare draft orders. This office therefore may acquire jurisdiction notwithstanding its status, over cases lodged at CLUPPI where the 30 calendar days period had already lapsed including cases covered by previous Administrative Orders. This is without prejudice to the imposition of administrative sanctions as stipulated in DAR Administrative Order No. 1, Series of 2002 and DAR Administrative Order No. 4, Series of 2003.
Further, the Records Office is hereby directed to immediately set aside a separate color-coded registry return cards for all cases disposed of by the Office of the Secretary. Furthermore, the two (2) CLUPPI Secretariats shall likewise exercise the power to accept new applications specifically lodged within their respective jurisdiction. HSaIET
This Order takes effect immediately.
Done this 03 day of November, 2003, Diliman, Quezon City.
(SGD.) ROBERTO M. PAGDANGANAN