DAR ADMINISTRATIVE ORDER NO. 15-89

SUBJECT    :     Procedures for the Conversion of Untenanted Lands Located within the Non-Agricultural Zones as Embodied in the Land Use Plans of Cities/Municipalities

I.          Prefatory Statement

The guiding principle for the policies on conversion shall be the prevention of indiscriminate conversion of agricultural lands to non-agricultural uses which may lead to the diminution of CARP coverage and the undue displacement of tenant beneficiaries. However, conversion shall be pursued in a speedy and judicious manner in order to achieve the objectives of encouraging industrialization and promoting the optimum use of land as a national resources for public welfare.

II.         Policy Statement

The Secretary shall ipso facto issue a general order declaration agricultural lands as converted to non-agricultural uses if:

1.         These are untenanted and located within the residential commercial, or industrial zones as embodied in the land use plans of capital towns, cities and highly urbanized/industrialized municipalities already approved by the Housing and Land Use Regulatory Board (HLURB) as of the date of this order;

2.         These are untenanted but outside the residential commercial or industrial zones; if the land is intended as government project or a joint venture government-private sector project, provided that the change in land use is supported by a city/town ordinance duly concurred by the HLURB;

3.         These are awarded lands, and have satisfied Section 65 of R.A. 6657 which provides:

"After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That the beneficiary shall have fully paid his obligation";

4.         These have not been applied under. a) Voluntary Offer to Sell (VOS), b) Stock Distribution Option, and c) Voluntary Land Transfer (VLT); and

5.         These have not been covered by a notice of compulsory acquisition, except in cases where the conversion applied for pertains to the landowner's retained area.

III.       Procedure

1.         The HLURB shall submit to the DAR zoning ordinances approved as of the date of this order implementing land use plans of capital towns, cities and highly urbanized/industrialized municipalities.

2.         The Secretary shall issue a general conversion order.

3.         The Provincial Agrarian Reform Officer (PARO) shall, upon receipt of the Secretary's general version order

a.         Issue a certification to the applicant/developer upon request, that his land is covered under the general conversion order issued by the Secretary, provided that the land subject of the conversion application is not being contested by tenants, in which case the PARO shall not issue a certification until such conflict has been settled.

For this purpose, owners of land covered under the Secretary's general conversion order shall file his request for certification in prescribed form with the PARO, enclosing the following:

i)         certified xerox copy of title(s);

ii)        location plan;

iii)       certification of the Municipal Agrarian Reform Officer (MARO) that there are no tenants/farmworkers on the land;

iv)        certification of the Zoning Administrator of the city/town/municipality concerned that the land is inside the proper zone of the city/town; and

v)         certification of the DAR office concerned that the area in question satisfied the provisions of Section II above.

b.         Furnish copy of certification to.

i)         The Secretary;

ii)        The Director, Bureau of Land Development (BLD);

iii)       The Regional Director concerned; and

iv)        The Municipal Agrarian Reform Officer concerned.

4.         The BLD shall monitor the implementation of this Order and submit periodic reports to the Secretary relative thereto.

IV.       This Order amends Section VII of Administrative Order No. 15, Series of 1988, accordingly.

V.        This Order takes effect ten (10) days after publication in two (2) newspapers of general circulation pursuant to Section 49 of R.A 6657.

Diliman, Quezon City, 06 November 1989.

(SGD.) MIRIAM DEFENSOR SANTIAGO

Secretary