August 2, 2007
DAR ADMINISTRATIVE ORDER NO. 05-07
SUBJECT : Amendments to the 2002 Comprehensive Rules on Land Use Conversion
Towards keeping abreast with the needs of the changing times, to remain effectively capable of confronting any calamity or other form of emergency, and, to avoid said administrative order from constituting a hindrance to effective rendition of public service and catering to the urgent needs of the populace, DAR Administrative Order No. 1 dated February 28, 2002, entitled, "2002 Comprehensive Rules on Land Use Conversion" is hereby amended, to wit: AEScHa
SECTION 1. Section 3 (3.1) of Article II, On Coverage, of DAR Administrative Order No. 01, Series of 2002, is hereby amended to read as follows:
"Section 3. Applicability of Rules. — These guidelines shall apply to all applications for conversion, from agricultural to non-agricultural uses or to another agricultural use, such as:
"3.1. Conversions into residential, commercial, industrial, institutional and other non-agricultural purposes EXCEPT WHEN IT IS STRICTLY FOR THE CONSTRUCTION OF CHURCHES AND OTHER PLACES OF WORSHIP, INCLUSIVE OF A SPACE FOR USE AS CHURCHYARD, THE LATTER NOT TO EXCEED MORE THAN ONE-HALF OF THE REASONABLE AREA NEEDED FOR THE CONSTRUCTION OF THE CHURCH. FOR THE PURPOSE AND SUBJECT ONLY TO THE PROVISIONS OF SECTION 4 HEREOF, ON AREAS NON-NEGOTIABLE FOR CONVERSION, CLEARANCE FROM THE PROVINCIAL AGRARIAN REFORM OFFICER OF THE PARTICULAR PROVINCE SHALL BE NECESSARY BUT SAME SHALL BE PROPERLY MONITORED AND REPORTED BY SAID OFFICIAL TO THE DAR SECRETARY WITHIN A PERIOD OF TEN (10) DAYS FROM THE ISSUANCE OF CLEARANCE, WITH FINAL REPORT TO BE SUBMITTED NOT LATER FIVE (5) DAYS FROM THE DATE OF COMPLETION OF THE PROJECT.
"xxx xxx xxx"
SECTION 2. Section 6.2 of DAR Administrative Order No. 01, Series of 2002, is hereby amended to read as follows: SEAHcT
"Section 6.2. Housing projects are priority development projects for land conversion that shall follow the fast-tracking scheme prescribed under EO-45-2001. When the application involves a mixed use of housing and non-housing projects, the application shall not enjoy the privileges of housing projects unless at least eighty percent (80%) of the land applied for conversion shall be used directly and exclusively for housing. NO CONVERSION ORDER IS NECESSARY WHERE THE CONSTRUCTION OF HOUSES/SHELTER IS ONLY INTENDED TO MEET THE EXIGENCIES OF A CALAMITY IN A NATIONALLY DECLARED CALAMITY AREA. HOWEVER, CLEARANCE SHALL BE SECURED FROM THE MUNICIPAL AGRARIAN REFORM OFFICER OF THE LOCALITY, WHO SHALL MONITOR THE ACTIVITY, WITH REPORT TO THE DAR SECRETARY WITHIN TEN (10) DAYS FROM THE COMMENCEMENT THEREOF AND A FINAL REPORT, NOT LATER THAN FIVE (5) DAYS FROM ITS DATE OF COMPLETION. IN NO CASE, HOWEVER, SHALL THE DURATION OF THE TEMPORARY USE THEREOF FOR SHELTER/HOUSING FACILITIES EXCEED ONE (1) YEAR FROM THE DATE OF DECLARATION OF NORMALCY.
SECTION 3. Any existing issuances or orders inconsistent herewith are hereby revoked or modified accordingly.
SECTION 4. This takes effect ten (10) days after publication in at least two national newspapers of general circulation.
DONE at Quezon City, Metro Manila, on this 2nd day of August, in the Year of Our Lord, Two Thousand and Seven.
(SGD.) NASSER C. PANGANDAMAN
Published in The Manila Times on August 6, 2007.