October 24, 1994
DAR ADMINISTRATIVE ORDER NO. 12-94
SUBJECT : CONSOLIDATED AND REVISED RULES AND PROCEDURES GOVERNING CONVERSION OF AGRICULTURAL LANDS TO NON-AGRICULTURAL USES
I. PREFATORY STATEMENT
The guiding principle on land use conversion is to preserve prime agricultural lands. On the other hand, conversion of agricultural lands, when coinciding with the objectives of the Comprehensive Agrarian Reform Law to promote social justice, industrialization, and the optimum use of land as a national resource for public welfare, shall be pursued in a speedy and judicious manner.
To operationalize these principle, and by virtue of Republic Act (R.A.) No. 3844, as amended, Presidential Decree (P.D.) No. 946, Executive Order (E.O.) No. 129-A and R.A. No. 6657, the Department of Agrarian Reform (DAR) has issued several policy guidelines to regulate land use conversion. This Administrative Order consolidates and revises all existing implementing guidelines issued by the DAR, taking into consideration, other Presidential issuances and national policies related to land use conversion.
II. LEGAL MANDATE
A. The Department of Agrarian Reform (DAR) is mandated to "approve or disapprove applications for conversion, restructuring or readjustment of agricultural lands into non-agricultural uses," pursuant to Section 4(J) of Executive Order No. 129-A Series of 1987.
B. Section 5(1) of E.O. No. 129-A, Series of 1987 , vests in the DAR, exclusive authority to approve or disapprove applications for conversion of agricultural lands for residential, commercial, industrial, and other land uses.
C. Section 65 of R.A. No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, likewise empowers the DAR to authorize under certain conditions, the reclassification or conversion of agricultural lands.
D. Section 4 of Memorandum Circular No. 54, Series of 1993 of the Office of the President, provides that "action on application for land use conversion on individual landholdings shall remain as the responsibility of the DAR, which shall utilize as its primary reference, documents on the comprehensive land use plans and accompanying ordinances passed upon and approved by the local government units concerned, together with the National Land Use Policy, pursuant to R.A. No. 6657 and E.O. No. 129-A."
III. DEFINITION OF TERMS
A. Agricultural land refers to land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land (Section 3(c), R.A. No. 6657).
B. Conversion is the act of changing the current use of a piece of agricultural land into some other use.
C. Reclassification of agricultural lands is the act of specifying how agriculture lands shall be utilized for non-agricultural uses such as residential, industrial, commercial, as embodied in the land use plan. It also includes the reversion of non-agricultural lands to do agricultural use.
D. Comprehensive Development Plan refers to a document embodying specific proposals for guiding, regulating growth and/or development. Its main components are the sectoral plans i.e., socio-economic, infrastructure, local administration, land use plan.
E. Comprehensive Land Use Plan refers to a plan which includes a land use map, the factors indicating the socially desired mix of land uses and a set of policies to guide future development.
F. Zoning is the delineation/division of a city/municipality into functional zones where only specific land uses are allowed. It directs and regulates the use of all lands in the community in accordance with an approved or adopted land use plan for the city/municipality. It prescribed setback provisions, minimum lot sizes, building heights and bulk.
G. Zoning Ordinance is a local legal measure which embodies regulations affecting land use.
H. Private Agricultural Lands are lands devoted to or suitable to agriculture, as defined in R.A. No. 6657 and owned by natural or juridical persons, or by the government in its proprietary capacity.
IV. WHO MAY APPLY FOR CONVERSION
A. Owners of private agricultural lands or other persons duly authorized by the landowner.
B. Farmers beneficiaries of the Agrarian Reform Program after the lapse of five (5) years from award, reckoned from the date of registration of their landholdings, and who have fully paid their obligations and are qualified under these rules, or persons duly authorized by them.
C. Government agencies, including government-owned or controlled corporations.
V. COVERAGE
These rules shall cover all private agricultural lands as defined herein regardless of tenurial arrangement and commodity produced. It shall also include agricultural lands reclassified by LGUs into non-agricultural uses, after June 15, 1986, pursuant to Memorandum Circular (M.C.) No. 54, Series of 1993 of the Office of the President and those proposed to be used for livestock, poultry and swine raising as provided in DAR Administrative Order No. 9, Series of 1993.
VI. POLICIES AND GOVERNING PRINCIPLES
A. DAR's primary mandate is to acquire and distribute agricultural lands to as many qualified beneficiaries as possible.
B. DAR acknowledges the need of society for other uses of land, but likewise recognizes the need for prudence in the exercise of its authority to approve conversions and hereby adopts the following criteria as bases for the approval of applications for conversion:
1. Agricultural lands classified or zonified for non-agricultural uses by LGUs and approved by the HLRB before June 15, 1988, shall be governed by DAR Administrative Order No. 6, Series of 1994.
2. Conversion may be allowed if at the time of the application, the lands are reclassified as commercial, industrial and residential in the new or revised town plans promulgated by the local government unit (LGU) and approved by the Housing and Land Use Regulatory Board (HLRB) or by the Sangguniang Panlalawigan (SP) after June 15, 1988 in accordance with Section 20 of R.A. No. 7160, as implemented by M.C. No. 54, and Executive Order No. 72 Series of 1993 of the Office of the President.
3. If at the time of the application, the land still falls within the agricultural zone, conversion shall be allowed only on the following instances:
a) when the land has ceased to be economically feasible and sound for agricultural purposes, as certified by the Regional Director of the Department of Agricultural (DA); or
b) when the locality has become highly urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, as certified by the local government unit.
4. If the city/municipality does not have a comprehensive development plan and zoning ordinance duly approved by HLRB/SP but the dominant use of the area surrounding the land subject of the application for conversion is no longer agricultural, or if the proposed use is similar to, or compatible with the dominant use of the surrounding areas as determined by the DAR, conversion may be possible.
5. In all cases, conversion shall be allowed only if DENR issues a certification that the conversion is ecologically sound.
C. Conversion for selected Regional Agro-industrial Centers, Tourism Development. Area and sites for socialized housing shall be processed under Joint NEDA-DAR Memorandum Circular No. 1. Series of 1993 issued pursuant to Executive Order No. 72, Series of 1993 of the Office of the President.
D. Pursuant to Administrative Order No. 20 Series of 1992 (Interim Guidelines on Agricultural Land Use Conversion) and M.C. No. 54, Series of 1993 of the Office of the President, the following are non-negotiable for conversion:
1. All irrigated lands where water is available to support rice and other crop production.
2. All irrigated lands where water is not available for rice and other crop production but within areas programmed for irrigation facility rehabilitation by the Department of Agricultural (DA) and National Irrigation Administrative (NIA).
3. All irrigable lands already covered by irrigation projects with firm funding; commitments at the time of the application for land use conversion or reclassification.
E. No application for conversion shall be given due course if 1) the DAR has issued a Notice of Acquisition under the compulsory acquisition (CA) process; 2) Voluntary Offer to Sell (VOS) or an application for stock distribution covering the subject property has been received by DAR; or 3) there is already a perfected agreement between the landowner and the beneficiaries under Voluntary Land Transfer (VLT).
F. In all cases of petitions for conversion resulting the displacement of farmer-beneficiaries, such beneficiaries shall be entitled to a disturbance compensation, which should not be less than five (5) times the average of the annual gross value of the harvest on their actual landholdings during the last five (5) preceding calendar years. In addition, the DAR shall exert all efforts to see to it that free homelots and assured employment for displaced beneficiaries are provided by the applicant/developer.
G. To prevent circumvention of coverage under the CARP, conversion shall be granted only upon evidence that the project to be established therein is viable and beneficial to the community affected and that the land development phase of the area will be completed within one (1) year after the issuance of the Order of Conversion where the area is five (5) hectares or less. Should the area exceed five (5) hectares, an additional year shall be allowed for every five (5) hectares or a fraction thereof but in no case shall the completion of development extend beyond five (5) years from the issuance of the Order of Conversion.
VII. DOCUMENTARY REQUIREMENTS
A. Requirements for all applicants:
1. Application for Conversion (Land Use Conversion (LUC) Form No. 1, Series of 1994).
2. Special Power of Attorney, if the petitioner is other than the owner of the land
3. True copy of Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) certified by the Register of Deeds
4. Location Plan, Vicinity Map of the Land and Area Development Plan including Work and Financial Plan, statement of justification of economic/social benefits of the project and recent photographs of the property being applied for conversion
5. Proof of financial and organizational capability to develop the land, such as:
a. Profile of developer, including details of past or current development projects
b. Financial Statements duly authenticated by a certified public accountant
c. Articles of Incorporation or Partnership, if the applicant/developer is a corporation or partnership
6. Zoning certification from the HLRB Regional Officer when the subject land is within a city/municipality with a land use plan/zoning ordinance approved and certified by the HLRB (LUC Form No. 2, Series of 1994)
7. Certification of the Provincial Planning and Development Coordinator that the proposed use conforms with the approved land use plan when the subject land is within a City/Municipality which a land use plan/zoning ordinance approved by the Sangguniang Panlalawigan (SP). The certification should specify the SP Resolution Number and the date of the approval of the land use plan. (LUC Form No. 3, Series of 1994)
8. Certification from the Regional Irrigation Manager of the National Irrigation Administration (NIA) (LUC Form No. 4, Series of 1994) or the President of the cooperative or irrigator's association, if the system is administered by a cooperative or association (LUC Form No. 4-A, Series of 1994) on whether or not the area is covered under AO No. 20, Series of 1992 of the Office of the President.
9. Certification from the DENR Regional Executive Director concerned that the proposed conversion is ecologically sound (LUC) Form No. 5, Series of 1994)
10. Additional requirements if at the time of the application the land is within the agricultural zone:
a. Certification from the DA Regional Director concerned that the land has ceased to be economically feasible and sound for agricultural purposes (LUC Form No. 6, Series of 1994) or
Certification from the local government unit that the land or locality has become highly urbanized and will have greater economic value for commercial, industrial and residential purposes (LUC Form 7, Series of 1994)
b. Municipal/city resolution favorably indorsing the application for conversion
B. Additional requirements when the applicant is a beneficiary of the agrarian reform program:
1. Certification from DAR that the applicant is the actual farmer-awardee, and that at least five (5) years have elapsed since the award of the land to him (LUC Form No. 8, Series of 1994)
2. Certification from the Land Bank of the Philippines (LBP) in the area, that the farmer awardee has fully paid his obligations (LUC Form No. 9, Series of 1994)
C. Additional requirement for applications involving lands with areas of five (5) hectares or less:
The applicant shall submit a sworn statement stating that he/she has not previously filed a similar application over a portion of the same titled property.
D. Additional requirement if the land is planted to coconut trees:
Certification from the Philippine Coconut Authority (PCA) that the majority of the coconuts in the subject land had become senescent and economically unproductive or had been afflicted with a plant disease hazardous to healthy trees. (LUC Form No. 10, Series of 1994)
E. Documents required for application for lands to be converted into agro-processing plants:
The applicant shall comply with all the documentary requirements of this Administrative Order except those mentioned under Items No. VII-A-7 and 10 a, b and c.
F. Documents required if the applicant seeks to convert croplands into a poultry, livestock or swine project: all documents in A1-A9. However, in lieu of item A-10, only a certificate from the DA Regional Director to the effect that the proposed project is of greater economic value than the existing land use, will suffice.
VIII. PROCEDURES
A. Applicant
1. Applicant secures the Land Use Conversion Forms from any of the following DAR Offices: Municipal, Provincial Offices, Regional and Center for Land Use Policy, Planning and Implementation (CLUPPI).
2. The applicant shall attach the documents required under Section VII.
3. Once the application form and pertinent documentary requirements enumerated in Section VII have been duly accomplished and completed the same shall be submitted to the DAR Regional CLUPPI for immediate processing.
4. Applications which are not fully supported by the required documents will not be acted upon. However, the applicant will be informed accordingly.
B. The Regional Center for Land Use Planning Policy and Implementation (RCLUPPI) shall:
1. Review required documents for completeness and compliance with all requisites;
2. Prepare the Notice of Posting on Land Use Conversion (LUC Form No. 11, Series of 1994) and transmit the same to the DAR Municipal Office (DARMO) for posting;
3. After the prescribed period of posting, conduct field, investigation and dialogue with the applicants and the affected farmer-beneficiaries to ascertain the information enumerated in LUC Form No. 12, Series of 1994;
4. Ensure that the Investigation report be duly signed by the Investigating Team (using LUC Form No. 12, Series of 1994);
5. Prepare Findings and Recommendations (LUC Form No. 13, Series of 1994);
6. Prepare the land use conversion folder (LUCF) for every application attaching all documents required under Section VII and the accomplished LUC Form Nos. 11-13, Series of 1994, including recent photographs of the subject property; and,
7. Indorse, through the Regional Director, all applications (LUCF) to the CLUPPI for final review and evaluation not later than forty (40) working days from the receipt of completed application, except applications for land use conversion involving five (5) hectares or less that are within the non-agricultural zone per Land Use Plan approved by the HIRB/SP based on E.O. No. 72 and M.C. No. 54, Series of 1993. These applications shall be forwarded to the Regional Director for approval or disapproval. However, subsequent applications by the same landowner or his representative on a portion of the same title shall not be forwarded to the Regional Director, instead the said application shall be forwarded to CLUPPI for resolution.
C. The DAR Regional Director shall:
1. Approve or disapprove applications covering lands within the non-agricultural zones with areas of five (5) hectares or less on an aggregate or project basis;
2. Forward all applications acted upon by the Regional Director to the Regional CLUPPI for proper disposition; and,
3. Promptly submit a monthly report on approved or disapproved applications, including pending applications to the CLUPPI, copy furnished the DAR Provincial Office (DARPO) and DAR Municipal Office (DARMO).
D. The CLUPPI shall:
1. Undertake the review and evaluation for completeness and consistency of all land use conversion folders (LUCFs) received from the Regional CLUPPI;
2. Whenever necessary, conduct field investigation on the area being applied for conversion and held dialogues with government officials and entities, accredited NGOs and farmers or farmworkers affected by the conversion with the assistance of the MARG;
3. Prepare the draft order which recommends the approval or denial of the application for lands fifty (50) hectares or less and forward the same to the Undersecretary for Policy and Planning for his consideration within forty-five (45) working days from the receipt of LUCF from the RCLUPPI;
4. Prepare the Fact Sheet (LUC Form A) on areas exceeding fifty hectares and accomplish the CEC-CLUPPI Findings and Recommendations (LUC Form No. C, Series of 1994) and forward the same to the PLUTC for further review within ten (10) working days from the receipt of LUCF from the RCLUPPI; and,
5. Submit quarterly report on the status of all land use conversion applications to the Secretary through the Undersecretary for Policy and Planning, copy furnished the PARC Secretariat, ten (10) days after the end of every quarter.
E. The Undersecretary for Policy and Planning shall:
1. Review and approve or disapprove applications for conversion of lands not exceeding fifty (50) hectares within five (5) working days from the receipt of the LUCF from the CLUPPI; and,
2. Forward the signed Order to CLUPPI.
F. The PARC Land Use Technical Committee (PLUTC) shall:
1. Review the completeness and consistency of all LUCFs received from the CLUPPI, based on the existing policies on land use, and, require the submission of additional documents/information or conduct field investigation, if necessary;
2. Recommend approval or disapproval of applications for conversion of lands exceeding fifty (50) hectares (LUC Form No. 11, Series of 1994) and forward the same to the Secretary for his consideration; and,
3. Perform its duties and functions within thirty-five (35) working days from the receipt of LUCF from the CLUPPI.
G. The Secretary shall:
1. Approve or disapprove land use conversion applications involving above fifty (50) hectares elevated by the PARC Land Use Technical Committee (PLUTC) within five (5) working days from receipt of the application for conversion; and,
2. Forward the signed order to CLUPPI.
IX. RELEASING AND TRANSMITTAL OF SIGNED ORDER
Approved or disapproved order of application for Land Use Conversion, together with the LUCFs, shall be returned to the CLUPPI for control and monitoring purposes. In turn, the CLUPPI shall forward these documents to the Records Division for safe keeping of LUCF and distribution of copies of the order to the concerned parties.
X. APPEAL FROM THE ORDERS OF THE REGIONAL DIRECTOR
1. Any aggrieved party may file a Motion for Reconsideration (MR) from the decision of the Regional Director within fifteen (15) days from receipt of the order or decision.
2. The filing of the MR shall suspend the running of the period. If denied, the aggrieved party has the balance of the period to file an appeal to the Secretary.
3. An appeal to the Secretary shall be made in the form of a memorandum, and upon payment of P500.00 as appeal fee, to the Cashier of the Regional Office. The Regional Director may make his comments in the appeal. Once perfected, the records shall be sent to the Office of the Secretary for Resolution.
XI. APPEAL FROM THE DECISION OF THE UNDERSECRETARY OR SECRETARY
Appeal from the Decision of the Undersecretary shall be made to the Secretary, and from the Secretary to the Office of the President or the Court of Appeals as the case may be. The mode of appeal/motion for reconsideration, and the appeal fee, from Undersecretary to the Office of the Secretary shall be the same as that of the Regional Director to the Office of the Secretary.
XII. POSTING OF DAR CONVERSION ORDER
Immediately upon approval of a conversion order, the developer/applicant shall post in a conspicuous place of the project area, a public notice stating the following: "The conversion of this landholding has been approved by the Secretary of the Department of Agrarian Reform for Undersecretary for Policy and Planning or Regional Director depending on the authority provided in this A.O.) under Conversion Order No. ____, dated __________." It will include the name of the project and area, name of the developer/landowner, and date when the development permit was granted. Failure to post such notice shall be a ground for the suspension of the development of the area and for possible cancellation of the conversion order, pursuant to Section XIV hereof.
XIII. MONITORING
Compliance with the terms and conditions of this Order shall be monitored as follows:
a. The Regional CLUPPI shall monitor compliance by the applicant/developer, based on the terms and conditions stipulated in this Order, including the posting of the approved order as provided under Item No. XII of these guidelines. It shall submit monthly reports to the Undersecretary for Policy and Planning, through the CLUPPI, of all land use conversion transactions (i.e., approved and disapproved applications including applications under process), copy furnished DARPO and DARMO.
b. The CLUPPI shall evaluate the reports submitted by the Regional CLUPPI, and render quarterly reports on the status of all land use conversion applications to the Secretary, through the Undersecretary for Policy and Planning, copy furnished the PARC Secretariat.
XIV. PROTEST OR OPPOSITION TO CONVERSION APPLICATION
The Regional CLUPPI shall evaluate written protests filed by any person who may be displaced or affected by the proposed land use conversion. Findings and recommendations on protests shall be forwarded to the Secretary, through the CLUPPI for resolution, except protests involving five (5) hectares or less and within the non-agricultural zone. Such protests shall be forwarded to the Regional Director for resolution within fifteen (15) days, reckoned from receipt of the protest, subject to appeal to the DAR Secretary through the Assistant Secretary of Legal Affairs Office.
XV. CANCELLATION OR WITHDRAWAL OF APPROVAL
The DAR may cancel or withdraw authorization for land use conversion, based on the following grounds:
a. Misrepresentation or concealment of material facts in the application;
b. Failure to implement and complete the land development of the area within the specified time; and
c. Any other violations of the rules and regulations which are material to the grant of the conversion order.
XVI. DISAPPROVED APPLICATIONS OR CANCELLED CONVERSION ORDERS
Lands covered by a petition for conversion which had been disapproved or those covered by a conversion order which had been cancelled or withdrawn under this administrative order, shall be placed under CARP compulsory coverage, in accordance with the schedule of implementation prescribed in Section 7 of R.A. No. 6657 and be distributed to all qualified beneficiaries.
XVII. TRANSITORY PROVISIONS
The provisions of this Administrative Order shall be applicable to all applications filed on or after its effectivity. All other applications filed previous to this Administrative Order shall be governed by the pertinent administrative order or issuances in force, at the time of the filing of the applications, and shall be processed accordingly.
However, applications covering lands five (5) hectares and below situated within non-agricultural zones which are pending in the Region and either DAR field offices, shall be approved or disapproved by the Regional Director concerned, upon the effectivity of this Administrative Order. Applications covering 5 hectares and below pending at the DAR Central Office shall be processed in accordance with AO No. 11, Series of 1990.
XVIII. PENAL PROVISIONS
Pursuant to Section 73 and 74 of R.A. No. 6657, any person who knowingly or willfully converts any agricultural land without the approval of the DAR, shall be subject to criminal prosecution as provided for under the Joint DAR-DOJ Administrative Order No. 4, Series of 1993. Applications covering such areas, shall be summarily disapproved and the land shall be placed under CARP and distributed to qualified FBs.
XIX. REPEALING CLAUSE
This Administrative Order repeals Administrative Order (A.O.) Nos. 8 and 15, Series of 1990 and 1988, General Order No. 1, Series of 1989, A.O. Nos. 15, 16, and 18, Series of 1989, A.O. No. 7, Series of 1992 and amended A.O. Nos. 1 and 2, Series of 1990. All other issuances not consistent with this order are likewise repealed.
XX. EFFECTIVITY
This Administrative Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation.
Diliman, Quezon City, 24 October 1994.
(SGD.) ERNESTO D. GARILAO
Secretary
Attachment
LUC FORM: A
FACT SHEET
FOR APPLICATION FOR LAND USE CONVERSION OF ALL PRIVATE AGRICULTURAL LANDS
A. PETITIONER
1. Name of Applicant ____________________________________
(Signatory in the Sworn Declaration/Application for Conversion)
2. Address of Applicant __________________________________
Telephone Number ___________________________________
3. Classification of Applicant:
[ ] Landowner [ ] Farmer Beneficiary
[ ] Private Corporation [ ] Government Entity
[ ] Others, specify
4. Date of Filing of Petition: _______________________________
5. Proposed Use of the Land: ______________________________
6. Basis of Authority to Apply: (Check)
[ ] Registered Landowner [ ] Special Power of Attorney
[ ] Board Resolution
7. Total Area Applied for Conversion (in ha.) __________________
Location ___________________________________________
8. Name of Developer ___________________________________
Address ____________________________________________
Tel. No. ____________________________________________
If the developer is not the applicant, specify proof of Authority to develop the land _______________________________________________
B. LANDHOLDING INFORMATION
Evidence of Ownership
1) Name of Regis- Title Title Decla- Date of Area Area
tered LOs No. ration No. Registration Per Applied
of Title Title
(Use other sheet if necessary)
2) Present Land Use __________________________________________
3) Crop Planted _____________________________________________
4) Tenancy Status (Check)
[ ] Untenanted
[ ] Tenanted; Number of Tenants _____________
[ ] With Occupants; Number ________________
[ ] With Farmworkers; No. of FWs
5) If land is tenanted: (check)
[ ] proof of payment of disturbance
compensation (acknowledgment)
receipt by tenant/farmworker),
attested by BARC or Brgy.
Chairman and MARO; or
[ ] proof of undertaking to pay
disturbance compensation (duly
notarized agreement signed by
tenant/farmworker and applicant,
embodying undertaking of
applicant to pay disturbance
compensation).
6) Protest Against Petition on Land Use Conversion: (Check)
[ ] No Protest
[ ] With Protest; From Whom:
[ ] Status of Protest:
7) Lands have been applied for under VOS [ ]; VLT [ ]; SDO [ ]; or CFD [ ];
none [ ]
8) Lands have been issued [ ] or have been issued [ ] Notice of Acquisition
C. STANDARD DOCUMENTARY REQUIREMENTS SUBMITTED (Original copy only).
Type of Document Name of Issuing Date Remarks
Officer
___1. Application for ____________________ [ ] [ ] [ ] [ ] sufficient
conversion [ ] not suff.
(LUC Forma No. 1)
___2. Photo copy TCT/OCT ______________ [ ] [ ] [ ] [ ] sufficient
Certified by ROD [ ] not suff.
___3. Location Plan/ _____________________ [ ] [ ] [ ] [ ] sufficient
Vicinity Map/ [ ] not suff.
Area Development Plan including
Work and Financial Plan, statement
of justification on potential economic/
social benefits of the project and recent
photographs of the property
___4. Proof of financial __________________ [ ] [ ] [ ] [ ] sufficient
and organizational [ ] not suff.
capability to develop
the land, such as:
___[ ] Profile of developer,
including details of past
or current development projects
___[ ] Financial Statements duly
authenticated by a certified
public accountant
___[ ] Articles of Incorporation or
Partnership, if the applicant/
developer is a corporation
or partnership
___5. CEC issued by the HLURB ___________ [ ] [ ] [ ] [ ] sufficient
Regional Officer (LUC Form No. 2) [ ] not suff.
or Deputized Zoning Administrator
(LUC Form No. 3) that per HLURB
approved Land Use Plan, the
land is within: (check)
[ ] agricultural zone
[ ] residential zone
[ ] industrial zone
[ ] built-up area
[ ] others, specify
RESOLUTION NO.__________ Date _____________
___6. CEC issued by the NIA _____________ [ ] [ ] [ ] [ ] sufficient
Regional Manager or president [ ] not suff.
of corporation/irrigators
association that the
area is not covered by
(LUC form No. 4 or No. 4-A)
___7. CEC issued by the __________________ [ ] [ ] [ ] [ ] sufficient
DENR Regional Director [ ] not suff.
that the proposed conversion
is ecologically sound
(LUC Form No. 5)
___8. (If the land fall within ________________ [ ] [ ] [ ] [ ] sufficient
agricultural zone) [ ] not suff.
CEC issued by the DA
Regional Director
(LUC Form No. 6)
___9. (If the land falls ____________________ [ ] [ ] [ ] [ ] sufficient
within agricultural [ ] not suff.
Zone) CEC from the
LGU that the land or
locality has become highly
urbanized
(LUC form No. 7)
___10. (If the land falls ____________________ [ ] [ ] [ ] [ ] sufficient
within the agricultural
zone) City/Municipal Council
Ordinance/Resolution
endorsing the application for conversion
___11. (If the applicant is an FB _____________ [ ] [ ] [ ] [ ] sufficient
of the CARP) CEC from the [ ] not Suff.
DAR that the applicant
is the actual farmer-awardee,
and at least five (5) years
have lapsed since the award
of the land to him
(LUC Form No. 8)
___12. (If the applicant is an FB _____________ [ ] [ ] [ ] [ ] sufficient
of the CARP) CEC issued [ ] not suff.
by the LBP that FB has
fully paid his obligation
(LUC form No. 9)
___13. (If property is a ____________________ [ ] [ ] [ ] [ ] sufficient
coconut land) CEC issued [ ] not suff.
By the PCA Manager
(LUC Form No. 10)
___14. RCLUPPI Field Investigation _________ [ ] [ ] [ ] [ ] sufficient
report (LUC Form No. 12) [ ] not. suff.
D. COMMENTS/RECOMMENDATIONS:
1. RCLUPPI _________________________________________
Date: _________________________________________
_______________________
2. CLUPPI _________________________________________
Date: _________________________________________
_______________________
3. PLUTC _________________________________________
Date: _________________________________________
_______________________
Prepared by:
Name : _________________
Designation : _________________
Date : _________________
LUC FORM: B
Series of 1994 INDORSEMENT NO. ______
(To be filled-up by the PLUTC)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(PLUTC FINDINGS AND RECOMMENDATION)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. _________________, Series of 1994, Mr./Ms. __________________ filed an Application for Land Use Conversion on ______________ from agricultural to _________________ use over ____________ parcels of land situated in Barangay _______________ Municipality of _______________ Province of _____________ covering an area of _________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that the subject landholding/petition has found accordingly to be:
1. CLUPPI Central Office
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
d. ________________________________________________;
e. ________________________________________________;
2. CEC CLUPPI Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
d. ________________________________________________;
e. ________________________________________________;
3. CEC HLURB Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
d. ________________________________________________;
e. ________________________________________________;
4. CEC DA Region ____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
5. CEC NIA Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
6. CEC PCA Region:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
7. CEC DENR Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
8. Other Observations:
a. ________________________________________________;
b. ________________________________________________;
THEREFORE, a Certificate of Eligibility for Land Use Conversion is hereby,
_______Granted.
_______Denied.
Diliman, Quezon City, Metro Manila.
__________________ _________________
Member — DA Date
__________________ _________________
Member — DENR Date
__________________ _________________
Member — NEDA Date
__________________ _________________
Member — DILG Date
__________________ _________________
Member — HLURB Date
__________________ _________________
Member — DOT Date
__________________ _________________
Member — DTI Date
__________________ _________________
CO-Chairman, CLUPPI Date
__________________ _________________
Chairman, CLUPPI Date
NOTE: When accomplished, this CEC is to be attached in the Land Use Conversion Folder (LUCF) before indorsing the same to the Office of the Secretary.
LUC FORM: C
Series of 1994 INDORSEMENT NO. ______
(To be filled-up by the PLUTC)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(CLUPPI FINDINGS AND RECOMMENDATION)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. _________________, Series of 1994, Mr./Ms. __________________ filed an Application for Land Use Conversion on ______________ from agricultural to _____________________ Use over ____________ parcels of land situated in Barangay _______________ Municipality of _______________ Province of ______________ covering an area of _________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that the subject landholding/petition has found accordingly to be:
1. CEC CLUPPI Region ___________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
d. ________________________________________________;
e. ________________________________________________;
2. CEC HLURB Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
d. ________________________________________________;
e. ________________________________________________;
3. CEC DA Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
4. CEC NIA Region ____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
5. CEC PCA Region _____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
6. CEC DENR Region:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
7. Other Observations ____________:
a. ________________________________________________;
b. ________________________________________________;
c. ________________________________________________;
THEREFORE, a Certificate of Eligibility for Land Use Conversion is hereby,
_______Granted.
_______Denied.
CLUPPI EXECUTIVE COMMITTEE
____________________ _________________
Staff Director Date
____________________ _________________
Staff Director Date
____________________ _________________
Staff Director Date
____________________ _________________
Staff Director Date
____________________ _________________
Deputy Executive Director Date
____________________ _________________
Executive Director Date
LUC FORM NO. 1
Series of 1994
(To be filled up by the applicant)
SWORN DECLARATION/APPLICATION FOR CONVERSION
The Honorable Secretary
Department of Agrarian Reform
Quezon City
(Thru Channel)
Sir:
Pursuant to DAR Administrative Order No. _____________, Series of 1994, I hereby apply for the conversion of the landholding/s from Agricultural to _________________ use/s and submit the following information:
I. APPLICANT'S PERSONAL CIRCUMSTANCES
A. Registered Landowner
(If applicant is the registered landowner)
Name ______________________________
Address _____________________________
Postal Address ________________________
Telephone Number _____________________
___________
* To be submitted by the applicant to the DAR Regional CLUPPI (RCLUPPI), together with pertinent documentary requirements as in the attached list. Only applications with complete requirements shall be accepted by the RCLUPPI and processed within ninety (90) days.
____________________
• To be submitted by the applicant to the DAR Regional CLUPPI (RCLUPPI), together with pertinent documentary requirements as in the attached list. Only applications with complete requirements shall be accepted by the RCLUPPI and processed within ninety (90) days.
B. Representative
(If applicant is other than the registered landowner)
Name ______________________________
Address _____________________________
Postal Address ________________________
Telephone Number _____________________
Nature of Authority (To be Attached):
[ ] SPA [ ] Board Resolution
II. LAND DEVELOPER
(To be filled-up regardless of whether or not the developer is the applicant. Please attached contract for the development of the property, if the developer is other than the applicant.)
Name ______________________________
Address _____________________________
Postal Address ________________________
Telephone Number _____________________
License/Registration Number _____________
III. DESCRIPTION OF LANDHOLDINGS
A. Land Title/s and Area Applied
(Attached corresponds true copy of Land Title/s as certified by the Registry of Deeds)
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
B. The area applied for conversion has not been covered or issued by any of the following CARP distribution/acquisition schemes, such as:
[ ] Notice of Acquisition;
[ ] Voluntary Offer to Sell;
[ ] Application for Stock Distribution; or
[ ] Voluntary Land Transfer
C. Existing Land Cover and Use
Land Cover Land Use Area (Has.)
(e.g., grass, crops, structures)
i. Dominant __________ __________ __________
ii. Others __________ __________ __________
D. Surrounding Land Cover and Use
Land Cover Land Use Area (Has.)
i. Dominant __________ __________ __________
ii. Others __________ __________ __________
E. Appropriate Distance (in Km.) to any of the following:
Municipal Hall_____________ Barangay Center____________
Public Market_____________ Public School______________
National Highway___________ Provincial Road____________
Municipal Road____________ Barangay Road____________
(Please attached Location and Vicinity Maps)
F. Tenancy Status: (Check)
[ ] Tenanted [ ] Untenanted
[ ] With Farmworkers [ ] Without Farmworkers
[ ] With Occupants [ ] without Occupants
(Please attach list of affected tenants, farmworkers or occupants, if any)
G. Encumbrances: [ ] Yes [ ] None
If yes, specify type of encumbrances________________
If covered with several land titles, specify OCT/TCT
Nos._____________________
H. Finally, no similar/previous application has been filed, in my name or in my behalf over the same or portion of the area applied for.
IV. SWORN STATEMENT
I hereby certify that all information stated above are true and correct to the best of my knowledge. It is understood that any misrepresentation on my part will be sufficient cause for denial of this application or cancellation or withdrawal of conversion approval.
IN WITNESS HEREOF, I have hereunto affixed my signature this _________ day of 199 ____ at ________________________________.
______________________________
Signature of Landowner/Representative
SUBSCRIBED AND SWORN to before me this __________ day of ______________ 199 _____ at ________________________. Landowner/Representative exhibiting his/her Residence Certificate No. issued on at _________________________________________.
______________
Notary Public
Doc. No.____
Page No.____
Book No.____
Series of 199__
Attachments: List of Standard Documentary Requirements; LUC Form that to be filled up by the applicant and concerned agencies; and DAR A.O.____
LUC FORM NO. 2
Series of 1994 (HLURB Region)
(To be filled up by the applicant)
ZONING CERTIFICATION
This is to certify that the _______ parcel (s) of land situated in Barangay (s) _______________ Municipality of ________________ Province of _______________, covering an area of _______________ Hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
which is/are the subject of the application for land use conversion of _____________, petitioner No. ________, dated ______________ pursuant to DAR Administrative Order No. ________________, Series of 1994 is/are zoned for _______________ use per Town Plan/Zoning Ordinance ratified by the Housing and Land Use Regulatory Board through Board Res. No. _______ dated ___________________.
Issued this __________ day of _____________, 199 ____ upon the Request of Mr./Mrs./Ms. ____________________________.
__________________
Regional Officer
Note: 1. This certification is issued relative to the requirement of DAR Regarding the implementation of the Comprehensive Agrarian Reform Law and shall not be construed as a Certificate of Eligibility for Conversion;
2. This certification shall not be construed as a Locational Clearance/Certificate of Zoning Conformance or Development Permit; and
3. This shall not be construed as a certification as to the ownership by the applicant of the above listed parcel(s) of land.
LUC FORM NO. 3
Series of 1994
(To be filled up by the Deputized Zoning Administrator)
CERTIFICATION OF ELIGIBILITY FOR CONVERSION
(Certificate of Zoning Conformance)
This to certify that pursuant to Department of Agrarian Reform Administrative Order No. ____________, Series of 1994, CEC Petitioner No. _________ dated __________ filed an application for Land Use Conversion from agricultural to ________________________ use, over ______________ parcels of land situated in Barangay _________________ Municipality of ______________ Province of _______________ covering an area of ________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that:
1. _________ the proposed use is within: (Check)
[ ] Agricultural [ ] Residential [ ] Commercial
[ ] Tourist/Recreational [ ] Industrial
[ ] Others, specify
2. the proposed use: (Check)
[ ] conforms [ ] does not conform
with the Land Use Plan/Zoning Ordinance of the Municipality approved by Sangguniang Panlalawigan Resolution No. _____, dated ______________.
THEREFORE, Certificate of Eligibility for Land Use conversion, as one of the requirements for the issuance of the Order of Land Use Conversion by the Department of Agrarian Reform, is hereby:
_____Granted.
_____Denied.
This certification is issued upon the request of Mr./Mrs./Ms. _____________________. Given this ___________ day of ______________, 1999 ____.
_________________________
Deputized Zoning Administrator
NOTE: When accomplished, this CEC is to be attached to the Land Use Conversion Application (LUCF), as one of standard documentary requirements.
LUC FORM NO. 4
Series of 1994
(To be filled-up by the NIA)
CERTIFICATION OF ELIGIBILITY FOR CONVERSION
(Certificate of Irrigation Coverage)
This is to certify that pursuant to Malacañang Administrative Order No. 20, Series of 1992, and Department of Agrarian Reform Administrative Order No. _________, Series of 1994, CEC Petitioner No. ______________ dated ____________ filed an Application for Land Use Conversion from agricultural to ______________ use over ______________ parcels of land situate at Barangay _______________ Municipality of _____________, Province of covering an area of ________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
The subject landholding has been found to be:
1. _____Within irrigated lands where water is available to support rice and other crop production;
_____Outside irrigated lands and water is not available to support rice and other crop production;
2. _____Within areas programmed for irrigation facility rehabilitation;
3. Within irrigable lands already covered by irrigation project with firm funding commitments (i.e., there is an existing bilateral or multilateral agreements and/or included in the agency's program);
4. Not irrigable lands and not covered by irrigation project with firm funding commitment.
THEREFORE, a Certificate of Eligibility for Land Use Conversion, as one of the requirements in the issuance of the Order of Land Use Conversion by the Department of Agrarian Reform, is hereby:
_____Granted.
_____Denied.
This certification is issued upon the request of Mr./Mrs./Ms. _________________. Given this _______________ day of ______________, 199____.
____________________
Regional Manager
NOTE: When accomplished, this CEC is to be attached in the Application For Land Use Conversion (LUCF) as one of the standard documentary requirements.
LUC FORM NO. 4-A
Series of 1994
(To be filled-up by the Community Irrigators' Association when an irrigation system is maintained/managed other than NIA)
COMMUNITY IRRIGATORS' ASSOCIATION
NAME:____________________________________
LOCATION:________________________________
NAME OF IRRIGATION SYSTEM:_______________
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Certificate of Irrigation Coverage)
This is to certify the pursuant to Malacañang Administrative Order No. 20, Series of 1992, and Department of Agrarian Reform Administrative Order No. _________, Series of 1994, CEC Petitioner No. ________________ dated ____________ filed an Application for Land Use conversion from agriculture to _________________ use, over ___________ parcels of land situated at Barangay _________________ Municipality of ______________, Province of __________________ covering an area of _____________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
1. _____Within irrigated lands where water is available to support rice and other crop production;
_____Outside irrigated lands and water is not available to support rice and other crop production;
2. _____Within areas programmed for irrigation facility rehabilitation;
3. Within irrigable lands already covered by irrigation project with firm funding commitments (i.e., there is an existing bilateral or multilateral agreements and/or included in the agency's program);
4. Not irrigable lands and not covered by irrigation project with firm funding commitment.
THEREFORE, a Certificate of Eligibility for Land Use Conversion, as one of the requirements in the issuance of the Order of Land Use Conversion by the Department of Agrarian Reform, is hereby:
_____Granted.
_____Denied.
____________________
President/Manager
NOTE: 1. This requirement is optional, in lieu of NIA certification, should the irrigation system is managed/maintained by the local irrigators' association or cooperative/entity.
2. When accomplished, this CEC is to be attached in the A Application for Land Use Conversion (LUCF) as one of the Optional documentary requirements.
LUC FORM NO. 5
Series of 1994 DENR Region ________
(To be filled-up by the DENR)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Environmental Clearance Certificate)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. _____, Series of 1994, DENR-CEC Petitioner No. _________ dated ____________, filed an application for Land Use Conversion from agricultural to ___________ use, over _____________ parcels of land situated in Barangay ______________ Municipality of ______________ Province of ______________ covering an area of _____________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that after complying with the requirements of Environmental Impact Assessment prescribed under Section 3 (b) of PD 1151 and 1586, the subject landholding/petition has been found to be:
1. _______ The proposed land use conversion is ecologically sound.
_______ The proposed land use conversion is not ecologically sound.
Other Observations/Conditions:
a. _____________________________________
b. _____________________________________
c. _____________________________________
d. _____________________________________
e. _____________________________________
THEREFORE, a Certificate of Eligibility for Land Use Conversion as one of the requirements for the issuance of the Order of Land Use Conversion by the Department of Agrarian Reform, is hereby:
_____Granted.
_____Denied.
This certification is issued upon the request of Mr./Mrs./Ms. ________________. Given this ______________ day of ____________, 199_____.
______________________
Regional Executive Director
NOTE: When accomplished this CEC shall be attached in the Application for Land Use Conversion (LUCF) as one of the documentary requirements.
LUC FORM NO. 6
Series of 1994
(To be filled-up by the DA)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Negotiability for Land Use Conversion)
This is to certify that pursuant to Department of Agriculture (DA) Administrative Order No. 2, Series of 1992, and in accordance to Department of Agrarian Reform Administrative Order No. _________, Series of 1994, CEC Petitioner No. _________ dated ____________, filed an application for Land Use Conversion from agricultural to ___________ use, over _____________ parcel/s of land situated in Barangay ______________ Municipality of ______________ Province of ______________ covering an area of _____________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
Overall Evaluation/Recommendation by the DA Regional Director:
Based on the attached facts submitted and the results of evaluation and recommendation made by the DA-RLUTWG, a Certificate of Eligibility for Land Use Conversion by the Department of Agriculture is hereby:
( ) Approved
( ) Disapproved
This certification is issued upon the request of Mr./Mrs./Ms. _______________. Given this ______________ day of _________________, 199_____.
___________________
DA-Regional Director
RESULTS OF EVALUATION BY THE DEPARTMENT OF AGRICULTURE-REGIONAL LAND USE TECHNICAL WORKING GROUP (DA-LUTWG)
Pursuant to Department of Agriculture Administrative Order No. 2, Series of 1992 and upon the conduct of actual field evaluation and verification, the subject landholding has been found to be:
1. _______Highly efficient agricultural lands (land characteristics and qualities do not limit the production to a narrow range of crops).
2. _______Within the service area of SWIP/STW projects of BSWM.
3. _______Other findings (Please specify physical characteristics):
Therefore, based on these findings and considering the agency mandate, the subject landholding is ( ) eligible ( ) not eligible for land conversion.
Submitted by:
Members, DA-RLUTWG
_____________________
_____________________
_____________________
Noted by:
______________________
Team Leader, DA-RLUTWG
Note: This CEC is required, if at the time of the application, the land falls within the agricultural zone. When accomplished, this CEC is to be attached in the Application for Land Use Conversion (LUCF) as one of the additional documentary requirements.
LUC FORM NO. 7
Series of 1994
(To be filled-up by the LGU should that land is within the agricultural zone)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Certificate of Urbanization of the Locality)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order NO. ________, Series of 1994, CEC petitioner No. ________ dated ____________, filed an application for Land Use conversion from agricultural to ______________ use, over _____________ parcels of land situated in Barangay _______________ Municipality of ______________ Province of _________________ covering an area of __________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that the locality, within which the land is located, has become highly urbanized, and will have greater economic value for ______________ use;
THEREFORE, a Certificate of eligibility for Land Use conversion, as one of the requirements for the issuance of the Order of Land Use conversion by the Department of Agrarian Reform, is hereby:
( ) Approved
( ) Disapproved
This certification is issued upon the request of Mr./Mrs./Ms. _________________. Given this _____________ day of _________________, 199_____.
_________________
Municipal Mayor
NOTE: 1. This CEC is required if at the time of the application, the land is found to be within the agricultural zone.
2. When accomplished, this CEC is to be attached to the Land Use Conversion Application (LUCF); a one of the additional documentary requirements.
LUC FORM NO. 8
Series of 1994
(To be filled-up by the RCLUPPI Investigation Team when the applicant/landowner is/are ARB/s)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Certificate of Agrarian Reform Program Awardee)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. ________________ Series of 1994, Malacañang Administrative Order No. 20, Series of 1992 Mr./Mrs. _______________, filed an application for Land Use Conversion on _________________ over ________________ parcels of land situated in Barangay ________________ Municipality of ______________ Province of ________________ covering an area of ________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that the subject land is found to be covered and distributed under the Agrarian Reform Program and awarded to the following farmer-beneficiaries:
1. _____________________ 6. _____________________
2. _____________________ 7. _____________________
3. _____________________ 8. _____________________
4. _____________________ 9. _____________________
5. _____________________ 10. _____________________
(Attached list if necessary)
Furthermore, at least five (5) years have lapsed since the award of the land to the above-mentioned farmer-beneficiaries.
THEREFORE, a Certificate of Eligibility for Land Use Conversion as an additional requirement for the issuance of the Order of Land Use Conversion by the DAR is hereby:
_____Granted.
_____Denied.
CERTIFIED BY:
THE REGIONAL CLUPPI INVESTIGATION TEAM
___________________ ________________
DAR Municipal Officer Date
___________________ ________________
DAR Provincial Officer Date
___________________ ________________
RCLUPPI Member Date
___________________ ________________
RCLUPPI Member Date
___________________ ________________
Team Leader Date
NOTE: 1. This CEC shall be required when the applicant/landowner is a beneficiary of agrarian reform program;
2. Accomplished copy of this CEC is to be attached to the Land Use conversion folder (LUCF) as one of the additional requirements.
LUC FORM NO. 9
Series of 1994
(To be filled-up by the LBP when the applicant is a beneficiary of the agrarian reform program)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Certificate of Full Payment of ARB Obligations)
This is to certify that pursuant to Department of Agrarian Reform administrative Order No. ______________, Series of 1994, Mr./Ms. _______________, filed an application for Land Use Conversion on _____________ over ______________ parcels of land situated in Barangay ________________ Municipality of __________________ Province of ___________________ covering an area of ________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that the subject landholding/petition was found to be awarded to the following agrarian reform beneficiaries, namely:
1. _____________________ 6. _____________________
2. _____________________ 7. _____________________
3. _____________________ 8. _____________________
4. _____________________ 9. _____________________
5. _____________________ 10. _____________________
FURTHERMORE, the abovementioned farmer-beneficiaries of the agrarian reform program have [ ] fully [ ] not fully paid their obligations.
THEREFORE, Certificate of Eligibility for Land Use Conversion as a additional requirement for the issuance of the Order of Land Use Conversion by the DAR is hereby.
_____Granted.
_____Denied.
This certification is issued upon the request of Mr./Mrs./Ms. _________________. Given this ____________ day of _________________, 199_______.
___________________
Branch/Field Manager
NOTE: 1. This CEC shall be required when the applicant is a beneficiary of agrarian reform program;
2. Accomplished copy of this CEC shall be attached to the Land Use Conversion folder (LUCF), as one of the additional requirements.
LUC FORM NO. 10
Series of 1994 PCA Region
(To be filled-up by the PCA)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(Certificate of Economic Productivity of Coconuts)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. 16, Series of 1989, and Administrative Order No. _____________, Series of 1994, CEC Petitioner No. ____________ dated ________________ filed an application for Land Use Conversion from agricultural to __________ use, over ____________ parcels of land situated at Barangay ________________, Municipality of _______________. Province of ______________, covering an area of _______________ hectares, specifically identified as follows;
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
The subject landholding has been found to be:
1. ________ Devoted to coconut trees;
Not devoted to coconut trees;
2. ________ majority of coconut trees in the land has not become
senescent and is still economically productive;
3. ________ Majority of coconut trees in the land had become
senescent and economically unproductive;
FURTHER, it is certified that the affected [ ] farmers-tenants [ ] lessees and [ ] regular farmworkers shall be furnished a copy of these written findings and recommendations of the PCA.
THEREFORE, a Certificate of Eligibility for Land Use Conversion, as one of the requirements in the issuance of the Order of Land Use Conversion by the Department of Agrarian Reform, is hereby:
_____Granted.
_____Denied.
This certification is issued upon the request of Mr./Mrs./Ms. ________________. Given this ______________ day of ________________, 199 ______.
___________________
Regional Manager
NOTE: 1. This CEC shall be an additional requirement when the land is planted to coconut trees;
2. When accomplished, this CEC is to be attached in the Application for Land Use Conversion (LUCF) as one of the additional requirements.
LUC FORM NO. 11
Series of 1994
(To be filled-up by the RCLUPPI Application No. and to be posted by the MARO) Dated Applied
NOTICE OF POSTING ON LAND USE CONVERSION
NOTICE is hereby given that ________________ has filed with DAR an Application for Land Use Conversion over __________________ parcels of land situated in Barangay __________________ Municipality of _______________, Province of _________________ covering an area of ____________________ hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
The above parcel/s are sought to be converted from agricultural to ________________ use.
Any person with valid objection to the said application for land use conversion may file his/her objection/protest thereto, in writing, addressed to the Chairman of the RCLUPPI through the Municipal Agrarian Reform Officer, not later than fifteenth (15th) day from the Period of Posting. The Period of Posting shall be completed after fifteen (15) days or on ________________.
___________________
Chairman, RCLUPPI
Posted by: _________________ Date _______________
MARO
NOTE: Accomplished copy of this Notice is to be attached in the Application for Land Use Conversion while duplicate copies shall be posted at the Barangay Hall, Municipal Hall and in conspicuous premises of the land sought to be converted.
LUC FORM NO. 12
Series of 1994
(To be filled-up by the LUCF No. RCLUPPI Investigation Team) Date filed.
FIELD INVESTIGATION-VERIFICATION REPORT
This is the result of the thorough field investigation-verification conducted on ______________, pursuant to Department of Agrarian Reform Administrative Order ____________, Series of 1994, in relation to the Application for Land Use Conversion from agricultural to _______________ uses/s filed on ___________ by Mr./Ms./Mrs. ________________ over parcels of land situated in Barangay _________________ Municipality of ________________ Province of _________________ covering an area of ____________ hectares.
1. The property applied for conversion is specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
2. The landholdings applied for are:
[ ] contiguous [ ] scattered
3. FURTHER, the subject landholdings is/are found to be:
[ ] Untenanted;
[ ] Tenanted; No. of Tenants ________________________
[ ] With Farmworkers; No. of Farmworkers: ____________
[ ] with occupants; NO. of Occupants: _________________
(Attach list of affected tenants, farmworkers or occupants, if any)
4. _____ With Attested Proof of Payment of Disturbance compensation; or with
Undertaking/Agreement to Pay Disturbance Compensation;
_____ Without attested Proof of Payment of Disturbance compensation; or
without Undertaking/Agreement to Pay Disturbance Compensation;
5. _____ MARO has posted Land Use Conversion Notice within the
[ ] premises of the land sought to be converted
[ ] Barangay Hall
[ ] Municipal Hall
on _____________ until _________________________
6. _____ With protest against the land use conversion application;
From: ____________________________________
_____ without protest against the land use conversion application;
7. Applicant is the actual farmer-beneficiary; and
_____ At least five (5) years have lapsed from the date of award of the land to
the farmer-beneficiary; or
_____ Less than five (5) years have lapsed since the date of award;
8. _____ Notice of Acquisition has been issued by
[ ] MARO on
[ ] PARO on
[ ] RARO on
[ ] DARCP on
_____ No Notice of Acquisition has been issued;
9. _____ Application on VOS, Stock Distribution, VLT and CFD was filed
by____ one ____ at the:
[ ] DARMO [ ] DARPO
[ ] DARRO [ ] DARCO
Status of Application: ___________________________________
_____ No application on VOS, Stock Distribution, VLT and CFD has been
filed;
10. _____ Per approved Municipal Land Use Plan/Zoning Ordinance, the area is
within the following zone:
[ ] Agricultural [ ] Residential
[ ] Industrial [ ] Institutional
[ ] Commercial [ ] Others, specify
11. _____ The municipality has Land Use Plan/Zoning Ordinance approved by the
HLURB per Board resolution No. ________________ dated __________________
_____ The municipality has no Land Use Plan approved by the HLURB.
12. _____ The municipality has Land Use Plan/Zoning Ordinance approved by the
Sangguniang per Resolution No. _______ dated __________
_____ The municipality has no Land Use Plan/Zoning Ordinance approved by
the Sangguniang Panlalawigan
13. _____ FURTHERMORE, the area applied for conversion can be described as
follows:
A. Physical characteristics
TERRAIN/TOPOGRAPHY CROPS/VEGETATION
COVER:AREA(Has):LAND USE
[ ] Floodplain [ ] flat _________ _____________ _________
[ ] (0 to 8% slope)
[ ] Upland [ ] Undulating _________ _____________ _________
[ ] less than 18% slope)
[ ] Hilly [ ] Steep _________ _____________ _________
[ ] (equal or more than 18% slope)
B. The present dominant use of the subject area
[ ] agricultural [ ] non-agricultural
C. The dominant use of surrounding area [ ] East
[ ] West: [ ] North: [ ] South:
D. Other observations
— Accessibility : ___________________________________
— Land Improvement : ___________________________________
— Density (houses/ha) : ___________________________________
— Irrigability : ___________________________________
14. THEREFORE, based on the above findings, the application for conversion is hereby recommended for:
___________ Approval. Area (Has) ____________
___________ Denial. Area (Has) ____________
INVESTIGATION TEAM
THE REGIONAL CLUPPI INVESTIGATION TEAM
___________________ ________________
MARO Date
___________________ ________________
PARO Date
___________________ ________________
RCLUPPI Member Date
NOTE: Original copy of this Report shall be submitted to the Chairman of the Regional CLUPPI and shall be attached to the RCLUPPI-CEC as part of the LUCF.
*Or their duly authorized representative.
LUC FORM NO. 13
Series of 1994 INDORSEMENT No.
(To be filled-up by the RCLUPPI)
CERTIFICATE OF ELIGIBILITY FOR CONVERSION
(RCLUPPI Findings and Recommendation)
This is to certify that pursuant to Department of Agrarian Reform Administrative Order No. _____________, Series of 1994, Mr./Mrs. _________________ filed an application for Land Use conversion from agricultural to __________________ use/s over _________________ parcels of land situated in Barangay ______________________ Municipality of ________________ Province of _________________ covering an area of hectares, specifically identified as follows:
Registered Lot No. OCT/TCT No. Area per Area Applied
Owner Title for Conversion
(Has.) (Has)
1. ___________ ___________ _________________ __________ ___________
2. ___________ ___________ _________________ __________ ___________
3. ___________ ___________ _________________ __________ ___________
4. ___________ ___________ _________________ __________ ___________
5. ___________ ___________ _________________ __________ ___________
TOTAL ___________
FURTHER, it is certified that:
1. _____ Field Investigation/Verification has been conducted in the
subject property (Field Investigation Report attached)
2. _____ The land is [ ] untenanted [ ] tenanted [ ] with farmworkers [ ]
with occupants;
3. _____ With Attested Proof of Payment of Disturbance Compensation;
or With Undertaking/Agreement to Pay Disturbance
Compensation;
4. _____ With Land Use Conversion Notice of Posting;
5. _____ With Notice of Acquisition, issued on __________
_____ Without Notice of Acquisition
6. _____ Has application for [ ] VOS [ ] Stock Distribution [ ] Voluntary
Land Transfer, [ ] VLT, [ ] Commercial Farm Deferment,
received on ___________________;
_____ No application for VOS, Stock Distribution, VLT or CFD;
7. _____ The land falls within _________ zone per approved Land Use
Plan as certified by the ______________ on
________________.
8. Applicant has complied with all the requirements;
9. Other Observations:
a. _____________________________________;
b. _____________________________________;
c. _____________________________________;
THEREFORE, the land use conversion application of the subject Landholding is hereby recommended for.
_____Approval.
_____Denial.
For the following reasons:
1. _____________________________________
2. _____________________________________
3. _____________________________________
REGIONAL CLUPPI EXECUTIVE COMMITTEE
___________________ ________________
Member Date
___________________ ________________
Member Date
___________________ ________________
Co-Chairman Date
___________________ ________________
Chairman Date
NOTE: When accomplished, this CEC together with other documents shall be attached to the LUCF before the same shall a be indorsed to the Office of the Regional director for final evaluation and approval/disapproval (for lands five (5) hectares and below and within non-agricultural zone) and or CLUPPI Central Office, for final review and evaluation. CLUPPI shall accept LUCF from the RCLUPPI only if the LUCF is complete and consistent, otherwise, it shall be returned to the RCLUPPI.
DOCUMENTARY REQUIREMENTS FOR LAND USE CONVERSION APPLICATIONS
A. REQUIREMENTS FOR ALL APPLICATIONS:
1. Application for Conversion (Land Use Conversion (LUC) form No. 1, Series of 1994)
2. Special Power of Attorney, if the petitioner is other than the owner of the land
3. True copy of Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) certified by the Register of Deeds.
4. Location Plan, Vicinity Map of the land and Area Development Plan including Work and Financial Plan, statement of justification of economic/social benefits of the project and recent photographs of the property being applied for conversion.
5. Proof of financial and organizational capability to develop the land, such as:
a. Profile of developer, including details of past or current development projects
b. Financial Statements duly authenticated by a certified public accountant
c. Articles of Incorporation or Partnership, if the applicant/developer is a corporation or partnership
6. Zoning certification from the HLURB Regional Officer when the subject land is within a city/municipality with a land use plan/zoning ordinance approved and certified by the HLURB (LUC form No. 2, Series of 1994)
7. Certification of the Provincial Planning and Development Coordinator that the proposed use conforms with the approved land use plan when the subject land is within a City/Municipality with a land use plan/zoning ordinance approved by the Sangguniang Panlalawigan (SP). The certification should specify the SP Resolution Number and the date of the approval of the land use plan. (LUC form No. 3, Series of 1994)
8. Certification from the Regional Irrigation Manager of the National Irrigation Administration (NIA) (LUC form NO. 4, Series of 1994) or the President of the cooperative or irrigator's association, if the system is administered by a cooperative or association (LUC form No. 4-A, Series of 1994) on whether or not the area is covered under AO No. 20, Series of 1992 of the Office of the President.
9. Certification from the DENR Regional Executive Director concerned, that the proposed conversion is ecologically sound (LUC form No. 5, Series of 1994)
10. Additional requirements if at the of the application, the land is within the agricultural zone:
a. Certification from the DAR Regional Director concerned, that the land has ceased to be economically feasible and sound for agricultural purposes (LUC form NO. 6, Series of 1994) or
b. Certification from the local government unit that the land or locality has become highly urbanized and will have greater economic value for commercial, industrial and residential purposes (LUC Form No. 7, Series of 1994)
c. Municipal/city resolution favorably indorsing the application for conversion
B. ADDITIONAL REQUIREMENTS WHEN THE APPLICANT IS A BENEFICIARY OF THE AGRARIAN REFORM PROGRAM:
1. Certification from DAR that the applicant is the actual farmer-awardee, and that at least five (5) years have elapsed since the award of the land to him (LUC form No. 8, Series of 1994)
2. Certification from the Land Bank of the Philippines (LBP) in the area, that the farmer-awardee has fully paid his obligations (LUC form No. 9, Series of 1994)
C. ADDITIONAL REQUIREMENT FOR APPLICATION OF LANDS WITH AREAS OF FIVE (5) HECTARES OR MORE
The applicant shall submit a sworn statement stating that he/she has not previously filed a similar application over a portion of the same titled property.
D. ADDITIONAL REQUIREMENT IF THE LAND IS PLANTED TO COCONUT TREES:
Certification from the Philippine Coconut Authority (PCA) that the majority of the coconuts in the subject land had become senescent and economically unproductive or had been afflicted with a plant disease hazardous to healthy trees. (LUC Form No. 10, Series of 1994)
E. DOCUMENTS REQUIRED FOR APPLICATION FOR LANDS TO BE CONVERTED INTO AGRO-PROCESSING PLANTS:
The applicant shall comply with all the documentary requirements of this Administrative Order except those mentioned under items No. VII-A-7 and 10 a, b and c.
F. DOCUMENTS REQUIRED IF THE APPLICANT SEEKS TO CONVERT CROPLANDS INTO A POULTRY, LIVESTOCK OR SWINE PROJECT: ALL DOCUMENTS IN A1-A9. HOWEVER, IN LIEU OF ITEM A-10, ONLY A CERTIFICATE FROM THE DA REGIONAL DIRECTOR TO THE EFFECT THAT THE PROPOSED PROJECT IS OF GREATER ECONOMIC VALUE THAN THE EXISTING LAND USE, WILL SUFFICE.
ANNEX A
QUALIFICATION CRITERIA FOR PARCCOM CHAIRMAN'S SELECTION
1. The Chairman shall:
A. be a bona fide resident of the province and nominated as such for said position;
B. be at least 21 years old;
C. not be an employee of the government, that in case he must first give up his government position;
D. not a member of PARCCOM immediately upon appointment as chairman to maintain objectivity in his Chairmanship; and
E. actively support the Comprehensive Agrarian Reform Program.
2. The PARC Executive Committee shall evaluate the personal data sheet submitted by the applicants and conduct a panel interview with the applicants who are recommended by the Evaluation Committee.
3. The PARCCOM Chairman shall be selected/appointed by the PARC Executive Committee based on the recommended of the Evaluation Committee.
4. The lead questions to be posed to the applicants and the specific areas to be covered by this interview are presented in Annex B.
5. Using the attached Evaluation format (Annex C,), the applicant shall be rated by using the indicators in relation to his response to the questions posed by the panelist in Appendix A. The applicants shall be rated from a scale of one (1) to five (5) for each indicator where one.