August 21, 2001
DAR OPINION NO. 14-01
Hon. Rodolfo O. Reyes
Administrator and Chief Executive Officer
Cagayan Economic Zone Authority
7th Floor Westar Building, 611 Shaw Boulevard
Pasig City
Dear Administrator Reyes:
This refers to your request for DAR to make an endorsement to the Office of the President for the issuance of a Presidential Proclamation converting all agricultural lands identified within the planned development area of the Zone to non-agricultural uses to effectively remove CEZA from the coverage of CARP.
Section 4 of DAR Administrative Order No. 01, series of 1999 provides, quote:
"Section 4. Areas Non-negotiable for Conversion. — The following areas shall not be subject to conversion:
(a) Agricultural lands within protected areas designated under the National Integrated Protected Areas System (NIPAs), including watershed and recharged areas of acquifers, as determined by the Department of Environment and Natural Resources (DENR);
(b) All irrigated lands, as delineated by the Department of Agriculture (DA) AND/OR THE National Irrigation Administration (NIA), where water is available to support rice and other crop production, and all production but are within areas programmed for irrigation facility rehabilitation by the DAR and/or the NIA;
(c) All irrigable lands already covered by irrigation projects with firm funding commitments, as delineated by DA and/or NIA; and
(d) All agricultural lands with irrigation facilities operated by private organizations.
Applications for conversion involving areas non-negotiable for conversion shall not be given due course, regardless of whether all or some portions thereof are within areas highly restricted from conversion or within priority development areas for conversion." (emphasis supplied)
Presidential Administrative Order No. 363, series of 1997, Section 1.B, last paragraph thereof provides:
"In all cases, applications for conversion involving lands protected from and non-negotiable for conversion shall not be given due course by the DAR."
Under the aforequoted provisions of law and administrative guideline, subject areas which fall under any of those cases enumerated therein, although they form part of priority development areas for conversion, are non-negotiable for conversion. Consequently, DAR is thus mandated to place them under CARP coverage for redistribution to qualified agrarian reform beneficiaries. In which case, we could not in principle indorse said areas for the issuance of a Presidential Proclamation converting the same to non-agricultural uses. On-the other hand, should subject areas fall within priority development areas for conversion and are found to be outside areas-non-negotiable for conversion, then your request for conversion may be given due course.
We hope to have enlightened you on the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary
Policy, Planning and Legal Affairs Office
Copy furnished:
OSEC Doc. No. 00030936
Hon. Orlando T. Manera
Municipal Mayor
Sta. Ana, Cagayan
The Honorable Mayor
Aparri, Cagayan
PARO Araceli Follante
DAR Provincial Office
Lasam Bldg., cor. Arellano and
Blumentritt St., Tuguegarao
Cagayan
The Municipal Agrarian Reform Officer
Municipal Town Hall
Sta. Ana, Cagayan
17 April 2001
SECRETARY MANUEL ROXAS III
Department of Trade and Industry
Sen. Gil J. Puyat Avenue
Makati City
Dear Secretary Roxas:
We have received your letter, dated 26 February 2001, reiterating the appeal on behalf of the Cagayan Economic Zone Authority (CEZA) for the conversion of agricultural lands within the Cagayan Special Economic Zone and Freeport to non-agricultural uses. We would like to inform you that pursuant to DAR Administrative Order No. 1, Series of 1999 and RA 7916, agricultural areas intended for ECOZONE projects are considered Priority Development Areas (PDAs). However, while ECOZONE projects are prioritized by the government, these projects are not exempt from the land use conversion process.
In order to apply for conversion, an applicant must first secure the requisite Land Use Conversion (LUC) forms from the CLUPPI-1 Secretariat at the DAR Central Office or from the RCLUPPI Secretariat at the DAR Regional Office. These LUC forms include a checklist of requirements that the proponent must comply with before his application can be considered eligible for ocular inspection and subsequent deliberation by the CLUPPI Executive Committee.
Conversion of agricultural lands to non-agricultural uses is allowed only after the DAR's issuance of a Land Use Conversion Order (LUCO). Conversion of any agricultural area sans the requisite LUCO from the DAR constitutes an illegal conversion.
Maraming salamat po.
Very truly yours,
(SGD.) HERNANI A. BRAGANZA
Secretary
Department of Agrarian Reform
Cf: Mr. Rodolfo O. Reyes
Administrator and Chief Executive Officer
Cagayan Economic Zone Authority (CEZA)
Hon. Ma. Victoria Garchitorena
Head, Presidential Management Staff