PROCEDURE IN FILING AN APPLICATION FOR LAND CONVERSION

As provided by DAR AO No.1 series of 2002 and 2019

1. The following may file an application for land conversion:

a. Owners of private agricultural lands or other persons duly authorized
through a Special Power of Attorney, Board Resolution or Secretary’s
Certificate specifically mandating the said representative to file the
application and submit supporting documents;
b. Beneficiaries of the agrarian reform program after the lapse of five (5)
years from award, reckoned form the date of the issuance of the
Certificate of Landownership Award (CLOA), and who have fully paid their
obligations and are qualified under the rules, or persons duly authorized
by them; and
c. Government agencies, including GOCCs and LGUs, which own
agricultural lands as their patrimonial property.

2. a. The applications are to be filed with the Regional Center for Land Use Policy
Planning and Implementation (RCLUPPI) when:
 Applications involved lands with an area less than or equal to five
(5) hectares or a fraction above five (5) hectares
b. The applications are to be filed with the Center for Land Use Policy Planning
and Implementation (CLUPPI) when:
 Applications involving lands with an area larger than five (5)
hectares
3. Upon filing of application with the foregoing offices, the applicant shall have the
following documentary requirements:
a. A duly accomplished Application form and verified by the landowner or
duly authorized representative as to the truthfulness and correctness;
b. Electronic copies of the titles covering the subject property/ies (except for
the following provinces and cities: Sulu, Batanes, Cagayan, Basilan, Cadiz
 City, Negros Occidental, Silay City, Negros Occidental, Dapitan City and
Province of Tawi-Tawi);
c. Directional Sketch Map;
d. MARPO Certification;
e. Official receipt of filing and inspection cost;
f. Official receipt showing proof of posting bond;
g. True copy of the tax declaration/s covering the subject property/ies;
h. Project feasibility study;
i. Socio-Economic Benefit Study;
j. Proof of financial and organizational capability of the developer to develop
a land;
k. Colored photographs of the subject property/ies following the
specifications provided by the subsections of Section 10.12 of AO No.1,
s.2002;
l. Affidavit or undertaking setting forth those provided under Section 10.13 of
AO No. 1,s. 2002;
m. Certification from the HLURB Regional Officer on the actual zoning or
classification of the land subject of the application on the approved CLUP;
n. Certification from the authorized DA official stating the classification of the
property under the NPAAAD or SFADZ;
o. Certification from the authorized DENR stating whether the land is within
the NIPAS; within an ECA or will involve the establishment of an ECP;
p. Vicinity map and a lot plan prepared by a duly-licensed geodetic engineer;
q. Map of the development plan; and a
r. Topographic Map if the property is within an upland, hilly or mountainous
area.

4. Considering that the filing date is also the date of acceptance of the application
by either RCLUPPI or CLUPPI, the application shall be filed only upon
completion of the applicable documentary requirements as provided above and
after issuance of the certification from the MARPO.
 a. Filing before the MARPO:
i. The documentary requirements shall only be those provided by
subsections a to d of the preceding number;
ii. The MARPO has twenty (20) days to issue the certification and in
case it fails to act upon the application within the given period
without any justifiable reason, the applicant shall:
1. Notify PARPO and RCLUPPI or CLUPPI by personally filing
an affidavit reporting such inaction;
2. PARPO shall compel MARPO within five (5) days and if
MARPO still refuses without justifiable causes, PARPO shall
assume the duty within 20 days.
5. Ten (10) days after the filing date, the RCLUPPI or CLUPPI shall issue a Notice
of Conduct of Ocular Inspection and such inspection shall not be held earlier than
ten (10) days nor later than twenty (20) days from the issuance date of the
notice.
6. The applicant shall transmit the notice with the MARPO and indicate the ocular
inspection date on the billboard(s) at least five (5) days before conduct of ocular
inspection. The applicant shall submit proof with the RCLUPPI/CLUPPI of receipt
of the notice by the MARPO on or before the ocular inspection. The
RCLUPPI/CLUPPI inspection team has five (5) days to submit a
recommendation.
7. RCLUPPI/CLUPPI has sixty (60) days after the issuance of the certification from
MARPO but not exceeding eighty (80) days from the filing date, to forward its
recommendation.
8. Within thirty (30) days from submission of the recommendation, the approving
authority shall resolve the application and furnish the copies of the decision to the
applicant or oppositors, if there are any.

Remedy of persons affected by the application for Land Conversion

Persons like identified beneficiaries, farmers, agriculutural lessees, share tenants,
actual tillers, occupants or residents of adjoining properties or communities, may file a
written protest against the application within thirty (30) days from posting of the requisite
billboard/s or within fifteen (15) days from the conduct of ocular inspection.
The protest shall be filed with the PARPO, only through personal service, or with
the RCLUPPI or CLUPPI, by personal service if feasible.

The following are the grounds for Protest or Denial of the Conversion:
1. The area under application is non-negotiable for conversion;
2. The adverse effects of the displacement to be caused by the proposed
conversion far outweigh the social and economic benefits of the affected
communities;
3. Misrepresentation or concealment of facts material to the conversion;
4. Illegal or premature conversion;
5. Existence of proof that conversion was resorted to as a means to evade CARP
coverage and to dispossess the tenant farmers of the land tilled by them;
6. The land applied for conversion has not ceased to be economically feasible and
sound for agricultural purposes, or the locality where it is found has not become
urbanized and the land will not have a greater economic value for residential,
commercial or industrial purposes;
7. The applicant has violated, or the application for conversion is violative, of
agrarian laws, rules and regulations as well as the other applicable statutes and
other administrative issuances.