Comia, Alyssa Giesselle R.

Real Estate – JD 4
Assignment

Simplified Outline of Procedure Re: Land Use Conversion

Who can file?  Landowner; OR
 Duly authorized representative empowered by the
landowner to apply for conversion by virtue of SPA or Board
Resolution/Secretary Certificate; OR
 Agrarian reform beneficiary, when the agricultural land has
been acquired under RA No. 6657
Where to file?  Regional Center for Land Use Policy Planning and
Implementation (RCLUPPI), located at DAR Regional
Office – applications involving land with an area less than
or equal to 5 hectares, or a fraction above 5 hectares


Center for Land Use Policy Planning and
Implementation (CLUPPI), located at DAR Central Office –
applications involving lands with an area larger than 5
hectares
What to file? Duly accomplished and notarized application forms and the
complete documentary requirements:
 Official receipt of filing fee and inspection cost
 Official receipt of posting bond
 True copy of OCT or TCT of the subject land certified by
RD not earlier than 30 days prior to application filing date;
OR in case of untitled land, certification from the DENR
CENRO that the landholding is alienable and disposable
AND certification from DENR CENRO (administrative
confirmation of imperfect title) or the Clerk of Court (judicial
confirmation of imperfect title) that titling
process/proceedings has commenced and there are no
adverse claimants
(Electronic copy of land title shall be accepted
EXCEPT for the following provinces and cities: Sulu
(Jolo), Batanes (Basco), Cagayan (Tuao), Basilan
(Isabela), Cadiz City, Negros Occidental, Silay City,
Dapitan City and Province of Tawi-Tawi (Bongao)
 True copy of the Certificate of Title as of June 15, 1988,
and all successor Titles until the present Title (OCT/TCT)
 True copy of current tax declaration
 Project feasibility study
 Joint venture agreement or any other business
arrangement on the use of the land between the landowner
 and the developer (if other than the landowner) or between
the EP/CLOA holders and the developer (if land was
awarded under agrarian reform program)
 Narrative description of the development plan duly certified
by licensed engineer, architect, or land use planner
 Proof of financial and organizational capability of the
developer to develop the land
 Socio-Economic Benefit-Cost Study of the proposed project
 5R photos of the landholding taken under sunlight attached
to a paper background signed by the photographer; short
description shall be written on each photo
 Affidavit of applicant stating:
- Number and names of farmers, agricultural lessees,
share tenants, farmworkers, actual tillers, and/or
occupants in the landholding;
- That applicant has paid or shall pay disturbance
compensation;
- That applicant has erected the required number of
billboards and undertakes not to remove, deface or
destroy said billboard and repair the same if necessary;
- That applicant has not undertaken and shall not
undertake premature development prior to issuance of
Conversion Order;
- That he authorizes the DAR to forfeit his bond when he
undertakes any premature development;
- That he has not commenced any action or filed any
claim involving the same land in court, tribunal or quasi-
judicial agency.
 Certification of the MARO attesting compliance
 Certification from the HLURB Officer on the actual zoning or
classification of the subject land
 Certification from the authorized DA official regarding the
classification of the property under the NPAAAD/SAFDZ
 Certification from the authorized DENR official stating
whether or not the land is under NIPAS, within ECA or will
involve establishment of ECP
 SPA, if applicant is not the landowner
 Board Resolution/Secretary Certificate, if applicant is a
juridical person
 Concurrence letter of mortgagee, if property is encumbered
 Endorsement from the concerned government agency, if
application involves a priority development area or project
 LBP certification attesting that applicant-landowner has fully
paid his obligation, if applicant is beneficiary of agrarian
reform program
  PARO certification attesting that applicant-landowner
acquired the subject land from a landed-estate or under the
VLT/DPS and he has already fully paid his obligation
thereunder, if applicant is beneficiary of the agrarian reform
program
 Vicinity map and a lot plan prepared by the duly-licensed
geodetic engineer
 Directional sketch map
 Map of the development plan OR blueprint copy of
development plan certified by HLURB for socialized
housing projects
 Topographic Map if the property is within an upland, hilly or
mountainous area

Strictly no application shall be accepted, docketed and processed

UNLESS the documentary requirements are complete and
sufficient in form and substance.

BOND – The applicant, upon filing of the application, shall post a

cash bond equivalent to at least 2.5% of the total zonal value of
the land per latest issuance of Dept. of Finance, in the form of
manager’s/cashier’s check posted in favor of DAR.
In lieu of cash bond, a surety bond issued by GSIS equivalent to at
least 15% of the total zonal value of the land per DOF with the
following conditions:
- Bond is callable on demand
- DAR shall forfeit the bond in favor of Agrarian Reform
Fund when there is any premature conversion activity
- Validity of bond is 1 year, renewable by not more than 1
year when necessary
Projects exempt from bond:
 Socialized housing projects certified by HLURB
 Resettlement projects for displaced families certified by
NHA
 Community Mortgage Program projects certified by NHMFC
When to file? The application must be filed upon COMPLETION of all the
required documents.

Remedies Available to the Parties

PROTEST  Written protest against the application for land use

conversion
 Within 30 days from posting of requisite billboard; OR
Within 15 days from the conduct of ocular inspection
WHICHEVER IS LATER
For applications involving housing projects, within 17
 days from posting of requisite billboard; OR
Within 5 days from the conduct of ocular inspection
WHICHEVER IS LATER
 By persons affected by the proposed land use
conversion such as: identified beneficiaries, farmers,
agricultural lessees, share tenants, actual tillers,
occupants, or residents of adjoining properties or
communities
 To be filed with PARO and/or RCLUPPI/CLUPPI by
personal service, if feasible (PARO – always by personal
service)
 Grounds:
- Area under application is non-negotiable for
conversion
- Adverse effects of the displacement to be caused by
the proposed conversion far outweigh the social and
economic benefits to the affected communities
- Misrepresentation and concealment of material facts
to the application
- Illegal or premature conversion
- Existence of proof that conversion was used as
means to evade CARP coverage and to dispossess
tenant farmers of lands tilled by them
- Land 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
- Applicant violated or application is violative of
agrarian laws, rules and regulations as well as other
statutes and administrative issuances
 Filing of protest shall interrupt any running period for
processing applications for conversion and shall lift the
deadline for approving or disproving the application
 Approving authority shall resolve the protest
simultaneously with the application fir conversion;
whenever necessary, the approving authority mas, motu
propio or upon motion by oppositor, issue a cease and
desist order
MOTION FOR  One motion for reconsideration of the decision, resolution
RECONSIDERATION or final order of the Regional Director or Secretary
 Within a period of 15 calendar days from receipt of the
challenged decision, resolution or final order
 Pendency of timely MR shall stay the execution of the
challenged decision, resolution or final order
 Regional Director’s Level – if MR is denied, movant may perfect
an appeal before Secretary within only the remainder of the
non-extendible period of 15 calendar days; if MR is granted,
aggrieved party may perfect an appeal before the Secretary
within a full non-extendible period of 15 calendar days from
receipt of reversed resolution
Secretary’s Level – if MR is denied, movant may perfect an
appeal before the Office of the President within 15 calendar
days from receipt of resolution denying MR
APPEAL  Only aggrieved parties who are either the applicants,
protestors/oppositors, or both, or their successors-in-
interest may appeal the decision of the Regional Director
or Secretary
 Within a non-extendible period of 15 calendar days from
receipt of decision of the approving authority

The moment the DAR loses jurisdiction over a case by reason

of appeal to the OP, the applicable rules of the OP shall govern
the appeal.

 Appeal from RD to Secretary shall be made by filing a

Notice of Appeal before the Office of the RD of origin,
furnishing copies to all adverse parties, with payment of
appeal fees
Appellant shall submit an appeal brief with BALA within
15 days from perfection of appeal, furnishing copy to all
parties, RCLUPPI, RD, CLUPPI. Appellee may submit a
comment but not motion to dismiss.
 Appeal from Secretary shall be made by filing a Notice of
Appeal before either the Office of the Bureau of Agrarian
Legal Assistance (BALA) Director or directly at the OP,
furnishing copies to all adverse parties, with payment of
appeal fees; may be taken to the CA by certiorari

Appeal is perfected upon filing of proper notice and payment of

appeal fees.
REVOCATION or  Any person may file a petition to revoke; OR
WITHDRAWAL OF  Landowner may file petition to withdraw
CONVERSION  Before the approving authority
ORDERS  Within 90 days from discovery of facts warranting
revocation or withdrawal, but not more than 1 year from
issuance of conversion order
 When the petition alleges any of the grounds below, filing
period shall be within 90 days from discovery of such
facts but not beyond the development period stipulated in
the conversion order
 Grounds:
- Lack of jurisdiction of approving authority
- Misrepresentation or concealment of material facts
- Non-compliance with the condition of the conversion
order
- Non-compliance with the agreement on the
disturbance compensation payment
- Conversion to a use other than that authorized in the
conversion order
- Any other serious violation of agrarian laws