PROCEDURES FOR THE CONVERSION OF UNTENANTED LANDS LOCATED WITHIN THE NON-AGRICULTURAL ZONES AS EMBODIED IN THE LAND USE PLANS OF CITIES/MUNICIPALITIES

I
Prefatory Statement

The guiding principle for the policies on conversion shall be the
prevention of indiscriminate conversion of agricultural lands to
non-agricultural uses which may lead to the diminution of CARP coverage
and the undue displacement of tenant beneficiaries.  However, conversion
shall be pursued in a speedy and judicious manner in order to achieve
the objectives of encouraging industrialization and promoting the
optimum use of land as a national resource for public welfare.

II
Policy Statement

The Secretary shall ipso facto issue a general order declaring agricultural lands as converted to non-agricultural uses if:

1.       These are untenanted and located within the residential,
commercial, or industrial zones as embodied in the land use plans of
capital towns, cities and highly urbanized/industrialized municipalities
already approved by the Housing and Land Use Regulatory Board (HLURB)
as of the date of this order;

2.       These are untenanted but outside the residential,
commercial or industrial zones, if the land is intended as a government
project or a joint venture government-private sector project, provided
that the change in land use is supported by a city/town ordinance duly
concurred by the HLURB;

3.       These are awarded lands, and have satisfied Section 65 of R.A. 6657 which provides:

“After the lapse of five (5) years from its award, when
the land ceases to be economically feasible and sound for agricultural
purposes, or the locality has become urbanized and the land will have a
greater economic value for residential, commercial or industrial
purposes, the DAR, upon application of the beneficiary or the landowner,
with due notice to the affected parties and subject to existing laws,
may authorize the reclassification or conversion of the land and its
disposition: Provided, That the beneficiary shall have fully paid his
obligation”

4.       These have not been applied under: a) Voluntary Offer to
Sell (VOS), b) Stock Distribution Option, and c) Voluntary Land transfer
(VLT); and

5.       These have not been covered by a notice of compulsory
acquisition, except in cases where the conversion applied for pertains
to the landowner’s retained area.

III
Procedure

1.  The HLURB shall submit to the DAR zoning ordinances approved as
of the date of this order implementing land use plans of capital towns,
cities and highly urbanized/industrialized municipalities.

2.  The Secretary shall issue a general conversion order.

3.  The Provincial Agrarian Reform Officer (PARO) shall, upon receipt of the Secretary’s general conversion order:

a)      Issue a certification to the applicant/developer upon
request, that his land is covered under the general conversion order
issued by the Secretary provided, that the land subject of the
conversion application is not being contested by tenants, in which case
the PARO shall not issue a certification until such conflict has been
settled.

For this purpose, owners of land covered under the Secretary s
general conversion order shall file his request for certification in
prescribed form with the PARO, enclosing the following:

i)        certified xerox copy of title(s):

ii)       location plan;

iii)      certification of the Municipal Agrarian Reform Officer (MARO) that there are no tenants/ farmworkers on the land;

iv)      certification of the Zoning Administrator of the
city/town/municipality concerned that the land is inside the proper zone
of the city/town; and

v)       certification of the DAR office concerned that the area in question satisfies the provisions of Section II above.

b)      furnish copy of certification to:

i) The Secretary;

ii)            The Director, Bureau of Land Development (BLD);

iii)           The Regional Director concerned; and

iv)           The Municipal Agrarian Reform Officer concerned.

4.  The BLD shall monitor the implementation of this Order and submit periodic reports to the Secretary relative thereto.

IV

This Order amends Section VII of Administrative Order No. 15, Series of 1988, accordingly.

V

This Order takes effect ten (10) days after publication in two (2)
newspapers of general circulation pursuant to Section 49 of R.A. 6657.

Adopted: 6 Nov. 1989 .

(SGD.) MIRIAM DEFENSOR SANTIAGO
Secretary

Effective: 24 November 1989