Department of Agrarian Reform

SUBJECT    :     Guidelines for the Processing of Land Use Conversion Applications Pursuant to
                           Administrative Order No. 1, Series of 2002 Entitled "2002 Comprehensive Rules
                           on Land Use Conversion"

To fully implement DAR Administrative Order No. 1, Series of 2002, the following guidelines for the processing of land use conversion applications are hereby promulgated: TCIEcH

SECTION 1.0 Filing of Application

1.1 An applicant can secure one complete set of Land Use Conversion (LUC) Application and Certification forms together with a checklist of requirements from any of the following DAR offices:

(a) DAR Central Office — Center for Land Use Policy, Planning and Implementation (CLUPPI)

(b) DAR Regional Office — Regional CLUPPI (RCLUPPI)

1.2 All applications filed and received after the effectivity of AO No. 1, Series of 2002, shall use the new set of application/certification forms (LUC Form No. 1 to 9) attached to this Memorandum Circular. The CLUPPI/RCLUPPI shall likewise use the new set of internal forms (LUC Form A to K also attached), for processing of applications. HICSTa

1.3 Following the instructions that accompany the application, the applicant shall install the public notice billboards. The applicant shall post, in a conspicuous place(s) within the subject property, a public notice contained in a billboard made of strong weather resistant material such as plywood, galvanized iron, tin, panaflex, or other similar durable material, measuring 1.22 meters by 2.44 meters (4 feet by 8 feet). If the landholding has an area of more than twenty (20) hectares, the applicant shall erect one (1) billboard for every twenty (20) hectares, on strategic and visible points in the landholding, preferably along a road. The billboard shall be written in the local dialect and shall display all the information mentioned below, to wit:

1. Statement that the applicant is proposing to convert the subject landholding from agricultural to non-agricultural use (specify the proposed use of the subject landholding);

2. Complete name of the landowner(s) and applicant(s) and developer(s);

3. Total area and exact location(s) of the property(ies) applied for conversion;

4. Filing date of application for conversion (the date when the CLUPPI/RCLUPPI received the application);

5. Date of posting of billboard;

6. Schedule of ocular inspection;

7. Deadline for filing protest (not later than thirty days from posting of the billboard or not later than fifteen days from conduct of ocular inspection);

13. Address of the CLUPPI and RCLUPPI and PARO where oppositors may formally file their protest; AEScHa

9. Address of the approving authority; and

10. Date of approval or denial of the application (which shall be left blank, and which the applicant shall fill up upon approval or denial of the application).

1.4 After securing the application forms and posting of billboard, the applicant shall submit to the MARO two (2) folders of which the first folder contains therein the clear photocopies of the following:

1.4.1. Duly accomplished Application Form (LUC Form No. 1);

1.4.2. True copy of OCT/TCT of the subject land certified by the Register of Deeds not earlier than thirty days prior to application filing date. In case of untitled lands, Certification from the DENR Community Environment and Natural Resources (CENRO) that the landholding has been classified as alienable and disposable and Certification from the DENR-CENRO/Clerk of Court that the titling process has commenced and that there are no adverse claimants;

1.4.3. True copy of OCT/TCT as of 15 June 1988 and all successor Titles until the present Title(s) of the subject landholding(s);

1.4.4. Directional Sketch Map;

1.4.5. MARO Certification or LUC Form No. 3 (to be filled-up by the MARO);

1.4.6. Notice of Land Use Conversion or LUC Form No. 4 (to be filled-up and posted by the MARO); and

1.4.7. A photograph of the front view of the billboard(s).

The second folder shall contain those specified from 1.4.1 up to 1.4.4 hereof.

1.5 The MARO shall keep the first folder for himself and transmit the second folder to the PARO within five (5) days from receipt hereof. DTESIA

1.6 Within two (2) days from receipt of the folders, the MARO shall post the Notice of Land Use Conversion (LUC) or LUC Form No. 4 in a conspicuous place in the Municipal Hall and in the barangay hall covering the subject land. Two (2) notices shall be posted by the MARO: one written in the English language and the other, written in the local dialect.

1.7 The MARO shall issue a Certification (LUC Form No. 3) within twenty (20) days (or within ten [10] days for housing projects) from receipt of the abovementioned folder.

1.8 Upon completion of the documentary requirements, including the MARO Certification, the applicant shall submit four (4) land use conversion folders (one [1] original set and three [3] photocopy sets) containing the accomplished application form and all applicable documents to the following offices:

(a) RCLUPPI — applications involving lands with an area less than or equal to five (5) hectares, or a fraction above five (5) hectares;

(b) CLUPPI-1 — applications involving lands with an area larger than five (5) hectares.

1.9 For housing projects, Certifications from the HLURB, DA and DENR, may be submitted by the applicant at a later time.

SECTION 2.0 Receipt of Application

2.1 The CLUPPI/RCLUPPI shall designate a receiving officer who shall be assisted by a technical staff and perform the following functions:

(a) Receive the application (in four [4] folders, including the original set) and immediately review the same for completeness;

(b) Accomplish the pre-evaluation sheet or LUC Form A;

SECTION 3.0 Assessment of Filing Fee, Inspection Cost and Bond

3.1 If application is found complete and sufficient, the receiving officer shall issue an assessment for the filing fee using LUC Form B to the applicant.

3.2 The filing fee and inspection cost shall be as follows:

Area Applied Filing Fee Inspection Cost

Five(5) Hectares P1,000.00 P10,000.00 — if the subject

and Below landholding is within the same

island as that of the Office of the

Regional Director;

-do- P15,000.00 — if the subject

landholding is not within the same

island as that of the Office of the

Regional Director;

More than Five (5) P2,000.00 P10,000.00 — if the subject

Hectares landholding is within the main

island of Luzon (except Bicol

peninsula);

-do- P15,000.00 — if the subject

landholding is within Regions I to

IV but is not located within the

main island of Luzon;

-do- P15,000.00 — if the subject

landholding is in Bicol Peninsula or

Visayas group of islands; or

-do- P20,000.00 — if the subject

landholding is in the Mindanao

group of islands.

3.3 The receiving officer shall likewise issue an assessment for the bond to guarantee against premature conversion using LUC Form C to the applicant. DIESaC

(a) The cash bond shall be computed at two and 5/10 percent (2.5%) of the zonal value of the land as per latest issuance of the Bureau of Internal Revenue in the form of cash or manager's/cashier check.

(b) In lieu of a cash bond, the applicant may post a surety bond issued by the GSIS equivalent to at least fifteen percent (15%) of the total zonal value of the land per latest issuance of the Bureau of Internal Revenue, indicating the following conditions at the minimum that:

b.1 the bond is callable on demand;

b.2 the DAR shall forfeit the bond in favor of the Agrarian Reform Fund when it finds the applicant carrying out any premature conversion activity; and

b.3 the validity of the bond shall be for a period of one (1) year, but renewable on a year to year basis, if necessary.

(c) Upon submission by the applicant of the map of the development plan reviewed by the HLURB, and an appropriate certification from HLURB (LUC Form No. 7) or NHA or NHMFC, the following projects shall be exempted from posting a "bond to guarantee against premature conversion."

c.1 Socialized Housing projects as certified by the HLURB;

c.2 Resettlement projects for families displaced by development of government projects as certified as such by the National Housing Authority (NHA); and

c.3 Community Mortgage Program (CMP) projects as certified as such by the National Home Mortgage Finance Corporation (NHMFC).

When the application involves a mixed use of socialized and non-socialized housing projects, the application shall not enjoy any bond exemption for socialized housing unless at least eighty (80) percent of the land applied for conversion shall be used directly and exclusively for socialized housing. HTAEIS

3.4 Upon issuance of the assessment for filing fee, inspection cost and bond, the applicant shall proceed to the Accounting Division of the DAR Regional/Central Office for issuance of Order of Payment. Payment shall be made to the Cashier of said office.

3.5 The cash bond shall be held in trust in accordance with accounting and auditing rules and regulations and shall be refundable upon issuance of the order of conversion, or convertible into performance bond at the applicant's option. The original copy of the GSIS surety bond shall be submitted to the Cashier Division of the DAR Central Office and the Office of the DAR Regional Director concerned for safekeeping and shall be returned to the applicant upon issuance of the order of conversion. The refund of cash bond or return of surety bond shall be subject to verification that premature development has not been undertaken. A clear photocopy of the GSIS surety bond shall remained attached to LUC Form No. 2.

3.6 The amount paid, number and date of the Official Receipt (OR), together with the application number, must be written on the application form (LUC Form No. 1) in all four (4) sets of the LUC folder by the CLUPPI/RCLUPPI receiving officer: Provided, That only applications with the required OR number shall be marked officially received and processed accordingly. Acceptance date of the folders shall be the "Filing Date" of the application.

3.7 The distribution of the four (4) folders shall be as follows: The RCLUPPI/CLUPPI shall keep a folder containing the originals and a folder containing photocopies. The original set of land use conversion folder (LUCF) must be rubberstamped "ORIGINAL" by the CLUPPI/RCLUPPI receiving officer.

3.8 At the same time, the RCLUPPI/CLUPPI Secretariat shall transmit the remaining two (2) LUCFs to the PARO and MARO, respectively. Immediate transmittal of said LUCF is important because the PARO shall utilize the information therein when acting upon any protest against the application, or when issuing any comment that he may wish to submit to the RCLUPPI/CLUPPI in connection with the application. SCETHa

SECTION 4.0 Evaluation of Application

4.1 CLUPPI/RCLUPPI technical staff shall evaluate the application as to its completeness and sufficiency and prepare the briefer (LUC Form D) which shall serve as reference material in the conduct of field investigation.

4.2 The CLUPPI/RCLUPPI, through official communication, shall immediately inform the applicant of any issues that have to be clarified including, among others, inconsistent and/or insufficient information provided for in the documents submitted.

4.3 The evaluation/processing of the application for land use conversion shall follow the periods prescribed under DAR AO No. 1, S. 2002. However, the filing of any protest shall interrupt the running of the period for processing applications for conversion, and shall suspend the deadline for approving or disapproving the application.

4.4 Any protest or opposition filed against the conversion shall be disposed of simultaneously with the application. Whenever necessary, the approving authority may, motu proprio or upon motion by any oppositor, issue a Cease and Desist Order. However, if the protest or opposition requires the action of another entity such as DAR Adjudication Board or any other agency, prejudicial to the application, the latter shall be held in abeyance until the protest/opposition is finally resolved.

SECTION 5.0 Field Investigation

5.1 Within ten (10) days from Filing Date, the RCLUPPI/CLUPPI shall issue to the applicant a Notice of Conduct of Ocular Inspection (LUC Form E), indicating the date thereof.

5.2 The applicant shall transmit said Notice to the MARO and indicate the ocular inspection date on the billboard(s) at least five (5) days before conduct of ocular inspection. On or before ocular inspection date, the applicant shall submit to the RCLUPPI/CLUPPI proof that the MARO was able to receive a copy of said Notice.

5.3 The CLUPPI/RCLUPPI shall also inform the MARO by any fastest means of communication of the date of ocular inspection with instruction to ensure dissemination of the Notice to all farmers, agricultural lessees, share tenants, farmworkers, actual tillers, or occupants in the subject landholding.

5.4 The ocular inspection shall be held not later than twenty (20) days from date of issuance of the Notice of Conduct of Ocular Inspection or not later than fifteen (15) days for priority development areas and projects, or ten (10) days for housing projects from date of issuance of the Notice of Conduct of Ocular Inspection.

5.5 The CLUPPI/RCLUPPI Chairperson shall designate the members of the ocular inspection team who shall conduct field investigation and dialogues with the farmers, agricultural lessees, share tenants, farmworkers, actual tillers, or occupants found in the subject landholdings to ascertain the information necessary for the in-depth evaluation of the application using as guide the Ocular Inspection Report (LUC Form F).

5.6 The CLUPPI/RCLUPPI ocular inspection team shall proceed first to the MARO before going to the site to be inspected.

5.7 The MARO shall request the tenants, farmworkers or bona fide occupants, if any, to be present at the site during the ocular inspection. TAEDcS

5.8 The ocular inspection team shall prepare an Ocular Inspection Report (LUC Form F) within five (5) days from the date of inspection.

SECTION 6.0 Deliberation and Resolution of Application

6.1 After completion of the inspection, the CLUPPI/RCLUPPI shall deliberate on the merits of the application and recommend appropriate action thereon. The body deliberating on the application may call the applicant and/or the oppositors, if any, for clarificatory questioning in order to judiciously resolve the application for conversion.

The RCLUPPI may invite the PARO in the deliberations. In his discretion, the PARO may submit a written comment to the RCLUPPI/CLUPPI.

6.2 The RCLUPPI/CLUPPI shall forward its recommendation together with the records to the approving authority not later than eighty (80) days from Filing Date or not later than sixty (60) days for priority development areas/projects or not later than thirty (30) days for housing projects from Filing Date.

6.3 Except for housing projects, applications involving a total area larger than five (5) hectares and which involve area(s) which is/are highly restricted from conversion, or those, in the opinion of the Secretary, require inter-agency inputs that are crucial for its judicious disposition, shall be endorsed by the CLUPPI/RCLUPPI to the PARC Land Use Technical Committee (PLUTC) for further review/evaluation within ten (10) days from receipt thereof.

6.4 Within ten (10) days from the date of deliberation, the CLUPPI/RCLUPPI shall prepare/draft an Order of Approval or Denial.

6.5 The first page of the Conversion Order (or its denial) shall contain the following information:

1. Conversion case number;

2. OCT/TCT numbers and corresponding lot numbers and area in hectare per title. In case of untitled lands, the lot numbers and corresponding survey plan numbers;

3. Names of all registered landowners for each parcel of land;

4. Name of applicant or representative, if the applicant is not the landowner;

5. Name of the Developer;

6. Proposed use of the land; and

7. Total area applied for conversion.

6.6 The dispositive portion of the Conversion Order (or its denial) shall contain the following information:

1. Name of applicant or representative, if the applicant is not the landowner;

2. OCT/TCT numbers and corresponding lot numbers and area in hectare per title. In case of untitled lands, the lot numbers and corresponding survey plan numbers;

3. Approved use of the land or proposed use in case of denial;

4. Total area approved or disapproved for conversion;

5. Grounds for approval/denial; and

6. Date of approval or denial of the Order.

6.7 Within thirty (30) days from submission of the recommendation, the approving authority shall resolve the application.

SECTION 7.0 Conditions of Conversion Order

The following conditions shall form part of the Order of Conversion approving the application and shall also be set forth in the dispositive portion thereof:

7.1 Within five (5) days from receipt of the Conversion Order, the landowner shall post a performance bond in accordance with Sections 26 of DAR AO No. 1, S. 2002, Failure to develop the area within the stipulated period in the Order shall result in the forfeiture of the performance bond in favor of the DAR and the cancellation of the Order.

7.2 Within thirty (30) days from receipt of the Conversion Order, the landowner shall request the Register of Deeds to annotate on the property's title the land use allowed under the Conversion Order.

7.3 Within sixty (60) days from receipt of the Conversion Order, the landowner/applicant shall submit to the CLUPPI or RCLUPPI a certified true copy of the title that already contains the annotation indicating the land use allowed under the Conversion Order.

7.4 Within sixty (60) days from receipt of the Conversion Order, the landowner, solidarily with his co-owner(s) and developer(s), shall pay disturbance compensation to the affected farmers, agricultural lessees, share tenants, farmworkers, actual tillers, or occupants, in such amounts or kinds as the parties may mutually agree upon, subject to the approval of the DAR.

7.5 Within one (1) year from receipt of the Conversion Order, the landowner and/or developer shall commence development on the property approved for conversion, and shall complete development not later than the deadline(s) set forth in its site development plan schedule, but in no case shall development extend beyond five (5) years from receipt of the Conversion Order.

7.6 The applicant shall not undertake any development until all the applicable permits and clearances from other concerned government agencies have been granted.

7.7 For housing projects, the landowner shall secure an ECC, if applicable, prior to undertaking any development therein.

7.8 The landowner and his representatives shall allow DAR officials free and unhampered access into the property approved for conversion for the purpose of monitoring compliance with the terms and conditions thereof.

7.9 The landowner and future landowner(s) of the property approved for conversion shall not change its use to another use not authorized under the Conversion Order without prior consent from the DAR. This prohibition extends to changes in housing standards, changes in selling schemes, changes from social housing to open market housing or vice-versa, and all other similar changes.

7.10 The landowner and/or developer shall submit quarterly reports on the status of development to the MARO, PARO and DAR Regional Office covering the subject property with the proper tribunal.

7.11 The grant of a Conversion Order alone shall not be a ground for eviction of any occupant in the subject properties. Any person who desires to evict occupants on the basis of the Conversion Order shall invoke other meritorious grounds and file the proper action.

7.12 The DAR reserves the right to revoke the Conversion Order upon valid grounds and after proper investigation.

SECTION 8.0 Release and Transmittal of Order

8.1 The Order of Approval/Denial, as well as the entire LUCF, shall be forwarded to the Records Division which shall distribute copies of the Order to the following parties and keep custody of the LUCFs:

8.1.1. The concerned landowner/applicant;

8.1.2. The concerned DAR Regional Director;

8.1.3. The concerned PARO;

8.1.4. The concerned MARO;

8.1.5. The Commissioner of the HLURB for applications approved at the DAR Central Office or the Regional Officer of the HLURB for applications approved at the DAR Regional Office;

8.1.6. The Executive Director of the CLUPPI;

8.1.7. The Registry of Deeds of the locality wherein the area applied for conversion is located, among others, shall be given a copy of the Conversion Order. (The applicant, upon filing of the application for conversion, shall give the complete address of the local Registry of Deeds to the RCLUPPI/CLUPPI Secretariat); and

8.1.8. The Director of the DENR's Environment Management Bureau (EMB).

8.2 The Records Division of the Regional Office shall also furnish a copy of the Order, together with a copy of the LUCF, to the DAR Central Office Records Division. The respective Records Division shall retain the original copy of the LUCF for custody and safekeeping.

SECTION 9.0 Disposition of Bond

9.1 The cash bond shall be refundable upon issuance of the Order of Conversion or Denial or convertible into performance bond at the applicant's option in case of approval of the application. The cash bond shall be forfeited in favor of the DAR in the event actual conversion activities are conducted by the applicant prior to approval of the application.

9.2 The procedures for the refund of cash bond or its conversion to performance bond are as follows:

9.2.1 Documentary Requirements

The cash bond shall be refunded to the applicant or converted into a performance bond, at the applicants' option, within five (5) days from issuance of the Order of Conversion or Denial and after submission of the following documents: HDAECI

a) Letter request of applicant indicating his/her option (LUC Form G);

b) MARO certification on status of development of the area applied for conversion (LUC Form H); and,

c) Original copy of official receipt (OR) of cash bond payment or photocopy of GSIS Surety Bond. Provided, that in case of loss of the original OR, a certified true copy of the OR issued by the DAR cashier and an Affidavit of Loss executed by the applicant shall be submitted.

Failure of the applicant to submit the above requirements within the prescribed period shall mean automatic conversion of cash bond to performance bond. Provided, that conversion of cash bond to performance bond is allowed only in cases of approved applications for conversion without premature development, or where no forfeiture order was issued by the DAR.

9.2.2 General Procedures

a) Upon receipt of the documentary requirements listed in Item 9.2.1, the Head, CLUPPI/RCLUPPI Secretariat, shall determine whether or not premature development has taken place prior to issuance of the conversion order based on CLUPPI/RCLUPPI Inspection Team report attached to the application (LUC Form F) and/or MARO certification (LUC Form H);

b) If there is no premature development undertaken, the Head, CLUPPI/RCLUPPI Secretariat, shall prepare a Voucher refunding the cash bond to the applicant or an Authority to convert the cash bond to performance bond or return the GSIS Surety Bond (LUC Form I). Said Voucher or Authorization shall be signed by the CLUPPI Executive Director/Regional Director and transmitted to the Accounting Division of the Central/Regional Office.

c) If premature development has been undertaken, the cash bond/GSIS Surety Bond shall be forfeited in accordance with Section 9.3 of this Memorandum Circular;

d) Upon receipt of the Voucher for refund of cash bond, the Accounting Division shall cause the processing of the same for refund in accordance with existing accounting and auditing rules and regulations. On the other hand, the Accounting Division shall draw a Journal Voucher to convert the cash bond to performance bond, copy furnished the applicant, the CLUPPI, and the Cashier's Office;

e) The Cashier Division of the Central Office/Regional Office shall issue the necessary payment for refund of cash bond.

9.3 The procedures for the forfeiture of cash bond and surety bond are as follows:

9.3.1 The bond shall be forfeited in favor of the DAR in the event illegal or premature conversion, as defined under existing laws and regulations, is undertaken by the applicant prior to issuance of the Order of Conversion or Denial.

9.3.2 If premature development is determined based on CLUPPI/RCLUPPI Inspection Team report (LUC Form F) and/or MARO certification (LUC Form H), the Head, CLUPPI/RCLUPPI Secretariat, shall issue a show-cause letter to the applicant requiring him/her to explain within fifteen (15) days from receipt thereof, why the premature development was undertaken and why the cash bond should not be forfeited in favor of DAR.

9.3.3 Upon receipt of applicant's reply, the approving authority for the conversion application shall evaluate the merits thereof with the assistance of the CLUPPI/RCLUPPI Secretariat. If the reasons therefore are found just and valid, the approving authority shall issue an order authorizing the refund or return of the bond or its conversion to performance bond, at the applicants option, in accordance with Sec. 9.2 hereof. On the other hand, if the reasons are not meritorious, an Order of forfeiture of Bond shall be issued by the approving authority for conversion. Failure by the adverse party to submit a written explanation within fifteen (15) days from receipt of the show-cause letter shall result in the automatic forfeiture of the bond.

9.3.4 The Order of Forfeiture of Bond shall be signed by the designated approving official for the conversion application and shall be issued to the applicant.

9.3.5 In appropriate cases, as determined by the CLUPPI/RCLUPPI Committee, as when the applicant has been given the opportunity to explain in writing the illegal or premature conversion in the course of the ocular inspection or immediately thereafter, the order forfeiting the bond may be embodied or incorporated in the Order of Conversion or Denial itself signed by the designated approving authority.

9.3.6 Upon issuance of the Certificate of Finality, the CLUPPI/RCLUPPI Secretariat shall prepare and endorse to the DAR Accounting Division a Voucher forfeiting the proponent's bond in favor of the DAR, with the following supporting documents:

a) Copy of Order of Forfeiture or Order of Conversion/Denial with forfeiture provision; and

b) Copy of Certificate of Finality of said Order.

9.3.7 The bond forfeited pursuant to this Memorandum Circular shall be remitted to ARF 158 in accordance with Section 1.d of Republic Act No. 8532, subject to existing accounting and auditing rules and regulations.

SECTION 10.0 Posting of Performance Bond

10.1 The applicant shall post a performance bond within five (5) days from issuance of the Order of Conversion.

10.2 General Procedures

10.2.1 The CLUPPI/RCLUPPI Secretariat shall assess or determine the amount representing the performance bond of the applicant (LUC Form J);

10.2.2 The performance bond shall be posted in either of the following forms:

a) Cash or manager's check/cashier's check computed at two and 5/10 percent (2.5%) of the total zonal value of the land; or

b) Surety Bond, collectible on demand, issued by the Government Service Insurance System (GSIS) computed at fifteen percent (15%) of the total zonal value of the land.

10.2.3 The applicant may convert the cash bond to performance bond pursuant to Sec. 9.2 of this Memorandum Circular.

10.2.4 Upon issuance of the Assessment, the applicant shall proceed to the DAR Accounting Division for issuance of the Order of Payment in case of cash or its equivalent, or in case of conversion of cash bond to performance bond, to draw the necessary Journal Voucher for the conversion of cash bond to performance bond.

10.2.5 If the performance bond is in the form of GSIS Surety Bond CLUPPI/RCLUPPI Secretariat shall evaluate its authenticity and the conditions stipulated therein.

10.2.6 The Cashier Division shall accept payment for the performance bond in cash or in manager's check. The Cashier Division of the DAR Central Office shall also accept and retain custody for safekeeping the performance bond posted in the form of GSIS Surety Bond. The Office of the Regional Director shall be responsible for safekeeping of GSIS surety bond in the DAR Regional Office.

10.2.7 In case of inability or failure of the applicant to post a performance bond within the prescribed period, the approving authority for the conversion shall issue a Revocation Order upon recommendation of the CLUPPI/RCLUPPI Committee. The Revocation Order is appealable in accordance with AO No. 1, Series of 2002, and pertinent laws and regulations.

10.3 Release of Performance Bond

10.3.1 The performance bond shall be posted for and must be valid for the duration of the development of the project approved under the conversion order. It shall be released by the DAR, subject to compliance with the conditions in the Order of Conversion and upon issuance by the MARO of a Certificate of Completion of Project and/or Compliance with Conditions of Conversion Order (LUC Form K), as verified by the CLUPPI/RCLUPPI ocular inspection team. Provided, that the performance bond shall not be released in case there is a protest/complaint filed by an aggrieved party against the applicant or the surety company, until such protest or complaint is resolved or the approving authority, for good reasons, decides to allow its release.

10.3.2 The applicant shall submit a letter request, together with the following documents, to the CLUPPI/RCLUPPI Secretariat for the release of performance bond:

a) Proof of final completion of the project;

b) MARO's Certificate of Completion of Project and/or Compliance with Conditions of Conversion Order (LUC Form K); and,

c) Original copy of OR, if performance bond is in cash/checks, or photocopy of surety bond.

10.3.3 Upon verification of the documents submitted, the head, CLUPPI/RCLUPPI Secretariat, shall prepare and initial a Voucher refunding the performance bond to the applicant, in case the same is posted in cash or checks, or an Authority to release the performance bond in case of surety bond. Said voucher or Authorization shall be signed by the CLUPPI Executive Director/Regional Director and transmitted to the Accounting Division of the Central/Regional Office;

10.3.4 In case of Surety Bond, the Head, CLUPPI/RCLUPPI Secretariat shall prepare an Authorization to release the performance bond, signed by the CLUPPI Executive Director/Regional Director. aCSTDc

10.5 Forfeiture of Performance Bond

10.5.1 Thirty (30) days after the lapse of the prescribed period for development of the project and upon confirmation that the applicant has failed to complete the same, or upon failure of the proponent to comply with the other conditions of the Conversion Order within the required period, the Head, CLUPPI/RCLUPPI Secretariat, shall issue a Notice of Forfeiture requiring the proponent to show cause why the performance bond should not be forfeited in favor of the government within fifteen (15) days from receipt thereof.

10.5.2 Upon expiration of the above-mentioned 15-day period, and upon finding that the failure to complete the project or comply with the conditions is without just and valid cause, the CLUPPI/RCLUPPI Secretariat shall prepare and present the case to the CLUPPI/RCLUPPI Committee for deliberation and recommendation. Upon recommendation of the Committee the CLUPPI/RCLUPPI Secretariat shall prepare an Order of Forfeiture of the performance bond, to be signed by the designated approving authority of the Conversion Order.

10.5.3 Upon issuance of the Order of Forfeiture, the Head, CLUPPI/RCLUPPI Secretariat, shall prepare and endorse to the Accounting Division a Voucher forfeiting the proponent's performance bond in favor of the DAR, together with a copy of the Order of Forfeiture.

10.5.4 In case of GSIS Surety Bond, the CLUPPI/RCLUPPI Secretariat, upon issuance of the Order of Forfeiture, shall send a communication to the GSIS signed by the approving authority of the Conversion Order directing the GSIS to pay the DAR in view of the forfeiture of the performance bond.

SECTION 11.0 Accrual to Agrarian Reform Fund

All interest earnings on bonds, if any, and all forfeited bonds shall accrue to the Agrarian Reform Fund (Fund 158) pursuant to Republic Act No. 8532.

SECTION 12.0 Repealing Clause

All Orders, circulars, issuances or portions thereof which are inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.

SECTION 13.0 Effectivity

This Memorandum Circular takes effect immediately.

Diliman, Quezon City, May 21, 2002.

(SGD.) HERNANI BRAGANZA
Secretary

DOCUMENTARY REQUIREMENTS FOR LAND USE CONVERSION

A. Standard Requirements: Six (6) sets of land use conversion folder (LUCF) consisting of the following: (One [1] original set and five [5] photocopy sets) with table of contents and page numbers of all documents including photographs, sequentially numbered, except for maps and development plans which shall likewise be in sextuplicate but shall be submitted in six separate envelopes with contents properly labeled on each envelope. Of the six (6) folders, two (2) will be transmitted to the Municipal Agrarian Reform Officer (MARO), containing therein only the filled-up application form and the documents specified in Nos. 4, 5, 14 and 26 hereunder. The remaining four (4) folders shall contain all the documents enumerated hereunder that are applicable. The arrangement thereof shall follow the sequence of the enumeration below, with the requirement referred to in No. 1 hereof being the first document after the table of contents:

1. Official receipt showing proof of payment of filing fee and inspection cost.

2. Official receipt showing proof of posting of bond or an original copy of the GSIS surety bond in accordance with the terms and conditions set forth in Section 24 of DAR AO No. 1, Series of 2002.

3. Sworn Application for Land Use Conversion. (Form No. 1)

4. True copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) of the subject land, certified by the Register of Deeds not earlier than thirty (30) days prior to application filing date.

In case of untitled land, the following shall be required in lieu of a title:

4.1. Certification from the Department of Environment and Natural Resources-Community Environment and Natural Resources Officer (DENR-CENRO) that the landholding has been classified as alienable and disposable; and

4.2. Certification from the DENR-CENRO (for administrative confirmation of imperfect title) or the Clerk of Court (for judicial confirmation of imperfect title) that the titling process/proceedings has commenced and there are no adverse claimants.

5. True copy of the Certificate of Title of the subject land as of 15 June 1988, and all successor Titles until the present Title referred to in No. 4 hereof, if applicable.

6. True copy of the current Tax Declaration covering the subject property.

7. Project feasibility study.

8. Joint venture agreement or any other business arrangement on the use of the land between the landowner and the developer (if the developer is other than the landowner) or between the Emancipation Patent/Certificate of Land Ownership Award (EP/CLOA) holders and the developer (if the land was awarded under the agrarian reform program).

9. Narrative description of the development plan describing in detail the activities, program components, phasing, schedule, work and financial plan, all duly certified by a licensed engineer, architect, or land use planner.

10. Proof of financial and organizational capability of the developer to develop land, including the following information:

10.1. Statement of project cost and availability of potential funding source(s) for the development of the proposed project;

10.2. Profile of the developer;

10.3. Most recent financial statement, not later than the year before application, duly authenticated by a certified public accountant; and

10.4. If the developer is a corporation or partnership, a copy of its Certificate of Registration and recent General Information Sheet (GIS) for the immediately preceding year, certified by the Securities and Exchange Commission (SEC), or in lieu of the latter, a duly accomplished GIS sworn to before a notary public, provided, that if the land is to be used for socialized housing by the LGU under EO 124-1993, a Sanggunian Resolution appropriating funds for the project and authorizing the LGU to undertake the same shall be required: Provided, further, that if the socialized housing shall be undertaken by other government agencies such as the National Housing Authority and the like, a board resolution approving the project and appropriating funds therefor shall likewise be submitted. HCaEAT

11. Socio-Economic Benefit-Cost Study of the proposed project.

12. Photographs, size 5R (five [5] inches by seven [7] inches), using color film, and taken on the landholding under sunlight. The applicant shall attach the pictures to a paper background and the photographer who took said pictures shall sign on said paper background to certify the authenticity of the pictures. On each background paper shall be written a short description of each picture. The pictures shall consist of:

12.1. At least four (4) photographs taken from the center of the landholding: one (1) facing north, one (1) facing east, one (1) facing south, and one (1) facing west;

12.2. At least one (1) photograph per corner, taken from each corner of the landholding's borders.

12.3. At least two (2) photographs each for all distinct man-made structures existing on the land, taken from opposite angles;

12.4. At least two (2) photographs each of the front view of the billboard(s) required in Section 11 of DAR A.O. No. 1 Series of 2002. The applicant shall set aside the second copy of said billboard photograph(s) for submission to the Municipal Agrarian Reform Officer (MARO); and

12.5. Sufficient number of photographs of the most conspicuous landmarks from the nearest barangay center and leading to and from the ingress and egress routes at the subject landholding, for the purpose of assisting the ocular inspection team in locating the site.

13. Affidavit/Undertaking in a single document of the applicant. (LUC Form No. 2)

14. MARO Certification (LUC Form No. 3) and Notice of Land Use Conversion in English language (LUC Form No. 4) and in local dialect (LUC Form No. 4A).

15. Certification from the Housing and Land Use Regulatory Board (HLURB) Regional Officer on the actual zoning or classification of the land subject of the application based on the approved comprehensive land use plan citing: (a) the municipal or city zoning ordinance number; and (b) resolution number and date of approval by the HLURB or the Sangguniang Panlalawigan concerned, as the case may be. (LUC Form No. 5)

16. Certification from the authorized Department of Agriculture (DA) official stating, among others, the classification of the property under the NPAAAD and SAFDZ, whether or not the subject property is within the five percent (5%) limit of the SAFDZ allowed for conversion, the status of irrigation coverage of the subject property, and whether the land has ceased to be economically feasible and sound for agricultural purposes.

17. Certification from the authorized DENR official stating, among others, whether or not the subject land is within the National Integrated Protected Area System (NIPAS), mossy and virgin forests, riverbanks, or swamp forests and marshlands; within an Environmentally Critical Area (ECA), or will involve the establishment of an Environmentally Critical Project (ECP). (LUC Form No. 6).

18. Environmental Compliance Certificate (ECC) when the subject land is within an ECA or will involve the establishment of an ECP.

19. If applicable, Special Power of Attorney (SPA), when the applicant is not the registered owner.

20. If applicable, notarized secretary's certificate of a corporate/cooperative board resolution authorizing the representative, when the applicant is a corporation or cooperative.

21. If applicable, concurrence letter of the mortgagee or of the individual or entity in whose favor the encumbrance was constituted, when the property is encumbered.

22. If applicable, endorsement from the concerned government agency, when the application involves a priority development area or project, such as:

a) NEDA-NLUC endorsement if under EO 124-1993; or

b) HLURB endorsement if socialized housing (LUC Form No. 7); or

c) PEZA Board Resolution approving the project for ecozone project

23. If applicable, Land Bank of the Philippines (LBP) Certification attesting that the applicant-landowner has fully paid his obligations to the LBP, when the applicant-landowner is a beneficiary of the agrarian reform program. (LUC Form No. 8)

24. If applicable, Provincial Agrarian Reform Officer (PARO) Certification attesting that the applicant-landowner acquired the subject land from a landed-estate or under the Voluntary Land Transfer / Direct Payment Scheme (VLT/DPS) and he has already fully paid his obligation thereunder, when the applicant-landowner is a beneficiary of the agrarian reform program. (LUC Form No. 9)

25. Vicinity map and a lot plan prepared by a duly-licensed geodetic engineer indicating the lots being applied for and their technical descriptions, name of owner/s, lot number and area. The map shall highlight the specific area applied for conversion if the application covers less than the total lot area.

26. Directional sketch map showing the orientation of the subject property in relation to adjoining lands and nearest provincial and/or national and/or feeder roads, to facilitate and determine the location of the property for the purpose of ocular inspection. The map shall: indicate the existing infrastructure and/or improvements thereon including any house or tillage thereupon of any occupant therein; landmarks within a one (1) kilometer radius; and owners of adjacent properties. The map need not be drawn to scale.

27. Map of the development plan. For socialized housing projects, the applicant shall submit map of the development plan with marked "reviewed by the HLURB."

28. Topographic Map if the subject property is within an upland, hilly or mountainous area. SaCDTA

Note: The applicant shall submit all the foregoing applicable requirements from Nos. 1 to 28 hereof at the time of filing of the application to the CLUPPI/RCLUPPI. However, for applications involving housing projects under EO-45-2001, requirements mentioned in Nos. 15 to 18 maybe submitted at a later time.

LUC FORM NO. 1

SERIES OF 2002

APPLICATION No. _____

RECEIVED

Date: ________________________ 2002

Time: ____________________________

Number of Pages: ___________________

Received By: _______________________

For the CLUPPI/RCLUPPI to fill up:

FILING FEE/INSPECTION CASH BOND OFFICIAL

COST OFFICIAL RECEIPT:

RECEIPT: Amount: ____________Pesos

Amount: ________Pesos Date: ____________2002

Number: ________________

Date: _______ 2002

For surety bond in lieu of cash bond, please

Number: attach the necessary documents from the

______________ Government Service Insurance System (GSIS).

Surety bonds that are not from the GSIS are not

acceptable.

SWORN APPLICATION

FOR

LAND USE CONVERSION

THE HONORABLE SECRETARY

Department of Agrarian Reform

Diliman, Quezon City

Sir:

Pursuant to DAR Administrative Order No. 1, Series of 2002 (2002 Comprehensive Guidelines on Land Use Conversion), I hereby apply for land use conversion from agricultural to _______________________________________ use and submit the following information relative to the property/ies subject of this application:

I. APPLICANT'S PERSONAL CIRCUMSTANCES

A. INDIVIDUAL LANDOWNER

(IF THE APPLICANT IS THE LANDOWNER)

Name: ___________________________________________________

Address: _________________________________________________

Telephone: ____________________ Fax: ________________________

Mobile No.: ____________________ E-mail: _____________________

B. CORPORATION/PARTNERSHIP/GOVERNMENT ENTITY

Name: ___________________________________________________

Address: _________________________________________________

Telephone: ____________________ Fax: _______________________

Mobile No.: ____________________ E-mail: ____________________

PRESIDENT or HEAD of Corporation or Government entity:

Name: __________________________________________________

Telephone: ____________________ Fax: _______________________

Telephone: ____________________ E-mail: _____________________

C. CO-OWNERSHIP:

Number of co-owners: ________

Name and addresses of co-owners: (List down all the names of co-owners)

Co-owner Name: _____________________________________________

Address: ____________________________________________________

Co-owner Name: _____________________________________________

Address: ____________________________________________________

Co-owner Name: _____________________________________________

Address: ____________________________________________________

(Use separate sheet if necessary and attach as an annex to this LUC Form)

D. REPRESENTATIVE (IF APPLICANT IS NOT THE LANDOWNER):

Name: ___________________________________________________

Address: _________________________________________________

Telephone: ____________________ Fax: ________________________

Mobile No.: ____________________ E-mail: _____________________

SOURCE OF AUTHORITY:

[ ] Special Power of Attorney [ ] Board Resolution

II. LAND DEVELOPER

Please fill up regardless of whether or not the developer is the applicant. If the developer is not the landowner/applicant, please attach contract or Memorandum of Agreement (MOA) between the landowner/s and the developer for the development of the property.

Name of the developer: ______________________________________

President/Head: ____________________________________________

Address: _________________________________________________

Telephone: ____________________ Fax: _______________________

Telephone: ____________________ E-mail: _____________________

License/Registration Number: _________________________________

Issuance Date: ______________ Expiration Date: _________________

III. LOCATION OF LANDHOLDING/S

Barangay/s: ____________________________________________

Municipality/City: ________________________________________

Province: ______________________________________________

IV. DESCRIPTION OF LANDHOLDING/S

Main Access Road: _______________________________________

Other Access Road: ______________________________________

A. LAND TITLE AND AREA AS OF 15 JUNE 1988

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS AN ANNEX TO THIS LUC FORM)

B. SUCCESSOR TITLES

IF PRESENT TITLE/S IS DIFFERENT FROM THAT COVERING THE PROPERTY/IES ON 15 JUNE 1988

(Use separate sheet if necessary and attach as an Annex to this LUC Form)

C. PRESENT LAND TITLE AND AREA(S) APPLIED FOR CONVERSION

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS ANNEX TO THIS LUC FORM)

D. TABLE OF TITLE(S) AS OF 15 JUNE 1988 AND SUCCESSOR TITLE(S):

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS AN ANNEX TO THIS LUC FORM)

V. LAND COVER AND USE OF APPLIED AREA

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS AN ANNEX TO THIS LUC FORM)

VI. TOPOGRAPHY:

TOPOGRAPHY: HECTARES: PEAK ELEVATION:

[ ] Flat _________ [ ] Not above 500 meters

[ ] Upland _________ [ ] Above 500 meters

[ ] Hilly _________

[ ] Mountainous _________

[ ] Plateau _________

[ ] Valley _________

VII. ACCESSIBILITY

(APPROXIMATE DISTANCE FROM THE FOLLOWING LANDMARKS IN KILOMETERS):

Barangay Road ______ Barangay Center ________

Municipal Road ______ Municipal Hall ________

Provincial Road ______ Provincial Capitol ________

National Highway ______

Public Market ______

School ______

Other Landmarks ______ Specify: _____________________

Remarks (specify type of road, means of access, others):

________________________________________________________

VIII. ZONAL VALUE

(PER LATEST ISSUANCE OF THE DEPARTMENT OF FINANCE)

ZONAL VALUE per square meter: (P/sq. m.) ____________

Area Applied (In Hectares): ____________ (Total Zonal Value P) _____

IX. CARP COVERAGE

[ ] With Notice of Acquisition / Valuation

[ ] With perfected Voluntary Land Transfer / Direct Payment Scheme

[ ] With approved Stock Distribution Option

[ ] Within landed estate / resettlement

[ ] Not covered by any of the above Specify: ____________________

____________________

X. TENURIAL STATUS

[ ] with agricultural lessee(s) number: _______

[ ] with share tenant(s) number: _______

[ ] with regular farmworker(s) number: _______

[ ] with seasonal farmworker(s) number: _______

[ ] with other farmworker(s) number: _______

[ ] with actual tiller(s) number: _______

[ ] with occupant(s) number: _______

[ ] with ___________________ number: _______

[ ] none

XI. INDIVIDUAL AREAS OCCUPIED BY ABOVE PERSONS, IF APPLICABLE

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS AN ANNEX TO THIS LUC FORM)

XII. TITLE(S) WITH ANNOTATION OF ENCUMBRANCE(S):

(USE SEPARATE SHEET IF NECESSARY AND ATTACH AS AN ANNEX TO THIS LUC FORM)

[ ] YES [ ] NONE

If yes, specify type of encumbrance ___________________________

(NOTE: Attach letter of concurrence of the mortgagee, or/of the individual/entity in whose favor the encumbrance(s) was constituted, to the proposed conversion of the property)

If covered with several land titles, specify OCT/TCT Nos. and corresponding encumbrance(s)

_________________________________________________________

XIII. BILLBOARD

Number of Billboards Erected: ____ Billboard Width (in meters): ______

(One [1] billboard for

every [20] hectares)

Date Erected: _____________ Billboard Length (in meters): ______

Materials used for billboard: ____________________________________

Exact Location(s) of Billboard(s):

Billboard 1 ____________________________________________

Billboard 2 ____________________________________________

Billboard 3 ____________________________________________

MESSAGE WRITTEN ON BILLBOARD (FILL-UP APPROPRIATE BOX ONLY)

DIALECT: _________________________

ATTACH CLEAR COLOR PHOTOGRAPH OF ENTIRE BILLBOARD (size 5 inches by 7 inches)

(All The Contents Of The Entire Billboard Must Be Legible In The Photograph)

___________________________

LANDOWNER/APPLICANT

TIN: _________________

Community Tax Certificate

Number: _________________

Place: ___________________

Date: ___________________

________________ ________________

Witness Witness

ACKNOWLEDGMENT

Republic of the Philippines )

) s.s.

BEFORE ME this _______________ 2002 in _________________________ personally appeared the above, known to me and to me known as the person(s) who executed this SWORN APPLICATION FOR LAND USE CONVERSION after exhibiting to me his/her/their respective Tax Identification Number (TIN) and Community Tax Certificate, and he/she/they acknowledged the voluntary execution of this sworn application and full comprehension of its legal consequences.

Document ____

Page ____

Book ____

Series of 2002

Notary Public

Write a check mark in the appropriate bracket "[ ]"or fill in the blanks with the correct information. Any false statement or deliberate inaccuracy shall be a ground for outright denial of the application and criminal prosecution for perjury. Any portion left blank is equivalent to a sworn statement by the applicant that the information requested by the blank line is "N/A" or "Not Applicable", which, if found to be otherwise, shall be subject to the rule on willful suppression of evidence.

LUC FORM NO. 2

SERIES OF 2002

REPUBLIC OF THE PHILIPPINES

MUNICIPALITY OF ______________ ]

PROVINCE OF __________________ ] s.s.

AFFIDAVIT OF UNDERTAKING

I, ______________________, of legal age, citizen of the ______________________, single or married to ______________________, and with residence address at ________________________ having been duly sworn in accordance with law, hereby depose and say that:

1. I am the owner/(authorized representative of the owner[s]) of the ____ (number) parcel(s) of land subject of an application for conversion.

2. The land subject of my application for conversion has no vertical nor horizontal development of any kind that is related to any non-agricultural use.

3. As a sign of good faith, I posted a bond to guarantee the present status of the land and my/our obligation not to conduct and not to allow any development of any nature by any person, whether or not acting on my/our behalf, over the entire property subject of the conversion application, until such time that the DAR has issued a Conversion Order authorizing development of the project applied for. The bond I posted is (please write a check mark in the appropriate box) *:

[ ] Cash Bond

Amount: ____________________________ Pesos

I hereby state under oath that the above amount is equivalent to two point five percent (2.5%) of the zonal value of the land applied for conversion per latest valuation by the Department of Finance.

Official Receipt date: ___________________

Official Receipt number: _________________

Official Receipt issued by:

[ ] DAR Central Office

[ ] DAR Regional Office of __________________

(state region number)

[ ] Government Service Insurance System (GSIS) Surety Bond, the original and a clear photocopy of which are attached to this Affidavit.

Amount: ____________________________ Pesos

I hereby state under oath that the above amount is equivalent to fifteen percent (15%) of the zonal value of the land applied for conversion per latest valuation by the Department of Finance.

Surety Bond Date: ________________________

Surety Bond Number: ______________________

4. The total number of farmers, agricultural lessees, share tenants, farmworkers, actual tillers, occupants, or others directly working on the land is (please write a check mark in the appropriate box):

[ ] None

[ ] ________ persons. Their names are (use separate sheet when necessary):

______________________ ______________________

5. I/we paid (or undertake to pay) disturbance compensation to the following persons at the following amounts and schedule of payments (use separate sheet when necessary):

6. I/we erected _____ (number) of billboard(s) and undertake not to remove, deface, nor destroy said billboard(s), and that I/we shall repair or replace the same when damaged, until after the approving authority disposes of the application with finality.

7. I/we have not commenced any action or filed any claim involving the land subject of my/our application for conversion in any court, tribunal or quasi-judicial agency. To the best of my/our knowledge, no such other action or claim is pending therein. I/we have no knowledge of any controversy or proceeding involving the said parcel of land(s) or the rights of person over its possession and entitlement to its fruits or rights thereto as beneficiary, the determination of which is filed before any tribunal, court, the DAR or any other agency. To my/our own knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency. Should there be any same or similar action or proceeding involving the property applied for conversion, which is either pending or may have been terminated, I/we shall report such fact within five (5) days from knowledge thereof to the approving authority where my/our aforesaid application has been filed.

8. With this instrument, I/we authorize the DAR to forfeit the bond in paragraph "3" of this affidavit the moment the DAR finds, upon proper notice, that there is development within the area, undertaken either before or after the filing of the present conversion application, that is related to any non-agricultural use before the issuance of a conversion order.

IN WITNESS WHEREOF, we hereunto affix our signatures on the date and in the place indicated below.

___________________________

LANDOWNER/APPLICANT

TIN: _________________

Community Tax Certificate

Number: _________________

Place: ___________________

Date: ____________________

SUBSCRIBED AND SWORN TO BEFORE ME, this day of _________________________ in __________________, affiant exhibiting to me his/her Community Tax Certificate No. issued on ______________________, 200___ at _____________________________________________.

Document ____ Notary Public

Page ____ _____________

Book ____ _____________

Series of ____

* Not applicable to application exempt from posting of bond to guarantee against premature conversion as specified in Sec. 24.5 of DAR AO No. 1, S. 2002.

LUC FORM NO. 3

SERIES OF 2002

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

MUNICIPAL AGRARIAN REFORM OFFICE

Municipality of: __________________

CERTIFICATION FOR LAND USE CONVERSION APPLICATION

I. BRIEFER

Name of Landowner/s:___________________________________________

Representative: ________________________________________________

Address: _____________________________________________________

Telephone: ____________________________________________________

Developer: ____________________________________________________

Address: _____________________________________________________

Location of Property:

Street(s)/Sitio/Purok: ______________________________________

Barangay: _______________________________________________

Municipality / City: ________________________________________

Province: _______________________________________________

Total Area Applied for Conversion (in Hectares):

Number of Parcels: ________________________________________

Proposed Use: ___________________________________________

II. DESCRIPTION OF THE PROPERTY

(Use separate sheet if necessary and attach as annex to this LUC Form)

III. STATUS OF COVERAGE UNDER RA 6657 AND/OR PD 27

A. STATUS OF AREA APPLIED FOR CONVERSION

(Attached complete report on the status of each parcel of land applied for conversion under CARP/PD 27, if necessary)

* NOC — Notice of Coverage

MOV — Memorandum of Valuation by LBP to DAR

NLVA — Notice of Land Valuation and Acquisition issued by DAR to landowner

VLT/DPS — Voluntary Land Transfer/Direct Payment Scheme

OLT — Operation Land Transfer

LE — Landed Estate

RA — Retained Area

NA — None of the Above

B. STATUS OF SURROUNDING AREAS

(Attach status report of areas surrounding the land applied for conversion in terms of CARP coverage)

C. INDIVIDUALS IN THE AREA APPLIED FOR CONVERSION

(Use separate sheet if necessary and attach as annex to this LUC Form)

IV. POSTING OF BILLBOARD

A. A billboard(s) has been posted in a strategic and conspicuous place(s) along the boundary of the property(ies) applied for conversion with the following specifications:

1. Material/s used __________

2. Billboard length (in meters) __________

3. Billboard width (in meters) ___________

4. Number of Billboards erected _________

5. Exact Location of Billboard(s):

Billboard 1 _______________________________________________

Billboard 2 _______________________________________________

Billboard 3 _______________________________________________

B. COLOR PHOTOGRAPH OF BILLBOARD (size 5 inches by 7 inches)

(All the contents of the entire Billboard must be legible in the PHOTOGRAPH)

V. POSTING OF NOTICE OF LAND USE CONVERSION APPLICATION

Notice of Land Use Conversion Application of the property has been posted in a conspicuous place at the:

Barangay Hall of Barangay: ___________________________________

Date: ______________________________________________

Until: ______________________________________________

Municipal/City Hall of ________________________________________

Date: _______________________________________________

Until: _______________________________________________

I, Municipal Agrarian Reform Officer of ________________________________, hereby attest that all the foregoing information written or appearing in this CERTIFICATION, consisting of ________ ( ) pages including this page and the attachment(s), is true and accurate to the best of my own personal knowledge.

_______________________________________

MUNICIPAL AGRARIAN REFORM OFFICER

Date of receipt of request for this certification: ________________

Date of issuance of this Certification: ________________

LUC FORM NO. 4

SERIES OF 2002

(To be filled up by the MARO)

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

MUNICIPAL AGRARIAN REFORM OFFICE

Municipality of : _______________

NOTICE OF LAND USE CONVERSION APPLICATION

NOTICE is hereby given that ___________________________ has filed with DAR an Application for Land Use Conversion over ______ parcel/s of land situated in Barangay _______________, Municipality of ________________, Province of ________________________ covering an area of ________________ hectares, specifically identified as follows:

(Use separate sheet if necessary and attach as annex to this LUC Form)

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 PARO and/or Executive Director CLUPPI or RCLUPPI Chairperson not later than thirty (30) days from posting of the billboard/s or not later than fifteen (15) days from conduct of ocular inspection, whichever is later.

Prepared and Posted by : __________________________

MARO

Date Prepared: ____________________ Date Posted: ___________________

NOTE: Accomplished copy of this Notice is to be issued to the applicant together with the LUC Form No. 3, while duplicate copies shall be posted in the conspicuous place at the Barangay Hall and Municipal Hall of the locality where the land sought to be converted is located.

HLURB Certification No. ________

LUC FORM NO. 5

Series of 2002

(To be filled-up by the Regional HLURB)

Republic of the Philippines

HOUSING AND LAND USE REGULATORY BOARD

Office of the Regional Officer

Region _________________

CERTIFICATION

I. BASIC INFORMATION

A. No. of Parcels : _______________________________

B. Location of Property: _______________________________

C. Total Area (ha) _______________________________

D. Proposed Use: _______________________________

E. Description of Landholdings

(Use separate sheet if necessary and attach as annex to this LUC Form)

II. STATUS OF COMPREHENSIVE LAND USE PLAN (CLUP)/ZONING ORDINANCE (ZO)

1. [ ] WITH APPROVED CLUP/ZO

THIS IS TO CERTIFY that the above described landholdings is/are zoned for uses/s specified in the above table per approved Comprehensive Land Use Plan/Zoning Ordinance of the city/municipality of _________________, dated ________________ ratified by the Housing and Land Use Regulatory Board (HLURB)/Sangguniang Panlalawigan (SP) through Board/SP Resolution No. __________ dated ______________________ in accordance with pertinent issuances;

Further, the proposed conversion:

[ ] Conforms/is compatible with the approved land use plan and/or Zoning Ordinance

[ ] Does not conform/is not compatible with the approved land use plan and/or Zoning Ordinance

Per record of this Office, the city/municipality of ______________________________ has a total zoned agricultural land of ___________________ hectares of which _______________ hectares have been reclassified since _____________, as approved by the HLURB/SP per HLURB/SP Resolution No. _________________ dated ______________________.

2. [ ] WITH CLUP/ZO PENDING APPROVAL BY HLURB/SP

THIS IS TO CERTIFY that the above described property/ies is/are located within the area zoned for _____________ use per Comprehensive Land Use Plan/Zoning Ordinance No. _____ dated _______________ submitted to HLURB/SP for approval on __________________ and same remains pending to date.

This is to certify further that: per record of this office said city/municipality of ____________________ will have a total zoned agricultural land of _________ hectares.

3. [ ] WITHOUT CLUP/ZO

THIS IS TO CERTIFY that the municipality/city of ________________ has not submitted its Comprehensive Land Use Plan/Zoning Ordinance to this Office.

This Certification is issued upon the request of Mr./Mrs./Ms. ________________________________________ in relation to his/her application for land use conversion.

Given this _____ day of __________________, _____________.

__________________________

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/Development Permit or License to Sell; 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. 6 DENR Certification No. _______

Series of 2002

(To be filled-up by the DENR)

Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Office of the Regional Executive Director

Region _____________________

C E R T I F I C A T I O N

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:

(Please use separate sheet if necessary and attach as annex to this LUC Form)

is/are classified as: (Please check)

1. [ ] Within protected areas under the National Integrated Protected Area System (NIPAS)

2. [ ] Within environmentally critical area (ECA); specify: _________________

3. [ ] Within mossy and virgin forests

4. [ ] Within riverbanks

5. [ ] Within swamp forests and marshlands

6. [ ] None of the above

Further, the proposed project to be undertaken in the area applied for conversion is:

1. [ ] Environmentally critical project (ECP); specify: _____________________

2. [ ] Not environmentally critical project (ECP)

(NOTE: If the subject property falls within ECA or the proposed project is an ECP, an ECC shall be secured and attached to this certification as additional documentary requirement.

This Certification is issued upon the request of Mr./Mrs./Ms. ___________________ relative to his/her application for land use conversion.

Given this _____ day of _______________, __________.

__________________________________

Regional Executive Director

Note:

1. This Certification shall not be considered as development permit.

2. This Certification shall not be construed as an Environmental Compliance Certificate (ECC).

LUC FORM NO. 7 HLURB Certification No. _______

Series of 2002

(To be filled-up by the HLURB)

Republic of the Philippines

HOUSING AND LAND USE REGULATORY BOARD

Office of the Regional Officer

Region ___________________

C E R T I F I C A T I O N

(Please use separate sheet if necessary and attach as annex to this LUC Form)

is/are proposed for low-cost/socialized housing project and conforms with the minimum design standards of Batas Pambansa (BP) 220. The project, however shall be subject to pertinent issuances (Clearances, Development Permit, Certificate of Registration and Licensed to Sell) from Government Agencies concerned.

This Certification is issued upon the request of Mr./Mrs./Ms. ___________________ relative to his/her application for land use conversion.

Given this _____ day of _______________, __________.

________________________________

Regional Officer

LUC FORM NO. 8 LBP Certification No. __________

Series of 2002

(To be filled-up by the LBP Branch/Field Manager)

Republic of the Philippines

LAND BANK OF THE PHILIPPINES

Office of the Branch/Field Manager

Branch/Field Office _____________

______________________________

CERTIFICATE OF FULL PAYMENT OF ARB's OBLIGATIONS

(Please use separate sheet if necessary and attach as annex to this LUC Form)

FURTHER, it is certified that the subject landholding/petition was found to be awarded to the following farmer-beneficiaries, namely:

FURTHERMORE, the abovementioned farmer-beneficiaries of the agrarian reform program have [ ] fully paid [ ] not fully paid their obligations.

This Certification is issued upon the request of Mr./Mrs./Ms. __________________________________________________ in relation to his/her application for land use conversion..

Given this ________ day of __________________, _________.

____________________________

Branch/Field Manager

NOTE:

1. This Certification shall be required when the applicant/landowner is a beneficiary of agrarian reform program.

LUC FORM NO. 9 DARPO Certification No. __________

Series of 2002

(To be filled-up by the PARO)

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Provincial Agrarian Reform Office

Province: ___________________

C E R T I F I C A T I O N

(Please use additional sheet if necessary and attach as annex to this LUC Form)

In summary, the total number of FBs involved are ______________ of which __________ (no.) of FBs have fully paid their obligation and _______________ (no. of FBs) are authorized to have his/their lands/s converted because at least five (5) years have already lapsed since its/their award to said farmer beneficiaries (FBs).

This Certification is issued upon the request of Mr./Ms./Mrs. ________________________ in relation to his/her application for land use conversion.

Given this ______ day of ___________________, _________.

________________________________

Provincial Agrarian Reform Officer

(Please state in the remarks if under LBP financing and other comments, if any. If under LBP financing, LBP Certification of Full Payment [LUC No. 7] shall be secured and attached to the LUCF as additional requirement.)

NOTE:

1. This Certification shall be required when the applicant/landowner is a beneficiary of agrarian reform program; and

(To be filled-up by Receiving Officer of CLUPPI/RCLUPPI) LUC FORM A

Series of 2002

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Center for Land Use Policy, Planning and Implementation (CLUPPI)

Office (Central/RCLUPPI): _______________________

PRE-EVALUATION FOR APPLICATION FOR LAND USE CONVERSION OF ALL PRIVATE AGRICULTURAL LANDS

A. PETITIONER

1. Name of Applicant: _______________________________________

(Signatory in the Sworn Application for Conversion)

If the applicant is not the landowner, specify basis of authority to represent the landowner:

[ ] Special Power of Attorney [ ] Board Resolution

2. Postal Address: _________________________________________

3. Proposed Use of the Land/s :* _____________________________

4. Total Area Applied for Conversion (in hectare): ______________

Location of the Property/ies: _____________________________

5 Name of Developer: _____________________________

Address: _____________________________

Tel No.: _____________________________

B. LANDHOLDING INFORMATION

1. Name of Registered Title No. Lot No./ Date of Area Per Area
Landowner/s Survey No. Registration Title Title Applied

_____________ __________ __________ __________ ___________ _________

2. With encumbrance/s [ ] Yes [ ] No

If yes, specify type of encumbrance/s ___________________________

If covered with several land titles, specify OCT/TCT Nos. with encumbrance(s) __________________________________

[ ] With concurrence of mortgagee or of individual/entity in whose favor the encumbrance was constituted.

[ ] Without concurrence of mortgagee or/of individual/entity in whose favor the encumbrance was constituted.

* If application is for housing project pursuant to EO 45, S. 2001, the required certification from HLURB, DA, and DENR may be submitted at a later time.

Type of Document With Sufficient Not Without

Document Sufficient Document

1. Notarized Application for conversion (LUC Form No. 1) ______ ______ ______ ______

2.a Photocopy of TCT/OCT Certified by ROD not later

than 30 days prior to filing; if the property/ies is untitled: ______ ______ ______ ______

• DENR-CENRO certification that the property/lies is

alienable & disposable; and

• Certification from the Clerk of Court/CENRO that:

a) the titling process/proceedings has

commenced;

b) there are no adverse claimants

2.b True Copy of TCT/OCT of the subject land/s as of 15 ______ ______ ______ ______

June 1988 and all successor titles until the present title.

2.c True copy of current Tax Declaration ______ ______ ______ ______

3. Project Feasibility Study ______ ______ ______ ______

4. JVA or any other business arrangement on the use of the ______ ______ ______ ______

land between the landowners/EP/CLOA holders and the

developer.

5. Narrative description of the area Development plan

describing in detail the activities, program components, ______ ______ ______ ______

phasing, schedule

• Work and Financial Plan, all duly certified by a

licensed engineer, architect, or land use planner ______ ______ ______ ______

6. Proof of financial and organizational capability to develop

the land/s, such as:

• Statement of Project Cost and availability of potential ______ ______ ______ ______

funding sources for the development of the project;

• Profile of developer including details of past or ______ ______ ______ ______

current development projects;

• Most recent Financial Statements duly authenticated ______ ______ ______ ______

by a certified public accountant

• Copy of Certificate of Registration and certified true ______ ______ ______ ______

copy of recent General Information Sheet (GIS)

certified by the SEC or notarized GIS

Or,

For socialized housing project to be implemented by

LGU:

• Sangguniang Bayan (SB) Resolution appropriating ______ ______ ______ ______

funds for the project; and

• SB Resolution authorizing the LGU to undertake the ______ ______ ______ ______

project

7. Socio-economic cost/benefit study ______ ______ ______ ______

8. Photographs of the property ______ ______ ______ ______

9. Affidavit of Undertaking (LUC Form No. 2) ______ ______ ______ ______

10. MARO Certification (LUC Form No. 3) ______ ______ ______ ______

11. Notice of LUC Application (LUC Form No. 4) ______ ______ ______ ______

12. HLURB Certification (LUC Form No. 5) ______ ______ ______ ______

13. DA Certification ______ ______ ______ ______

14. DENR Certification (LUC Form No 6) ______ ______ ______ ______

15. DENR-ECC when the subject land is within an ECA or ______ ______ ______ ______

will involve the establishment of an ECP

16. SPA/Board Resolution (if applicant is other than the ______ ______ ______ ______

owner)

17. Concurrence letter of the mortgagee, if any ______ ______ ______ ______

18. If applicant involves priority development areas: ______ ______ ______ ______

[ ] NEDA-NLUC endorsement if under EO 124

[ ] HLURB endorsement if socialized housing (LUC

Form No. 7)

[ ] PEZA board resolution approving the project for

ECOZONE project

19. If the applicant is FB of CARP: ______ ______ ______ ______

• Certification from LBP (LUC Form No. 8) ______ ______ ______ ______

• Certification from the PARO (LUC Form No. 9) ______ ______ ______ ______

20. Vicinity Map ______ ______ ______ ______

21. Lot Plan prepared by a duly-licensed geodetic engineer ______ ______ ______ ______

indicating the lots being applied for and their technical

descriptions, name of owner/s, lot number and area

22. Directional Sketch Map ______ ______ ______ ______

23. Map of the Development Plan ______ ______ ______ ______

(for socialized housing, the Map of the development plan

submitted must be marked "reviewed by the HLURB")

24. Topographic map (if subject property is mountainous, ______ ______ ______ ______

upland, or hilly)

Remarks:

___________________________________________________________________

Pre-evaluated by: ___________________

Date: ____________________________

LUC FORM B

Series of 2002

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM

Center for Land Use, Policy, Planning and Implementation

Office (Central/RCLUPPI): _______________

To be filled up by CLUPPI/RCLUPPI

ASSESSMENT OF FILING FEE AND INSPECTION COST

Name of Applicant : ________________________

Location of Property/ies : ________________________

Area Applied for Conversion : ________________________

Amount to be paid : ________________________

Filing Fee Inspection Cost Total

P _________ P _________ P _________

Approved for payment:

__________________________

Authorized CLUPPI/RCLUPPI

Representative

To be filled up by ACCOUNTING DIVISION

DATE _____________

ORDER OF PAYMENT

PAYOR ________________________________________

PARTICULAR ________________________________________

AGRARIAN REFORM FUND (FUND 158)

JOURNAL ENTRIES

Account Symbol Debit Credit

_____________ _____________ _____________

Obligation No.

Deposit to: Trust Account

O.R. No. ___________ Date: ______________

Amount ____________

Collecting Officer

________________

Chief Accountant

Distribution of copies:

Original — CLUPPI/RCLUPPI

Duplicate — Accounting Division

Triplicate — Applicant

LUC FORM C

Series of 2002

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM

Center for Land Use, Policy, Planning and Implementation

Office (Central/RCLUPPI): _________________

To be filled up by CLUPPI/RCLUPPI

ASSESSMENT OF BOND

Name of Applicant : ________________________

Total Area Applied for Conversion

(In hectares) : ________________________

Location of Property/Landholdings : ________________________

Province: Area Zonal Value Total Zonal Value

Municipality: (In Hectares) (In Pesos) (In Pesos)

Barangay A _____________ _____________ _____________

Barangay B _____________ _____________ _____________

Barangay C _____________ _____________ _____________

TOTAL _____________ _____________ _____________

Cash Bond

(2.5% of total zonal value) _____________ _____________ _____________

Surety Bond

(15% of total zonal value) _____________ _____________ _____________

Approved for payment:

Authorized CLUPPI/RCLUPPI

Representative

To be filled up by ACCOUNTING DIVISION

DATE _____________

ORDER OF PAYMENT

PAYOR ________________________________________

PARTICULAR ________________________________________

AGRARIAN REFORM FUND (Fund 158)

JOURNAL ENTRIES

Account Symbol Debit Credit

_____________ _____________ _____________

Obligation No.

Deposit to: Trust Account

O.R. No. ___________ Date: ______________

Amount ____________

Collecting Officer

________________

Chief Accountant

Distribution of copies:

Original — CLUPPI/RCLUPPI

Duplicate — Accounting Division

Triplicate — Applicant

LUC FORM D

Series of 2002

(To be filled-up by CLUPPI/RCLUPPI)

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Center for Land Use Policy, Planning and Implementation

Office (Central/RCLUPPI): ______________

B R I E F E R

APPLICATION FOR LAND USE CONVERSION

Name of Landowner/s : _____________________________________

Representative : _____________________________________

Address : _____________________________________

Location of Property/ies : _____________________________________

Total Area (In Hectares) : _____________________________________

Proposed Use : _____________________________________

Date of Filing : _____________________________________

Developer : _____________________________________

Address : _____________________________________

No. of Parcels : _____________________________________

(Attached Description of Landholdings Per Sworn Application for Land Use Conversion)

Agency Remarks Certifying Date
Officer

HLURB _____________ ___________ ____________

DA _____________ ___________ ____________

DENR _____________ ___________ ____________

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines

Copyright Information

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform Elliptical Road, Diliman Quezon City, Philippines

Copyright Information

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines