October 6, 1999
DAR OPINION NO. 53-99
MEMORANDUM
TO : DATU YUSOPH MAMA
Regional Director
DAR CARAGA Regional Office
SUBJECT : Legal Issues Concerning CARP Implementation In DAR-CARAGA
Anent the issues raised in your letter of 13 January 1999, you may be guided by the following:
1. Definition of Agricultural Land.
An "agricultural land", in the context of agrarian reform as found in Section 3 (c) of R.A. No. 6657, Section 1 of R.A. No. 7881 and DAR A.O. No. 01, Series of 1999 (Revised Rules and Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses), is limited to such lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees, including the harvesting of such farm products and other farm activities and practices performed in conjunction with such farming operations by persons, whether natural or juridical, and classified by law neither as mineral land, forest or timber, or national park, nor residential, commercial, industrial or other non-agricultural uses before 15 June 1988 (i.e., effectivity of R.A. No. 6657).
2. Agricultural lands exempted from CARP coverage pursuant to DOJ Opinion No. 44, Series of 1990.
The aforesaid Opinion sets forth that agricultural lands reclassified to non-agricultural uses prior to 15 June 1988 are exempted from the coverage of CARP.
3. Treatment/Disposition of Lands Wherein the Percentage of Undeveloped Slope is Vague.
The law is categorically clear that a landholding having a slope of 18% or more and undeveloped is not within the coverage of CARP. However, an application for exemption and a DAR Clearance are required pursuant to Section 10 of R.A. No. 6657 and DAR A.O. No. 13, Series of 1990.
4. Relation of Republic Act No. 8435 (Agriculture and Fisheries Modernization Act) vis-a-vis DAR Administrative Order No. 07, Series of 1997.
R.A. No. 8435 is the governing statute on Agriculture and Fisheries Modernization while DAR A.O. No. 07, Series of 1997 is the implementing rule on land use conversion. Section 9 of R.A. No. 8435 mandates that certain agricultural lands defined therein shall not be converted for a period of five (5) years from the effectivity of said Act and Section 11 thereof provides penalties for agricultural inactivity and premature conversion of lands within the protected areas as defined therein.
Therefore, insofar as lands within the purview of protected areas as defined in R.A. No. 8435 are, concerned, the prohibition on conversion and penalties provided therein shall prevail.
5. Dominant use of the surrounding land as a basis in determining whether or not a parcel of land is eligible for conversion.
Pursuant to A.O. No. 12, Series of 1994, conversion may be allowed if the dominant use of the area surrounding the land subject of the application for conversion is no longer agricultural, or if the proposed use is similar to, or compatible with the dominant use of the surrounding areas as determined by the DAR. However, with the enactment of DAR A.O. No. 01, Series of 1999, which expressly repealed DAR A.O. No. 12, Series of 1994 and A.O. No. 7, Series of 1997, this criterion ceased to be determinative.
6. Effect of the express repeal of A.O. No. 12, Series of 1994 by A.O. No. 07, Series of 1997 and Later by A.O. No. 01, Series of 1999.
The effect of the express repeal of A.O. No. 12, Series of 1994 by A.O. No. 01, Series of 1999 is the revocation or superseding of the provisions of the former which are inconsistent with that of the latter. Inasmuch as the former A.O. had already been expressly repealed and the substance of paragraph XVI of said Administrative Order is not reproduced in the repealing Administrative Order, those lands covered by a petition for conversion which had been disapproved or covered by conversion order which had been cancelled or withdrawn are not automatically placed under CARP compulsory coverage. Under A.O. No. 01, Series of 1999 (Sec. 37, Art. VII), "the land subject thereof shall revert to the status of agricultural lands and shall be subject to CARP coverage as circumstances may warrant".
7. Difficulty of prosecuting persons who undertake illegal conversion.
As in any other prosecution of criminal actions, the degree of difficulty or ease of prosecuting thereof depends upon the availability of evidence and the presence of the salient ingredients constitutive of the offense. The provisions of Article VIII to X of DAR A.O. No. 01, Series of 1999 and Section 11 of R.A. No. 8435 adequately provide for the prosecution of persons who undertake illegal conversions.
8. Basis of computation of filing fees for application for conversion.
Section 12, Art. III of DAR A.O. No. 01, Series of 1999 provides for the rates of filing fees in applications for conversion, that is, the size or area of the land being sought to be converted.
9. Issuance of Certificate of Eligibility for Conversion of Agricultural Lands.
Pursuant to Department of Agriculture Memorandum dated 07 October 1998, Certificates of Eligibility shall be issued and approved by the Office of the Secretary of Agriculture to ensure proper evaluation and monitoring of land use conversion within the Strategic Agriculture and Fisheries Development Zones (SAFDZs) and other prime agricultural lands within the Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAD). The DA Regional Field Units shall continue to document, investigate and recommend action on applications for land use conversion.
Please be guided accordingly.
(SGD) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Hon. Conrado S. Navarro
Undersecretary
Field Operation and Support Services Office
This Department