QUEZON CITY -- The Department of Agrarian Reform (DAR) has amended certain provisions on land-use conversion to ensure that the exercise of the conversion authority of the DAR is responsive to the urgent needs under the health emergency as the country approaches the new normal through Administrative Order No. 3 A, series of 2021.

DAR Secretary Bernie F. Cruz said special project undertakings of the government are treated as critically important in conversion applications.

Cruz said that special project undertakings which are critically important include those applications that will bring more benefits to the public, or is absolutely necessary for the community, or would bring more opportunities to the residents in the community, or which would promote public use would help boost the economy, alleviate the lacking economic needs of the community where the project is intended to be had, or which would be beneficial to the underprivileged or homeless citizens.

“Such endeavors consist of, but are not limited to agro-industrial, low cost or socialized housing, power generation or distribution, water generation, and telecommunications,” he said.

Cruz said interested landowners or agrarian reform beneficiaries (ARBs) or the duly authorized representatives must apply for conversion for Special Project Undertakings to the concerned Regional Director (RD) if the landholding for conversion is not more than 5 hectares.

“All applications for conversions for landholdings involving an area of less than 5 hectares shall be acted upon by the concerned regional director,” he said.

He stressed that for application for conversion of agricultural lands with areas of 5 hectares or more, the application must be filed to the Land Use Cases Division-Bureau of Agrarian Legal Assistance (LUCD-BALA), which shall be acted upon by the DAR Secretary or a duly authorized office or committee.

“In determining the total land area under application for conversion, the area of the adjacent land which has been converted for a similar purpose by previous conversion grant regardless of the owner shall be considered,” Cruz said.

He disclosed that a certification from the proponent agency or the local government unit (LGU) involved in the project is required to be submitted for the application for conversion of Special Project Undertakings, except those involving agro-industry projects.

“A conversion application for an energy project like power generation, transmission, or distribution must be certified by the Department of Energy (DOE), or the National Electrification Administration (NEA), or the LGU, whichever is involved in the project,” he said.

Cruz emphasized that a conversion application for socialized housing projects of National Housing Authority (NHA), or by the LGU, or by a private entity which complies with the low-cost housing standards of the NHA as determined by the Socialized Housing Finance Corporation (SHFC); or those which are under the coverage of the National Home Mortgage Finance Corporation and such other similar projects must be certified by the Department of Human Settlements and Urban Development, or the NHA, or the LGU involved in the project, or by the agency which is the proponent of the project.

“A conversion application for a telecommunication site or areas shall be certified by the National Telecommunication Commission (NTC), or the Department of Information and Communications Technology (DICT), or the LGU involved in the project, or by the agency which is the proponent of the project,” he said.

Cruz added that a conversion application for water-related projects and such other similar projects shall be certified by the Metropolitan Waterworks and Sewerage System (MWSS), or the Local Water Utilities Administration (LWUA), or the LGU involved in the project, or by the agency which is the proponent of the project.

A conversion application for resettlement or relocation sites for disaster-stricken areas for displaced informal settlers shall be certified by the National Disaster Risk Reduction and Management Council (NDRRMC), or the LGU involved in the project, or by the agency which is the proponent of the project, that it is a priority resettlement or relocation project

 A conversion application for the use of agricultural lands as a site for national government infrastructure projects shall be certified by the proponent agency like NIA, Departments of Public Works and Highways (DPWH), or of Transportation (DOTr), or the LGU involved in the project that it is a priority infrastructure project.

A conversion application for an agro-industry project shall no longer require any certification from the Department of Agriculture (DA) or any agency. It is sufficient that the LGU, if any, which is involved in the project shall certify that it is a priority project, in the absence of any participating LGU, the DAR shall evaluate the merits of the application and make the determination.

All applications for conversion for agro-industry or agro-industrial undertakings will only be approved if it is determined by the DAR within 30 days that it is a priority project necessary for the increase in yield and income of the farmers which include ARBs, agrarian reform communities (ARCs), ARB organizations (ARBOs), and AR cooperatives.

All applicants must prove that they have the necessary financial, logistical, technological, organizational, and other resources to complete the agro-industry or agro-industrial project within the total area covered in the application within a period of five (5) years. (OSBG)