Below is a comprehensive exposition of the requirements for such conversion under existing Philippine law, relevant administrative rules and jurisprudence, articulated in a structured, professional legal form.
I. Governing Legal Framework
1. Republic Act No. 6657 (Comprehensive Agrarian Reform Law, CARL), as amended – Section 65 empowers the Department of Agrarian Reform (DAR) to authorize conversion of agricultural lands when they “cease to be economically feasible and sound for agricultural purposes” or when the land or locality has become urbanized and the land will have greater economic value for non-agricultural purposes.
2. DAR Administrative Orders (AO No. 1, Series of 2002, as amended) – Detailed procedural rules governing the application, documentary requirements, evaluation criteria, and conditions for conversion.
3. Local Government Code (RA No. 7160) – Grants LGUs authority to reclassify land use through Comprehensive Land Use Plans (CLUP) and zoning ordinances. Reclassification by the LGU is a pre-requisite step in the broader conversion process.
4. Agricultural and Fisheries Modernization Act (RA No. 8435) – Identifies Strategic Agriculture and Fisheries Development Zones (SAFDZ) where conversion is restricted to safeguard food security.
5. Administrative Order No. 20 (1992) – Interim guidelines affirming that irrigated/irrigable lands are non-negotiable for conversion.
II. Substantive Requirements for Conversion
A. Eligibility Conditions (Substantive Grounds)
1. Land must have ceased being economically feasible and sound for agricultural purposes – This certification must be issued by the Department of Agriculture (DA). The rationale is to protect agricultural production and ensure conversion is justified by diminished viability.
2. Locality has become urbanized – The land or surrounding area must exhibit characteristics where its highest and best use is residential or other non-agricultural use, as reflected in a CLUP and zoning ordinance approved by the LGU and certified by the former HLURB (now DHSUD).
3. Not among lands protected or non-negotiable for conversion:
Irrigated or irrigable lands under NIA or similar systems.
Lands within SAFDZ or NPAAAD.
Lands under CARP within statutory protection period (e.g., five years from award).
4. For lands awarded under agrarian reform – Section 65 dictates that conversion for such lands is permitted only after the statutory cultivation/award period (commonly five years) and subject to conditions protecting the rights and entitlements of agrarian reform beneficiaries (ARBs).
III. Documentary Requirements (DAR Land Use Conversion Application)
The applicant must prepare and submit the following core documents to the DAR (provincial or regional office as appropriate):
1. Application for Land Use Conversion – Fully accomplished form.
2. Proof of Ownership and Authority:
Certified true copy of the land title (OCT/TCT).
Special Power of Attorney, if applicable.
3. Maps and Plans:
Vicinity map, location plan, area development plan, statements of justification regarding economic and social benefits.
4. Zoning and Land Use Certifications:
Zoning certification from HLURB/DHSUD or certification from Provincial Planning and Development Coordinator that proposed use conforms with an approved CLUP.
5. Irrigation Certificates:
Certification from NIA (or irrigators’ association) showing whether the land is irrigated or irrigable.
6. Environmental Compliance:
Certification from the DENR Regional Executive Director that the conversion is ecologically sound (environmental impact considerations).
7. Agricultural Viability/Alternatives:
Certification from the DA regional office that the land is no longer economically feasible for agriculture.
8. LGU Endorsements:
Municipal/City resolutions endorsing the conversion application.
9. Additional Requirements for ARB Lands:
DAR certification of beneficiary status and compliance with statutory conditions (e.g., elapsed cultivation period).
IV. Procedural and Ancillary Requirements
1. Local Reclassification before Conversion Application:
The LGU must have reclassified the land for non-agricultural use under its CLUP and zoning ordinance pursuant to Section 20 of the Local Government Code before or concurrent with DAR conversion proceedings.
2. Compliance with Other Regulatory Regimes:
Environmental compliance (e.g., ECC under PD 1586) where required by project scope.
Additional indigenous peoples’ rights compliance (e.g., FPIC) if areas involve ancestral domains.
3. Payment of Fees and Bonds:
Filing fees, inspection fees, conversion fees (2% of zonal value for residential), disturbance compensation, and performance bonds post-approval.
4. Registration of Conversion Order:
Upon approval by DAR, the Conversion Order must be registered with the Register of Deeds and annotated on the title.
V. Judicial and Regulatory Oversight
The Supreme Court has affirmed that:
DAR has exclusive authority to approve or disapprove agricultural land conversions under CARL, and this authority cannot be supplanted by other agencies except as provided by law.
Conversion is not an absolute right; it is subject to strict compliance with legislative and administrative conditions, including protection of agricultural productivity and public welfare.
VI. Summary of Core Requirements
In distilled form, a landowner or applicant seeking conversion from agricultural to residential use must satisfy:
1. Substantive eligibility: show land is not viable for agriculture or that local urbanization warrants conversion, and that it is not categorically ineligible (e.g., irrigated land).
2. Preliminary reclassification by the LGU.
3. Comprehensive documentation including title, maps, certifications (DA, DENR, NIA), zoning compliance, and LGU resolutions.
4. DAR’s procedural compliance with its administrative rules and guidelines.
5. Regulatory compliance with environmental, indigenous peoples, and local development requirements.
6. Payment of statutory fees and posting bonds where appropriate.
7. Registration of the DAR Conversion Order on the title.
References
Republic Act No. 6657 (Comprehensive Agrarian Reform Law) – lawphil.net:
https://www.lawphil.net/statutes/repacts/ra1988/ra_6657_1988.html
DAR Administrative Order No. 1, Series of 2002 (Comprehensive Rules on Land Use Conversion):
https://media.dar.gov.ph/source/2018/09/06/ao-2002-01.pdf
DAR Administrative Order No. 01, Series of 2019 (Streamlining conversion processing):
https://media.dar.gov.ph/source/2019/05/17/ao-01-streamlining-the-processing-of-applications-for-land-use-conversion-under-dar-administrative-order-no-1-series-of-2002-1.pdf
Local Government Code (RA No. 7160) – Section on land reclassification: See general text on lawphil.net or DILG reclassification guidelines.
Administrative Order No. 20 (Interim guidelines on agricultural land use conversion):
https://lawphil.net/executive/ao/ao1992/ao_20_1992.html
Jurisprudential summaries on DAR’s exclusive authority and policy rationale: Respicio commentary.
(Assisted by ChatGPT, February 3, 2026)
