DEPARTMENT OF AGRICULTURE

Transcription

1 DEPARTMENT OF AGRICULTURE Department of Agriculture Guidelines on the Issuance of Cer8fica8on for Land Use Reclassifica8on SHDA FIRST BUSINESS FORUM for April 2017, Metropolitan Club, Rockwell, Maka8 City

2 IV. APPLICANT/S FOR LAND USE RECLASSIFICATION 1. Owner/s of private agricultural lands or other persons duly authorized by the landowner; 2. Beneficiary/ies of the agrarian reform program after the lapse of five (5) years from the award, reckoned from the date of the issuance of Certificate of Landownership Award (CLOA), and who have fully paid their obligations and are qualified under these Rules, or persons duly authorized by them; and 3. Government agencies, including government-owned or controlled corporations, and local government units owning agricultural lands as part of their patrimonial property.

3 V. DOCUMENTARY REQUIREMENTS

4 VI. DOCUMENTARY REQUIREMENTS

5 V. DOCUMENTARY REQUIREMENTS CERTIFICATE OF NON- CARP COVERAGE

6 V. DOCUMENTARY REQUIREMENTS CLEAR, COLORED PHOTOGRAPHS (5R Size)

7 V. DOCUMENTARY REQUIREMENTS CERTIFICATE OF IRRIGATION COVERAGE CERTIFICATE OF COVERAGE / NON- COVERAGE CERTIFICATE OF INSPECTION AND VERIFICATION

8 VI. FEES Area Applied For Filing Fee Inspection Fee Motion for Reconsideration 15 hectares and below 1, , Above 15 hectares to 30 hectares 2, , More than 30 hectares 3, , ,000.00

9 V. DOCUMENTARY REQUIREMENTS

10 VII. PROCEDURE

11 VIII. TECHNICAL COMMITTEES REGIONAL TECHNICAL EVALUATION COMMITTEE ON LAND USE MATTERS (RTECLUM) Chair DA REGIONAL EXECUTIVE DIRECTOR (RED) Members TECHNICAL STAFF from the: National Irrigation Administration (NIA) Philippine Coconut Authority (PCA) Sugar Regulatory Administration (SRA) Other concerned agencies shall be on an on-call basis, which include among others: Bureau of Animal Industry (BAI) Bureau of Fisheries and Aquatic Resources (BFAR) National Tobacco Administration (NTA) Philippine Fiber Industry Development Authority (PhilFIDA) RTECLUM Secretariat shall be designated by the Secretary to assist the RTECLUM.

12 VIII. TECHNICAL COMMITTEES RTECLUM FUNCTIONS o Receive, review and ensure the completeness of documentary requirements on LUR application; o o o o Collect filing and inspection fees and issue corresponding official receipt; Conduct field investigation; Convene as a Committee to process, evaluate and provide initial recommendation as to eligibility/non-eligibility for land use reclassification; and Submit field investigation report, initial recommendation incorporated in a Resolution and LUR folder to NTECLUM.

13 VIII. TECHNICAL COMMITTEES NATIONAL TECHNICAL EVALUATION COMMITTEE ON LAND USE MATTERS (NTECLUM) Chair Vice-Chair DIRECTOR, Bureau of Soils and Water Management (BSWM) OPERATIONS MANAGER, National Irrigation Administration (NIA) Members PRINCIPAL AND TWO ALTERNATE MEMBERS from the: Bureau of Soils and Water Management (BSWM) National Irrigation Administration (NIA) Philippine Coconut Authority (PCA) Sugar Regulatory Administration (SRA) DA-Field Operations Service (DA-FOS) DA-Legal Service (DA-LS) Other concerned agencies shall be on an on-call basis, which include among others: Bureau of Animal Industry (BAI) Bureau of Fisheries and Aquatic Resources (BFAR) National Tobacco Administration (NTA) Philippine Fiber Industry Development Authority (PhilFIDA)

14 VIII. TECHNICAL COMMITTEES NTECLUM TECHNICAL SECRETARIAT Shall be composed of Chairperson, Co-Chairperson, Vice- Chairperson and at least five (5) technical staff who shall be designated by the DA Secretary.

15 VIII. TECHNICAL COMMITTEES NTECLUM FUNCTIONS o Conduct review and evaluation on the LUR applications; o Conduct its own field/ocular investigation, as necessary; and o Evaluate and recommend eligibility/non-eligibility for reclassification of agricultural lands for the approval of the Secretary or his authorized signatory.

16 IX. CRITERIA FOR RECLASSIFICATION 1. Not irrigated and not irrigable land/s; 2. In the event that the land/s will be reclassified and converted, it shall not hamper the availability of irrigation water or productivity of the nearby farmlands; 3. Land/s with physical limitations/constraints to agricultural production; 4. Land/s that is/are not potential for growing agricultural crops; 5. Land/s with low productivity will be accorded priority;

17 IX. CRITERIA FOR RECLASSIFICATION 6. The land/s proposed use should be consistent with the natural expansion of the municipality or locality, as contained in the approved physical framework and land use plan; 7. The land/s proposed use is supportive to agro-industrial development and will generate alternative livelihood opportunities for the affected community;

18 X. APPROVING AUTHORITIES 1. FOR SOCIALIZED HOUSING PURPOSES Ø The RED or his designated Regional Technical Director for areas outside of SAFDZ and with a total area of five (5) hectares and below; Ø The RED shall provide the DA Secretary or his authorized signatory a monthly report of all applications approved/disapproved indicating the Registered Owner, Title No., Lot No., Area Applied for and Location of the Property, copy furnished the NTECLUM; Ø The DA Secretary or his authorized signatory for areas outside of SAFDZ and with more than five (5) hectares; and areas within SAFDZ regardless of hectarage applied.

19 X. APPROVING AUTHORITIES 2. FOR OTHER NON-AGRICULTURAL PURPOSES ASIDE FROM SOCIALIZED HOUSING Ø The DA Secretary or his authorized signatory has the sole authority to issue Certificate of Eligibility/Non- Eligibility for Reclassification of Agricultural Lands.

20 XI. RELEASE OF CERTIFICATION 1. The OSEC or his authorized signatory or other designated entity shall release the Certificate of Eligibility/Non- Eligibility for Reclassification of Agricultural Land through registered mail. The applicant or his authorized representative may personally receive the certificate upon submission of formal written request. 2. The OSEC or his authorized signatory shall return the LUR Folder, Committee Resolution/s and Certified True Photocopy of the certificate to the NTECLUM Secretariat for record and reference.

21 XII. MOTION FOR RECONSIDERATION 1. The applicant or the protestant may file a motion for reconsideration to the DA Secretary or his authorized signatory within thirty (30) days from the receipt of a copy of the Certificate of Non-Eligibility; 2. The Motion for Reconsideration shall be resolved by the DA Secretary or his authorized official within an extendible period of sixty (60) days from the receipt of the Motion for Reconsideration; 3. The DA action on the Motion for Reconsideration shall be final and non-appealable;

22 XII. MOTION FOR RECONSIDERATION 4. Motions for Reconsideration for denied applications, including those issued by the REDs for socialized housing, prior to the effectivity of this A.O shall be given due course by the DA Secretary or his authorized signatory if filed within thirty (30) days from the effectivity hereof; and 5. L i k e w i s e, a l l r e c o r d s o f p e n d i n g M o t i o n s f o r Reconsideration shall be forwarded to the DA Secretary or his authorized signatory for review and resolution.

23 XIII. REPEALING CLAUSE All existing rules inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

24 XIV. EFFECTIVITY This Administrative Order (AO) shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and its filing with Administrative Register, UP Law Center. Further, this AO shall apply to all applications received prior to the effectivity of this AO. Signed by DA Secretary Emmanuel F. Piñol on the 8 th day of February Published on the 14 th day of February 2017 in Philippine Daily Inquirer and Manila Bulletin.

25 The Department of Agriculture is mandated to ensure food security. However, we recognize the demand for land by other sectors. The DAR requires the DA certificate of! eligibility for reclassification of agricultural lands, we address the alleged complaints on tedious procedure on processing of land use reclassification (LUR) applications.

26 DA AO No. 01 Series of 2017, Guidelines on the Issuance of Certification for Land Use Reclassification, was signed by Secretary Emmanuel F. Piñol on February 8, 2017 and was published in the Philippine! Daily Inquirer and Manila Bulletin on February 14, It becomes effective on March 1, 2017.

27 DA s Actions/Salient changes 1. Merging into one committee of the National Technical Evaluation Committee on Land Use Matters (NTECLUM) and Committee on the Rehabilitation of Agricultural Lands (CRAL), retaining the name of NTECLUM. This lessens the time of processing of LUR applications.!

28 DA s Actions/Salient changes 2. Expansion of Committee membership: Includes membership from Legal Service and Field Operations Service of DA-OSEC aside from the BSWM, NIA, PCA, SRA. The Chairperson from BSWM and Vice Chair from NIA, remain.!

29 If the area applied has premature development/conversion, the applica8on shall be returned to the applicant and the evalua8on on the applica8 3. To curb illegal conversion, all applications for land reclassification with premature development/ conversion will not be accepted!

30 4. Stricter enforcement of required documentary requirements. All the certifications must be in original copies and issued in the name of the applicant or his duly authorized representative and must be filed with the RTECLUM! within six (6) months upon issuance. 5. Fee for motion for reconsideration : P2,000.

31 6. On the Prescribed Timelines for the Processing of Requests, Documents, and Applications from the General Public All Cabinet Secretaries and Heads of Agency are mandated to process all! requests and/or applications within a maximum period of one (1) month, regardless if these merit approval or not. Provided that the documentary requirements submitted are complete.

32 DA s Actions /Salient Changes 7. For socialized housing applications, the DA Regional Executive Directors are given authority to issue certificate! of eligibility for reclassification of agricultural lands for applications;

33 On the pipeline: An extension of DA AO No. 04 series of 2015, Special Rules on the Issuance of Certificate of Eligibility for Reclassification of Agricultural Lands for Socialized Housing! and Resettlement Projects in Yolanda Affected Areas

34 I hope this presentation has put forward DA s clear-cut policies on land reclassification to make application smooth and easy.! I urge all of you in the real estate sector to help Congress speed up the passage of the National Land Use Act (NLUA) into law.

35 Good Day! & Thank You Very Much!!!