I – HOW TO APPLY?
- Download complete set of Land Use Conversion (LUC) Application and Certification forms together with the checklist of requirements (refer to Section II below)
- Put up billboard, take photos of billboard, land and structures of land
- Accomplish the forms and submit two (2) Land Use Conversion Folders (LUFC) to Municipal Agrarian Reform Officer (MARO) containing Forms 1, 3 and 4, titles, and sketch map and billboard photos
- File four (4) sets of LUFCs and the MARO Certification at the RCLUPPI or CLUPPI
- Pay the filing fee and inspection cost
- Post bond
- Write the ocular inspection (OCI) schedule in the billboard and transmit notice of conduct of OCI to the MARO
- Follow all other processes identified and submit required documents
- Obtain the Provisional Conversion Order or Land Use Conversion Certificate
II – WHAT ARE THE REQUIREMENTS?
- Official receipt showing proof of payment of filing fee and inspection cost.
- Official receipt showing proof of posting 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.
- Sworn application for Land Use Conversion. (Form No.1)
-
True copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) of the subject land, certified by the Bureau of Lands not earlier than thirty (30) days prior to application filing date. In case of untitled land, the following shall require in lieu of a title.
- 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
- Certification from the DENR-CENRO (for administrative confirmation of imperfect title) or the Clerk of Court (for judicial confirmation of imperfect title) that the tilting process/proceedings has commenced and there are no adverse claimants
- True copy of the Certificate of Title from the Bureau of Lands, 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.
- True copy of the current Tax declaration covering the subject properly.
- Project feasibility study.
- Joint venture agreement or any other business arrangement on the use of land between landowner and the developer (if the developer is other than the landowner) or between the Emancipation Patent/Certification of Landownership Award (EP/CLOA) holders and the developer (if the land was awarded under the agrarian reform program).
- 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.
-
Proof of financial and organizational capability of the developer to develop land, including the following information:
- Statement of project cost and availability of potential funding source(s) for the development of the proposed project;
- Profile of the developer;
- Most recent financial statement, not later than the year before application, duly authenticated by a certified public accountant; and
- If the developer is a corporation or partnership, a copy of its Certificate of Registration and the 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 therefore shall likewise be submitted.
- Socio-Economic Benefit-Cost Study of the proposed project.
-
Photographs, size 5R (five [5] inches by seven [7] inches, using color film, and taken on the land holding 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:
- 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;
- At least one (1) photograph per corner, taken from each corner of the landholding’s orders.
- At least two (2) photographs of each for all distinct man-made structure existing in on the land, taken from opposite angles.
- 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. Second copy will be used for submission to
- 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 the in the locating site.
- Affidavit/Undertaking in a single document of the applicant (LUC Form No.2)
- MARO Certification Certificate of Land Ownership Award (if under CARP coverage) (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).
-
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 citing:
- the municipal or city zoning ordinance number, and
- resolution number and date of approval by the HLURB or the Sangguniang Panlalawigan concerned, as the case may be. (LUC Form No.5).
- Certification from the Department of Agriculture official stating, among others, the Classification of the property under the Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) and Strategic Agriculture and Fisheries Development Zones (SAFDZ) whether or not the subject property is within five (5) percent limit of the SAFDZ allowed for conversion, the status of irrigation coverage of the subject properly and whether the land has ceased to be economically feasible and sound for agricultural purposes.
- Certification from the authorized DENR official (DENR- Biodiversity Management Bureau) stating among others whether or not the subject land is within the National Integrated Protected Area System (NIPAS), mossy and virgin forests, riverbanks, or swamped forests and marshlands; within an Environmentally Critical Area (ECA), or will involve the establishments of an Environmentally Critical Project (ECP). (LUC Form No.6)
- Environmental Compliance Certificate (ECC) from the DENR- Environmental Management Bureau, when the subject land is within an ECA or will involve the establishment of an ECP.
- If applicable Special Power of Attorney (SPA) when the applicant is not the registered owner.
- If applicable, notarized secretary’s certificate of a corporate/cooperative board resolution authorizing the representative, when the applicant is a corporation or cooperative.
- If applicable, concurrence letter of the mortgage or the individual or entity in whose favor the encumbrance was constituted when the property is encumbered.
-
If applicable, endorsement from the concerned government agency, when the application involves a priority development areas or project such as:
- NEDA-NLUC endorsement if under EO 124-1993; or
- HLURB endorsement if socialized housing (LUC Form No 7); or
- PEZA Board Resolution approving the project for ecozone project
- 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)
- 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 there under, when the applicant-landowner is a beneficiary of the agrarian reform program (LUC Form No.9).
- 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.
- 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. Indicate in the map the existing infrastructure and/or improvements thereon including any house or tillage thereupon for any occupant therein, landmarks within a one (1) kilometer radius and owners of adjacent properties. No need to draw map in scale.
- Map of the development plan. For socialized housing projects, the applicant shall submit the map of the development plan with marked “reviewed by the HLURB” (Housing and Land Use Regulatory Board).
- Topographic Map if the subject properly is within upland, hilly or mountainous area.
- Certification that Area is Non-Irrigable from National Irrigation Administration
III – HOW MUCH TO PAY?
- Filing Fees and Inspection Cost
AREA APPLIED
|
FILING FEE
|
INSPECTION COST
|
Five (5) hectares and below
|
Php 1,000.00
|
Php 10,000.00 – if the subject landholding is within the same island as that of the Office of the Regional Director.
|
Php 15,000.00 – if the subject landholding is not within the same island as that of the Office of the Regional Director.
|
More than five (5) hectares
|
Php 2,000.00
|
Php 10,000.00 – if the subject landholding is within the main island of Luzon (except Bicol)
|
Php 15,000.00 – if the subject landholding is within Regions I to IV but is not located within the main island of Luzon.
|
Php 15,000.00 – if the subject landholding is in Bicol
Peninsula or Visayas Group of Islands; or
|
Php 20,000.00 – if the subject landholding is in the Mindanao group of Islands
|
-
Bond
- The cash bond shall be computed at 2 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.
- In lieu of a cash bond, the applicant may post a surety bond issued by the GSIS equivalent to fifteen percent (15%) of the total zonal value of the land per latest issuance of the BIR, indicating the following conditions at the minimum that:
- the bond is callable on demand;
- 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
- the validity of the bond shall be for a period of one (1) year but renewable on a year to year basis, if necessary.
- The following projects shall be exempted from posting a “bond to guarantee against premature conversion”.
- Socialized housing projects as certified by the HLURB;
- Resettlement projects for families displaced by development of government projects as certified as such by the National Housing Authority (NHA); and
-
Community Mortgage Program (CMP) projects as certified 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 eighty (80%) percent of the land applied for conversion shall be used directly and exclusively for socialized housing.