In the Philippines, the expansion of infrastructure and private development often necessitates the acquisition of Right-of-Way (ROW) over agricultural lands. Because agricultural lands are protected under the Comprehensive Agricultural Reform Program (CARP), any change in their use—even for access roads or utilities—requires a formal process through the Department of Agrarian Reform (DAR).
The conversion process ensures that the country’s food security is not compromised and that the rights of agrarian reform beneficiaries (ARBs) are protected.
1. Defining "Land Use Conversion"
Land Use Conversion is the act of modifying the current use of a piece of agricultural land into non-agricultural uses, such as residential, industrial, commercial, or for infrastructure like a Right-of-Way.
Under DAR Administrative Order No. 1, Series of 2002, as amended, land use conversion is necessary if the land is:
- Awarded to a beneficiary under the agrarian reform program.
- Private agricultural land intended for non-agricultural purposes.
2. Legal Basis and Jurisdictional Authority
The authority of the DAR to approve or disapprove conversions is rooted in:
- Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988): Provides the mandate to protect agricultural lands.
- Executive Order No. 129-A: Empowers the DAR to approve land use conversions.
- Republic Act No. 9700: The law extending CARP, which emphasizes that irrigated and irrigable lands are generally non-negotiable for conversion.
3. Mandatory Requirements for DAR Conversion
To secure a Conversion Order for a Right-of-Way, the applicant (whether a private entity or a government agency) must submit several documents to the DAR Regional or Central Office:
A. Documentary Requirements
- Official Application Form: Sworn application for land use conversion.
- Proof of Ownership: Certified true copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT).
- Vicinity Map and Lot Plan: Prepared by a licensed Geodetic Engineer, showing the specific portion to be used as ROW.
- Directional Sketch Map: To guide DAR inspectors to the site.
- Project Feasibility Study: Justifying why the Right-of-Way must pass through that specific agricultural plot.
- MARPO Inspection Report: A preliminary report from the Municipal Agrarian Reform Program Officer.
B. Technical Clearances
- DA Certification: A certification from the Department of Agriculture stating that the land is not part of the Network of Protected Areas for Agriculture and Agro-industrial Development (NPAAAD) or the Strategic Agriculture and Fisheries Development Zones (SAFDZ).
- DENR-EMB Clearance: An Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) to ensure the ROW does not harm the ecological balance.
- HLURB/LGU Zoning Certification: A certification that the proposed use (ROW) is consistent with the Comprehensive Land Use Plan (CLUP) of the municipality.
4. Specific Issues in Right-of-Way (ROW)
When dealing specifically with ROW on agricultural land, two distinct scenarios often arise:
| Scenario | Legal Implication |
|---|---|
| Easement of Right-of-Way | If the land remains agricultural but a small portion is used for access (pipes, wires, or a path), a formal conversion might be avoided in favor of an Easement Agreement, provided it doesn't render the land unproductive. |
| Permanent Conversion | If the ROW involves a paved road or permanent structures that "take" the land away from farming permanently, a Conversion Order is mandatory. |
5. Lands Non-Negotiable for Conversion
The DAR strictly prohibits the conversion of certain agricultural lands for ROW or any other purpose:
- Irrigated Lands: Where water is available and the land is producing crops.
- Irrigable Lands: Lands with firm funding commitments for the establishment of irrigation systems.
- Agricultural lands with notices of coverage under CARP.
6. Socio-Economic Requirements: The "Disturbance Compensation"
One of the most critical legal requirements in DAR conversion is the payment of Disturbance Compensation.
- To Whom: Paid to agricultural lessees, share tenants, or farmworkers affected by the ROW.
- The Amount: Under the law, this is generally equivalent to at least five (5) times the average of the gross harvests on their landholding during the last five preceding calendar years.
- Proof of Payment: The DAR will not approve the conversion unless there is a sworn undertaking or proof that the affected farmers have been compensated.
7. The Conversion Process Flow
- Filing: Application is filed with the DAR Provincial or Regional Office.
- Field Investigation: The DAR Land Use Conversion and Exemption Committee (LUCED) conducts an on-site inspection.
- Posting of Notices: A billboard must be erected on the property to notify the public of the application, allowing for protests.
- Deliberation: Review of the technical and legal merits of the application.
- Issuance of Order: The DAR Secretary (for large tracts) or the Regional Director (for smaller tracts) issues the Conversion Order.
8. Penalties for Illegal Conversion
Commencing ROW construction on agricultural land without a DAR Conversion Order is a criminal offense under Section 73 of RA 6657.
- Sanctions: Include imprisonment, hefty fines, and the "blacklisting" of the developer or entity from future land conversion applications.
- Status Quo Ante: The DAR may issue a Cease and Desist Order (CDO) to stop the construction of the ROW and mandate the restoration of the land to its original agricultural state.