Exemption of National Government Priority Projects from Filing Fees, Bonds, and Particular Documents for Applications for Land Use Conversion

December 15, 2015

DAR ADMINISTRATIVE ORDER NO. 07-15

 

In order to effectively cater to the urgent needs of the public, the Department of Agrarian Reform (DAR) finds it more prudent to exempt from the payment of applicable fees and bonds all applications for land use conversion involving priority projects that are under the control and supervision of the Head of the government agency concerned. Henceforth, the pertinent provisions of DAR Administrative Order (A.O.) No. 01, Series of 2002 are hereby amended.

SECTION 1. Coverage. — This A.O. shall only cover application for land use conversion pertaining to projects certified as urgent and under the control or supervision of a particular national government agency.

SECTION 2. Certification from Head of Agency. — In order to be exempt from the applicable fees and bonds, the Applicant must secure a certification from a national government agency concerned stating that the project:

a. is urgent or a priority;

b. will serve the public good pursuant to its mandate; and

c. is under the control or supervision of the certifying agency.

Such certification must be signed by the head of the said government agency. The original copy of the certification must be submitted.

SECTION 3. Exemptions. — Upon submission of the certification, the Application shall be exempted from the following: CAIHTE

a. Filing fee;

b. Inspection cost; and

c. Bond to guarantee against premature conversion.

The performance bond, however, is not waived.

The following documents need not also be submitted by the Applicant for the particular Application:

a. true copy of the certificate of title of the subject land as of 15 June 1988, and all successor titles until the present title referred to in Section 10.4 of said A.O., if applicable;

b. true copy of the current Tax Declaration covering the subject property;

c. proof of financial and organizational capability of the developer to develop the land;

d. socio-economic benefit-cost study of the proposed project; and

e. certification from the HLURB Regional Officer on the actual zoning or classification of the land subject of the application on the approved comprehensive land use plan.

SECTION 4. Applicability of Section 65 of R.A. No. 6657, as Amended, and Other Provisions of A.O. No. 1, Series of 2002. — All pertinent DAR Officers are hereby directed to strictly follow Section 65 of R.A. No. 6657, as amended, and the provisions of A.O. No. 1, Series of 2002 not otherwise affected by this A.O.

SECTION 5. Repealing Clause. — All orders, circulars, rules and regulations, and issuances or portions thereof that are inconsistent herewith are hereby repealed or amended accordingly.

SECTION 6. Separability Clause. — Any judicial pronouncement declaring as unconstitutional any provision of these Rules shall have no effect on the validity of the other provisions not affected thereby.

SECTION 7. Effectivity Clause. — This A.O. shall take effect ten (10) days after its publication in at least two (2) newspapers of general circulation.

Diliman, Quezon City, December 15, 2015.

 

(SGD.) VIRGILIO R. DE LOS REYESSecretary

Published in The Manila Times and The Standard on December 29, 2015.