DAR requires public consultations on land conversion applications

MANILA, Philippines — The Department of Agrarian Reform (DAR) is requiring the conduct of public consultations in the approval or disapproval of applications for the conversion of agricultural lands into other uses.

DAR Secretary John Castriciones said public consultations are important as conversion of agricultural lands may affect the public and the future generations of Filipinos.

Under Administrative Order No. 5, Castriciones said any interested person will be given the opportunity to present comments or sentiments about  certain applications for land conversion.

“Such views, comments, or sentiments may be utilized as a guide in the processing of the application for conversion. However, the inputs derived from such public consultations do not necessarily bind or have no effect being the secretary or the regional director in the action on the pending application for land conversion,” he said.

Castriciones said the contents of notice of public consultations should include the case title and name of applicant/developer and oppositor, the nature of conversion or project to be undertaken, the location, area and the title of the land, the name of the registered owner, the date, time and venue of the public consultation and the advice that any person may submit through a written position paper regarding the application.

He said the notice of public consultation should be in English or the local dialect in the area where the property is located and that the notice should be posted conspicuously at least 10 days prior to the conduct of the public consultation in the barangay hall, municipal or city hall, DAR provincial and municipal offices and other conspicuous areas where the property is located.

Castriciones said the Regional Land Use Conversion Committee (RLUCC) is responsible for applications for conversion falling within the jurisdiction of the regional director.

The Land Use Cases Division of the Bureau of Agrarian Legal Assistance (LUCD-BALA), on the other hand, is responsible for conversion applications falling within the jurisdiction of the secretary.

 He said  the proceedings of the public consultations shall be documented and recorded by video.  There shall also  be a written record of the minutes of the public consultations.

Both the video recording and the minutes shall be undertaken by the DAR land use cases division and the public assistance and media relations service.

Agricultural land use conversion is the process of changing the use of agricultural land to non-agricultural land uses.          

DAR Administrative Order No. 1, Series of 2002  specifically states that it is the responsibility of  the applicants to prove that they have complied with the legal substantive and procedural requirements, wherein public posting of billboards and notices in conspicuous places of the municipalities where the property is found is the sole procedural requirement which ensures that persons affected by the proposed land use conversion may file a protest.