아직 정리중입니다. 양해바랍니다.
농지 지목변경(Conversion of land use) 제 2편 - 주택부지 이외의 농지
일반적인 농지전용/지목변경절차는 전체적으로 주택부지(HOMELOT)로의 전용허가절차와 대동소이하다. (먼저 지목변경 제 1편을 읽어보기 바란다.) 다만 요건 내지 구비서류가 주택부지의 경우에 비해 많고 복잡하다. 차이점을 중심으로 설명하기로 한다.
근거법령: DAR ADMINISTRATIVE ORDER NO. 01-02
SECTION 10. Documentary Requirements. — The applicant shall submit in sextuplicate the following documents in six (6) separate bound folders (one [1] original set and five [5] photocopy sets) with table of contents and page numbers of all documents including photographs, sequentially numbered, except for maps and development plans which shall likewise be in sextuplicate but shall be submitted in six separate envelopes with contents properly labeled on each envelope. Of the six (6) folders, two (2) will be transmitted to the Municipal Agrarian Reform Officer (MARO), containing therein only the filled-up application form and the documents specified in 10.4, 10.5 and 10.26 hereunder. The remaining four folders shall contain all the documents enumerated hereunder that are applicable. The arrangement thereof shall follow the sequence of the enumeration below, with the requirement referred to in Section 10.1 hereof being the first document after the table of contents: 총 6부를 준비한다.
10.1. Official receipt showing proof of payment of filing fee and inspection cost.
10.2. Official receipt showing proof of posting of bond in accordance with the terms and conditions set forth in Section 24 hereof.
10.3. Duly accomplished application for conversion subscribed and sworn to before a notary public or any person authorized to administer oaths.
10.4. True copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT) of the subject land, certified by the Register of Deeds not earlier than thirty (30) days prior to application filing date.
In case of untitled land, the following shall be required in lieu of a title:
10.4.1. Certification from the DENR Community Environment and Natural Resources Officer (CENRO) that the landholding has been classified as alienable and disposable; and
10.4.2. Certification from the DENR CENRO (for administrative confirmation of imperfect title) or the Clerk of Court (for judicial confirmation of imperfect title) that the titling process/proceedings has commenced and there are no adverse claimants;
10.5. 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 hereof, if applicable.
10.6. True copy of the current Tax Declaration covering the subject property.
10.7. Project feasibility study. 프로젝트 타당성 조사
10.8. Joint venture agreement or any other business arrangement on the use of the land between the landowner and the developer (if the developer is other than the landowner) or between the EP/CLOA holders and the developer (if the land was awarded under the agrarian reform program).
10.9. 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.
10.10. Proof of financial and organizational capability of the developer to develop land, including the following information:
10.10.1. Statement of project cost and availability of potential funding source(s) for the development of the proposed project;
10.10.2. Profile of the developer;
10.10.3. Most recent financial statement, not later than the year before application, duly authenticated by a certified public accountant; and
10.10.4. If the developer is a corporation or partnership, a copy of its Certificate of Registration and 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 therefor shall likewise be submitted.
10.11. Socio-Economic Benefit-Cost Study of the proposed project.
10.12. Photographs, size 5R (five [5] inches by seven [7] inches), using color film, and taken on the landholding 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:
10.12.1. 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;
10.12.2. At least one (1) photograph per corner, taken from each corner of the landholding's borders.
10.12.3. At least two (2) photographs each for all distinct man-made structures existing on the land, taken from opposite angles;
10.12.4. At least two (2) photographs each of the front view of the billboard(s) required in Section 11 hereof. The applicant shall set aside the second copy of said billboard photograph(s) for submission to the MARO; and
10.12.5. 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 locating the site.
10.13. Affidavit/Undertaking in a single document of the applicant stating:
10.13.1. The number and names of the farmers, agricultural lessees, share tenants, farmworkers, actual tillers, and/or occupants in the landholding; if there are no such persons, a statement attesting to such fact;
10.13.2. That the applicant has paid or shall pay disturbance compensation to the persons mentioned in Section 10.13.1 hereof, in accordance with the computation, and under the terms and conditions, in Section 28 hereof;
10.13.3. That the applicant has erected the required number of billboards and undertakes not to remove, deface or destroy said billboard, and that he shall repair or replace the same when damaged, until after the approving authority disposes of the application with finality;
10.13.4. That the applicant has not undertaken and shall not undertake premature development prior to issuance of a Conversion Order;
10.13.5. That he authorizes the DAR to forfeit his bond when he undertakes any premature development within the area before or after filing of the application for conversion; and
10.13.6. That he has not commenced any action or filed any claim involving the same land in any court, tribunal or quasi-judicial agency; to the best of his knowledge, no such other action or claim is pending therein; he has no knowledge of any controversy or proceeding involving the status of said parcel of land or the rights of person over its possession and entitlement to fruits or as beneficiary, the determination of which is filed before any tribunal, court, the DAR or any other agency; to his own knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency; and should there be any same or similar action or proceeding involving the property applied for conversion, which is either pending or may have been terminated, he shall report such fact within five (5) days from knowledge thereof to the approving authority where his aforesaid application has been filed.
10.14. Certification of the MARO in a single document attesting compliance with Section 14.1 hereof.
10.15. 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 citing: (a) the municipal or city zoning ordinance number; and (b) resolution number and date of approval by the HLURB or the Sangguniang Panlalawigan concerned, as the case may be.
10.16. Certification from the authorized DA official stating, among others, the classification of the property under the NPAAAD/SAFDZ, whether or not the subject property is within the five percent (5%) limit of the SAFDZ allowed for conversion and whether the land has ceased to be economically feasible and sound for agricultural purposes. As provided for in DA-AO-2-2002, Article VI, Paragraph "4.2", the certification inventory must include the following information:
10.16.1. Location and accessibility;
10.16.2. Limitations to agricultural production, such as steep slope, unstable soil condition (landslide, etc.); inadequate land drainage; very shallow, stony, rocky soil; very serious boulder problem;
10.16.3. Existing land use;
10.16.4. Indication of premature development or alteration of land use (with picture);
10.16.5. Land use of adjoining area;
10.16.6. Indication of non-agricultural development; and
10.16.7. Potential for agricultural production.
In the event the land being applied for is within the 5% allowable limit under Section 9 of RA 8435, the investigation report accompanying the inventory should also include the following information:
10.16.8. Total area of the SAFDZ;
10.16.9. Allowable 5% limit;
10.16.10. Total area already approved for reclassification by the DA;
10.16.11. Balance of the 5% allowable area; and
10.16.12. Balance of the 5% allowable area if the application is approved.
10.17. Certification from the authorized DENR official stating, among others, whether or not the subject land is within the NIPAS, mossy and virgin forests, riverbanks, or swamp forests and marshlands; within an ECA, or will involve the establishment of an ECP.
10.18. Environmental Compliance Certificate (ECC) when the subject land is within an ECA or will involve the establishment of an ECP.
10.19. If applicable, Special Power of Attorney (SPA), when the applicant is not the registered owner.
10.20. If applicable, notarized secretary's certificate of a corporate/cooperative board resolution authorizing the representative, when the applicant is a corporation or cooperative.
10.21. If applicable, concurrence letter of the mortgagee or of the individual or entity in whose favor the encumbrance was constituted, when the property is encumbered.
10.22. If applicable, endorsement from the concerned government agency, when the application involves a priority development area or project.
10.23. 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.
10.24. 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 thereunder, when the applicant-landowner is a beneficiary of the agrarian reform program.
10.25. 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.
10.26. 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. The map shall: indicate the existing infrastructure and/or improvements thereon including any house or tillage thereupon of any occupant therein; landmarks within a one (1) kilometer radius; and owners of adjacent properties. The map need not be drawn to scale.
10.27. Map of the development plan. For socialized housing projects, blueprint copy of the development plan submitted and certified by the HLURB as basis for its certification that the project conforms with the minimum standards of Batas Pambansa Bilang 220.
10.28. Topographic Map if the subject property is within an upland, hilly or mountainous area.
As a general rule, the applicant shall submit all the foregoing applicable requirements from Sections 10.1 to 10.28 hereof at the time of application filing. However, for applications involving housing projects under EO-45-2001, he may defer the submission of the requirements mentioned in Sections 10.15 to 10.18 hereof and follow the alternative timetable in Sections 22.9.2 and 22.21 hereof.
MRPI(2013/08/15)
