February 22, 1995
DAR OPINION NO. 07-95
Mrs. Remedios R. Santelices
Paradise Orchids
MSBF Garden Center
EDSA cor. Quezon Avenue
Quezon City
Dear Ms. Santelices:
This has reference to your letter regarding a 5.8-hectare irrigated riceland situated at Barrio Gulod, Cabuyao, Laguna which you and your daughter purchased in 1993. As stated in your letter, the neighboring farmers have raised objections against your intention to devote said riceland to orchid raising, on the ground that it constitutes land use conversion. You believe, however, that orchid farming is still an agricultural activity. You request for a DAR opinion on the matter to guide you with respect to your plan.
We submit that change of crop from rice to orchids is not the conversion contemplated by the agrarian laws. In this jurisdiction, conversion is defined as the act of changing the current use of a piece of agricultural land into some other uses, i.e., residential, commercial or industrial. In regard to the issue at hand, there is no conversion to speak of because the change of crop will not change the use of the land as agricultural.
You are further advised that in the event of a shift in crop, the flow of the water from the irrigation canal to the agricultural lands in the area should be maintained, and nothing should be done to hamper the same.
The foregoing opinion does not constitute a decision of the department on a specific case which might be brought before it in the future.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office