March 23, 1995
DAR OPINION NO. 10-95
MR. ROBERTO D. BALEROS
Secretary to the Sanggunian
Office of the Sangguniang Bayan
Taal, Batangas
Dear Mr. Baleros:
This has reference to your letter dated January 31, 1395 inquiring on whether or not there is a need for a municipal ordinance in order to convert parcels of land from agricultural to residential. In your letter, you cite the specific case of an untitled land covered by a locational clearance and a DENR certificate that the property is untenanted and not planted to coconuts nor to other crops.
At the outset, we wish to clarify that the conversion of an agricultural land to non-agricultural use may be legally undertaken only after approval thereof by the DAR. Section 4 (j) of Executive Order No. 129-A series of 1989 specifically provides that the Department shall be responsible for implementing the Comprehensive Agrarian Reform Program and, for such purpose, is authorized to approve or disapprove the conversion, restructuring, or readjustment of agricultural lands into nonagricultural uses. Sec. 5(1) of the same E.O. also provides that pursuant to its mandate, and in order to ensure the successful implementation of the Comprehensive Agrarian Reform Program, the DAR has exclusive authority to approve or .disapprove conversion of agricultural lands for residential, commercial, industrial and other land uses as may be provided for by law.
DAR Administrative Order No. 12, series of 1994 provides the guidelines governing conversion of agricultural lands to non-agricultural uses (copy attached). Please note that although a municipal ordinance reclassifying a certain agricultural land to other uses could serve as a ground to support. an application for a DAR conversion clearance, other grounds can be adduced such as the fact that the land has ceased to be economically feasible and sound for agricultural purposes as certified ay the Regional Director of the Department of Agriculture, or that the land or locality has become highly urbanized and the same will have a greater economic value for residential, commercial or industrial purposes as certified by the Deputized Zoning Administrator of the HLURB. Otherwise stated, although the reclassification of an agricultural land to non-agricultural uses through a municipal ordinance could be used to support an application for a DAR conversion clearance, what is needed is a DAR order approving said conversion. Note likewise that the certificates from the DENR and MPDC mentioned in your letter would only form part of the documents supporting the application for conversion clearance.
We hope to have clarified the matter for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office