April 26, 1994

DAR OPINION NO. 28-94

DIRECTOR JOSE MACALINDONG

Chairman, Land Use Conversion Committee

DAR Central Office

Dear Joe,

You have posed a query with my office on whether lands which have been given a commercial farm deferment based on Sec. 11 of RA 6657, could be converted to non-agricultural use, in the light of the provision in Sec. 11, which reads thus: "If the DAR determines that the purposes for which the deferment is granted no longer exists, such areas shall be automatically be subject to redistribution."

We submit that this automatic redistribution clause should be read in the context of the entire agrarian reform program which seeks to distribute lands suitable for agriculture, wherein the farmer would be afforded an opportunity for higher productivity and a better quality of life.

If it could be adequately proven that the land is no longer economically feasible for agriculture, or the area is urbanizing and the greater economic value is non-agricultural, then Sec. 65 of the same law allows conversion by the landowner.

It is believe that the automatic redistribution clause in Sec. 11 would only be logical if the area is still highly suitable for agriculture. If otherwise, then the best use would already be non-agricultural, and therefore conversion would be proper.

I hope that this opinion would be helpful in the decision making process of the LUCC.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office