June 13, 1994
DAR OPINION NO. 36-94
PARO ERLINDA PEARL V . ARMADA
Department of Agrarian Reform
Provincial Agrarian Reform Office
B. S. Aquino Avenue, Baliuag
Bulacan
Dear PARO Armada:
This has reference to your letter requesting clarification on the following:
1) Is a landholding declared as "rawland" not agricultural such that DAR clearance is no longer necessary for its conversion?
2) If the landholding was declared as rawland but was previously utilized as riceland, is the new landowner/developer required to apply for conversion? What rules are applicable in such a case?
3) Is the reclassification of the land in 1992 by the Assessor's Office from rawland to residential based on the actual condition of the land equivalent to legal conversion?
As regards your first two queries, by definition, "rawland" means uncultivated or unimproved land. It does not mean, however, that when a landholding, which used to be devoted to, or is suitable for agriculture is no longer cultivated, it ceases to be agricultural. With specific reference to the property subject of your query, the investigation clearly shows that prior to 1972 the same was devoted to the planting of rice and tenanted by one Jose dela Cruz, until 1975 when he vacated the same. The subsequent non-cultivation of the property in 1979 and declaration thereof in 1984 by the landowner as rawland did not have the effects of changing the nature of the land as agricultural. Hence, before any conversion of the property to non-agricultural purposes could legally be undertaken, an application for conversion must be filed with the DAR pursuant to DAR Administrative Order Nos. 1 and 2 Series of 1990.
As regards your last query, the conversion of agricultural land covered by the Comprehensive Agrarian Reform Law (R.A. No. 6657) is deemed illegal if undertaken after 15 June 1988 without the required order of conversion from the DAR.
Please be guided accordingly.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
cc.:
The Regional Director
DAR, Region III
San Fernando, Pamganga
USEC Jose Noel D. Olano
Office of the Secretary
Field Operations & Support Services
DARCO, Diliman, Quezon City
USEC Jose C. Medina, Jr.
Office of the Secretary
Policy, Planning & Finance
Management and Administration
DARCO, Diliman, Quezon City