March 22, 1999
DAR OPINION NO. 28-99
LAURA A. DE LOS SANTOS
Cambijang, Cajidiocan
Romblon
Dear Ms. De los Santos:
This pertains to your letter dated 14 November 1998, requesting opinion on the queries posed therein relative to the conversion of coconut land to residential land.
The facts which spawned this inquiry are as follows: that you are an interested buyer of a coconut land situated in Canjalon, San Fernando, Romblon with an area of 15,657 square meters; that the said parcel of land has only 24 coconut trees planted thereon, allegedly due to its poor soil condition; and that you intend to convert the said coconut land for residential use. In particular, you raise the following queries:
1. Whether or not for a Building Permit to be issued, the said coconut land be converted first to residential land; and
2. Whether or not the conversion of a coconut land to residential land can be dispensed with considering that the size of the coconut land is only 15,657 square meters.
As appearing in the Real Property Tax Declaration, the subject property is agricultural. In this regard, please be informed that this Department has consistently enunciated the basic rule that if the land is classified as agricultural, it may be used for non-agricultural purposes, like in your case for residential purpose, only if an application for conversion has been approved by the Department of Agrarian Reform (DAR). As defined in this jurisdiction, conversion is the act of changing the current use of a piece of agricultural land into some other uses, i.e., residential, commercial or industrial. The conversion of subject coconut land into residential land may be legally undertaken only after approval thereof by the DAR as provided in Sections 4 (j) and 5 (l) of Executive Order No. 129-A, Series of 1987 in relation with DAR Administrative Order No. 7, Series of 1997. Moreover, it is a requirement under P.D. No. 1096 (Section 301 thereof that no person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit therefore from the Building Official assigned in the place where the building is located or the building work is to be done.
Anent the last query, the answer thereto is in the negative. Please be informed that conversion of agricultural lands to non-agricultural uses insofar as those with areas of not more than five (5) hectares (e.g., the subject landholding) is cognizable by the DAR Regional Director who shall approve or disapprove the recommendations of the RCLUPPI on your application for conversion should you decide to apply. This is pursuant to DAR A.O. No. 7, Series of 1997. Hence, application for DAR Conversion Clearance cannot be dispensed with.
Lastly, please note that under DAR Memorandum Circular No. 1, Series of 1999 and in line with the President's directive dated December 28, 1998, the issuance of land conversion clearances is suspended, and new applications shall not be accepted in the meantime that DAR is reviewing the guidelines and until such time the new/revised rules and regulations on land use conversion are issued. Thereafter, new applications for land use conversion may be accepted pursuant to the new/revised guidelines.
Thank you for referring this particular concern to us and we hope to have clarified you on the matter.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
OSEC
Doc. No. 98110593
The Regional Director
DAR Regional Office No. IV
Capitol Compound, Pasig City
The Provincial Agrarian Reform Officer
DAR-Provincial Office
Odiongan, Romblon
The Municipal Agrarian Reform Officer
DAR-Municipal Office
San Fernando, Romblon