December 23, 1999
DAR OPINION NO. 80-99
PARO NATHANIEL A. RAMOS
OIC-PARO I
DAR-Provincial Office
Bayombong, Nueva Vizcaya
Dear PARO Ramos:
This refers to your request for opinion on the following:
1. How shall post-harvest facilities (solar drier, ricemill, warehouse) built on agricultural land be treated?
2. Is the Comprehensive Agrarian Reform Law (CARL) violated when orchids, mahogany and G-melina are planted on the landowner's untenanted Riceland without DAR Conversion Order?
At the outset, please be informed that 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. The conversion of an agricultural land to non-agricultural use may be legally undertaken only after approval thereof by the DAR.
Anent your first query, please find attached copy of DAR Opinion No. 54, Series of 1997 which earlier had already clarified the issue on whether or not the building or establishment of post-harvest facilities such as rice/corn mills, warehouses and solar driers would constitute an illegal conversion.
Please be informed further that the Central Office is in the process of drafting a guideline intended to clarify in detail the issue you raised.
On the second query, since there is no change in the use of the land, that is, the land remains to be agricultural, planting thereon of orchids, G-melina and mahogany does not constitute illegal conversion even if such change in the land use is without order of conversion from DAR. However, since it is the policy of the State to protect prime agricultural lands for food production activities and to give highest priority to the completion of the Comprehensive Agrarian Reform Program (CARP), we suggest that you take a deeper look into whether subject areas are non-negotiable or highly restricted for conversion pursuant to Presidential Administrative Order No. 363, dated 09 October 1997, and, if so, to make persuasive representations with the landowner to maintain and sustain the lands' original character and productive use. This shall, however, be without prejudice to CARP coverage, if appropriate.
We hope to have clarified the issues with you.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Dir. Abrino L. Aydinan
DAR Region II
Corner Taft and Aguinaldo St.
Tuguegarao, Cagayan
PARO Regelio P. Follante, CESO V
DAR Provincial Office
Bayombong, Nueva Vizcaya