February 4, 1998

DAR OPINION NO. 13-98

ANDRES S. MARAVELES

PARCCOM Chairman, Province of Bukidnon

2nd Floor MARO's Office

Bonifacio Drive, Malaybalay, Bukidnon

Dear Mr. Maraveles:

This refers to your letter requesting for legal opinion on whether commercial farms covered by a Deferment Order can be converted into non-agricultural uses.

Your letter states that the issue was raised because during the PARCCOM meeting held last October 9, 1997 it was reported that the Menzi property (orchard) in Damilag, Manolo Fortich, Bukidnon was apprehensive if the conversion be approved because it will set a precedence to others.

Anent your query, Administrative Order No. 7, Series of 1997 (Item VI-B, 3 and 4) enumerates the areas which shall not be subject to or non-negotiable for conversion; and the areas classified as highly restricted from conversion. A reading of such enumeration reveals that lands covered by a commercial farm deferment order is not included among them. Hence, it is submitted that said lands may be the subject of an application for conversion provided that the property has not been actually distributed to the farmer-beneficiaries thereof and, provided further, that the requirements mentioned under said guideline are duly complied with if the subject lands for conversion fall within Item VI-B (4-b and c) of the guideline.

Please find hereto attached copy of A.O. No. 7, Series of 1997, for your further information.

We hope to have clarified the matter with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Jose T. Domingo

Director, PARC Secretariat