February 9, 1998
DAR OPINION NO. 17-98
ATTY . NESTOR R. ACOSTA, CESO II
Regional Director
DAR Regional Office No. 1
Lingsat, San Fernando
La Union
Dear Atty. Acosta:
This refers to your letter dated 25 September 1997 requesting for legal opinion on whether or not an untitled private property with a Tax Declaration of a natural or juridical person can be applied for conversion.
You mention that you have in your office an application for conversion by Lorma Hospital and that this is an untitled private property with Tax Declaration registered in its name.
Pursuant to Administrative Order No. 07, Series of 1997 (Omnibus Rules and Procedures Governing Conversion of Agricultural to Non-Agricultural uses), it defines private agricultural lands as lands devoted to or suitable to agriculture, as defined in R.A. No. 6657 and owned by natural or juridical persons or by the government in its proprietary capacity. Item V of said Administrative Order further provides the following, quote: "These rules shall cover all private agricultural lands as defined herein regardless of tenurial arrangement and commodity produced. It shall also include all untitled agricultural lands and agricultural lands reclassified by LGUs into non- agricultural uses after June 15, 1988, pursuant to Memorandum Circular (M. C.) No. 54, Series of 1993 of the Office of the President and those proposed to be used for livestock, poultry and swine-raising as provided in DAR Administrative Order No. 9, Series of 1993".
In connection with the foregoing, owners of private untitled properties covered by Tax Declaration who intend to change the use of their lands may file an application for conversion with the DAR pursuant to the provisions and documentary requirements as provided for under DAR A.O. No. 7, Series of 1997. Attached is a copy of said guideline for the complete list of documentary requirements on application for conversion.
Please be guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning