July 12, 2002
DAR OPINION NO. 21-02
Mr. Rafael Lo
St. Peter and Paul Happy Homes
Development Corporation
Ubaliw, Polangui, Albay
Dear Mr. Lo:
This refers to your letter dated 22 February 2002 in behalf of Diamond Village, requesting for supplemental order clarifying the previous order (Exemption Order dated 24 October 2001, IN RE: APPLICATION FOR ISSUANCE OF EXEMPTION CLEARANCE PURSUANT TO DAR ADMINISTRATIVE ORDER NO. 06, SERIES OF 1994 OVER ONE (1) PARCEL OF LAND LOCATED AT BRGY. UBALIW, POLANGUI, ALBAY) that subject property is exempted from filing application for land use conversion under DAR Administrative Order No. 6, series of 1994.
Your request was prompted by the letter-advice dated 11 February 2002 of Regional Officer Florencio B. Tingzon, Jr. of the Housing and Land Use Regulatory Board (HLURB) for you to secure from this Department an Exemption from DAR Conversion in addition to Exemption from CARP coverage. Said advice was premised on DAR Opinion No. 11, series of 2001 dated 07 August 2001, in the light of Department of Justice Opinion No. 44, series of 1990, clarifying whether or not an exemption from CARP coverage is in the same nature as conversion of agricultural land from agricultural use to non-agricultural use wherein the DAR ruled in the negative.
Pertinent hereto are the provisions of DAR Administrative Order No. 06, series of 1994 (Guidelines for the Issuance of Exemption Clearance Based on Sec. 3 (c) of RA 6657 and the Department of Justice (DOJ) Opinion No. 44, Series of 1990) and Section 3.4 of DAR Administrative Order No. 1, series of 2002 (2002 Comprehensive Rules on Land Use Conversion), to wit: DaTICc
Item II, 2nd paragraph of DAR A.O. No. 6, series of 1994:
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"Department of Justice Opinion No. 44, series of 1990 has ruled that with respect to the conversion of agricultural lands covered by Republic Act No. 6657 to non-agricultural uses, the authority of DAR to approve such conversion may be exercised from the date of its effectivity, on 15 June 1988. Thus, all lands that were already classified as commercial, residential or industrial before 15 June 1988 no longer need any conversion clearance. (emphasis supplied)
Section 3.4, Article II of DAR A.O. No. 1, series of 2002:
"Section 3. Applicability of Rules — These guidelines shall apply to all applications for conversion, from agricultural to non-agricultural uses or to another agricultural use, such as:
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3.4. Conversion of agricultural lands or areas that have been reclassified by the LGU or by way of a Presidential Proclamation, to residential, commercial, industrial, or other non-agricultural uses on or after the effectivity of RA 6657 on 15 June 1988, pursuant to Section 20 of RA 7160, and other pertinent laws and regulations, and are to be converted to such uses. However, for those reclassified prior to 15 June 1988, the guidelines in securing an exemption clearance from the DAR shall apply." (emphasis supplied)
It can be clearly inferred from the above provisions that DAR conversion clearance is no longer needed for lands exempted from CARP coverage by reason of its reclassification as commercial, residential or industrial before 15 June 1988. Thus, in DAR Opinion No. 11, series of 2001, we stated that a conversion order is no longer necessary for properties already classified as non-agricultural prior to June 15, 1988 or before the effectivity of CARP and, that, only an exemption clearance is required.
Although in said opinion it was opined that exemption from CARP coverage is not in the same nature as conversion of agricultural land from agricultural use to non-agricultural use, we qualified the same in the penultimate paragraph of the same opinion that "DOJ Opinion No. 44, series of 1994 (sic) is the only ground for exemption which does not require a conversion order/clearance". Thus, exemption from CARP coverage pursuant to DOJ Opinion No. 44, series of 1990 as implemented by DAR Administrative Order No. 6, series of 1994 partakes in effect, as in the instant case, of the nature of a conversion of agricultural lands from agricultural to non-agricultural use since said lands reclassified as non-agricultural prior to 15 June 1988 are no longer deemed agricultural and covered by CARP pursuant to DOJ Opinion No. 44, series of 1990 and Sections 3 (c) and 4 of R.A. No. 6657.
Accordingly, there is no longer any necessity for you to secure from the DAR an Exemption from DAR Conversion in addition to the Exemption from CARP coverage issued earlier by this agency as still being required by the Regional HLURB. The DAR Exemption Order dated 24 October 2001 suffices. SEACTH
We hope to have clarified the matter.
Thank you.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office