July 9, 2001

DAR OPINION NO. 06-01

MEMORANDUM

  TO                :     LUCILLE G. CAPISTRANO
                                              Head, CLUPPI-1 Secretariat

  SUBJECT    :     Conversion of Agricultural Lands Into Residential Use Involving 44.1907 Hectares Located at San Rafael, San Roque, Bulacan (Buenavista Estate)

This refers to your Memorandum dated 05 January 2001, referred to us by Director Gloria J. Fabia, BLAD. In her Memorandum dated 16 January 2001, seeking clarification regarding the period of convertibility into residential use of the Buenavista Estate in San Rafael, San Roque, Bulacan, considering that subject properties were formerly landed estates covered under the old program.

Notwithstanding the apparent absence of specific guidelines governing the convertibility of lands in issue, we nonetheless find helpful the provisions of Section 65 of R.A. No. 6657 which read:

SECTION 65.          Conversion of Lands. — After the lapse of five (5) years from its award. When the land ceases to be economically feasible and sound for agricultural purposes or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes. The DAR, upon application of the beneficiary or the landowner with due notice to the affected parties, and subject to existing laws may authorize the reclassification or conversion of the land and its disposition; Provided, That the beneficiary shall have fully paid his obligation. (emphasis supplied)

conjunctively with DAR Administrative Order No. 01, series of 1999, specifically Sections 8 (b) and 9 (b) thereof.

As to your query on that documents are required to support the application for conversion, you may refer to Administrative Order No. 01, series of 1999 for your general guidance and reference.

Be guided accordingly.

(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Legal Affairs, and Policy and
Planning

Copy furnished:

Dir. Gloria J. Fabia

Bureau of Land Acquisition and Distribution