July 9, 2001

DAR OPINION NO. 07-01

Atty. Ronaldo O. Navarro

Yabut, Yabut and Coronel Law Firm

30 Plaza Romana Building

Dau, Mabalacat

Pampanga

Dear Atty. Navarro:

This has reference to your letter dated 03 May 2001, requesting for opinion regarding the query posed therein as hereunder quoted.

"Whether or not the subject properties, irrespective of their titles, is exempt from conversion procedures or need not secure conversion clearance considering that there was already a reclassification by the Municipality of Arayat, Pampanga"

We observe that you are banking on the Department of Justice (DOJ) Opinion No. 44, series of 1990 wherein, under said opinion, a parcel of land is considered non-agricultural and therefore beyond the coverage of CARP, if it has been reclassified as residential, commercial or industrial before 15 June 1988, the date of effectivity of the Comprehensive Agrarian Reform Law (CARL).

If, indeed, subject properties fall within the purview of the aforesaid DOJ Opinion the landowner may no longer be required to secure conversion clearance. What he/she or his/her duly authorized representative basically needs, however, is an exemption clearance from the DAR pursuit to DAR Administrative Order No. 06, series of 1994 as amended.

We hope to have clarified the matter.

Very truly yours,

(SGD.) VIRGILIO R. DE LOS REYES

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Director Nestor R. Acosta

DAR Regional Office No. 3

Pedmar Building, Dolores

San Fernando, Pampanga

PARO Vicente Jimenez

DAR Provincial Agrarian Reform Office

Del Pilar, San Fernando, Pampanga

The Municipal Agrarian Reform Officer

DAR Municipal Office

Arayat, Pampanga