September 4, 1998
DAR OPINION NO. 86-98
ENGR. PAULINO ACIERTO, JR.
Project Evaluation Officer III
Housing and Land Use Regulatory Board
Region XII, Iligan City
Dear Engr. Acierto:
This refers to your request for opinion regarding the application/interpretation of Item III-A of DAR Administrative Order No. 06, Series of 1994 which you quoted as follows:
"Any landowner or his duly (authorized) representative whose lands are covered by DOJ Opinion No. 44, Series of 1990 and DESIRES (Note the word desire) to have an exemption clearance from DAR, should file the application with the Regional Office of the DAR where the land is located.
In addition, you pose the following issues, to wit:
1. Does the filing of exemption clearance be mandatory to all applications or is it optional depending upon the desire of the applicant?
2. Can the development of an area proceed pending submission of the required exemption clearance from the DAR?
You state that PRYCE CORPORATION filed an application for Preliminary Approval and Locational Clearance (PALC) for Memorial Park/Cemetery for the expansion of its corporate-owned Maria Cristina Gardens located at Sta. Filomena, Iligan City of which said corporation used the subject provision of DOJ Opinion No. 44, Series of 1990 as an excuse not to file an exemption clearance with the Department of Agrarian Reform; and that the area subject of the application for PALC was classified as Industrial-1 Zone as per City Ordinance No. 1313, Series of 1975, otherwise known as the Zoning Regulation for the City of Iligan and approved by the then Human Settlement Regulatory Commission on September 21, 1978.
Your request, as we see it, presupposes that an ambiguity exists between this Department's Administrative Order No. 06, Series of 1994 and DOJ Opinion No. 44, Series of 1990. We believe, however, that no ambiguity exists between the two and that the former was issued in consonance with the latter for the purpose of streamlining the issuance of exemption clearances based thereon.
To begin with, it should be stressed that DOJ Opinion No. 44, Series of 1990 upholds DAR's general authority under the Comprehensive Agrarian Reform Law (CARL) to approve or disapprove applications for conversion of agricultural lands to non-agricultural uses from and after the effectivity of CARL on June 15, 1988. Thus, it should be made clear that before any conversion of said agricultural lands to non-agricultural uses may be undertaken, the same must first be cleared or approved by DAR through an Order of Conversion. The application for a DAR Exemption Clearance, on the other hand, for lands reclassified to non-agricultural uses prior to June 15, 1988, is likewise not optional and does not depend upon the desire of the landowner or his duly authorized representatives.
Corollarily, as regards your query on whether the development of an area can proceed pending submission of the required exemption clearance from the DAR, it is submitted that though the area subject matter of your query had allegedly been classified as Industrial Zone prior to effectivity of CARL, a DAR Exemption Clearance must first be secured pursuant to DOJ Opinion No. 44, Series of 1990 to foreclose possible circumvention of existing agrarian laws, rules and regulations.
Thank your for communicating with us and we hope to have clarified the matters with you.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Office of the Secretary