January 25, 1996
DAR OPINION NO. 05-96
Mr. Samuel V. Patagnan, Sr.
Bgy. Agpangi, Naval
Biliran Province
Dear Mr. Patagnan:
This refers to your request for opinion on whether the farmlot awarded to you in June, 1991 covered by a CLOA and now fully-paid may be the subject of conversion, considering that the property is no longer fertile and is now eroded.
The answer is found in Section 65 of R.A. No. 6657 (the Comprehensive Agrarian Reform Law or CARL), which provides:
"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 on the land and its disposition: Provided, that the beneficiary shall have fully paid his obligation."
It is clear from the aforequoted provision that the conversion of your farmlot may be allowed by DAR only if the following conditions are satisfied:
a) that 5 years have elapsed from the award thereof;
b) that the land has ceased 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; and
c) that the farmlot has been fully paid.
Although you state that your farmlot has been paid in full, the 5-year period from award has not yet lapsed, hence, the conversion of the awarded lot cannot as yet be allowed. In June, 1996, you may apply for conversion of your farmlot, attaching the documents in support of said application, such as the Certification of the Department of Agriculture on soil suitability. Our field officers will then conduct the necessary inspection/investigation and submit their report and recommendation, for processing of your application.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office