May 28, 1996

DAR OPINION NO. 40-96

Engr. Antonio R. Reyeg

Ilaor Norte, Oas

Albay

Dear Engr. Reyeg:

This has reference to your letter requesting for advice regarding the insistence of the DAR Region V Office for you to file an application for the conversion of your private landholding of about 8,800 sq. m. to fishpond situated at Ilaor Norte, Oas, Albay.

Per the Memorandum of Mr. Hector A. Bueno, RCLUPPI Chairman, addressed to PARO Eddie S. Chu of Albay, said property is an irrigated riceland which was found to be the subject of an on-going conversion for the purpose of constructing post-harvest facilities, fishponds and farmhouses. Moreover, per Certification dated 29 September 1995 of Mr. Jose Carlos C. Torres, Municipal Planning and Development Coordinator and Deputized Zoning Administrator, the farmhouse owned by Mrs. Aida R. Reyeg is within the Agricultural Area of the Municipality as per Existing and Proposed Land Uses. The Certificate of Zoning Compliance issued by Mr. Torres likewise states that the dominant uses of the lands within the vicinity are agricultural and residential

Please be informed that Administrative Order No. 20 of the Office of the President (copy attached) provides that all irrigated lands are not subject to and non-negotiable for conversion. Since your property is an irrigated riceland, conversion thereof to non-agricultural uses is not allowed, pursuant to said A.O. No. 20. You are therefore enjoined from converting said property. It likewise follows that no application for conversion of the riceland can be given due course.

We hope to have clarified the matter with you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA