September 9, 2003
DAR OPINION NO. 17-03
Ms. Helen S. Molano
Director, ATS Shangri-la Realty, Inc.
1-3 3rd Floor Legaspi Towers 300
Roxas Blvd. Corner P. Ocampo Sr. Street
Malate, Manila 1004
Dear Director Molano:
This refers to your letter dated 20 February 2003, requesting for a legal opinion as to whether or not it is still necessary for you to process your application for conversion since your property (located at Pujada, Mati, Davao Oriental) falls within the tourism zone per Municipal Ordinance No. 23, Series of 1996 of the Municipality of Mati approved on 10 July 1996. aCSTDc
You stated, among others, that on 20 October 1997, you received a Notice of Coverage dated 06 October 1997 from the Office of Mr. Venchito S. Mandap, Municipal Agrarian Reform Officer (MARO) of Mati, Davao Oriental; that during your meeting in Mati, Davao Oriental with the MARO on 18 November 1997, you informed the latter of your intention to develop the property and your objection to subject the property under CARP; that at the same time, you made some research and fact-finding in the Municipal Planning and Development Office in Mati, Davao Oriental and discovered that as early as 1996, the property was classified by the Municipal Council of Mati, Davao Oriental, through a resolution, as part of the tourist zone of the Municipality of Mati; that you were also able to gather some information that the property is within the growth area of six (6) municipalities in Davao Oriental known as MAGBALUSTA (Mati, Gov. Generoso, Banaybanay, Lupon, San Isidro and Tarragona) Economic Zone Provincial Agri-Industrial Center; that on 01 December 1997, you attended a conference with the MARO where you filed your formal protest to the Notice of Coverage; that during the conference, you discussed fully your formal protest and the real purpose of the property; that at the end of the discussion, you were given an assurance by the MARO that they will allow you to convert the property from its present use, i.e., agricultural to industrial and/or tourism; that you were given a list of conversion requirements to submit for the approval thereof; that from the date thereon, all required documents had been submitted to the MARO; and that you have a certification dated 24 February 1998 from the Municipal Planning and Development Office in Mati, Davao Oriental, certifying that your property falls within the Tourist Zone. Hence, you want to know if it is still necessary for you to process your application for conversion as it is not yet approved as of this date.
At the outset, please be informed that reclassification, which is the Local Government Unit's (LGU's) act of specifying how agricultural lands shall be utilized for non-agricultural uses, such as residential, industrial, tourism or commercial, as embodied in the land use plan, is not synonymous with land use conversion, which is the act or process of changing the current physical use of a piece of agricultural land to non-agricultural uses as duly approved by DAR. Under the law, approval of applications for land use conversion remains the exclusive responsibility of DAR.
Thus, landowners are still required to file an application for conversion to be determined on the merits and duly approved by the proper DAR authorities (not the MARO) before agricultural lands may be converted into non-agricultural uses pursuant to the provisions of existing/applicable laws and DAR guidelines on conversion.
This opinion is rendered on the basis of the facts presented. However, if upon investigation it will be disclosed that the facts are different, then this opinion shall be considered null and void.
Thank you for communicating with us.
Very truly yours,
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning
and Legal Affairs Office