June 7, 2002

DAR OPINION NO. 18-02

Mr. Rodolfo A. Salalima
Senior Vice-President, Globe Telecom, Inc.
Globe Telecom Plaza
Pioneer cor. Madison Streets
1552 Mandaluyong City

Dear Mr. Salalima:

This refers to your letter requesting legal opinion on whether or not a DAR Conversion Clearance is still required in case a portion of an agricultural land is to be leased by Globe Telecom for the sole purpose of erecting a cellsite and the area to be used is five hundred (500) square meters or less.   aICHEc

It is your contention that there is nothing in the provisions of Republic Act No. 6657 (Comprehensive Agrarian Reform Law) that would require Globe Telecom Inc. (GLOBE) to secure prior conversion clearance from the Department of Agrarian Reform (DAR) for said purpose, submitting the following arguments: that requiring conversion prior to the construction and operation of a telecommunication facility would run counter to the requirements of public service as set forth in GLOBE's legislative franchise under Republic Act No. 7229 and its associated laws, Republic Act No. 402, as amended, and Batas Pambansa Blg. 95, which allows it to construct and operate various telecommunications facilities throughout the country; that CARL is a piece of general legislation and should yield to R.A. No. 7229 and Batas Pambansa Blg. 95 which are in the nature of special laws; that DAR Administrative Order No. 01, series of 1999 entitled, "Revised Rules and Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses" cannot, all the more, prevail over the aforesaid special laws; and, that, in the interest of public service, it is of prime consideration to exempt from such conversion requirement the parcels of land to be leased with an area not exceeding 500 square meters per site, when the intended purpose is exclusively for telecommunication services.

With regret, we have to disagree. DAR's mandate is to preserve and maintain agricultural lands with increased productivity. But where, as apparently it is herein, there is need for conversion in the land use of an agricultural land, existing laws and issuances have provided for the conditions and requirements therefor. Should there be non-compliance, same may constitute a prohibited act under Section 73 of Republic Act No. 6657 and related laws and, accordingly, criminally punishable.

It is therefore advised that you go through the process and feel assured that your manifested purpose which is impressed with public interest will seriously be taken into consideration.   ETHaDC

We hope to have clarified the matter.

Very truly yours,

(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office