August 7, 2001
DAR OPINION NO. 11-01
MR. FLORENCIO P. TINGZON, JR.
Regional Officer
Housing and Land Use Regulatory Board
2nd Floor Doña Pepita Bldg. II
Rizal St., Legazpi City
Dear Mr. Tingzon:
This refers to your letter dated 23 April 2001, requesting for clarification whether an exemption from CARP coverage is in the same nature as conversion of agricultural land from agricultural use to non-agricultural use in the light of Department of Justice Opinion No. 44, series of 1990.
Pursuant to the said DOJ Opinion, DAR Administrative Order No. 6, series of 1994 provides, to wit:
Item II
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"Department of Justice Opinion No. 44, series of 1990 has ruled that with respect to the conversion of agricultural lands covered by Republic Act No. 6657 to non-agricultural uses, the authority of DAR to approve such conversion may be exercised from the date of its effectivity, on 15 June 1988. Thus, all lands that were already classified as commercial, residential or industrial before 15 June 1988 no longer need any conversion clearance."
While DAR Administrative Order No. 1, series of 1999, the implementing rules on land use conversion, provides:
Section 3. Applicability of Rules. — These Rules shall apply to the following agricultural lands:
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"Those reclassified to residential, commercial, industrial, or other non-agricultural uses on or after the effectivity of R.A. No. 6657 on 15 June 1988 pursuant to Section 20 of R.A. No. 7160 and other pertinent laws and regulations, and are to be converted to such uses. However, for those reclassified prior to June 15, 1988, the guidelines on securing exemption clearance shall apply."
From the foregoing applicable provisions, it is clear that the answer to your query is in the negative. Hence, a conversion order is no longer necessary for properties already reclassified as non-agricultural prior to June 15, 1988 or before the effectivity of CARP. However, an exemption clearance is required. On the other hand, a conversion order is necessary for those agricultural properties reclassified as non-agricultural from June 15, 1988 onwards. Please note that a conversion order is necessary before any conversion activities may be performed on the subject lands.
It should be emphasized that DOJ Opinion No. 44, series 1990 is the only ground for exemption which does not require a conversion order/clearance. All other grounds for CARP-exemption of agricultural land provided under R.A. No. 6657 always require a conversion order/clearance whenever its use is changed from agricultural non-agricultural.
We hope we have clarified the matter with you.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and Legal Affairs