Lands NOT covered by agrarian laws
LANDS ALREADY CLASSIFIED FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL USE IN TOWN PLANS AND ZONING ORDINANCES AS APPROVED BY THE HLURB AND ITS PRECURSOR AGENCIES PRIOR TO JUNE 15, 1988 ARE OUTSIDE THE COVERAGE OF THE AGRARIAN LAWS. (G.R. No. 229983, July 29, 2019)
PD 27 covers private agricultural lands primarily devoted to rice and corn under a system of sharecrop or lease-tenancy, whether classified as landed estate or not, while RA 6657 covers all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. (EO) 229,[1] including other lands of the public domain suitable for agriculture, regardless of tenurial arrangement and commodity produced.
Conversely, lands not devoted to agricultural activity, including lands previously converted/reclassified to non-agricultural uses prior to the effectivity of RA 6657 by government agencies other than the DAR are outside the coverage of the agrarian laws,[2] subject to the qualification that such conversion/ reclassification shall not operate to divest farmer-beneficiaries (FBs) of their rights over lands covered by PD 27 that have vested prior to June 15, 1988.[3]
DOJ Opinion No. 44, Series of 1990 recognized the authority of the HLURB, and its precursor, the HSRC, to approve and/or promulgate zoning and other land use control standards and guidelines which shall govern, among others, land use plans and zoning ordinances of local government units. Thus, lands already classified as commercial, industrial or residential before June 15, 1988 no longer need any conversion clearance from the DAR in order to be exempt from CARP coverage.
DOJ Opinion No. 44, Series of 1990 recognized the authority of the HLURB, and its precursor, the HSRC, to approve and/or promulgate zoning and other land use control standards and guidelines which shall govern, among others, land use plans and zoning ordinances of local government units. Thus, lands already classified as commercial, industrial or residential before June 15, 1988 no longer need any conversion clearance from the DAR in order to be exempt from CARP coverage.
[1] Entitled "PROVIDING THE MECHANISMS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE AGRARIAN REFORM PROGRAM," approved on July 22, 1987.
[2] See Natalia Realty Inc. v. DAR, supra note 57, at 282-283. See also Pasong Bayabas Farmers Association Inc. v. CA, 473 Phil. 64, 92-94 (2004), and Section 10 of RA 6657.
[3] See third paragraph, Item II of DAR AO No. 6, Series of 1994.
