LGU's authority to reclassify lands
Does RA 7160, otherwise known as the Local Government Code of 1991, give the cities and municipalities the authority to convert agricultural lands to non-agricultural uses?
No, what the Code provides is the authority of cities and municipalities to reclassify lands into uses within their jurisdiction subject to certain limitations and conditions.What are the requirements and procedures for reclassification?
- The city or municipal development council shall recommend to the Sangguniang Panglunsod or Sangguniang Bayan, as the case may be, the reclassification of agricultural lands within its jurisdiction.
- Before enacting the ordinance reclassifying agricultural lands, the Sanggunian concerned must first secure the following certificates:
- Certification from DA indicating the total area of existing agricultural lands in the city or municipality, that such lands are not classified as non-negotiable for conversion or reclassification; and that the land has ceased to be economically feasible and sound for agricultural purposes.
- Certification from DAR indicating that such lands are not distributed, or not covered by a notice of coverage or not voluntarily offered for coverage under CARP.
- The application shall be submitted to the HLRB which upon receipt shall conduct initial review to determine if:
- the city or municipality has an existing comprehensive land use plan reviewed and approved in accordance with Executive Order No. 72 (1993); and
- the proposed reclassification complies with the limitations prescribed under Section 1 of Memo Circular No. 54.
- The Sanggunian shall conduct public hearings for the purpose.
- Upon receipt of the required certification from the government agencies, the Sanggunian concerned may now enact an ordinance authorizing the reclassification of agricultural lands and providing for the manner of their utilization or disposition.
