What is land conversion?

AO No. 1 series 2002 Art. 1 Sec. 1 (2.12)

Land Use Conversion- refers to the act or process of

changing the current physical use of a piece of agricultural

land into some other us or for another agricultural use other

than the cultivation of the soil, planting of crops, growing of

trees, including harvesting of produce therefrom, as

approved by DAR.

What is Premature Conversion of Agricultural land?

AO No. 1 series 2002 Art. 1 Sec. 1 (2.15)

Refers to the undertaking of any development activity,

the result of which may modify or alter the physical

characteristic of the agricultural land as would render it

suitable for non-agricultural purposes without approved

conversion order from the DAR.

What is illegal conversion?

AO No. 1 series 2002 Art. 1 Sec. 1 (2.12)

Illegal Conversion is the conversion by any landowner of

his agricultural land into any non-agricultural use with intent

to avoid the application of RA 6657 to his landholding and to

dispossess his tenant farmers of the land tilled by them; or the

change of nature of lands outside urban centers and city

as provided in Section 73 (c) and (e), respectively, of the

said Act.

What is unauthorized conversion?

AO No. 1 series 2002 Art. 1 Sec. 1 (2.24)

Unauthorized Conversion is the act of changing the

current use of the land from agricultural (e.g. riceland) to

another agricultural use, the effect of which is to exclude the

land from CARP coverage (e.g. livestock) without a

Conversion Order from the DAR, or changing the use of the

land other than that allowed under the Conversion Order

issued by the DAR.

Evidence to prove there is illegal conversion

G.R. No. 155580 ROMEO T. CALUZOR, vs

DEOGRACIAS LLANILLO and THE HEIRS OF THE LATE LORENZO

LLANILLO July 1, 2015

The court ruled the act in bulldozing and levelling the

subject property without securing the prior

approval/clearance from the government agencies

concerned (HLURB, DENR, DAR) tantamounts to illegal

liable for such act.

What are possible defenses? T

AO No 6 Series of 1994

DOJ opinion No. 44 series of 1990 has ruled that with

respect to the conversion of agricultural land covered by

RA No. 6657 to non-agricultural uses, the authority of DAR

to approve such conversion may be exercised from the

date of its effectivity, on june 15, 1988. Thus, all land that

already classified as commercial, industrial or residential

before 15 of June 1988 no longer need any conversion

clearance.

G.R. NO. 132477 : August 31, 2005]

JOSE LUIS ROS and FBM ABOITIZ MARINE, INC., v. DEPARTMENT

OF AGRARIAN REFORM, HON. ERNESTO GARILAO,

Local governments have the power to reclassify portions

of their agricultural lands, subject to the conditions set forth in

Section 20of the Local Government Code. According to

local government is one which has already been brought

under the coverage of the Comprehensive Agrarian Reform

Law (CARL) and/or which has been distributed to agrarian

reform beneficiaries, then such reclassification must be

confirmed by the DAR pursuant to its authority under Section

6522 of the CARL, in order for the reclassification to become

effective. If, however, the land sought to be reclassified is not

covered by the CARL and not distributed to agrarian reform

beneficiaries, then no confirmation from the DAR is necessary

in order for the reclassification to become effective as such

case would not fall within the DAR's conversion authority.

Stated otherwise, Section 65 of the CARL does not, in all

cases, grant the DAR absolute, sweeping and all-

encompassing power to approve or disapprove

reclassifications or conversions of all agricultural lands. Said

section only grants the DAR exclusive authority to approve or

disapprove conversions of agricultural lands which have

already been brought under the coverage of the CARL and

which have already been distributed to farmer beneficiaries.

After the passage of Republic Act No. 6657, otherwise

known as Comprehensive Agrarian Reform Program,

the process of conversion, jurisdiction over which is vested

in the DAR. However, agricultural lands already

reclassified before the effectivity of Rep. Act No. 6657 are

exempted from conversion. Conversion is the act of

changing the current use of a piece of agricultural land

into some other use as approved by the Department of

Agrarian Reform. Reclassification, on the other hand, is

the act of specifying how agricultural lands shall be

utilized for non-agricultural uses such as residential,

industrial, commercial, as embodied in the land use plan,

subject to the requirements and procedure for land use

conversion. Accordingly, a mere reclassification of

agricultural land does not automatically allow a

landowner to change its use and thus cause the

ejectment of the tenants. He has to undergo the process

of conversion before he is permitted to use the

agricultural land for other purposes.

J.V. LAGON REALTY CORP., V. HEIRS OF LEOCADIA VDA. DE

TERRE G.R. No. 219670, June 27, 2018 ]

Presented as evidence was a certified photocopy of the

Urban Land Use Plan from the Office of the City Planning and
Development Coordinator to prove that the landholding is

now classified as [Link], as explained in Ludo

& Luym Development Corporation v. Barreto, reclassification

and conversion are different. With reclassification, the land

remains agricultural but is "utilized for non-agricultural uses

such as residential, industrial or commercial, as embodied in

the land use plan, subject to the requirements and

procedure for land use [Link] the other hand, with

conversion, the current use of the agricultural land is

changed into some other use as approved by the

Department of Agrarian Reform.

AO No. 1 series 2002 Art. III Sec. 8

8.1. Conversion may be allowed if the land subject of

application is not among those considered non-negotiable

for conversion as provided in Section 4 hereof.

8.2. Conversion may be allowed, in accordance with

Section 65 of RA 6657, when the land has ceased to be

economically feasible and sound for agricultural purposes or

the locality has become urbanized and the land will have a

greater economic value for residential, commercial,

industrial, or other non-agricultural purposes.

DEOGRACIAS LLANILLO and THE HEIRS OF THE LATE LORENZO

LLANILLO July 1, 2015

The court ruled the act in bulldozing and levelling the

subject property without securing the prior

approval/clearance from the government agencies

concerned (HLURB, DENR, DAR) tantamounts to illegal

conversion. Hence, Respondent- Appellees are criminally

liable for such act.

RA 6657 Section 65. Conversion of Lands. — After the lapse of

five (5) years from its award, when the land ceases to be

economically feasible and sound for agricultural purposes, or

the locality has become urbanized and the land will have a

greater economic value for residential, commercial or

industrial purposes, the DAR, upon application of the

beneficiary or the landowner, with due notice to the

affected parties, and subject to existing laws, may authorize

the reclassification or conversion of the land and its

disposition: provided, that the beneficiary shall have fully

paid his obligation.