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    1.CREBA Vs Sec of Agrarian Reform GR No 183409 - Merencillo

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    Gen Cabrillas
    The Supreme Court ruled that DAR AO No. 01-02 requiring DAR approval for land reclassification by local governments does not violate local autonomy. While reclassification specifies new land uses, conversion is required to actually change the use of agricultural land. Executive Order 129-A gave DAR authority over land conversion under the Comprehensive Agrarian Reform Program. Prior cases also established that converted lands still require DAR approval. Therefore, reclassified agricultural lands must still undergo the conversion process under DAR jurisdiction before being used non-agriculturally, and the DAR order did not infringe on local government powers.

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    1.CREBA Vs Sec of Agrarian Reform GR No 183409 - Merencillo

    Uploaded by

    Gen Cabrillas
    315 views2 pages
    The Supreme Court ruled that DAR AO No. 01-02 requiring DAR approval for land reclassification by local governments does not violate local autonomy. While reclassification specifies new land uses, conversion is required to actually change the use of agricultural land. Executive Order 129-A gave DAR authority over land conversion under the Comprehensive Agrarian Reform Program. Prior cases also established that converted lands still require DAR approval. Therefore, reclassified agricultural lands must still undergo the conversion process under DAR jurisdiction before being used non-agriculturally, and the DAR order did not infringe on local government powers.

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    1.CREBA-vs-Sec-of-Agrarian-Reform-GR-No-183409_Merencillo

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    The Supreme Court ruled that DAR AO No. 01-02 requiring DAR approval for land reclassification by local governments does not violate local autonomy. While reclassification specifies new land uses, conversion is required to actually change the use of agricultural land. Executive Order 129-A gave DAR authority over land conversion under the Comprehensive Agrarian Reform Program. Prior cases also established that converted lands still require DAR approval. Therefore, reclassified agricultural lands must still undergo the conversion process under DAR jurisdiction before being used non-agriculturally, and the DAR order did not infringe on local government powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    315 views2 pages

    1.CREBA Vs Sec of Agrarian Reform GR No 183409 - Merencillo

    Uploaded by

    Gen Cabrillas
    The Supreme Court ruled that DAR AO No. 01-02 requiring DAR approval for land reclassification by local governments does not violate local autonomy. While reclassification specifies new land uses, conversion is required to actually change the use of agricultural land. Executive Order 129-A gave DAR authority over land conversion under the Comprehensive Agrarian Reform Program. Prior cases also established that converted lands still require DAR approval. Therefore, reclassified agricultural lands must still undergo the conversion process under DAR jurisdiction before being used non-agriculturally, and the DAR order did not infringe on local government powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    Chamber of Real Estate and Builders Associations, Inc (CREBA) vs The Secretary of Agrarian

    Reform
    GR No 183409, June 18, 2010
    Jurisprudence: Conversion is the act of changing the current use of a piece of agricultural
    land into some other use as approved by the DAR while reclassification is the act of
    specifying how agricultural lands shall be utilized for non-agricultural uses such as
    residential, industrial and commercial as embodied in the land use plan, subject to the
    requirements and procedures for land use conversion.

    Facts:
    Petitioner CREBA, a private corporation involved in land and housing development,
    assailed the DAR AO No 01-02 as amended by DAR AO No 05-07 and DAR Memorandum
    No. 8 in this petition for certiorari and prohibition.
    Petitioner contended that the DAR Sec. acted with grave abuse of discretion in issuing DAR
    AO NO 01-02 requiring DAR's approval or clearance to effect reclassification of lands by
    LGU. Petitioner asserted that the said order contravenes Section 20 of RA 7160, the Local
    Government Code, because it was not provided therein that reclassification by LGU must be
    subject to conversion procedures. The said AO also contravenes the constitutional mandate
    on local autonomy under the 1987 Constitution.
    Petitioner averred that the said EO has substantially prejudiced petitioner as it has led to a
    slowdown on housing projects.

    Issue:
    WON DAR AO No 01-02 violates the local autonomy of local government units.

    Held:
    No. The Court has held that on the issue of jurisdiction and authority of the Secretary to
    issue the SAID order, Executive Order no 129-A vested upon the DAR the responsibility of
    impelemnent RA 8857 or the Comprehensive Agrarian Reform Program (CARP). Moreover,
    Department of Justice Opinion No 44, Series of 1990, an opinion recognized in many cases
    decided by the COurt, clarified that after the effectivity or RA 6657 DAR has been given the
    authority to approve land conversion. In Ros vs DAR, the Court has also enunciated that
    after the passage of RA 6657, agricultural lands, though reclassified, have to go through the
    process of conversion, jurisdiction over which is vested in the DAR.
    In Alarcon vs CA, the Court held that reclassification of lands does not suffice. Conversion is
    different from reclassification. Conversion is the act of changing the current use of a piece
    of agricultural land into some other use as approved by the DAR while reclassification is
    the act of specifying how agricultural lands shall be utilized for non-agricultural uses such
    as residential, industrial and commercial as embodied in the land use plan, subject to the
    requirements and procedures for land use conversion. In view thereof, a mere
    reclassification of an agricultural land does not automatically allow a landowner to change
    its use. He has to undergo the process of conversion before he is permitted to use the
    agricultural land for other purpose.

    Any reclassification therefore of agricultural lands to residential, commercial, and


    industrial or other non-agricultural uses by LGUs must undergo the process the process of
    conversion, despite having undergone reclassification, before agricultural lands may be
    used for other purposes.

    Hence, DAR AO No 01-02,as amended, did not violate the autonomy of the LGUs.

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