For Report
For Report
For Report
Reclassification of Lands
I. A city or municipality may, through an ordinance passed by the Sanggunian after conducting
public hearings for the purpose.
authorize the reclassification of agricultural lands
and provide for the manner of their utilization or disposition in the following cases:
(1) when the land ceases to be economically feasible and sound for agricultural purposes as
determined by the Department of Agriculture or
(2) where the land shall have substantially greater economic value for residential, commercial,
or industrial purposes, as determined by the Sanggunian concerned:
provided: That such reclassification shall be limited to the following percentage of the total
agricultural land area at the time of the passage of the ordinance:
a. For highly urbanized and independent component cities, fifteen percent (15%);
b. For component cities and first to third class municipalities, ten percent (10%);
c. For fourth to sixth class municipalities, five percent(5%):
Provided further:
That agricultural lands distributed to agrarian reform beneficiaries pursuant to
Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657), otherwise known
as "The Comprehensive Agrarian Reform Law", shall not be affected by the said
reclassification and the conversion of such lands into other purposes shall be governed
by Section 65 of said Act
II. The President may, when public interest so requires and upon recommendation of the National
Economic and Development Authority, authorize a city or municipality to reclassify lands in excess
of the limits set in the next preceding paragraph
III. The local government units shall, in conformity with existing laws, continue to prepare their
respective comprehensive land use plans enacted through zoning ordinances which shall be the
primary and 15 dominant bases for the future use of land resources: Provided, That the
requirements for food production, human settlements, and industrial expansion shall be taken into
consideration in the preparation of such plans.
IV. Where approval by a national agency is required for reclassification, such approval shall not be
unreasonably withheld. Failure to act on a proper and complete application for reclassification
within three (3) months from receipt of the same shall be deemed as approval thereof.
V. Nothing in this Section shall be construed as repealing, amending, or modifying in any manner
the provisions of R.A. No. 6657. (The Comprehensive Agrarian Reform Law of 1988)
DEFINITION OF TERMS
A. Agricultural land refers to land devoted to agricultural activity and not classified as mineral,
forest, residential, commercial or industrial land (Section 3[c], R.A. No. 6657).
B. Conversion is the act of changing the current use of a piece of agricultural land into some other
use.
C. Reclassification of agricultural lands 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. It also includes the reversion of non-agricultural lands to agricultural use.
In case, CREBA VS. THE SECRETARY OF DAR, G.R. NO. 183409, 18 JUNE 2010 mere reclassification
of an agricultural land does not automatically allow a land owner to change its use. Need to undergo
the process of conversion before he is permitted to use the agricultural land for other purposes.
However, agricultural lands, which are already reclassified before the effectivity of Republic Act No.
6657 which is 15 June 1988, are exempted from conversion.