Dear Atty. Gab,

Musta Atty! I hope you can shed some light on a problem I’m facing regarding my family’s land in Calapan City, Oriental Mindoro. My father recently passed away, and I inherited a parcel of land, about 15 hectares, located in Barangay Guinobatan. While sorting through his documents, I found an old municipal ordinance, specifically Ordinance No. 21 from 1981, passed by the Sangguniang Bayan of Calapan. This ordinance clearly designated the area where our land is located as a ‘light intensity industrial zone’. I even found records showing this was based on a Development Plan approved by the Human Settlements Regulatory Commission (now HLURB) back in 1980.

Despite this, just last month, we received a Notice of Coverage from the Department of Agrarian Reform (DAR) stating that about 10 hectares of our property will be subjected to the Comprehensive Agrarian Reform Program (CARP). We were shocked because we always understood the land to be classified as industrial based on the 1981 ordinance. When we presented the old ordinance to the DAR personnel, they seemed dismissive, implying that since the CARP law (RA 6657) was passed in 1988, any prior classification might not matter unless we got a specific DAR conversion clearance, which we never did because we thought it wasn’t necessary.

I’m confused, Atty. Was the 1981 ordinance not enough to classify our land as non-agricultural even before CARP existed? Doesn’t the HLURB approval back then count? Do we really need DAR approval now for something decided locally way before 1988? Any guidance would be greatly appreciated.

Salamat po,

Gregorio Panganiban

Dear Gregorio,

Thank you for reaching out. Musta Atty! I understand your confusion and concern regarding the Notice of Coverage from DAR despite the existence of the 1981 municipal ordinance classifying your land as industrial.

The key issue here revolves around the timing of the land’s reclassification relative to the effectivity date of the Comprehensive Agrarian Reform Law (CARL) or Republic Act No. 6657, which is June 15, 1988. Generally, lands classified as residential, commercial, or industrial before this date, pursuant to a local zoning ordinance approved by the appropriate housing regulatory body (like the HLURB or its predecessors), are considered outside the scope of CARP. Such lands generally do not require conversion clearance from DAR because they were already non-agricultural prior to the CARL’s enactment.

Untangling Land Classifications: Pre-CARL Zoning and its Impact

The core of your situation lies in understanding the power of Local Government Units (LGUs) to reclassify land and how this interacts with the Comprehensive Agrarian Reform Law (CARL), RA 6657. Before the CARL took effect on June 15, 1988, LGUs possessed the authority to determine land use within their jurisdictions through zoning ordinances.

This power was explicitly recognized under laws like the Local Autonomy Act of 1959:

Section 3 of RA No. 2264 (The Local Autonomy Act of 1959) specifically empowers municipal and/or city councils to adopt zoning and subdivision ordinances or regulations for their respective cities and municipalities subject to the approval of the City Mayor or Municipal Mayor, as the case may be.

When a municipal or city council enacts a zoning ordinance classifying land as residential, commercial, or industrial, it is exercising its police power to regulate land use for the general welfare. This reclassification essentially changes the legal status of the land from agricultural (if it was previously used as such) to non-agricultural.

The CARL itself defines the scope of lands covered by agrarian reform. Crucially, its definition of agricultural land excludes those already classified for other uses:

“Agricultural land” is defined under Section 3(c) of the CARL as that which is “devoted to agricultural activity x x x and not classified as mineral, forest, residential, commercial or industrial land.” (Emphasis supplied)

The Department of Agrarian Reform further clarified this in its own administrative issuances. DAR Administrative Order No. 1, Series of 1990, provides a more detailed definition consistent with the law:

Agricultural land refers to those devoted to agricultural activity as defined in RA 6657 and not classified as mineral or forest by the Department of Environment and Natural Resources (DENR) and its predecessor agencies, and not classified in town plans and zoning ordinances as approved by the Housing and Land Use Regulatory Board (HLURB) and its preceding competent authorities prior to 15 June 1988 for residential, commercial or industrial use. (Emphasis supplied)

This administrative order highlights two critical conditions for a parcel of land to be considered non-agricultural and thus outside CARP coverage based on LGU zoning:

1. The land must have been classified as residential, commercial, or industrial in a town plan or zoning ordinance.
2. This town plan or zoning ordinance must have been approved by the HLURB or its predecessor agency (like the Human Settlements Regulatory Commission) before June 15, 1988.

The requirement for approval by the national housing agency stems from directives like Letter of Instructions No. 729 (1978), which mandated review and ratification of local zoning ordinances by the Ministry of Human Settlements (an HLURB precursor).

Therefore, if your land in Barangay Guinobatan was indeed part of an area validly reclassified as ‘light intensity industrial zone’ by Municipal Ordinance No. 21 of Calapan in 1981, and if that ordinance (or the underlying zoning/development plan it implemented) received approval from the Human Settlements Regulatory Commission (HSRC) or HLURB before June 15, 1988, then the land should be legally considered non-agricultural and outside the scope of CARP from its inception. Subsequent DAR coverage would generally be improper for such land. The authority of LGUs to reclassify land before June 15, 1988, did not require DAR approval.

Practical Advice for Your Situation

• Verify Ordinance Details: Secure certified true copies of Calapan Municipal Ordinance No. 21, Series of 1981, including any amendments. Confirm the exact description and boundaries of the ‘light intensity industrial zone’ defined within it.
• Confirm HLURB Approval: Obtain official certification from the HLURB confirming the date its predecessor agency (HSRC) approved Resolution No. R-39-4 (or the relevant zoning plan/ordinance) which covers the 1981 reclassification. Ensure this approval date is before June 15, 1988.
• Map Your Property: Get a certified geodetic survey plan of your property and overlay it with the official zoning map corresponding to the 1981 Ordinance to definitively show your land falls within the designated industrial zone.
• Gather Supporting Documents: Collect certifications from the Calapan City Planning and Development Office (CPDO) or Zoning Administrator affirming the land’s classification under the 1981 ordinance and its HLURB approval prior to June 15, 1988.
• File for DAR Exemption: While technically not a ‘conversion’, you may need to formally apply for a Certificate of Exemption from CARP Coverage with the DAR, presenting the ordinance, HLURB approval, and certifications as evidence that the land was already non-agricultural before RA 6657 took effect. This aligns with the process established under DAR AO No. 6, Series of 1994, based on DOJ Opinion No. 44, Series of 1990.
• Respond to Notice of Coverage: Formally reply to the DAR’s Notice of Coverage within the prescribed period, stating your grounds for exemption based on the pre-1988 reclassification and attaching copies of your evidence.
• Document Land Use (Secondary): While the legal classification is paramount, documenting the actual use of the land (especially if it reflects non-agricultural activities consistent with the zoning) can be supplementary information, although lack of development doesn’t negate a valid pre-1988 classification.
• Seek Local Legal Counsel: Engage a lawyer specializing in agrarian law and land disputes in Oriental Mindoro. They can assist in gathering evidence, preparing formal submissions to DAR, and representing your interests throughout the process.

The evidence you’ve found – the 1981 Ordinance and the HSRC approval – appears strong. The crucial step is formally presenting this evidence to DAR through the proper channels, likely via an application for exemption, to contest the Notice of Coverage.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

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Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.