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LAND CLASSIFICATION, RECLASSIFICATION AND previously made to the owner, and such offer was not accepted:

CONVERSION LAWS Provided, further, That the local government unit may immediately
take possession of the property upon the filing of the expropriation
1. R.A. 6657 or the Comprehensive Agrarian Reform Law , proceedings and upon making a deposit with the proper court of at
allows the conversion of awarded lands under the Comprehensive least fifteen percent (15%) of the fair market value of the property
Agrarian Reform Program (CARP) after the lapse of five (5) years based on the current tax declaration of the property to be
from the granting of the award, if they are no longer economically expropriated: Provided, finally, That, the amount to be paid for the
feasible and sound for agricultural purposes, or the locality has expropriated property shall be determined by the proper court, based
become urbanized giving the subject lands greater economic value on the fair market value at the time of the taking of the property.
for residential, commercial or industrial purposes. Section 20. Reclassification of Lands. -
(a) A city or municipality may, through an ordinance passed by the
2. R.A. 7916 or Special Economic Zone Act identifies areas for sanggunian after conducting public hearings for the purpose,
economic zone development and prescribes the manner of authorize the reclassification of agricultural lands and provide for the
identifying such areas. manner of their utilization or disposition in the following cases: (1)
when the land ceases to be economically feasible and sound for
3. R.A. 7160 or Local Government Code of 1991 provides the agricultural purposes as determined by the Department of Agriculture
rules for reclassification of agricultural lands at the local level in terms or (2) where the land shall have substantially greater economic value
of authority, grounds for reclassification and limitations. for residential, commercial, or industrial purposes, as determined by
the sanggunian concerned: Provided, That such reclassification shall
4. R.A. 8435 or the Agricultural and Fisheries Modernization be limited to the following percentage of the total agricultural land
Act (AFMA) provides for the delineation of Strategic Agriculture and area at the time of the passage of the ordinance:
Fisheries Development Zones (ZAFDZs), preparation of land use and (1) For highly urbanized and independent component cities, fifteen
zoning ordinance as well as penalty for agricultural inactivity and percent (15%);
premature conversion. (2) For component cities and first to the third class municipalities, ten
percent (10%); and
5. DA Administrative Order No. 01, Series of 2017: Guidelines (3) For fourth to sixth class municipalities, five percent (5%):
on the Issuance of Certification for Land Use Reclassification Provided, further, That agricultural lands distributed to agrarian
provides the principles, procedures and documentary requirements reform beneficiaries pursuant to Republic Act Numbered Sixty-six
for processing and approval of land use reclassification. It derives hundred fifty-seven (R.A. No. 6657). otherwise known as "The
legal bases from pertinent sections of the Philippine Constitution, Comprehensive Agrarian Reform Law", shall not be affected by the
relevant said reclassification and the conversion of such lands into other
Executive Orders, R.A. 6657, R.A. 8435 and DA’s Charter of purposes shall be governed by Section 65 of said Act.
Agricultural Lands. (b) The President may, when public interest so requires and upon
recommendation of the National Economic and Development
6. DAR Administrative Order No. 01, Series of 2002: Authority, authorize a city or municipality to reclassify lands in excess
Comprehensive Rules on Land Use Conversion provides for effective of the limits set in the next preceding paragraph.
means of evaluating applications for land use conversion by the DAR (c) The local government units shall, in conformity with existing laws,
regional and central offices. continue to prepare their respective comprehensive land use plans
enacted through zoning ordinances which shall be the primary and
Republic Act No. 7160 October 10, 1991 dominant bases for the future use of land resources: Provided. That
Setion 41(b) Amended by RA 8553 the requirements for food production, human settlements, and
Setion 43 Amended by RA 8553 industrial expansion shall be taken into consideration in the
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE preparation of such plans.
OF 1991 (d) Where approval by a national agency is required for
reclassification, such approval shall not be unreasonably withheld.
Section 19. Eminent Domain. - A local government unit may, through Failure to act on a proper and complete application for
its chief executive and acting pursuant to an ordinance, exercise the reclassification within three (3) months from receipt of the same shall
power of eminent domain for public use, or purpose or welfare for the be deemed as approval thereof.
benefit of the poor and the landless, upon payment of just (e) Nothing in this Section shall be construed as repealing,
compensation, pursuant to the provisions of the Constitution and amending, or modifying in any manner the provisions of R.A. No.
pertinent laws: Provided, however, That the power of eminent domain 6657.
may not be exercised unless a valid and definite offer has been