FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
,~elitltl' 
(~fh,. of t~,.;i>mrt.,y 
First Regular Session 
) 
'11 
JANZ4 P4:07 
SENATE 
S. No. 264 'i 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the case of Fortich v. Corona, I the Supreme ,Court ruled that local government units 
(LGUs) do not need the prior approval of the Department of Agrarian Reform (DAR) to 
reclassify lands from agricultural to non-agricultural use. However, the law also provides that the 
power of LGUs to reclassify lands shall not affect agricultural lands distributed to agrarian 
reform beneficiaries.2 In the recent case of CREBA v. Secretary of Agrarian Reform, J the 
Supreme Court upheld the power of the Secretary of Agrarian Reform to ban the conversion of 
lands into commercial use. 
Section 20 of the Local Government Code vests on the LGU the authority to approve 
, 
land reclassification, which is a pre-requisite to conversion. In order to prevent misunderstanding 
between LGU and the DAR, the local Sanggunian must be guided by correct information from 
both the Department of Agriculture (DA) and the DAR. on the land subject to a reclassification 
proceeding. 
This bill seeks to amend section 20 of the Local Govermnent Code by requiring the 
certification of both the DA and the DAR before a land reclassification application can be 
granted. Such amendment rationalizes the land conversion application process and upholds the 
priority of the National Government to provide food security to our people.4 
4 
298 SCRA 678 (1998). 
Local Government Code, Sec. 20 (a). 
G.R. No. 183409, 18 June 2010. 
This bill is the counterpart bill of Rouse Bill No. 3S by Rep. Rodolfo W. Antonino. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENbIE 
S.No. 
~o~7 
Introduced by Senator Miriam Defensor Santiago 
,emdE' 
(!iff". of IIle,'r""br~ 
'11 
JAN24 P4:07 
1 
AN ACT 
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TO PROTECT ALL AGRICULTURAL LANDS FROM INDISCRIMINATE LAND 
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CONVERSION, AMENDING SECTION 20 OF REPUBLIC ACT NO. 7160, OTHERWISE 
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KNOWN AS LOCAL GOVERNMENT CODE, FOR THIS PURPOSE 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. 
Short Title. - This Act shall be known as the "Land Reclassification 
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Diligence Act of 20 11." 
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SECTION 2. Amendments to Republic Act No. 7160. - Section 20 of Republic Act No . 
• 
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7160, otherwise known as the Local Government Code, is hereby amended to read as follows: 
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SEC. 20. Reclassification of Lands. - (a) A city or municipality may, through an 
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ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize 
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the reclassification of agricultural lands and provide for the manner of their utilization or 
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disposition in the following cases: (1) when the land reases to be economically feasible and 
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sound for agricultural purposes as certified by the Department of Agriculture AND; (2) WHEN 
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THE LAND IS NOT IDENTIFIED AS SUBJECT TO AGRARIAN REFORM OR HAS BEEN 
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DISTRIBUTED TO AGRARIAN REFORM BENEFICIARIES AS CERTIFIED TO BY THE 
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DEPARTMENT OF AGRARIAN REFORM; Provided, That such reclassification shall be 
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limited to the following percentage of the total agricultural land area at the time of the passage of 
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the ordinance: 
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(1) 
(2) 
For highly urbanized and independent corhponent cities, fifteen percent (15%); 
For component cities and first to third class municipalities, ten percent (10%); 
and 
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(3) 
For fOU1ih to sixth class municipalities, five percent (5%): Provided, further, That 
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agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic 
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Act Numbered Sixty-six hundred fifty-se)len (R.A. No. 6657), otherwise known 
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as "The Comprehensive Agrarian Reform Law," shall not be affected by the said 
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reclassification and the conversion of such lands into other purposes shall be 
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governed by Section 65 of said Act. 
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SECTION 3. Repealing Clause. - All laws, decr~es, orders, rules and regulations or parts 
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thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
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accordingly. 
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SECTION 4. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
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following its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
/apmjO 11211 
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