EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
Senate Bill No. 
256
S ’ll'..-' '
oit ,r?- 
m i
‘19 
JUL-8 P2:15
- - Ci
-------
RECEIVfc!) t
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
PROHIBITING 
THE 
CONVERSION 
OF 
IRRIGATED 
AND 
IRRIGABLE 
AGRICULTURAL LANDS FOR NON-AGRICULTURAL USES, AMENDING FOR 
THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN 
AS THE LOCAL GOVERNMENT CODE OF 1991
EXPLANATORY NOTE
The Philippines has roughly 30 million hectares of land of which 9.7 million are 
considered agricultural.1 Due to rapid urbanization and population growth, there is, 
unfortunately, a massive conversion of agricultural lands to subdivisions, commercial 
centers, golf courses and export processing zones, and other non-agricultural purposes 
that may impede the growth of the Philippine agriculture industry.
According to the Department of Agrarian Reform (DAR), a total of 97,592.5 
hectares of agricultural land — the size of Metro Manila and Cebu City were approved for 
conversion to non-agricultural purposes from 1988 (when the Comprehensive Agrarian 
Reform Law took effect) to 2016.2 Said figures, however, do not include pending 
applications for conversion, agricultural land reclassified by local government units and 
illegally converted lands. Of the approved conversion applications in DAR regional 
offices over the same period, 80.6 percent of the land is in Luzon, with the provinces of 
Cavite, Laguna, Batangas, Rizal and Quezon (Calabarzon) taking up more than a quarter 
of the total.3 Visayas accounted for 7.8 percent and Mindanao, 11.6 percent.4 For the past 
28 years since 1988, DAR regional offices approved a total of 40,308.8 hectares while the 
national office approved 57,283.7 hectares for land conversions.5 Since Calabarzon and 
Central Luzon are producers of big volumes of palay and other crops, these conversions 
seriously threatens food sufficiency and the sustainability of our agricultural economy.
"Because agriculture is almost always the least favored option when compared 
economically with major land developments, prime agricultural lands are very much
1 
Kabildo, Jinky, et al. (March 1, 2017). Many farms lost to land conversion. Philippine Daily Inquirer. 
Available at https:/ / newsinfo.inquirer.net/876377/many-farms-lost-to-land-conversion. Accessed 
on 20 June 2019.
2 
Ibid.
3 
Ibid.
* 
Ibid.
5 
Ibid.


prone to agricultural land use conversion."6 This measure seeks to protect irrigated and 
irrigable agricultural lands by curbing their unbridled conversion to residential, 
commercial, industrial and other non-agricultural purposes. It amends Section 20 of 
Republic Act No. 7160, otherwise known as the Local Government Code by requiring 
additional approval from the Department of Agriculture, Department of Agrarian 
Reform, Department of Environment and Natural Resources and local government units 
before a land conversion application can be granted.
In view of the foregoing, the immediate approval of this bill is earnestly sought.
FRANCIS^NsPANGILINAN
Senate Economic Planning Office. National Land Use Policy: Protecting Prime Agricultural Lands. 
Available 
at
https://www.senate.gov.ph/publications/SEPO/PB prime%20agri%20Iands final.pdf. Accessed 
on 20 June 2019.


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
Senate Bill No. _ 256
'•:.t 
■' ifillltl' of r;c i". • fi »;•
•19 JUL-8 P2--15
RECEIVED tV:
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
PROHIBITING 
THE 
CONVERSION 
OF 
IRRIGATED 
AND 
IRRIGABLE 
AGRICULTURAL LANDS FOR NON-AGRICULTURAL USES, AMENDING FOR 
THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN 
AS THE LOCAL GOVERNMENT CODE OF 1991
Be it enacted by the Senate and the House ofRepresentatwes of the Philippines in Congress 
assembled:
1 
SECTION 1. Title. - This Act shall be known as "The Agricultural Land Conversion
2 
Ban Act."
3 
SEC. 2. Declaration of Policies. - The conversion of agricultural lands to non-
4 
agricultural uses shall be governed by the following policies:
5 
1. The State shall preserve irrigated and irrigable agricultural lands to ensure food
6 
security;
7 
2. The State shall ensure that all sectors of the economy and all regions of the country
8 
are given optimum opportunity to develop, through the rational and sustainable
9 
use of resources peculiar to each area, in order to maximize agricultural
10 
productivity, to promote efficiency and equity, and to accelerate the
11 
modernization of the agriculture sector of the country; and
12 
3. Conversion of agricultural lands to non-agricultural uses shall be strictly
13 
regulated and may be allowed only when conditions prescribed herein are present
14 
and complied with.


1 
SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined
2 
as follows:
3 
1. Agricultural land refers to land devoted to or suitable for the cultivation of the soil,
4 
planting of crops, growing trees, raising of livestock, poultry, fish or aquaculture
5 
production, including the harvesting of such farm products and other farm
6 
activities and practices performed in conjunction with such farming operations by
7 
persons whether natural or juridical and not classified for residential, commercial,
8 
industrial or other non-agricultural uses;
9 
2. Irrigable land refers to land displaying marked characteristics justifying the
10 
operation of an irrigation system.
11 
3. Irrigated land refers to land serviced by natural irrigation or irrigation facilities.
12 
This includes lands where water is not readily available because existing irrigation
13 
facilities need rehabilitation or upgrading or where irrigation water is not available
14 
year-round.
15 
4. Land use conversion refers to the act or process of changing the current physical
16 
use or a piece of agricultural land into some other use other than the cultivation of
17 
the soil, planting of crops, growing of trees, including harvesting of produce
18 
therefrom, as approved by the Department of Agrarian Reform (DAR).
19 
SEC. 4. Scope of the Agricultural Land Conversion. - All irrigated and irrigable
20 
agricultural lands planted but not limited to rice, corn, crops, sugar, coconut, vegetables,
21 
and fruit trees blocked and mapped according to standards by the Bureau of Soil and
22 
Water Management shall not be converted into non-agricultural uses.
23 
SEC. 5. Amendments to Republic Act No. 7160. - Section 20 of Republic Act 7160,
24 
otherwise known as the Local Government Code of 1991 is hereby amended to read as
25 
follows:


1 
"Sec. 20. Reclassification of Lands. - (a) A city or municipality may, through an
2 
ordinance passed by the sanggimian after conducting public hearings for the
3 
purpose, authorize the reclassification of agricultural lands and provide for the
4 
manner of their utilization or disposition in the following cases: (1) when the land
5 
ceases to be economically feasible and sound for agricultural purposes as
6 
determined by the Department of Agriculture (DA) [or]; (2) where the land shall
7 
have substantially greater economic value for residential, commercial, or
8 
industrial purposes as determined by the snnggunian concerned [:] ; OR (3)
9 
WHEN THE LAND IS NOT IRRIGATED OR IRRIGABLE AND NOT
10 
INCLUDED 
AMONG 
AGRICULTURAL LANDS IDENTIFIED BY
11 
ADMINISTRATIVE ORDER (AO) 20, SERIES OF 1992, AS NON-
12 
NEGOTIABLE FOR CONVERSION, AS IDENTIFIED BY THE DA:
13 
PROVIDED, THAT PRIOR TO THE ENACTMENT OF AN ORDINANCE
14 
RECLASSIFYING 
AGRICULTURAL 
LANDS, 
THE 
SANGGUNIAN
15 
CONCERNED MUST FIRST SECURE THE FOLLOWING CERTIFICATES
16 
FROM 
THE 
NATIONAL 
GOVERNMENT 
AGENCIES 
(NGAS)
17 
CONCERNED:
18 
(1) A CERTIFICATION FROM THE DA INDICATING:
19 
A. 
THE TOTAL AREA OF EXISTING AGRICULTURAL LAND IN
20 
THE LOCAL GOVERNMENT UNIT (LGU) CONCERNED;
21 
B. 
THAT SUCH LANDS ARE NOT INCLUDED AMONG THOSE
22 
CLASSIFIED FOR CONVERSION OR RECLASSIFICATION UNDER AO
23 
20, SERIES OF 1992; AND
24 
C. 
THAT THE LAND HAS CEASED TO BE ECONOMICALLY
25 
FEASIBLE FOR AGRICULTURAL PURPOSES;


1 
(2) A CERTIFICATION FROM THE DAR THAT SUCH LANDS ARE NOT
2 
DISTRIBUTED OR PROGRAMMED FOR DISTRIBUTION TO AGRARIAN
3 
REFORM BENEFICIARIES; AND
4 
(3) A CERTIFICATION FROM THE DEPARTMENT OF ENVIRONMENT
5 
AND 
NATURAL 
RESOURCES 
(DENR) 
INDICATING THAT THE
6 
PROPOSED RECLASSIFICATION IS ECOLOGICALLY SOUND.
7 
PROVIDED, FURTHER, THAT THE FAILURE OF SAID NGAS TO ACT ON
8 
PROPER AND COMPLETE APPLICATION FOR SUCH CERTIFICATIONS
9 
WITHIN THREE (3) MONTHS FROM RECEIPT OF THE SAME SHALL BE
10 
DEEMED AS APPROVAL THEREOF, AND, Provided, FURTHERMORE, That
11 
such reclassification shall be limited to the following percentage of the existing
12 
agricultural area, at the time of the passage of the ordinance:
13 
(1) X X X
14 
(2) X X X
15 
(3) X X X
16 
(b) X X X
17 
(c) The local government units shall, in conformity with existing laws, continue
18 
to prepare their respective comprehensive land use plans enacted through the
19 
zoning ordinances which shall be the primary and dominant bases for the future
20 
use of land resources: Provided, That SECTION 4 OF THE AGRICULTURAL
21 
LAND CONVERSION BAN ACT AND the requirements for food production,
22 
human settlements, and industrial expansion shall be taken into consideration in
23 
the preparation of such plans.
24 
(d) [When approval by a national agency is required for reclassification, such
25 
approval shall not be unreasonably withheld. Failure to act on a proper and
26 
complete application for reclassification within three (3) months from receipt of
27 
the same shall be deemed as approval hereof.] NOTHING IN THIS SECTION


1 
SHALL BE CONSTRUED AS REPEALING, AMENDING, OR MODIFYING
2 
IN ANY MANNER THE PROVISIONS OF R.A. NO. 6657, OTHERWISE
3 
KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
4 
AND OF R.A. NO. 9700, OTHERWISE KNOWN AS THE COMPREHENSIVE
5 
AGRARIAN REFORM PROGRAM EXTENSION WITH REFORMS.
6 
SEC. 6. Penalties. - Any person found to have violated the provisions of this Act
7 
shall be punished by imprisonment of not less than six (6) years and a fine of not less than
8 
One Hundred Fifty Thousand Pesos (PI50,000.00) but not more than Three Hundred
9 
Thousand Pesos (P300,000.00).
10 
If the conversion has been completed or irreversible, the building or infrastructure
11 
shall be confiscated by the State. The confiscated property shall be turned over to the local
12 
government with jurisdiction for public use or for public auction.
13 
If the violator of this Act is a corporation, partnership, or any other juridical entity,
14 
the penal provisions hereof shall be applied to the president or chief executive officer of
15 
the corporation, the managing partner in the case of a partnership or the equivalent head
16 
in the case of any juridical entity or any other person acting in their behalf. In the case of
17 
corporations, the indictment shall include the manager of the department responsible for
18 
the construction or conversion.
19 
If the violator is a government official, the additional penalty of permanent
20 
disqualification from employment in the government or any of its subdivisions,
21 
instrumentality, or government-owned or controlled corporations shall be imposed.
22 
Any person who evicts a farmer tilling an agricultural land to make it appear that
23 
the land has no present tiller or occupant or who changes the crop of the land to make it
24 
appear that the land is not devoted to rice, corn and other staple food, shall be punished
25 
with an imprisonment of not less than one (1) year but not more than three (3) years.
26 
SEC. 7. Implementing Rules and Regulations. - The DA, in consultation with the
27 
DAR and the DENR, shall formulate the implementing rules and regulations of this Act


1 
within ninety (90) days after its approval. Such rules and regulations shall take effect
2 
fifteen (15) days after its publication in a newspaper of general circulation in the
3 
Philippines.
4 
SEC. 8. Separability Clause. - If any provision of this Act is declared invalid or
5 
unconstitutional, the other provisions not affected by such declaration shall remain in full
6 
force and effect.
7 
SEC. 9. Repealing Clause. - All laws, decrees, ordinances, rules, regulations, other
8 
issuances or parts thereof which are inconsistent with this Act are hereby repealed or
9 
modified accordingly.
10 
SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
11 
complete publication in the Official Gazette or in at least two (2) newspapers of general
12 
circulation.
Approved,