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Republic of the Philippines
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HOUSE BILL No, 3408 QINDEX

Introduced by REP. NATHANIEL “Atty. Nat” M. ODUCADO

EXPLANATORY NOTE

The Philippines is facing an ongoing concern over the continued conversion of
agricultural lands, particularly those classified as irrigable. The shift in land use of irrigable
lands for non-agricultural activities is threatening the country’s food security. Republic Act
7160 protects these agricultural lands and prohibit the use of these lands for non-agricultural
purposes such as urban expansion, industrial projects, infrastructure projects, real estate and
other threats.

In 2018, the Philippines’ irrigated area is at 61.39% which is 1.92 million hectares in
total. These irrigated lands must be used for sustainable purposes because these lands are
essential for national agricultural productivity. According to the Department of Agrarian
Reform (DAR), agricultural land loss was at 47,000 hectares from 1988 to 2020. These lands
were used for non-agricultural purposes. Similarly, the Philippine Institute for Development
Studies (PIDS) showed that around 33% of irrigated lands were converted for urban
development. Without reinforced legal protection, the remaining irrigable lands will remain
vulnerable to commercial interests and urban expansion that could place national food security
at risk.

This bill amends Section 20 of Republic Act No. 7160, or the Local Government Code
of 1991, to introduce stricter requirements for land reclassification. It aims to strengthen
protection of vital food producing areas, this measure contributes to long term national food
security as well as domestic agricultural sustainability. Furthermore, it intends to meet the food
demands in the future of the growing population in the Philippines.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

ODUCADO

' Philippine Statistics Authority (2019) 2019 Selected Statistics on Agricuture.
bttps://psa. gov ph/systenviiles/main-
publication/Selected%2520Statistics%25200n%2520A griculture%252020 19.pdf (last accessed August 6, 2025)
2 Senate of the Philippines (2023) An Act Mandating The Preservation And Protection Of Agricultural Lands in
the Philippines, And For Other Purposes. Available at https://web.senate.gov. ph/lisdata/4150537792!.pdf (last
accessed August 6, 2025)


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 3403

Introduced by REP. NATHANIEL “ATTY. NAT” M. ODUCADO

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 House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “The Agricultural Land
Conversion Ban Act.”

SEC. 2, Declaration of Policies. — The conversion of agricultural lands to non-
agricultural uses shall be governed by the following policies:

1. The State shall preserve irrigated and irrigable agricultural lands to ensure food
security;

2. The State shall ensure that all sectors of the economy and all regions of the country
are given optimum opportunity to develop, through the rational and sustainable use
of resources peculiar to each area, in order to maximize agricultural productivity, to
promote efficiency and equity, and to accelerate the modernization of the agriculture
sector of the country; and

3. Conversion of agricultural lands to non-agricultural uses shall be strictly regulated and
may be allowed only when conditions prescribed herein are present and complied
with,

SEC. 3. Definition of Terms. As used in this Act, the following terms are defined as
follows:

(a) Agricultural land refers to land devoted to or suitable for the cultivation of the
soil, planting of crops, growing trees, raising of livestock, poultry, fish or
aquaculture production, including the harvesting of such farm products and
other farm activities and practices performed in conjunction with such farming
operations by persons whether natural or juridical and not classified for
residential, commercial, industrial or other non-agricultural uses;


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(b) Irrigable land refers to land displaying marked characteristics justifying the
operation of an irrigation system.

(©) Inrigated land refers to land serviced by natural irrigation or irrigation facilities.
This includes lands where water is not readily available because existing
irrigation facilities need rehabilitation or upgrading or where irrigation water
is not available year-round.

(d) Land use conversion refers to the act or process of changing the current
physical use or a piece of agricultural land into some other use other than the
cultivation of the soil, planting of crops, growing of trees, including harvesting
of produce therefrom, as approved by the Department of Agrarian Reform
(DAR).

SEC. 4. Scope of the Agricultural Land Conversion.~ All irrigated and irrigable
agricultural lands planted but not limited to rice, com, crops, sugar, coconut, vegetables, and
fruit trees blocked and mapped according to standards by the Bureau of Soil and Water
Management shall not be converted into non-agricultural uses.

SEC. 5. Amendments to Republic Act No. 7160. Section 20 of Republic Act 7160,
otherwise known as the Local Government Code of 1991 is hereby amended to read as follows:

“Sec. 20, Reclassification of Lands. - (a) 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 (DA) [er]; (2) where the land shall
have substantially greater economic value for residential, commercial, or industrial
purposes as determined by the sanggunian concerned {t] ; OR (3) WHEN THE
LAND IS NOT IRRIGATED OR IRRIGABLE AND NOT INCLUDED
AMONG AGRICULTURAL LANDS IDENTIFIED BY
ADMINISTRATIVE ORDER (AO) 20, SERIES OF 1992, AS NON-
NEGOTIABLE FOR CONVERSION, AS IDENTIFIED BY THE DA:
PROVIDED, THAT PRIOR TO THE ENACTMENT OF AN ORDINANCE
RECLASSIFYING AGRICULTURAL LANDS, THE SANGGUNIAN
CONCERNED MUST FIRST SECURE THE FOLLOWING
CERTIFICATES FROM THE NATIONAL GOVERNMENT AGENCIES
(NGAS) CONCERNED:

(1) A CERTIFICATION FROM THE DA INDICATING:
A. THE TOTAL AREA OF EXISTING AGRICULTURAL LAND
IN THE LOCAL GOVERNMENT UNIT (LGU) CONCERNED;
B. THAT SUCH LANDS ARE NOT INCLUDED AMONG THOSE
CLASSIFIED FOR CONVERSION OR RECLASSIFICATION
UNDER AO 20, SERIES OF 1992; AND


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C. THAT THE LAND HAS CEASED TO BE ECONOMICALLY
FEASIBLE FOR AGRICULTURAL PURPOSES;

(2) A CERTIFICATION FROM THE DAR THAT SUCH LANDS ARE
NOT DISTRIBUTED OR PROGRAMMED FOR DISTRIBUTION
TO AGRARIAN REFORM BENEFICIARIES; AND

(@)A CERTIFICATION FROM THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR)
INDICATING THAT THE PROPOSED RECLASSIFICATION IS
ECOLOGICALLY SOUND.

PROVIDED, FURTHER, THAT THE FAILURE OF SAID NGAS
TO ACT ON PROPER AND COMPLETE APPLICATION FOR
SUCH CERTIFICATIONS WITHIN THREE (3) MONTHS FROM
RECEIPT OF THE SAME SHALL BE DEEMED AS APPROVAL
THEREOF, AND, Provided, FURTHERMORE, That such
reclassification shall be limited to the 3 following percentage of the
existing agricultural area, at the time of the passage of the ordinance:

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(b) xxx
(c) The local government units shall, in conformity with existing
laws, continue to prepare their respective comprehensive land use
plans enacted through the zoning ordinances which shall be the
primary and dominant bases for the future use of land resources:
Provided, That SECTION 4 OF THE AGRICULTURAL LAND
CONVERSION BAN ACT AND the requirements for food
production, human settlements, and industrial expansion shall be
taken into consideration in the preparation of such plans, (d) [When

hereef}—NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS REPEALING, AMENDING, OR
MODIFYING IN ANY MANNER THE PROVISIONS OF R.A.
NO. 6657, OTHERWISE KNOWN AS THE
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
AND OF R.A. NO. 9700, OTHERWISE KNOWN AS THE
COMPREHENSIVE AGRARIAN REFORM PROGRAM
EXTENSION WITH REFORMS.”

SEC. 6. Penalties. — Any person found to have violated the provisions of this Act shall
be punished by imprisonment of not less than six (6) years and a fine of not less than One


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Hundred Fifty Thousand Pesos (P150,000.00) but not more than Three Hundred Thousand
Pesos (P300,000.00).

If the conversion has been completed or irreversible, the building or
infrastructure shall be confiscated by the State. The confiscated property shall be turned
over to the local government with jurisdiction for public use or for public auction.

If the violator of this Act is a corporation, partnership, or any other juridical
entity, the penal provisions hereof shall be applied to the president or chief executive
officer of the corporation, the managing partner in the case of a partnership or the
equivalent head in the case of any juridical entity or any other person acting in their
behalf. In the case of corporations, the indictment shall include the manager of the
department responsible for the construction or conversion.

If the violator is a government official, the additional penalty of permanent
disqualification from employment in the government or any of its subdivisions,
instrumentality, or government-owned or controlled corporations shall be imposed.

Any person who evicts a farmer tilling an agricultural land to make it appear that
the land has no present tiller or occupant or who changes the crop of the land to make it
appear that the land is not devoted to rice, com and other staple food, shall be punished
with an imprisonment of not less than one (1) year but not more than three (3) years.

SEC. 7. Implementing Rules and Regulations. —The DA, in consultation with the DAR
and the DENR, shall formulate the implementing rules and regulations of this Act within ninety
(90) days after its approval. Such rules and regulations shall take effect fifteen (15) days after
its publication in a newspaper of general circulation in the Philippines.

SEC. 8. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full force
and effect.

SEC. 9. Repealing Clause. — All laws, decrees, ordinances, rules, regulations, other
issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 10. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,