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EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) by:
First Regular Session ) Ep
Sy

HOUSE OF REPRESENTATIVES

H.B.No, 4360

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

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

Land and soil resources, particularly those devoted to agricultural uses, are important
resources of the country because they are directly related to food production.’ Of the
Philippines’ land area of roughly 30 million hectares, 12.51 million? are considered
agricultural. Unfortunately, sustainable land use for food production is under threat due to
massive conversion of these lands for non-agricultural uses — a key contributor for food

insecurity and rising costs of basic food commodities in recent years.

‘The rampant conversion of prime agricultural land which is partly propelled by rapid
urbanization and population growth, is a serious threat to the sustainability of a primarily
agricultural economy like that of our country. A number of agricultural lands that are critical
to food production have been transformed into subdir

ions, commercial centers, golf courses
and export processing zones, among others. 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.’ And of the approved conversion

* atonal Statist Coordination Board. (1988) Piipine Aset Accounts: Forest and/Sol, Fishery, Mineral, and Water Resources. Retrieved from

he Worl Bank (2016) ActuroLond (ofan oreo). Retreved from
‘ao, nye. (March, 2017) Many forms ost and conversion Philppine Daly gure. Reteve rom
“nn Linewsno ings net 87 6377/many arms o5 and conversion

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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.‘ Visayas accounted for 7.8 percent and Mindanao,
11.6 percent.’ 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.°
Pending applications for conversion, agricultural land reclassified by local government units
and illegally converted lands are not yet included in the above-cited figures. In 2018, the
Department of Agriculture (DA) showed that approximately 50,000 hectares of prime
agricultural lands are lost to industrial and residential companies every year.’ Consequently,
DAR issued Administrative Order No. 5, s. 2018 authorizing the DAR Secretary or Regional
Director to call for a public consultation before acting on an application for land use

conversion.

It is disheartening that these land conversions caused the displacement of our farmers
and effectively destroyed their livelihood which immensely contributed to the increase of
. It has disrupted the ecological balance of

‘our environment which could impact on local climate change and imminent water crisis.

landlessness and unemployment in the countrysi

Thus, consistent with the policy of promoting food security to ensure the availability,
adequacy and accessibility of food supplies to every Filipino, this bill imposes a ban on
agricultural land conversion on all irrigated and irrigable lands in the country.

This bill seeks to arrest the irresponsible and indiscriminate conversion of irrigated
and irrigable agricultural lands into residential, commercial, industrial and other zones. It also
seeks to amend Section 20 of the Local Government Code by requiring additional approval
from the DA, DAR, Department of Environment and Natural Resources and local
government units before a land conversion application can be granted. Such amendment
would rationalize the land conversion process and uphold the priority of the government to
uphold food security to our people.

Sit.

"The Palppn tar (ay 34, 2028. “DA oss SO hetores on legend conversion “Retrieved rom
tbr hist com snes 2018/05/14/18490/ 68 ose SOhectares ena and-convenion

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In view of the foregoing, the immediate approval



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EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
4360
H. B. No.

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

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. This Act shall be known as 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 poli
1. The State shall preserve the irrigated and irrigable agricultural lands to -promote
food security;
2. The State shall ensure that all sectors of the economy and all regions of the country

ies:

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:

1. 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


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and practices performed in conjunction
whether natural or juridical, and not classified by law as mineral land, forest or

such farming operations by persons

timber, or national park, or classified for residential, commercial, industrial or other
non-agricultural uses;

2. Irrigable land refers to land displaying marked characteristics justifying the
operation of an irrigation system;

3. Irrigated land refers to land serviced by natural irrigation or irrigation facilities.
This includes land where water is not readily available because existing irrigation

facilities need rehabilitation or upgrading or where irrigation water is not available
year-round;

4. Agricultural land use conversion refers to the act or process of changing the current
physical use of 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 Ban. — All irrigated and i
agricultural lands planted, but not limited to rice, corn, 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 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) fer}; (2) where the land
shall have substantially greater economic value for residential, commercial, or
industrial purposes, as determined by the sanggunian concerned [+] ; 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-

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NEGOTIABLE FOR CONVERSION, AS IDENTIFIED BY THE
DEPARTMENT OF AGRICULTURE (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

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

(3)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, [further] FINALLY, That such reclassification shall be limited

to the following percentage of the total existing agricultural area, at the time of

the passage of the ordinance:
“(I)XXX
“(2)XXX
“3)XXX
“(b) X XX."
“(c) The local government units shall, in conformity with ex:

ing laws, continue to

prepare their respective comprehensive land use plans enacted through the zoning

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ordinances which shall be the primary and dominant bases for the future use of
land resources: Provided, That SECTION 4 OF THIS ACT AND the
requirements for food production, human settlements, and industrial expansion
shall be taken into consideration in the preparation of such plans.
“aE ‘ aa. er
be-deemed-as-approval-hereof| 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 1998” 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
Hundred Fifty Thousand Pesos (Php150,000.00) but not more than Three Hundred Thousand
Pesos (Php300,000.00)..

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 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.


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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 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 part, section or provision of this Act is declared
invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected
thereby.

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 at least two (2) newspapers of general circulation or in the Official
Gazette.

Approved,