Practice question
A privately owned agricultural parcel covered by the DAR conversion regime is reclassified for commercial use by an LGU in 2024. A purchaser begins commercial development relying solely on the zoning ordinance, arguing that private ownership and local approval eliminate DAR authority. No conversion exemption or conversion approval exists. Under CREBA, what is the correct response?
- The post-1988 reclassification alone does not authorize the change of actual use; the applicable DAR conversion requirements remain
- Every private parcel is categorically outside agrarian conversion law
- The zoning ordinance automatically substitutes for every DAR approval
- Commencing construction creates the missing authority
- Every planning classification conclusively proves valid conversion
Legal references
- Republic Act No. 7160, Local Government Code, Section 20, reclassification of lands: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
- Chamber of Real Estate and Builders Associations, Inc. v. Secretary of Agrarian Reform, G.R. No. 183409, June 18, 2010, main decision, reclassification distinguished from conversion: https://lawphil.net/judjuris/juri2010/jun2010/gr_183409_2010.html
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