Tuesday, March 18, 2025

Religious entities are not exempt from complying with land use conversion laws of the Philippines.

In the Philippines, religious entities are not exempt from complying with land use conversion laws. While there may not be a specific Supreme Court case explicitly stating this requirement, the general legal framework mandates that all organizations, including religious ones, adhere to land use regulations.​

Legal Framework

  • Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988): This law requires that any conversion of agricultural land to non-agricultural uses must receive approval from the Department of Agrarian Reform (DAR). The law does not provide exemptions for religious organizations, implying that they must follow the same procedures as other entities.​

  • Republic Act No. 7160 (Local Government Code of 1991): This code grants local government units (LGUs) the authority to reclassify lands within their jurisdictions. Religious entities must comply with local zoning ordinances and land use plans established by LGUs, as there are no provisions exempting them from these requirements.​

Relevant Jurisprudence

While there may not be a Supreme Court decision specifically addressing the requirement for religious entities to apply for land use conversion, existing jurisprudence indicates that religious organizations are subject to the same land use laws as other entities. For instance, in Republic vs. Iglesia Ni Cristo (G.R. No. L-61145, February 20, 1984), the Supreme Court ruled that the Iglesia Ni Cristo, as a corporation sole, is disqualified from acquiring public lands under the Public Land Law, emphasizing that only Filipino citizens are entitled to apply for registration of public lands, and the Iglesia Ni Cristo does not qualify as a Filipino citizen. ​

This case underscores that religious organizations do not receive special exemptions from land-related regulations and must comply with existing laws and procedures.​

Conclusion

In the absence of explicit exemptions in the law or specific Supreme Court rulings granting such exemptions, religious entities in the Philippines are required to apply for land use conversion when altering the use of land, particularly when converting agricultural land to non-agricultural purposes. Compliance with national laws, such as the Comprehensive Agrarian Reform Law and the Local Government Code, as well as local zoning ordinances, is mandatory for all organizations, including religious ones.

NOTES: The following entities and lands are exempt from land use conversion laws-
Lands classified as non-agricultural before June 15, 1988 (RA 6657)
Lands already reclassified by LGUs (RA 7160)
Government infrastructure projects (RA 6657, Section 65)
Economic zones and freeports (RA 7916, RA 7227)
Military reservations (PD 1096, Presidential Proclamations)
Ancestral domains (RA 8371)
Areas designated as commercial, industrial, or institutional under CLUPs (HLURB/DHSUD)

New: The government may have exemptions or priority status for energy projects under the Renewable Energy Act of 2008 (RA 9513).

LINK: DAR Administrative Order No. 03, Series of 2021 - Streamlining the land use conversion procedures. 

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