I. Exempt Lands (No DAR Conversion Clearance Required)
1. Lands Already Classified as Non-Agricultural Before June 15, 1988
- If land was zoned as residential, commercial, industrial, or institutional before the effectivity of the Comprehensive Agrarian Reform Law (CARL), it is exempt.
- Legal Basis:
- Section 65, RA 6657 (CARL)
- DAR Administrative Order (AO) No. 1, Series of 2002, Section III(A)
2. Lands Reclassified by LGUs Under RA 7160 (Local Government Code)
- Land reclassified from agricultural to non-agricultural by LGUs, after consultation with DAR and approval by HLURB/DHSUD, is exempt from DAR conversion, provided:
- The reclassification was done within the limits of LGU authority; and
- DAR was notified within 30 days.
- Legal Basis:
- RA 7160, Sections 20 and 447
- DAR AO No. 1, Series of 2002, Section III(C)
II. Exempt Projects (Government or BOT Initiatives)
3. Government Infrastructure Projects
Includes:
- Roads, highways, and irrigation systems
- Public schools, hospitals, and government buildings
- Transmission and communication lines
- Disaster response or resettlement programs
Exempt from conversion if:
- Implemented by a government agency or LGU
- Located on land already acquired or owned by the government
- Legal Basis:
- DAR AO No. 1, Series of 2002, Section III(B)
- DAR Memo Circular No. 7, Series of 201
4. Projects Under the Build-Operate-Transfer (BOT) Law
- Public infrastructure is undertaken by private entities under government partnership programs.
- Includes toll roads, power plants, water systems, etc.
- Legal Basis:
- RA 6957, as amended by RA 7718 (BOT Law)
- DAR Memo Circular No. 18, Series of 1999
III. Other Specific Exemptions
5. Agrarian Reform Beneficiary (ARB) Housing Projects
- ARBs may use awarded lands for housing purposes under DAR guidelines.
- Conversion may not be required if housing supports agrarian reform objectives and gets DAR clearance.
- Legal Basis:
- DAR AO No. 5, Series of 2006
6. Ecozones, Resettlement, and Special Government-Designated Areas
- Areas legally declared as economic zones, resettlement sites, or public development projects under national legislation or executive orders may be exempt.
- Legal Basis:
- Special laws (e.g., PEZA Law – RA 7916), proclamations, and Presidential Decrees
Summary Table of Exemptions and Legal Bases
|
Exempt Category |
Legal Basis |
|
Pre-1988 Non-Agricultural Zoning |
RA 6657 §65; DAR AO 01-2002, Sec. III(A) |
|
LGU Reclassification under RA 7160 |
RA 7160 §§20, 447; DAR AO 01-2002, Sec. III(C) |
|
Government Infrastructure Projects |
DAR AO 01-2002, Sec. III(B); DAR Memo Circular 7-2011 |
|
BOT and PPP Projects |
RA 6957 as amended by RA 7718; DAR Memo Circular 18-1999 |
|
ARB Housing |
DAR AO 05-2006 |
|
Ecozones or Legally Declared Public Projects |
RA 7916 (PEZA Law); other enabling laws or proclamations |
