Land use conversion exemptions

Here’s a comprehensive list of land and project categories that are exempt from land use conversion requirements in the Philippines, along with their corresponding legal bases:

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

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.