Thursday, May 5, 2016

CARP AND ZONING ORDINANCE

LAND ALREADY RE-CLASSIFIED UNDER THE ZONING ORDINANCE IS NOT COVERED BY THE CARP 


“Lands already classified and identified as commercial, industrial or residential before June 15, 1988 -- the date of effectivity of the Comprehensive Agrarian Reform Law (CARL) -- are outside the coverage of this law.  Therefore, they no longer need any conversion clearance from the Department of Agrarian Reform (DAR).” (Junio vs. Garilao, G.R. No. 147146.  July 29, 2005).


                  “Lands previously converted by government agencies, other than DAR, to non-agricultural uses prior to the effectivity of the CARL (Comprehensive Agrarian Reform Law) were outside the coverage of that law.” (Natalia Realty v. Department of Agrarian Reform, 225 SCRA 278, August 12, 1993.


                  “To be exempt from CARP, all that is needed is one valid reclassification of the land from agricultural to non-agricultural by a duly authorized government agency before June 15, 1988, when the CARL took effect.” (Buklod nang Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc. G.R. Nos. 131481 & 131624, March 16, 2011)


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