The Agricultural Land Conversion Ban Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES, 25 JUL -7 P1:28 First Regular Session SENATE ------ S. No. _ Introduced by Senator FRANCIS N. PANGILINAN AN ACT PROHIBITING THE CONVERSION OF IRRIGATED AND IRRIGABLE AGRICULTURAL LANDS FOR NON-AGRICULTURAL USES, AMENDING FOR THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 EXPLANATORY NOTE The Philippines, with approximately 9.7 million hectares of agricultural land out of its roughly 30 million total land area, faces an accelerating crisis due to unchecked agricultural land conversion. Rapid urbanization and population growth continue to consume vast tracts of agricuitural lands for subdivisions, commercial centers, and industrial zones, directly threatening food security and the agricultural economy. According to the Department of Agrarian Reform (DAR), a total of 97,592.5 hectares of agricultural land, which is the size of Metro Manila and Cebu City were approved for conversion to non-agricultural purposes from 1988 (when the Comprehensive Agrarian Reform Law took effect) to 2016.2 This figure, however, does not account for pending applications, agricultural land reclassified by local 1 Kabildo, Jinky, et al. (March 1, 2017). Many farms lost to land conversion. Philippine Daily Inquirer. Published on March 1, 2017. Available at https:// newsinfo.inquirer.net/876377/many-farms-lost-to-land-conversion. (Accessed on June 29, 2025).

government units (LGUS), or illegal land conversions, suggesting that actual agricultural land loss is far greater than the reported number of conversions. Regions vital for food production, such as Calabarzon and Central Luzon, bear the brunt of these conversions? , underscoring the severe risk to the nation's food sufficiency and the sustainability of its agricultural sector, as prime agricultural lands are economically vulnerable to non-agricultural development. To protect critical agricultural areas and curb the unbridled agricultural land conversion, this measure seeks to amend Section 20 of Republic Act No. 7160, otherwise known as the Local Government Code. It mandates additional, crucial approvals from the Department of Agriculture (DA), Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), and local government units (LGUs), ensuring a more stringent and coordinated approach to agricultural land conversion applications. In view of the foregoing, the immediate approval of this bill is earnestly sought. - senato 3 Ibid.

TWENTIETH CONGRESS OF THE ) First Regular Session 25 JUL -7 P1:28 RECA SENATE S. No. _ Introduced by Senator FRANCIS N. PANGILINAN AN ACT PROHIBITING THE CONVERSION OF IRRIGATED AND IRRIGABLE AGRICULTURAL LANDS FOR NON-AGRICULTURAL USES, AMENDING FOR THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as " The Agricultural Land Conversion

Ban Act."

Sec. 2. Declaration of Policies.- The conversion of agricultural lands to non-

4 agricultural uses shall be governed by the following policies: 1. The State shall preserve irrigated and irrigable agricultural lands to ensure food security; 2. The State shall ensure that all sectors of the economy and all regions of the country are given optimum opportunity to develop, through the rational and sustainable use of resources peculiar to each area, in order to maximize agricuitural productivity, to promote efficiency and equity, and to accelerate the modernization of the agriculture sector of the country; and 3. Conversion of agricultural lands to non-agricultural uses shall be strictly regulated and may be allowed only when conditions prescribed herein are present and complied with.

Sec. 3. Definition of Terms.- As used in this Act, the following terms are defined

as follows: (a) Agricultural land refers to land devoted to or suitable for the cultivation of the soil, planting of crops, growing trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products and other farm activities and practices performed in conjunction with such farming operations by persons whether natural or juridical and not classified for residential, commercial, industrial or other non-agricultural uses; (b) Irrigable land refers to land displaying marked characteristics justifying the operation of an irrigation system. (c) Irrigated land refers to land serviced by natural irrigation or irrigation facilities. This includes lands where water is not readily available because existing irrigation facilities need rehabilitation or upgrading or where irrigation water is not available year-round. (d) Land use conversion refers to the act or process of changing the current physical use or a piece of agricultural land into some other use other than the cultivation of the soil, planting of crops, growing of trees, including harvesting of produce therefrom, as approved by the Department of Agrarian Reform (DAR).

Sec. 4. Scope of the Agricultural Land Conversion.- All irrigated and irrigable

21 agricultural lands planted but not limited to rice, corn, crops, sugar, coconut, 22 vegetables, and fruit trees blocked and mapped according to standards by the Bureau 23 of Soil and Water Management shall not be converted into non-agricultural uses.

Sec. 5. Amendments to Republic Act No. 7160.- Section 20 of Republic Act 7160,

25 otherwise known as the Local Government Code of 1991 is hereby amended to read as follows: "Sec. 20. Reclassification of Lands. - (a) A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture (DA) [or]; (2) where the land

shall have substantially greater economic value for residential, commercial, or industrial purposes as determined by the sanggunian concerned [:] ; OR (3) WHEN THE LAND IS NOT IRRIGATED OR IRRIGABLE AND NOT INCLUDED AMONG AGRICULTURAL LANDS IDENTIFIED BY ADMINISTRATIVE ORDER (AO) 20, SERIES OF 1992, AS NON- NEGOTIABLE FOR CONVERSION, AS IDENTIFIED BY THE DA: PROVIDED, THAT PRIOR TO THE ENACTMENT OF AN ORDINANCE RECLASSIFYING AGRICULTURAL LANDS, THE SANGGUNIAN CONCERNED MUST FIRST SECURE THE FOLLOWING CERTIFICATES FROM THE NATIONAL GOVERNMENT AGENCIES (NGAS) CONCERNED: (1) A CERTIFICATION FROM THE DA INDICATING: A. THE TOTAL AREA OF EXISTING AGRICULTURAL LAND IN THE LOCAL GOVERNMENT UNIT (LGU) CONCERNED; B. THAT SUCH LANDS ARE NOT INCLUDED AMONG THOSE CLASSIFIED FOR CONVERSION OR RECLASSIFICATION UNDER AO 20, SERIES OF 1992; AND C. THAT THE LAND HAS CEASED TO BE ECONOMICALLY FEASIBLE FOR AGRICULTURAL PURPOSES; (2) A CERTIFICATION FROM THE DAR THAT SUCH LANDS ARE NOT DISTRIBUTED OR PROGRAMMED FOR DISTRIBUTION TO AGRARIAN REFORM BENEFICIARIES; AND (3) A CERTIFICATION FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) INDICATING THAT THE PROPOSED RECLASSIFICATION IS ECOLOGICALLY SOUND. PROVIDED, FURTHER, THAT THE FAILURE OF SAID NGAS TO ACT FOR SUCH ON PROPER AND COMPLETE APPLICATION CERTIFICATIONS WITHIN THREE (3) MONTHS FROM RECEIPT OF THE SAME SHALL BE DEEMED AS APPROVAL THEREOF, AND, Provided, FURTHERMORE, That such reclassification shall be limited to the following

percentage of the existing agricultural area, at the time of the passage of the ordinance: (1) XXX (2) XXX (3) XXX (b) XXX (c) The local government units shall, in conformity with existing laws, continue to prepare their respective comprehensive land use plans enacted through the zoning ordinances which shall be the primary and dominant bases for the future use of land resources: Provided, That SECTION 4 OF THE AGRICULTURAL LAND CONVERSION BAN ACT AND the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of such plans. (d) [When approval by a national agency is required for reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be deemed as approval hereof.] NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REPEALING, AMENDING, OR MODIFYING IN ANY MANNER THE PROVISIONS OF R.A. NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 AND OF R.A. NO. 9700, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM PROGRAM EXTENSION WITH REFORMS."

Sec. 6. Penalties. — Any person found to have violated the provisions of this Act

shall be punished by imprisonment of not less than six (6) years and a fine of not less than One Hundred Fifty Thousand Pesos (P150,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00). If the conversion has been completed or irreversible, the building or infrastructure shall be confiscated by the State. The confiscated property shall be turned over to the local government with jurisdiction for public use or for public auction.

If the violator of this Act is a corporation, partnership, or any other juridical 2 entity, the penal provisions hereof shall be applied to the president or chief executive 3 officer of the corporation, the managing partner in the case of a partnership or the 4 equivalent head in the case of any juridical entity or any other person acting in their 5 behalf. In the case of corporations, the indictment shall include the manager of the 6 department responsible for the construction or conversion. If the violator is a government official, the additional penalty of permanent 8 disqualification from employment in the government or any of its subdivisions, 9 instrumentality, or government-owned or controlled corporations shall be imposed. Any person who evicts a farmer tilling an agricultural land to make it appear that 11 the land has no present tiller or occupant or who changes the crop of the land to make it appear that the land is not devoted to rice, corn and other staple food, shall be 13 punished with an imprisonment of not less than one (1) year but not more than three 14 (3) years.

Sec. 7. Implementing Rules and Regulations. - The DA, in consultation with the

DAR and the DENR, shall formulate the implementing rules and regulations of this Act within ninety (90) days after its approval. Such rules and regulations shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the Philippines.

Sec. 8. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected by such declaration shall remain in 22 full force and effect.

Sec. 9. Repealing Clause. - All laws, decrees, ordinances, rules, regulations,

24 other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,