Section 20 of RA 7160 (The Local Government Code of 1991)

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 or (2) where the land shall have substantially greater economic value
for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That such
reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage
of the ordinance:
(1) For highly urbanized and independent component cities, fifteen percent (15%);
(2) For component cities and first to the third class municipalities, ten percent (10%); and
(3) For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to
agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657).
otherwise known as "The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the
conversion of such lands into other purposes shall be governed by Section 65 of said Act.

MC 54 s. 1993
Section 1. Scope of Limitations
(a) Cities and municipalities with comprehensive land use plans reviewed and approved in accordance with EO 72
(1993), may authorize the reclassification of agricultural lands into non-agricultural uses and provide for the manner of
their utilization or disposition, subject to the limitations and other conditions prescribed in this Order.
(b) Agricultural lands may be classified 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), in accordance with the standards and guidelines prescribed for the purpose; or
(2) where the land shall have substantially greater economic value for residential, commercial, or industrial purposes
as determined by the sanggunian concerned, the city/municipality concerned should notify the DA, HLRB, DTI, DOT
and other concerned agencies on the proposed reclassification of agricultural lands furnishing them copies of the report
of the local development council including the draft ordinance on the matter for their comments, proposals and
recommendations within seven (7) days upon receipt.
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(d) In addition, the following types of agricultural lands shall not be covered by the said reclassification:
(1) Agricultural lands distributed to agrarian reform beneficiaries subject to Section 65 of RA 6657;
(2) Agricultural lands already issued a notice of coverage or voluntarily offered for coverage under CARP;
(3) Agricultural lands identified under AO 20, s. of 1992, as non-negotiable for conversion as follows:
(i) All irrigated lands where water is available to support rice and other crop production;
(ii) All irrigated lands where water is not available for rice and other crop production but within areas programmed
for irrigation facility rehabilitation by DA and National Irrigation Administration (NIA); and
(iii) All irrigable lands already covered by irrigation projects with firm funding commitments at the time of the
application for land conversion or reclassification.
MC 54 s. 1993
Section 2. Requirements and Procedures for Reclassification
(a) The city or municipal development council (CDC/MDC) shall recommend to the sangguniang panlungsod or
sangguniang bayan, as the case may be, the reclassification of agricultural lands within its jurisdiction based on the
requirements of local development.
(b) Prior to the enactment of an ordinance reclassifying agricultural lands as provided under Sec. 1 hereof, the
sanggunian concerned must first secure the following certificates from the concerned national government
agencies (NGAs):
(1) A certification from DA indicating —
(i) the total area of existing agricultural lands in the LGU concerned;
(ii) that such lands are not classified as non-negotiable for
conversion or reclassification under AO 20 (1992); and
(iii) that the land ceases to be economically feasible and sound for agricultural purposes in the case of
Sec. 1 (b-1).

JMC s.1995 (HLRB, DAR, DA, DILG)

Section 3. Rationale for Reclassification
LGU's may apply for reclassification of agricultural lands for any of the following reasons:
3.1 In view of their requirement for additional areas for urban expansion and human settlements to
accommodate the current and projected increase in population and socio-economic activities;
3.2 If actual urban growth and expansion has veered from the approved land use plan thereby requiring the
need to reclassify lands along the actual direction of development;
3.3 Significant National Projects as certified by NEDA require areas not previously covered in the land use
plan.
Section 5. Requirements For Reclassification
h. DA Certifications
h.1 Certification from the Department of Agriculture’s Regional Land Use Technical Working Group and the Regional
Director;
h.1.1 the total area of existing agricultural lands in LGU concerned based on the approved
Comprehensive Land Use Plan/ZO prior to this application for reclassification;
h.1.2 that such lands are not classified as non-negotiable for conversion or
reclassification under AO 20 (1992); or
h.1.3 that the land ceases to be economically feasible and sound for
agricultural purposes (optional if 5.1.c has been complied with)
[5.1 The local government unit (LGU's) through the City Development Council (CDC) of the Municipal Development
Council (MDC) as the case maybe shall submit to the HLRB the proposal for reclassification together with the following
requirements:
c. SB/SP resolution proposing reclassification and stating that the locality has become highly urbanized and the land
will have a greater economic value for residential, commercial or industrial purposes.]
AO No. 20 s. 1992 (Office of the President)
Interim Guidelines on Land Use Conversion
1. All agricultural lands classified hereunder shall not be subject to and non-negotiable for conversion:
(a) All irrigated lands where water is available to support rice and other crop production, and all irrigated
lands where water is not available for rice and other crop production but are within areas programmed for
irrigation facility rehabilitation by the Department of Agriculture (DA) and National Irrigation Administration (NIA); and
(b) All irrigable lands already covered by irrigation projects with firm funding commitments at the time of the
application for land use conversion.
2. All agricultural lands other than those referred hereunder as non-negotiable for conversion may be converted only
upon strict compliance with existing laws, rules and regulations.
Further, Section 22 of RA 9700 provides “that irrigated and irrigable lands, shall not be subject to conversion".

Don’t you think the wanton disregard of rules/laws intended to protect our agricultural lands is quite
alarming?
Why are people bold enough and defiant? (Ignorance, Lax implementation, Farming is less appealing now)

Do we have agricultural lands that are on the brink of collapse?

What is the real picture of our agricultural landscape?

Is right to claim that we have much idle lands that are not optimized while our prime agricultural lands
underutilized?
Do we have data to support such claim?

With our growing population, do we have enough food in the future? (Food Security/Sustainability vis-à-vis
Food Safety)
Is it not ironic to claim that we are an agricultural country yet we still need to import rice, our staple food?
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- Use a bottom-up self-reliant farm system approach that will emphasize social justice, equity,
productivity and sustainability in the use of agricultural resources. - Section 2, Executive Order
No. 292 or Administrative Code of 1987
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LGC > MC 54 > JMC > MC 26

Other laws/issuances related to this Memorandum Circular:
Administrative Order No. 20, Series of 1992 (Office of the President) – Interim Guidelines on Agricultural
Land Use Conversion (agricultural lands non-negotiable for conversion)
Memorandum Circular No. 54, Series of 1993 (Office of the President) – (2 instances: land ceases to be
economically feasible and sound for agricultural purposes as determined by the DA, in accordance with the
standards and guidelines prescribed for the purpose OR; land shall have substantially greater economic value
for residential, commercial or industrial purposes as determined by the sanggunian concerned, the
city/municipality shall notify DA, HLRB, DTI, DOT, and other concerned agencies of the proposed
reclassification, with report of the local development council, including the draft ordinance for the purpose,
for comments, (counter-)proposals, recommendations.
Administrative Order No. 18, Series of 2020 (signed by DA Secretary on May 18, 2020) – Guidelines on the
Issuance of Certificate of Eligibility for Conversion of Agricultural Lands
Administrative Order No. 30, Series of 2020 (signed by DA Secretary on Oct 7, 2020) – Revocation of AO 18, S.
2020. Effectively abolishing the National Technical Evaluation Committee on Land Use Matters (NTECLUM) and
the Regional Technical Evaluation Committee on Land Use Matters (RTECLUM)
RA 6657 - Comprehensive Agrarian Reform Law of 1988
RA 8435 - Agriculture and Fisheries Modernization Act of 1997
RA 9700 – An Act Strengthening CARP

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The Local Government Unit’s authority to reclassify agricultural lands into other uses is NOT
ABSOLUTE, such power is LIMITED and subject to other existing laws, rules and regulations.
For proper interpretation, Sec 20 must be construed in light of other pertinent laws and
issuances.
_________________________________
Consider the NPAAAD and SAFDZ maps in the preparation of CLUP as well as for applications
for land use reclassifications.
Municipal Agriculturist must be made aware that it is the DA that issues the required
Certificate of Land Use Reclassification.
Sangguniang Panlungsod and Sangguniang Bayan of LGUs need to legislate the proper and
timely ordinance taking into account the legal effect of MC 26.
The Sangguniang Panlalawigan (SP) through the Provincial Land Use Committee (PLUC)
REVIEWS, AUTHENTICATES, and APPROVES CLUP/ZO of LGUs.
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The SAFDZ’s are prime agricultural lands that are actively used for agricultural and fishery production whose
support facilities are available and strategically located to warrant full modernization of agriculture.
All applications that fall under SAFDZ or Prime Agricultural Land must no longer be endorsed to the RLUTWG.