Fortich v Corona

G.R. No. 131457; April 24, 1998; Other Powers – Reclassification of Lands

FACTS

1. 144-hectare land located at San Vicente, Sumilao, Bukidnon, owned by Norberto Quisumbing, Sr.
Management and Development Corporation (NQSRMDC) was leased to Del Monte as a pineapple
plantation for 10 years.
2. During the existence of the lease DAR placed the entire 144-hectare property under compulsory
acquisition. However, upon NQSRMDC’s action, DARAB ordered DAR to desist from pursuing any
activity or activities concerning the subject land until further orders.
3. Provincial Development Council (PDC) of Bukidnon Resolution No. 6 designating certain areas along
Bukidnon-Sayre Highway as part of the Bukidnon Agro-Industrial Zones where the subject property is
situated.
4. Pursuant to the LGC, Bukidnon’s Sangguniang Bayan enacted Ordinance No. 24 converting or re-
classifying 144 hectares of land in Bgy. San Vicente, said Municipality, from agricultural to
industrial/institutional with a view of providing an opportunity to attract investors who can inject new
economic vitality, provide more jobs and raise the income of its people.
The LGC provides that 4th to 5th class municipalities may authorize the classification of five percent (5%)
of their agricultural land area and provide for the manner of their utilization or disposition.
5. Said ordinance was approved and an instant application for conversion was filed to DAR.
6. Even with the support of various committees and institutions, and the approval given by the people of
the affected barangay during the public consultation, said ordinance Dar denied the application.
7. DAR placed the 144-hectare land under compulsory coverage of CARP and directed the distribution
thereof to all qualified beneficiaries.
8. The Governor of Bukidnon, Fortich, appealed to the Office of the President.
9. The OP through the Executive Secretary issued a decision, March 29,1996, approved the application
for conversion.
10. DAR filed an MR.
11. During the pendency of the case, NQSRMDC found that DAR had caused the cancellation of
NQSRMDC’s title and had it transferred in the name of the Republic. In addition, DAR caused the
issuance of Certificates of Land Ownership Award and had it registered in the name of 137 famer-
beneficiaries.
12. NQSRMDC filed for annulment of said titles and was granted by the RTC a TRO.
13. The OP denied DAR’s MR for having filed out of the reglementary period.
14. DAR filed a second MR.
15. Some alleged farmers challenged the issued TRO,
16. Some alleged farmers began a hunger strike in front of the DAR compound to protest the OP decision.
17. Pres. Ramos held a dialogue with the farmers and created a fact finding task force.
18. The OP resolved the strike by issuing the Win/Win Resolution which modified the March 29th decision
stating that the conversion was approved as to the extent of only 44 hectares while the 100 hectares
will be distributed to qualified farmer-beneficiaries.
19. NQSRMDC filed a petition for certiorari, prohibition and injunction.
20. The April 1998 decision granted the petition and nullified and set aside the Win/Win Resolution on
the procedural grounds.
21. DAR filed an MR which was denied. Yet, DAR filed a second MR.
22. The August 1998 decision denied DAR’s MR.
23. DAR now seeks reversal of the April 1998 decision.

ISSUE

W/N the power of the LGUs to reclassify is subject to the approval of the DAR.

HELD

No. The issue is no longer novel. In the case of Province of Camarines Sur, et al. vs. Court of Appeals the Supreme
Court held that local government units need not obtain the approval of the DAR to convert or reclassify lands from agricultural
to non-agricultural use. The dispositive states:

"WHEREFORE, the petition is GRANTED and the questioned decision of the Court of Appeals is set aside insofar as it (a)
nullifies the trial court's order allowing the Province of Camarines Sur to take possession of private respondent's property; (b)
orders the trial court to suspend the expropriation proceedings; and (c) requires the Province of Camarines Sur to obtain the
approval of the Department of Agrarian Reform to convert or reclassify private respondent's property from agricultural to
non-agricultural use.
"x x x x x x x x x" (Emphasis supplied)