e. Reclassification of Lands

Requisites for Reclassification

• Via ordinance
• After public hearings for the purpose
• Limited to the following percentages:
• 15% for highly urbanized and independent component cities
• 10% for component cities and 1st to 3rd class municipalities
• 5% for 4th to 6th class municipalities

EXCEPTION: The President may, when public interest requires and upon recommendation by the NEDA, authorize reclassification in excess of the limits set herein.

GROUNDS:

• The land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture.
• The land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the Sanggunian concerned.

Only cities and municipalities can reclassify agricultural lands through the proper ordinance after conducting public hearings for the purpose. It cannot be done by mere resolution.

GENERAL RULE: Such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance (15% - 10% - 5%).

EXCEPTIONS:

• Agricultural lands distributed to agrarian reform beneficiaries shall not be affected by the said reclassification.
• The President may, when public interest so requires and upon recommendation of the National Economic and Development Authority, authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding paragraph.

Approval by National Agency

Where 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 3 months from receipt shall be deemed an approval thereof.