Fortich vs. Corona, 289 SCRA 624 GR 131457, Apr. 24, 1998

Fact: (only procedural discussion on the rules of Court.)

Issue: Whether the Public Petitioner is required  to obtain the approval of the DAR to convert or reclassify private Petitioners’ property from agricultural to non-agricultural use.

Held: No, the Public Petitioner is need not to obtain approval of the DAR to convert or reclassify private Petitioners’ property from agricultural to non-agricultural use. Specifically, the issue of whether or not the power of the local government units to reclassify lands is subject to the approval of the DAR having been decided by this Court in the case of Province of Camarines Sur, et al. vs. Court of Appeals wherein we held that local government units need not obtain the approval of the DAR to convert or reclassify lands from agricultural to non-agricultural use.

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