[DARCO ORDER NO. CON-1106-148. June 13, 2011.

IN RE: APPLICATION FOR LAND USE CONVERSION TO RESIDENTIAL USE

PURSUANT TO DAR ADMINISTRATIVE ORDER NO. 1, SERIES OF 2002,
INVOLVING 3.4945 HECTARES, LOCATED IN BARANGAY GIMALAS AND
GUMAMELA, BALAYAN, BATANGAS

MARILO CORPORATION, represented by MANUEL LUIS H.

LOPEZ, applicant,

ROXACO LAND CORPORATION, developer.

ORDER

For resolution is an Application filed by Marilo Corporation (formerly

Marilo Realty Development Corporation), represented by Manuel Luis H.
Lopez for conversion from agricultural to residential use pursuant to DAR
Administrative Order No. 1, Series of 2002 of 3.4945 hectares of land, located
in Barangay Gimalas and Gumamela, Balayan, Batangas, described as
follows:
Registered Owner

TCT No.

Lot No.

Area (ha) Date Registered

Marilo Realty Dev't.

Corporation

T-101278

1185-A-4

1.4563

14 October 2004

Marilo Realty Dev't.

Corporation

T-102762

1540

0.5725

14 March 2005

Marilo Realty Dev't.

Corporation

T-57133

1509-B

0.2185

24 April 1990

Marilo Realty Dev't.

Corporation

T-118116

1184-A

0.2494

15 Jul. 2009

Marilo Realty Dev't.

Corporation

T-118117

1184-B

0.9978

15 Jul. 2009

Total

3.4945
=====

The area subject of this application is intended as an expansion of a

residential subdivision known as "Orchard" which is adjacent thereto. Said
subdivision is also owned by the applicant and is already fully developed.
In support of the application, the following documents were submitted:
1.

Sworn Application for Land Use Conversion;

2.
Secretary's Certificate appointing the representative in
behalf of the Corporation re: Application for Land Use Conversion
with DAR;
3.
Certified true copies of Transfer Certificates of Title and
corresponding tax declarations of the landholdings;
4.

Copies of the Derivative Titles;

5.
Proof of Financial and Organizational capabilities of the
Developer which includes:
a.
Security and Exchange Commission (SEC)
Registration of the Company;
b.

Balance Sheet;

c.
Auditor's Report on the Financial Standing of the
Company; and
d.
List of projects already developed by the
Corporation;
6.
Project Proposal Estimates and Narrative Study of the
project;
7.
Housing and Land Use Regulatory Board (HLURB)
Certification stating that the landholdings were zoned as built-up
and industrial based on Balayan Zoning Ordinance No. 531(9701) dated 13 January 1997 per SB Res. No. 97-12 and ratified by
the Sangguniang Panlalawigan (SP) under Res. No. 202 dated
02 June 1997;
8.
Department of Agriculture Certification dated 6 Sept. 2010
stating that the landholdings are outside SAFDZ and NPAAAD,
have the lowest productivity in the area (shallow soil), not
irrigated and eligible for reclassification;
9.
Department of Environment and Natural Resources
(DENR) Certification stating that the landholdings are not within
the protected areas under the National Integrated Protected Area
System (NIPAS), not within riverbanks, swamp forest and
marshland and within the Alienable and Disposable lands;

10.
Municipal Agrarian Reform Officer dated 6 July 2010
Certifies that the landholdings are not covered by CARP and PD
27 and the Posting of the Notice of the Application was complied
by the applicant;
11.

Photographs of the properties;

12.

Development Plan of the project;

13.

Lot Plan and vicinity map; and

14.
Copies of receipts of payment of cash bond, filing and
Inspection fees.
The Center for Land Use Policy, Planning and Implementation
(CLUPPI) Inspection Team conducted an ocular inspection on the subject
property on 23 November 2010 and made the following observations:
1.
Subject landholdings are contiguous with flat terrain.
Adjacent to a fully developed residential subdivision (Orchard)
also owned by the applicant. It is also adjacent to the Provincial
Road connecting Calaca and Balayan, Batangas. Approximately
30 old mango trees grow in the area with sporadic shrubs and
ipil-ipil trees;
2.
It is 3 kilometers away from Balayan town proper going to
Calaca, Batangas and is accessible to all types of land
transportation;
3.
The surrounding areas are all residential areas except the
southern side which is still a sugarcane area. No irrigation facility
within and nearby lands and no agricultural activity seen in the
area; and
4.
There is no tenant or presence of occupants and no
protest nor adverse claim against the application as of the time of
inspection.
This application was deliberated upon during the meeting of the
CLUPPI Executive Committee on 16 December 2010. The Executive
Committee noted that the subject lands are located within an area which is
rapidly becoming urbanized. Moreover, the land will have a greater economic
value for residential purposes, it being an expansion of an existing residential
subdivision known as The Orchards of Balayan. In addition, all the documents
submitted conform with the policy guidelines on the application for conversion
pursuant to DAR Administrative Order No. 1, Series of 2002. Hence, the
Committee recommended the approval of the application.

Pursuant to Section 65 of RA No. 6657, as amended, the DAR may

authorize the conversion if the land ceases to be economically feasible and
sound for agricultural purposes, or the locality has become urbanized and the
land will have a greater economic value for residential, commercial or
industrial purposes.
Considering also that the lands have been reclassified as built-up and
industrial in the approved Comprehensive Land Use Plan/Zoning Ordinance
of the Municipality of Balayan, Batangas pursuant to Sangguniang Bayan
(SB) Resolution No. 97-12, Ordinance No. 531(97-01) dated 13 January 1997
and ratified by the Sangguniang Panlalawigan (SP) of the Province of
Batangas under Resolution No. 202 dated 02 June 1997, the conversion of
the subject lands from agricultural to residential use is in order.
WHEREFORE, premises considered, the application for land use
conversion from agricultural to residential use, filed by Marilo Corporation,
represented by Mr. Manuel Luis Lopez, involving five (5) parcels of land, with
an aggregate area of 3.4945 hectares, covered by TCT Nos. T-101278, T102762, T-57133, T-118116 and T-118117, located in Barangay Gimalas and
Gumamela, Balayan, Batangas, is APPROVED, subject to the following
conditions:
1.
No development for conversion is allowed other than for
residential use as authorized in this Order;
2.
Disturbance compensation to affected tenants,
farmworkers, orbonafide occupants, if any, in such amount or
kinds as may be mutually agreed upon and approved by the
DAR, shall be paid within sixty (60) days from the date of receipt
by the applicants of this Order, proof of such payment to be copy
furnished the CLUPPI Secretariat within five (5) days from the
expiration of the aforementioned 60-day period;
3.
The applicant shall indicate in the billboard/s the
conversion order number, date when the conversion order was
approved, and, date when the development permit was granted;
4.
The authorized use shall be annotated on the title of the
properties within sixty (60) days from the date of receipt by the
applicants of this Order, proof of such annotation to be copy
furnished the CLUPPI Secretariat within five (5) days from the
expiration of the aforementioned 60-day period. Conversion of
the subject properties to any other uses shall not be allowed
unless with prior approval of the DAR;
5.
The development of the area approved for conversion
shall commence within one (1) year from the date of receipt by

the applicant of this Order, following its submitted project

implementation schedule, and shall be completed within two (2)
years from such date of receipt by the applicant of this Order;
6.
The performance bond to guarantee the completion of the
project within the stipulated period shall be posted within five (5)
days from the date of receipt by the applicant of this Order
pursuant to Section 26 of the DAR Administrative Order No. 1,
Series of 2002. Failure to develop the area within the stipulated
period in this Order shall result in the FORFEITURE of the
performance bond in favor of the DAR and the CANCELLATION
of this Order;
7.
The landowner or developer shall submit quarterly reports
on the status of development to the DAR Regional Office with
jurisdiction over the subject properties copy furnished the
Provincial Agrarian Reform Office;
8.
The applicant shall allow duly authorized representatives
of the DAR free and unhampered access to the subject
properties for the purposes of monitoring with the terms and
conditions hereof; and
9.
The DAR reserves the right to cancel or withdraw this
Order for misrepresentation of facts integral to its issuance and/or
for violation of the law and applicable rules and regulations on
land use conversion.
SO ORDERED.
Diliman, Quezon City, June 13, 2011.

(SGD.) VIRGILIO R. DE LOS REYES

Secretary