CASE DIGEST: Roxas & Company Inc. v. DAMBA-NSFW

 

ROXAS & COMPANY, INC. V. DAMBA – NSFW
G.R No. 149548 December 4, 2009

FACTS:

Roxas & Co. filed its application for conversion of its 3 haciendas from agricultural to non-agricultural on the assumption that the issuance of PP 1520 which declared Nasugbu, Batangas as a tourism zone, reclassified them to non-agricultural uses. Notwithstanding its pending application, the DAR issued Certificates of Land Ownership Award to the farmer-beneficiaries in the 3 haciendas.

ISSUE:

Whether or not PP 1520 automatically converted the agricultural lands in Nasugbu to non-agricultural lands

RULING:

Presidential Proclamation No. 1520 did not automatically convert the agricultural lands in the 3 municipalities, including Nasugbu, to non-agricultural lands. PP 1520 merely recognized the “potential tourism value” of certain areas within the general area declared as tourism zones. A proclamation that merely recognizes the potential tourism value of certain areas within the general area declared as tourist zone clearly does not allocate, reserve, non-agricultural purposes. Neither does said proclamation  direct that otherwise CARPable lands within the zone shall already be used for purposes other than agriculture.