OBSERVATION AND COMMENTS:

On the title: adopt in toto

On the Contents:

The first whereas clause….

- Application for development permit in accordance with Section 14 of BP 220

- DOE does not require development permit in putting up a gasoline station
- Development permit guidelines: there must be development areas designated first
- Pdf development of housing… - The Housing and Land Use and Land Use Regulatory Board
(HLURB) is the planning, regulatory and quasi-judicial national government body tasked to
regulate land use and, real estate and housing development.
- Developing a subdivision project – a registered owner or developer of a parcel of land who
wishes to convert the same into a subdivision project shall apply with the Local Government
Unit (LGU) concerned for the approval of subdivision Development Permit (DP).
- Developing Residential Subdivision Projects
- 1. Residential Projects under Presidential Decree (PD) 957
- o Minimum design standards (Implementing Rules and Regulations (IRR) of
- PD 957 Rule I)
- o Requirements (IRR of PD 957 Rule II & Rule IV )
- o Downloadable forms
- o Process (flowchart)
- 2. Residential Projects under BP 220
- o Minimum design standards (Rule II, BP 220 IRR)
- o Requirements (Rule III, Rule IV BP 220 IRR)
- o Downloadable Forms
- o Process (flowchart)
- B. Other Subdivision Projects (All items below are linked to related IRRs)
- 1. Farm lot Subdivision
- 2. Commercial Subdivision
- 3. Industrial Subdivision
- 4. Memorial Parks
- Additional requirements For All Types of Residential Subdivision projects:
- b. Copy of the following documents in case the development permit was issued by
- the Local Government Unit (LGU) pursuant to the 1991 Local Government Code and
- related issuances:
- b.1 Sangguniang Resolution/Ordinance granting of development permit/
- subdivision development plan containing the following information:
- b.1.1 full name of the grantee or permit tee and his address;
- b.1.2 complete project name and its location;
- b.1.3 date of the resolution or ordinance;
- b.1.4 project area;
- b.1.5 full listing of title(s) covering the project;
- b.1.6 legal basis of the approval (PD 957, EO 648 and other
- related laws);
- b.2 Certified true copy of resolution conferring authority to the mayor or other
- local government official to issue development permit in cases where the
- same was not granted by the Sangguniang Bayan/Panlungsod. Evidence of
- approval of the subdivision scheme by the local government official must be
- any original copy or one certified as true copy thereof by the authorized local
- government official, indicating clearly his full name and position and the date
- of approval. It must contain the same data as described above. Most
- important of all, it must bear an indication of Sanggunian approval such as but
- not limited to words like “APPROVED BY AUTHORITY OF THE
- SANGGUNIAN” or others of similar import, it being understood that the
- Sanggunian has properly issued such authority.
- c. Proof of compliance to Sec. 18 of RA 7279 in any of the following manner:
- c.1 Development Permit of socialized housing projects within the main
- subdivision.
-
- DILG Legal Opinion No. 128:
- Executive Order No. 45, entitled: "Prescribing Time Periods for Issuance of
- Housing-Related Certifications, Clearances and Permits, and Imposing Sanctions
- ,,1.
- for Failure to Observe the Same", dated 24 October 2001, provides under
- Section 6 that: Section 6 – Time Periods – The local govt unit concerned and each of the officers
and agencies listed below shall dispose of an application for housing-related certification,
clearance or permit within the periods prescribed below: e-Local govt units – Thirty (30) days
from receipt of complete application to issue Development Permits.”
- On the other hand, Item 3 of the DILG Memorandum Circular No. 2002-15
- dated 31 January 2002, prescribing guidelines for the issuances of development
- permits by the local government units, provides and we quote: “3. Issuance of Development
Permit and Locational Clearance (DPs/LCs) for Housing Development Projects
- xxx xxx xxx
- The following time periods are hereby prescribed:
- Xxx xxx xxx
- 3.3 Third Week
- The sangguniang concerned shall calendar the application for deliberation. Among others, it
shall:
- aside from its regular session, call for special sessions to deliberate on the merits of the
application
- through a resolution, approve (disapprove) the application
- The Vice-Mayor (as Sangguniang presiding officer) shall cause the immediate transmittal of the
application acted upon to the City/Municipal Mayor for appropriate action.
- Xxx xxx xxx
- 3.4 Fourth Week
- The City/ Municipal Mayor, with the assistance of the City/Municipal Development Planning
Coordinator shall make a final review of the application.
- In case of approval, the concerned mayor, through the C/MPDC shall inform the project
proponent of the action taken by the LGU concerned. In case of disapproval, the mayor as
provided under existing laws, shall indicate the reasons for such and transmit back said
application to the sanggunian.
- Non-action by the mayor within the period as prescribed under RA 7160 and its IRR shall
mean approval of the application.
- Relative hereto, the Provincial Sanggunian concerned through the Provincial Secretary shall
certify the approval of such application in view of the non-action by the Mayor concerned.
- In case of non-action by the province, the DILG Regional Director concerned shall then certify
approval of such application based on the foregoing circumstances.”
- Based on the aforequoted provisions of DiLG lVemorandum Circular No.
- 2002-15, there are two (2) steps involved tn the issuance of a development
- permit, namely, (1) the evallration and approval (non-approval) by the
- sangguniang panlungsod/bayan on the application; and (2) final review by the
- City/Municipal Mayor of the application"
- Under Section 6 (e) of EO 45, local government units are given 30 days only
- within which to issue development pernrits. May vve note that the aforesald 30-
- day period encompasses both the two (2) steps mentioned in the immediately
- preceding paragraph, not either of the two. This 30-day period was reiterated
- under DILG Memorandum Circular No. 2002-15 when it divided into four (4)
- weeks the processing of the application for development permits.

- DILG OpinionNo. 76:

- Particularly on the substantive requirement, Section 444(3)(iv) of RA 7160, finds application. It
provides the ground by which such license or permit may be suspended or revoked. It states:
- “Section 444. The Chief Executive: Powers, Duties, Functions and Compensation.-
- xxx
- (b) For efficient, effective and economical governance the purpose of which is the general
welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal
mayor shall:
- xxx
- (iv) Issue licenses and permits and suspend or revoke the same for any violation of the
conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;”
EXECUTIVE ORDER NO. 45

PRESCRIBING TIME PERIODS FOR ISSUANCE

OF HOUSING RELATED CERTIFICATIONS, CLEARANCES

AND PERMITS, AND IMPOSING SANCTIONS FOR

FAILURE TO OBSERVE THE SAME

WHEREAS, in response to the urgent housing needs of the

Filipino people, the government has committed to undertake a

housing program to provide decent housing and basic services to

underprivileged and homeless citizens, spar the housing industry,

and create jobs;

Section 6. Time Periods. – The local government unit

concerned and each of the officers and agencies listed below shall

dispose of an application for housing-related certification,

clearance or permit within the periods prescribed below:

e. Local Government Units

- Thirty (30) days from receipt of complete application to

issue Development Permits.

-IRR of EO 45:

-DILG – I.Prepatory-In her SONA, Pres.GMA urged local govt units to reduce red tape to streamline
government operations. In line with such pronouncement, EO 45 was issued which prescribes time
periods for concerned national agencies and LGUs to act on housing-related permits clearances and
certifications.

As provided in Sec. 6 (e) of said issuance, LGUs shall issue development permit within 30 days from
receipt of complete application for housing development projects. The following guidelines are hereby
prescribed for the guidance of LGUs.

II . GUIDELINES
2. Scope: These guidelines shall apply to all cities and municipalities which under existing laws are
granted authority to issue Development Permits and Local Clearances (DPs/LCs)

3. Issuance of Development Permit and Local Clearance (DPs/LCs) for Housing Development Projects
Consent with the provisions of RA 7160, cities and municipalities, through their respective sanggunians
shall give preferential on all applications for housing development projects. Specifically, DPs/LCs shall be
issued within 30 days from receipt by the Secretary of the City/Municipal sanggunian of all completed
applications subject to the other requirements of concerned national agencies.

-Housing and Land Use Regulatory Board:

-For Applications for Development Permits for Subdivision Projects in Cities and Municipalities which
have not assumed the devolved function as provided for in EO 71, Series of 1993 or which have
endorsed the same to HLURB, paragraph (c) of the preceding number shall be applicable;

For Committee Report: