EXECUTIVE ORDER NO. 45
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, spark the housing industry, and create jobs;
WHEREAS, housing is one of the major programs of the government,
consistent with the mandate of Sec. 9, Article XIII of the
Constitution and Republic Act No. 7279, otherwise known as the Urban
Development and Housing Act of 1992;
WHEREAS, in order to address the urgent housing needs of the Filipino
people and achieve the target of the government housing program, it is
imperative to strengthen the partnership between the government and the
private sector and fast-track the approval and implementation of
housing projects;
WHEREAS, the Housing and Urban Development Coordinating Council, the
Department of Agrarian Reform, the Department of Environment and
Natural Resources, and the Department of Agriculture have jointly
proposed guidelines to fast-track the approval and implementation of
housing projects and have certified to the feasibility of the same;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Guidelines to Fast-track Housing Projects.
— The guidelines below shall be observed in order to fast-track the
approval and implementation of housing projects.
Sec. 2. Simultaneous Processing of Applications. —
Where feasible, applications for housing-related certifications,
clearances or permits may be filed simultaneously with the local
government unit concerned and each of the agencies listed in Sec. 6
hereof.
Thus, notwithstanding the provisions of Administrative Orders, rules,
regulations, and issuances of Department Secretaries to the contrary,
the local government unit concerned and each of the agencies listed in
Sec. 6 hereof shall, where feasible, accept and process such
applications without requiring the submission of any housing-related
certification, clearance or permit from another agency.
Sec. 3. Regional One-Stop Offices and Designation
of Responsible Officers. — The Secretaries of the Department of
Agrarian Reform, the Department of Environment and Natural Resources,
and the Department of Agriculture are hereby directed to create their
respective Regional One-Stop Housing Permit Offices (ROSHPOs) and to
designate responsible officers and, to the extent allowed by law,
delegate to them sufficient authority to accept, process and dispose of
applications for housing-related certification, clearance or permit.
Sec. 4. Processing of Applications. — (a) Where
the documentary requirements are complete, an agency shall accept the
application for housing-related certification, clearance or permit and
shall promptly proceed to process the same. However, where the
documentary requirements are incomplete, an agency may refuse to accept
the application; Provided, that said agency shall issue a written
notice to the applicant indicating the documentary requirements which
are lacking.
(b) Upon a determination that the application is
meritorious, the agency shall promptly issue the certification,
clearance or permit. However, upon a determination that the application
is not meritorious, the agency shall promptly issue a written decision
or order denying the application clearly stating all the grounds
therefor.
(c) Within the time periods stated in Sec. 6
hereof, the responsible officers of the agencies concerned shall
dispose of the application by:
(i)
issuing the certification, clearance or permit requested; or
(ii) issuing a
written decision or order denying the application.
Where an application is opposed, the agency shall promptly determine
whether said opposition is based on valid grounds and, in the
affirmative, proceed to resolve the dispute with notice to the
applicant and dispose of the application; Provided, that the period for
resolving the dispute shall not be counted against the agency.
Sec. 5. Affidavit In Lieu of Certification,
Clearance or Permit. — Where the responsible officer of the agencies
concerned fails or refuses to dispose of the application within the
period prescribed herein, the applicant may, unless expressly
prohibited by law, submit an affidavit, with supporting technical
studies and documents by competent individuals, in lieu of the
certification, clearance or permit.
Sec. 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:
a.
Housing and Land Use Regulatory Board (HLURB)
—
The HLURB Regional Director or the local zoning officer, where
appropriate, for applications for Certification of Site Zoning
Classification of the land subject of the application: Ten (10) days
from receipt of complete application.
— The HLURB
Regional Director for applications for Certificate of Registration and
License to Sell (LTS): Ten (10) days from receipt of complete
application and compliance with the publication requirement.
b. Department
of Agrarian Reform
—
The DAR Secretary or Regional Director for applications for Conversion
Order or Exemption Order under Department of Justice Opinion No. 44,
series of 1990: Thirty (30) days from receipt of complete application,
including the DA Certificate of Eligibility for Reclassification of
Agricultural Land and the HLURB Certification of Site Zoning
Classification of the land subject of the application.
(1)
Municipal Agrarian Reform Officer (MARO)
— The MARO for
applications for MARO Certification: Ten (10) days from receipt of
complete application.
(2) Center on
Land Use Planning and Policy (CLUPP I) or Regional CLUPP I
— The CLUPP I
or the Regional CLUPP I, where appropriate: Thirty (30) days from
receipt of complete application.
c. Department
of Environment and Natural Resources (DENR)
—
The DENR Secretary or Regional Director for applications for
Environmental Compliance Certificate (ECC): Forty five (45) days from
receipt of complete application.
— The DENR
Secretary or Regional Director for applications for National Integrated
Protected Area System (NIPAS) Certification stating whether the project
area is within or outside the NIPAS: Fifteen (15) days from receipt of
complete application.
— The DENR
Assistant Regional Executive Director for Operations for applications
for verification and approval of Survey Returns: Thirty (30) days from
receipt of complete application.
(1)
Mines and Geosciences Bureau (MGB)
— The MGB
Director for applications for approval of Engineering Geological and
Geohazard Assessment Report (EGGAR): Ten (10) days from receipt of
EGGAR.
(2) Laguna
Lake Development Authority (LLDA)
— The LLDA
Administrator for applications for issuance of LLDA Certification
stating whether the project area is within or outside the LLDA area:
Fifteen (15) days from receipt of complete application.
d. Department
of Agriculture (DA)
—
The DA Secretary or Regional Director for applications for
Certification of Eligibility for Reclassification of Agricultural Land
stating, among others, that the project area is not covered by
Strategic Agricultural and Fisheries Development Zone (SAFDZ) and/or
Network of Protected Areas for Agricultural and Agro-Industrial
Development (NPAAAD): Thirty (30) days from receipt of complete
application, including Clearance Certifications from NIA and PCA or
SRA, where required.
(1)
National Irrigation Administration (NIA)
— The NIA
Regional Manager for applications for Irrigation Clearance
Certification: Fifteen (15) days from receipt of complete application.
(2) Philippine
Coconut Authority (PCA)
— The PCA
Administrator for applications for PCA Clearance Certification: Fifteen
(15) days from receipt of complete application.
(3) Sugar
Regulatory Administration (SRA)
— The SRA
Administrator for applications for SRA Clearance Certification: Fifteen
(15) days from receipt of complete application.
e. Local
Government Units
—
Thirty (30) days from receipt of complete application to issue
Development Permits.
Sec. 7. Sanctions. — In case the responsible
officers of the agencies concerned fail or refuse to dispose of the
application within the periods prescribed above, said officers shall,
in accordance with civil service laws, rules and regulations including
Civil Service Commission Resolution No. 99-1936, be liable for
administrative sanctions as may be provided in the implementing rules
and regulations of this Executive Order.
Sec. 8. Implementing Rules and Regulations. —
Within thirty (30) days from issuance of this Executive Order, the
Chairman of the Housing and Urban Development Coordinating Council and
the Secretaries of the Department of Agrarian Reform, the Department of
Environment and Natural Resources, and the Department of Agriculture
shall issue the rules and regulations for the effective implementation
of this Executive Order and the fast-tracking of the approval and
implementation of housing projects.
Sec. 9. Pending Applications. — Within thirty (30)
days from issuance of this Executive Order, the Department of Agrarian
Reform, the Department of Environment and Natural Resources, and the
Department of Agriculture shall complete the inventory of pending
applications for housing-related certifications, clearances or permits
and submit a plan for the prompt disposition of the same in the light
of the objectives of this Executive Order.
Sec. 10. Proposed Legislation. — Within thirty
(30) days from issuance of this Executive Order, said agencies shall
submit to the President a draft bill for legislative measures to
fast-track housing projects.
Sec. 11. Repealing Clause. — All executive orders,
rules, and regulations inconsistent with any provision of this
Executive Order shall be deemed revoked, amended or modified
accordingly.
Sec. 12. Effectivity. — This Executive Order shall
take effect immediately.
City of Manila, October 24,
2001.
chan
robles virtual law librar
Back to Main
Since 19.07.98.