October 19, 2007; 11:00AM
DILG ISSUES GUIDELINES FOR ISSUANCE OF PERMITS, CLEARANCES
FOR HOUSING PROJECTS
In order to avoid delays in the issuance of permits for housing projects, Secretary Ronaldo Puno of the Department of the Interior and Local Government (DILG) issued guidelines and time periods in the issuance of development permits and barangay clearances for housing projects.
Puno made the move amidst reports and complaints received by the Department regarding undue delays in the issuance of development permits by the sangguniang panlungsod/bayan, mayors’ permits by the city/municipal mayors, and barangay clearances by the punong barangays, as well as complaints about barangays imposing exorbitant fees for barangay clearances, or imposing fees not supported by a barangay ordinance.
“To address these issues, we need to clarify the procedures in the issuance of permits and clearances related to housing projects implemented by both government and private sectors,” he said.
In his directive, Puno said the sangguniang panlungsod/bayan should strictly observe the time frame provided for under Executive Order No. 45 issued by the Office of the President which directs them to act on applications for development permits within 30 days from receipt of complete application.
Under the Local Government Code of 1991, the power to process and approve subdivision plans for housing purposes has already been devolved to cities and municipalities through their respective sanggunians.
SILG Puno also emphasized that the Code provides that the sangguniang barangay should act on the application for a barangay clearance, which is pre-requisite before the issuance of mayor’s permit, within 7 working days from its filing, and “in the event that the clearance is not issued within said period, the city or municipal mayor may issue the said license or permit.”
He likewise made it clear that the amount of reasonable fee which shall be required for the issuance of a barangay clearance for a housing project, should only be that amount limited to cover only the cost of regulation as fixed by a barangay ordinance as stated in the Code. “In the absence of any barangay ordinance imposing that reasonable fee for the said barangay clearance, no fee should be collected in securing the same,” he stressed.
He also said that after the issuance of the development permit by the sanggunian of the city or municipality concerned and the barangay clearance by the punong barangay, the applicant shall apply for a mayor’s permit which should be acted upon by the city or municipal mayor within 15 days, in accordance with Republic Act 6713.
Lastly, Puno said that the local officials should strictly observe the guidelines or face the administrative sanctions provided for under EO 45 and Republic Act 9485 or the “Anti-Red Tape Act of 2007,” which calls for the adoption of simplified procedures that will reduce red tape and expedite transactions in the government
WILLIE JEAN B. CABANAG
LGOO V, Coordinator, TACT Team on Public Information
PEDRO A. NOVAL, JR.