Related Laws

Approval of Housing Permits under EO 45

EO 45 prescribes specific period for a government agency and the local government units to act on applications for certifications, clearances and permits for housing projects (i.e. subdivisions or condominiums). It also provides an option for the applicant-developer where the government agency or LGU refuses or fails to dispose of an application for said applied for housing permit.

The following is an outline of said EO:

1. 1. Filing
   Applications for the issuance of housing related certifications, clearances or permits may be filed simultaneously with local government unit (sangguniang pambayan or panglunsod) and each of the other government agencies (DAR, DENR, etc.). These agencies shall accept and process the applications without prerequisite housing related permit/s from other government agencies.
2. 2. Processing
   If the documentary requirements are complete, the government agency shall accept and process the application and, if meritorious, shall issue within the time period under Section 6 of EO 45 the applied for certification, clearance or permit. If not meritorious, the agency shall issue within the same period a written decision/order of denial stating the grounds thereof.
3. 3. Opposition to application
   In case an opposition is filed against the proposed project, the concerned government agency concerned shall resolve the opposition. The period during the pendency of shall not be counted against the agency.
4. 4. Time period to act on application
   EO 45 prescribes time periods in the processing of housing related certifications, clearance and permits, for each government agency and the local government unit to wit:
   • HLURB
     1. Certificate of Site Zoning Classification – 10 days
     2. Certificate of Registration and License to Sell – 10 days
   • DAR
     1. Conversion Order or Exemption Order – 30 days
     2. MARO Certification – 10 days
     3. CLUPP 1 Certification – 30 days
   • DENR
     1. DENR Secretary/Regional Director
        ECC – 45 days
     2. DENR Secretary/Regional Director
        NIPAS Certification – 15 days
     3. DENR Assistant Regional Executive Director
        Verification and Approval of Survey Returns – 30 days
     4. MGB Director
        EGGAR – 10 days
     5. LLDA Administrator
        LLDA Certification – 15 days
   • Department of Agriculture
     1. DA Secretary or Regional Director
        Certification for Reclassification of Agri Land – 30 days
     2. NIA
     1. 1. NIA Regional Manager
           Irrigation Clearance Certificate - 15 days
        2. Philippine Coconut Authority PCA Administrator
           PCA Clearance Certification - 15 days
        3. Sugar Regulatory Administration
           SRA Clearance Certification - 15 days
   • LGU
     1. Development Permit – 30 days
5. Failure/Refusal to dispose application
   Should the responsible official of the government agency concerned fails or refuses to dispose application by either approving or denying the same within the prescribed period, the applicant, if not expressly prohibited by law, may submit an affidavit, with supportive technical studies and documents by competent individuals, in lieu of the certification, clearance or permit.
6. Sanctions to responsible officer for refusal/failure to dispose application
   If the responsible official refuses/fails to dispose application within the prescribed period, said official shall be liable for administrative sanctions provided for by law.