Friday, November 02, 2007 DILG warns vs. delays of permits
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 amid reports and complaints received by the DILG regarding undue delays in the issuance of development permits by the city or municipal councils, mayors’ permits by the city/municipal mayors, and barangay clearances by the barangay captains.
He also wants to address complaints about barangays imposing exorbitant fees for barangay clearances or those 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 city or municipal council should strictly observe the time frame provided for under Executive Order 45 issued by the Office of the President which directs them to act on applications for development permits within 30 days from the receipt of the 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 councils.
Act on application
Puno also emphasized that the Code provides that the barangay council should act on the application for a barangay clearance, which is a pre-requisite for the issuance of a mayor’s permit, within seven 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 should 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.
Development permit
He also said that after the issuance of the development permit by the city or municipal council concerned and the barangay clearance by the barangay captain, the applicant should 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.
Puno also 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.
