Streamlining The Process of Issuance of Permits, Certifications, Clearances And Licenses For Housing And Resettlement Projects In Yolanda-Affected Areas, Directing...Good Law
BY THE PRESIDENT OF THE PHILIPPINES
ADMINISTRATIVE ORDER NO. 44
STREAMLINING THE PROCESS OF ISSUANCE OF PERMITS, CERTIFICATIONS, CLEARANCES AND LICENSES FOR HOUSING AND RESETTLEMENT PROJECTS IN YOLANDA-AFFECTED AREAS, DIRECTING ALL GOVERNMENT AGENCIES CONCERNED TO OBSERVE THE SAME AND IMPOSING SANCTIONS FOR NON-COMPLIANCE
WHEREAS, Typhoon Yolanda (international codename: Haiyan) caused widespread destruction, substantial damage and death in several areas, including the provinces of Leyte, Southern Leyte, Samar, Eastern Samar, Biliran, Negros Occidental, Cebu, Capiz, Aklan, Antique, Iloilo, Masbate, Palawan and Dinagat Islands, leaving many Filipinos homeless;
WHEREAS, in line with the Build Back Better Principle adopted by the Government in the reconstruction and rehabilitation of Yolanda-affected areas, as well as the redevelopment thrust of the Government, there is a need to ensure the development of housing and resettlement sites that are safe and resilient from disasters due to hydro-meteorological and geologic hazards;
WHEREAS, the provision of safe shelter is a basic human need, thus, it is imperative for the Government to expedite the identification, construction and development of housing and resettlement sites for families whose houses were damaged by Typhoon Yolanda;
WHEREAS, the Presidential Assistant for Rehabilitation and Recovery (PARR) for Yolanda, mandated under Memorandum Order (MO) No. 62 (s. 2013) to be the over-all manager and coordinator of rehabilitation, recovery, and reconstruction efforts of government departments, agencies and instrumentalities in the affected areas, has adopted a Cluster Approach in the preparation of Yolanda reconstruction and rehabilitation plans;
WHEREAS, MO 62 directed all departments, bureaus, offices, agencies, or instrumentalities of the government, including government -owned or -controlled corporations (GOCCs) and government financial institutions (GFIs), to render full assistance and cooperation to the PARR as may be required to carry out his functions. local government units (LGUs) and the private sector are also encouraged to give assistance to the PARR as the circumstances may require; and
WHEREAS, the Resettlement Cluster has determined the need to streamline, coordinate and fast track the processes and requirements for the issuance of permits, certifications, clearances and licenses for housing and resettlement projects in the Yolanda-affected areas by concerned national and local government agencies.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Designation of Agency Representatives. The following agencies are hereby directed to designate responsible officers for each concerned province and, to the extent allowed by law, delegate to them sufficient authority to facilitate the processing and issuance of necessary permits, certifications, clearances and licenses for housing and resettlement projects in the heavily-hit provinces having municipalities within the 50-kilometer radius of Typhoon Yolanda as identified by PARR:
a. Housing and Urban Development Coordinating Council (HUDCC);
b. National Housing Authority (NHA);
c. Housing and Land Use Regulatory Board (HLURB);
d. Department of Environment and Natural Resources (DENR);
e. Mines and Geosciences Bureau (MGB);
f. Environmental Management Bureau (EMB);
g. Department of Agriculture (DA);
h. Department of Agrarian Reform (DAR);
i. Department of Science and Technology (DOST);
j. Land Registration Authority (LRA);
k. Department of Interior and Local Government (DILG); and
l. Other agencies as may be identified by HUDCC.
SECTION 2. Approval Process. A two-step approval process shall be implemented by concerned agencies to expedite the issuance of necessary clearances, certifications, permits or licenses for the housing and resettlement projects in Yolanda-affected areas, as follows:
a. Each dedicated Agency Representative shall assist the NHA and the concerned LGU in facilitating provision of necessary information needed by the agency or its designated signatory to issue the clearance, certification, or license required for the housing/resettlement project. The agency representative shall directly endorse the completed application or report to the agency head or his designated signatory for signature/approval.
b. The agency focal person in the Resettlement Cluster shall oversee the timely issuance of the aforesaid certification, permit, clearance or license by the head of agency or its designated signatory and prepare a report to the PARR and the Resettlement Cluster on the actions taken by such agency.
c. The DILG shall ensure participation of concerned LGUs in the implementation of this Order.
SECTION 3. Time Periods. The head of agencies, or their designated signatory, and LGUs shall dispose of housing-related certification, clearance, permit or license within the time periods prescribed below:
Agency Permit/ Clearance/
a. Mines and Geosciences Bureau (MGB) Geohazard Report 2 days b. Philippine Institute of Volcanology and Seismology (PHIVOLCS) PHIVOLCS Assessment 2 days c. Department of Science and Technology (DOST) DOST Assessment 2 days d. Housing and Land Use Regulatory Board (HLURB) or Local Zoning Administrator Zoning Certification 2 days e. Municipal Agrarian Reform Office MARO clearance 2 days f. Municipal/City Council Sanggunian Resolution Approving Land Reclassification 10 days g. National Irrigation Administration (NIA) Irrigation Clearance Certification 2 days h. Sugar Regulatory Authority (SRA) SRA Clearance Certification 2 days i. Philippine Coconut Authority (PCA) PCA Clearance Certification 2 days j. Department of Environment and Natural Resources Certification that site is outside National Integrated Protected Area System 3 days k. Department of Environment and Natural Resources (DENR) Approval of subdivision plans 10 days l. Department of Agriculture (DA) Certification of Eligibility for Conversion for Agricultural Lands 10 days m. Department of Agrarian Reform (DAR) Order of Land Conversion 10 days n. Environmental Management Bureau (EMB) Environmental Compliance Certificate 10 days o. Local Government Unit (LGU) Development Permits 15 days p. Bureau of Internal Revenue (BIR) Certificate of Tax Exemption for Socialized Housing Projects 30 days
SECTION 4. HUDCC as Lead Agency. HUDCC, as chair of the Resettlement Cluster, is hereby designated as lead agency in the implementation of the streamlined approval process as described in this Order.
SECTION 5. Support of Government Agencies. All departments, agencies and instrumentalities of the government, including government-owned and controlled corporations, are directed to provide support and assistance required in the implementation of this Order.
SECTION 6. Funding. The concerned agencies are authorized to charge against their current appropriations such amounts as may be necessary for the implementation of this Order, subject to the budgetary, accounting and auditing rules and regulations. Additional funds and possible fund sources as may be necessary for the implementation of this Order shall be identified by the Department of Budget and Management.
SECTION 7. Exemption from Fees. Pursuant to Section 19 and 20 of Republic Act No. 7279, all socialized housing and resettlement projects shall be exempt from the required fees and charges for the issuance of clearances, certifications, permits or licenses with the exception of documentary stamp tax (DST) when one party is exempt, the other party is liable thereof pursuant to Section 173 of the National Internal Revenue Code. As such, the BIR shall facilitate the issuance of a Certificate of Tax Exemption for all socialized housing and resettlement projects to be endorsed by the Resettlement Cluster.
SECTION 8. Reports. HUDCC shall submit reports to the President, through the PARR, every quarter or as often as may be required by the President, regarding the implementation of this Order.
SECTION 9. Implementing Rules and Regulations (IRR). The Resettlement Cluster shall issue such rules and regulations, including specific guidelines, flow charts and timelines, as may be necessary to implement this Order.
SECTION 10. Sanctions. In case the responsible officers of the concerned agencies fail or refuse to comply with the provisions of this Order and its IRR, said officers shall, in accordance with civil service laws, rules and regulations including Civil Service Commission Resolution No. 11-01502, be liable for administrative sanctions as may be provided in the IRR of this Order.
SECTION 11. Separability Clause. Should any provision of this Order be declared invalid or unconstitutional, the other provisions unaffected thereby shall remain valid and subsisting.
SECTION 12. Repealing Clause. All issuances, orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed, amended or modified accordingly.
SECTION 13. Effectivity Clause. This Order shall take effect immediately upon publication in a newspaper of general circulation. The Order shall be effective for a period of three (3) years.
DONE, in the City of Manila, this 28th of October, in the year of our Lord, Two Thousand and Fourteen.
(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.