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1.         Quoted hereunder is the full text of the above resolution, approved by the Board of Commissioners on 08 September 1997:

WHEREAS, this Board under EO 648 is the sole regulatory authority in housing and land development;

WHEREAS, pursuant thereto, this Board under PD 957 acts on all applications for development permits and certificates of registration and licenses to sell for condominium projects;

WHEREAS, in the approval for development permit for condominium projects, the Board is tasked to evaluate the condominium development plans anent its compliance with land use and zoning regulation as well as with the minimum design standards, facilities and amenities for condominium projects;

WHEREAS, pursuant to EO 72 the function of this Board in issuing locational clearances has been devolved to the local government units;

WHEREAS, certain local government units have issued locational clearances, variances and exceptions and building permits for condominium projects despite their non-conformity to the zoning and land use of the project site;

WHEREAS, considering the autonomy of local government units, this Board recognizes the clearances and permits issued by local authorities on condominium projects in their respective jurisdiction and consequently this Board in processing the application for development permit shall evaluate the condominium plans as to its compliance with the minimum design standards, required facilities and amenities for condominiums;

WHEREAS, considering that these condominium projects undoubtedly affect to a certain extent the residential character of the area, there is a need to safeguard the interests of the homeowners/residents by requiring compliance with certain safeguards provided by existing laws, rules and regulations;

WHEREFORE, be it RESOLVED, AS IT IS HEREBY RESOLVED, that in all applications for development permits for condominiums where the local authorities have already issued clearances and permits thereon, as of the date of this Resolution, the Board shall recognize said permits and clearances as determinative of zoning and land use and the processing and evaluation of the condominium development plans shall be limited only to its compliance with the minimum design standards, required facilities and amenities for condominium projects provided that:

1.         In case where the basis for the issuance of the locational clearance is a rezoning/reclassification enacted by the Sanggunian, compliance with Resolution No. 514, s. 1992, providing for the approval thereof by the MMDA and the ratification by the HLURB of said rezoning/reclassification before it is made operative as basis for clearances and permits.

2.         In case the basis for the issuance of locational clearances and building permit is an exception granted by the Sanggunian, Sec. 14 of Art. V of the MMZO No. 81-01 shall be a requirement for favorable action.

APPROVED, this 08 September 1997, Quezon City, Metro Manila.

2.         The policy guideline embodied in the foregoing is hereby promulgated for immediate implementation.

For your guidance, information and strict compliance.

Adopted: 07 Oct. 1997

(SGD.) ROMULO Q.M. FABUL