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(NAR) VOL. 9 NO. 1/JANUARY-MARCH 1998
[ HLURB BOARD OF COMMISSIONERS RESOLUTION NO. R-611-98, January 12, 1998 ]
APPROVING THE ADMINISTRATIVE RULES OF PROCEDURES IN THE MONITORING OF PROJECTS AND THE IMPOSITIONS OF ADMINISTRATIVE SANCTIONS ON THE VIOLATIONS OF THE LAWS, RULES AND REGULATIONS IMPLEMENTING PD NOS. 957, 1344, AND 1216, EO NO. 648 AND OTHER RELATED LAWS
WHEREAS, the Board, pursuant to its mandates under Executive Order No. 648 as the sole regulatory agency for land and housing development and with the end in view of intensifying monitoring activities, adopted the Procedural Guidelines for the Monitoring of Projects under Resolution No. R-606, dated 13 October 1997, for the guidance of its monitoring staff and Regional Officers;
WHEREAS, in the enforcement of said guidelines there is a need for strict observance of the due process requirements as private rights of persons would inevitably be involved;
WHEREAS, a translation of said procedural guidelines into definitive rules of procedure in the monitoring of development projects and imposition of sanctions for violation of laws, rules and regulations being enforced by the Board is necessary for the guidance of both the staff and the public to ensure the protection of and respect for private rights;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Administrative Rules of Procedure in the Monitoring of Projects and the Imposition of Administrative Sanctions on the Violations of the Laws, Rules and Regulations Implementing PD Nos. 957, 1344, and 1216, EO No. 648 and Other Related Laws, hereto attached as Annex A, and made integral part hereof, be APPROVED, as the same is hereby APPROVED.
APPROVED.
Adopted: 12 Jan. 1998
(SGD.) DIONISIO C. DELA SERNA
Chairman, HUDCC
Ex-Officio Chairman
(SGD.) PRESBITERO J. VELASCO
Undersecretary, DOJ
Ex-Officio Commissioner
(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer
(SGD.) TERESITA A. DESIERTO
Commissioner
(SGD.) ISAGANI B. VALDELLON
Deputy Director-General, NEDA
Ex-Officio Commissioner
(SGD.) FRANCISCO L. DAGNALAN
Commissioner
(SGD.) ROQUE ARRIETA MAGNO
Commissioner
Attested:
For the Board Secretariat:
(SGD.) MARIA LUISA G. PANGAN
Administrative Rules of Procedure in the Monitoring of Projects and the Imposition of Administrative Sanctions on the Violations of the Laws, Rules and Regulations Implementing PD Nos. 957, 1344, and 1216, EO No. 648 and Other Related Laws
RULE I
Title and Interpretation
Section 1. Title of the Rules. — These rules shall be known as the Administrative Rules of Procedure for the Monitoring of Projects and the Imposition of Sanctions for Violation of the Laws, Rules and Regulations Implementing the mandates of HLURB.
Section 2. Interpretation of these Rules. — These rules shall be interpreted liberally to promote the welfare and protection of the public as well as to encourage the owners/developers of subdivision and condominium and other projects to comply with the requirements of the law.
RULE II
Coverage and Scope of Monitoring Activities
Section 1. Coverage of Monitoring. — The following projects and transactions are subject to monitoring by this Board:
a. All land use projects issued locational clearances or certificates of zoning compliance, variances, exceptions and temporary use permits by this Board or its predecessor agencies;
b. All subdivisions, condominiums and other real estate development projects issued preliminary approval, development permit, certificate of registration, license to sell, approval of plan alteration or amendment of master deeds of restrictions, mortgage clearance, advertisement approval, certificate of completion and other certifications related or incident thereto;
c. All other land use and development projects and real estate transactions including offers or proposals and arrangement for the sale and development of real estate projects, for the purpose of ascertaining applicability of and compliance with the Boards mandates;
d. Letters or reports from lot/unit buyers or homeowners associations reporting alleged violations of the law and requesting for investigation by the Board or requesting for advise or assistance as to protection of their rights.
Section 2.Scope of Monitoring Activities. — The scope of monitoring activities shall consist of the following:
a. Inspection/Investigation of a land use or development project or real estate transaction previously issued a clearance, permit, license, approval or certificate by the Board to determine whether the same has satisfactorily complied with the terms and conditions thereof;
b. Investigation/verification of a newly discovered land use or development project or real estate transactions to determine whether the same is subject to the regulatory jurisdiction of the Board, and the owner, proponent or developer thereof has secured the mandated clearances, permits, licenses, approvals and certificates therefor;
c. Verification of reports of alleged violations;
d. Examination of corporate records, books of account and financial statement to ascertain compliance by owners/developers with legal requirements; and
e. Issuance of appropriate notices/orders and imposition of corresponding sanctions to ensure compliance with the laws and/or rules and regulations of this Board.
RULE III
Monitoring Authority
Section 1. Authority to Monitor Required. — Only monitors duly designated by the Regional Officer shall be authorized to conduct monitoring activities. This Authority shall be secured by the monitor prior to embarking on field investigation, and should be presented to the owner or representative of the project/transaction being monitored. The monitoring authority shall specify the subject and scope of the investigation, as well as the time frame or duration within which monitoring activities shall be undertaken, which shall not exceed thirty (30) days from date of such authority.
Section 2. Powers of Monitors. — The inspector/investigator authorized to monitor a project or transaction shall have the following powers:
1. The right to free and unimpeded access and entry into the property and premises of the project or transaction being monitored; for this purpose, he may, upon prior and expressed authority of the Board, open or remove or cause the opening or removal of any gate, door, barrier or railing that prevents, impedes or impairs the conduct of monitoring activities;
2. Conduct interviews/conferences with the project owner/developer/proponent or his representative, as well as residents of the project and/or neighboring areas, for the purpose of ascertaining the ownership, status and degree of operation of the project or transaction, and its perceived effects/implications, as well as issues and problems related thereto;
3. Require the production of permits, clearances, licenses and approvals, receipts, contracts, corporate records, books of accounts and financial statements relevant to the Board’s exercise of its regulatory jurisdiction; and
4. Call on any person, office or entity for assistance in the discharge of his functions.
5. Perform such other functions as may be necessary, incident, related and/or inherent to the functions of this Board.
RULE IV
Monitoring Finding and Report
Section 1. Monitoring Report. — The monitor shall prepare a monitoring report setting forth his findings conclusions and recommendations within ten (10) working days from termination of his investigation. The report shall be signed by the inspector and reviewed by the monitoring division head indicating the nature of the violation and citing the bases thereof.
Section 2. Evaluation of Report. — The Regional Officer shall evaluate the report within fifteen (15) days from receipt thereof.
If the Regional Officer determines that no violation was committed, he shall consider the matter closed.
RULE V
Issuance and Service of Notice of Violation/Order to Comment
Section 1. Notice of Reported Alleged Violation. — If upon evaluation of the monitoring report and there appears that there is a violation of existing laws, rules, regulations or decisions of this Board, a Notice of Reported Alleged Violation shall be issued by the Regional Officer and served upon the project owner and/or developer ordering the submission of the Board of a sworn statement in answer thereto within ten (10) days from receipt thereof attaching thereto relevant supporting documents.
Section 2.Order to Comment. — In case of a complaint, by a third party informant, the notice shall incorporate an order directing the owner/developer to file a sworn comment within ten (10) days, copy furnished the complainant, and attaching therein such relevant documents.
RULE VI
Clarificatory Conference/Joint Ocular Inspection
Section 1. Clarificatory Conference. — Upon receipt of the respondents sworn statement/comment and should the Regional Officer, deem it necessary, a clarificatory conference shall be conducted by the Regional Officer between the complainant and respondent to clarify specific matters as would warrant judicious evaluation resolution of the report or complaint.
Section 2. Joint Ocular Inspection. — Likewise after the filing of a statement/comment and if the Regional Officer deems it necessary, the Regional Officer may motu propio or upon request of either parties, a joint ocular inspection may be conducted by a technical person of this Board with notice to the parties.
Section 3. Contentious Matters. — If the matters raised in the complaint/report should become contentious/adversarial, the same shall be certified for adjudication and the same thereafter shall proceed in accordance with the Rules of Procedure of the Board as set forth in Resolution No. R-586, Series of 1996.
RULE VII
Imposition of Sanctions
Section 1. Order of Imposition of Sanctions. — If the owner/developer fails to comply with the NOV/Order to Comment within ten (10) days from receipt thereof, or if upon evaluation of the statement/comment and the Regional Officer determines that there is a violation, he shall issue an Order of Imposition of Administrative Sanctions citing the nature of violation and the administrative sanctions imposed, as well as the basis/reasons for such sanctions.
Section 2. Imposable Sanctions. — The Sanctions that may be imposed in cases of violations found in the course of monitoring, as well as factors and circumstances to be considered in the imposition thereof are set forth in Board Resolution No. 267, series of 1985 and Administrative Order No. 08, series of 1988, as amended.
RULE VIII
Finality of Order of Imposition of Sanction
Section 1. The Order of Imposition of Sanction shall become final after ten (10) days from receipt thereof unless the owner/developer files a petition for review within said period in accordance with Rule X of these Rules.
RULE IX
Motion for Reconsideration
Section 1. When and Where to File Motion. — Within the period for filing of a petition for review, the respondent owner/developer may file with the Regional Office a motion for reconsideration.
Section 2. Resolution of the Motion. — The motion for reconsideration shall be resolved by the Regional Officer within fifteen (15) days from receipt thereof.
RULE X
Petition for Review
Section 1. When and Where to File Petition. — An owner/developer aggrieved by an order of imposition of fine/sanction may file with the Regional Office a petition for review within thirty (30) days with the Board pursuant to the Rules of Procedure set forth in Resolution No. R-586, series of 1996.
Section 2. Proceedings on Review. — The Petition for review, as well as further appeals therefrom shall be acted upon in accordance with said Rules of Procedure.
RULE XI
Execution of Administrative Sanction
Section 1. Upon its finality, administrative sanctions shall be implemented motu propio by the Regional Officer through the issuance of a writ of execution directed to the provincial or city sheriff concerned.
RULE XII
Miscellaneous Provisions
Section 1. Supplementary/Amendatory Rules. — The Board may issue from time to time supplementary rules to govern matters not covered by these rules or to amend the provisions thereof.
Section 2. Repealing Clause. — These Rules modify, amend or repeal such Board Resolutions or Administrative Orders and other issuances inconsistent herewith.
Section 3. Effectivity. — These Rules shall take effect after fifteen (15) days from its publication in a newspaper of general circulation.
Adopted: January 12, 1998
WHEREAS, in the enforcement of said guidelines there is a need for strict observance of the due process requirements as private rights of persons would inevitably be involved;
WHEREAS, a translation of said procedural guidelines into definitive rules of procedure in the monitoring of development projects and imposition of sanctions for violation of laws, rules and regulations being enforced by the Board is necessary for the guidance of both the staff and the public to ensure the protection of and respect for private rights;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Administrative Rules of Procedure in the Monitoring of Projects and the Imposition of Administrative Sanctions on the Violations of the Laws, Rules and Regulations Implementing PD Nos. 957, 1344, and 1216, EO No. 648 and Other Related Laws, hereto attached as Annex A, and made integral part hereof, be APPROVED, as the same is hereby APPROVED.
APPROVED.
Adopted: 12 Jan. 1998
(SGD.) DIONISIO C. DELA SERNA
Chairman, HUDCC
Ex-Officio Chairman
(SGD.) PRESBITERO J. VELASCO
Undersecretary, DOJ
Ex-Officio Commissioner
(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer
(SGD.) TERESITA A. DESIERTO
Commissioner
(SGD.) ISAGANI B. VALDELLON
Deputy Director-General, NEDA
Ex-Officio Commissioner
(SGD.) FRANCISCO L. DAGNALAN
Commissioner
(SGD.) ROQUE ARRIETA MAGNO
Commissioner
Attested:
For the Board Secretariat:
(SGD.) MARIA LUISA G. PANGAN
ANNEX “A”
RULE I
Title and Interpretation
Section 1. Title of the Rules. — These rules shall be known as the Administrative Rules of Procedure for the Monitoring of Projects and the Imposition of Sanctions for Violation of the Laws, Rules and Regulations Implementing the mandates of HLURB.
Section 2. Interpretation of these Rules. — These rules shall be interpreted liberally to promote the welfare and protection of the public as well as to encourage the owners/developers of subdivision and condominium and other projects to comply with the requirements of the law.
RULE II
Coverage and Scope of Monitoring Activities
Section 1. Coverage of Monitoring. — The following projects and transactions are subject to monitoring by this Board:
a. All land use projects issued locational clearances or certificates of zoning compliance, variances, exceptions and temporary use permits by this Board or its predecessor agencies;
b. All subdivisions, condominiums and other real estate development projects issued preliminary approval, development permit, certificate of registration, license to sell, approval of plan alteration or amendment of master deeds of restrictions, mortgage clearance, advertisement approval, certificate of completion and other certifications related or incident thereto;
c. All other land use and development projects and real estate transactions including offers or proposals and arrangement for the sale and development of real estate projects, for the purpose of ascertaining applicability of and compliance with the Boards mandates;
d. Letters or reports from lot/unit buyers or homeowners associations reporting alleged violations of the law and requesting for investigation by the Board or requesting for advise or assistance as to protection of their rights.
Section 2.Scope of Monitoring Activities. — The scope of monitoring activities shall consist of the following:
a. Inspection/Investigation of a land use or development project or real estate transaction previously issued a clearance, permit, license, approval or certificate by the Board to determine whether the same has satisfactorily complied with the terms and conditions thereof;
b. Investigation/verification of a newly discovered land use or development project or real estate transactions to determine whether the same is subject to the regulatory jurisdiction of the Board, and the owner, proponent or developer thereof has secured the mandated clearances, permits, licenses, approvals and certificates therefor;
c. Verification of reports of alleged violations;
d. Examination of corporate records, books of account and financial statement to ascertain compliance by owners/developers with legal requirements; and
e. Issuance of appropriate notices/orders and imposition of corresponding sanctions to ensure compliance with the laws and/or rules and regulations of this Board.
Monitoring Authority
Section 1. Authority to Monitor Required. — Only monitors duly designated by the Regional Officer shall be authorized to conduct monitoring activities. This Authority shall be secured by the monitor prior to embarking on field investigation, and should be presented to the owner or representative of the project/transaction being monitored. The monitoring authority shall specify the subject and scope of the investigation, as well as the time frame or duration within which monitoring activities shall be undertaken, which shall not exceed thirty (30) days from date of such authority.
Section 2. Powers of Monitors. — The inspector/investigator authorized to monitor a project or transaction shall have the following powers:
1. The right to free and unimpeded access and entry into the property and premises of the project or transaction being monitored; for this purpose, he may, upon prior and expressed authority of the Board, open or remove or cause the opening or removal of any gate, door, barrier or railing that prevents, impedes or impairs the conduct of monitoring activities;
2. Conduct interviews/conferences with the project owner/developer/proponent or his representative, as well as residents of the project and/or neighboring areas, for the purpose of ascertaining the ownership, status and degree of operation of the project or transaction, and its perceived effects/implications, as well as issues and problems related thereto;
3. Require the production of permits, clearances, licenses and approvals, receipts, contracts, corporate records, books of accounts and financial statements relevant to the Board’s exercise of its regulatory jurisdiction; and
4. Call on any person, office or entity for assistance in the discharge of his functions.
5. Perform such other functions as may be necessary, incident, related and/or inherent to the functions of this Board.
RULE IV
Monitoring Finding and Report
Section 1. Monitoring Report. — The monitor shall prepare a monitoring report setting forth his findings conclusions and recommendations within ten (10) working days from termination of his investigation. The report shall be signed by the inspector and reviewed by the monitoring division head indicating the nature of the violation and citing the bases thereof.
Section 2. Evaluation of Report. — The Regional Officer shall evaluate the report within fifteen (15) days from receipt thereof.
If the Regional Officer determines that no violation was committed, he shall consider the matter closed.
RULE V
Issuance and Service of Notice of Violation/Order to Comment
Section 1. Notice of Reported Alleged Violation. — If upon evaluation of the monitoring report and there appears that there is a violation of existing laws, rules, regulations or decisions of this Board, a Notice of Reported Alleged Violation shall be issued by the Regional Officer and served upon the project owner and/or developer ordering the submission of the Board of a sworn statement in answer thereto within ten (10) days from receipt thereof attaching thereto relevant supporting documents.
Section 2.Order to Comment. — In case of a complaint, by a third party informant, the notice shall incorporate an order directing the owner/developer to file a sworn comment within ten (10) days, copy furnished the complainant, and attaching therein such relevant documents.
RULE VI
Clarificatory Conference/Joint Ocular Inspection
Section 1. Clarificatory Conference. — Upon receipt of the respondents sworn statement/comment and should the Regional Officer, deem it necessary, a clarificatory conference shall be conducted by the Regional Officer between the complainant and respondent to clarify specific matters as would warrant judicious evaluation resolution of the report or complaint.
Section 2. Joint Ocular Inspection. — Likewise after the filing of a statement/comment and if the Regional Officer deems it necessary, the Regional Officer may motu propio or upon request of either parties, a joint ocular inspection may be conducted by a technical person of this Board with notice to the parties.
Section 3. Contentious Matters. — If the matters raised in the complaint/report should become contentious/adversarial, the same shall be certified for adjudication and the same thereafter shall proceed in accordance with the Rules of Procedure of the Board as set forth in Resolution No. R-586, Series of 1996.
RULE VII
Imposition of Sanctions
Section 1. Order of Imposition of Sanctions. — If the owner/developer fails to comply with the NOV/Order to Comment within ten (10) days from receipt thereof, or if upon evaluation of the statement/comment and the Regional Officer determines that there is a violation, he shall issue an Order of Imposition of Administrative Sanctions citing the nature of violation and the administrative sanctions imposed, as well as the basis/reasons for such sanctions.
Section 2. Imposable Sanctions. — The Sanctions that may be imposed in cases of violations found in the course of monitoring, as well as factors and circumstances to be considered in the imposition thereof are set forth in Board Resolution No. 267, series of 1985 and Administrative Order No. 08, series of 1988, as amended.
Finality of Order of Imposition of Sanction
Section 1. The Order of Imposition of Sanction shall become final after ten (10) days from receipt thereof unless the owner/developer files a petition for review within said period in accordance with Rule X of these Rules.
RULE IX
Motion for Reconsideration
Section 1. When and Where to File Motion. — Within the period for filing of a petition for review, the respondent owner/developer may file with the Regional Office a motion for reconsideration.
Section 2. Resolution of the Motion. — The motion for reconsideration shall be resolved by the Regional Officer within fifteen (15) days from receipt thereof.
RULE X
Petition for Review
Section 1. When and Where to File Petition. — An owner/developer aggrieved by an order of imposition of fine/sanction may file with the Regional Office a petition for review within thirty (30) days with the Board pursuant to the Rules of Procedure set forth in Resolution No. R-586, series of 1996.
Section 2. Proceedings on Review. — The Petition for review, as well as further appeals therefrom shall be acted upon in accordance with said Rules of Procedure.
RULE XI
Execution of Administrative Sanction
Section 1. Upon its finality, administrative sanctions shall be implemented motu propio by the Regional Officer through the issuance of a writ of execution directed to the provincial or city sheriff concerned.
RULE XII
Miscellaneous Provisions
Section 1. Supplementary/Amendatory Rules. — The Board may issue from time to time supplementary rules to govern matters not covered by these rules or to amend the provisions thereof.
Section 2. Repealing Clause. — These Rules modify, amend or repeal such Board Resolutions or Administrative Orders and other issuances inconsistent herewith.
Section 3. Effectivity. — These Rules shall take effect after fifteen (15) days from its publication in a newspaper of general circulation.
Adopted: January 12, 1998