QuestionsQuestions (EXECUTIVE ORDER NO. 71)
Executive Order No. 71 is issued pursuant to RA 7160 (Local Government Code of 1991), which allows local sanggunian to process and approve subdivision plans subject to national law, and it aims to ensure effective devolution of powers from the Housing and Land Use Regulatory Board (HLRB) to cities and municipalities through an orderly transition and defined national-local interrelationships.
Cities and municipalities assume the powers of HLRB over the approval of preliminary and final subdivision schemes and development plans for subdivisions for residential, commercial, industrial, and other purposes of both the public and private sectors, in accordance with PD 957 and its implementing standards, rules, and regulations on subdivision plan approval.
Section 1(b) devolves to cities and municipalities the approval of preliminary and final subdivision schemes and development plans of all economic and socialized housing projects, as well as individual or group building and occupancy permits covered by BP 220 and its implementing rules.
Local governments must evaluate and resolve opposition against the issuance of development permits for the covered projects, following the applicable laws and the Rules of Procedure promulgated by HLRB.
It devolves to cities and municipalities the monitoring of the nature and progress of land development of projects they approved, and monitoring housing construction for house and lot packages, to ensure faithfulness to the approved plans and specifications, along with imposing appropriate measures to enforce compliance.
The city or municipality must be guided by the work program approved by the Board upon evaluation of the developer’s financial, technical, and administrative capabilities.
Cities/municipalities may call on the HLRB for assistance in imposing administrative sanctions and on the DOJ for the institution of criminal proceedings against violators.
Section 1(e) authorizes cities and municipalities to assess and collect fees incident to the devolved functions under the EO.
The HLRB retains all powers and functions not otherwise expressly provided herein or under existing laws, ensuring it continues to have residual authority.
Local chief executives designate appropriate local officials who meet the qualifications, standards, and criteria set by the HLRB as enforcement officers. These officers have full power to monitor, investigate, and enforce compliance with the national laws and standards whose implementation have been devolved.
Enforcement officers are under the functional supervision of the HLRB, which must promulgate standard operating procedures, policy guidelines, and instructions, and may call for remedial measures as necessary.
HLRB may suspend action on and return the application, with advice to the LGU, to allow the LGU opportunity to take appropriate action. The return and advice must be done within 30 days from HLRB’s receipt of the application.
HLRB stops accepting new subdivision preliminary approvals and development permit applications except where relevant. LGUs should commence accepting new applications referred to them. Applications already active in HLRB’s file must be transferred to the LGU unless the preceding exception applies based on LGU readiness.
If the LGU has not responded or signified unpreparedness, HLRB continues to act on, process, and approve the pending applications until the LGU issues a subsequent readiness resolution. Transition requires adequate advance notice and at least a 30-day transition period for orderly transfer of records and materials.
It must provide adequate advance notice of readiness and ensure a transition period of at least 30 days from the orderly transfer of records and other pertinent documents and materials.
EO 71 takes effect immediately upon its publication in two (2) newspapers of general circulation.
It includes a separability clause: if any provision is declared invalid by a competent court, the remainder not affected remains in force.