Law Summary

Introduction

This document outlines the amendments made to MMDA Regulation No. 98-007 regarding the filing and processing fees for zoning clearance in the National Capital Region, as adopted by the Metro Manila Council on May 4, 2000. The amendments address inflationary impacts on fees and align with the directive from the President to increase fees and charges by at least 20%.

Section 1: Revised Fee Structure

The regulation amends the existing fee structure for filing, land use, and processing fees for zoning clearances.

• Filing Fees:

  • Location Clearance: P100.00
  • Motion for Reconsideration: P200.00
  • Petition/Request for Classification: P1,250.00
  • Filing Complaint (excluding pauper litigants): P100.00

• Land Use Fees (based on total floor area):

  • Residential: P1.50/sq.m.
  • Commercial: P3.00/sq.m.
  • Industrial: P4.10/sq.m.
  • Institutional: P2.00/sq.m.
  • Memorial Parks/Cemeteries: P0.05/sq.m.
  • Agro-Industrial:
    • Manufacturing: P4.10/sq.m.
    • Non-Manufacturing: P2.00/sq.m.
  • Telecommunications Tower: P4.10/sq.m.
  • Billboard: P0.50/sq.ft.
  • Yards (Industrial): P2.00/sq.m.
  • Yards (Commercial): P1.20/sq.m.
  • Renovations: 75% of the prescribed rate.

• Processing Fee: 25% of the corresponding Land Use Fee for all clearances, applicable to Temporary Use Permit (TUP) renewals.

• Certificate Fee: P45.00 for each certificate of conformance/non-conformance.

Section 2: Violations and Administrative Penalties

This section outlines various violations related to zoning clearance and the corresponding penalties.

• Unauthorized Activities:

  • Violation of MMC Ordinance No. 81-07: Fines ranging from P2,000.00 to P10,000.00 depending on the nature of the violation.
  • Home/Cottage Industry Violations: P500.00.
  • Residential Structures: P1,000.00.
  • Commercial and Industrial Structures (100 sq.m.): P10,000.00.

• Inspection Refusals:

  • First refusal: Up to P2,000.00.
  • Subsequent refusals: P5,000.00.

• Failure to Appear: Fine of up to P2,000.00 for non-appearance during proceedings.

• TUP Renewal Failures: Fine of 50% of the prescribed fee, not less than P500.00.

• Liability: Managing partners, directors, and professionals responsible for violations will be held liable. Referrals to the Professional Regulation Commission (PRC) and local authorities for enforcement actions are stipulated.

Section 3: Renumbering of Sections

Sections 2 and 3 of MMDA Regulation No. 98-007 are renumbered as Sections 3 and 4 to accommodate the amendments.

Section 4: Effectivity

The regulation will take effect 15 days after publication in two newspapers of general circulation in Metro Manila.

Key Takeaways

• The amendment increases the rates of filing and processing fees for zoning clearance.
• A comprehensive fee structure is introduced, categorized by land use type.
• Strict penalties are established for violations, refusals, and failure to comply with procedural requirements.
• The regulation is effective 15 days post-publication, ensuring timely compliance by stakeholders.