Title
Amendment on Environmental Compliance Certificate rules
Law
Hlrb Memorandum Circular No. 08-a, S. 1994
Decision Date
May 27, 1994
Ernesto C. Mendiola's amendment allows the Environmental Compliance Certificate (ECC) to no longer be a requirement for obtaining Locational Clearances or Development Permits for subdivision and condominium projects, but mandates it as a prerequisite for the Certificate of Registration and License to Sell.
A

Condition to be Included in Other Permits and Clearances

  • All other clearances and permits related to these projects, except for the Certificate of Registration and Licenses to Sell, must include a specific condition regarding the ECC.
  • This condition informs that under Presidential Decree No. 1586, no development or construction may begin without first securing the ECC from the Department of Environment and Natural Resources (DENR) or the Environmental Management Bureau (EMB).
  • The issuance of any permit or clearance should not be construed as exempting the project from other legal requirements, emphasizing the need for environmental compliance.

Immediate Effectivity and Administrative Guidance

  • The amendments take effect immediately upon issuance.
  • Entities involved are advised to follow these updated regulations strictly to ensure compliance with environmental and permitting requirements as stipulated by law.

Key Legal Concepts and Implications

  • Distinction between procedural requirements for various permits indicates a phased approach to environmental regulation compliance.
  • ECC as a post-locational/pre-development permit requirement but pre-registration/license requirement underscores environmental oversight before marketing or sale.
  • Enforcement reminder highlights the significance of ECC as a safeguard against unauthorized development consistent with sustainable practices encouraged by P.D. 1586.

Involved Authorities

  • Department of Environment and Natural Resources (DENR) and its Environmental Management Bureau (EMB) are the issuing authorities for the ECC.
  • Housing and Land Use Regulatory Board (HLRB) is responsible for issuing locational clearances, zoning compliance certificates, development permits, certificates of registration, and licenses to sell.

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