Legal basis and related laws referenced
- Executive Order No. 71 implements R.A. No. 7160 by devolving powers to cities and municipalities for subdivision plan processing and approval, subject to national law.
- Executive Order No. 71 cites Presidential Decree No. 957 (as amended) and its implementing standards, rules, and regulations for subdivision plan approvals.
- Executive Order No. 71 recognizes that Presidential Decree No. 933, Executive Order No. 648 (series of 1981), Executive Order No. 90 (series of 1986), and Presidential Decree No. 957 (and other related laws) cover rule-making standards, enforcement and monitoring, and adjudication and dispute settlement in estate development projects.
- Executive Order No. 71 reaffirms powers under R.A. No. 7279 (Urban and Housing Development Act of 1992).
- Executive Order No. 71 covers economic and socialized housing projects and building/occupancy permits governed by Batas Pambansa Blg. 220 and its implementing standards, rules, and regulations.
Policy objective and orderly devolution
- Executive Order No. 71 ensures effective and efficient devolution of relevant functions to local government units.
- Executive Order No. 71 provides for an orderly and smooth transition and definition of future interrelationships between national and local government units.
- Executive Order No. 71 is issued upon recommendation of the Oversight Committee created under Sec. 533 of R.A. 7160.
- Executive Order No. 71 preserves national-level functions where not expressly devolved.
Scope: cities and municipalities; retained HLRB powers
- Cities and municipalities must assume the specific powers of the Housing and Land Use Regulatory Board (HLRB) set out in Sec. 1.
- Executive Order No. 71 devolves subdivision approval and related regulatory functions for projects for the public and private sectors.
- Executive Order No. 71 also devolves functions for economic and socialized housing projects and associated permits covered by BP 220.
- Sec. 2 states that the HLRB retains powers and functions not otherwise expressly provided in Executive Order No. 71 or under existing laws.
Devolved powers: approvals, opposition, monitoring, sanctions, fees
- Sec. 1(a) requires cities and municipalities to approve preliminary and final subdivision schemes and development plans for all subdivisions for residential, commercial, industrial, and other purposes for both public and private sectors.
- Sec. 1(a) requires these subdivision approvals to be done in accordance with P.D. No. 957 as amended and its implementing standards, rules and regulations on subdivision plan approvals.
- Sec. 1(b) requires cities and municipalities to approve preliminary and final subdivision schemes and development plans for all economic and socialized housing projects, and for individual or group building and occupancy permits covered by BP 220 and its implementing rules and regulations.
- Sec. 1(c) requires cities and municipalities to evaluate and resolve opposition against the issuance of development permits for the covered projects under the applicable laws and the Rules of Procedure promulgated by HLRB.
- Sec. 1(d) requires cities and municipalities to monitor (i) the nature and progress of land development of projects they approved and (ii) housing construction for house and lot packages, to ensure faithfulness to approved plans and specifications.
- Sec. 1(d) requires cities and municipalities to impose appropriate measures to enforce compliance with the approved plans and specifications.
- Sec. 1(d) requires cities and municipalities, in exercising these responsibilities, to be guided by the work program approved by the Board upon evaluation of the developers’ financial, technical and administrative capabilities.
- Sec. 1(d) allows the city or municipality to call on the Board for assistance in imposing administrative sanctions and to call on the Department of Justice (DOJ) for the institution of criminal proceedings against violators.
- Sec. 1(e) requires cities and municipalities to perform assessment and collection of fees incident to the devolved functions.
Enforcement officers and HLRB oversight
- Sec. 3 requires local chief executives to designate appropriate local officials as enforcement officers.
- Sec. 3 requires enforcement officers to meet or possess the qualifications, standards and criteria set by the HLRB.
- Sec. 3 grants enforcement officers “full power” to monitor, investigate, and enforce compliance with national laws and standards whose implementation has been devolved.
- Sec. 3 authorizes, upon request of the local chief executive, HLRB authorization for enforcement officers to initiate preliminary monitoring and investigative activities and to issue initial notices to enforce the Board’s mandates, orders, and decisions.
- Sec. 3 requires enforcement officers, when acting under this authorization, to endorse the records of the case, together with their actions, to the HLRB for final disposition and further enforcement actions.
- Sec. 3 places enforcement officers under the functional supervision of the HLRB, which must promulgate standard operating procedures, policy guidelines, and instructions for guidance and remedial measures.
HLRB returns misapplied-law applications (30 days)
- Sec. 4 requires HLRB to suspend action on and return an application to the concerned local government unit when, during evaluation of applications for registration and licensing of projects within HLRB’s jurisdiction, HLRB finds that a local government unit overlooked or mistakenly applied a certain law, rule, or standard in issuing a development permit.
- Sec. 4 requires the return to include corresponding advice so the local government can take appropriate action.
- Sec. 4 requires the return and advice to be effected within a period of thirty (30) days from receipt by HLRB of the application.
Transition and case transfer rules
- Sec. 5(a) directs HLRB to cease accepting new applications for preliminary approval and development permits of subdivision projects, except where Sec. 5(b) applies; cities and municipalities must commence accepting and acting on new applications referred to in Sec. 1.
- Sec. 5(b) requires HLRB to continue acting on applications when the city or municipality has not responded to devolution notices or has signified unpreparedness as of the effectivity date, until receipt of a subsequent notice in the form of a resolution of the Sangguniang Bayan/Panlungsod declaring readiness and willingness to immediately assume the functions.
- Sec. 5(b) requires the local government to give adequate advance notice of its desire to take over.
- Sec. 5(b) requires a transition period of at least thirty (30) days from the orderly transfer of records and other pertinent documents and materials.
- Sec. 5(c) requires applications in HLRB’s active file (awaiting responses or documentary requirements) to be transferred forthwith to the local government concerned for further processing and continuation of actions, unless the provisions of Sec. 5(b) apply.
- Sec. 5 directs HLRB, to ensure orderly transition, to reiterate its communications to local government units upon effectivity and to continue acting on all applications until receipt of the local government’s response of readiness.
Technical and legal assistance
- Sec. 6 directs HLRB to extend adequate technical and legal assistance to local government units that express the need.
- Sec. 6 requires HLRB to conduct training activities for such local government units.
Separability and supersession
- Sec. 7 provides that if any provision of Executive Order No. 71 is declared invalid or inoperative by a competent court, the remainder of the order remains in force and effect.
- Sec. 8 provides that Executive Order No. 71 supersedes any and all other Orders inconsistent with it.