Previous Policy Change on DAR Exemption Clearance
- On June 19, 2002, HLURB approved through Resolution No. 725 the deletion of the DAR Exemption Clearance requirement for the issuance of Development Permits for subdivision and condominium projects.
- Instead of the DAR Clearance, applicants must submit a zoning certification from the HLURB Regional Officer confirming the project site is within an area zoned for urban use prior to June 1988, making the process more consistent and streamlined.
Policy Recommendation and Resolution Adoption
- The HLURB Management Committee, during a meeting on July 24, 2002, recommended extending the deletion of the DAR Exemption Clearance requirement to other land development projects including poultry and piggery projects, markets, and memorial parks and cemeteries.
- This recommendation was to maintain consistency with the earlier policy change and to improve administrative efficiency.
Core Provision of Board Resolution No. 729
- The Board approved the deletion of the DAR Exemption Clearance as a documentary requirement in the processing of:
- Locational clearance for poultry and piggery projects and markets.
- Preliminary and final approval of memorial park and cemetery plans.
- In lieu of the DAR Exemption Clearance, applicants must submit a zoning certification issued by the HLURB Regional Officer, affirming that the project site is located within an area zoned for urban use (non-agricultural) prior to June 1988.
Implementation and Effectivity
- The resolution was approved on August 21, 2002.
- It was published publicly on September 25, 2002, ensuring transparency and compliance with legal publication requirements.
- The resolution took effect fifteen (15) days following its publication, providing sufficient time for affected parties to comply with the new requirements.
Signatories and Authority
- Approved and signed by the HLURB Board, including:
- Chairman Michael T. Defensor
- DOJ Undersecretary and Ex-Officio Commissioner Jose C. Calida
- HLURB Chief Executive Officer and Commissioner Romulo Q. M. Fabul
- Other commissioners and representatives from NEDA and HLURB
- The Board Secretary attested to the authenticity and proper documentation of the Resolution.
Legal Significance and Policy Impact
- The Resolution enhances administrative processing by removing the need for DAR Exemption Clearance, which could delay locational clearance and development approval.
- The use of zoning certification ensures land use compliance while simplifying documentary requirements.
- Reflects HLURB’s intent to harmonize policies across different types of land development projects,
- Supports clarity and predictability in the regulatory framework for land development projects involving poultry, piggery, markets, and memorial parks/cemeteries.