MALACAÑANG

Manila
EXECUTIVE ORDER NO. 71

DEVOLVING THE POWERS OF THE HOUSING

AND LAND USE REGULATORY BOARD TO APPROVE
SUBDIVISION PLANS,TO CITIES AND MUNICIPALITIES
PURSUANT TOR.A. NO. 7160, OTHERWISE KNOWN
AS THE LOCAL GOVERNEMENT CODE OF 1991
GUIDELINES TO IMPLEMENT
E.O. 71, SERIES OF 1993

SECTION 1. –Devolved Functions

Upon the effectivity of Executive Order

No. 71, the following functions of HLURB
are devolved to the local government
units (LGUs)
a. Processing and approval pursuant to P.D.
957, B.P. 220 and other related laws, as well
as their implementing regulation,
applications for :

1. Preliminary Approval and Locational

Clearance (PALC);
2. Final approval/ development permits
(D. P.);
3. Approval of plan alternation of
subdivisions schemes;
4. Individual or group building permits
(B. P. 220); and
This is for all subdivisions for residential,
commercial, industrial and other purposes,
including townhouse, memorial parks and
farm lot subdivisions;

b.Hearing, evaluation and resolution of

opposition against the issuance of PALCs
and DPs, and petitions to revoke
approvals, clearances and permits it has
issued, in accordance with the Rules of
Procedure or guidelines of HLURB;
c.Monitoring of the nature and progress of
land developments and housing
construction of projects whose subdivision
and building plans the LGU has approved;
Provided, however, that with respect to
monitoring of compliance with the period
of completion and phasing of development
of said projects, it shall be guided by the
work program
approved by the HLURB in the
course of its evaluation of the
application for certificate of
registration and license to sell of the
project concerned;
d. Imposition upon owners/
developers of projects the LGU has
approved, appropriate measures to
enforce compliance with the terms
and conditions of their approval
such as issuance of Notice of
Violation, Show Cause Order,
Order of Imposition of
Administrative Sanctions and
Cease and Desist Order
pursuant to the provisions of PD
957, BP 220 and the Rules,
regulations and standards of
HLURB; Provided that the
rates and maximum amount of
fine shall not exceed the limits
fixed by the code.
e. Assessment and collection of
fees incident to the foregoing.

SECTION 2. – Retained Functions. -

HLURB shall retain other

functions not expressly provided
for in the Executive Order or
under existing laws such as but
not limited to the following:
A. Processing of applicants for:
1.Certificate of registration
and/ or license to sell of
subdivision and
condominium projects;
2. Applications for preliminary
approval of condominium
plans and development
permit;
3. Application for mortgage
clearance and advertisement
approval for all subdivisions
and condominium projects;
4. Application for registration of
dealers, brokers and
salesmen of subdivision and
condominium projects;
5. Application for reduction or
cancellation of performance
bond; and
6. Application for issuance of
Certificate of Completion
pursuant to PD 957, PD 1216
and other related laws.
B. General monitoring and
visitorial powers to ensure and
enforce compliance with the
provisions of PD 957 and their
implementing regulations,
including the imposition of
administrative sanctions on all
subdivision and condominium
projects that it has issued PD,
CR and / or LS; AND
C. Adjudication of all other
complaints filed pursuant
to the provisions of PD 957,
1216, 1344, BP 220 and
related laws.
SECTION 6. - ENFORCEMENT
OFFICERS.
For purposes of monitoring, the
local chief Executive shall
designate a local official as
Enforcement Officer who shall
meet and possess the following
qualifications, standards and
criteria:
Executive Order 71
1. Must be a civil engineer,
geodetic engineer or a licensed
architect or in case of
unavailability, must have
completed at least three years of
engineering or architecture course
with five years experience in the
design, construction and
maintenance of civil works, or is
presently performing the function
for at least three years.
2. Must have undergone
training conducted by
HLURB.
3. Must be recommended by
the Mayor
SECTION 7. - Functions of
Enforcement Officers.
The enforcement officer shall have the
following functions:
a.) For the LGU: Monitor, investigate
and enforce compliance with
provisions of P.D. 957, as amended,
B.P. 220 and related laws, as well as
their standards, rules and
regulations, whose implementation
have been devolved to the LGUs
pursuant to E.O. No. 71.
b.) For the HLURB, and upon
request of the local chief
executive, perform such functions
as are authorized to be done by
the HLURB or its regional officers,
which may include preliminary
monitoring and investigative
activities and issuance of initial
notices to enforce compliance
with the Board’s mandates,
orders and decisions. In such
instance, the Enforcement Officer
shall, together with the records of the
case, submit his findings, report of
initial actions and recommendation to
the Board for its final disposition or
further action. In the exercise of this
functions and responsibilities, the
Enforcement Officer shall be under the
functional supervision of HLURB or its
regional officers pursuant to standard
operating procedures, guidelines and
instructions that it will promulgate.
SECTION 8. - HLRB’s Over-all
Monitoring Function.
Without prejudice to the power of the
Enforcement Officer, HLURB or its
regional offices shall continue to
exercise monitoring, enforcement and
visitorial powers to assure compliance
by persons/entities concerned of the
provision of P.D. 957 and related laws,
and likewise, proper performance by
the local government of the devolved
functions.
SECTION 9. - Errors in Plan
Approval Development Permit
If in the course of evaluation of applications
for registration and license to Sell of
projects within its jurisdiction, HLURB or
its regional officer concerned finds that a
local government unit has overlooked or
mistakenly applied a certain law, rule or
standard in issuing a development permit,
it shall suspend action on and return the
application with a corresponding advise to
the LGUs concerned within a period of
thirty(30) days from receipt thereof.
SECTION 10. - Assistance to
LGUs
Subject to availability of funds,
HLURB and Regional Offices shall
continue to extend legal and
technical assistance, including
training on devolution, to LGUs who
express the need thereof, with
priority given to those LGUs which
have signified their desire and
willingness to assume the functions.
The conduct of training of LGUs on
processing and approval of
subdivision plans shall be subject to
item No. 2 of HLURB Office Circular
No. 01, Series on 1993

SECTION 11. Effectivity of

E. O. 71.
Executive Order No. 71, Series of 1993
takes effect on March 29, 1993
DIFFERENCE BETWEEN

ENFORCEMENT OFFICER

ZONING OFFICER/ADMINISTRATOR
ENFORCEMENT OFFICER (E.O. 71) –
monitoring/implementation of approved
subdivision laws and memorial parks. (PALC/DP,
Alteration Plan).

ZONING OFFICER (E.O. 72) –monitoring/

implementation of approved Comprehensive
Land Use Plan (Zoning Ordinance) (LC/CZC,
TUP, Denial)
LEGAL BASES OF MONITORING :

A. For Enforcement Officer/s

Section 1(d) of Executive Order No. 71 – “ Monitoring

the nature and process of land development of projects it
has processed, as well as housing construction in the
case of house and lot packages, to ensure their faithfulness
to the approved plans and specifications thereof, and
imposition of appropriate measures to enforce compliance
therewith.
In the exercise of such responsibilities, the city/municipa-
lity concerned shall be guided by the work program
approved by the Board upon evaluation of the developer’s
financial, technical and administrative capabilities.
Moreover, the city/municipality concerned may call
on the Board for assistance in the imposition of
Administrative Sanctions and the Department of
Justice (DOJ) in the institution of criminal
proceedings against violators.

B. For Zoning Officer/s

Section 3 of E. O. No. 72 – Plan Implementation

The authority of the HLURB to issue Locational
Clearance for locally significant projects is
hereby devolved to cities/municipalities with
Comprehensive Land Use Plans reviewed and
and approved in accordance with this Order. Such
cities/municipalities shall likewise be
responsible
for the institution of other actions in the
enforcement
of the provisions thereof.
NEXT TOPIC
INTRODUCTION TO SYSTEM AND
PROCEDURE
A.Definition of Terms
*SUBDIVISION PROJECT
– Shall mean a tract or a parcel of land registered under
R.A. 496 which is partitioned primarily for residential
purposes into individual lots with or without
improvements thereon and offered to the public for
sale in cash or installment terms. It shall include all
residential, commercial, industrial, farmlots and
recreational areas as well as open spaces and other
community and public areas in the project.
CLASSIFICATIONS OF
RESIDENTIAL SUBDIVISION
A. Presidential Decree No. 957
1. Open Market – no price ceiling
2. Medium Cost Housing – ceiling price is from
2.5M to 4M
B. Batas Pambansa Bldg. 220
1. Economic Housing – ceiling price 2.5M
2. Socialized Housing – ceiling price 580K
depending on lot area and floor area of
housing units
B. Subdivision Laws and Regulations
• PD 957 (The Subdivision and Condominium
Buyers Protective Decree.)
- regulates sales of subdivision lots and
condominium units to buyers.
- defines sale to be covered by registration.
- defines rights and duties of
owner/developer
of condominium and subdivision
projects.
-defines rights of condominium and
subdivision
•BP 220
- Economic and socialized housing projects in urban
and rural areas provided for moderately low income
families at lower interest rates and longer amortization
periods. Authorized HLURB to promulgate standards for
socialized housing projects provided for under PD 957, PD
1216, PD 1096 and PD 1095.

•PD 1216
– Provision and/or defining open spaces in
residential subdivision for road circulation, parks and
community facilities equivalent to 30% of the total area
of the subdivision projects.
•RA 7279 ( Amended by RA 10884)
Provides Balance Housing Program thru the provision of
socialized/low cost housing intended to benefit the under
privilege and homeless families. Requires
owner/developer of residential subdivision projects to
allocate 20% of the project area/cost into socialized
housing.

Project covered by RA 7279

- PD 957

- BP 220 Economic
C.Key Actors in the Approval of
Subdivision Projects
1. Local Government Unit (as per EO 71)
-PALC, DP, AP, BP and Cert. of Acknowledgement
2. Department of Agrarian Reform (DAR)
-DAR Conversion Order (if zoned agricultural)
-Certificate of Non-Tenancy
3. Department of Environment and Natural
Resources (DENR)
-Environmental Compliance Certificate
-Approved survey return from LMB
-EGGAR Report from Bureau of Mine and Geo-Science
4. DHSUD (formerly HLURB)
Certificate of Registration, License to Sell,
Extension of Time to Develop, Certificate of
Completion, Development Permit for Condo
Projects etc.
5. Local Power Source (CAGELCO, ISELCO,
NUVELCO)
6. Local Water District
7. National Water Resource Board (if water
supplied by deep well)
8. HDMF, GSIS and other financing agency
9. BIR
10. Register of Deeds
END