[ HLURB MEMORANDUM CIRCULAR NO. 27-A, s. 1997, October 20, 1997 ]

CLARIFICATION OF RESOLUTION NO. R-602, PROMULGATED UNDER MC NO. 27, S. 1997, AS TO THE LIMITED APPLICATION OF THE POLICY GUIDELINE IN THE APPROVAL OF DEVELOPMENT PERMIT FOR NON-CONFORMING PROJECTS TO EXISTING PROJECTS IN THE METRO MANILA AREA ONLY




1.         The title of Resolution No. R-602, Adopting a Policy Guideline in the Approval of Development Permits for Non-Conforming Projects, approved by the Board on 08 September 1997 and circularized under MC No. 27, dated 07 October 1997, was corrected by the Board in its meeting 13 October to read as œAdopting a Policy Guideline in the Approval of Development Permits for Non-Conforming Condominium Projects in the Metro Manila Area. 

2.         The correction was made to clearly indicate the intent to confine the application of the resolution to projects in Metro Manila only as stated in the body of the resolution which made reference to the Metro Manila Development Authority and the Metro Manila Zoning Ordinance, to wit:
œWHEREFORE, be it RESOLVED, AS IT IS HEREBY RESOLVED, that in all applications for development permits for condominiums where the local authorities have already issued clearances and permits thereon, as of the date of this Resolution, the Board shall recognize said permits and clearances as determinative of zoning and land use and the processing and evaluation of the condominium development plans shall be limited only to its compliance with the minimum design standards, required facilities and amenities for condominium projects provided that:

1.         In case where the basis for the issuance of the locational clearance is a rezoning/reclassification enacted by the Sanggunian, compliance with Resolution No. 514, s. 1992, providing for the approval thereof by the MMDA and the ratification by the HLURB of said rezoning/reclassification before it is made operative as basis for clearances and permits.

2.         In case the basis for the issuance of locational clearances and building permit is an exception granted by the Sanggunian, Sec. 14 of Art. V of the MMZO No. 81-01 shall be a requirement for favorable action. 

Please be guided accordingly.
Adopted: 20 Oct. 1997


(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer