Executive Order No. 45, S. 2001: October 24, 2001
Executive Order No. 45, S. 2001: October 24, 2001
2001
Signed on October 24, 2001
MALACAÑANG
MANILA
WHEREAS, in response to the urgent housing needs of the Filipino people, the government has
committed to undertake a housing program to provide decent housing and basic services to
underprivileged and homeless citizens, spark the housing industry, and create jobs;
WHEREAS, housing is one of the major programs of the government, consistent with the
mandate of Section 9, Article XIII of the Constitution and Republic Act No. 7279, otherwise
known as the Urban Development and Housing Act of 1992;
WHEREAS, in order to address the urgent housing needs of the Filipino people and achieve the
target of the government housing program, it is imperative to strengthen the partnership between
the government and the private sector and fast-track the approval and implementation of housing
projects;
WHEREAS, the Housing and Urban Development Coordinating Council, the Department of
Agrarian Reform, the Department of Environment and Natural Resources, and the Department of
Agriculture have jointly proposed guidelines to fast-track the approval and implementation of
housing projects and have certified to the feasibility of the same;
Thus, notwithstanding the provisions of Administrative Orders, rules, regulations, and issuances
of Department Secretaries to the contrary, the local government unit concerned and each of the
agencies listed in Section 6 hereof shall, where feasible, accept and process such applications
without requiring the submission of any housing-related certification, clearance or permit from
another agency.
(b) Upon a determination that the application is meritorious, the agency shall promptly issue the
certification, clearance or permit. However, upon a determination that the application is not
meritorious, the agency shall promptly issue a written decision or order denying the application
clearly stating all the grounds therefor.
(c) Within the time periods stated in Section 6 hereof, the responsible officers of the agencies
concerned shall dispose of the application by:
Where an application is opposed, the agency shall promptly determine whether said opposition is
based on valid grounds and, in the affirmative, proceed to resolve the dispute with notice to the
applicant and dispose of the application; Provided, that the period for resolving the dispute shall
not be counted against the agency.
SECTION 6. Time Periods. — The local government unit concerned and each of the officers
and agencies listed below shall dispose of an application for housing-related certification,
clearance or permit within the periods prescribed below:
The HLURB Regional Director for applications for Certificate of Registration and License to
Sell (LTS): Ten (10) days from receipt of complete application and compliance with the
publication requirement.
– The DAR Secretary or Regional Director for applications for Conversion Order or Exemption
Order under Department of Justice Opinion No. 44, series of 1990: Thirty (30) days from receipt
of complete application, including the DA Certificate of Eligibility for Reclassification of
Agricultural Land and the HLURB Certification of Site Zoning Classification of the land subject
of the application.
– The MARO for applications for MARO Certification: Ten (10) days from receipt of complete
application.
(2) Center on Land Use Planning and Policy (CLUPP I) or Regional CLUPP I
– The CLUPP I or the Regional CLUPP I, where appropriate: Thirty (30) days from receipt of
complete application.
– The DENR Secretary or Regional Director for applications for Environmental Compliance
Certificate (ECC): Forty five (45) days from receipt of complete application.
The DENR Secretary or Regional Director for applications for National Integrated Protected
Area System (NIPAS) Certification stating whether the project area is within or outside the
NIPAS: Fifteen (15) days from receipt of complete application.
The DENR Assistant Regional Executive Director for Operations for applications for verification
and approval of Survey Returns: Thirty (30) days from receipt of complete application.
– The MGB Director for applications for approval of Engineering Geological and Geohazard
Assessment Report (EGGAR): Ten (10) days from receipt of EGGAR.
– The DA Secretary or Regional Director for applications for Certification of Eligibility for
Reclassification of Agricultural Land stating, among others, that the project area is not covered
by Strategic Agricultural and Fisheries Development Zone (SAFDZ) and/or Network of
Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD): Thirty (30) days
from receipt of complete application, including Clearance Certifications from NIA and PCA or
SRA, where required.
– The NIA Regional Manager for applications for Irrigation Clearance Certification: Fifteen (15)
days from receipt of complete application.
– The PCA Administrator for applications for PCA Clearance Certification: Fifteen (15) days
from receipt of complete application.
– The SRA Administrator for applications for SRA Clearance Certification: Fifteen (15) days
from receipt of complete application.
– Thirty (30) days from receipt of complete application to issue Development Permits.
SECTION 7. Sanctions. — In case the responsible officers of the agencies concerned fail or
refuse to dispose of the application within the periods prescribed above, said officers shall, in
accordance with civil service laws, rules and regulations including Civil Service Commission
Resolution No. 99-1936, be liable for administrative sanctions as may be provided in the
implementing rules and regulations of this Executive Order.
SECTION 8. Implementing Rules and Regulations. — Within thirty (30) days from issuance of
this Executive Order, the Chairman of the Housing and Urban Development Coordinating
Council and the Secretaries of the Department of Agrarian Reform, the Department of
Environment and Natural Resources, and the Department of Agriculture shall issue the rules and
regulations for the effective implementation of this Executive Order and the fast-tracking of the
approval and implementation of housing projects.
SECTION 9. Pending Applications. — Within thirty (30) days from issuance of this Executive
Order, the Department of Agrarian Reform, the Department of Environment and Natural
Resources, and the Department of Agriculture shall complete the inventory of pending
applications for housing-related certifications, clearances or permits and submit a plan for the
prompt disposition of the same in the light of the objectives of this Executive Order.
SECTION 10. Proposed Legislation. — Within thirty (30) days from issuance of this Executive
Order, said agencies shall submit to the President a draft bill for legislative measures to fast-track
housing projects.
SECTION 11. Repealing Clause. — All executive orders, rules, and regulations inconsistent
with any provision of this Executive Order shall be deemed revoked, amended or modified
accordingly.
SECTION 12. Effectivity. This Executive Order shall take effect immediately.
By the President: