MMDA Regulation No. 003 (2000)

(NAR) VOL. 11 NO.2 / APRIL – JUNE 2000

[ MMDA REGULATION NO. 003, May 04, 2000 ]

AMENDING MMDA REGULATION NO. 98-007 ENTITLED "INCREASING THE RATE OF FILING AND PROCESSING FEES OF ZONING CLEARANCE AS ORIGINALLY PROVIDED FOR IN MMC ORDINANCE NO. 81-01, OTHERWISE KNWON AS THE COMPREHENSIVE ZONING ORDINANCE FOR THE NATIONAL CAPITAL REGION AS AMENDED BY THE MMC ORDINANCE NO. 82-03, OTHERWISE KNOWN AS THE REVENUE CODE OF METROPOLITAN MANILA AND BY MMC EXECUTIVE ORDER NO. 02, SERIES OF 1989 AND BY MMA ORDINANCE NO. 6, SERIES OF 1994"

WHEREAS, the raes of fees, and charges being collected by the Authority are no longer commensurate with the expenses involved in the rendition of services due to inflation;

WHEREAS, on January 13, 2000, President Joseph E. Estrada issued Executive Order No. 197, directing all Departments, Bureaus, Offices, Agencies and Units including government-owned or controlled corporations to review and upgrade their rate of fees and charges by not less than twenty percent (20%);

WHEREAS, the Office of the Assistant General Manager for Planning made a study on the existing raten of filing and processing fees for zoning clearance as provided for in MMDA Regulation 98-007 and strongly recommended that adjustment be done on the existing rates to cover the administrative cost incurred in the exercise of the regulatory functions on zoning;

NOW, THEREFORE, pursuant to Section 6 of RA 7924, this Amendatory Regulation is hereby promulgated and adopted by the Metro Manila Council as follows:

SECTION 1. Section 1 of MMDA Regulation No. 98-007b is hereby amended to read as follows:

"Section 1. The rate of filing, land use and processing fees for location clearance as prescribed in MMDA Regulation No. 98-007 shall be as follows:

a. Filing Fee 1. For location P100.00 clearance 2. For motion for P200.00 reconsideration3. For petition/ request P1,250.00 for classification 4. For filing complaint exept those involving P100.00 pauper lititgant which shall be free of charge b. Land Use Fee 1. Residential (single, P1.50/ sq.m. of total detachment and duplex floor area type) 2. Commercial establishments, including P3.00/sq.m. of total apartments, mass housing, floor area townhouses, constructed primarily of grain purposes P4.10/ sq.m. of total 3. Industrial establishment floor area 4. Institutional (schools, P2.00/sq.m. of total hospitals, etc.) floor area 5. Memorial P0.05/sq.m. of total Parks/Cemeteries land area 6. Agro-Industrial P4.10/sq.m. of total a. Manufacturing floor area P2.00/sq.m. of total b. Nin-Manufacturing land area 7. P4.10/sq.m. of total Telecommunications/Towerbase 8. Billboard P0.50/sq.ft.

9. Yards utilized for P2.00/sq.m. of total industrial purposes land area 10. Yards utilized for P1.20/sq.m. of total commercial purposes land area 75% of the 11. All types of renovation corresponding prescribed rate c. Processing Fee - Twenty five percent (25%) of the corresponding prescribed Land Use fee shall be paid for processing of all clearances. For Temporary Use Permit (TUP), the same rate of processing fee shall be applied for every annual renewal.

d. Certificate Fee - For each certifiacte of conformance/ non-conformance and all other certifications issued. P45.00SECTION 2. Section 2 of MMDA Regulation No. 98-007 is hereby amended to read as follows:

"Sec. 2. Violations and Administrative Penalties - Any applicant, proponent, prorietor, owner or representative who commits any of the following acts shall after due notice be punished by a fine in accordance with the following schedule: 2.1 For undertaking any activity or project in violation of MMC Ordinance No. 81-07 as amended, otherwise known as the Revised Zoning Ordinance for the National Capital Region: 2.1.1 Unathorized expansion or alteration of any activity formerlwy covered by a certificate of non-conformance... a fine of not less than P2,000.00 nor more than P5,000.00 2.1.2 For commercing or undertaking any project without having first secured a locational clearance...a fine of not less than P2,000.00 nor more than P10,000.00 in case of commercial, industrial and institutional projects or according to the following pahses of construction:

a. Excavation for P2,000.00 foundation b. Construction for foundatioan (including file P3,000.00 driving and laying of reinforcing bars) c. Construction of structure up to 2 P5,000.00 meters above established grade d. Construction of structure more than 2 meters and P10,00.00 completed structures (100% finished) 2.1.3 For home/cottage insdustry or incidental home occupation and auxilliary uses - P500.00 2.1.4 All types of residential structures - P1,000.002.1.5 All types of commercial and industrial structures 100 sq.mts. - P10,000.00 2.2 For refusing admission within any premises subject to inspection by a duly authorized inspector 2.2.1 Fraud or misrepresentation as to use - P,5000.00 2.2.2 Fraud or misrepresentation as to floor area - P5,000.00 2.2.3 Fraud or misrepresentation as to location - P5,000.00 2.2.4 Non-disclosure of any material fact - P2,000.00 2.3 For refusing admission within any premises subject to inspection by a duly authorized inspector 2.3.1 First refusal - not exceeding P2,000.00 2.3.2 Subsequent refusal - P5,000.00 2.4 For failing or refusing, without justifiable reason, to appear during a proceeding before the Metro Manila Zoning Administrator or his duly authorized officers - A fine of not more than P2,000.00 2.5 For failing to renew the Temporary Use Permit (TUP) on the date sepcified and stamped on the TUP - A fine equivalent to 50% of the prescribed fee but in no case lower than P500.00 If the violation is committed by a firm, corporation or partnership, the managing partners, directors or any other person in charge with the management thereof shall be held responsible. Professionals who are in charge of the project, if found to be constructing any structure without the necessary locational clearance in violation of this Regulation, shall be held liable and the case will be referred to the Professional Regulation Commission (PRC) for appropriate action. Building officials found to be issuing building permits wihtout the required locational clearanceshall be likewise be held liable and the case will be referred to the City/ Municipal Mayor concerned for appropriate action.

SECTION 3. Section 2 and 3 of the MMDA Regulation 98- 007 are hereby renumbered as Sections 3 and 4, respectively.

SECTION 4. Effectivity - This regulation shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation in Metro Manila. Adopted: 4 May 2000 (SGD) JEJOMAR

C. BINAY Chairman

(SGD) (SGD) (SGD) ELENITA BENJAMIN C. WENCESLAO B.

S. BINAY, M.D.

ABALOS, JR. TRINIDADN

Member Member Member Mayor, City of Mayor, City of Mayor, City of Makati Mandaluyong Pasay (SGD) (SGD) VICENTE (SGD) VERGEL A.

REYNALDO O.

P. EUSEBIO AGUILAR MALONZO Member Member Member Mayor, City of Mayor, City of Las Mayor, Caloocan Pasig Piñas CIty (SGD) BOBBIT (SGD) BAYANI F.

(SGD) JOSE T. L. CARLOS, FERNANDO CAPCO, JR M.D. Member Member Member Mayor, City of Mayor, Pateros Mayor, City of Marikina Valenzuela (SGD) OSCAR G.

(SGD) RICARDO (SGD) AMADO MALAPITAN

D. PAPA, JR. S. VICENCIO Member Member Member President, MM Vice Mayor, Taguig Mayor, Malabon Mayors League

(SGD) NARCISO

C. BERNARDO Member President, MM

Councilors LeagueSource: Supreme Court E-Library