DEPARTMENT ORDER NO.

___
Series of 2022

GUIDELINES IN THE PROCESSING OF APPLICATIONS

FOR HOMEOWNERS ASSOCIATION CONSENT FOR
THE CONSTRUCTION AND INSTALLATION OF
TELECOMMUNICATION FACILITIES AND INFRASTRUCTURE
WITHIN RESIDENTIAL SUBDIVISIONS
_____________________________________________________________________

Section 1. BACKGROUND AND RATIONALE

On 11 June 2021, Revised Joint Memorandum Circular No. 01, Revising and Expanding
Joint Memorandum Circular No. 01, S. 2020 or the “Streamlined Guidelines for the
Issuance of Permits, Licenses, and Certificates for the Construction of Shared Passive
Telecommunications Tower Infrastructure (PTTIs), was signed and issued jointly by this
Department, together with the Anti-Red Tape Authority (ARTA), Department of
Information and Communications Technology (DICT), Department of the Interior and
Local Government (DILG), Department of Public Works and Highways (DPWH),
Department of Health (DOH), Food and Drug Administration (FDA), Civil Aviation
Authority of the Philippines (CAAP), National Telecommunications Commission (NTC),
and Bureau of Fire Protection (BFP).

On October 25, 2021, Joint Memorandum Circular (JMC) No. 2021-01, Streamlined
Guidelines for the Issuance of Permits and Clearances for the Erection of Poles,
Construction of Underground Fiber Ducts and Installation of Aerial and Underground
Cables and Facilities to Accelerate the Rollout of Telecommunications and Internet
Infrastructure, was signed and issued jointly by this Department, together with the Anti-
Red Tape Authority (ARTA), Department of Information and Communications Technology
(DICT), Department of the Interior and Local Government (DILG), Department of Public
Works and Highways (DPWH), Civil Aviation Authority of the Philippines (CAAP), National
Telecommunications Commission (NTC), National Electrification Commission (NEA),
Energy Regulatory Commission (ERC) and Philippine Competition Commission (PCC).

In support of Republic Act (RA) No. No. 11494, known as “Bayanihan to Recover as One
Act”, and Republic Act No. 11032, the “Ease of Doing Business and Efficient
Government Service Delivery Act, both the Revised JMC and the JMC prescribe
streamlined processes and requirements for application for permits and clearances for
the construction of shared PTTIs and erection of poles, construction of underground fiber
ducts, and installation of cables and facilities along national, local, and subdivision roads,
including pavements and sidewalks, in order in order to facilitate the accelerated rollout
of telecommunication infrastructure and service projects.

The roles and responsibilities of the oversight agencies for the attainment of the JMC’s
purposes are provided under Section 12 of Revised JMC No. 01 and Section 13 of the
JMC No. 01. DHSUD, specifically, has been tasked to -

“Issue guidelines for homeowners associations in the processing of

applications for homeowners association’s clearance or consent, if
applicable, setting forth the allowable bases for denial, among others;”

These guidelines are being issued pursuant to Subsection 12.5(a) of Revised JMC No. 01
and Subsection 13.5(a) of JMC No. 01.
Section 2. TITLE

This Department Order shall be known as the Guidelines in the Processing of

Applications for Homeowners Association Consent for the Construction and Installation of
Telecommunication Facilities and Infrastructure Within Residential Subdivisions.

Section 3. OBJECTIVES

These guidelines aim to:

3.1 Provide uniform and streamlined procedural guidelines for the issuance of
homeowners association consent for the erection of poles, construction of
underground fiber ducts, and installation of cables and facilities and other
telecommunication facilities and infrastructure within residential subdivisions.

3.2 Support the telecommunication industry to enable digital transformation, improve

connectivity, and render fast and reliable telecommunication services.

Section 4. LEGAL BASIS.

The following comprises the legal basis for this Department Order:

4.1 Section 4 (ii)(1) of Republic Act No. 11494

“(1) Temporary suspension of requirements to secure permits and

clearances for the construction of telecommunications and internet
infrastructure.

Except for the building permit issued by the Office of the Building Official
pursuant to Presidential Decree No. 1096 or the “National Building Code of
the Philippines”, as amended, and the height clearance permit from the
Civil Aviation Authority of the Philippines (CAAP), no national or local
permit or clearance shall be required in the construction, installation,
repair, operation and maintenance of telecommunications and internet
infrastructure by independent tower companies registered with the DICT,
or holders of authority granted by the National Telecommunications
Commission (NTC) to public telecommunication entities, for a period of
three (3) years from the effectivity of this Act; Provided, That for
homeowners and other community clearances, the requirements
provided under Section 15 of Republic Act No. 11032, or the ‘Ease
of Doing Business and Efficient Government Service Delivery Act’,
in relation to Section 10(k) of Republic Act No. 9904 or the ‘Magna
Carta for Homeowners and Homeowner’s Associations’ shall
apply.”

4.2 Section 15 of Republic Act No. 11032:

“Sec. 15. Interconnectivity Infrastructure Development. – In order to

expedite the processing of licenses, clearances, permits, certifications or
authorizations, the Authority, together with the DICT, shall develop a fast
and reliable interconnectivity infrastructure. In relation to this, the
processing and approval or licenses, clearances, permits, certifications or

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 authorizations for the installation and operation of telecommunication,
broadcast towers, facilities, equipment and service shall be:

(a) a total of seven (7) working days for those issued by the barangay;
(b) a total of seven (7) working days for those issued by LGUs; and
(c) seven (7) working days for those issued by NGAs.

If the granting authority fails to approve or disapprove an application for a

license, clearance, permit, certification or authorization within the
prescribed processing time, said application shall be deemed
approved: Provided, That when the approval of the appropriate local
legislative body is necessary, a nonextendible period of twenty (20)
working days is hereby prescribed.

For homeowners and other community clearances, the officers of

the homeowners association shall be given ten (10) working days
to refer the application to the members of the association pursuant
to Section 10(k) of Republic Act No. 9904, otherwise known as the
"Magna Carta for Homeowners and Homeowners
Associations": Provided, That a non-extendible period of thirty (30)
working days is granted the homeowners association to give its
consent or disapproval: Provided, further, That in case of
disapproval, the granting authority shall notify the applicant or
requesting party within the prescribed period of the reason/s for
disapproval as well as remedial measures that may be taken by the
applicant or requesting party.”[Underscoring supplied]

4.3 Section 9 of Revised JMC No. 01, Series of 2021, dated June 11, 2021

“SECTION 9. STANDARDS FOR PROCESSING HOMEOWNER’S

ASSOCIATION CONSENT

9.1. In case where the proposed PTTI is to be constructed within a

residential community with a duly registered Homeowner’s
Association, the applicant shall submit a Homeowner’s Association
Consent. LGUs shall refer to the list of duly registered Homeowner’s
Association posted in the DHSUD website.

9.2. The officers of duly registered homeowners association shall be given

ten (10) working days to refer the application to the members of the
association pursuant to Section 10(k) of Republic Act No. 9904 (RA
9904), otherwise known as the "Magna Carta for Homeowners and
Homeowners Associations” and given a non-extendible period of
thirty (30) days and to issue the corresponding clearance or notice of
disapproval. The notice of disapproval shall state the reason/s for
disapproval as well as remedial measures that may be taken by the
applicant or requesting party.

9.3. In case where proposed PTTI is to be constructed in a residential

community without a duly registered Homeowner’s Association, the
applicant shall NOT be required to submit a Homeowner’s Association
Consent. The applicant shall only be required to submit a
Certification by the owner of the property that there is no existing
duly registered homeowner’s association in the proposed project site.

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 The applicant shall also submit an Undertaking that they will conduct
social preparation or will endeavor to educate the affected
homeowners, households or families as to their health and safety
protocols: Provided, That the above social preparation shall not be
deemed to be a prerequisite to the issuance of any permit,
certification or authorization which is required for the construction of
a PTTI.

4.4 Section 7 of JMC No. 2021-01, dated October 15, 2021

“SECTION 7. STANDARDS FOR PROCESSING OF PERMITS AND

CLEARANCES FOR THE ERECTION OF POLES AND CONSTRUCTION OF
UNDERGROUND FIBER DUCTS

7.3 Standards for processing of Homeowners Association Consent and/or

LGU Clearance for the Erection of Poles or Construction of
Underground Fiber Ducts

7.3.1 Clearance /consent from the following shall be secured in case

the poles will be erected along subdivision roads or excavation
works for the construction of underground fiber ducts will
traverse subdivision roads:

a. For subdivision roads that have not yet been

donated to the LGU – Written consent from the duly
registered HOA in the subdivision and/or community; and

b. For subdivision roads already donated to the LGU –

Clearance from the LGU concerned and written consent
from the HOA. Clearance from the LGU referred to in this
section pertains to the official permission given by the LGU
which owns the subdivision roads where the project will
take place, considering that the applicant had complied
with all the necessary requirements set forth by the
concerned LGU.”

4.5 Section 10(k) of Republic Act No. 9904:

“Section 10. Rights and Powers of the Association. - An association shall

have the following rights and shall exercise the following powers:

(k) Subject to consultation and with the approval of a simple majority

of the association members, allow the establishment of certain
institutions such as, but not limited to, schools, hospitals, markets,
grocery stores and other similar establishments that will necessarily
affect the character of the subdivision/village in terms of traffic
generation, and/or opening the area to outsiders which may result in
the loss of privacy, security, safety, and tranquility to its residents, in
accordance with the National Building Code, zoning laws, existing
local ordinances, HLURB [now DHSUD, as per RA 11201] rules and
regulations, and existing jurisprudence: xxx

Section 5. COVERAGE AND SCOPE OF APPLICATION

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These guidelines shall cover all homeowners associations, federations and other umbrella
organizations of homeowners associations registered with the Department of Human
Settlements and Urban Development and shall govern the processing of applications or
request for homeowners association consent for the construction of PTTIs within a
residential community and erection of poles along subdivision roads or excavation works
for the construction of underground fiber ducts and other telecommunication facilities or
infrastructure filed by the following, collectively referred to as Covered Entities: 1

5.1 Public Telecommunication Entities (PTEs) that are holders of Certificates of Public
Convenience and Necessity or Provisional Authority granted by the National
Telecommunications Commission (NTC);

5.2 Cable TV (CATV) Operators that are registered as Value-Added Service (VAS)
Providers and authorized to offer internet access service;

5.3 Value-Added Service (VAS) Providers registered to offer internet access service by
the NTC and contracted under the Free Public Internet Access Program in Public
Places by the DICT;

5.4 ICT Technology Providers or Physical Infrastructure Contractors who are contracted
by the PTEs or CATV Operators tto roll out ot construct, install and/or establish
their infrastructure;

5.5 Independent Tower Companies registered with the DICT;

5.6 Distribution Utility Owners covered by a franchise issued by the Congress of the
Philippines; and

5.7 All authorized contractors of the foregoing entities.

Section 6. DEFINITION OF TERMS

As used in these guidelines, the terms hereunder shall mean as follows:

6.1 Access refers to access to poles, underground fiber ducts and other physical
infrastructure for purposes of the installation, operation and maintenance of
cables.2

6.2 Applicant refers to any of the Covered Entities applying for the issuance of permits
or clearance or their representative who are authorized to file or submit the
Applicant’s application including documentary requirments.3

6.3 Construction refers to all on-site work done in the site preparation, excavation,
foundation, assembly of all components and installation of utilities, machineries,
and equipment of buildings/structures.4

6.4 Homeowners Association Consent refers to the approval of the majority of the
members of the association as provided for in Section 10k of RA 9904, in relation
to Section 15 of RA 110325 and issued in the form of Certification of Consent by the
association president.
1
Section 4.3, JMC 2021-01, dated October 25, 2021.
2
Section 6.1, Ibid.
3
Section 6.4, Ibid.
4
Section 6.9, Ibid.
5
Section 6.14, Ibid.

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6.5 Passive Telecommunications Tower Infrastructure (PTTI) refers to all types of
outdoor non-electronic telecommunications infrastructure or civil works, including
but not limited to towers, masts, poles, and other similar infrastructure, as well as
the facilities auxiliary thereto—built on the ground or installed in buildings, walls,
rooftops or other edifice—that are utilized for purposes of mounting antennas,
transmitters/receivers, radio frequency modules, and other radio-communications
systems as macro cell sites for the rendition of ICT services in the
telecommunications network.

The term shall include: (a) the ducts , ladders, arresters, mounts, cable entrances,
and the cable trays of the PTTI; (b) the shared fiber-optic and/or radio frequency
cables or other similar equipment assemblies that make up the fronthaul; (c) its
appurtenant shelters, sheds, cabins, cabinets or other similar house for the base-
band units, radio units, and related electronic equipment, as well as the cable
entrances thereof; (d) its power supply and back-up power management systems;
and (e) all other ancillary facilities as thereto may be necessary and pertinent for
its proper, resilient, and continuous operation as a PTTI. These auxiliary and
ancillary facilities need not necessarily have to be owned or managed by each
mobile network operator;6

6.6 Telecommunication facilities or infrastructure shall refer collectively to poles,

underground fiber ducts, aerial and underground cables, passive
telecommunications tower infrastructure and its components and other
telecommunications physical infrastructure covered by JMC No, 2021-01, dated 25
October 2021.

Section 7. APPLICATION FOR HOMEOWNERS ASSOCIATION CONSENT

Whenever telecommunication facilities or infrastructure are to be constructed within a

residential community such as a subdivision/village or any socialized or economic
housing or relocation project with a duly registered homeowners association, the
applicant shall secure the consent of the homeowners association by filing an application
or request therefor with the association’s office or any officer authorized by the
association.

7.1 DOCUMENTARY REQUIREMENTS

The following documents in duplicate copies shall be submitted by the applicant to

the homeowners association upon filing of the application/request:

7.1.1 Project Plan

7.1.2 Vicinity Map showing the route, street and location where
construction/excavation work is to be performed; and
7.1.3 Affidavit of undertaking to:

1. Cover all excavations by a safety lid with proper cautionary

signs/devices at the end of each day;
2. Maintain barriers and warning devices from the start of the
construction/excavation works until its completion;
3. Orderly pile and maintain all construction/excavated materials so as
not to endanger vehicular and pedestrian traffic;

6
Section 6.16, Ibid.

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 4. Limit working hours to minimize traffic flow disturbance and minimize
inconvenience caused by the noise and release of dust or pollution it
may cause; and
5. To immediately repair any damage caused during the course of
construction/installation/excavation, and restore the same to its
condition prior to the start of construction/excavation.

An application or request with incomplete requirements shall NOT be accepted.

7.2 APPLICATION FEE

An application fee, subject to the approval of the association members in

accordance with Section 12(b)7 in relation to Section 10(i) 8 of RA 9904, may be
fixed and collected by the association from the applicant, which shall in no case be
greater than the administrative cost of the processing of the application.

Section 8. CONSULTATION WITH ASSOCIATION MEMBERS.

Within a period of ten (10) days from receipt of the application or request for HOA
consent, the Board of Trustees/Directors and/or officers of the association shall call a
General Membership Meeting of the association and/or schedule a referendum, for
consultation with the members on the application. The Notice of Meeting shall
specifically include in the Agenda the application for HOA consent with the following
details:

a. The Name of the Applicant/Covered Entity

b. Scope/Nature of Work to Be Done
c. Location or Site of the Proposed Work, including all Streets/Alleys Traversed
d. Duration of the Work

Section 9. MEETING WITH THE HOMEOWNERS AND MEMBERS

Free discussion of the project shall be held during the meeting at which the applicant or
its representative may be present as a resource person. Discussion of the project in
group chats, social media pages, and other digital platforms shall also be encouraged.

Section 10. VOTING

A vote of majority of the members of the association shall be necessary to approve or

grant the consent applied for.

7
Republic Act No. 9904 provides:
“Section 12. Duties and Responsibilities of the Board. In addition to the duties and
responsibilities stated in the bylaws of the association, the board shall have the following duties
and responsibilities:
(a) xxx
(b) Collect the fees, dues and assessments that may be provided for in the bylaws and approved
by a majority of the members;”
8
“Section 10. Rights and Powers of the Association. - An association shall have the following
rights and shall exercise the following powers:
xxx
(i) Impose or collect reasonable fees for the use of open spaces, facilities, and services of the
association to defray necessary operational expenses, subject to the limitations and
conditions imposed under the law, the regulations of the board and the association’s bylaws;”

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10.1 CANVASSING COMMITTEE

The members shall elect three (3) association members in good standing who
are not members of the Board to serve as the Canvassing Committee for the
purpose of counting of votes. The three (3) members shall elect the Chairman
from among them. The election of the members of the Committee shall be part
of the Agenda to be reflected in the Notice of General Membership Meeting.

10.2 REPORT OF CANVASS.

Within forty eight (48) hours from the close of the casting of votes, the
Chairman of the Canvassing Committee shall submit the Report of Canvass to
the Board addressed to the President, copy furnished all the members of the
Board.

Section 11. APPROVAL/GRANT OF CONSENT

In case of approval or grant of the application or request for consent, the President shall
issue the Certificate of Consent to the applicant, stating clearly therein reasonable
conditions or restrictions on the works to be undertaken.

Section 12. DISAPPROVAL/DENIAL OF CONSENT; CONDITIONAL APPROVAL

In case the application or request for consent is disapproved, the President shall notify
the applicant of the disapproval in writing, stating the reason or reasons for disapproval.
If remedial measures are recommended by the association to be taken, the same shall
be deemed as conditional approval; and upon the performance and completion of the
recommended remedial measures by the applicant, the application or request for
consent shall be deemed to have been approved and the Certificate of Consent shall be
issued by the President.

Section 13. ALLOWABLE BASIS FOR THE DISAPPROVAL/DENIAL OF CONSENT

The following are the allowable basis for the disapproval of denial of the subject consent:

13.1 There are in fact other more suitable sites for the project within the area other
than the proposed site;

13.2 There is a prohibition against the construction/erection of telecommunication

facilities or infrastructure specific to the proposed site;

13.3 The construction/erection of telecommunication facilities or infrastructure on the

proposed site would pose imminent danger to the lives of the residents of the
subdivision or village, except radiofrequency radiation (RFR) that has been
declared by the World Health Organization to have no adverse effects from
typical exposure to RFR produced by cell sites, and further as maintained by the
International Commission on Non-Ionizing Radiation Protection (ICNIRP), any
adverse effect arising from exposure to RFR is only possible at high
powered/intensity exposures exceeding limits and safe distances in front of the
antennas that are normally inaccessible to the public.9

9
FDA Advisory No. 20201623 dated 03 September 2020.

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13.4 The construction/erection of telecommunication facilities or infrastructure on the
proposed site is prohibited by law, order, or issuances of the appropriate
government agency or local government.

Section 14. REMEDY IN CASE OF DISAPPROVAL/DENIAL OF CONSENT

An applicant aggrieved by the disapproval/denial of the application or request for

consent may file an action to compel the approval before the Human Settlements
Adjudication Commission-Regional Adjudication Branch where the association is
registered.

Section 15. AUTOMATIC APPROVAL

In the event the period required for the association in which to act upon the request for
issuance of consent or clearance has lapsed and the Board failed to consult the
homeowners and members of the association without any justifiable reason, the
application shall be DEEMED APPROVED and the consent requested and applied for shall
be issued by the association, without prejudice to any action that any member of the
association may bring against the responsible Board members and/or officers of the
association.

Section 16. CONSENT NOT REQUIRED FOR LAYING OF CABLES ON EXISTING

POLES, UNDERGROUND FIBER DUCTS, AND OTHER PHYSICAL
TELECOMMUNNICATION INFRASTRUCTURE

Homeowners association consent shall not be required for securing authority for laying of
cables on existing poles, underground fiber ducts, and other physical telecommunication
infrastructure from the owner thereof, but the association should be duly notified thereof
pursuant to existing regulations.10 The proposed construction or installation works
herein on existing infrastructure shall be subject to reasonable regulations of the
association such as compliance with security requirements, internal traffic measures and
duration and hours of work.

*QUESTION: How about after the approval of the APPLICATIONS FOR HOMEOWNERS
ASSOCIATION CONSENT FOR THE CONSTRUCTION AND INSTALLATION OF
TELECOMMUNICATION FACILITIES AND INFRASTRUCTURE WITHIN RESIDENTIAL
SUBDIVISIONS, what will happen? Will there be someone who will be regulating as to the
income derived from the construction and installation of telco facilities or infrastructure
especially when the telco leases the portion where the facility is constructed? Or will it be
left upon the behest of the HOA members?

Section 17. SEPARABILITY CLAUSE

10
Section 8, JMC 2021-01, dated October 25, 2021, provides:
“SECTION 8. STANDARDS FOR LAYING OF CABLES ON EXISTING POLES, UNDERGROUND FIBER
DUCTS, AND OTHER PHYSICAL INFRASTRUCTURE

8.3 The following shall NOT be required from the applicants in securing the appropriate notices
and authorities under this Section:
xxx
5. Homeowners Association Consent, Consent from Adjacent Lot owners, and Other
Community Clearances; however, they should be duly notified pursuant to existing
regulations;
xxx

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If any of the provisions of these guidelines are declared contrary to law, the unaffected
provisions shall remain in force.

Section 18. EFFECTIVITY

These guidelines shall take effect immediately after certified copies hereof are furnished
the Office of the National Administrative Register of the University of the of the
Philippines Law Center pursuant to Executive Order No. 292, otherwise known as the
Administrative Code of 1987

APPROVED,

EDUARDO D. DEL ROSARIO

Secretary
( ____________ , 2022)

****Comments and suggestions were raised by Desiree Von Enriquez-Torres, President

of Zambowood Sunrise Homeowners’ Association.

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