Republic of the Philippines

Province of Misamis Oriental

LOCAL GOVERNMENT UNIT OF CLAVERIA

OFFICE OF THE LOCAL ZONING BOARD OF APPEALS

EXCERPTS FROM THE MINUTES OF THE LOCAL ZONING BOARD OF APPEALS

(LZBA) MEETING HELD ON JULY 28, 2022; THURSDAY, 9:00 IN THE MORNING AT
THE MAYOR’S CONFERENCE ROOM, NEW MUNICIPAL HALL, MIGBANDAY,
POBLACION, CLAVERIA, MISAMIS ORIENTAL.

Present:

1. Hon. Meraluna L. Salvaleon-Abrogar - Municipal Mayor/LZBA Chair

2. Hon. Van Yves A. Barros - Board Member
3. Mr. Marcelino M. Patindol - Board Member
4. Mrs. Rhoda B. Gadrinab - Board Member
5. Mr. Paulino C. Arana - Board Member
6. Mr. Homer A. Bana - Board Member
7. Atty. Ann Margaritte Justine Cruz - Board Member
8. Mr. Nelson F. Tomonglay - Board Member
9. PMaj. Melchor L. Annaway - Board Member
10. Engr. Rolando M. Alfanta rep’d by - Board Member
Ms. Jesselyn E. Ningasca
11. Mr. Pat F. Dumaloan rep’d by - Board Member
Mr. Daniel B. Tomonglay

Absent:

1. Hon. Reynante L. Salvaleon - Vice Mayor/Vice Chair

2. Mr. Alfredo M. Tumacas - Board Member

LZBA Resolution # 2022-07-07

Series of 2022

“RESOLUTION GRANTING LOCATIONAL CLEARANCE

THROUGH EXCEPTION OF A ONE-STOREY TWO-
CLASSROOM BUILDING (INSTITUTIONAL BUILDING)
OWNED BY MR. JOSEPH ANTHONY C. SABAL LOCATED
AT POBLACION, CLAVERIA, MISAMIS ORIENTAL”

WHEREAS, Section 46 of the Zoning Ordinance confers the powers of the Local Zoning
Board of Appeal (LZBA) to grant or deny exceptions from the provisions of such ordinance;

WHEREAS, the Zoning Ordinance is enacted pursuant to the provision of the Local
Government Code of 1991, RA 7160 Sections 447, 448 and 458 a.2 (7-9) dated 10 October
1991, “Authorizing the Municipality, through the Sangguniang Bayan, to adopt a Zoning
Ordinance subject to the provisions of existing Laws” and in accordance with related laws
such as but not limited to Commonwealth Act 141, RA 8550 Fisheries Code, PD 705 Forestry
Code, PD 1067 Water Code, PD 1096 National Building Code and Executive Order No. 72;
 WHEREAS, Mr. Joseph Anthony C. Sabal applied for a Locational Clearance to
construct One-Storey Two-Classroom Building (Institutional Building) project on a
portion of lot identified under TCT No. P-39228 - Lot No. 8472 with Tax Declaration
052-12-001-15-035 and was subsequently denied by the Municipal Zoning
Administrator dated May 10, 2022 for violation to the use of land in Agricultural Area
per approved Zoning Ordinance of this Municipality;

WHEREAS, the LZBA convened last July 28, 2022 in order to act on matters requiring
LZBA action and one of the significant highlights was the deliberation of the Letter of Appeal
submitted by Mr. Joseph Anthony C. Sabal and came up with an order requiring the appellant
to submit copy of the Sworn Statement / Affidavit of Undertaking conveying his willingness to
comply the conditions enumerated herein under;

NOW THEREFORE, upon motion of Mr. Homer A. Bana and was duly seconded by the
Atty. Ann Margarette Justine Cruz be it, to grant the Locational Clearance through EXCEPTION
of One-Storey Two-Classroom Building (Institutional Building) owned by MR. JOSEPH
ANTHONY C. SABAL with the following additional conditions:

 Granting this EXCEPTION does not exempt the project from securing pertinent
requirements of the other agencies.
 The appellant is required to process the re-classification and conversion of land
from its present classification into its definite usage.
 There shall be no major expansion, alteration and/or improvement shall be
introduced without prior clearance from the BOARD.
 Any misrepresentation, false statements or allegation material and any complaint
against the location of the said project found valid after due hearing shall be
sufficient cause for revocation of this decision
 This decision is non- transferable and shall automatically be revoked in the
event of sale and /or any mode of conveyance transferring ownership of the
project.
 This clearance is limited to the area based on the submitted development plan,
and
 Any complaint against the location of the said project found valid after due
hearing shall be sufficient cause for revocation of the clearance;

RESOLVED AS IT IS HEREBY RESOLVED, that compliance with the above conditions is

required and subject to monitoring and appropriate legal actions in the case of non-
compliance;

RESOLVED FURTHER that copy of this resolution be furnished to the Appellant for his
information and appropriate action.
----------------------------------------------------------

I HEREBY CERTIFY to the correctness of foregoing resolution held at Mayor’s Conference

Room, New Municipal Hall, Migbanday, Poblacion, Claveria, Misamis Oriental on July 28, 2022 .

MARGIE EUFROCINA S. VALDON

Member Board Secretariat

Approved:

MERALUNA L. SALVALEON - ABROGAR

Municipal Mayor/LZBA Board Chairperson

cc: Zoning Administrator – Designate

Mr. Darwin D. Caballero