Republic of the Philippines

Province of Camarines Sur

MUNICIPALITY OF MINALABAC

JOINT MEMORANDUM NO.: 23-03.001

DATE: April 3, 2023

TO: All Municipal Government Staff

FROM: Municipal Planning and Development Coordinator

RE: Implementing Local Joint Guidelines in the Issuance of Site Zoning

Certificate and Locational Clearance for Business Permit
Application, Building Permit, Free Patent Title, and Other Purposes

1 BACKGROUND

Zoning is the division of a city/municipality into zones or sub-zones (e.g. commercial,

residential, industrial, institutional, agricultural, forest, etc.) according to present and
potential uses of land to maximize, regulate and direct their use and development in
accordance with the Comprehensive Land Use Plan. It takes the form of a locally enacted
ordinance which provides, among others, regulations affecting uses allowed or
disallowed in each zone or sub-zone, conditions for allowing them, and procedures on
evaluating deviations.

Zoning is concerned primarily with the use of land and the regulation of development
through imposition of building heights, bulk, open space, and density provisions in a
given area. The benefits attributed to zoning are as follows:
1. Optimized use of land based on, among others, suitability and capability, e.g.
use of prime agricultural land for agricultural purposes and high value
areas for intense urban developments;
2. Promotion of public health and safety through compatible arrangement of
various land uses, e.g. buffering between residential and industrial zones
and through standards for environmental protection and conservation.
3. Preservation of desirable character and real estate values of the zone or
sub- zone through standards intended to facilitate high quality and
appropriate developments.
4. Promotion of the rational and orderly growth of the city/municipality by
employing a system that allows the adequate evaluation of development
proposals in both public and private lands.

2 PURPOSE

This Memorandum is issued to provide an updated guidelines and standard processes in

the issuance of both the Site Zoning Certificate and Locational Clearance, specifically:
 Promote and protect the health, safety, peace, comfort, convenience and
general welfare of the inhabitants in the Municipality of Minalabac;
 Guide, control and regulate the growth and development of public and
private lands in the Municipality of Minalabac in accordance with its
Comprehensive Land Use Plan (CLUP);
 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC

 Provide the proper regulatory environment to maximize opportunities for

creativity, innovation and make ample room for development within the
framework of good governance and community participation; and
 Enhance the character and stability of residential, commercial, industrial,
institutional, forestry, agricultural, open space and other functional areas
within the Municipality of Minalabac and promote the orderly and
beneficial development of the same.

3 LEGAL BASES

Section 4 Article X of the Philippine Constitution

“The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays, shall ensure that
the acts of their component units are within the scope of their prescribed powers
and functions.”

Section 6 Article XII of the Philippine Constitution

“The use of property bears a social function and all economic agents shall
contribute to the common good. Individuals and private groups, including
corporations, cooperatives and similar collective organizations, shall have the
right to own, establish and operate economic enterprises subject to the duty of
the state to promote distributive justice and to intervene when the common good
demands.”

Section 20 of the Local Government Code of 1991

“A city or municipality may, through an ordinance passed by the Sanggunian after
conducting public hearings for the purpose, authorize the reclassification of
agricultural lands and provide for the manner of their utilization or disposition in
the following cases: (1) when the land ceases to be economically feasible and
sound for agriculture or (2) where the land shall have substantially greater
economic value for residential, commercial or industrial purposes, as determined
by the Sanggunian concerned; provided that such reclassification shall be limited
to the following percentage of total agricultural land area at the time of the
passage of the ordinance”

Section 25 of the Local Government Code of 1991

“Consistent with the basic policy on local autonomy, the President shall exercise
general supervision over local government units to ensure that their acts are
within the scope of their prescribed powers and functions. The President shall
exercise supervisory authority directly over provinces, highly urbanized cities,
and independent component cities; through the province with respect to
component cities and municipalities; and through the city and municipality with
respect to Barangays.”

P.D. 1396 (Amending P.D. 933), creating the Ministry of Human Settlements,
renaming the Human Settlements Commission as the Human Settlements
Regulatory Commission
 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC

“It is hereby declared to be the policy of the government to foster the growth and
renewal of our communities, both rural and urban, in an integrative manner that
promotes optimal land use, adequate shelter, environmental protection,
utilization of appropriate technology and rational interdependence among self-
reliant communities.”

Republic Act 11032 otherwise known as the "Anti-Red Tape Act of 2007
“AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT DELIVERY OF
GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
9485, OTHERWISE KNOWN AS THE ANTI-RED TAPE ACT OF 2007, AND FOR
OTHER PURPOSES”

DILG-DTI-DICT Joint Memorandum Circular No. 01, Series of 2016

“Revised Standards in Processing Business Permits and Licenses in All Cities and
Municipalities”

DILG-DICT-DPWH Joint Memorandum Circular No.2018-01 Series of 2018

“Guidelines in Streamlining the Processes for the Issuance of Building Permits
and Certificates of Occupancy”

Municipal Ordinance No. 2017-146

“Ordinance Enacting the New Revenue Code of Minalabac, Camarines Sur”

4 SCOPE / COVERAGE

The policy applies to the issuance of Site Zoning Certificate and Locational Clearance for
various purposes (as a requirement for the issuance of related permits) at the
municipality. This Memorandum shall cover all Punong Barangays, Local Officials,
Department Heads, and all others concerned.

5 DEFINITION OF TERMS

Applicant any person, firm, partnership, corporation, head of government

or private institution, organization of any character applying for
the issuance of permits and clearances. DILG-DPWH-DTI-DICT
JMC 2018-01)
Building Permit refers to a document issued by the Building Official to an
owner/applicant to proceed with the construction, installation,
addition, alteration, renovation, repair, moving, demolition, or
other work activity of a specific project/building/structure or
portions thereof after accompanying principal plans,
specifications, and other pertinent documents with the duly
notarized application are found satisfactory and substantially
conforming with the National Building Code of the Philippines
(NBCP) and its Implementing Rules and Regulation. (DILG-
DPWH-DTI-DICT JMC 2018-01)
Business Permit a document that must be secured from the municipal
government, usually through its Business Permits and Licensing
 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC

Office (BPLO), for a business to legally operate in the locality.

(IRR OF RA 11032)
Environmentally area delineated as environmentally sensitive such that significant
Critical Area (ECA) environmental impacts are expected if certain types of proposed
projects or programs are located, developed or, implemented in
it.
Environmentally project or program that has high potential for significant negative
Critical Project environmental impact as defined under Presidential
(ECP) Proclamation 2146 (1981).
Locational a document issued by the assigned Zoning Officer / Zoning
Permit / Zoning Administrator to a project that is allowed under the provisions of
Clearance an ordinance of a particular municipality. It also ensures that the
establishment is allowed in the chosen location as per the
Comprehensive Land Use Plan and Zoning Ordinance and other
relevant zoning and land use ordinances. It is a requirement for
the issuance of Building Permit. (CLUP Guidebook)

6 POLICY CONTENT AND GUIDELINES

6.1 Issuance of SITE ZONING CERTIFICATE (SZC)

1. The SZP is a requirement to any of the following:
a. Pre-requisite for Locational Clearance (Building Permit,
Business Permit, and other purposes)
b. Application for Free Patent Title and Electrical and/other
Utilities Connection
2. The following requirements for the issuance of the SZC:
a. Site Zoning Certificate Application Form
b. Proof of Ownership
 Land Title or Tax Declaration
 Deed of Sale
c. If applicant is not the owner of land, secure the following:
 Contract of Lease
 Duly Notarized Affidavit of Consent from Land Owner
 Proof of Identification of Land Owner
d. For utilization of public lands, secure the following:
 Barangay Certification of Tenancy or Barangay Business
Permit
 Affidavit of Consent
e. SB Resolution for Land Reclassification or Endorsement of the
Project (if the business or building circumvents the actual land-
use)
f. Tax Payment (Official Receipt)
g. Payment of SZP amounting to PhP259.00
h. Issuance of Site Zoning Certification

6.2 Issuance of LOCATIONAL CLEARANCE

1. Approved site zoning fom mpdo
 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC


b. Tax Declaration (for validation of land classification)
c. Proof of Ownership
 Land Title or Deed of Sale, Affidavit of Co

d. Certificate of Tax Payment

Shall be issued to projects that require construction, installation, addition,

alteration, renovation, repair, moving, demolition, or other work activity
of a specific project/building/structure or portions thereof after
accompanying principal plans, specifications, and other pertinent
documents. The Zoning Permit shall be issued upon confirmation that the
project is not an Environmentally Critical Project (ECP) or located in an
Environmentally Critical Area (ECA) as stated in the Philippine Decree
(PD) 1596. The following requirements must be submitted:
# Document Originating
Office
1. Duly Accomplished and Notarized Locational MPDO
Clearance Application Form
2. Certified True Copy of Transfer Certificate of Title
(Proof of Ownership)
3. Current Tax Receipt of Non-Tax Delinquency
Certificate (updated payment of real property tax)
4. Assessor’s Certification if Lot is Not Titled or Certified
True Copy of Tax Declaration and

DR. FRANKLIN BEL T. ISIP, En.P.

Municipal Planning and Development Coordinator

Action Taken:
 Approved
 Disapproved
 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC

CHRISTOPHER R. LIZARDO
Municipal Mayor

PROPOSED RESTRUCTURING OF THE MPDO OFFICE

 Republic of the Philippines
Province of Camarines Sur
MUNICIPALITY OF MINALABAC

Please see attached copy of PDF submitted to Civil Service Commission