MONITORING GUIDE FOR ENFORCEMENT OFFICERS

I. RATIONALE This manual or handbook is prepared to guide HLURB monitoring staff and Enforcement Officers (EO) of cities and municipalities in the conduct of monitoring, parameters to consider, and actions to take when confronted by diverse situations. II. WHAT IS MONITORING Monitoring is a process where a monitoring or Enforcement Officer (EO) examines or reviews a project with or without a locational clearance or approved development plan based on an established and approved parameters and guidelines.

III. 1.

PURPOSE OF MONITORING Ensure compliance by persons or entities concerned on the provisions of P.D. 957, B.P. 220, P.D. 1216, and other related laws. Assess compliance by persons or entities to the conditions set forth in the permits/certificates provided.

2.

3.

Determine compliance and observance by local government units of the rules and regulations on land development projects.
To create and provide a livable and better human environment.

4.

IV.

LEGAL BASIS The basic law that governs the authority of local government Enforcement Officers to monitor land development projects is Executive Order No. 71, Section 1(d) where: Monitoring the nature and progress of land development of projects as approved, as well as housing construction in the case of house and lot packages, to ensure their faithfulness to the approved plans and specifications thereof, and imposition of appropriate measures to enforce compliance therewith. Further, the functions of LGU Enforcement Officers to monitor, investigate and enforce on persons or entities on compliance with the provisions of PD 957, BP 220, PD 1216, and other related laws and implementing rules and regulations shall be guided by HLURB Memorandum Circular No. 36 S. 1997, the Procedural Guidelines in Monitoring Projects and Imposition of Administrative Sanctions on the Violation of Laws, Rules and Regulations Implementing PD 957, PD 1344, PD 1216, EO 648 and other Related Laws.

V.

WHO APPOINTS LOCAL ENFORCEMENT OFFICERS (EO) Executive Order No. 71 Section 3 provides that .Local Chief Executive/s shall designate appropriate local officials who meet or possess the qualifications, standards and criteria set by the HLURB as Enforcement Officers.

VI. 1.

QUALIFICATIONS OF AN ENFORCEMENT OFFICER (EO) Licensed Civil Engineer, Geodetic Engineer or Licensed Architect.

2.

In the absence of the above, an individual with at least three (3) years of engineering or architecture course with five (5) years experience in design, construction and maintenance of civil works.
In the absence of #2, an individual presently performing monitoring function for at least three (3) years. Must have undergone training conducted by the HLURB for Enforcement Officers. Must be recommended by the Local Chief Executive.

3.

4.

5.

VII.

INSTITUTIONAL LINKAGE
The local Enforcement Officer shall be under the functional supervision of the HLURB or the concerned Regional Officers. An Enforcement Officer shall exercise his functions and responsibilities in accordance with the procedures and guidelines promulgated by the Board.

The HLURB is responsible for: 1. Providing training or capability building for local government Enforcement Officers on the review or evaluation of approved subdivision plan. 2. Providing guidelines and standards on real estate projects such as residential subdivisions, memorial parks, farm lot subdivision, industrial subdivision, and others. 3. Advising the Local Government Units and Enforcement Officers on current or recent developments on real estate management.

The Local Enforcement Officer/s shall: 1. 2. Perform assessment or evaluation of approved subdivision plan/s. Conduct monitoring activities of projects within his locality.

3.
VIII.

Submit reports to HLURB about monitored projects, etc.

SCOPE OF AUTHORITY/FUNCTIONS vis--vis MONITORING

1. LGU Local Enforcement Officers

As outlined under HLURB Officer Circular No. 04 s. 1993 Guidelines to Implement Executive Order No. 71 S. 1993, Enforcement Officers shall:

a.

Undertake monitoring of projects as to:

..the nature and progress of land development and housing constructions of projects whose subdivision and building plans were approved by the local government unit concerned.

compliance with the period of completion and phasing of development of said project. Enforcement Officers shall be guided by the work program approved by the HLURB in the course of its evaluation. b. Impose appropriate measures upon owners/developers of projects that the local government unit has approved such as: enforce compliance with the terms and conditions of their approvals, issue of Notice of Violation, Show Cause Order, Order of Imposition of Administrative Sanctions, and Cease and Desist Order pursuant to Board Resolution No. R-611 (Rules and Procedures in Monitoring of Projects and Imposition of Administrative Sanctions in consonance with the provisions of PD 957, BP 220 and the rules and Regulations and standards of HLURB.

c. Periodic submission of monitoring reports on projects approved by the local government unit including quarterly reports on field or adjudicated oppositions/complaints against subdivision projects to enable HLURB to assess and evaluate owners or developers pursuant to HLURB Board Resolution No. R-427, S. 1998 Adopting the Rules and Regulations Implementing the Criterion on Good Repute provided for under Section 5 of PD 957 as amended.
Above actions will serve as input in the processing of applications for Certificate of Registration and License to Sell, Clearance to Mortgage, etc. of the owner or developer. d. Conduct spot monitoring upon the request of the HLURB. When monitoring of projects are requested by the HLURB, the LGU Enforcement Officer shall limit his/her actions to the following:

- investigation or inspection of the projects identified for monitoring. - submission of reports on the investigation or monitoring conducted. - issue initial notices or actions as the HLURB may require to enforce compliance with the mandates, orders and decisions. - prepare other reports related to subdivision projects.

LGU-EO Subject or Scope of Monitoring: A. Determine proof of compliance as required under the following Presidential Decrees and/or conditions stipulated in permits or clearances: 1. Presidential Decree 957 1.1 Preliminary Approval and Locational Clearance 1.2 Final Approval/Development Permit 1.3 Approved Alteration of Plan 2. Batas Pambansa 220

2.1 2.2 2.3 2.4 2.5

Preliminary Approval and Locational Clearance Final Approval/Development Permit Approved Alteration of Plan Individual or Group Building Permit Certificate of Occupancy

3. Conditions required or imposed for all projects issued permits such as the following:
3.1 Environmental Compliance Certificate 3.2 DAR Conversion Clearance 3.3 Sangguniang Bayan Resolution Approving the Project 3.4 Certificate of Water Potability/Certification from the Local Waterworks that the project can be serviced or provided with water. 3.5 Clearance from specialized agencies, as the case may be, such as Tagaytay Commission, LLDA, etc. B. Compliance with other conditions provided in all clearance or Permits issued by the Local Government Unit. C. Compliance of LGU-approved projects with the pertinent Provisions of PD 957, BP 220, PD 1216, other Rules and Regulations, standards and guidelines, and other related laws.

D. Opposition/petition for revocation related to the issuances by the Local Government Unit as enumerated in Item A above. 2. Housing and Land Use Regulatory Board Enforcement Officer Under Executive Order No. 71 S. 1993, the HLURB retained certain functions pertinent to the implementation of laws affecting real estate development project.

Relative to the retained functions, the HLURB can call upon LGU Enforcement Officers to undertake monitoring or investigative activities to assist the Board in its overall monitoring function.
In the exercise of its general monitoring functions, the Board aims to a) ensure the compliance by persons or entities concerned of the provisions of PD 957 and other related laws; and the b) fitting and precise performance by the local government unit of the devolved functions.

HLURB Subject or Scope of Monitoring: A. B. All of the subjects under the Local Government Unit Proof of other requirements, such as:

1. Verified Survey Return (VSR) 2. Individual TCT for saleable lots 3. Annotated copy of TCT for open space, park and playground and other communal areas 4. Compliance with RA 7279 5. Certificate of Registration and License to Sell 6. Approved Advertisement 7. Clearance to Mortgage 8. Approval for change of name or ownership and the corresponding amended CR/LS 9. Amended License to Sell for affected saleable areas subject of Alteration of Plan 10. Registration of Dealers, Brokers, and Salesmen 11. Certificate of Completion

C.

Compliance with the approved plans

D. Compliance with the pertinent provisions of PD 957, BP 220 and other related laws. E. Opposition/s or complaint/s related to all subjects of monitoring under A,B,C and D of Local Government Unit scope. F. Performance of local government units in the enforcement of devolved functions related to subdivision or real estate projects.