R-675 s. 2000 - HLURB

RESOLUTION NO. 675Series of 2000AMENDING THE SCHEDULE OF FINES IMPOSEDBY THE HOUSING AND LAND USE REGULATORY BOARDIN THE PERFORMANCE OF ITS FUNCTIONSBE IT RESOLVED, as it is hereby resolved that the followingRevised Schedule of Fines imposed by the Housing and Land UseRegulatory Board in the exercise of its functions pursuant to Art. IV, Sec.5.0; 5.q.2 and Art. V, Section 11 of Executive Order No. 648 and Sec. 38of PD 957 be ADOPTED as the same is hereby adopted.I. ViolationREVISED SCHEDULE OF FINES*A, For violations of TPZ and ULRZ/APD laws, rules and regulations.I. Failure to secure locational clearance prior to the start of theproject.CONFORMITY WITH LAND USE \[CONFORMINGNON-CONFORMINGProject Type Minimum Medium Maximum Minimum Medium MaximumIndustrial P1000-2500 2501-4000 4001-5500 2501-4000* 4001-7000 7001-10000Agro-Industrial 750-2000 2001-3500 3501-5000 2001-4000 4001-7000 7001-10000Agricultural 700-1500 1501 -3000 3001 -4500 1501 -3000 3001 -6000 6001 -9000Commercial -do- -do- -do- -do- -do- -do-Institutional 600-1200 1201 -2400 2401 -3500 1201 -2400 2401 -5000 5001 -7000Residential 2/ 500-1000 1001-1500 1501-2000 1001-7000 2001-3000 3001-4000Special Proj. 1000-3500 3501-6500 6501-100001/ As per approved Sangguniang Panlalawigan (SP) or HLURB Comprehensive Land Use Plan andZoning Ordinance2/ Excludes single-detached family dwelling units.* Subject to revision when the need arises.

Minimum Medium Maximum2. Violations of the Terms and conditions 500-2000 2001 -3500 3501 -5000in clearance and all other violations on therequirements for locational clearanceB. For violations of ULRZ/APD, laws, rulesand conditions1. Selling without sales clearance 200-500 501-700 701-10002. Mortgaging without mortgage clearance 100-250 251-350 351-5003. Failure to register existing rights -do- -do- -do-C. For violations of REM laws, rules and regulations1. Failure to secure development permit1000-30003001-60006001-100002. Failure to register project-do--do--do-3. Alteration of approved development permit-do--do--do-4. Non-compliance with approved dev't. plan-do--do--do-5. Incomplete development-do--do--do-6. Non-development-do--do--do-7. Selling without license-do--do--do-8. Violation of terms/conditions of developmentpermit/license to sell-do-do--do-9. Non-delivery of title-do--do--do-10. Failure to secure mortgage clearance1000-25002501-40004001-550011. Failure to secure advertisement approval500-10001001-15001501-200012. Imposition of realty taxes on vendeecontrary to PD. 957500-1000701-800801-100013. Failure of developer, Broker or Salesmento register or renew200-500501-700701-100014. Violation of other provisions of P.D. 957 1000-30003001-60006001-10000

D. Pursuant to Art. IV Sec. 5.O of EO 648, Series of 1981 to wit:Impose Administrative Fine not exceeding twenty thousand pesos(p20,000.00) for any violation of its charter and its rules andregulations.E. Pursuant to Art. IV, Sec. 5.Q.2 of EO 648, Series of 1981, cite anddeclare any person, entity or enterprise in contempt of the Boardin the following case:1. Whenever any person entity or enterprise commits anydisorderly or disrespectful conduct before the board or in thepresence of its members or authorized representativesactually engaged in the exercise of their official functions, orduring the conduct of any hearing or official inquiry by thesaid board, at the place or near the premises where suchhearing or proceeding is being conducted which obstruct,distract, interfere or in any other way disturb, theperformance of such functions or the conduct of suchhearing or proceeding;2. Whenever any person, enterprise or entity fails or refuses tocomply with or obey without justifiable reason, any lawfulorder, decision, writ or process of the board. In connectiontherewith, it may in cases falling within the first paragraphhereof, summarily impose a fine of an amount not exceedingP2,000.00 and order the confinement of the violator for aperiod that shall not exceed the duration of the hearing orproceeding or the performance of such functions, and incases falling with the second paragraph hereof, it may, inaddition to the administrative fine abovementioned impose afine of P500.00 for each day that the violation or failure orrefusal to comply continues, and order the confinement of theoffender until the order or decision shall have been compliedwith;

4. Selling of lots in a subdivision, farmlots and memorial parks,condominium units and townhouses without license to sell oradvertising without approval and selling mortgaging, leasingor otherwise encumbering lands/properties within UrbanLand Reform Zones or Areas for Priority Developmentwithout approval/clearances from the Board;5. Misrepresentation of facts and circumstances relative to theproject at the time of application or monitoring; and6. Failure to obey or comply with the order issued by the Boardafter monitoring the existence of any violation.B. Circumstances to be Considered in the Imposition ofFines/PenaltiesIn determining whether a fine/penalty shall be imposed as well as thenature/extent/amount thereof, the following attendingfactors/circumstances shall be taken into consideration:1. The extent of impact, or gravity of the violation committed;2. The presence of attending circumstances and/or good or bad faithon the part of the violator;3. The presence or possibility of damage, prejudice or inconvenienceto residents, neighbors and/or the community in general; or thephysical, social or economic impact of the project or activity to thesurrounding land/use neighborhood;4. The implication of the continued existence of the violation on theattainment of the objectives/purposes enunciated in the law andregulations;5. The presence, nature and frequency of history of violations.

C. General Rules in Imposition of Fines/PenaltiesIn the Imposition of Fines/Penalties, the following Rules shall apply:1. In the absence of any mitigating or aggravating circumstances theMedium Range of Penalties shall apply;2. Each circumstance shall be generally considered as of equalweight, i.e., one mitigating circumstance shall be equivalent to, andshall offset or cancel an aggravating circumstance, except infollowing cases:a. Special Aggravating circumstance of repeated violation shallbe offset only by two (2) mitigating circumstances.b. Lack of foreknowledge, ignorance of the law, where any oneof the circumstances mentioned in II D.6. are absent, whichshall be considered as a privileged mitigating circumstancethat can be offset only by two (2) aggravating circumstances.3. Within each range (minimum, medium, maximum) there shall beequal sub-ranges based on project classification by land use'intensity (e.g. R1, R2, C1, C2, 11, 12, etc.) with those lowest inintensity being imposed the minimum amount for each range andthose highest in intensity, the maximum amount in the range;4. Within each sub-range shall be "High" and "Low" periods with theapplicability of the periods in question being dependent on thepresence or absence of local zoning regulations at the time theoffense is committed;5. To determine the extent of a period or a sub-range, the sum of theminimum and maximum amounts of each periods or sub-rangeshall be divided by the number of periods/sub-range to be createdand the resulting quotient shall be considered as the extent of suchperiod or sub-range, which shall then be reckoned from theminimum amount of the range or the maximum amount of thepreceding sub-range, as the case may be.

D. Circumstances Justifying Exemption From FineThe following circumstances shall be sufficient to exempt the violatorfrom liability for fines.1. Where the proponent has secured zoning/locational clearanceand/or other permits from a local zoning administrator or buildingofficial and/or other local officials with apparent authority to issuethe same, provided that:a. Said permit is secured prior to establishment of the project;b. Proponent subsequently voluntarily applies for properclearance from the Board;c. In case there are existing complaints, proper remedialmeasures shall be instituted.2. Where project is undertaken by other government agencies and/orcorporations;3. Where the project is established in municipalities without townplans/zoning ordinances provided other permits justifying itsexistence have been secured;4. Where the property is located within an APD/ULRZ but is notoccupied by qualified tenants, and is sold/mortgaged orencumbered under any of the following circumstances:a. When the sale/mortgage is between members of the samefamily or relatives (up to third degree);b. When the same arose out of partition among co-heirs andco-owners;c. When the area of the property is less than one hundred (100)square meters;

d. When the sale/mortgage or other encumbrance was due toan immediate medical emergency which require medicalexpenses or to a need to defray funeral expenses of theimmediate members of the families and extra-ordinaryexpenses in case of fire, flood and other natural calamities;5. Where non-completion of the development of a portion of thesubdivision is beyond the control of the developer such as(deterioration of peace and order, occurrence of force majeure, orthe area has been established to be illegally occupied; shortage ormaterials, extraordinary devaluation of the currency;6. Lack of foreknowledge in the establishment of any landuse/development project, and/or ignorance of the laws andregulations on locational clearance/subdivision regulationsprovided that both of the following circumstances are also present:a. either project location is in a remote area, or responsibleofficials failed to disseminate information concerningpertinent requirements; or require the same.b. Existence of analogous facts/information that may warrantexemption from fine.E. Mitigating Circumstances Justifying the Imposition of MinimumRange of FinesThe following mitigating circumstances shall warrant the Impositionof the Minimum Level of Fine:1. When the violation has very minimal adverse impact on theadjoining areas or projects or on the rights of affectedparties, if any;2. When the failure to do a required act was due to unforseenor unavoidable circumstances not totally beyond the controlof and brought about by the violator;

3. When the violation although not conforming does not poseany present danger to public health, safety, convenience andpeace and order;4. When the violation can be easily rectified, i.e., thelaw/regulation/condition can still be complied with;5. Where there was negligence on the part of the violator infalling to immediately comply with the requirements of thelaw but no adverse consequences have been noted;6. Other additional facts/informations that may mitigate theimposition of minimum range of fine.F. Aggravating Circumstances Shall Serve to Increase the Liability ofthe Violator and Authorize the Imposition of Maximum Penalties orFines1. Where the status/standing/experience and otherqualifications of the violator is such that he may be presumeto be already aware of the pertinent requirements of the lawand regulations;2. When the violator has a history of similar offenses orviolation over several occasions;3. Where no remedial/corrective measures are made despitedue notices, or even if measures are undertaken the sameare still not adequate;4. Where owner/developer fails to complete the development ofthe project without just cause or despite the grant ofextension;5. Where the violation has been established to be deliberatelycommitted or completely without any or reasonable cause;6. When the project/transaction is subject of actual complaintsfound or established to be valid after proper investigation..

G. Grounds for Reconsideration of Penalties/FinesA motion for reconsideration of an Order Imposing Penalties/Finesmay be filed on any of the following grounds:1. The penalty or fine imposed is not in accordance with norauthorized by law or existing regulations;2. The fine imposed is excessive, unreasonable, oppresive orarbitrary;3. The findings of facts do not conform to the truth or do notprovide sufficient basis for imposition of fine.H. Transitory Clemency ProvisionsAll proponents/owners/developers of projects existing at the time ofthe promulgation of this Board Resolution who secure thenecessary clearance/permits/licenses/approval within six (6)months from effectivity of this Board Resolution, or rectifyviolations of applicable standards and regulations, shall be relievedof any pecuniary liability before this Board. Thereafter, if theysecure the same within the next following six (6) months, thepenalty imposable shall be within the next two (2) ranges lowerthan that prescribed in this Board Resolution.Proponents/owners/developers of projects established within thenext six (6) months following the adoption of these BoardResolution shall likewise be entitled to exemption from and/orreduction of penalty if they secure the required within six (6)months or one (1) year respectively from the time of theirestablishment or commission of violation.

I. EffectivityThese Rules and Regulations shall take effect after its publicationfor two (2) consecutive weeks in two (2) newspapers of generalcirculation.APPROVED, 17 August 2000, Makati City.Approved:(SGD.) LEONORA VASQUEZ-DE JESUSChairperson, HUDCCEx-Officio Chairperson, HLURB(SGD.) ANTONIO GABRIEL M. LLORENTE (SGD.)ROMULO Q. M. FABULUndersecretary, DOJCommissioner andEx-Officio CommissionerChief Executive Officer(SGD.) FORTUNATO R. ABRENILLADirector, Legal Staff, NEDAEx-Officio Commissioner(SGD.)TERESITA A. DESIERTOCommissioner(SGD.) FRANCISCO L. DAGNALANCommissioner(SGD.) ROQUE ARRIETA MAGNOCommissionerAttested:(SGD.) CHARITO M. BUNAGANBoard Secretary