Decision
29
G.R. No. 215988
Zoning ordinances are integral to urban planning. Their pnmary
purpose is to regulate land use to ensure the general welfare of the
community. By creating distinct zones and ensuring strict compliance, the
local government can control the growth and development of its territory,
optimizing its potential without sacrificing the safety and comfort of its
constituents.
Executive Order No. 72, Series of 1993 (Providing for the Preparation
and Implementation of the Comprehensive Land Use Plans of Local
Government Units Pursuant to the Local Government Code of 1991 and
other Pertinent Laws) devolved the power of the Housing and Land Use
Regulatory Board to issue permits and locational clearances for local
projects to cities and municipalities with approved comprehensive land use
plans. 124
The Planning and Development Office of Baguio City was tasked
with the preparation of the Comprehensive Land Use Plan 125 and its
implementation based on the Zoning Ordinance. 126 It performs the
discretionary act of issuing a zoning compliance certification or a locational
clearance based on its interpretation of the Zoning Ordinance. 127
Here, Engineer Cayat, the officer-in-charge of the Planning and
Development Office of Baguio City, testified that a zoning clearance was
issued to the SM Pines Resort Project on Luneta Hill as it conformed to both
the Comprehensive Land Use Plan and the Zoning Ordinance. 128 She
testified:
[Court]: Which means that it conforms to all the requirements of your
Office?
[Engr. Cayat]: Yes, Your Honor.
124
125
126
127
12s
Executive Order No. 72 (1993), sec. 3 provides:
SECTION 3. Plan implementation. - (a) The authority of the HLRB to issue locational
clearances for locally-significant projects is hereby devolved to cities and municipalities with
comprehensive land use plans reviewed and approved in accordance with this Order. Such cities and
municipalities shall likewise be responsible for the institution of other actions in the enforcement of the
provisions thereof. For this purpose, they may call on the HLRB and such other NGAs for any legal
and technical assistance.
Based on established national standards and priorities, the HLRB shall continue to issue locational
clearances for projects considered to be of vital and national or regional economic or environmental
significance. Unless otherwise declared by the NEDA Board, all projects shall be presumed locallysignificant.
b) All fees and other charges previously collected by the HLRB for the issuance of locational
clearances shall now accrue entirely to the city or municipality concerned.
(c) Within sixty (60) days from the effectivity of this Order, the HLRB shall design and install an
information system to monitor (I) changes in the actual use of land resources; and
(2) the implementation of comprehensive land use plans by LGUs with a view to ensuring
compliance with national policies, standards, and guidelines.
Rollo p. 536.
Id. at 529-531.
Id. at 537-539.
Id.
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