E-Library - Information At Your Fingertips: Printer Friendly 25 of 40 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65160 I have a question. Q: Why was it that the application was made pursuant to C-1, when you said that C-3 is for high rise and commercial buildings? A: C-1 is likewise for commercial, Your Honor. And for C-3, high density residential (sic) zone, may I read the general provision, Your Honor[?] "A C-3 shall be for a regional shopping center, which are in regional scope, or where market activities generate traffic, and require utilities and services that exten[d] beyond local boundaries and requires metropolitan level development planning and implementation."[129] Petitioners failed to support their allegation that the issued locational clearances were improperly issued. Besides, if petitioners wanted to challenge the locational clearance issued by the Planning and Development Office of Baguio City, they should have filed an appeal before the Housing and Land Use Regulatory Board. While Executive Order No. 72 may have devolved the agency's power to issue locational clearances to cities and municipalities, it did not remove its appellate jurisdiction over actions of local and regional planning and zoning bodies. Iloilo City Zoning Board of Adjustment and Appeals v. Gegato-Abecia Funeral Homes, Inc.[130] explained: Clearly therefore, what were devolved to local government units were only the powers and responsibilities specifically stated in Section 1 of E.O. No. 71, as well the authority of the HLURB to issue locational clearance for locally significant projects as provided in Section 3 of E.O. No. 72. The power to act as appellate body over decisions and actions of local and regional planning and zoning bodies and deputized official of the board was retained by the HLURB and remained unaffected by the devolution under the Local Government Code. Moreover, the fact that the Rules of Procedure of the HLURB does not categorically provide for a procedure on the remedy of appeal from decisions of local government units will not operate to divest the HLURB of the appellate jurisdiction specifically granted to it by law. It must be stressed that no rule or regulation may alter, amend, or contravene a provision of law. Implementing rules should conform, not clash, with the law that they implement.[131] (Citations omitted) As the agency mandated with establishing standards and guidelines for land use plans and zoning ordinances, the Housing and Land [Use Regulatory Board has the necessary knowledge and expertise to pass judgment upon questions within its sphere of expertise.[132] Questions on which zone the SM Pines Resort Project and 4/23/2020, 10:52 AM