Sanggunian, not DENR approves subdivision plans

April 4, 2022 Metro BLISTT

The power to approve subdivision plans for residential, commercial, or industrial purposes and other development purposes within the city is granted to the Sangguniang Panlungsod ng Baguio, the legislative body of the City Government of Baguio.
This was stressed by Engr. Elias Aoanan of the City Planning Development Office (CPDO) during the council’s regular session last Monday.
The topic was brought up during the discussion about the application of Phoenix Land Corporation for a development permit over a land with a lot area of 342 sqm located at Sto. Tomas Road, Green Valley.
Aoanan disclosed that the subdivision plan of the corporation had been approved by the Department of Environment and Natural Resources (DENR).
He cited the Local Government Code of 1991 (Republic Act 7160) and Executive Order No. 71, stressing that the city council should have approved the said subdivision plan, not the DENR. Under Section 447 of the Local Government Code, the Sangguniang Panlungsod shall “process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes.”
Also, EO No. 71 categorically states that the local government unit shall approve the “subdivision schemes and development plans of all subdivisions, residential commercial, industrial and for other purposes of the public and private sectors” by the provisions of Presidential Decree No. 957, as amended.
This is one of the powers of the Housing and Land Use Regulatory Board (HLURB) devolved to the local government unit by EO No. 71.
Earlier, Atty. John Christian Tolentino, the representative of the Phoenix Land Corporation, applied for a simple subdivision at Sto. Tomas Rd., Green Valley Barangay. Aonan said there is no need for the city council to approve the subdivision plan since it had already been approved by the DENR.
He explained that the company had divided the total area into three sections to be offered for sale to private individuals. During the said session, Councilor Betty Lourdes Tabanda raised several concerns about the requirements imposed by the CPDO on the Phoenix Land Corporation such as the requirement for a 70% saleable and 30 % non-saleable ratio which is not needed for “simple” subdivisions.
Aoanan said they will rectify these erroneous details in their report. It was agreed that only the corrected technical report will be submitted to the city council for approval since the subdivision scheme had already been approved by the DENR.
Kristine Sibayan & JGH