AMENDING MMDA REGULATION NO. 98-007 ENTITLED “INCREASING THE RATE OF FILING AND PROCESSING FEES OF ZONING CLEARANCE AS ORIGINALLY PROVIDED FOR IN MMC ORDINANCE NO. 81-01, OTHERW…

WHEREAS, the raes of fees, and charges being collected
by the Authority are no longer commensurate with the expenses involved
in the rendition of services due to inflation;

WHEREAS, on January 13, 2000, President Joseph E.
Estrada issued Executive Order No. 197, directing all Departments,
Bureaus, Offices, Agencies and Units including government-owned or
controlled corporations to review and upgrade their rate of fees and
charges by not less than twenty percent (20%);

WHEREAS, the Office of the Assistant General Manager for
Planning made a study on the existing raten of filing and processing
fees for zoning clearance as provided for in MMDA Regulation 98-007 and
strongly recommended that adjustment be done on the existing rates to
cover the administrative cost incurred in the exercise of the regulatory
functions on zoning;

NOW, THEREFORE, pursuant to Section 6 of RA 7924, this
Amendatory Regulation is hereby promulgated and adopted by the Metro
Manila Council as follows:

SECTION 1. Section 1 of MMDA Regulation No. 98-007b is hereby amended to read as follows:

“Section 1. The rate of filing, land use and
processing fees for location clearance as prescribed in MMDA Regulation
No. 98-007 shall be as follows:

a. Filing Fee

1. For location clearance	P100.00
2. For motion for reconsideration	P200.00
3. For petition/ request for classification	P1,250.00
4. For filing complaint exept those involving pauper lititgant which shall be free of charge	P100.00

b. Land Use Fee

1. Residential (single, detachment and duplex type)	P1.50/ sq.m. of total floor area
2. Commercial establishments, including apartments, mass housing, townhouses, constructed primarily of grain purposes	P3.00/sq.m. of total floor area
3. Industrial establishment	P4.10/ sq.m. of total floor area
4. Institutional (schools, hospitals, etc.)	P2.00/sq.m. of total floor area
5. Memorial Parks/Cemeteries	P0.05/sq.m. of total land area
6. Agro-Industrial
a. Manufacturing	P4.10/sq.m. of total floor area
b. Nin-Manufacturing	P2.00/sq.m. of total land area
7. Telecommunications/Tower	P4.10/sq.m. of total base
8. Billboard	P0.50/sq.ft.
9. Yards utilized for industrial purposes	P2.00/sq.m. of total land area
10. Yards utilized for commercial purposes	P1.20/sq.m. of total land area
11. All types of renovation	75% of the corresponding prescribed rate

c. Processing Fee – Twenty five percent (25%) of the
corresponding prescribed Land Use fee shall be paid for processing of
all clearances.

For Temporary Use Permit (TUP), the same rate of processing fee shall be applied for every annual renewal.

d. Certificate Fee – For each certifiacte of conformance/ non-conformance and all other certifications issued. P45.00

SECTION 2. Section 2 of MMDA Regulation No. 98-007 is hereby amended to read as follows:

“Sec. 2. Violations and Administrative Penalties
– Any applicant, proponent, prorietor, owner or representative who
commits any of the following acts shall after due notice be punished by a
fine in accordance with the following schedule:

2.1 For undertaking any activity or project in violation of MMC
Ordinance No. 81-07 as amended, otherwise known as the Revised Zoning
Ordinance for the National Capital Region:

2.1.1 Unathorized expansion or alteration of any activity
formerlwy covered by a certificate of non-conformance… a fine of not
less than P2,000.00 nor more than P5,000.00

2.1.2 For commercing or undertaking any project without
having first secured a locational clearance…a fine of not less than
P2,000.00 nor more than P10,000.00 in case of commercial, industrial and
institutional projects or according to the following pahses of
construction:

a. Excavation for foundation	P2,000.00
b. Construction for foundatioan (including file driving and laying of reinforcing bars)	P3,000.00
c. Construction of structure up to 2 meters above established grade	P5,000.00
d. Construction of structure more than 2 meters and completed structures (100% finished)	P10,00.00

2.1.3 For home/cottage insdustry or incidental home occupation and auxilliary uses – P500.00

2.1.4 All types of residential structures – P1,000.00

2.1.5 All types of commercial and industrial structures 100 sq.mts. – P10,000.00

2.2 For refusing admission within any premises subject to inspection by a duly authorized inspector

2.2.1 Fraud or misrepresentation as to use – P,5000.00

2.2.2 Fraud or misrepresentation as to floor area – P5,000.00

2.2.3 Fraud or misrepresentation as to location – P5,000.00

2.2.4 Non-disclosure of any material fact – P2,000.00

2.3 For refusing admission within any premises subject to inspection by a duly authorized inspector

2.3.1 First refusal – not exceeding P2,000.00

2.3.2 Subsequent refusal – P5,000.00

2.4 For failing or refusing, without justifiable reason, to
appear during a proceeding before the Metro Manila Zoning Administrator
or his duly authorized officers – A fine of not more than P2,000.00

2.5 For failing to renew the Temporary Use Permit (TUP) on the
date sepcified and stamped on the TUP – A fine equivalent to 50% of the
prescribed fee but in no case lower than P500.00

If the violation is committed by a firm, corporation or
partnership, the managing partners, directors or any other person in
charge with the management thereof shall be held responsible.
Professionals who are in charge of the project, if found to be
constructing any structure without the necessary locational clearance in
violation of this Regulation, shall be held liable and the case will be
referred to the Professional Regulation Commission (PRC) for
appropriate action. Building officials found to be issuing building
permits wihtout the required locational clearance shall be likewise be
held liable and the case will be referred to the City/ Municipal Mayor
concerned for appropriate action.

SECTION 3. Section 2 and 3 of the MMDA Regulation 98-007 are hereby renumbered as Sections 3 and 4, respectively.

SECTION 4. Effectivity – This regulation shall
take effect fifteen (15) days after publication in two (2) newspapers of
general circulation in Metro Manila.

Adopted: 4 May 2000

	(SGD) JEJOMAR C. BINAY Chairman
(SGD) BENJAMIN C. ABALOS, JR. Member Mayor, City of Mandaluyong	(SGD) ELENITA S. BINAY, M.D. Member Mayor, City of Makati	(SGD) WENCESLAO B. TRINIDADN Member Mayor, City of Pasay
(SGD) VICENTE P. EUSEBIO Member Mayor, City of Pasig	(SGD) REYNALDO O. MALONZO Member Mayor, Caloocan CIty	(SGD) VERGEL A. AGUILAR Member Mayor, City of Las Piñas
(SGD) JOSE T. CAPCO, JR Member Mayor, Pateros	(SGD) BOBBIT L. CARLOS, M.D. Member Mayor, City of Valenzuela	(SGD) BAYANI F. FERNANDO Member Mayor, City of Marikina
(SGD) RICARDO D. PAPA, JR. Member Mayor, Taguig	(SGD) AMADO S. VICENCIO Member Mayor, Malabon	(SGD) OSCAR G. MALAPITAN Member President, MM Vice Mayors League
	(SGD) NARCISO C. BERNARDO Member President, MM Councilors League