Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

A. Francisco Gold Condominium Bldg, EDSA
corner Mapagmahal St., Oiliman, euezon City

L[.6ALSERVICE
DILG OPINION NO. 94 S. 2O1O
tJutt
II 2o'to
PB ALUTN M. CERAFICA
Barangay Palingon-Tipas
Taguig City

Dear PB Cerafica:

This has reference to your earlier letter asking the Department,s legal
opinion on issues relative to the issuance of barangay clearance.

Per your letter, the officers of a certain Villa Miranda Homeowners

Association (VMHA) in your place sold lots to its members on an installment basis
without however securing the necessary permits and clearances from the
concerned government agencies/ in utter violation of the National Building Code.
You represented further that even after the issuance of the cease and desist
order to build structures pending the VMHA's submission of the necessary
requirements, clearances, permits and other uecessan)/ documents, VMHA
continued to build houses and other structures.

Whert the time has come for the homeowners themselves would secure
clearances from your barangay for personal purposes, police clearances,
business permits, registration for City Card, voter's registration, etc., you refuse
to issue barangay clearance to them since, according you, they were not bona
fide residents therein as the manner of their land acquisition and house
construction was. in defiance of the barangay and city ordinances and laws
promulgated by the national government. On the other hand, residents of the
VMHA are asking your office to consider their plight, as they were made to
believe by the officers of the association that everything was done in order and
in compliance with the law.

Hence, under the circumstances given above, you are now asking this
Department's legal opinion on whether your olfice may not issue barangay
clearances in favor of the abovementioned residents of the VMHA.

At the outset, may we invite your attention to Section 152 (c) of the Local
Government Code of 1991 (RA 7160), thus:

"SECTION LS2. scope of Taxj.ng powers.-The

barangays may levy taxes, fees, and charges, as provided in
this Article, which shall exclusively accrue to them:

(c) aarangay Clearance.-No city or municipality may

issue any license or permit for any business or activity unless
a clearance is first obtained from the barangay where such
 business or activity is located or conducted. For such
clearance, the sangguniang barangay may impose a reasonable
fee. The application for clearance shall be acted upon within
seven {7) working days from the filing thereof. In the event
that the clearance is not issued within the said period, the
city or municipality may issue the said license or permit."
xxx

Based on the aforequoted provisiorr, a barangay clearance is a fee, It is

imposed primarily for regulation purposes. It is one of the several requirements
in securing a business permit from the city or municipality so that without which
the mayor's permit cannot yet be issued save, of course, in the case provided
under the last sentence of the aforequoted section 152 (c) of the Local
Government code of 1991. In the last sentence of section 152 (c) of the code,
the city or municipality may already issue the business permit if the barangay
clearance is not issued by the barangay concerned within seven (7) working dayi
from the filing thereof.

It
is also discernibie from the aforequoted provision of the Code that an
appljcation for a barangay clearance may be denied by the barangay. However,
the code did not mention the instances wherein an application for barangay
clearance may be refused by the punong Barangay.

In this regard, it is our consistent view that if there is a national Iaw or an

ordinance violated, the Punong Barangay cannot issue a Barangay Clearance.

May We note however that in your case, it was the officers of VMHA who
failed or refused to secure the necessary requirements before building houses
and other structures, hence, in utter violation of the National Building code and
your city and/or barangay ordinances. Equity therefore dictates that said officers
of vMHA should be made to suffer the consequences of their violation (e.g, non-
issuance of a Barangay clearance in their favor). we find it inequitable if the
residents therein should also be refused from issuance of barangay clearance on
this ground it appearing that the officers of the association misrepresented to
them that everything was done in order and in compliance with the law, when in
truth and in fact, this was not the case.

We hope this finally settles your concern.

Very truly yours,

BY AUTHORITY OF THE SECRETARY:

-r- n-,
B. DOQUE lV
or lll
Copy furnrshed:
Usec. Eduardo F. Soliman, Jr
DILG,NCF
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