December 10, 2022

The power to approve subdivision plans for residential, commercial, or industrial purposes and other development purposes is granted to the legislative body of local governments, not to any agency of the government.
This was stressed by Engr. Elias Aoanan of the City Planning Development Office during the council’s session last March 29.
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 square meters located at Sto. Tomas Road, Green Valley. 
Aoanan said the subdivision plan of the corporation had been approved by the Department of Environment and Natural Resources.
But in the Local Government Code and Executive Order 71, Aoanan said the city council, not the DENR should have approved the subdivision plan.
Section 447 of the Local Government Code states the council shall process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes,” while EO 71 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 in accordance with the provisions of Presidential Decree 957, as amended.
This is one of the powers of the Housing and Land Use Regulatory Board devolved to LGUs by virtue of EO 71.
Earlier, Phoenix Land Corporation representative John Christian Tolentino submitted an application for a simple subdivision at Sto. Tomas Road, Green Valley. 
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 the company had divided the total area into three sections to be offered for sale to private individuals. 
During the session, Councilor Betty Lourdes Tabanda raised several concerns about the requirements imposed by the CPDO to the Phoenix Land Corporation such as the requirement for a 70 percent saleable and 30 percent 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 and Jordan G. Habbiling