Requirement for Concrete Proof of Existence of Right-of-Way Over Access Roads and Drainage Outfalls
The HLRB Memorandum Circular No. 09-89, issued by Commissioner Ernesto C. Mendiola, mandates that developers applying for permits must provide concrete proof of permanent right-of-way for access roads and drainage outfalls for their subdivision projects. Specifically, they must submit documentation such as titles or deeds of easement to demonstrate their legal rights to the right-of-way. Additionally, developers are required to prove that their drainage systems are either connected to a natural water body or integrated with an approved drainage system, or that they possess a legally recognized right-of-way over adjoining properties. The memorandum emphasizes the need for a proper system and guidelines to implement these requirements effectively.
Law Information
- Reference Number
- HLRB Memorandum Circular No. 09-89
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Housing
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
1989
HLRB MEMORANDUM CIRCULAR NO. 09-89
| TO | : | All Concerned |
| FROM | : | Ernesto C. Mendiola |
| Commissioner and | ||
| Chief Executive Officer | ||
| SUBJECT | : | Requirement for Concrete Proof of Existence of Right-of-Way Over Access Roads and Drainage Outfalls |
To be assured that subdivision projects which do not abut a public road or street nor a natural body of water to accommodate its drainage outfall discharges, shall have access to the same, as a last resort via a right-of-way through the road/system of another subdivision project of a different owner, the Board of Commissioner arrived at Resolution No. R-433 dated 16 May 1989 and titled "Requiring Concrete Proof of Existence of Right-of-Way Over Access Roads and Drainage Outfalls".
Abovecited Resolution is quoted in full, to wit:
"Be it Resolved, as it is hereby resolved by this Board in herein session duly assembled:
"1. To require owners/developers applying for development permits to present adequate and satisfactory proof of permanent right-of-way or access to his/its proposed project, and submit documentation proving its legal rights thereto such as copy of title or deed of easement of right-of-way;
"2. To similarly require owners/developers to present satisfactory and adequate proof that his/its drainage outfall discharges to a natural body of water or is properly interconnected with a duly approved drainage system, or has a legally constituted right-of-way over the adjoining property.
"Be it Resolved further, to ask the management of this Board to formulate proper system, procedures and guidelines, and prescribe appropriate forms to carry out this resolution."
For strict and immediate compliance.
(SGD.) ERNESTO C. MENDIOLA
Cite This Law
Requirement for Concrete Proof of Existence of Right-of-Way Over Access Roads and Drainage Outfalls, HLRB Memorandum Circular No. 09-89 (Philippines)
Requirement for Concrete Proof of Existence of Right-of-Way Over Access Roads and Drainage Outfalls, HLRB Memorandum Circular No. 09-89 (Phil. )
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