DILG MC 2019 177 - Barangay Clearance 1
DILG MC 2019 177 - Barangay Clearance 1
DILG MC 2019 177 - Barangay Clearance 1
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RepublicofthePhilippines l> OFFICIAL
DEPARTMENT OF nm INTERIOR AND LOCAL oo LE
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DILG-NAPOLCOM Center, IIDSA comer Qµewn Avenue.West Triangle, Qµewn ignature 0-
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GUIDELINES IN THE INTEGRATION OF THE ISSUANCE OF BARANGAY CLEARANCPO!.>,"°-::,O
IN THE PERMlmNG PROCESSES OF CITIES AND MUNICIPALITIES
Memorandum Circular No: 2019-177
Date: October 17, 2019
1. Background
This direction is consistent with the Ease of Doing Business and Efficient Delivery of
Government Services (EODB/EDGS) Act or RA 11032 which was signed into law by
the President on May 28, 2018. The law covers all government offices and agencies
including local government units (LGUs), government-owned and controlled corporations
and other government instrumentalities whether located in the Philippines or abroad,
that provide services covering business and non-business-related transactions in
government.
DILG also issued two (2) Joint Memorandum Circulars (JMC) to streamline business
and construction-related permits namely: DILG-DTI-DICT JMC No. 01 s. of 2016
(Revised Standards in Processing Business Permit and licenses in all Cities and
Municipalities) and DILG-DPWH-DICT-DTI JMC No. 2018-01: (Guidelines in Streamlining
the Processes for the Issuance of Building Permits and Certificates of Occupancy)." One
of the complementary reforms mentioned on both JMCs is the integration of the issuance
of Barangay Clearance in the LGU Permitting Process.
2. Purpose
2.1 This Memorandum Circular is issued to provide guidelines and standard processes
in compliance to Section 11 (f) of RA 11032 which states that "Barangay clearances
and permits related to doing business shall be applied, issued and collected at
the city/municipality in accordance with the prescribed processing time of this
Act: Provided, That the share in the collections shall be remitted to the
respective barangays".
FM.QP-AB-41.(}2jlwv.OO/ED10.DL2<n5
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''The President of the Philippines shall exercise general superv1s1on over local
governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays shall ensure that
the acts of their component units are within the scope of their prescribed powers
and functions."
(RA 7160) Section 25 (a) National Supervision over Local Government Units
"Consistent with the basic policy on local autonomy, the President shall exercise
general supervision over local government units to ensure that their acts are
within the scope of their prescribed powers and functions. The President shall
exercise supervisory authority directly over provinces, highly urbanized cities, and
independent component cities; through the province with respect to component
cities and municipalities; and through the city and municipality with respect to
barangays."
3.3 Ease of Doing Business and Efficient Delivery of Government Services (EODB
EDGS/RA 11032)
Section ll(f) states that "Barangay clearances and permits related to doing
business shall be applied, issued and collected at the city/ municipality in
accordance with the prescribed processing time of this Act: Providedl That the
share in the collections shall be remitted to the respective barangays".
Pertinent provisions of RA 7160, specifically Art. IV, Sec 152(c) is hereby amended
accordingly.
3.5 DILG-DPWH-DICT-DTI JMC 2018-01 "Guidelines in Streamlining the Processes for the
Issuance of Building Permits and Certificate of Occupancy"
FM--<ll'-,IIB-41 .00/ED10.01.2015
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Republic of thePhilippines
DEPARTMENT OFTHE INTERIOR AND LOCAL GOVERNMENT
DJLG-NAPOLCOM Center, EDSA comer Q!lezon Avenue, West.Triangle, Qµezon City
http://www.dilg.gov.ph
Under Pillar 1: Enhancing the Social Fabric (Malasakit), the PDP 2017-2022 includes
strategies "to reduce corruption, achieve seamless service delivery, enhance
administrative governance, strengthen the civil service, and fully engage and
empower citizens".
4. Scope/Coverage
This policy applies only to the issuance of Barangay Clearance for business permit
and locational clearance (as a requirement for the issuance of building permit) at the
City/Municipality. Other clearances for other purposes shall still be obtained at the
Barangay.
This Circular shall cover all City and Municipal Mayors, Punong Barangays, Concerned
Local Officials, DILG Regional Directors and BARMM Minister of Local Government and
all others concerned.
S. Definitions
5.2 Barangay Clearance refers to any and all documents issued by the barangays with
or without corresponding fees as defined in their ordinances relative to or in
relation to the issuance of business permit and locational clearance by the
city/municipality or any other permit as may be required. (IRR OF RA 11032)
5.3 Barangay Clearance Fee is anamount imposed by the barangays through an ordinance
and collected by the city/municipality in relation to the issuance of business permit
and locational clearance by the city/municipality.
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Republic of the Philippines
DEPARTMENT OFTHE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Center. EDSA comer Q!iezon Avenue. West. Triangle. Qµezon City
httpJ/www.dilg.gov.ph
5.6 Business One-Stop Shop (BOSS) refers to a single common site or location, or a
single online website or portal designated for the Business Permit and Licensing
System (BPLS) of a Local Government Unit (LGU) to receive and process
applications, receive payments, and issue approved licenses, clearance, permits or
authorizations. (IRR of
RA 11032)
5.7 Business Permit is a document that must be secured from the city or municipal
government, usually through its Business Permits and Licensing Office (BPLO), for a
business to legally operate in the locality. ( IRR of RA 11032)
5.8 Joint Inspection Team (JIT) refers to a composite team whose members come from
the various city/municipality departments implementing business-related
regulations and local units of national agencies created and authorized by
city/municipality through an Executive Order or Ordinance to conduct joint
inspection of business enterprises instead of individual/separate inspection.
(DILG OTI-DICT JMC 2016-01)
5.11 Working Day refers to a day where officers and employees are required to render
work. (IRR of RA 11032)
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Republic of the Philippines
DEPARTMENT OF TIIE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Center, EDSA comer Qµezon Avenue, West Triang)e. Q!Jewn City
http://www.dilg.gov.ph
All Cities, Municipalities and Barangays shall observe the following standards in the
issuance of Barangay Clearance in Business Permit and Licensing System and
Building Permit and Certificate of Occupancy (BPCO) Processes of Crties and
Municipalities.
The BPLO shall notify the concerned barangay immediately for the
issuance of barangay clearance for new application for Business Permit.
FM<IP-A8-41-41./ll,v. 10.01.20l5
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Republicof the Philippines
DEPARTMENT OFTIIE INTERIOR AND LOCAL GOVERNMENT
DII.G-NAPOLCOM Center, EDSA comer Qµezon Avenue, West.Triangle, Q!Jezon City
httpJ/www.dilg.gov.ph
6.1.2.1. The Zoning Officer of the LGU shall notify concerned Barangay for the
issuance of Barangay Clearance for any application for Locational
Clearance for Building Permit.
6.2.1 The payment for the Barangay Clearance Fee is integrated in The Order
of Payment (ToP) for Business Permit and Building Permit, together with
the other authorized fees and charges.
6.3.1Cities/Municipalities
FM-QP-AB-41.(J2/R,,o,.oq/ED.10.0LJ01S
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6.3.2 Barangays
FM-OP--AB-41--01/llev.oq/EDl0.01.2015
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Republicof thePhilippines
DEPARTMENT OFTHE INTERIOR AND LOCAL GOVERNMENT
Dll.G-NAPOLCOMCenter. EDSA comer Q!iemnAveuue, Wat.Triangle, Qµezon City
http://www.dilg.gov.ph
6.3.2.5.1 Monitor and ensure that all business operations and structure
constructed is consistent of what was applied for.
7. Regional Offices
All regional and provincial offices of DILG are hereby directed to cause the
immediate and widest dissemination of this Memorandum Circular to all cities
and municipalities.
8. References
8.1 Republic Act 11032 or the Ease of Doing Business and Efficient Delivery of
Government Services (EODB/EDGS) Act
F-1-02/lltt.0Q/£010.01.2015
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Republic of thePhilippines
DEPARTMENT OFTHE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Cente£, EDSA cmner Quezon Avenue, West.Triangle. Quezon City
http://www.dilg.gov.ph
8.5 A Guide to Comprehensive Land Use Plan Preparation, Volume 3 (Model Zoning
Ordinance} by Housing and Land Use Regulatory Board (HLURB}
9. Annexes
10. Effectivity
Secreta 7
Department of the lnterioHnd Local Government
12.Feedback
For related concerns, kindly contact the Bureau of Local Government Development
Department of the Interior and Local Government at telephone number (02) 8925- 0356
or at Telefax number (02} 8927-7852 and/or email at localfiscal.blgd@gmail.com.
FM-<ll'-AIM1 -0CVED10.02.2015
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PROPOSED CITY ORDINANCE NO. _
Series of 2019 ANNEX 1
AN ORDINANCE ON COLLECTION OF CORRESPOND/NG BARANGAY CLEARANCE FEE IN THE
APPL/CATION FOR ANY BUSINESS RELATED TRANSACTIONS
WHEREAS, there is a need to streamline/simplify the process of business registration in the City of
toprovide a more efficient and effective revenue collection and to promote a
friendlier atmosphere for taxpayers and investors;
WHEREAS, when regulations are simple and transparent entrepreneurs need not to suffer from
red tape and time consuming transactions;
WHEREAS, the EODB ACT of 2018 or Republic Act 11032, otherwise known as "An Act Promoting
Ease of Doing Business and Efficient Delivery of Government Services was signed into law seeks to
make the process of putting up and running a business in the Philippines easier and more efficient.
WHEREAS, Section ll(f) of RA 11032 provides that "Barangay clearances and permits related to
doingbusiness shall be applied, issued and collected at the City/Municipality in accordance with
the prescribed processing time of said Act. Provided, that the share in the collections shall be
remitted to the respective barangays; and
SECTION 1. Coverage. This policy applies only to the issuance of Barangay Clearance for business
permit and locational clearance (as a requirement for the issuance of building permit) at the
City/Municipality. Other clearances for other purposes shall still beobtained at the Barangay.
This Circular shall cover all City and Municipal Mayors, Punong Barangays, Concerned Locai
Officials, DILG Regional Directors and BARMM Minister of Local Government and all others
concerned.
SECTION 2. Definition of Terms. The words and phrases used in this ordinance are hereby defined
as follows:
Barangay Clearance - refers to any and all documents issued by the barangays with or
without corresponding fees as defined in their ordinances relative to or in relation to the
issuance of business permit and locational/zoning clearance by the city/municipality or any
other permit as may be required. (IRROF RA 11032)
Business Permit - is a document that must be secured from the city or municipal government,
usually through its Business Permits and licensing Office (BPLO), for a business to legally operate
in the locality. (IRR of RA 11032)
SECTION 4. Rate of Barangay Clearance Fee to be Collected - The rate of Barangay Clearance
Fee to be collected by the City/Municipality for the issuance clearance shall be computed in
accordance with the subject Barangay Revenue Ordinance herein attached as "Annex A", and
made as an integral part hereof.
SECTION 6. Reporting and Remittance - The City/Municipality shall remit the Barangay Clearance
Fee collected to the subject Barangay not later than seven (7) working days of the ensuing
month with the list ofthe issued Building and Business Permit..
SECTION 7. Separability Clause. -If for any reason, a part of this Ordinance is declared illegal
or invalid, other parts or provisions hereof which are not affected thereby shall remain valid and
in full force and effect.
SECTION 8. Repealing Clause. -All previous Ordinance and rules/ regulations which are
inconsistent with the provisions of this ordinance are hereby deemed, modified or repealed
accordingly.
SECTION 9. Effectivity Clause. -This Ordinance shall take effect fifteen (15) days after its
publication.
ENACTED.
2019.
, Metropolitan Manila.
Sanggunian Secretary
APPROVED:
City/Municipality Mayor
PROPOSED BARANGAY ORDINANCE NO. _
Series of 201 ANNEX 2
AN ORDINANCE AUTHORIZING THE CITY/MUNICIPALITY OF TO ISSUE
BARANGAY CLEARANCE AND COLLECT CORRESPONDING BARANGAY CLEARANCE FEE IN
THE APPL/CATION FOR ANY BUSINESS RELATED TRANSACTIONS SUBJECT TO THE
REMITTANCE OF THE AFORESAID FEES TO THE BARANGAY AND THE CONDITIONS
HEREUNDER
WHEREAS, under Section 152 (C) of the Local Government Code states that:
"(c) Barangay Clearance. - No city or municipality may issue any license or permit
for any business or activity unless a clearance isfirst 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 daysfrom thefiling 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."
WHEREAS, the EODB ACT of 2018 or Republic Act 11032, otherwise known as "An Act Promoting
Ease of Doing Business and Efficient Delivery of Government Services, Amending for the Purpose of
Republic Act No. 9485" was duly enacted;
WHEREAS, Section ll(f) oftheabove-mentioned Republic Act duly amended the Section 152 (c)
of the local Government Code, and provides that "Barangay clearances and permits related to
doing business shall be applied, issued and collected at the City/Municipality in accordance with
the prescribed processing time of said Act. Provided, that the share in the collection shall be
remitted to respective Barangays; and
SECTION 1. Coverage. This policy applies only to the issuance of Barangay Clearance for
business permit and locational clearance (as a requirement for the issuance of building permit) at the
City/Municipality. Other clearances for other purposes shall still beobtained at the Barangay.
This Circular shall cover all City and Municipal Mayors, Punong Barangays, Concerned Local
Officials, DILG Regional Directors and BARMM Minister of local Government and all others
concerned.
SECTION 2. Definition of Terms. The words and phrases used in this ordinance are hereby defined
as follows:
Barangay Clearance - refers to any and all documents issued by the barangays with or without
corresponding fees as defined in their ordinances relative to or in relation to the issuance of
'--"'
business permit and locational/zoning clearance by the city/municipality or any other permit as
may be required. (IRR OF RA 11032)
Barangay Clearance Fees- is an amount imposed by the barangays through an ordinance and
collected by the city/municipality in relation to the issuance of business permit and
locational/zoning clearance by the city/municipality.
Business Permit - is a document that must be secured from the city or municipal government.
usually through its Business Permits and Licensing Office (BPLO), for a business to legally operate
in the locality. (IRR of RA 11032)
SECTION 4. Rate of Barangay Clearance Fee to be Collected - The rate of Barangay Clearance
Fee to be collected by the City/Municipality for the issuance clearance shall be computed in
accordance with the subject Barangay Revenue Ordinance herein attached as "Annex A", and
made as an integral part hereof.
SECTION 6. Reporting and Remittance - The City/Municipality shall remit the Barangay Clearance
Fee collected to the subject Barangay not later than seven (7) working days of the ensuing
month with the list of the issued Building and Business Permit..
SECTION 7. Separability Clause. -If for any reason, a part of this Ordinance is declared illegal
or invalid, other parts or provisions hereof which are not affected thereby shall remain valid and
in full force and effect.
SECTION 8. Repealing Clause. -All previous Ordinance and rules/ regulations which are
inconsistent with the provisions of this ordinance are hereby deemed, modified or repealed
accordingly.
SECTION 9. Effectivity Clause. -This Ordinance shall take effect fifteen (15) days after its
publication.
ENACTED.
2019.
,Metropolitan Manila.
Punong Barangay
Barangay Kagawad Barangay Kagawad