City officials recently urged the City Planning and Development Office (CPDO) to apply the principle of non-impairment of vested rights to issue zoning certification or clearance for valid and legal purposes to residents of Balacbac, Sto. Tomas Proper barangay and other similarly situated areas in the city who have been occupying their lands which are classified as residential prior to the enactment of Ordinance No. 63, series of 2016, otherwise known as the Comprehensive Zoning Ordinance of the city, as long as the land being applied for is alienable and disposable as identified by the Department of Environment and Natural Resources (DENR).
Under Resolution No. 451, series of 2023, local legislators stated that among the problems encountered by residents applying for land titling in the city include is the alleged disqualification of their land classification provided for in the approved City Land Use Plan (CLUP) which is reportedly in conflict with the existing policies of other approving agencies.
The council also requested the CPDO to include in their budget the funding for a regular collaborative engagement with other concerned agencies in coming up with harmonized guidelines and policies for applicants of various land concerns in the city.
Earlier, the city’s legislative body considered the manifestation of resource persons relative to the classification of Sto. Tomas Proper barangay as vacant forested area under Ordinance No. 63, series of 2016 that serves as a hindrance in the processing of the titling of the lands of concerned residents even if they had been occupying their land prior to the enactment of the city’s zoning ordinance several years ago.
According to the council, it is appropriate for the said office to apply the non-impairment of vested rights in the issuance of zoning certificates or clearances to residents of the said barangay and other similarly situated barangays to applicants for the titling of their lands they had been occupying for several years prior to the approval of the city’s zoning ordinance.
