There is no hindrance to Globe’s cell site construction in Bgy. Plainview, Mandaluyong City.
Mandaluyong Councilor Roehl B. Bacar revealed this as he explained that applications for the construction of telecommunications tower infrastructure, among others, are not required to secure a Building Permit, Fire Safety Evaluation Clearance, Barangay Clearance, or Locational Clearance.
Bacar said this is provided under a Joint Memorandum Circular (JMC), Sangguniang Panlungsod resolution and Sangguniang Barangay Resolution, which has been reiterated in a Mandaluyong City resolution.
“Our office has reviewed (i) Barangay Resolution No. 33. (s. 2019) (“Barangay Resolution”) issued by the Barangay Council of Barangay Plainview, Mandaluyong City, (ii) Globe Telecom, Inc.’s Position Paper dated June 22, 2021, and (iii) Comment dated June 28, 2021 issued by the Engineering and Building Official Department of the City Government of Mandaluyong.
“The Barangay Resolution was issued on July 19, 2019 and was referred to the Committee on Telecommunication on September 2, 2019.
“Upon review of relevant laws, it appears that the Barangay Resolution has been superseded by Republic Act Nos. 11469 (2020) and 11494 (2020) and Joint Memorandum Circular No. 1 (s. 2020) (“JMC”).
“In fact, our Office issued Resolution iterating the provisions of the JMC on streamlining the processes and requirements pertaining to application of permits, licenses and clearances for the construction of telecommunication poles, underground conduit/fiber optic cables, and shared passive telecommunications tower infrastructure.
“In the same City Resolution, we highlighted that under the JMC, Sangguniang Panlungsod/Bayan Resolution and Sangguniang Barangay/Barangay Council Resolution shall not be required from applicants in securing a Building Permit, Fire Safety Evaluation Clearance, Barangay Clearance, or Locational Clearance,” said Bacar in a statement.
“Our office has always been supportive of and has put a premium on all forms of development in information and communications technology. We have always believed that ICT developments play a crucial role in the growth of the City and the country especially during this trying and difficult times of the pandemic. Thus, we remain committed to all forms of ICT development provided that the same is compliant with our laws.”
Bacar added: “It is unfortunate that such a Barangay Resolution was issued.”
“Our office will mediate and help resolve any misunderstandings between Barangay Plainview’s Council and Globe Telecom, Inc. in order to arrive at a solution beneficial to all concerned within the bounds of law,” he added.
No less than President Rodrigo Duterte has complained about the supposed snail-paced government transactions and bureaucratic red tape causing inconvenience to applicants who spend too much time to get permits and other documents from concerned public offices.
Duterte had even issued an ultimatum demanding the completion of paperwork in all government offices by mid-December.
“I do not want papers to be acted by days. I want it by hours,” he had said.