You are on page 1of 34

September 2, 1981

RULES IMPLEMENTING THE SUBDIVISION AND CONDOMINIUM BUYER'S


PROTECTIVE DECREE AND OTHER RELATED LAWS

Pursuant to Article IV, Section 5 (c) of Executive Order No. 648 the following
rules are hereby promulgated by the Human Settlements Regulatory Commission to
Implement Presidential Decree Nos. 957, 1216, 1344 and other related laws.

RULE I

Approval of Subdivision Plan

SECTION 1. Application for Approval of Subdivision Plan. Every


registered owner or developer of a parcel of land who wishes to convert the same into
a subdivision project shall apply with the Commission for the approval of the
subdivision plan by filing in quadruplicate the following:

I. For Simple Subdivision Projects:

A. Site Development Plan on topographic survey with scale ranging


from one to one hundred (1:100) to one to one thousand (1:1,000)
or such other scale which the Commission may deem appropriate
duly signed by a licensed engineer showing the proposed lots and
other features in relation to existing conditions;

B. Vicinity Map; and

C. Certified true copy of Title and Tax Declaration or other


evidence of ownership.

II. For Complex Subdivision Projects:

A. Approval of Preliminary Development Plan

1. Site Development Plan signed by a licensed architect


planner or engineer planner at a scale ranging from one to
one thousand (1:1,000) to one to five thousand (1:5,000)
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 1
showing the proposed layout of streets, lots and other
features in relation to existing conditions.

2. Vicinity Map within a radius of 2 kilometers from the


periphery of the project or as may be required by the
Commission, showing the relationship of the proposed
subdivision to existing community, facilities which serve
or may directly or indirectly influence it, main traffic
arteries; public transportation line; shopping centers;
elementary, high school and other educational institutions;
and other community facilities; titles, scale, north arrow
and date.

Approval of the preliminary subdivision plan shall be


valid only for a period of one hundred eighty (180) days
from date of approval. Submission of preliminary plans
may not be required for complex subdivision projects in
developed residential zones where facilities and services,
such as water, power and transportation are available.

B. Approval of Final Subdivision Plan

1. Final Subdivision Plan duly signed by a licensed architect


planner or engineer planner consisting of the site
development plan at any of the following scales: one to
one thousand (1:1,000); one to two thousand (1:2,000); or
any scale not exceeding one to five thousand (1:5,000);
showing all proposals including the following:

a. Roads, easements or right-of-way and roadway


width, alignment, gradient and similar data for
alleys, if any.

b. Lot numbers, lines and areas and block numbers.

c. Site date; number of residential or saleable lots,


typical lot size and open spaces.

2. Engineering Plans showing the alignment, elevations,


typical cross sections and details of road systems water

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 2
supply and distribution system, drainage and sewage
disposal facilities, power distribution system and street
lighting plans.

3. Topographic Plan to include existing conditions as


follows:

a. Boundary Lines: Bearings and distances.

b. Streets and assessments, rights of way width and


elevation on and adjacent to the subdivision.

c. Utilities on and adjacent to the subdivision:


Location, size and invert elevation of sanitary storm
and combined sewers; location of gas lines, fire
hydrants, electric and telephone poles and street
lights. If water mains and sewers are not
on/adjacent to the subdivision, indicate the
direction and distance to, and size of nearest one,
showing invert elevation of sewers.

d. Ground elevation on the subdivision: For ground


that slopes less than 2 percent, indicate spot
elevations at all breaks in grade, along all drainage
channels and at selected points not more than 30
meters apart in all directions; for ground that slopes
more than 2 percent, either indicate contour with an
interval of not more than 0.5 meter if necessary due
to irregular land or need for more detailed
preparation of plans and construction drawings.

e. Other conditions on the land: Water courses,


marshes, rock and crop, wooded areas, isolated
preservable trees 0.3 meter or more in diameter,
houses, barns, shacks, and other significant
features.

f. Proposed public improvements: Highways or other


major improvements planned by public authorities
for future construction on or near the subdivision.
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 3
g. Ministry of Agrarian Reform conversion approval
of tenanted rice and corn lands from agricultural to
residential use.

4. Project Study indicating raw land and development costs,


total project costs, amortization schedules, sources of
financing, marketability, cash flow, housing schemes, if
any, and work program.

5. Certified true copy of Title and Tax Declaration or other


evidence of ownership or intent to sell and authority to
develop signed by the owner.

6. Permit for operation of deepwell, and a water resistivity


test if and when necessary, from the appropriate
government agency.

7. Join Affidavit of land owner, developer and architect


planner or engineer planner that the subdivision plan
conforms with the standards and requirements of these
rules and that development thereof will be made strictly in
accordance with program submitted to the Commission.

If the application for subdivision project is feasible and economically viable


and does not run counter to the general land use pattern and development plans of the
government, and the plan complies with the zoning ordinances of the city or
municipality where it is situated and with these rules, the subdivision plan shall be
approved and a development permit shall be issued upon payment of the prescribed
processing fee and under such condition as may be imposed by the Commission. A
final approval/development permit shall be valid for a period of one (1) year from date
of issue. cCSEaA

The owner or developer shall execute the necessary surveys of the project and
prepare the survey returns with technical descriptions and computations to be
submitted together and in accordance with the approved subdivision plan, to the
Bureau of Lands for verification and approval, pursuant to Section 50 of PD 1529
(Property Registration Decree).

RULE II

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 4
Approval of Condominium Plan

SECTION 2. Application for Approval of Condominium Plan. Any


registered owner or developer of a parcel of land who wishes to develop the same into
a condominium project shall apply with the Commission by filing in quadruplicate the
following:

I. Approval of Preliminary Plan

A. Architectural Plan showing the site development plans, ground


and floor plans, sections and elevations.

Filing of applications for approval of preliminary plan of a


condominium shall be optional. Preliminary approval of such a plan
shall be valid for a period of one hundred eighty (180) days.

II. Approval of Final Plan

A. Condominium Plan duly signed by a licensed architect and/or


engineer consisting of the following documents:

1. Architectural plan containing: site development Plan;


ground and other floor plan(s); sections and elevations.

2. Building specifications and estimated cost.

B. Project Study indicating, among others, the development cost,


total project cost, amortization schedules, sources of financing,
marketability, cash flow and project time table/completion.

If the establishment of the condominium project is feasible and economically


viable, and does not run counter to the approved zoning and land use plan of the city
or municipality and the plan complies with these Rules, the condominium plan shall
be approved upon payment of the prescribed processing fee and under such conditions
as may be imposed by the Commission.

Thereafter, the owner or developer shall submit the condominium plan to the
Building Official in accordance with the requirements of the National Building Code,
of the city, municipality or province where the property lies and the same shall be
cited upon subject to the conditions and in accordance with the procedure prescribed

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 5
in Section 4 of the Condominium Act (R.A. No. 4728).

RULE III

Registration and Licensing of Subdivision and Condominium Projects

SECTION 3. Application for Registration. The owner or the real estate


dealer interested in the sale of lots or units in a subdivision and in condominium
project, respectively, shall register the project with the Commission by filing of the
registration statement containing the following information:

a. Name of the owner and dealer;

b. Name, location and areas of subdivision/condominium project;

c. The location of the owner's and dealer's principal business office, and if
the owner is a non-resident Filipino, the name and address of his agent
or representative in the Philippines authorized to receive notice;

d. The names and addresses of all directors and officers of the business
firm, if the owner and/or dealer is a corporation, association, trust or
other entity, and of all partners, if it is a partnership;

e. The general character of the business actually transacted by the owner;


and

f. A statement of the capitalization of the owner, including the authorized


and outstanding amount of its capital stock and the proportion thereof
which is paid up.

The following documents shall be attached to the registration statement:

a. Copy of Transfer Certificate of Title in the name of the applicant if none


was submitted in application for plan approval;

b. For condominium projects, all plans registered with the Register of


Deeds including the Master Deed and the Declaration of Restrictions;

c. Articles of Incorporation or Articles of Partnership or Association as the


case may be, with all the amendments thereof and existing by-laws or
instruments corresponding thereto and a copy of latest annual corporate
report to the Securities and Exchange Commission, including a copy of
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 6
the latest financial statements showing the amount and general character
of its assets and liabilities certified by a certified public accountant;

e. Affidavit of the owner that the property is free from liens and
encumbrance, except legal easements and restrictions: Provided
however, That in case the subdivision/condominium project or portion
thereof is mortgaged, there is an undertaking by the mortgagee to
release the mortgage on any subdivision lot or condominium unit as
soon as the full purchase price for the same is paid by the buyer;

f. A copy of the contract of management or development, if the


management and/or development will be undertaken by a person other
than the owner;

g. A copy of any circular, prospectus, brochure, advertisement, letter or


communication to be used for the public offering of the subdivision lots
or condominium units; and

h. Copy of form contract to be used in the sale of lots or units.

SECTION 4. Certificate of Registration. Upon finding that the project


may be registered in accordance with the provisions of the Decree and these Rules the
Commission shall cause to be published at the expense of the applicant a notice of the
filing of the registration statement in two (2) newspapers of general circulations, one
published in English and another in Pilipino, once a week for two (2) consecutive
weeks, reciting that a registration statement for the sale of subdivision lots or
condominium units has been filed with the Commission and that the aforesaid
registration statement as well as the papers attached thereto, are open to inspection
during business hours by interested parties.

After two (2) weeks from the completion of the publication and upon
submission of the affidavit of publications, the Commission shall in the absence of
any impediment, issue a Certificate of Registration upon payment of the prescribed
fees.

SECTION 5. License to Sell. No owner or dealer shall sell any


disposable subdivision lot or condominium unit in the registered project without a
license to sell issued by the Commission.

Upon proper application therefor, submission of the required work program,

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 7
performance bond and payment of the prescribed license fee by the owner or dealer,
the Commission shall issue to him a license to sell the lot or unit in the project or
portion thereof covered by the performance bond if the Commission is convinced that
he is of good repute, his business is financially stable, and the proposed sale of the
subdivision lot or condominium unit to the public is not fraudulent.

SECTION 6. Performance Bond. The performance bond required


under Sec. 6 of the Decree may be in any of the following forms.

a. If found to be financially able to complete the project, a surety bond


amounting to twenty percent (20%) of the development cost issued by a
duly accredited bonding company and acceptable to the Commission. It
shall contain a clause stating among others that it shall remain in full
force and effect unless it is ordered cancelled or released by the
Commission.

b. Certificate of guarantee of any bank or financing institution of good


standing in favor of the Commission for the total development cost. ISCcAT

c. Project approved prior to the promulgation of PD 957, in case the


proponent has been found financially unable to develop the project, a
cash bond equivalent to fifty per cent (50%) of the development cost
which may be in the form of:

1. Fiduciary deposit made with the cashier and/or disbursing officer


of the Commission;

2. A certificate of guaranty deposit issued by any bank or financing


institution of good standing in favor of the Commission for the
total development cost.

3. Letter from any bank of recognized standing certifying that so


much has been set aside from the bank account of the applicant in
favor of the Commission which amount may be withdrawn by the
Chief Executive Officer of the Commission or by his duly
authorized representative, at any time the principal fails or
refuses to comply with his duties and obligations under the bond
contract; or

4. Any irrevocable credit line to be utilized in the development of

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 8
the project from any bank organized standing and a refinancing
or financial re-structuring program indicating sources of funding
from duly accredited funding institutions.

Whenever the Commission finds, after the license applied for has been issued,
that the performance bond is or for any cause has become, worthless, inadequate or
insufficient, the owner or dealer after due notice, may be required to give an
additional performance bond and unless such bond is posted within ten (10) days from
receipt of such notice, the license shall be suspended or revoked.

When the owner or dealer desires to have his bond cancelled, released,
reduced, or replaced, he shall file an application in writing with the Commission
stating therein his reasons. The bond filed may be cancelled or released when the
undertaking under it has been complied with.

SECTION 7. Existing Subdivision/Condominium Projects. The owner


or dealer of an existing subdivision or condominium project shall register the project
with the Commission within one year from publication of these Rules by filing a
sworn registration statement in quadruplicate containing the following information:

a. Name of the owner and dealer;

b. Name, location and area of projects;

c. Location of the owner's and dealer's principal office, and if the owner is
non-resident Filipino, the name and address of his agent or
representative in the Philippines authorized to receive notice;

d. Names and addresses of all the directors and officers of the business
firm, if the owner/dealer is a corporation, association, trust or other
entity, and of all partners, if it is a partnership;

e. General character of the business actually transacted by the owner;

f. Statement of the capitalization of the owner, including the authorized


and outstanding amount of its capital stock and the proportion thereof
which is paid-up.

The application shall be accompanied by the following:

a. Approved subdivision or condominium plan.


Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 9
b. Latest financial statements showing the amount and general character of
his assets and liabilities.

c. In case of a business firm, a copy of its articles of incorporation or


articles of partnership or association, as the case may be, with all the
amendments thereof and existing by-laws or instruments corresponding
thereto.

d. Fact sheet containing the material information on the operations of the


projects to include the number of the lots/units sold, not yet fully paid,
accounts receivable, the extent/status of land development or building
construction, and the cost of complete development.

e. Certified true copy of title and tax declaration to the property.

f. If the property is mortgaged, the mortgage contract and status of


mortgage loan certified by the mortgagee.

g. Copy of any form contract, circular, prospectus, brochure,


advertisement, letter or communication used or to be used for the public
offering of the subdivision lots or condominium units, if any.

h. If the facilities, improvements, and other forms of development cannot


be completed within one (1) year from the registration thereof, a
detailed program of development indicating the improvements to be
constructed, provided for and their corresponding development cost and
time frame of construction and completion.

i. Sworn statement of owner/developer describing availability/existence of


water supply and electric power facilities.

If the owner or developer of the subdivision or condominium project cannot


complete compliance with his obligations within one (1) year from the registration
thereof he shall file an adequate performance bond in accordance with Section 6, c.
hereof.

If the application for registration is found to be in order the Commission shall


register the project and issue a Certificate of Registration to the owner or dealer upon
the payment of the registration fee.

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 10
Thereafter the owner or dealer shall apply with the Commission for a license to
sell by filing sworn application in quadruplicate containing the following information:

a. Name and address of owner and dealer;

b. Name and location of project: and

c. Certificate of Registration number of the project.

If the Commission is convinced that the owner or dealer is of good repute, has
complied with pertinent orders, rules and regulations of the Commission, his business
is especially stable, the proposed sale of the lots or units to the public is not
fraudulent, and he has conducted his business in accordance with law and sound
business principles, a license to sell the disposable lot or unit in the project shall be
issued to the owner or dealer upon payment of the established license fee.

RULE IV

Registration of Real Estate Dealers, Brokers and Salesmen

SECTION 8. Application for Registration of Dealers, Brokers and


Salesmen. No dealer, broker or salesman shall engage in the business of selling
subdivision lots or condominium units without securing a certificate of registration by
filing with the Commission a registration statement in quadruplicate containing the
following informations:

a. Name, age and address.

b. If a corporation, partnership, or association, its office address and


branch offices and the names and addresses of its executive
officers and directors.

c. Statement that applicant is qualified to act as real estate broker or


salesman pursuant to law.

d. If applicant is a salesman, the name and address of the dealer or


broker who employs him, attaching a copy of appointment.

e. If the applicant is a broker, the names and addresses of salesmen


employed by him.

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 11
SECTION 9. Certificate of Registration. If the Commission shall find
that the applicant is of good repute and has filed the required bond, he shall register
the applicant and issue to him a Certificate of Registration, upon the payment of the
prescribed registration fee.

The Certificate of Registration shall expire on the thirty-first day of December


of each year; provided further, that the Certificate of Registration issued for the
current year 1981 shall expire on the 31st day of December 1981.

The Certificate of Registration of a salesman shall be cancelled upon the


termination of his employment with a dealer or broker. The dealer or broker shall
notify in writing the Commission of such termination, otherwise he shall be liable for
acts committed by the salesman prior to the receipt of the notification by the
Commission. The salesman shall surrender to the Commission for cancellation of his
Certificate of Registration within fifteen (15) days from the date of his employment is
terminated.

SECTION 10. Bonds. The Bond required under Section 11 of the


Decree may be either a cash or a surety bond issued by a duly accredited bonding
company. The bond shall contain a clause stating among others that it shall remain in
full force and effect unless it is ordered cancelled or released by the Commission. The
bond shall be executed in favor of the Human Settlements Regulatory Commission
conditioned upon the faithful and honest discharge by the applicant, as well as the
salesman working under a broker or dealer, of their duties and shall further provide
that upon failure to discharge those duties, the applicant shall be liable on the bond to
any and all persons who may suffer loss by reason of such failure. The amount of the
bond shall be Five Thousand Pesos (P5,000.00) for Dealers/Brokers and One
Thousand Pesos (P1,000.00) for Salesmen. These bonds shall no longer be required if
equivalent bonds or securities have already been posted by applicants for the same
purpose with other government agencies pursuant to law.

A dealer, broker or salesman may apply in writing with the Commission for the
cancellation and release of his bond stating therein his reasons. In appropriate cases
the Commission may require the applicant to cause the publication of a notice therefor
at the latter's expense in a newspaper of general circulation stating, among others, the
fact of such application. The proof of publication shall be submitted to the
Commission. Any person, having any claim for money or property against the dealer,
broker or salesman in his real estate service or practice, must file his claim with the
Commission within fifteen (15) days from the date of publication. If the reason for the
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 12
cancellation of the bond is his cessation from further engaging in the business of
selling subdivision lots or condominium units, the dealer, broker or salesman shall
surrender his certificate of registration to the Commission and his name shall be
cancelled from the Register of Dealers, Brokers and Salesmen.

RULE V

Minimum Design Standards

SECTION 11. Design Standards for Subdivision. Residential


subdivisions are classified into simple and complex subdivisions. Complex
subdivisions are further categorized into Models A, B and C. Such subdivisions shall
conform with the applicable zoning ordinance, the pertinent provisions of the National
Building Code and its implementing rules, applicable laws and rules affecting roads
and related services and the following design standards:

A. General Provisions

1. Site Criteria. Subdivision projects shall be located in areas


classified as or appropriate for residential uses. The site thereof
must be accessible from and served by access road to public
transportation lines and preferably proximate to basic utilities of
services such as water supply, drainage and sewerage system and
power supply.

As a rule the design standards applicable to a particular subdivision


project shall be in accordance with the level of development of the
locality where it may be situated.

Model A subdivision may be located in all cities and


municipalities.

Model B subdivision shall be located in second class municipalities


and below provided that it may be allowed as a variance in cities
and first class municipalities.

Model C subdivision shall be allowed only in third class


municipalities and below, provided that it may be allowed as a
variance in second class municipalities, or in urban land reform
zones or blighted areas.

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 13
2. Design and Planning Considerations. Planning and designing
of subdivision projects shall take into account adequate, efficient
and integrative road circulation system servicing every lot therein;
judicious allocation of uses for diversity and amenity, preservation
of site assets, proper siting or orientation of lots; blending with
existing and proposed development in the vicinity; and application
of workable design principles or parameters for a well planned and
self-sustaining environment.

3. Land Allocation. For subdivision project with an area of 1


hectare or more the maximum saleable lots shall be 70% thereof.
The owner and/or developer thereof shall reserve 30% of the land
area for roads, alleys pathways, parks, playgrounds and open
spaces. Parks and playgrounds shall comply with the requirements
of Presidential Decree No. 1216.

B. Design Parameters and Road Specifications of Complex Subdivision

1. Minimum Lot Sizes. Lot sizes for rowhouses and duplexes shall
not be less than 50 and 150 square meters, respectively, for all
models. For single detached houses the minimum lot size shall not
be less than 100 square meters for all models.

2. Lot Frontage. Frontage for regular lots shall not be less than 10
meters for models A and B and 8 meters for model C. Irregular lots
shall observe a frontage of not less than 6 meters for all models.
Frontage for rowhouses lots in all models shall not be less than 4
meters. Alleys shall be provided after every 250 meter length of a
block. A block should in no case exceed 400 meters in length.

3. Roads in Model A Subdivisions. Major roads shall have a right


of way of 15 meters, 10 meters thereof shall be the carriageway.
The remaining 1.2 meters shall be reserved for planting strip and
the 1.3 meters on each side, shall be developed as sidewalks.

Collector Roads shall have a 12.5 meters right of way 8.5 meters
thereof shall be the carriageway, 1.2 meters and 0.8 meter as
sidewalk and planting strips respectively on each side.

Service Roads shall have a right way of 10 meters, 6 meters thereof


Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 14
as a carriageway, 1.2 meters and 0.8 meter on each side as
sidewalks and planning strips respectively.

Alleys shall not be less than 4 meters and both ends of which shall
connect to a street.

Motor courts which shall be installed in terminals of service roads


or cluster houses shall have a carriageway of not less than 6 meters
in width with provision for sufficient space for vehicular turn
around a branch or "T" the maximum length not to exceed 60
meters. The same may either be paved by concrete or asphalt.

Carriageway for major, collector, service roads and alleys shall be


paved either in asphalt or concrete. Dead ends shall not be allowed
for major and collector roads. Sidewalks shall be paved with
pre-fabricated concrete slabs/CHB or asphalt.

4. Services/Utilities for Model A Subdivision

a. Water Supply System

Whenever possible, the subdivision water supply shall be


connected to an approved public water system or
community system provided that the water supply is enough
to meet the total daily requirements of the anticipated
population.

When neither a public water system, nor an acceptable


community system is available, a centralized water supply
system may be accepted, provided that:

1. The technical consultant of the developer shall


determine the location and discharge capacity of the
water supply source(s) within the subdivision;

2. The permits to dig well(s) or tap water lines from the


appropriate government agencies are obtained;

3. That the water source shall be sufficient to meet the


daily water requirements of every household in the

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 15
subdivision;

4. No hazards shall exist in the immediate vicinity of


the water source that might reduce or pollute the
supply; and

5. Equal distribution of water is assured.

Every water service entrance or connection shall be


provided with a pressure-compensating,
self-regulating, constant flow valve or fitting to
ensure equitable distribution of water, water and
power conservation and long-term savings on
operational costs of water system.

a.1 Water Requirements

Every dwelling unit shall be served by an individual supply


of water. The pipe diameter shall be sufficient to meet the
total hourly domestic needs of every household for any eight
(8) hour period.

1. Average Daily Demand (ADD) for Open Market,


Economic and Social or Low Cost Subdivisions shall
be 375, 265 and 150 liters per capita per day (lcpd)
for household connection, respectively.

2. Maximum Demand Factor: Maximum Day Demand:


from 120% to 150% of ADD

a.2 Fire Protection Demand

1. When possible, provide two (2) standard fire hose


flows for one (1) fire hydrant occurring at the farthest
end and highest portion of the subdivision or two (2)
at every 662 liters per minute (175 gallons per
minute) fire flows.

2. Maximum spacing of fire hydrants shall not be more


than 250 meters.

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 16
3. Fire reserve shall conform with the rules and
regulations of the Local or District Fire Unit of the
Integrated National Police.

a.3 Pump Capacity and Number of Deepwell Pumps

1. Based on a 24-hour pumping, the deepwells and


pump should have combined discharge capacity
equal to the Maximum Daily Demand.

2. Each subdivision must have at least two (2) deepwell


and pump sets. A deepwell may be permissible in a
small subdivision, provided that a spare pump and
meter set is reserved.

a.4 Reservoir/Water Tank

1. For multi-storey buildings

If the height of the building requires water pressure


in excess of that in the main water line, a water tank
shall be provided.

Tank shall also be required if the peak drawn should


reduce the pressure on the highest usable floor to less
than 10 psi (pounds per square inch) the minimum
pressure required for satisfactory operation of
fixtures, particularly those with flush valves.

2. Capacity 20% ADD plus Fire Reserve

a.5 Pipes

Pipe sizes shall vary according to reticulation, subdivision


area and existing pipes from any source outside the project
site. Nevertheless, pipe installations within the protect site
shall conform to the accepted national standards for water
supply pipes.

The pipes used must be of new materials, of uniform


thickness and weight, and free from defects such as cracks
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 17
and/or deformities.

Installation of pipes must likewise conform to the accepted


standard practices for pipe installation. Where water supply
lines are underground, they must be as far as possible from
sewer line, and in no case shall the distance between both
lines be closer than 0.90 meter.

b. Sewage Disposal System

1. Where available, connections shall be made to an


approved public or community sewer system, subject
to the requirements and provisions of the Sanitation
Code and other applicable rules and regulations with
regards to materials and installation practices.

2. Rain water may be channeled into a sanitary sewer


system only if the capacity of the main collector
system is specifically designed for such purposes.
When the sewer system is not adequate to carry an
additional load, rain water from pavements, roofs and
terraces shall be channeled to street gutters or to
ground covered areas having natural percolating
properties.

3. Where community sewer system is not available,


sewage shall be disposed of and treated in individual
septic tanks. IEHSDA

(a) Construction

Septic tanks shall be constructed of durable


materials, completely water-proofed and
designed to withstand dead and live loads.

(b) Location

Septic tanks and drainfields shall be located at


a minimum of 25 meters from any body of
water (spring, aquifer, stream, well, etc.), as

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 18
prescribed by the Sanitation Code.

(c) Drainage System

The drainage system of the subdivision must


conform with the natural drainage pattern of
the subdivision site, and shall drain into
appropriate water bodies or public drainage
system. Its layout shall conform with sound
engineering design/principles. Drain lines
shall be of durable materials and approved
installation practices.

c. Electrical Power Supply and Communication System

Primary and alternate source of power for the subdivision


must be readily available for the use of subdivision
dwellers. Street lighting, utility poles, features and wiring
system must conform with the design standards or
provisions of the Electrical Code.

d. Garbage Disposal System

The subdivision shall have a sanitary and efficient refuse


collection and disposal system, whether independently or in
conjunction with the municipal/city garbage collection and
disposal services.

5. Roads in Model B Subdivisions

Major Roads shall have a right of way of 10 meters, 6 meters


thereof shall be the carriageway. The remaining 2 meters on both
sides shall be developed equally for sidewalk and planting strip.

Minor roads shall have a carriageway of 8 meters, 6 meters thereof


shall be the carriageway. The remaining 1 meter strip each on both
sides shall be developed as 0.6 meter sidewalk and 0.4 meter
planting strip.

Alleys which shall be provided in every 250 meter length of a


block shall not be less than 4 meters in width and both ends thereof
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 19
must connect to a road. Alleys must be asphalted.

The standard for motor courts in the model A subdivisions shall


likewise be observed when necessary.

The carriageway of major and minor roads shall be asphalted. Dead


ends shall not be allowed in major roads. Sidewalks shall be paved
with pre-fabricated concrete slabs/CHB or asphalt.

6. Services/Utilities for Model B Subdivision

a. Water Supply System

1) Whenever possible, water supply for subdivision


shall be connected to a public or community water
supply system. Otherwise, other sources of water
supply such as underground water through
centralized deepwell with pump, must be tapped and
developed subject to pertinent requirements of
appropriate government agency.

2) Operation of a central deepwell with pump shall


conform to the standards set forth under Model A
subdivision including water requirements.

3) Flexibility or variation from the central source system


may be allowed provided that the alternating system
is proven feasible and adequate.

b. Requirements for power, sewage disposal system, drainage


and garbage disposal facilities shall be similar to those
prescribed for Model A subdivisions.

7. Roads in Model C Subdivision

Major roads shall have a right-of-way of 8 meters, 6 meters thereof


shall be the carriageway. The remaining 1 meter on both sides shall
be reserved for side walk and an open drainage canal.

Minor roads shall have a right of way of 6.5 meters, 4.5 meters
thereof shall be the carriageway and the remaining 1 meter on each
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 20
side shall be reserved for sidewalk and open drainage canal. Dead
ends are allowed for minor roads.

Alleys which shall be allowed as access to lot shall not exceed 150
meters in length and shall not be less than 4 meters in width both
ends thereof must connect to a street. Beyond the 150 meter length
a minor road rather than an alley shall be provided.

The carriageway of a major road shall at least be a macadam while


those of a minor roads and alleys shall be of 4 inch thick gravel on
compacted earth.

8. Services/Utilities in Model C Subdivision

a. Water supply system

1. Whenever an approved public water supply exists,


connection to it by the subdivision is mandatory.
Otherwise, other sources of water supply shall be
identified and developed.

2. Operation of communal or individual wells may


initially be allowed. The developer shall provide
communal artesian wells to serve at most 100
families, per well located strategically within the
subdivision for convenient use by the residents.
These wells shall preferably be covered and properly
equipped with devices to allow sanitary methods of
withdrawing water and for its conservation. Each
well shall likewise be allocated approximately four
(4) square meters area which shall be part of the
common area, and shall not encroach on any saleable
lot or right of way. Adequacy of water supply shall
be based on the standard requirement of 43 liters per
capita per day. Individual well within each lot is
allowable subject to the results of tests of subsurface
condition of the land by the appropriate government
agency.

3. Other sources of water such as spring, pond/lake,


Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 21
river whenever practicable be considered and/or
developed for the use of the subdivision residents.
However, quality of water shall be appropriate to the
specific use it may be availed for, such that water for
drinking must be potable.

4. Fire reserve, either ground or elevated water tank,


shall be provided according to the requirements of
the local or district fire unit of the Integrated
National Police.

b. Sewage Disposal

For sewage disposal, individual septic tanks shall be


provided. Design and construction thereof shall be in
accordance with the National Building Code requirements.

c. Drainage

Drainage System shall be through surface or open canal


along the roads and constructed of suitable materials to
prevent erosion of the sides and cotton, like compacted
gravel, concrete slabs for the bottom, and brick, stone or
concrete hollow blocks (grouted with cement) for the sides.
These canals shall also run with a certain slope to ensure
free flow of water and prevent stagnation. However, where
there is an existing drainage system in the community, the
subdivision shall adapt and connect to it.

d. Power

Where power service is available within the locality of the


project, its connection to the subdivision is imperative.
Otherwise, this requirement is optional.

e. Garbage Disposal

Garbage disposal shall be through sanitary and efficient


method like composting, landfill, etc., which can be
undertaken either by individual lot buyers, by the
subdivision services, or in cooperation with the municipal or
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 22
city services.

9. Other Facilities

Facilities such as parks, playgrounds, neighborhood/multi-purpose


centers, site for religious use and drug stores shall as far as practicable be
centrally located within a subdivision. Ideally these facilities should be
away from any major roads and hazards of motor vehicles.

C. Minimum Requirement for Simple Subdivision

In a simple subdivision project a right of way of at least 3 meters


wide shall be provided for an interior lot plus 0.5 meter per additional lot
if a right of way reaches 6 meters a motor court shall be provided in
accordance with the preceding standards.

SECTION 12. Design Standards and Guidelines for Residential


Condominium Projects.

A. Conformity to Land Use Plan/Zoning Ordinance/National Building Code

1. Residential condominium project shall be located in areas zoned as or


appropriate for residential uses.

2. Condominium projects shall likewise conform with the minimum


building requirements, lot occupancy, open spaces, parking and other
requirements of the National Building Code and its implementing rules.

B. Site Preservation/Alteration

Provisions for site preservation/alteration for residential subdivision shall


apply.

C. Area Planning

1. Supplementary and supportive activities to residential use shall be


allowed and located in the ground floor only or accommodated in
separate structure within the project site.

2. Open spaces shall be provided within the project site pursuant to the
Building Code and rules. These shall include courts, yards, setbacks,
lightwells, uncovered driveways, access roads, parking spaces, buffer
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 23
strips, parks and playgrounds. Except as may hereafter be otherwise
provided these spaces shall be open from the ground to the sky. The
open space shall also be allocated for basic utilities and community
facilities or common areas. Whenever non-conforming uses or heavy
traffic routes adjoin a condominium project buffer or planting strip of
not less than three (3) meters wide shall be provided.

3. Easements for utilities, such as drainage system, water supply, power


lines and communication lines, shall be integrated with the circulation
system. aHTCIc

4. Building orientation on lot shall take into account proper ventilation,


sunlight and land characteristics.

D. Space Standards

Space allocations shall provide areas for living, dining, kitchen, sleeping, toilet
and bath, laundry/drying area and storage in accordance with the following:

1. Dwelling Unit Dimensions shall not be less than 40.00 square meters for
household units and 31.00 square meters for single occupancy units.

2. Off-Street Parking spaces shall be provided for unit owners on a one to


one ratio. Parking area may be off-site provided that it shall not be more
than 100 meters away from the condominium project.

Whenever basement parking or multi-floor parking garages shall be


provided within the project site, the parking space provided therein shall
be subtracted from the total parking area required of the project.

3. Parks/Playgrounds

a. Parks/playgrounds of at least 50 square meters shall be provided


for condominium projects with 10 units, plus 3 square meter per
additional unit. These may be located in the ground, ground floor,
roof deck or in between floors. Parks/playgrounds shall be
accessible to living units and free from any form of hazard or
danger. The same shall be properly landscaped to accommodate
both active and passive activities. Other facilities like tennis
courts or swimming pools shall be integrated with
parks/playgrounds. Development thereof shall be in accordance
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 24
with the plan approved by the Commission.

4. Circulation

Roads shall serve every building, parking space, park/playground and


service points. Minimum right of way of roads shall be 8 meters, 6
meters thereof shall be the carriageway and the remaining 2 meters shall
be developed as sidewalk/planting strip.

Pathwalks shall be provided for pedestrian circulation with a minimum


width of 1.2 meters.

Construction of roads sidewalk and pathwalks shall be in accordance


with the standards of Model A subdivisions.

E. Basic Utilities and Services

1. Service Area (Laundry-Drying Area)

Adequate laundry and drying areas shall be provided for every dwelling
unit of the condominium.

Where such service areas are held in common, they shall have suitable
outdoor locations, fenced or screened and kept away from living rooms,
entrances or front yards. A minimum of three (3) square meters of area
shall be provided per living unit of the project.

2. Mechanical Equipment and Service Areas

Elevators shall be optional for condominium projects not exceeding 4


floors. For condominium with 5 to 7 floors at least 1 elevator of
adequate size shall be provided. Those beyond 7 floors shall have at
least 2 elevators of adequate sizes.

3. Refuse Collection/Disposal

Adequate refuse collection and disposal system shall be provided


independently or in conjunction with the municipality or city garbage
collection and disposal services.

4. Water supply, power, sewerage and drainage utilities shall conform with

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 25
the requirements for Model A or B Subdivision.

SECTION 13. Conversion of Existing Structures to Condominium


Projects. Existing structures may be converted into condominium projects upon
proper application thereof with Commission and compliance with the requirements of
condominium laws and these rules and standards.

SECTION 14. Variances. These design standards and requirements may


be modified or varied by the Commission in cases of large scale government
residential subdivision or condominium projects, housing in areas for priority
development or urban land reform zones, resettlement or social housing projects
oriented towards low income groups, or housing projects financed by any government
financial institution, or in cases where strict observance hereof will cause extreme
hardship to the subdivision condominium owner/developer.

RULE VI

Miscellaneous Provisions

SECTION 15. Definition of Terms. For purposes of these rules:

a. Decree shall mean Presidential Decree No. 957 otherwise


known as "The Subdivision and Condominium Buyer's Protective
Decree."

b. Commissioner shall mean the Human Settlements Regulatory


Commission.

c. Existing Subdivision Project or Condominium Project shall


refer to subdivision or condominium plans or projects approved by
the city/municipal government or Bureau of Lands/Land
Registration Commission/Courts which is not fully
developed/constructed or there are still unsold subdivision lots or
condominium units as of 12 July 1976, the date the Decree took
effect.

d. Complex Subdivision Project shall mean a subdivision project


wherein a street, passageway or open spaces is delineated on the
subdivision plan. Where the project covers an area less than one
hectare requirements No. 4 and 6 in Section 1, II, B of Rule I for

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 26
final plan approval shall be optional.

e. Simple Subdivision Project shall mean a subdivision project less


than one hectare in area covered by a simple division plan where
no street or passageway is delineated on the plan, provided that in
the event piece meal or partial submission of project plans are
made the same shall be considered in its entirety and when
applicable the provisions of P.D. 1216 on open spaces shall be
observed.

f. Condominium shall mean an interest in real property consisting


of a separate interest in a unit in a residential, industrial or
commercial building and an undivided interest in common directly
or indirectly, in the land on which it is located and in other
common areas of the building. A condominium may include, in
addition, a separate interest in other portions of such real property.
Title to the common areas, including the land, or the appurtenant
interests in such areas, may be held by a corporation specially
formed for the purpose in which the holders of separate interests
shall automatically be members or shareholders, to the exclusion of
others, on proportion to the appurtenant interest of their respective
units in the common areas.

The interest in condominium may be ownership or any other


interest in real property recognized by the law of property in the
Civil Code and other pertinent laws.

g. Condominium Project means the entire parcel of real property


divided or to be divided in condominiums, including all structures
thereon.

h. Condominium Unit means a part of the condominium project


intended for any type of independent use or ownership, including
one or more rooms or spaces located in one or more floors (or part
or parts of floors) in a building or buildings and such accessories as
may be appended thereto.

SECTION 16. Submission of Semestral Reports on Operations. Every


owner or dealer of a registered subdivision or condominium project shall submit to the
Commission semi-annual reports on operations showing the extent/status of land
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 27
development or building construction changes in corporate officers or managers and
their address within sixty (60) days after the end of each semester. Copies of corporate
reports to the Securities and Exchange Commission shall also be furnished to the
Commission.

SECTION 17. Display of Certificate of Registration and License to Sell.


The certification of registration and License to Sell issued by the Commission shall be
displayed in a conspicuous place in the principal office of the owner, dealer, broker or
salesman, as the case may be and xerox copy thereof in all its branches and offices.

SECTION 18. Lost or Destroyed Certificate of Registration or License to


Sell. Upon loss or destruction of a certificate of registration or license to sell a
duplicate copy thereof may be issued by the Commission after satisfactory proof of
loss or destruction, and payment of the prescribed fee. The fact that such duplicate has
been issued shall be made of record.

SECTION 19. Advertisement. Advertisement through print or broadcast


media concerning sale of subdivision lots and condominium units shall be cleared
with the Commission pursuant with Section 19 of the decree. Advertisements shall
contain, among others, the license number to sell subdivision/condominium projects
as approved by the Commission.

SECTION 20. Extension of Time for Completion. Request for extension


of time to complete development of a subdivision or condominium project may be
granted only in cases where non-completion of project is caused by fortuitous events,
legal orders or force majeure and with the written notice to lot or unit buyers without
prejudice to the exercise of their rights pursuant to Section 23 of the decree.

The request for extension of time for completion shall be accompanied by a


revised work program for a period of one year with project costing and financing
scheme therefor. In appropriate cases the Commission may require the posting of
additional performance bond not exceeding fifty percent of development cost, cancel
the license to sell, if any, or issue such orders it may deem proper.

SECTION 21. Transfer of Ownership or Change of Name. Request for


transfer of ownership and/or change of name may be granted only if there is a deed of
absolute sale over the subdivision or condominium project sought to be transferred
and/or the name thereof changed with an undertaking on the part of the transferee to
assume full responsibility for the completion of the development thereof. The

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 28
requirement in Sections 4 and 6 hereof shall be observed whenever applicable.

Such request for transfer of ownership or change of name shall be published at


applicant's expense in a newspaper of general circulation within the city or
municipality where the project is located at least once a week for two (2) consecutive
weeks.

SECTION 22. Alteration of Plans. Request for alteration of subdivision


or condominium plans may be granted if the requirements of Section 22 of the decree
are complied with.

SECTION 23. Non-forfeiture of Payments. No installment payment


made by a buyer in a new or existing subdivision or condominium project for the lot
or unit he contracted to buy shall be forfeited in favor of the owner or developer when
the buyer, after due notice to the owner or developer and clearance from the
Commission desists from further payment due to the failure of the owner or developer
to develop the project according to the approved plans and within the time limit for
complying with the same. Such buyer may at his option be reimbursed the total
amount paid including amortization interests but excluding delinquency interests, with
interests thereon at the legal rate.

SECTION 24. Registration of Conveyances. Sales or conveyances of


the subdivision lots and condominium units shall be registered within 180 days from
execution thereof by the seller with the Register of Deeds of the province or city
where the property is situated pursuant to Section 17 of the Decree. Except as may
otherwise be provided for by law the Commission may in appropriate cases cause the
Register of Deeds to cancel registration, entries or annotations on titles made on this
regard.

SECTION 25. Mortgages. Mortgage of any unit or lot by the owner or


developer shall be cleared with the Commission pursuant to Section 18 of the Decree.

SECTION 26. Realty Tax and Other Charges. No realty tax assessment
or other charges shall be imposed on a lot or unit buyer except as provided for in
Sections 26 and 27 of the Decree.

SECTION 27. Complaints Against Owners, Dealers, Brokers and


Salesmen. Complaints or proceedings against owners, developers, dealers, brokers
and salesmen shall be resolved in accordance with the Rules of Procedure to Govern
the Conduct of Hearings Before the Commission.
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 29
SECTION 28. Administrative Fines.

a. Any owner or dealer who fails to register an existing subdivision


project or condominium project within the period prescribed under
these rules and regulations shall be penalized by a fine of Five
Hundred Pesos (P500.00) per day of delay but not exceeding Ten
Thousand Pesos (P10,000.00), as provided under Section 38 of the
Decree.

b. Any owner or dealer who sells any subdivision lot or condominium


unit without a valid license from the Commission to sell such lot or
unit shall be penalized by a fine of not more than Ten Thousand
Pesos (P10,000.00).

c. Any salesman, broker or dealer who engages in the business of


selling subdivision lots or condominium units without a valid
certificate of registration from the Commission shall be penalized
by a fine of not more than Ten Thousand Pesos (P10,000.00).

d. Any person who violates any provisions of these Standards, Rules


and Regulations shall be penalized by a fine of not more than Ten
Thousand Pesos (P10,000.00).

The implementation and payment of these administrative fines shall not


preclude criminal prosecution of the offender under Section 39 of the
Decree.

SECTION 29. Criminal Penalties. Any person violating any provisions


of these Rules shall be guilty of an offense and shall suffer the penalties provided for
under Section 39 of the Decree.

SECTION 30. Identification of Lot Subject of Sale. The owner or dealer


of a subdivision project shall attach to and which shall form part of the sales
document of any lot, a sketch plan clearly showing the area, boundaries and
dimensions of the lot in relation with the block and the whole project, as well as the
location of the project in relation with public roads and other land marks, to be
certified by a licensed geodetic engineer and signed by the seller and buyer. AEDCHc

SECTION 31. Broker/Salesman as Witnesses to Sales. The Broker or


salesman who negotiated the sale of a subdivision lot or condominium unit shall act as
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 30
one of the witnesses to the sales document with an indication of his Certificate of
Registration number and renewal date. If the sale was directly made by the owner or
dealer, the fact must be so stated in the sales document.

SECTION 32. Fees. The Commission shall collect the following fees.

A. Approval of Subdivision Plan:

1. Preliminary Processing Fees P50.00 and additional amount of


P10.00 for every hectare or fraction thereof in excess of ten (10)
hectares. This shall be equivalent to final processing fee for
simple subdivisions.

2. Final Processing Fees. for the different kinds of subdivision


projects as defined in the Design Standards, Section 14 thereof.

a. Subdivisions having a density of 66 to 100 families/gross


hectare P150.00/hectare or any fraction thereof.

b. Subdivisions having a density of 21 to 65 families/gross


hectare P200.00/hectare or any fraction thereof.

c. Subdivision having a density of 20 and below


families/gross hectare P300/ hectare or any fraction and
an additional amount of P0.10 per square meter of floor
area of houses/buildings sold with the lot.

3. Alteration of Plans Fees These shall be the same as No. 2


(Final Processing Fee), but shall cover only the affected portions
of the subdivisions subjected to alteration.

B. Approval of Condominium Plan:

1. Preliminary Processing Fee P50.00

2. Final Processing Fee P0.50 square meter of the project total


land area and an additional amount of P0.10 per square meter of
saleable floor area of the building.

3. Alteration of Plans Fees the same as No. 2 (Final Processing


Fees), but shall cover only the affected portion of the

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 31
condominium subjected to alteration.

4. Conversion of existing structure to condominium the same as


No. 2.

Registration and License to Sell of Subdivision/Condominium Project:

1. Registration and License to Sell of Subdivision Project:

a. Subdivisions having a density of 66 to 100 family


lots/gross hectare P5.50/saleable lot.

b. Subdivisions having a density of 21 to 65 family lots/gross


hectare P15.00 saleable lot.

c. Subdivisions having a density of 20 family lots and


below/gross hectare P30.00/saleable lot.

2. Registration and License to Sell Condominium Project:

a. For condominium project serving the low income group a


processing fee of P1.00 per square meter of saleable area.

b. For condominium projects serving the middle income


group a processing fee of:

P2.00 per square meter of residential area; and

P5.00 per square meter of commercial area.

c. For condominium projects serving the high income level a


processing fee of:

P4.00 per square meter of residential area; and

P5.00 per square meter of commercial area.

C. Inspection Fees:

1. Subdivisions:

a. Subdivisions having a density of 66 to 100 family

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 32
lots/hectare P10.00/hectare or any fraction thereof.

b. Subdivisions having a density of 21 to 65 family


lots/hectare P15.00/hectare or any fraction thereof.

c. Subdivisions having a density of 20 family lots and


below/hectare P20.00/ hectare or any fraction thereof.

2. Condominium P1.50/sq.m. of saleable area

D. Registration of Dealers, Brokers and Salesmen

1. For dealer/broker P50.00

2. For salesman P30.00

SECTION 33. Accreditation of Licensed Engineers and Architects. Any


duly licensed Architect, Engineer or Planner who desires to be accredited with the
Commission shall file his sworn application containing his name and address, current
Professional Regulation Commission Registration number and date of issuance
(attached photostatic copy); and specimen of signature and dry seal.

SECTION 34. Authority for the Issuance of Supplemental Directives or


Memoranda. Authority is hereby given to the Chief Executive Officer of the
Commission to issue supplement directives or memoranda implementing or
interpreting and consistent with the provision hereof.

SECTION 35. Applicability. These Rules shall apply only to residential


subdivisions and condominium projects as defined by the Decree and related laws.
Development of an existing subdivision shall be governed by the design standards and
requirements set forth by the appropriate government agency obtaining at the time of
its approval. These Rules shall not apply to the transactions mentioned in Section 7 of
the Decree.

SECTION 36. Separability Clause. The provisions of these Rules are


hereby declared separable, and in the event any of such provisions are declared null
and void, the validity of all other provisions shall not be affected thereby.

SECTION 37. Effectivity. These Rules shall take effect immediately


after its publication three (3) times a week for two (2) consecutive weeks in any
newspaper of general circulation.
Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 33
Adopted and promulgated this 02 September 1981, at Makati, Metro Manila.

APPROVED:

(SGD.) IMELDA R. MARCOS


Minister of Human Settlements
Chairman of Human Settlements
Regulatory Commission

ATTESTED:

(SGD.) ERNESTO C. MENDIOLA


Commissioner and
Chief Executive Officer

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 34

You might also like