Batas Pambansa Blg.

344 An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to install Facilities and Other Devices REPUBLIC OF THE PHILIPPINES Batasang Pambansa Fifth Regular Session Begun and held in Quezon City, Metropolitan Manila, on Monday, The twenty-sixth day of July nineteen hundred and eighty-two. BATAS PAMBANSA BLG. 344 AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES. Be it enacted by the Batasang Pambansa in session assembled SECTION 1. In order to promote the realization of the rights of disabled persons to participate fully in the social life and the development of the societies in which they live and the enjoyment of the opportunities available to other citizens, no license or permit for the construction, repair or renovation of public and private buildings for public use. Educational institutions, airports, sports and recreation centers and complexes, shopping centers or establishments, public parking places, work-places, public utilities, shall be granted or issued unless the owner or operator thereof shall install and incorporate in such building, establishment, institution or public utility, such architectural facilities or structural features as shall reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railings and the like. If feasible, all such existing buildings, institutions, establishments, or public utilities to be constructed or established for which licenses or permits had already been issued may comply with the requirements of this law: Provided, further, That in case of government buildings, street and highways, the Ministry of Public Works and Highways shall see to it that the same shall be provided with architectural facilities or structural features for disabled persons. In the case of the parking place of any of the above institutions, buildings, or establishment, or public utilities, the owner or operator shall reserve sufficient and suitable space for the use of disabled persons. SECTION 2. In case of public conveyance, devices such as the prominent display of posters or stickers shall be used to generate public awareness of the rights of the disabled and foster understanding of their special needs. Special bus stops shall be designed for disabled persons. Discriminating against disabled persons in the carriage or transportation of passengers is hereby declared unlawful. SECTION 3. The Minister of Public Works and Highways and the Minister of Transportation and Communication, in coordination with the National Commission Concerning Disabled Persons, shall prepare the necessary rules and regulations to implement the provisions of this Act.

SECTION 4. Any person violating any provision of this Act or of the rules and regulations promulgated hereunder shall, upon conviction by a court of competent jurisdiction, suffer the penalty of imprisonment of not less than one month but not more than one year or a fine of P2,000 to P5,000 or both, at the discretion of the court: Provided, That in the case of corporations, partnerships, cooperatives or associations, the president, manager or administrator, or the person who has charge of the construction, repair or renovation of the buildings, space or utilities shall be criminally responsible for any violation of this Act and/or rules and regulations promulgated pursuant thereto. SECTION 5. All laws, executive and administrative orders, rules and regulations inconsistent with the foregoing provisions are hereby repealed or amended accordingly. SECTION 6.This Act shall take effect upon its approval. Approved. (Signed) QUERUBE C. MAKALINTAL Speaker This Act was passed by the Batasang Pambansa on December 7, 1982 (Signed) ANTONIO M. DE GUZMAN Secretary General Approved: February 25, 1983 (Signed) FERDINAND E. MARCOS President of the Philippines

BATAS PAMBANSA BILANG. 220 BATAS PAMBANSA BLG. 220 - AN ACT AUTHORIZING THE MINISTRY OF HUMAN SETTLEMENTS TO ESTABLISH AND PROMULGATE DIFFERENT LEVELS OF STANDARDS AND TECHNICAL REQUIREMENTS FOR ECONOMIC AND SOCIALIZED HOUSING PROJECTS IN URBAN AND RURAL AREAS FROM THOSE PROVIDED UNDER PRESIDENTIAL DECREES

NUMBERED NINE HUNDRED FIFTY-SEVEN, TWELVE HUNDRED SIXTEEN, TEN HUNDRED NINETY-SIX AND ELEVEN HUNDRED EIGHTY-FIVE

Section 1. It is hereby declared a policy of the Government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector, in order to make available adequate economic and socialized housing units for average and low-income earners in urban and rural areas. Sec. 2. As used in this Act, economic and socialized housing refers to housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. It shall also refer to the government-initiated sites and services development and construction of economic and socialized housing projects in depressed areas. Sec. 3. To carry out the foregoing policy, the Ministry of Human Settlements is authorized to establish and promulgate different levels of standards and technical requirements for the development of economic and socialized housing projects and economic and socialized housing units in urban and rural areas from those provided in Presidential Decree Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision and Condominium Buyers' Protective Decree," Presidential Decree Numbered Twelve hundred and sixteen, "Defining Open Space in Residential Subdivision"; Presidential Decree Numbered Ten Hundred and ninety-six, otherwise known as the "National Building Code of the Philippines"; and Presidential Decree Numbered Eleven hundred and eighty-five, otherwise known as the "Fire Code of the Philippines" and the rules and regulations promulgated thereunder, in consultation with the Ministry of Public Works and Highways, the Integrated National Police, and other appropriate government units and instrumentalities and private associations. Sec. 4. The standards and technical requirements to be established under Section three hereof shall provide for environmental ecology, hygiene and cleanliness, physical, cultural and spiritual development and public safety and may vary in each region, province or city depending on the availability of indigenous materials for building construction and other relevant factors. Sec. 5. The different levels of standards and technical requirements that shall be established and promulgated by the Ministry of Human Settlements only after public hearing and shall be published in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks and shall take effect thirty days after the last publication. Sec. Approved: 6. This March Act shall 25, take 1982. effect (P.B. upon its No. approval. 1880)

ANNEX A - RULES AND STANDARDS FOR ECONOMIC AND SOCIALIZED HOUSING PROJECTS TO IMPLEMENT BATAS PAMBANSA Pursuant to Section 3 of Batas Pambansa Blg. 220 and by virtue of Section 4 (f) of Presidential Decree 1396, the following rules and levels of standards are hereby promulgated.

RULE I GENERAL PROVISIONS Section 1. Scope of Application. These rules and standards shall apply to the development of economic and socialized housing projects in urban and rural areas as defined in Section 2 of BP Blg. 220. They shall apply to the development of either a house and lot or a house or lot only. These rules and standards shall also apply in the case of individual lot owner who belong to the category of average of low income earners as defined in BP Blg. 220 and who shall cause the construction of their houses after the effectivity of these Rules. Sec. 2. Declaration of Policies. It is a policy of the government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector in order to make available adequate economic and socialized housing units for averaged and low-income earners in urban and rural areas. RULE II DEFINITION OF TERMS Sec. 3. As used in this rules, the following words and phrases are defined and understood to have the meaning correspondingly indicated therein. ALLEY access BLOCK the : : serve emergency to connecting A sides or : A public both vehicles, lots, parcel by or of streets other features, intended A three living together compact Shall : to the such mean Regulatory Facilities serve benefit as: or common of to the single-family or units form Human structures the way pedestrian and both to land or and for attached end bounded alleys natural intended to and also always streets. on or or occupied buildings. dwelling more grouped relatively structures. Settlements Commission. intended needs and community, neighborhood/

pathways manmade by CLUSTER HOUSING containing separate closely :

COMMISSION COMMUNITY FACILITIES for

multi-purpose center, DWELLING : residence A drugstore, center, building for

center, school, designed one or or used

health livelihood etc. as more families. a which by with services, land. a or each from lines independent and dwellings houses cluster housing. a containing 3 provided access, land.

Single-Family Detached dwelling for one family is completely surrounded permanent open spaces, independent access, and use of Single-Family Attached dwelling containing two more separate living units of which is separated another by party or lot walls and provided with access, services, use of land. Such shall include duplexes, row or terraces, and Multi-Family dwelling separate or more with services, ECONOMIC SOCIALIZED AND : HOUSING families rates : the shall e.g., at shall whole length on living and A and Any living be bricks, wall units spread of type to with of Dwelling one units families, common use housing moderately lower longer which so of usually of project low lot for

provided income interest amortization periods. two to Such construction hollow concrete, thick, throughout living

FIREBLOCK abutting resist wall

separate as fire.

blocks, etc. and the

masonry cement reinforced least "4" extend of the

units of living just FIRE-RESISTIVE TIME PERIOD RATING may FIRE WALL :

and the units below

from wall up the of resistive of

the to

lowest adjoining the roof period is a material burned 2-hours,

portion the point covering purlins. the can which 3-hours, etc. vertically portion the minimum the roof wall horizontally of outermost units. a lot street.

time length time withstand being be one-hour, 4-hours, : A

Fire

fireblock with extends from the lowest of the wall which adjoins 2 living units up to a height of 0.30 meter above highest portion of the attached to it; the fire shall also extend up to a minimum distance 0.30 meter beyond the edge of the abutting living : which UNIT providing for provisions cooking, toilet facilities, : any a or That : A part abuts dwelling, complete one for eating, facilities same of or living family, living, bathing and as or end a portion of

FRONTAGE LIVING

the

thereof, facilities including sleeping, and laundry single family-dwelling.

LOT/PLOT

A parcel unit

portion of for for wall lot at is

a land transfer building used a of a only the

subdivision or intended as of ownership development. by wall line land separate the party is separating each real

LOT

LINE WALL : A upon whose located, erected two parcels of which

estate OCCUPANCY is used. include housing occupancy include OPEN SPACE for PARTY WALL parties erected two each : A under upon of : on or A and block adjacent with meters and in ROW HOUSE containing separate in such each other : a at maximum if 50 a A to streets public That is and parcels which real portion a wall used jointly easement line of is a of the generally intended active way which provide or of to if dead intended cuts access : : The used purpose or The the such is change Shall the for intended term building use. not of refer to following which a to shall or Change intended tenants areas

entity. building be also room of to or proprietors. allocated purposes: Circulation facilities Park/Playground Easements Courts by two agreement, separating land separate estate. subdivision not for recreation. for across to property 100 roads terminating end. dwelling more designed abut a

Community

PARK/PLAYGROUND which built passive PATHWALK/ FOOTPATH a : pedestrian

length connecting meters

single-family attached three or living units way that they the sides, as

in

row, each services, TECHNICAL REQUIREMENTS :

and other with and Shall of housing systems for refer required the by

are party independent use to the by

separated walls: of set of

from provided access, land. documents Commission and socialized including procedures implementation

for approval

economic projects and the

the processing and

and enforcement of BP 220. RULE III MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR ECONOMIC AND SOCIALIZED HOUSING Sec. 4. Compliance with standards required. Development of economic and socialized housing project shall be in accordance with the minimum design standards herein set forth. Sec. 5. Basis and objectives of the minimum design standards. The minimum design standards set forth herein are intended to provide minimum requirements within the generally accepted levels of safety, health and ecological considerations. Variations, however are also possible, as may be based on some specific regional, cultural and economic setting, e.g., building materials, space requirements and usage. The parameters used in formulating these Design Standards are: A. B. 1) 2) 3) 4) 5) 6) Protection Basic needs and of safety human of life, limb, property in and general public order as welfare. follows:

settlements,

enumerated Water and

descending

Movement Solid Storm and

Liquid Power

Circulation drainage Waste Disposal Park/Playground

The provision of these basic needs shall be based on the actual setting within which the project site is located. C. D. Affordability levels of target market Location

The Actual setting of project site shall determine the type and degree of development to be required in a subdivision/housing project regardless of political boundaries. With respect to this, the degree on level of

development

shall

be

defined

as

follows:

1) Underdeveloped Area characterized by the predominant absence of utility systems or networks, especially water supply, roads and power. 2) Developed Area characterized by the predominant presence of utility systems or network, especially water supply, roads and power. Sec. 6. Technical Guidelines. In determining whether an economic and socialized housing shall be allowed, the following guidelines shall be considered. A. 1. Suitability Physical of Site Suitability

A potential site must have characteristics assuring healthful, safe and environmentally sound community life. It shall be stable enough to accommodate foundation load without excessive site works. Critical areas (e.g., areas subject to flooding, lands slides and street) must be avoided. 2. Slope

Flat to rolling terrain (0 to 5%) are preferable but housing development may take place up to 15% slopes, with flat lands (below 5%) for high density development and sloping area (5-15%) for low to medium density development. The latter slopes, however, should be capable of being developed for habitation at reasonable cost with assurance of stability for vertical construction. 3. Availability of basic needs

The prioritized basic needs cited earlier shall preferably be available within reasonable distance from the project site, but where these are not available, the same shall be provided for by the developer. 4. Conformity with the Zoning Ordinance or Land Use Plan of the City/Municipality

Generally, housing projects should conform with the Zoning Ordinance of the city/municipality where they are located. However, where there is no Zoning Ordinance or Land Use Plan, the dominant land use principle and site suitability factors cited herein shall be used in determining suitability of a project to a site. Furthermore, if the project is undoubtedly supportive of other land uses and activities, (e.g., housing for industrial workers) said project shall be allowed. B. Allowance for future development

Project design should consider not only the reduction of cost of development to a minimum but also provision for possible future improvement or expansion, as in the prescription of lot sizes, rights-of-way of roads, open space, allocation of areas for common uses and facilities.

C. 1. Saleable

Land and non-saleable

Allocation are

There shall be no fixed ratio between saleable portion and non-saleable portion of a subdivision project. 2. Area allocated for Circulation System

The area allocated for the circulation system shall not be fixed, as long as the prescribed dimension and requirements for access (to both the project site and to dwelling units) specified in these Design Standards are complied with. 3. Area allocated for community facilities

Sites for community facilities shall be reserved or allocated by the developer, where such facilities may be constructed/put up the Homeowners Association as the need arises. Said sites shall be used exclusively for these facilities as defined in Rule II, and the area shall be exclusive of that area intended for park/playground. The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of lots and/or living units whichever is applicable, as shown in Table I. TABLE REQUIRED ACCORDING No. per 150 151 above of ha. lots I AREA and/or % FOR living of and to 225 COMMUNITY TO units gross Areas area for of below 225 2.0% FACILITIES DENSITY Community Facilities subdivision 1% 1.5%

Community facilities shall be centrally located where they can serve maximum member of population, preferably near or side by side the park/playground. 4. Provision for Area allocated park/playground is required for in all Park/Playground cases.

Allocation of areas for parks and playgrounds shall be exclusive of those allocated for community facilities and shall vary according to the density of lots and/or living units in the subdivision, whichever is applicable, as shown in Table 2. TABLE REQUIRED ACCORDING AREA TO FOR DENSITY 2 PARK/PLAYGROUND

Area No. units 150 151 above of lots per and to

for Density and/or living % hectare below 225 225 of

Park/ Playground gross area subdivision 3.5 7.0 9.0 of

Location of parks shall be based on hierarchy, accessibility and shall be free from hazard, risks, barriers, etc. Landscaping Minimum (sodding size and for tree-planting) a shall be done by is the subdivision square developer/owner. meters.

pocket

park

100

D. Integration of project site with adjacent property and to the total development context of the city/municipality. Land allocation and alignment of the various utilities (roads, drainage, power and water) of the subdivision should align and be integrated with those of existing networks as well as projects outside the boundaries of the project site, e.g., access roads (road connecting project site to the nearest public road) should follow the standard specification of the MPWH. Hierarchy of roads (with respect to function and dimensions) shall be observed when planning the road network within the project site such that no major or minor road align with an alley or footpath. Sec. 7. Design Standards and Planning Considerations. The following design standards and planning considerations shall be observed by all projects covered by these Rules. A. 1. Minimum requirement shall Water Underdeveloped be provision of communal wells. Supply Area

Water supply must be potable and adequate at least 43 liters per capita per day. Supply source shall be identified and developed by the project developer/owner. Whenever a body of water shall be utilized for community waters supply, permits from the National Water Resource Council (NMRC) shall be obtained. Standards set by the Regional Water Resource Council (RWRC) on water source development shall be complied with. Each well shall be allocated approximately four (4) square meters area which shall form part of the area for community facilities (as defined in Rule II) and shall not encroach on any saleably lot or right of way.

2.

Developed

Area

Whenever a public water supply system exists, connection to it by the subdivision is mandatory. Each lot and/or living unit shall be served with water connection (regardless of the type of distribution system). Water supply provided by the local water district shall be complemented/supplemented by other sources, when necessary, such as communal well which may be located strategically for ease and convenience in fetching water by residents and at the same time not closer than 300 meters from each other. If public water supply system is not available, the developer shall provide for an independent water supply system within the subdivision project. Minimum quantity requirement shall be 75 liters per capita per day. Likewise, required permits from the NWRC shall be obtained and standards of the Local Water Utilities Administration shall be complied with. If ground reservoir is to be put up, and area shall be allocated for this purpose (part of allocation for community facilities). The size shall depend on volume of water intended to be stored. Provide for protection from pollution namely, buffer of at least 25 meters from sources of pollution/contamination. For B. elevated reservoir, structural design shall comply with accepted structural standards. System

Circulation

1. Circulation system shall be the same in both Underdeveloped Area and a Developed Area projects except for type of pavement which is adopted on regional or locational peculiarities of the project site. TABLE HIERARCHY Type Road Major Minor provide around or space Alley connecting road), end) Footpath connecting 50 6.50 of Way 5.00 space. less, not 3.00 3.00 to 75 2.00 m. 2.00 to 100 (dead 150 m. a m. m. an end) (both 3 OF Right-of Carriageway 8.00 120 for If turn m. 50 ROADS Maximum Length (dead 6.00 end), turn m. around required. ends Minor (dead ends alley),

(both

TABLE MAXIMUM Project above above footpath. above major cited PD above service footpath Model TABLE PAVING Type Footpath rocks, Alley Minor Major 0 2.50 15.00

4 SIZES OF Size 2.50 15.00 30.00 road Table 30.00 road, as A MATERIAL of PROJECTS Range has has has to 3. Model then cited of SPECIFICATION Road aggregates pebble, aggregates road road aggregates Macadam (Model A's major in PD PER TYPE Underdeveloped (stones, Minor Major Model road, B's PER HIERARCHY Road road, minor major footpath B collector road Table 957) OF ROAD Developed aggregates gravel) aggregates macadam asphalt alley road road, of 957) road, to 3. 5 OF ROAD Network footpath alley, then as

in

Note: Paving material for roads adopted from Models A and B (PD 957) shall have the same paving materials as cited herein, i.e., asphalt. 2. a) b) Planning Observance of Considerations the hierarchy to of or roads Circulation within natural the Layout subdivision. topography.

Conformance

c) Consideration for access and safety e.g. adequate radius, minimum number of roads at intersections, moderate slope/grade, adequate sight distance, no blind corners, etc. d) Optimization as to number of lots to lessen area for roads, at the same time enhance community interaction. e) There shall be no duplications of street names and such names shall not bear any similarity to existing street

names in adjacent subdivision, except when they are in continuation of existing ones. Street names shall be recognizable and readable. The developer shall bear the cost of purchase and installation of street names/signs coincident with the construction of streets and utilities. f) Sidewalks shall not be required when drainage system is through open canals; when drainage canals are covered or underground, the space above the canals shall be utilized as sidewalk. C. Drainage system shall be Drainage required in all projects. System

An open canal on each side of the circulation network shall be provided. Said canal shall have appropriate slope to effect good drainage. Moreover, the sides of the open canal shall be lined with grass or stones to prevent erosion. See illustration below. In case of non-existence of drainage system in the locality, catchment area for drainage discharges shall be provided for and developed by the developer/owner in consultation with local authorities or private entities concerned, to prevent flooding of adjacent property. Moreover, said catchment are shall be made safe and maintained and shall form part of the park/playground requirement. D. The minimum Sewage requirement for sewage disposal Disposal shall be the use of septic System tank.

For single detached units and multi-unit buildings, communal septic tanks may be allowed. Drainfield area of affluent shall be 25.00 meters minimum distance from any sources of water (well, spring, etc.). E. 1. Electrical Underdeveloped Power Supply Area

Electrical power supply is optional. However, the developer shall allocate sufficient land area for easements for power supply facilities based on existing laws and regulations. 2. Developed Area

When power is available within the locality of the project site, its connection to the subdivision is required. Actual connection, however, may depend on the minimum number of users as required by the power supplier. Installation particles, materials and fixtures used, shall be in accordance with the provisions of the existing rules and regulations of the Electrical Code of the local power utility company. F. Lot sizes

1. a) b) a. b.

Minimum Detached

lot

area dwelling

requirement unit

shall 72.00 dwelling

be

as sq.

follows: meters unit

Semi-detached corner row lot house d.u. 54.00

sq. 36.00

meters sq. meters

2. Lot Planning consideration (applicable to both Underdeveloped Area and Developed Area Projects). a) b) A lot Deep shall either lots be and served by a road, motor court, lots an shall alley or be a pathway. avoided.

irregularly

shaped

c) Lot elevation may be at grade, lower or higher than the elevation of the street but should not be so excessive as to effect good utility connection/run. d) Lot lines shall be perpendicular or radial to street lines in appropriate cases.

e) Lot shall be protected against non- conforming uses and/or other risk through provision of adequate buffer strip, protective walls, and roads or other similar devices. On the other hand, lot shall be laid out that they front desirable views, such as parks, lagoon, etc. f) g) Single Single Row G. Lot shall be so laid out that water courses/drainage lot lot Block 8.00 6.00 meters meters 3.50 ways do not bisect the lots.

Minimum detached attached house/irregular

frontages:

meters Length

Maximum block length is 250 meters. Block length exceeding 250 meters, but not beyond 400 meters, shall be provided by an alley at midlength. H. Easements

Provisions for easements in both Under-developed Area and Developed Area projects shall be integrated with utility network/part of right of way. I. 1. Garbage Other Disposal Facilities System

Garbage disposal shall be undertaken by the local government or in the absence thereof by individual lot owners, but shall always observe sanitary practices and methods. 2. Firefighting

The Homeowners Association shall form fire brigade in collaboration with the barangay fire brigade. Water for fire fighting shall be part of the water supply requirement and shall comply with the requirements of the local/district fire unit of the Integrated National Police. Sec. 8. Building Design Standards and Guidelines. Projects incorporation housing components shall comply with the following design standards and guidelines. A. 1. 2. Height Limitation Single Maximum Unit Family number of stories is two Dwelling (2). Planning

a. Access to the Property. Direct access to the single-family dwelling shall be provided by means of an abutting public street, alley or pathway. b. Access to the dwelling unit. An independent means of access to the dwelling unit shall be provided without trespassing adjoining properties. Acceptable means of access to the rear yard of the dwelling unit shall be provided without passing through any other dwelling unit or any other yard. c. Open space requirements. Open spaces shall be located totally or distributed anywhere within the lot in such a manner as to provide maximum light and ventilation into the building. TABLE PRIVATE Percent Type a. in block or private b. or c. lot of Interior the alley access Inside single Corner frontage and/or 10% made by interior means road). lot lot) 6 OPEN of Lot Residential lot SPACE REQUIREMENT Open All (located of accessible of 50% (non-corner 20% through 15% a a 25% 15% Space Others

d. (3) public as seashores, esteros,

Lots or open streets,

bounded more spaces easement rivers, etc.

on sides

three by such of 5% 5%

d. Sizes and Dimensions of Courts and Yards. The minimum horizontal dimension of courts and yards shall be not less than 2.0 meters. All inner courts shall be connected to a street of yard, either by a passageway with a minimum width of 1.20 meters or by a door through a room or rooms. Every court shall have a width of not less than 2.0 meters for one and two-storey buildings. However, this may be reduced to not less than 1.50 meters in cluster living units such as quadruplexes, row-houses and the like one or two storeys in height with adjacent courts with an area of not less than 3.00 square meters. Provided, further, that the separation walls or fences, if any, shall be not higher than 2.00 meters. Irregularly shaped lots such as triangular lots and the like whose courts may be also triangular in shape may be exempted from having a minimum width of 2.0 meters, provided that no side thereof shall be less than 3.0 meters. e. Abutments. Abutments may be permitted on all sides provided that:

a. A fire wall starting from the ground level and extending at least 0.30 meters from the roof line is constructed. b. c. 3. There The fire shall wall be shall no have a opening minimum on of the one-hour Design party fire fire resistive wall. rating. Standards

Building

a. Space Standards. Spaces within the dwelling structure shall be distributed in an economical, efficient and practical manner so as to afford the maximum living comfort and convenience and to insure health and safety among the occupants. It shall provide complete living facilities for one family including provisions for living, sleeping, laundry, cooking, eating, bathing and toilet facilities. b. Floor Area Requirement. The minimum floor area requirement for single-family dwelling shall be 20.00 square meters. c. Ceiling Heights

1. Minimum ceiling height for habitable measured from the finished floor line to the ceiling line. Where ceilings are not provided, a minimum headroom clearance of 2.00 meters shall be provided. 2. Mezzanine floors shall have a clear ceiling height of not less than 1.80 meters above and below it, provided that it shall not cover 50% of the floor area below it. d. Openings

1.

Doors

a. A minimum of one entrance/exit shall be provided where the number of occupants is not more than 10; two (2) entrance/exits where the number of occupants is greater than 10. b. Doors shall have a minimum clear height of 2.00 meters. Except for bathroom doors and doors in the mezzanine which shall have a minimum clear height of 1.80 meters. c. Main Service Bedroom Bathroom 2. Minimum clear Door Door/ Door Door 0.70 0.60 meters meters Windows widths shall be 0.80 the following: meters

A. Rooms for habitable use shall be provided with windows with a total free area of openings equal to at least 10% of the floor area of the room. B. Bathrooms shall be provided with window/s with an area not less than 1/20 of its floor area. C. Required windows may open into a roofed porch where the porch:

a) Abuts a court, yard, public street or alley, or open water course and other public open spaces; b) Has a ceiling height of not less than 2.00 m.

e. Interior Stairs. The stairs shall ensure structural safety for ascent and descent, even in extreme cases of emergency. It shall afford adequate headroom and space for the passage of furniture. 1. Width. Stairways shall have a minimum clear width of 0.60 meters.

2. Rise and Run. Stairs shall have a maximum riser height of 0.25 meters and a minimum tread width of 0.20 meters. Stairs treads shall be exclusive of nosings and/or other projections. 3. Headroom Clearance. Stairs shall have a minimum headroom clearance of 2.00 meters. Such clearance shall be established by measuring vertically from a place parallel and tangent to the stairway tread moving to the soffit above all points. 4. Landings. Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway. Maximum height between landing shall be 2.60 meters. 5. Handrails. Stairways shall have at least one handrail on one side provided there is a guard or wall on the

other side. However, stairways have less than four (4) risers need not have handrails, and stairs with either a guard or wall on one end need not be provided with a handrail on that end. 6. Guard and Handrail details. The design of guards and handrails and hardware for attaching handrails to guards, balusters or masonry walls shall be such that these are made safe and convenient. a. Handrails on stairs shall not be less than 0.80 meters nor more than 1.20 meters above the upper surface of the tread, measured vertically to the top of the rail from the lending edge of the tread. b. Handrails shall be so designed as to permit continuous sliding of hands on them and shall be provided with a minimum clearance of 38 mm. from the wall to which they are fastened. c. The height of guards shall be measured vertically to the top guard from the leading edge of the tread or from the floor of landings. It shall not be less than 0.80 meters and no more than 1.20 meters. Masonry walls may be used for any portion of the guard. 7. Winding and circular stairways. Winders and circular stairways may be used if the required width of run is provided at a point not more than 300 millimeters from the side of the stairway where the treads are narrower but in no case shall any width of run be less than 150 mm. at any point. The maximum variation in the height of risers and the width of treads in any one flight shall be 5 mm. 8. Ladders. The use of ladders be allowed provided that the maximum distance between landings shall be meters. f. Roofing. Roofing material that is impervious to water shall be provided.

g. Electrical Requirements. There shall be provided at least one light outlet and one convenience outlet per activity area. h. Fireblocks. When any two (2) living units abut each other, a fireblock shall be required in which case the fireblock shall be the masonry construction (e.g., cement hollow blocks, bricks, reinforced concrete, etc.), at least 4" thick, and shall extend from the lowest portion of the wall adjoining the 2 living units up to the point just below the road covering or purlins. i. Abutments. Whenever a dwelling abuts on a property line a fire wall shall be required. The fire wall shall be of masonry construction, at least 4" thick, and extend vertically from the lowest portion of the wall adjoining the living units up to a minimum height of 0.30 meters above the highest point of the roof attached to it the fire wall shall also extend horizontally up to a minimum distance of 0.30 m. beyond the outermost edge of the abutting living units. No openings whatsoever shall be allowed except when the two abutting spaces of two (2) adjacent living units are unenclosed or partially open, e.g., carports, terraces, patios, etc.; instead a separation wall shall be required. B. 1. Multi-Family Plot Dwellings Planning

a. Access to the property. Direct vehicular access to the property shall be provided by means of an abutting improved public street or alley. b. Access to the dwelling. An independent means of access shall be provided to each dwelling, or group of dwellings in a single plot, without trespassing adjoining properties. Each dwelling must be capable of maintenance without trespassing adjoining properties. Utilities and service facilities must be independent for each dwelling unit. Each dwelling unit shall be provided with a sanitary means for the removal of garbage and trash. c. Access to living units. An independent means of access to each living units shall be provided without passing through any yard of a living unit or any other yard. d. Non-residential use. Portions of the property may be designed or used for non-residential use provided the type of non- residential use is harmonious or compatible with the residential character of the property. Some examples of allowable non-residential uses are garages, carports, cooperative store, and structures for the homeowners' association. Any non-residential use of any portion of the property shall be subordinate to the residential use and character of the property. The floor area authorized for non-residential use, whether in the principal dwelling structure or in any accessory building, shall not exceed 25% of the total residential area. The computation of the non-residential area shall include hallways, corridors or similar spaces which serve both residential and non-residential areas. e. Open Space Requirements. Portions of the property shall be devoted to open space to provide for adequate light, ventilation and fire safety. 1. Setbacks from the property line shall be maintained, the minimum of which shall be the following: Kinds Lot Space Required Interior Inside Corner/ Through 2.0 Lot 2.3 2.6 2.9 3.2 3.5 abutting 3.8 4.1 4.4 4.7 1 Open & of MINIMUM 2 3 4 SETBACK 5 6 Total REQUIREMENT 7 8 9 PER 10 STOREY 11 12 50% 20% 10% 5.0

3 streets, rivers,

or alleys, esteros.

more 5%

2. Distance between building shall also be adequately maintained to ensure light and ventilation. In general, the minimum distance between 2 buildings in which the taller buildings has not more than two (2) storeys shall be 4.00 meter. And the minimum horizontal clearance between the two roof eaves shall be 1.50 meters. The minimum distance between two buildings wherein the taller building has three (3) or four (4) storeys, shall be 6.00 meters. And the minimum horizontal clearance between the two roof eaves shall be 2.00 meters. The minimum distance between buildings with more than four (4) storeys shall be 10 meters. The minimum horizontal clearance shall be 6 meters. Except, however, in cases when the two sides of the buildings facing each other are blank walls, i.e., either there are no openings or only minimal openings for comfort rooms, the minimum distance between the buildings shall be 2.00 meters. And the horizontal clearance between the roof eaves shall be 1.00 meter. In the measurement of distances between two buildings, measurement shall be made where the distance between the two buildings is shortest. f. Parking Requirements. For multi-family dwellings, a minimum of one (1) parking space for every twenty (20) living units shall be provided. 2. Building Design Stamps

a. Living Units. In general, all building design standards for the single-family dwelling shall apply for all living units of multi-family dwellings, except that, the minimum floor are of living unit in multi-family dwellings shall be 36.00 square meters. b. Exits. Exit requirements of a building or portion thereof shall be determined by the occupant load which gives the largest number of persons. No obstruction shall be placed in the required width of an exit except projections permitted by these implementing rules and regulations. The occupant load in any building or portion thereof shall be determined by multiplying the no. of living units by six (6). 1. No of Exits. Every multi-family dwelling or usable portion thereof, shall have at least one exist. Floors above the first storey shall have at least two exists, which shall be remote from each other, irrespective of the occupant load in the same storey. The number of exits required from any storey of a building shall be determined by using the occupant loads of floors which exit through the level under consideration as follows: 50% of the first adjacent storey above (and the first adjacent storey below, when a storey below exits through the level under considerations) and 25% of the

occupant load in the storey immediately beyond the first adjacent storey. The maximum number of exits required for any storey shall be maintained until egress is provided from the structures. For purposes of this Section basement or cellars and occupied roofs shall be provided with exits as required for storeys. 2. Width. Exits serving living units with occupant load of 50 or less shall have a minimum width of 0.80 meters. For every additional occupant load of 25 or fractions thereof, and additional width of 0.15 meters shall be provided. The total exit width required from any storey of a building may be divided approximately equally among the separate exits, provided the minimum width of 0.80 meters is maintained. The total exit width required from any storey of a building shall be determined by using the occupant load of that storey plus the percentage of the occupant loads of floors which exit through the level under consideration as follows: fifty (50) of the occupant load in the first adjacent storey above and the first adjacent below when a storey below exits through the level under consideration and twenty-five (25) percent of occupant load in the storey immediately beyond the first adjacent storey. The maximum exit width from any storey of a building shall be maintained. 3. Arrangement of Exits. Distance between any two exits shall be such that they shall be remote from each other and as arranged and constructed to minimize any possibility that both may be blocked by any one fire or other emergency condition, provided that it shall not be less than one fifth the perimeter of the area served, measured in a straight line between the exits. 4. Distance to Exits. No point in a building shall be more than 45.00 meters from an exterior exit door, a horizontal exit, exit passageway, or an enclosed stairway, measured along the line of travel. In a building equipped with the complete, automotive fire extinguishing system the distance from exits may be increased to 60.00 meters. 5. Automatic Smoke Detection Alarm Initiating Device. Automatic smoke detection alarm initiating devices shall be installed in every family dwelling unit located and adjusted to operate reliably in case of abnormal accumulation of smoke in any part of the protected area. Installation of smoke detection alarm initiating device shall be approved for the particular application, location and spacing. c. Corridors and Exterior Exit Balconies. The provisions herein shall apply to every corridor and exterior exit balcony serving as a required exit for an occupant load of more than fifty (50). 1. Width. Every corridor or exit balcony shall not be less than 1.20 meters in width. 2. Projections. The required width of corridors and exit balconies shall be unobstructed. Doors in any position shall not reduce the required width of the corridor by more than one-half. 3. Access to Exits. When more than one exit is required, they shall be so arranged to allow going to either direction from any dead end point. 4. Dead Ends. Corridors and exterior exit balconies with dead ends are permitted when the dead end not exceed 12.00 meters in length. 5. Construction. Walls of corridors above the first storey shall be of masonry (e.g. CHB, bricks, titles, etc.).

Ceilings shall likewise be fire-resistive Provided, however, that this requirement shall not apply to corridors formed by temporary partitions. Exterior exit balconies shall not project into an area where protected openings are required. 6. Openings. Where corridor walls are required to be fire-resistive, every interior door opening shall be protected as set forth in generally recognized and accepted requirements for dual purpose fire exit doors. The total are of all openings other than doors, in any portion of an interior corridor wall shall not exceed twenty-five (25) per cent of the area of the corridor wall of the room being separated from the corridor. 7. Ramps. Changes in floor elevation of less than 300 meters along any exit serving a tributary occupant load of 10 or more shall be by means of ramps. The maximum allowable slope for ramps is fifteen (15) percent. d. Common Stairways. Except for stairs or ladders used only to serve as access to equipment, every stairway inside a multi-family dwelling serving two or more living units shall conform to the following design requirements: 1. Width. Stairways serving two or more living units with an occupant load of 50 or less shall have a minimum clear width of 0.90 meters. Stairways serving living units with an occupant load more than 50 shall not be less than 1.00 meter in width. 2. Rise and Run. Stairs shall have a maximum riser height of 0.20 m. and minimum tread width of 0.25 m. Stairs shall be exclusive of nosing and/or other projections. The maximum variation in the height of risers and the width of treads in any one flight shall be 5 m. 3. Landings. Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway, however, such dimension need not exceed 1.20 meters when the stair has a straight run. Landings shall not be reduced in width by more than 100 millimeters by a door when fully opened. 4. Basement Stairways. When a basement stairway to an upper storey terminate in the same exit enclosure, an approved barrier shall be provided to prevent persons from continuing on to the basement. Directional exit signs shall be provided. 5. Distance between Landings. There shall not be more than 3.60 meters vertical distance between landings. 6. Handrails. Stairways less than 3.00 m. in width shall have at least one handrail on one side, provided there is a guard or wall on the other side. Stairways measuring 3.00 m. to 3.50 m. in width shall have two handrails. Stairways more than 3.50 m. wide shall have at least one intermediate handrail for every 3.00 m. of required width. Intermediate handrails shall be spaced approximately equal within the entire width of the stairway. Except that stairways having less than four (4) risers need not have handrails and stairs with either a guard or wall on one end need not be provided with a handrail on that end. 7. Handrail Details. Handrails shall be placed not less than 0.80 m. nor more than 1.00 m. above the nosing or treads. Ends of handrails shall terminate in newel pests or safety terminals. 8. Distance to Stairs. Per floors above the first storey, the maximum travel distance from the exit door of a

living

unit

to

the

stairway

shall

be

24.00

meters.

9. Stairway to Roof . In every building four or more storeys in height, one stairway shall extend to the roof unless the roof has a slope greater than 1 in 3. 10. Headroom. Every common stairway shall have a headroom clearance of not less than 2.00 meters. Such clearance shall be established by measuring vertically from a plane parallel and tangent to the stairway tread nosing to the soffit above all points. e. Utilities and Services. To ensure healthful and livable conditions in the project, basic utilities and services shall be provided, the minimum requirements of which shall be: 1. Water Supply. Water supply shall be adequate in amount and reasonably free from chemical and physical impurities; a main service connection and a piping system with communal faucets to serve the common areas like the garden, driveways, etc. shall be provided. Pipes branching out from the main water line shall service the individual units which shall be provided with individual water meters. 2. Power Supply/Electrical Service. If available in the vicinity, a main power service shall be provided with a main circuit to service common lighting as well as common power needs of the dwelling. Like the water system, however, branch circuits with separate meters shall service the individual living units. 3. Drainage System. Surface run-offs shall be channeled to appropriate repositories.

4. Sewage Disposal System. Sewage disposal may be accomplished by any of the following means: a. b. c. Discharge Treatment Treatment in in a to an community septic tanks existing disposal, with plant, by public or sewerage communal field septic or system. tank. pit.

individual

disposal

absorption

leaching

5. Garbage Disposal System. There shall be provided adequate services for the regular collection and disposal of garbage and rubbish. C. 1. General Structural Construction Requirements Requirements

All construction shall conform with the provisions of the latest edition of the Philippine Structural Code. 2. Electrical Requirements

All electrical systems, equipment and installation shall conform with the provisions of the latest edition of the Philippine Electrical Code and the requirements of the electric utility that serves the locality. 3. Sanitary Requirements

All sanitary systems, equipment and installation shall conform with the provisions of the latest edition of the National Plumbing Code. 4. Construction Materials

The use of indigenous materials for site development and construction of dwellings shall be encouraged, as long as these are in conformity with the requirements of these Rules and ensures a building life span of at least 25 years, or in a correspondence to loan terms of payment. Sec. 9. Variances/Exemptions. Variances from these standards and requirements may be granted when strict observance hereof will cause unnecessary hardship to the owner/developer or prejudice intended beneficiaries such as in the case of regional considerations/characteristics, peculiarities of the location and other relevant factors. RULE IV APPLICATION AND APPROVAL OF PLANS AND BUILDING DESIGNS Sec. 10. Approval Required. No development of economic and socialized housing projects shall be allowed without having complied with the standards and approval procedures set forth in these Rules. Sec. 11. Approval of Proposed Residential Houses of Average and Low-Income Earners. Individual lot owners who are average and low-income earners as defined by BP 220 may construct their individual residential houses in the manner provided by these rules, provided that: 1. They secure project approval from the Ministry of Human Settlements prior to their construction; and 2. They utilize MHS approved stock plans or they submit their proposed building plans to the Ministry for approval. Whenever applicable, the procedures and documents required under this Rule in the case of other housing projects shall also be observed in case of individual residential projects. Sec. 12. Establishment of an Integrated Approval System. There is hereby established and INTEGRATED APPROVAL SYSTEM which shall be applicable exclusively to the evaluation and approval of all proposed economic and socialized housing projects whether the development is for a house and lot or for a house or lot only. Upon the effectivity of these Rules, all proposed economic and socialized housing projects shall be required to secure only the INTEGRATED APPROVAL set forth herein which shall take the place of permits and clearances required under Presidential Decree Numbers 957, 1216, 1096 and 1185 and their implementing rules and regulations. Sec. 13. Where Application for Integrated Approval Made. Applications for integrated approval shall be made with the Ministry of Human Settlements through its regulatory arm, the Human Settlements Regulatory Commission which is hereby authorized to prescribe application requirements and impose the necessary conditions on approvals and applications.

Sec. 14. How Application Made. Application for Integrated Approval shall be made by accomplishing in duplicate copies an application form duly prescribed by the Commission. The a) b) c) d) application Development Statement of form cost potential of shall be accompanied and payment preferably by the scheme attested following for to and the by documents: amortization; an accountant;

estimate and funding

sources,

Program Locational

development, Clearance

indicating issued

phasing by

schedule; Commission;

e) Certified xerox copy of owners certificate of title or other sufficient evidence of ownership; if applicant is not the owner, authority to develop and sell; f) At least two (2) sets of sketch plan and site development plan, showing general pattern and layout of development, including location of streets and proposed access roads, power and other utility lines, residential areas and open spaces for parks, playgrounds and community facilities; g) Location and vicinity map, drawn to a required scale, indicating location, intensity and nature of surrounding land uses within one (1) kilometers radius; h) Written options to avail of the MHS Stock Plans, indicating specific model(s) desired, or in the absence thereof, at least two (2) sets each of the following: 1. 2. 3. Detailed structural plans Architectural and specification including cost drawing estimates drawing

Detailed

engineering

i) Certification from the Ministry of Agrarian Reform that the Land is not tenanted and/or is not covered by operation land transfer; j) Sworn statement as to nature, number and income level of beneficiaries.

Sec. 15. Evaluation of Land Development and Structural Design Components of Project. Should the project be found locationally viable, the Commission shall proceed to determine whether the land development scheme and building design is in accordance with the standards set forth in these Rules. Where the developer or applicant has opted to avail of the pre-approved plans of the Commission, there shall be no necessity for evaluating building design except with respect to the suitability thereof to project site and its harmony/compatibility with the land development scheme. Should the design be found unsuitable/incompatible, the developer may be asked to alter/revise his choice. The Commission may extend technical assistance in the

choice

of

the

appropriate

model.

Where the developer does not avail of said plans and presents his own design and specifications, the Commission shall evaluate the building component of the project as to structural, fire safety and functionality. The review of such building plans and specifications shall be in accordance with the standards set forth in these Rules. Sec. 16. Pre-Approval of Building Plans. The Commission shall formulate model building plans and design or may approve plans submitted by duly qualified professionals which plans shall be considered pre-approved and may be utilized by the developer/proponent. Sec. 17. Validity of Development Approval. Development permits shall be valid for a period of one (1) year and should activity be not commenced within said period, the grantee of the permit may apply for its revalidation within the next succeeding year. Thereafter, no development shall be allowed unless a new application for approval is filed. Sec. 18. Survey and Approval of Subdivision Plan. Upon the issuance of Integrated Approval to an economic and socialized housing project, the developer shall refer the final subdivision plan together with the parcellary map to the Bureau of Lands for the conduct of verification survey and approval of the subdivision scheme. Upon accomplishment thereof, the Bureau shall submit its finding to the Commission. RULE V REGISTRATION AND LICENSING OF ECONOMIC AND SOCIALIZED HOUSING PROJECTS Sec. 19. Registration of Project. No subdivision or condominium intended for economic and socialized housing shall be sold unless it has been registered and issued a license to sell in accordance with these Rules. Upon receipt of the Survey Returns and Approval of Subdivision Plan from the Bureau of Lands, the Commission shall notify the developer of economic and socialized housing project, which have been granted Integrated Approval to submit the following documents to have his project registered under these Rules. 1. Certificate of Title or other sufficient evidence of ownership;

2. Affidavit attesting that the data submitted in the Original Application Forms and attachments thereto have remained the same, or if there have been any changes, incorporating therein the nature and surrounding circumstances thereof; 3. Articles of incorporation or partnership or association, with all amendments thereto, and existing by-laws, if developer is a corporation, partnership or association; 4. If property is mortgaged, mortgage contract and status of loan certified by mortgagee; in addition an undertaking by mortgagee to release the mortgage on any subdivision lots or condominium units as soon as full purchase price is paid; 5. Submit certification of availability of water supply, if proponent/developer intends to utilize existing water system; or permit from the National Water Resources Council, if he intends to put up a centralized deep well

distribution system; or certificate of water potability, if he intends to leave the establishment of individual wells to lot/unit owners from the appropriate government agency. Sec. 20. Notice of Publication. Upon evaluation of the completeness and veracity of the documents submitted, this Office shall cause the publication at the expense of the applicant a Notice of Pending Application for Registration and License to Sell in one newspaper of general circulation in English or in Pilipino reciting therein that an application for registration and License to Sell for the sale of subdivision lots and condominium units has been filed with the Commission and that the aforesaid application papers as well as the documents attached thereto are open to inspection during business hours by interested parties. In addition, a 3 x 6 billboard notice of the project shall be posted on the project site until the issuance of the License to Sell. Upon completion of the publication, the proponent shall submit Proof of Publication executed by the Publisher and an affidavit attesting to the posting of the Billboard Notice on the site. Sec. 21. Registration of Project. Ten days from the completion of the publication and submission of the proof of publication, the Commission shall, in the absence of an opposition to the Registration of the Project, issue a Certificate of Registration. No opposition shall be entertained after the above period. Sec. 22. Opposition to Registration. Complaints and opposition to the registration shall be filed with the Commission within ten (10) days from the date of publication. Proceedings for registration and license to sell shall be, in the meantime, suspended upon an initial finding that the same is meritorious. Sec. 23. License to Sell. No owner or developer shall sell any disposable subdivision lot or condominium unit in a registered property without a license to sell issued by the Commission. Upon submission of a Performance Bond in the forms of a Surety Bond to the amount of Ten Percent (10%) of the total estimated development cost of the project issued by a duly accredited bonding company and acceptable to the Commission, or a certificate of guarantee from any bank or financing institution of good standing addressed to the Commission for the total development cost, the Commission shall cause the issuance of a License to Sell for the project. Whenever it shall appear that the Performance Bond is, or for any cause has become worthless, inadequate or insufficient after the License to Sell has been issued, the owner/developer shall, after due notice, be required to give an additional performance bond or replace the worthless bond within ten days from receipt of such notice. Meanwhile, the License to Sell shall be deemed suspend or revoked. Sec. 24. Monitoring of Project. The Commission shall have the power to monitor projects granted Integrated Approval and License to Sell under these Rules to ensure faithful compliance with the terms, standards and conditions thereof. It may exercise visitatorial powers and in case of violation or non-compliance of the terms, standards and conditions set forth in the approval and the license issued, it may institute revocation proceedings and impose appropriate fines and penalties. RULE VI COMPLAINTS, HEARINGS AND PENALTIES Sec. 25. Authority to Issue Rules and Procedures. The Commission is hereby authorized to issue Rules of

Procedure to govern the conduct of Hearings before it on complaints or proceedings against owners, developers, dealers, brokers and salesmen arising under these Rules. Until the issuance of such Rules, the present Rules of Procedure to govern the conduct of Hearings before the Human Settlements Regulatory Commission shall apply. Sec. 26. Mediation/Conciliation of Complaints. It shall be mandatory on the part of the Commission to conduct mediation or conciliation on complaints or opposition filed with it before the same could be subjected to a formal hearing. Sec. 27. Suspension of License to Sell/Cease and Desist Order. The Commission may, in its discretion or upon notice and hearing immediately suspend the owner's license to sell and issue a Cease and Desist Order pending investigation and hearing of the case for the following reasons: a. Upon verified complaint filed by a buyer of a subdivision statement lot/house or any interested party; b. In its opinion, any information in the registration statement filed by the owner/dealer is or has become misleading, incorrect, inadequate or incomplete or the sale or offering for sale of the project may work or tend to work a fraud upon prospective buyers; c. When it appears to the Commission that the owner/dealer is engaged in any act or practice which constitute or shall constitute a violation of the provisions of these Rules. The suspension order/cease and desist order may be lifted if, after notice and hearing, the Commission is convinced that any deficiency in the sworn registration statement has been corrected or supplemented, or that the sale to the public of the subdivision project shall neither be fraudulent nor result in fraud. It shall also be lifted upon dismissal of the complaint. Until the final entry of an order of suspension, the suspension of the right to sell the project, through binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated. Sec. 28. Revocation of the Registration Certificate and License to Sell. The Commission may, motu propio, or upon verified complaint filed by a buyer revoke the registration and license to sell of any subdivision project or subdivision lot/house in said project or condominium unit if upon examination of the affairs of the owner or dealer, during a hearing conducted it shall appear there is prima facie evidence that the said owner or dealer: a. Is insolvent; or

b. Has violated any of the provisions of the law and its rules and regulations or any undertaking of his/its performance bond; or c. Has been or engaged in fraudulent transaction.

Sec. 29. Administrative Fines and Penalties. Violation of any of the provision of these Rules and Standards shall be subject to the Fines and Penalties as provided for under PD's 957, 1216, 1096 and 1185.

RULE VII MISCELLANEOUS PROVISIONS Sec. 30. Conformance to the Requirements of other pertinent laws, rules and regulations. Unless otherwise amended or expressly provided, the provisions of Presidential Decree 957 and its Implementing Rules on the following Sections are hereby adopted in these Rules: a. b. c. d. e. f. g. h. i. j. k. Submission Extension of Time of Alteration Non-Forfeiture Registration Take-over Phases Realty Tax and of Other Time of of of Semestral Reports of for on Operations Advertisement Completion Completion Plans Payments Conveyances Mortgages development Subdivision Charges

Sec. 31. Non-Development. Failure on the part of the owner or developer to develop the project in accordance with the approved project plans and within the time herein specified shall subject the owner/developer to administrative sanctions and penalties. Sec. 32. Organization and Registration of Homeowners. The owner or developer of a socialized and economic housing project shall initiate the organization of a homeowners association among the buyers and residents of the project for the purpose of promoting and protecting their mutual interest. Said homeowners association shall register with the Commission and the latter is hereby authorized to accredit and determine the legitimate homeowners association of the housing project for purposes of applying the pertinent provisions of these Rules. Sec. 33. Donations of Roads, Open Spaces and Water Supply. The owner or project developer shall donate the roads and open spaces found in the project to the local government of the area after their completion had been certified to by the Commission and it shall be mandatory for the said local government to accept such donations. Parks and playgrounds may be donated to the duly accredited Homeowners Association of the project with the consent of the city or municipality concerned under PD 1216. The water supply system of the project may likewise be donated to the duly accredited homeowners association after certification by the Commission of its completion and of its being operational. Should the homeowners not accept the donation, the owner or developer of the project shall collect reasonable rates to be determined by the Commission in consultation with the National Water Resources Council or the Local Utilities Administration. The proceeds thereof shall be used exclusively for the maintenance and operation of the water system by the developer. Sec. 34. Fees. Until such time that the Commission shall have adopted new schedule of fees for economic and social housing projects, it shall apply and collect the fees provided for under the implementing Rules of PD's 957, 1096 and 1185.

Sec. 35. Authority to Issue Supplemental Rules, Directives and Interpretative Memorandum and Circular. In the implementation of Batas Pambansa Blg. 220 and these Rules and Standards, the Commission, through its Chief Executive Officer, is hereby authorized to issue supplemental rules, directives and interpretative memorandum and circulars. Sec. 36. Separability Clause. The provision 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. Sec. 37. Effectivity. These Rules shall take effect thirty days after its last publication in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks. Promulgated, APPROVED: (SGD.) Minister, Settlements Chairman, Regulatory ATTESTED: (SGD.) Commissioner Chief Executive Officer ERNESTO C. and MENDIOLA IMELDA Ministry Human Commission ROMUALDEZ of MARCOS Human Settlements 11 June 1982, Makati, Metro Manila.

PRESIDENTIAL DECREE No. 957 July 12, 1976 REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF WHEREAS, it is the policy of the State to afford its inhabitants the requirements of decent human settlement and to provide them with ample opportunities for improving their quality of life; WHEREAS, numerous reports reveal that many real estate subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers; WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value; WHEREAS, these acts not only undermine the land and housing program of the government but also defeat the objectives of the New Society, particularly the promotion of peace and order and the enhancement of the economic, social and moral condition of the Filipino people; WHEREAS, this state of affairs has rendered it imperative that the real estate subdivision and condominium businesses be closely supervised and regulated, and that penalties be imposed on fraudulent practices and manipulations committed in connection therewith. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: Title I TITLE AND DEFINITIONS Section 1. Title. This Decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE. Section 2. Definition of Terms When used in this Decree, the following terms shall, unless the context otherwise indicates, have the following respective meanings:

(a) Person. "Person" shall mean a natural or a juridical person. A juridical person refers to a business firm whether a corporation, partnership, cooperative or associations or a single proprietorship. (b) Sale or sell. "Sale" or "sell" shall include every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, including the building and other improvements thereof, if any, in a subdivision project or a condominium unit in a condominium project. "Sale" and "sell" shall also include a contract to sell, a contract of purchase and sale, an exchange, an attempt to sell, an option of sale or purchase, a solicitation of a sale, or an offer to sell, directly or by an agent, or by a circular, letter, advertisement or otherwise. A privilege given to a member of a cooperative, corporation, partnership, or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in, or right to, any land in consideration of payment of the membership fee or dues, shall be deemed a sale within the meaning of this definition. (c) Buy and purchase. The "buy" and "purchase" shall include any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, including the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project. (d) Subdivision project. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project. (e) Subdivision lot. "Subdivision lot" shall mean any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project. (f) Complex subdivision plan. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan. (g) Condominium project. "Condominium project" shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, including all structures thereon. (h) Condominium unit. "Condominium unit" shall mean 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 of parts of floors) in a building or buildings and such accessories as may be appended thereto. (i) Owner. "Owner" shall refer to the registered owner of the land subject of a subdivision or a condominium project.

(j) Developer. "Developer" shall mean the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof. (k) Dealer. "Dealer" shall mean any person directly engaged as principal in the business of buying, selling or exchanging real estate whether on a full-time or part-time basis. (l) Broker. "Broker" shall mean any person who, for commission or other compensation, undertakes to sell or negotiate the sale of a real estate belonging to another. (m) Salesman. "Salesman" shall refer to the person regularly employed by a broker to perform, for and in his behalf, any or all functions of a real estate broker. (n) Authority. "Authority" shall mean the National Housing Authority. Title II REGISTRATION AND LICENSE TO SELL Section 3. National Housing Authority The National Housing Authority shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree. Section 4. Registration of Projects The registered owner of a parcel of land who wishes to convert the same into a subdivision project shall submit his subdivision plan to the Authority which shall act upon and approve the same, upon a finding that the plan complies with the Subdivision Standards' and Regulations enforceable at the time the plan is submitted. The same procedure shall be followed in the case of a plan for a condominium project except that, in addition, said Authority shall act upon and approve the plan with respect to the building or buildings included in the condominium project in accordance with the National Building Code (R.A. No. 6541). The subdivision plan, as so approved, shall then be submitted to the Director of Lands for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act (Act No. 496, as amended by R.A. No. 440): Provided, that it case of complex subdivision plans, court approval shall no longer be required. The condominium plan as likewise so approved, shall be submitted to the Register of Deeds of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act (R.A. No. 4726). The owner or the real estate dealer interested in the sale of lots or units, respectively, in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement containing the following information: (a) Name of the owner;

(b) The location of the owner's principal business office, and if the owner is a nonresident Filipino, the name and address of his agent or representative in the Philippines is authorized to receive notice; (c) The names and addresses of all the directors and officers of the business firm, if the owner be a corporation, association, trust, or other entity, and of all the partners, if it be a partnership; (d) The general character of the business actually transacted or to be transacted by the owner; and (e) A statement of the capitalization of the owner, including the authorized and outstanding amounts of its capital stock and the proportion thereof which is paid-up. The following documents shall be attached to the registration statement: (a) A copy of the subdivision plan or condominium plan as approved in accordance with the first and second paragraphs of this section. (b) 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; (c) In case of a business firm, a balance sheet showing the amount and general character of its assets and liabilities and 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) A title to the property which is free from all liens and encumbrances: Provided, however, that in case any subdivision lot or condominium unit is mortgaged, it is sufficient if the instrument of mortgage contains a stipulation that the mortgagee shall 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. The person filing the registration statement shall pay the registration fees prescribed therefor by the Authority. Thereupon, the Authority shall immediately cause to be published a notice of the filing of the registration statement at the expense of the applicant-owner or dealer, in two newspapers general circulation, one published in English and another in Pilipino, once a week for two consecutive weeks, reciting that a registration statement for the sale of subdivision lots or condominium units has been filed in the National Housing Authority; that the aforesaid registration statement, as well as the papers attached thereto, are open to inspection during business hours by interested parties, under such regulations as the Authority may impose; and that copies thereof shall be furnished to any party upon payment of the proper fees.

The subdivision project of the condominium project shall be deemed registered upon completion of the above publication requirement. The fact of such registration shall be evidenced by a registration certificate to be issued to the applicant-owner or dealer. Section 5. License to sell. Such owner or dealer to whom has been issued a registration certificate shall not, however, be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a license to sell the project within two weeks from the registration of such project. The Authority, upon proper application therefor, shall issue to such owner or dealer of a registered project a license to sell the project if, after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto, he is convinced that the owner or dealer is of good repute, that his business is financially stable, and that the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent. Section 6. Performance Bond. No license to sell subdivision lots or condominium units shall be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall have filed an adequate performance bond approved by said Authority to guarantee the construction and maintenance of the roads, gutters, drainage, sewerage, water system, lighting systems, and full development of the subdivision project or the condominium project and the compliance by the owner or dealer with the applicable laws and rules and regulations. The performance bond shall be executed in favor of the Republic of the Philippines and shall authorize the Authority to use the proceeds thereof for the purposes of its undertaking in case of forfeiture as provided in this Decree. Section 7. Exempt transactions. A license to sell and performance bond shall not be required in any of the following transactions: (a) Sale of a subdivision lot resulting from the partition of land among co-owners and coheirs. (b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot. (c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt. Section 8. Suspension of license to sell. Upon verified complaint by a buyer of a subdivision lot or a condominium unit in any interested party, the Authority may, in its discretion, immediately suspend the owner's or dealer's license to sell pending investigation and hearing of the case as provided in Section 13 hereof. The Authority may motu proprio suspend the license to sell if, in its opinion, any information in the registration statement filed by the owner or dealer is or has become misleading, incorrect,

inadequate or incomplete or the sale or offering for a sale of the subdivision or condominium project may work or tend to work a fraud upon prospective buyers. The suspension order may be lifted if, after notice and hearing, the Authority is convinced that the registration statement is accurate or that any deficiency therein has been corrected or supplemented or that the sale to the public of the subdivision or condominium project will neither be fraudulent not result in fraud. It shall also be lifted upon dismissal of the complaint for lack of legal basis. Until the final entry of an order of suspension, the suspension of the right to sell the project, though binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated. Section 9. Revocation of registration certificate and license to sell. The Authority may, motu proprio or upon verified complaint filed by a buyer of a subdivision lot or condominium unit, revoke the registration of any subdivision project or condominium project and the license to sell any subdivision lot or condominium unit in said project by issuing an order to this effect, with his findings in respect thereto, if upon examination into the affairs of the owner or dealer during a hearing as provided for in Section 14 hereof, if shall appear there is satisfactory evidence that the said owner or dealer: (a) Is insolvent; or (b) has violated any of the provisions of this Decree or any applicable rule or regulation of the Authority, or any undertaking of his/its performance bond; or (c) Has been or is engaged or is about to engage in fraudulent transactions; or (d) Has made any misrepresentation in any prospectus, brochure, circular or other literature about the subdivision project or condominium project that has been distributed to prospective buyers; or (e) Is of bad business repute; or (f) Does not conduct his business in accordance with law or sound business principles. Where the owner or dealer is a partnership or corporation or an unincorporated association, it shall be sufficient cause for cancellation of its registration certificate and its license to sell, if any member of such partnership or any officer or director of such corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual dealer, broker or salesman as provided in Section 11 hereof. Section 10. Registers of subdivision lots and condominium units. A record of subdivision lots and condominium units shall be kept in the Authority wherein shall be entered all orders of the Authority affecting the condition or status thereof. The registers of subdivision lots and

condominium units shall be open to public inspection subject to such reasonable rules as the Authority may prescribe. Title III DEALERS, BROKERS AND SALESMEN Section 11. Registration of dealers, brokers and salesmen. No real estate dealer, broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions of this section. If the Authority shall find that the applicant is of good repute and has complied with the applicable rules of the Authority, including the payment of the prescribed fee, he shall register such applicant as a dealer, broker or salesman upon filing a bond, or other security in lieu thereof, in such sum as may be fixed by the Authority conditioned upon his faithful compliance with the provisions of this Decree: Provided, that the registration of a salesman shall cease upon the termination of his employment with a dealer or broker. Every registration under this section shall expire on the thirty-first day of December of each year. Renewal of registration for the succeeding year shall be granted upon written application therefor made not less than thirty nor more than sixty days before the first day of the ensuing year and upon payment of the prescribed fee, without the necessity of filing further statements or information, unless specifically required by the Authority. All applications filed beyond said period shall be treated as original applications. The names and addresses of all persons registered as dealers, brokers, or salesmen shall be recorded in a Register of Brokers, Dealers and Salesmen kept in the Authority which shall be open to public inspection. Section 12. Revocation of registration as dealers, brokers or salesmen. Registration under the preceding section may be refused or any registration granted thereunder, revoked by the Authority if, after reasonable notice and hearing, it shall determine that such applicant or registrant: 1. Has violated any provision of this Decree or any rule or regulation made hereunder; or 2. Has made a material false statement in his application for registration; or 3. Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit; or 4. Has demonstrated his unworthiness to transact the business of dealer, broker, or salesman, as the case may be. In case of charges against a salesman, notice thereof shall also be given the broker or dealer employing such salesman.

Pending hearing of the case, the Authority shall have the power to order the suspension of the dealer's, broker's, of salesman's registration; provided, that such order shall state the cause for the suspension. The suspension or revocation of the registration of a dealer or broker shall carry with it all the suspension or revocation of the registrations of all his salesmen. Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE Section 13. Hearing. In the hearing for determining the existence of any ground or grounds for the suspension and/or revocation of registration certificate and license to sell as provided in Section 8 and 9 hereof, the following shall be complied with: (a) Notice. No such hearing shall proceed unless the respondent is furnished with a copy of the complaint against him or is notified in writing of the purpose of such hearing. (b) Venue. The hearing may be held before the officer or officers designated by the Authority on the date and place specified in the notice. (c) Nature of proceeding. The proceedings shall be non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law. The Rules of court shall not apply in said hearing except by analogy or in a suppletory character and whenever practicable and convenient. (d) Power incidental to the hearing. For the purpose of the hearing or other proceeding under this Decree, the officer or officers designated to hear the complaint shall have the power to administer oaths, subpoena witnesses, conduct ocular inspections, take depositions, and require the production of any book, paper, correspondence, memorandum, or other record which are deemed relevant or material to the inquiry. Section 14. Contempt. (a) Direct contempt. The officer or officers designated by the Authority to hear the complaint may summarily adjudge in direct contempt any person guilty of misbehavior in the presence of or so near the said hearing officials as to obstruct or interrupt the proceedings before the same or of refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. The person found guilty of direct contempt under this section shall be punished by a fine not exceeding Fifty (P50.00) Pesos or imprisonment not exceeding five (5) days, or both. (b) Indirect contempt. The officer or officers designated to hear the complaint may also adjudge any person in indirect contempt on grounds and in the manner prescribed in Rule 71 of the Revised Rules of Court.

Section 15. Decision. The case shall be decided within thirty (30) days from the time the same is submitted for decision. The Decision may order the revocation of the registration of the subdivision or condominium project, the suspension, cancellation, or revocation of the license to sell and/or forfeiture, in whole or in part, of the performance bond mentioned in Section 6 hereof. In case forfeiture of the bond is ordered, the Decision may direct the provincial or city engineer to undertake or cause the construction of roads and of other requirements for the subdivision or condominium as stipulated in the bond, chargeable to the amount forfeited. Such decision shall be immediately executory and shall become final after the lapse of 15 days from the date of receipt of the Decision. Section 16. Cease and Desist Order. Whenever it shall appear to the Authority that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree, or of any rule or regulation thereunder, it may, upon due notice and hearing as provided in Section 13 hereof, issue a cease and desist order to enjoin such act or practices. Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated. Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together with the corresponding owner's duplicate certificate of title, is presented to the Register of Deeds for registration, the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that it there is a street, passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of a city or municipality, no portion of any street, passageway, or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree. Section 18. Mortgages. No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan. The buyer may, at his option, pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for, with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereto; Section 19. Advertisements. Advertisements that may be made by the owner or developer through newspaper, radio, television, leaflets, circulars or any other form about the subdivision

or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public. The owner or developer shall answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree. Section 20. Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority. Section 21. Sales Prior to Decree. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within two years from the date of this Decree unless otherwise extended by the Authority or unless an adequate performance bond is filed in accordance with Section 6 hereof. Failure of the owner or developer to comply with the obligations under this and the preceding provisions shall constitute a violation punishable under Sections 38 and 39 of this Decree. Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision. Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a 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, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium 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 interest thereon at the legal rate. Section 24. Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552.

Where the transaction or contract was entered into prior to the effectivity of Republic Act No. 6552 on August 26, 1972, the defaulting buyer shall be entitled to the corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary. Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith. Section 26. Realty Tax. Real estate tax and assessment on a lot or unit shall de paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer; Provided, however, that if the buyer has actually taken possession of and occupied the lot or unit, he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy. Section 27. Other Charges. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project. Section 28. Access to Public Offices in the Subdivisions. No owner or developer shall deny any person free access to any government office or public establishment located within the subdivision or which may be reached only by passing through the subdivision. Section 29. Right of Way to Public Road. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned. Section 30. Organization of Homeowners Association. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development. Section 31. Donations of roads and open spaces to local government. The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the Authority.

Section 32. Phases of Subdivision. For purposes of complying with the provisions of this Decree, the owner or developer may divide the development and sale of the subdivision into phases, each phase to cover not less than ten hectares. The requirement imposed by this Decree on the subdivision as a whole shall be deemed imposed on each phase. Section 33. Nullity of waivers. Any condition, stipulation, or provision in contract of sale whereby any person waives compliance with any provision of this Decree or of any rule or regulation issued thereunder shall be void. Section 34. Visitorial powers. This Authority, through its duly authorized representative may, at any time, make an examination into the business affairs, administration, and condition of any person, corporation, partnership, cooperative, or association engaged in the business of selling subdivision lots and condominium units. For this purpose, the official authorized so to do shall have the authority to examine under oath the directors, officers, stockholders or members of any corporation, partnership, association, cooperative or other persons associated or connected with the business and to issue subpoena or subpoena duces tecum in relation to any investigation that may arise therefrom. The Authority may also authorize the Provincial, City or Municipal Engineer, as the case may be, to conduct an ocular inspection of the project to determine whether the development of said project conforms to the standards and specifications prescribed by the government. The books, papers, letters, and other documents belonging to the person or entities herein mentioned shall be open to inspection by the Authority or its duly authorized representative. Section 35. Take-over Development. The Authority, may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer, jointly and severally, in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree. The Authority may, after such take-over, demand, collect and receive from the buyers the installment payments due on the lots, which shall be utilized for the development of the subdivision. Section 36. Rules and Regulations. The Authority shall issue the necessary standards, rules and regulations for the effective implementation of the provisions of this Decree. Such standards, rules and regulations shall take effect immediately after their publication three times a week for two consecutive weeks in any newspaper of general circulation. Section 37. Deputization of law enforcement agencies. The Authority may deputize the Philippine Constabulary or any law enforcement agency in the execution of its final orders, rulings or decisions. Section 38. Administrative Fines. The Authority may prescribe and impose fines not exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule or regulation

thereunder. Fines shall be payable to the Authority and enforceable through writs of execution in accordance with the provisions of the Rules of Court. Section 39. Penalties. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of not more than twenty thousand (P20,000.00) pesos and/or imprisonment of not more than ten years: Provided, That in the case of corporations, partnership, cooperatives, or associations, the President, Manager or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto. Section 40. Liability of controlling persons. Every person who directly or indirectly controls any person liable under any provision of this Decree or of any rule or regulation issued thereunder shall be liable jointly and severally with and to the same extent as such controlled person unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action. Section 41. Other remedies. The rights and remedies provided in this Decree shall be in addition to any and all other rights and remedies that may be available under existing laws. Section 42. Repealing clause. All laws, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Section 43. Effectivity. This Decree shall take effect upon its approval. Done in the City of Manila, this 12th day of July, in the year of Our Lord, nineteen hundred and seventy-six.