REVISED IMPLEMENTING RULESAIYD REGUII\TIONS FOR PD 957

A JOINT PROJECTOF THII RULES AI\D STANDARDSDEVELOPMENT GROUP AND THE TECHNICAL WORKING GROUP ON THE REVISION OF THE IRR AUGUST2OOI

Rcruhlic d (tE thilinoir€

C)ffice rhc President of

Housing andUrban Developmenr Coordinating Corlncil

HOUSINGAND LAND USEREGULATORY BOARD

BOARD RESOLUTTON NO. R Series of 2001

699

AMENDINGTHE RULES AND REGULATIONS IMPLEMENTING THE SUBDIVISION AND CONDOMINIUM BUYER'S PROTECTIVE DECREE AND OTHER RELATED I-AWS WHEREAS, the Housingand Land Use RegulatoryBoard (HLURB)is vested with rule-makingand standard setting functionsunder ExecutiveOrder No. 648, s. of 1984 as amendedby Executive Order No. 90, s. of 1986; I,VHEREAS, Section 36 0f pD 957 mandates HLURB to issue necessary standards,rules and regulations the effectiveimplementation the provisions for of of this Decree; WHEREAS, the powers of HLURB to approve subdivisionplans has been devolved to cities and municipalities pursuant to RA 7160, yet EO 71, series of 1993 stipulatesthat the exerciseof such devolvedpowers shall be in accordancewith the implementingrules and standards of PD 957 and other relatedlaws as promulgated HLURB; by WHEREAS, the signed Memorandum of Agreement (MOA) by and betweenHLURB and the Professional Regulation Commission(PRC)recognizes the need to monitor the practice of licensed professionals in subdivision and projects; condominium WHEREAS, the Housingand Urban Development Coordinating Council (HUDCC) issued Council Res. No. 01, Series of 2000, approvingthe definition of loan ceilings/limits housingpackages; of WHEREAS, the Board received clamor from the Regional Offices, private sectors, standards implementors and other stakeholders to review and reexamine the existing policies, rules standards and procedures pertinent to the issuanceof subdivision permitsand licenses; and condominium development WHEREAS, the Board finds it necessary to harmonize the policies, rules, standardsand procedures with recentissuances;

HLURB Bldg., KalayaanAventrecomer MayamanStreet,Diliman, QuezonCity

CALIDA ROiIULO Q. it . 161"20dJt6sy August of 2001. DrLql'/ Commissioner Commlssioner As'5i5tant Secretary.. APPROVED.(Pag€ of Boa. be APPROVED. aftached Revisedlmplementing Annex1. DEFENSOR . TIICHAE|rT.FABUL 6rsecretary . Quezon City. n -6 2 9J be WHEREFORE.dRes.xo. Commissioner and ChiefExecutive Officer gmh* EDUARD/{ Undersecretary. DPWH hffE#f'='^ o NSANG cretary . M. RESOLVEDas it is hereby RESOLVEDthat the as to PD Rulesand Regulations lmplement 957 .

15. 30 RULE m. Section Variances 4. Standards GuidelinesResidential and for Subdivision Projects Standards Guidelines Residential and for Section Design 2. RULE II. Section LicenseSell Bond Section Performance 12. RULE BROKERS ESTATE DEALERS. OF REGISTRATIONLICENSINGSUBDIVISION AND PROJECTS AND CONDOMINIUM forRegistration Section Application 7. Section Notice Publication of 9.TABLE Of CON'TENTs TITTE RULE I. PLAN APPROVAL CONDOMINIUM OF 34 Plan forApprovalCondominium of Section Application 6. RULE IV. of Registration Section Certificate 14. REGISTRATION OFREAL AND SALESMEN ?A 40 40 41 41 41 {or and ofBrokers Salesmen Section ApplicationRegistration 13. DESIGN MINIMUi' STANDARDS 1 24 ZY PTGE Section Design 1. to 11. Section Bonds 42 42 43 . PLAN APPROVAL SUBDIVISION OF 29 Plan forApprovalSubdit Development of ision Section Application 5. V. for to Section ApplicationLicense Sell 8. Condominium Projects Projects of Existing Structures to Condominium Section Conversion 3. of Section CertificateRegistration 10.

ofConveyances Section Mortgages 26. Fines Section Criminal 30. of orChangeName of Section AlterationPlans 23. Section Transitory 35. 43 46 46 46 47 47 47 47 48 48 48 48 48 48 48 49 49 49 49 49 49 49 . of Semestral Reports Operations on Section Display Certificate 18. Section Realty and 27. Against Owners. of Section Non-forfeiture 24. Tax Other Charges Section Complaints 28. Dealers. Penalties Section ldentification SubjectSale 31. ofPayments Section Registration 25. asWitness Sales to Section Fees 33.TITTE VI. ofTerms Section Submission 17. Section Applicability 34. of ofRegistration orLicense Sell to Section Lost Destroyed 19. or Certificate RegistrationLicense Sell of or to Section Advertisement 20. of Section TransferOwnership 22. Developers. RULE tIISCELLANE0US PRoVISIONS PIGE Section Definition 16. Provisions Section Separability 36. ofLot of Section Broker/Salesman 32. Clause Section Effectivity 37. Brokers Salesmen and Section Administrative 29. Section Time Completion 21.

TIIIE OF LIST TABLES PAGE 6 1. Table 4. Table I.. Table 5. Table 7. Resolution R-53 50 65 68 82 B Annex lnn. Table and 1 Hectare Above of HierarchYRoads Righfof-WaY Road Strips Sidmalks ot-ptantlng and WiOtn Lot Minimum Area Lot Minimum Fronhge 6 I iilffi.tq t forRowhouses ANNEXES A Annex Decree Presidential No 957 Decree Presidential No 1216 Sec' lmplementing 31ofPD957 and Rules negulations bY asAmendedPD1216 Act Condominium The (Variance) No..ign Pgect Subdivision a for Residential Sia-noaros 8 10 13 14 18 PD Under 957 OF LIST FIGURES I v q Road Main t Along Public 11 12 . Table 2' Table 3. Table 6.* C lll .

.

DesignStandardsfor Subdivision projecisshall conformwith the follorving Residential subdivision minimumdesign standards.1344andotherrelated laws applicable open marketand mediumcost subdivision to and cpndominium projects. PhysicalSuitability projectsshall be locatedwithin suitablesites for housingand Subdivision outsidehazardproneareasand protection areasas provided by pertinent for laws.9. 957.areassubjec{ flooding. -ri' . to landslides thosewith and unstable mustbe avoided. 648 the following rules are hereby promulgated the Housingand Land Use Regulatory by Board (HLURB) implement to Presidential DecreeNos. local government applicable units'(LGU)zoningordinances well as as pertinentprovisionsof the National Building Code if project is with housing component: A. projects (e. 2. Critical areas(e. housing Subdivision supportive other majorurlcan of activities for industrial workers) may be allored in area zoned for the said urban activities. RULEI MINIMUM DESIGN STANDARDS Section1. *T.lf thereis no ZoningOrdinance approved or Comprehensive Land Use Plan. the dominantland use principleand site factorscited hereinshall be used in determining suitability suitability a of pro1ect.REVISED RULESAND REGULATIONS THE IMPLEMENTING SUBDIVISION AND GONDOMINIUM BUYER'SPROTECTIVE (pD DECREE 957)AND OTHER RELATED LAWS Pursuant ArticlelV Sec{ion c) of Executive 5 to OrderNo. soil) The site shall be stable enoughto accommodate foundation load without grading cufting excessive earthmoving. Site Griteria '1. Location Conformity ZoningOrdinance/Comprehensive UsePlan with Land Subdivisionprolects shatl be located in residential zones or other areas appropriate residential for uses.9. 1216. or andfilling.

adeguateand safe means of vehicularand pedestrian for circulation easements utilities planting and strips. efficient and integrativeroad circulation system everylot therein. "f Y . preservation site: of sitingor orientation lots. e.D.suitablerecreational area(s)shall be allocatedwithin the subdivision.paved walks shall be providedto the living units ftom parking and streets. judicious of d. Accessibility to The site must be served by a road that is readilyaccessible public lines. servicing allocation landusesfor diversity and amenity: c. residential/condominium a. shallbe and orovided. accessroadright-of-way Said unit. safe. layout shall likewiseconform to the stiandards for type the projects. Saida@essroadshallconform wrththe standards set transportation of hereinto accommodate expecteddemandcausedby the development proJect approved withoutthe be the area. applicationof workable design principlesor parameters a well for planned self-sustaining and environment. a. Openspaces Open spaces shall conformto the provisions P. constnrtedeitherby the developer the localgovernment or B. Whena developer planner (PUD) submits Planned a or UnitDevelopment of pro1ect.3. spaces fromliving units playareas to a. harmony existing proposed and development thevicinity. PlanningConsideratlons 1. Where applicable. adequate. in g. ln no case shall a subdivision may be necessary accessroad/right-of-way.3 Parksand playground . hierarchy a of 41 .2 Walks . AreaPlannlng projects the Planning designing subdivision and of shalltake intoaccount following: welfare ofthe futureoccupants: a. proper of with f.1 Streets. 1216 and its of implementing andshallinclude following: rules the a. safetyandgeneral b.

Facilrties Amenities Areas requiredfor subdivision facilitiesand amenitiesshall be judiciouslyallocatedin accordance with the provisionsherein soecified. These areas must be accessibleto living units recreational and free from anv form of hazard or risk. c.such recreationalareas may be provided for. as and b. use for appropriate its intended andlocation' cover shallbe of a variety coverof the area. Wherecut and fill is necessary. Grass. such that. house' town withinthe subdivision unitsin of thetotalnumber dwelling shallinclude etc. Wherethere row (such as singledetached. Slope slopeto allowrainwaterto be grade shallhavea desired Thefinished an into streetdrains. of or erosion flooding adjoining D. playgrounds. grades of [reservedior finishing garoen area. andsemidetached 2. density houses.Parksand playgrounds muchas possible shallbe at streetlevel. planted as to allowwell-tended so Theyshallbe ^. a strategically located main park area is supplemented or complementedby one or more smaller pocket(s)or areas for use. -ft' . channeled in to gradeshall be aftained preventany depression the appropriate area. Density Density of subdivisionprojectsshall conform with the residential of set densities forth in the zoningordinance the city/municipality is a mixtureof housingtypes whereprojectis located. of Preservation SiteAssets or Suitabletrees with a caliperdiameterof 200 millimeters more' of groundcoverper Department Environment shrubsand desirable presewed' Where a {DENR)rules shall be and NaturalResources and shallbe in quality soilexists the site.1 . thatwill prevent in shallbe executed a manner and ditching Grading properties.it shallbe banked good top parks and yards. Cover Ground usedfor ground materials plants otherlandscaping and shrubs. Site Preservation a. for plusthe total numberof lots intended single structure multi-storey houses.). Said parks and playgrounds shall be clearedand free from any debris.

Easements provisions projects observe conform thefollowing to and shall Subdivision by: as oneasements mayberequired
Code, waterbodies; on 51 lV, Chapter Section of TheWater (NPC), transmission lines; on Power Corporatton o . National fault on of per No. PHIVOLCS Resolution 515,Series 1992, identified traces; right-of-way: entities' public and companies other utility o . Other roads national abutting govemment unitsfor projects e . National/local (primaryroads) where adequateeasementshall be providedfor, areas; including loading unloading and
f

laws. Otherrelated

4. Girculation and of to Depending the classification roadsadjacent the subdivision on of shouldresultinto a hierarchy the size of the projectsite, roadnetwork as functions should and define and servethe subdivision one integrated unit. a. Roadscomplemented pathwalks with withinthe subdivision mustbe so aligned facilitate to movement and to link the subdivision the to property. nearest majortransportation routeandioradjacent Whenever thereare existing roadswithinthe project whichshall site plan,these shall be improved be made part of the subdivision in accordance thestandards forthherein. with set b. Streets should conform to the contours of the land as far as oracticable. projectadjoinsa developed Wherea proposed property, roadswithin the said projectshall be connected/integrated/alignedexisting with ones. project Wherea proposed property, provision adjoins undeveloped a for futureconnection shallbe mandatorv.
c. As far as practicable, streets shall be laid out at right anglesto minimizecriticalintersections such as blind comers. skewjunction, eic. C. Roadsshallconformto soundengineering practices.
I

#"

"l

pro1eds e. Subdivision shallcomplyto the pertinent requirements Batas of Pambansa 344,otherwiseknownas the Accessibilitv No. Law. 5. Installation StreetNameVSigns: of The developershall bear the cost of installation street namesi/signs of coincident the construction streets. with of

C. DesignParameters
1. Land Allocation proiects Foropen maket and medium with an areaof one cost subdivision (1) hectareor more, the percentage (o/o) allocationof land shall be as follows: a. saleable area- maximum 7Oo/o the grossarea of of b. non-saleable - minimum 307o thegross area of of area The followingnon-saleable with PD area shall be observed consistent N o .1 2 1 6 : b.1 ParkVPlaygrounds for Allocation arealor parksand playgrounds ol shallbe mandatory projectsone (1) hectare or more and shall be deemed nonwithinthe area.The sameshallbe strategically located buildable parksand playgrounds project. for subdivision Area allocated shall in no casebe lessthan 100Sauare meters. for shall be as The percentage requirement parkVplaygrounds follows: Table1. Parksand Playgrounds Allocation DENSlTY (No. Lots/thvelling of Unit PARKS/PLAYGROUNDS in Area of Allocation Percent Gross

i

i

Per
20 and below 21-25 26-35 36-s0 5 1- 6 5 Above65

(w

3.5 4-0 5.0
b-u

7.0 9.0

4,.

I*

b.2 CommunityFacilities

Mandatory provision of areas for communityfacilities, such as neighborhood multi-purpose centerbothfor openmarketand medium cost housingprojectswith area one (1) hectareand above. These areas are non-saleable. However, the developer may provide additionalareas for communityfacilitiessuch as schools and commercial/reticentersin excessof the mandatory il requirement set forthin thisrulewhichshallbe deemed saleable. The useof the said area shall be indicated the plan and shall be annotated the tiile in in thereto.(Referto Table!) f able 2. Facilities According to the Number of SateabteLots/ Dwelling Unitsfor Subdivision Projects hectare t and Above
No. of Saleable Lots and/0r Dwelling Unit Neighbor' Convenience hood Stores & Element High MultiOther ary School'* Tricycle Terminals-Purpose Commercial School-Cenler* Centers..

10& below 11-99 100 499 500 999 1000 1499 1500 1999 2000 2499 2500 Over &
X

x

x x x

X

x x x x x

X X X

x
X

Mandatory non-saleable Optional saleable when provided the planthe same shallbe but in annotated the title in d,l ,
-/'

alley -oo- major. branch "T". among lots 4"' .shall have a right-of-way not less than 6 of for sufficient space for meters in width with provision vehicular turn aroundin the form of a cul-de-sac.alley do-oodo- with b. e) Service Roads . is direct c) Minor Road . alley Cost Medium major.3.5.15 10 Above15.2 Minimum roadright-of-way be in accordance shall of thissection.alley maior. collector. roadand/or future as usedas mainaccess the as or a) MajorRoaci a street roadlinking siteand serves the main traffic artery within the project site and shall the axisof the property. court.5 Above -10 5 Above .a roadwhichmainfunction to provide access lotsandother to activity centers.roads for whichprovide the distribution nf traffic individual andactivity centers. motor court. minor.witha maximum iength 60 meters of inclusive or of terminal. ln no case shalla majorroadbe less than 10 meterswhen connection. motor minor. Hierarchy Roads of Project Size Range (Has.a street or a road that services pedestrian/vehicular traffic from minor roads leading to major roads. molorcourt.3 Circulation System of b.minor. d) MotorCourts.b.5& below Above2.collector. ) 2.30 Above30 -oo-do-oo- OpenMarket major.3. traverse longer b) CollectorRoad . loop. motor court. minot.1 Hierarchy Roads The circulation systemfor open marketand mediumcost projects housing shallhavethefollowing hierarchy roads: of Table3.

5 below & Above . both ends connectinga to minor oad.Way(Row) (Meters) Medium Cost OpenMarket Maior Collector Minor MaiorCollector Minor 108 108 12 108 JO 8 12 108 12 10 8 12 108 10 12 8 15 12 10 12 10 8 .15 10 Above .lt shall not be usedas accessto property. Thisfact shallbe annotated the title of said roadlot and on mustbe donated and deemed tumedoverto the LGUupon completion the saidinterconnecting of road.30 15 Above 30 Motor Court Alley Right4f. shall be allored br blocks not exc€edinq meters.tE 15 12 10 12 10 ROW Caniaoervav ROW Cariaqeurav D o z z 2 Note: 6-mseMce a road. (ROW b. .3.2 RoadRight-of-Way The conesponding right-of-way hierarchy roadsshall be for of as ficllows: Table4.10 5 Above . Tapering roadwidthshallnot be alloryed of wherethe road rightof-wayis wider than the prescribed for stiandard the interconnecting of the proposed road subdivision. (SeeFigure1) d.l .a 2-meter wide walkwaywhich shall be used to break a block and to serve pedestriansand for emergency purposes.5 2. projectmust secureright-of-way the b) Interiorsubdivision to publicroadandthe right-of-way nearest shallbe designated as interconnecting witha minimum road widthof 10 meters.5 Above. 60 a) Majorroadsshall maintain unifcrmwidth of roadright-ofa way. Road Right-of-Way Projec{ Size (Hectares) 2.f) Alley .

EUBO.4 Road Figure1. of unloading passengers Figure ITA|NRIEtG ROAO Figure2.t gugD.l su80.2 suBo. Interconnecting projects mainpublicroadmustprovide abutting c) Subdivision in a setback $meter deepby S-meter lengthat bothsides of loadingand entrance accommodate to of the subdivision (see 2). SetbackRequirement Along MainPublicRoad *L '.ft I .

80 1.20 0.80 1.r'' l0 .4 RoadPavement All roadsfor bothopen marketand mediumcost housingprojects pavernent shallbe pavedwith eitherconcrete asphalt.5 RoadIntersection Roads should intersectat right angles as much as practbable.b. Width of PlantingStrips and Sidewalks ROADWIDTH (m) 15. designating by the major roads.00(Service Road) OPEN MARKET Planting Side{ralk SlriP (m) (m. medium costhousing b.zu 0.20 0. Figure consistent sound with (see engineering 3) 4.3. 1.80 | .C.60 OPIIr )nal MEDIUM COST Planting Side{ralk Strip (m) {m) 1. as prescribed in Sec.3.3.1 . Road intersections shall be providedwith adequatecurb radii principles. or Concrete shallhavea minimum thickness 150millimeters a minimum of and compressive strengthof 20.40 0.60 ootn )nal b. Distance betweenoffsetintersections shouldnot be less than 20 meters from corner to comer.ntersections should o@ur on straightsectionsinsteadof on curved sectionsof road and on grades gentle withclearsight distance.30 | 1.20 0. Multipleintersections along major roads shall be minimized.00 8.7 Mega Pascal(Mpa) while asphalt shallhavea minimum thickness 50 millimeters of pavement Sidewalk shallhavea minimum compressive strength of 17.30 120 0.3 Planting Strips Planting strips shall be observed with the following road soecifications: Table5.80 1.40 0.2MegaPascal.d) Subdivision projects shall have provision for future expansionwhere applicable.20 0.00 6. b.) 1. .3 as the 2 for intercrnnecting road right-of-way both open marketand proJects.00 1 20 0 10.

oE..cul. Fl9ur6 3 : Curb Rldai Dlmension II .sAc 7 : cuRE Aotus R s.

of of blending with existingand proposed development the vicinity.detached. dupler/single aftached rowhou$s.and subdivision projecl. To aeommodatea wider rangeof clientele termsof incomelevel (in and to provide diversity in housing design in a .2 Application workabledesign principlegparameters a well of for planned environment.s"t"W ta---- Flgure 4.b. . Lot RequiremefltA a..3.lifestyle). Lot Layout: The foflowingshail be consideredwhen prottingthe subdivision prgect: a-1 Preservation site assetsand propersitingorientation rots. while curbsand guttersshall not be less than 7 peroentto 9 peroent(see Figure 4). the owner/developeiis encouraied to ailocate areas for vanous housing types such as singl+.5 percent. Road Grade/$lope 2.6 RoadGrade/Slope Crownof the roadsshallhavea slopeof not lessthan 1. Gradesand verticalcurbs shall conformto the design requirements the Department public Works and of of Highways (DPWH). in ano a. and 4"' . t"/ o9/ 1. FterrcF yvAY C A R R IA G E y'.

2 A lot shallbe servedby an independent possible. 4"' l3 .etc. frontage elevation shallbe at streetlevel.Lot b.3 Whenever to be c.5 Deeplotsand inegularly widthfor sideyardswithadequate c. c.l (Sqm. lot c. Lot Design by suchthattheyare not bisectecl lots c.drainage lines.6 Lotsshallbe planned risks.8 Lots shall not be laid out if potentialrisks exist e. erosion.4 Lotlinesshallpreferably madeperpendicular street lines. slides. faultlines. accessroad. flooding. Minimum Area underopen market lot The minimum areafor varioustypesof housing projec{shall be as follcws and mediummst housing Table6. SingleDetached b. Rowhouse COST MARKET MEDIUM OPEN (Sqm.7 Lotsshallbe protected c. MinimumLot Area OF WPES HOUSING a.) 't20 96 60 100 80 50 aftachedandlor rolhouse as Saleablelots designated duplo</single withhousing units. shapedlotsshallbe avoided' c.1 Saleable shallbe designed ways and utility politicalboundaries. water courses. against c. Dupler/SingleAttached c. lotsshallbe provided Price of saleablelots intendedfor singledetachedunits shall not exceed40 percentof the maximumselling price of house and lot pacKages.g.

Duplex/Single Attached 3. Lengthof Block Maximum lengthof blockshallbe 400 meters.) FRONTAGE 12 10 3 I 4 The numberof rowhouses shall not exceed20 unitsper block/cluster but in no caseshallthisbe bevond100metersin lenoth. blocksexceeding provided an alleyapproximately mid-length. lnegular Lot d. Minimum floor area for open market housingshall be 42 square meters and 30 squaremeters medium for costhousing.d.rstypes of housing under open projects market and medium costhousing shallbe as follows: Table7. MinimumLot Frontage TYPES HOUSING/LOT OF 1. Rowhouse (m. ShelterComponent a. however. CornerLot b. b. 14 . Regular Lot c. 3. Minimum levelof completioncomplete for house all typesof dwelling unitsbased thesubmitted on specifications.1 .5). 250 meters shallbe with at 4. Single Detached a.n.. Provision firewallshall be in conformity of with the Fire Code of the Philippines and mandatoryfor duplexeVsingle aftached units and everyunitfor rowhouses (refer Fig. to ^. Lot Frontage The minimumfot fontages ficr vario. Interior Lot 2.

of requirements theanticipated community When neithera publicwater system. 6.nor an acceptable is available. a.r .a centralizedwater supply system shall be system provided that: accepted. $^.WaterSupply System Rules: a.l i5 . FirewallRequirement Rowhouse Yard/Setback and unitsbothfor openmarket medium of setback dwelling Theminimum Building Codeof the National projects to shallconform the costhousing Philippines.d?i -et_ -l- = a?i ---rI oa PLAN = c?l ol --T- for Figure5. Specific The subdivisionwater supply shalt be mandatoryor obligatorily system public watersystemor community to @nnected an appropriate meet the total daily providedthat the water supply is enough to population.1 The technical consultant of the developer shall determine the location and discharge capacity of the water supply source(s) withinthe subdivision.

a. Fire Protection Demand . Accordingly. self-regulating. e.4 No hazards shall exist in the immediate virjnity of the vvater source that mightreduce pollute supply. a. Electrical Porrer Supply System Mandatory individual household connedionto primaryand/or alternate sourcesof power. constant flowvalveor fittingto ensureequitable distribution water. Installationpracfices. Demand b.6 Eachsubdivision shallhaveat leastan operational deegrvell and pumpsetswith sufiicient capacity to provide Average Daily (ADD)to all homeowners.a. c.Provision fire protection ficr shallcomply withthe requirements the National protection of Fire Code.20%ADD plusfire reserye. WaterTank Capaoty . Pipes . Water Requirement . 7.Pipesshallconform the standards to required Metropolitan by Watemorks and SewerageSystem (MWSS) and/or Local Water Utilities Administration (LWUA).water of and powerconservation.2 The permitto drill well(s) or tap water lines fiom the appropriate govemment agencies shallbe obtained. Provision streetlightingper pole is mandatory SGmeterdistance of at andeveryotherpoleif distance lessthan50 meters.everywater serviceentrarrceor @nneclionshall be provided with a pressure. or the a. d. (PerBoardResolution 506.3 The water source shall be sufiicientto meet the daily water requirements everyhousehold the subdivision. of in a. for TheAverageDailyDemand(ADD)for bothopenmarketand medium cost housing projects is 150 liters per capita per day (LCPD) household connection.materialsand fixtures used shall be in accordance Wth the provisions the Philippine of EleclricalCode andor locat utility company.seriesof 1992) No.compensating.Every dwellingunit shall be served by an individualsupply of water suffcient to meet the total hourly domestic needsof everyhousehold any 8 hourperiod. and long-term savingson operational costsof the water system. is Electrical bills for streetlights shall be proportionately shouldered the by 4"' l6 Y I .5 Waterdistribution shallbe assured.

catch basinsmanholes.whether independently in conjunction or with the garlcage municipaUcity collection disposal and services. DraindgeSyrtem The draihdgesystem of the subdivision shall conformto the natural drainagepatternof the subdivision site. of SewageDisposal9ystem The salage disposal system for open market and medium cost projects subdivision shalleitherbe any of the follor/ing: a. is in . and shall drain into appropriate waterbodies publicdrainage or system.1.underground Forbothopenmarket and medium costsubdivision drainage systemshallbe properly engineered environmentally and sound provided and shall be with adequateReinforced ConcretePipes(RCP). pipes Minimum drainage diameter shallbe 30 centimeters. 9. se\flageshalt be disposed andtreated individual of in septictank6. Conskuction individual of septic tanks shall conformto the design standards Sanitation (PD of Codeof the Philippines 856)ahd Natienal Plumbing (RA Codeof the Philippines 1378).subiectto the requirements provisions the Sanitation and of Codeof the Philippines other and applicable andregulations.Drain practices. In no caseshalldrainage outfalls drain into a privatelot. GarbageDisposalSystem The subdivision shall have a sanitrary eflicientrefusecollection and and disposalsystem. 10. f" 17 ..(COC)and usersthereofprior to issuanceof Certificate Completion of tum-over openspaceto LGU. The SummarizedPlanningand Design Standardsfor Open Market and Medium CostSubdivision Projects presented Table8. linesshallbe of durable materials approved and installation p@ects. Connection Community to Sewer System publicor community Connections shallbe madeto an approved sewer system. inletsand crossdrainfor efficientmaintenance. rules b. Septic Tanks Where communitysewer system is not available. lts layout shall conformto sound engineering principl0s design/ certified a dulylicensed by civil/sanitary engineer.

& t Density Percentage of aoove.1 Areaallocated Mandatory for per allocation parksandplaygrounds tabulation for parKs and below: playgrounds for projects ha.3 Circulation System Observe hierarchy roads of I8 ^. the provideareas for community developer may facilities such as schoolsand commercial centersin excess of the mandatory requirement forthin this rulewhichshallbe deemed set saleable. Theseareasare non-saleable.5o/o 4-O% 36-50 5 1. Saleable area b.0% Innocase anarea shall allocated parks playgroundsless for and be than100sqmandthe sameshallbe strategically located within the subdivision. 7O% b.$ . r.6 5 Abcve65 5.1 . Non-saleable area (maximum) a. Planningand DesignStandards For A Residential SubdivisionProject UnderPD957 PARAMETERS 1.0% 9. 2. in to b. areas.TABLE8. 30%(minimum) b. Land Allocationfor projects t hectareand above.0% 7.^ . The use of the said area shall be indicated the olan and in (Refer Table 1 ) annotated the titlethereto. I a. and However. b 2 Areaallocated Mandatoryprovisionof areas for communityfacilitiessuch as for community neighborhood multi-purpose projects centerfor housing witharea 1 facilities hectare above. (No. Lots Dwelling of or Unit Gross Allocated Area for Per Hectare) 20 & below 2 1_ 2 5 zo-Ja parks playgrounds and 3.0% 6. Project Location OPENMARKET HOUSING MEDIUM COST HOUSING Withinsuitable sitesfor housing Withinsuitable sitesfor housing and outside potential hazard and outside potential hazard proneand protection proneand protection areas.

5 has. 6 . ^. Above30 has. Length Block of 12m 10m 6m 3m 8m 4m Maximum length of block is 400 meters. units shall not for Priceof saleablelots intended single-detached price of house and lot exceed 40% of the maximum selling pacKages.2 Single DuPlex 4. regular c. interior Aftached/ 4. Rowhouse lots shall be lots designated duplexand/orrowhouse Saleable as provided withhousing components. Duplex/SingleAttached c.1 SingleDetached a. Minimum Frontage Lot 4.1 '^f1'.30 has. blocks exceeding 25O meters shall be provided with an alley at approximatelymid-length. both ends connecting to a mlnor road.15 has. Above15 . inegularlot lot d. RoadsRightof Way size range Project 2. A b o v e 5. however. 4.0 meter service road.PARAMETERS ? OPENMARKETHOUSING 120sqm 96 sqm 60 sqm MEDIUM COSTHOUS]NG 100sqm 80 sqm 50 sqm Minimum Areas Lot a.& below A b o v e 2 . l9 .1 0 h a s . 5 -5 h a s . Above10 . Road MajorRoadCollector MinorRoad road CollectorMinor Major 10m 12m 12m 12m 15m 15m 1 0m 10m 10m 12m 12m 8m 8m 8m 8m 10m 10m 10m 10m 12m 12m 12m 15m 10m 10m 10m 12m 8m 8m 8m 8m 8m 10m A 6. shall be allowed for blocks not exceeding60 meters.3Rowhouse 5. SingleDetached b. cornerlot lot b.

PARAMETERS MotorCourt Alley

OPENiJIARKET HOUSING
ROW
o

MEDIUM COSTHOUSING
ROW 6 2 CARRI..AGEWAY
c z

CARRIAGEWAY

2

Alleyis a 2-meter wide walkway whichshallbe usedto breaka purposes. blockand to serveboth pedestrians for emergency and It shallnot be usedas access property. to (ROW)of majorroadsshallbe increased project Right-of-Way as sizeincreases.

Major roads shall maintaina uniformwidth of road right-of-way. Tapering roadwidth of shallnotbe allowed, where roadrighfofthe way is widerthanthe prescribed standard the interconnecting for roadof theproposed subdivision. NOTE: 1 Interior project secure subciivision must public rightof-waythenearest to road and right-ofway bedesignated interconnecting witha minimum the shall as road width 10mete$. fact of This shalt annotatedthetitle said be on road and of lot must donated deemed be and turned totheLGU over upon comDletion said oi the interconnecting Figure (See road. 1). 2 Subdivision projects abutting public must provide setback 3main road a of meter deep 5-meter length both by in at sides thesubdivision of entrance to accommodate and ioading unloading ofpassengers.Figure (See 2) prqects have 3.Subdivislon shall provision future for expansion applicable, where bydesignating a minimum interconnecting road rightof-way meters. of10
a

Hierarchy Roadsper of Proyect Size Range 2.5 has.& below A b o v e 2 . 5- 5 h a s . Above5 - 10 Above 10 - 15 has. Above .l5 - 30 has. Above 30 has.

major, minor. motorcourt, alley major,minor,motorcourt,alley major, collector, rninor, molor court, a'ley
_do_ major,collector, serviceroad, mtnor,motorcourt,alley _do_ _do_do_

-dc-Co-oo2A

4"'

PARAMETERS 9. Roads Specifications Strip(PS)* a. Planting (SW) Sidewalk ROW 15m 12m 10m 8m Road) 6 m (Service
b. RoadPavement

HOUSING MARKET OPEN

COSTHOUSING MEDIUM

PS 1 . 3m 0 . 8m 0 . 8m 0.4m optional

sw
1.2m
1.2fi

1.2n 0 . 6m optional

Major Minor MotorCourt Sidewalk Alley

Concrete/Asohalt ConcreteiAsphalt Concrete/Asohalt Concrete/Asphalt Concrete/Asphalt

Concrete/Asphalt Concrete/Asphalt ConcreteiAsphalt Concrete/Asphalt Concrete/Asphalt

of thickness 150 shallhavea minimum road pavement Concrete of strength 2A7 MPa compressive mitf imetersand a minimum while roads may either be concreteof same thicknessand of thickness 50 or strength asphaltwith minimum compressive millimeters. of strength compressive shallhavea minimum Sidewalk oavement 17.2MPa. l0 WaterSupply Mandatoryconnectionto appropnatepublic water system; system. watersuPPlY centralized and deepwell shallhaveat leastan operational Eachsubdivision provide Average Daily pump sets with sufficient capacity to (ADD)to all homeownersDemand Water a. Minimum Requirement Supply b. FireProtection Demand connection per per 150liters capita dayfor household

of with the requirements shallcomply for Provision fire protection the FireCodeof the PhiliPPines.

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2. may be integrated with the parktplayground. 26 . Off-site parking shall not be located200 metersawayfrom condominium project. b.1 The minimum slot shallbe in acoordance with the provisionsof the NationatBuildingCode of the Philippines. b-1-2 Off-sitepa*ing may be allowed in additionto the on-site parkingprovided parkingarea is part of that the designdted the projec{ and provided further that the required distance shallbe in ao@rdance with the National Building Codeof the Phitippines.2. a.lncrements 3.3 Parks/playground otherrecreational or fucilities may not be required if the condominium locatednot morethan or 800 metersfrom a is publicly parUplayground/or recreational accessible other facilities. such as tenniscourts.3 Compliance with additionalparking spaces as required by localordinances shallbe mandatory.1 ForResidential Condominium Units .swimming etc. and as (optional) a. b.6 Otherfacilities pool.2 Off-site parking may be allorvedin additionto the on-site parkingprovided parkingarea is part of that the designated the project the projectis withinthe commercial or subdivision where common parking area is part of the approved subdivision plan and provided further that parking arrangements explicitly are indicated the contract saleof in of propertyto be developed.1 1 The parkingslot requirement residential for condominium pro1ecl shall be in accordance with the provisionsof the National Building Codeof the Philippines. +.1.5 Parks/playground may be accommodated the yard/s provided in suchyardsare adequate usable park. dwelling a. ParkingSpaceRequirement b. a 4 Parks/playground shall be properlylandscaped accommodate to bothactiveand passive activities. b.00squaremeters everyadditional of licr family type in excessof 10 unitsshallbe added.2 ForCommercial Condominium Units parking requirement b.a. b.2 The minimum area for a singlepark/playground be 50 square shall meters.

+. shallconform and drainageutilities d . endshallbe by shallbe provided publicstreet accessto the property Direc{vehicular or alley. An independent adjoining group of dwellingsin a single plot. meansof accessto each livingunit shallbe provided An indeoendent passing unit through yardof a living or anyotheryard. 27 .2 Pavement All roads (major. 2 Watersupply. without trespassing for must be independent each properties. minor. parUplayground points). or to meansof accessshall be provided each dwelling.Minimum or roads righfofpoints (e.Spacefor tum aroundat dead of the standards residential provided. meters strip.parkingspace.c.they shall have and kept away ftom fencedor screened outdoorlocations. AccessRoads and Roads shall serve every building. with shallbe in accordance an<. and Basic Facilities Services Area) Area(Laundry/Drying d.| of Construction roads. as sideu/alk/planting shallbe developed remaining meters 2 with a minimum circulation for Pathwalks shall be provided pedestrian widthof 1. Utilitiesand servicefacilities dwelling unit.power.s€werage of to the requirements a subdivision.1 Hierarchy Roads prgects.2meters. motorcourt)for both residentialand commercial condominium projects shall be paved with concrete/asphalt.the hierarchy roadsshallbe of condominium For horizontal for standard requirements the same as the minimum design subdivision Prolects. Adequate Where such serviceareas are held in common. any without of c. suitable entranc€ frontyards. c.sidewalk pathwalks subdivision. or livingrooms.g.garbage collection service and thereofshallbe the carriageway the 6 way shallbe I meters.1 Service laundry anddryingareasshallbe provided.

FloorAreaRequirements a. net floor area of 12 squaremetersmay be allowed a provided that: a. Tank shallalso be required the peak drawnshouldreduce if the pressure on the highest usable floor to less than 0.2 Compliance the provisions the Fire Code of the to of Philippines.2.the minimumpressurerequiredfor satisfactory operation fixtures. water a tankshallbe provided. design and the architecUengineer shallcertifyunderoath thatall the components thereof in are accordancewith the National Building Code of the Philippines.3.06 Mpa .1 ReservoirMater Tank Formulti-storey buildings lf the heightof the building requires waterpressure excess in of thatin the mainwaterline.3. d.safety features and standards.d.1 Provision of elevators shall conform to the olans and specifications the duly licensed architecUengineer of who shalldetermine requirement elevators the for including the number of cars.3 Mechanical Equipment andService Areas d. shall d.2.1 Theseare intended students/employees/workersprovided for ano further thecondominium that project whichthese be integrated to will is withinhighlyurbanized areas. capacity. elevatortype.however.2 Capacity 2oo/o Average plusfirereserye DailyDemand d. 28 'x4 . Accessibility the Law and national industry stahdards otherpertinent and laws. 1"t" I . Single-Occupancy Unit Singfeoccupancy unitsshallhave a minimum floor areaof 1g square meters. be mandatory. speed and locationin relationto the over_all design useof thebuilding. d. particularly of thosewrlhflushvalves.4 Refuse Collection/Disposal Centralized garbagedepository area and efficientrefusecollection anddisposal services shallbe provided whether independenily in or conjunctionwith the city or municipality garbage collectionand disposal services_ shallconform the provisions the Sanitation lt to of Code of the Philippinesand its lmplementingRules and Regulations/pertinent referral codes.

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of schedules. Middle ^4 '^r. franchise professionals signedthe plansand other who K. andcashflowto suppoft sources income of Permit to drill from NWRB or certificateof coveragefrom concernedlocal holder. List of namesof duly licensed filed indicating following the in with application similardocuments connection information: 1.access. time and building architectural years. Rightto use or deedof saleof righfof-way accessroadand otherutilities whenapplicable. Corporation and of (3 7. Zoning Certificate HLURB Office order. cost. One(1) copyof project study to include following: profile cost. sources financing.B. For new corporations years and below)statement capitalization workprogram. Project cash marketability. drawnto scale and duly signedand sealedby a of geodetic licensed engineer.totalproject indicating amongothers. At least2 copiesof vicinity map indicating adjoining landuses. for 3. Building specifications estimated and from Regional D. of and amendments. development the 1. by Non-coverage andcunenttax receipt. Income return thelast3 preceding tax (SEC). Certificate registration Securities Exchange of or 5. C. E. for statement the last 3 preceding 2. Commission from and 4. u . Certified copyof Envrronmental true is whichever applicable. . Certifled truecopyof title(s) for H . Adicles incorporation partnership. Audited financial years. (CNC) dulyrssued theDENR. Certified copyof DARconversion true (ECC) Certificate of or Clearance Certificate F. as the property facilities utilities least fromthe wellas existing at within 500 meters and boundaries the project. the l. by-laws allimplementing and 6.amortization plans workprogram/project table. cost. Firstname name 3. flow. Surname 2.

The owneror developer shallsubmitthe condominium plan in accordance with the requirements the NationalBuildingcode to the buildingofficialof the city or of municipality wherethe property and the sameshallbe acteduponsubjectto the lies conditions and in accordance with the procedure prescribed section 4 of the in Condominium (R.4726\. Maidenname. Taxpayer's ldentifi (TlN) cation Number lf the establishment the condominium projectis physically of feasibleand does not run counter the approved to zoningand landuse planof the city or municipality and the plancomplies theseRules. 5. register project shall the withthe Boardby filingthefollowing: 1. Applicationfor Registration A. is lf projecthas been issueda development permit. permit shall only be valid for a period of 3 years from date of A development issuance no physical if development introduced.in caseof married womenprofessional.4 . HLURBForm001for Corporation. A f 36 .A. Act RULEIV REGISTRATION LICENSING SUBDIVISTON AND OF AND CONDOMINIUM PROJECTS Section 7. of and D. HLURB Form003for Single Proprietorship Certified TrueCopyof Transfer Certificate Title(TCT)or Original of Certificate Of Title (OCT) duly stamped with originatmarking "CERTIFIEDTRUE COPY" by the proper Registerof Deeds and bearingits seal or security marker. SwomRegistration Statement usirrg either: d.No. dateof issueand expiration ib validity. Professional license number.a locational clearance deemed is incoroorated therein. Common Requirements The owner or the real estatedealerinterested the sale of lots or units in a in project condominium subdivision project. or respectively. or b . Professional receipt tax anddateof issue 7 . condominium shallbe approved a with plan the and permit development shallbe issued processing uponpayment theprescribed of fee.

deed from the registered and e to of authority the applicant the property' g . retumhas been tax or statement income i. signandreceive prqecl o1portion thereof the subdivision/condominium authority. liens of a.1 TCTor OCTnumbers.2 The natureof controlor ownership resources. Wtrenapplicantis a new corporation. of a. proprietorsnip.ifnecessary. any.2.2. swornstatementdeclaring: of b.thesameshallbeusecl the to complete Project. \y'Uhenprojed coversmorethan 20 individual a shall marksdescribed above. Articlesoflncorporation(orofPartnershiporAssociation). 2 issuedand signed copY9f the original) sheet(certified Dulyauditedbalance by ihe authorizedofficialof ttre applicantand underthe lattecsauthonty.2 Nameof all registered by a. Whencertified (CR). association single b. a. b.3 Areacovered eachtitle. if any.1 Otherassetsor sources fundsand otherresources. payment' evidencing officeandtax receipts or partnership.3Commitmenttotheeffectthat.2. When individualpersonsare involvedand no balance sheet can BIR by yeardulyreceived for tax income returns the preceding submitted.6 Lot and blocknumbers well as PSD/PSU/PCS etc.certification to of affidavit under{aking submit is mortgaged. affidavit the owner of of for the application Certificate Registration Whenthe applicant is thatt# property freefromliensand encumbrances owner showingclearlytheis not the owner.2 Certification information: markgivingthe following security a.5 Statement all uncancelled andencumbrances.amendments +. to lots individual or units.4 Number OCT or TCT fromwhichthe titleis derived. saleof and. copyof the TCT was issuedmorethan one month priorto b. 4. mortgage contract.In case fom the tit|e.2. the clearlyindicating authorrty byJaws(or its equivalent) thereofand existing oftheapplicanttoengageinrea|estatetradeparticu|ar|yinthedeve|opment line fromthe intended deviates an r"f firigof lotsor u-niii. number. if and owner(s) theirsharing. no financial preparedyet.2.2. be a.otherrelevant documents. over such assets'funds or b.affidavit undertaking mortgagor' of scniut-e. as a. outstandingbalance of loan and amortization mortgale6 regarding of of and. its development.titleswithoutthe required a.Wt1en applicant "nO )'l .e..1 Photocopy TCTs fom the registerof deeds concemedwith its seal or a.the ficllorving be required: of a.

Permit to operate a deepwelland subsequentsubmissionof confirmed water resistivitytest from the Nationarwater ResourcesBoard (NWRB). 11. Building Permit projects: 2. by 6. For Subdivision a. B. 2 copiesof verifiedsurveyreturnswith raberfor alr non-sareabre areas includingbut not rimitedto parksand praygrounds.units to of or lots and units. Deeds. Electrical plan and specifications duly signedand searedby a ricensed professional electricalengineerand duly approvedby the local franchise holder.pro-formaatfrdavit for by signifying willingness ctrange projec{ to name. community facirities and roadsand easements ^.authorizationfrom the Securitiesand Exchange Commission (SEC) and/or the appropriategovemment agency to engage in the prqecl.1 .i-er. ForCondominium a. Water potability test results from concerneo government agencieVMaynilad. Additional Requirements projects 1. development selling the subject and of A copy of any circular. 1 0 . "4038 . Samplecopyof Contract Sellto be usedin the publicoffering lots. brochure. Whenamendments shallbe affec{ed the form contnact on submitted notification/approval HLURB. prospec{us.or @mmunication used/to be used for public ofiering of subjed projectand br circulation uponapproval the Board. Master Deeds with Decraration Registrationand Decraration of of Restrictions evidenoed the properann6tation by thereofin ttre tit[isl or the propertyand the certifiedtrue copy of such tiile(s) from the Reg. Certified truecopyof Environmental Compliance (ECC)/Certificate Certificate of Non-coverage(CNC). whlchevel is'applicable. advertisement. ZoningCertificate tom HLURBRegional Office Certifiedtrue copy of DARconversion order. b. duly issued by the Department Environmental Natural of and Resouroes (DENR) 8.(or of business stipulatedin its articles of incorporation partnershipor association).

3Proofofcomp|iancetoSec.4 pro1ect the covering project.2 Certified permit in to issue development other local govemmentofficial cases where the same was not granted by the Sangguniang Pangbayan/Panlungsod. development b. listing title(s) of b.4 Certified copyof bondissuedby the LGUwherethe main agencles' project located by any of the housing or is plan. to authority the mayoror conferring true copyol resolution b.1 legalbasis theapproval 957.3.1 dateof . b.5 full (PD of .1.6 b.2 complete or theresolution ordinance.2 Licenseto sell of socialized is if compliance tocationof compliance not within the main subdivision Project. proJect nameand its location.3. . Evidence of approval of the subdivisionscheme by the local as copyor one certified true mustbe any original government official official'indicating local government 6py thereofby the authorized position and the date of approval lt mysj Oeiny nis full nameand contaanthesamedataasdescribedabove'Mostimportantofall'it approvalsuch as but not of must bear an indication Sanggunian IiKE "APPROVEDBY AUTHORITYOF THE IiMitEdTO WOTdS SANGGUN|AN''orothersofsimi|arimport. housingprojectoffered as b.itbeingunderstoodthat suchauthority issued has theSanggunian properly b.3 Joint venture agreementwith LGU or other housing agencies.1.lSotRAT2Tginanyofthefo||owing manner: projects within housing permitof socialized b.3 area: b.EO 648andotherrelated laws).1.1 Sangguniang ResolutiorVOrdinance permit/subdivision development plan containing the following information: and or b. b.1 1 fullnameof the grantee permittee hisaddress.3.. b. Copy of the followingdocumentsin case the development issued the LocalGovemment (LGU)pursuant the 1991Local to by Unit issuances: Codeand related Government granting of development b. 39 .permitwas b.3.1 Development the mainsubdivision.4 one (1) set of subdivision d". true b.

Dulyaccomplished notarized sheet and fact Section 9. 44 '&' 40 . Programof development (bar chartwirh s-curve. the documents as attached rsinesshours by interestedparties. Submissionof a certified rrue copy of tifle of the common areas/open space' which tifle shail expressryindicatethe kind of common-tse approved therefor. proponent submit the shar proof pubrication Y. Noticeof publication Lpers.the pubrication. wellas. Segregation the individuar of tiilesfor aI rotsor unitswithinthe project. 2."in"J uv subjectto approval the Board). submission proofthat tiflesto the sareabre or unitshave of rots been issued. C. which..) signedand sealedby ricensed engineeror architectindicating work activities.on or beforea clefinite date (to u" rp.proof may incrudea certification from concernedregisterof deeds indicating tots/brocks unitsor datra the or simirar those.. etc. by "00r. Project study d.c. duration costing and B.GanttcharupERT-cpM. 3. In :ct shallbe postedon the project until site of. and Section 8.. Affidavit undertaking perform following: of to the 1. Copyof brochures otherfonnsof advertisements..eq*uired to undertne requirement certificate Registration whenrequired for of onry by th" B"."". Application for License to Sell The owner or the real estate dealer interested the sale of lots or units in a in subdivision condominium or project shallapplywiththe Board a License sell for to by submitting following: the A.?^ol:gro'"oon of executedby the pubrisher and an affidavit ittestinj io the postingof the biilboard noticeon the site.

ol shallbe at least2Oo/o the totaldevelopment bureauof internalrevenue. fromany liensand encumbrance provided. recitingthat a registra'tion lots unitshas beenfiledwith the Boardand that the subdivision or condominium are thereto. and or iwhether in as to B. Certificateof Registration ln with the provisions Uponfindingthatthe projectmaybe registered acrordance of shallcausethe publication the expense at of the decree the andtheserules. Boa:-cj in the absence any impediment' of shall of the affidavit fees. published Englishand anotherin Pilipino. cf performance andpayment the prescribed bond thereof unit in the projector portion to the Boardshallissuea license sell the lot or bond. Realestatemortgage be executedby the applicant mortgagor favor of by as the as of the Repub|ic the Phi|ippines mortgages. Board in of the applicant noticeof the filingof the registration a statement 2 newspapers generalcirculations. Pertormance bond requiredundersec. registered of therefor. the value.of zonal valuationscheduleof the the property. |atter represented and actingthroughtheHLURB. opento siatement well as the papersattached as registration aforesaid parties. in once a week one statement for the sale of for 2 consecutive weeks.overapropertyotherthanthatsubjectofthe that and fiee apptication.submission the requiredwork program. Bond Section12. License Sell unit lot No owner or dealershall sell any subdivision or condominium in the by project a to without license sellissued the Board. Upon proper application or fee license by theowner dealer. portion cost to c.Section 10. Fiduciary Board. the submittedregistratlon coveredby the performance Ganestablishthat the pertinentdocumentary reguirements statementand other unit lot proposed sale of the subdivision or condominium to the publicis nol fraudulent. or. 41 *l . A suretybond amounting 2oo/o the development of the unfinished duly accreditedbondingcompany portionof the approvedplan issued by a or. business hours interested by inspection during of and upon submission the of After 2 weeksfrom the completion the publication issuea publications. providedthat.computedon the basis of the CoSt. to private government) acceptable the Board. of upon Certificate Registration payment theprescribed of to Section11. cash bondequivalent 10%of the development of the unfinished thefollowing' planwhichmaybe in the formof of the approved officerof the depositmade with the cashierand/ordisbursing 1. 6 of the Decreemay be in any of the The performance forms: following cost of to A.

names is the andaddresses salesmen of employed by [. lo d lf app|cantis a salesman.2. RULEV REGISTRATION REALESTATE OF DEALERS. A certificate guaranty of deposit issued anybankor financing by institution of goodstanding favorof the boar.d the totaldevelopment in for cost.l 42 . 4.fl" Section 14. Anyirrevocable credit to be utiiized thedevelopment the project line in of from any bank of recognized standing and a refinancing program re-structuring indicating sources funding of fromdulyaccredited funding institutions. and c' statement that appricant quarified act as rearestatebroker is to dr saresman pursuant law. timethe principal or refuses at any fails to comply withhis dutiesandobligations underthe bondcontract. A letterfrom any bankof recognized standing certifying so muchhas that beenset asidefromthe bankaccount the applicant favorof the board of in whichamount maybe withdrawn thechiefexecutive by officer the board of or by hisdulyauthorized representative. unlessspecified by said period shall be treatedas original ^+ . nameand address the of the dearer broker or who emptoys him. office or its address branch and offices and the namesandaddresses its executive of officers directors. a " applicant a broker. ageandaddress b' lf a corporation' partnership. Certificateof Registration nentsor information. 3.attaching copyof appointment. BROKERS AND SALESMEN Section13' Apprication Registration Brokersand saresmen for of No brokeror saresman shailengage the business seiling in of subdivision or rots condominium unitswithoutsecuring certificate registratidn firingwith tne a of by Board registration a statement quadrupricate in containing foilowing the inrJrmairon: a. Name. For pre-existing projects any of the formsof performance bond enumerated above maybe availed of. association.

Thebondshallcontain clause Board. bondishiscessationfromfurtherengaginginthebusinessofse||ingsubdivision|ots o r c o n d o m i n i u m u n i t s . as andmaintained a condominium' owned ^'{".an-tuo" features. Commercial organized' enterprise and oiher commercial services professional businesses.factof stating' of In expense a newspape.000 Dealers/Brc have already bondsor securities bonds shall no longerbe requiredif equivalent agencies with othergovernment foi been postedby applicants the same purpose to DUrSUant law. Block . of the H in bondshallbe executed favor d and honest uponthe faithful conditioned or deale a under broker working salesman thoseduties to uponfailure discharge that who maysufferloss to any and all persons for the bondshallbe P5. Boardor HLURB shallmean Housing LandUse or alleysor pathways on b.brokerorsa|esmanmayapp|yinwritingwiththeBoardforthecance|lation the. .a building.f i | e h i s c | a iof thet h t h e B o a r d mwi for reason the cancellation lf within15 daysfromtn" o"iu oi fublication. Bonds a maybe either cashor a surety 6 undersection of the Decree The Bondrequired pfivateor govemment whether company bonding bond issuedby a duly accredited in thatit shallremain others among stating a agency. the. n"r" shallbe cancelled of registration and Salesmen. Any proof6f publication The suln apptication. Brokers Dealers. to shallbe submitted the Board.Section15.t t"asons. or ysedfo1g[ce' Condominium . In appropFiate and at the latteis therefor of to the may |.The by or cancelled released the fu'ittoiceand effectunlessit is ordered. t h e d e a l e r ' b r o k e r o r s a l e s m a n s hthe s u r r e n d e r h i s c e r t i f i c a t a | l Register of from to the BoarJanJ hi. amongothers'the. A|||andsfrontingononesideofastreetbetweentheneareststreets' street' the or meeting crossing aforesaid intersecting. againstthe dealer'brokeror p"ito^. Definitionof Terms are wordsandphrases defined: the of For purposes theserules.equire applicant ciuse the publication a notice jenerat circulation.oard cases. havingany claim for moneyor property s a | e s m a n i n h i s r e a | e s t a t e s e r v i c e o r p r a c t i c e ' m u s t .a parcelof land bounded the sidesby streets and occupiedby or intendedfor or other naturalor . RULEVI PROVISIONS MISGELLANEOUS Section16.B. following Board' Regulatory and the a. of release hisbondrtaiingthet6i. buildings.. -hit Adea|er. groupof buildings' c.

or the appurtenant the interests such areas. which unitsare owned individually. CondominiumUnit .administered maintained a corporation and by createdpursuant the to provisions the appropriate of statute. r\ ourx Duyer sha mean any person who aoquires a lot or a portion of ttre . in including struc{ures all thereon. morefloors(or partor one partsof floors)in a building buildings suchaccessones or and as maybe appended thereto. separate a interest otherportions suchreal property.places of worship. or in and stnrcture. the land on which it is or in located and in othercommon areasof the building. may in addition. or reserved. healthcenters. is as in A building groupof buildings. condorninium . An individualdwelling unit under individualownershipin a multiple units development common with elements which: in a The unitscomprise onrythe spaceencrosed the unit boundaries.facirities and outdoorareasused in commonby ail tenant! are owned. hospitals. sellingor exchanging estate real whether iull timeor part_time on basis.A condominium include.Titteto the in of commonareas.barangay centersand othersimilarfacilitiesi/amenities perPD 1216. not by but all materiat partsof the landwithinihe space. industrialor commercialbuildingand an undividedinterestin @mmonclirecfly indirecily.meansthe entire projectexcepting units separately all granted. in be held by a corporation speciallyformedfor the purposein which the fqy holders separate of interests shallautomatically members shareholders. CommonAreas . in proportionto the appurtenantinterest of their respec{ive uniK in the common areas. CondominiumProject.d.shallmeanany persondirecfly engaged principar the businqss as in of buyrng.including land. c Theoommon element ownedby alrof theowners tenants common. b. I ^l :rt' Dealer . be or to the exclusiveof others. The commonerementrneansalr the propertywithin the deveropment except theunits. A building whicheachindividual is heldin separate in unit private ownership and all 1loorspace.meansa partof the condominium pojec{ intended any br typeof independent or orrnership.facilities structures or intended serve@mmonneeds to and for the benefit of the communitysuch as schools. held CommunityFacilities.shallmeanan interest real property in consisting a separate of interestin a unit in a residential. use including o.meansthe entireparcelof rearproperty divided to be or divided condominium. @mmon areas and facilities are o^/ned Oy tne owners the on a proportional undivided basis.

a dwelling completely 2.the sideof a lot whichabutsa street' n. sameas a single-family and facilities laundry toitet as of o. Oneor moreroomsthat maybe usedas a residence. SingleDetached.a dwelling access. with or withoutre-subdividing introducing and facitities. under its previouslicenseto sell or in a new other sells the to to license sellin hisname the public.housing or or subdivision who. including dwelling.or the above roof is 1 millimeter' the a-Oove roof.s . ." Buyer's Subdivision Condominium and or designed usedas residence. and for or roomsdesigned intended use by'l or more One or more habitable in establishment housekeeping and separate as individuals an independent use for facilities provided the exclusive are kitchenand sanitary whichseparate from outside building the entrance with or of suchindividual individuals. DwellingUnit .a lot frontingon one streetand the remaining lot lines. .. bystartingatthefoundationandextendingcontrnuous|ythrougha||storeysto. 4. Decree shallmeanPresidential Protective Decree. Lot . same.providingcomp|eteIivingfacilitiesfor cooking'eating'bathingand for provisions living. sides boundedby 2. ^f.sleeping. ) known "The as Decree 957otheruise No. regular lol .lotsshallbe defined follows: l.LivingUnit-adwe|ling. Frontage . the facilities. Extension m. one flmily. Duplex .orportionthereof.structure eachunithavingsleeping. cooking toiletfacilities.Sing|eAttached-adwe||ingunitwithonesideattachedtoafirewa||' livingunitseach of whichis 2 unitcontaining separate 3.Rowhouse-dwe||ingunitscontaining3ormore|ivingunitsdesignedin suchawaythattheyabuteachotherandareseparatdfromeachotherby access withindependent eachunitprovided a firewall l'Firewa||-anywallwhichsubdividesabui|dingsoastoresisttheSpreadoffire. wiih and by from seoarated another a firewall provided Independent 4.corner|ot-a|otsituatedattheintersectionoftwoormorestreets. a private inside building' the hallway staiMay or or fom a common Types: Dwelling by surrounded yards' unit 1.portion a suMivisionorany parcelof landintended a unitfor transfer development for or ownership building as Types of Lots.

. Section17. rovbrock TCTno. Disprayof certificate of Registrationand License to Sell The. schools. barangay centers other anci similar facilities amenities. no.a lot located the innerportion a blockwith a minimum at of of (3-m)wideaccesswhichformspartof the lot.shall refer to an area reserved exclusivelyfor parks.viihin suggested houseand lot pricerangesas determined are the through HUDcc resolution failing an<i prescribed these underthe standards in rures. hospitals. extenudeveropment status. The fact [hat rr"n oupri"utur. interior . modeof acquisition.rctiona.eprincipal office the of oearer.refers housing projects to whereprices of packages r. Submissionof Semestral Reportson Operations Everyowneror dealerof a registered subdivision condominium or projectshall submitto the Boardsemi-annual reports operations on showing salls status the indicating therein nameof buyer. oroGr or saresman. changes corporate in officers theiraddresses and within daysafterthe endof each. and paymentof the prescribed fee. the casemay be and a xeroxcopythereof aI its as in branches ano offices- Section 19.certificateof Registration and Licenseto Seil issuedby the Board shail be -owner.dateof furchase.placesof worship..anylotwhich notrectangle square-shaped lot is nor p MediumCost and Open Market . Open Space . recreational uses.Jrn"rter. 1.meansthe entire parcelof real properry dividedor to be dividedin condominiums. . q. displayed a conspicuous in placein tt. through . playgrounds. roads.-iopL. nameof mortgagee.lot 3. and r. by 5. three-meter 4. irregular .a" beenissued shallbe madeof record. License Lost or Destroyed Certificate of Registration or Uponlossor destr'. including structures all thereon.a lotbounded twoopposite lot on sides roads. health centers. Project . 46 .. to section 18.certificaie Registration License of of or to Sella dupricate copy thereofmay be issuedby the Boardafter satisfacto proof of such loss or ry destruction. 60 of corporate reportsto the securities ind Exchange commission shall also be furnished theBoard.

shallconstruct Everyownerof developer facilities as far and and lighting including watersupply otherformsof development. Section 23.. xJ 4'7 | . Advertisement unitsshallbe for lots All advertisements the saleof subdivision and condominium pursuant Section ofthe Decree.requirements plans shilrl of Seition 22 of the Decreeare compliedwith. Alterationof Plans t ti of Requestfor alteration subdivision plans may be granled if.Section 20. brochures. Board In therefor.. as practicable printed letters or prospectus. to of as miy be fixedby the Boardfromthe dateof the issuance license sell for the project.the. T"r.or issuesuchordersit portion the approved development of of the unfinished mayoeemproper. Translerof Ownershipor Changeof Name of and/orchange. The requirements Sections aPPlicable. 19 by to declared andapproved the Board Section21. or subdivision condominium periodof time withinone (1) yearor withinsuchother in any form of advertisement. the approved in which are offeredand indicated improvements. and providethe facilities. legalordersor such is causedby fortuitous to f'vprop"rwith the writtennoticeto lot or unit buyerswithoutpreiudice may deem 23 to of the exercise theirrightspursuant Section of the Decree' by shall of for The request extension timefor completion be accompanied a revised with project or engineer architect dulysignedandsealedby a licensed work program mayrequire the cases. matters.completion. Time for Completion infrastructures. Section 22. plans. appropriate scheme and costing finanCing cost 20% of development to performance bondamounting the polting of additional plan.the for to if* b"rt of the transferee assumefull responsibility the. Alteration condominium amendedby Sections1 Act with Section4 of the Condominium as be in accordance and 2 of RA 7899. 7 and 13 hereofshall be in J"uiopm"nt thereof. name may be grantedonly if Requestfor transferof ownership prolect and sale over the subdivision condominium there is a deed of absolute on with an undertaking changed the and/or namethereof iought to be transferred of.s weekfor two (2) consecutive at is wherethe project located leastoncea municipality weeKs. whenever observed at or such requestfor transferof ownership changeof name shall be published within the city or of expensein a newspaper generalcirculation applicant. or subdivision condominium or of of Reouestfor extension time to completedevelopment a subdivision project of wherenon-completion project onlyin cases maybe granted condominium that the board otherreasons events.

dearers.. Exceptas may othe*ise be providedfor by raw. impfementation payment theseadministrative shal not precrude The and of fines criminat prosecution the offender of underSec{ion of the Decree. suchbuyer may at his option be reimbursed total amount paid includingamortization the interestsbut excluding delinquency interests. entriesor annotations titlesmadeon thisregard. shall be penarrzed accordancewith the approved schedure in of fines. fairs to register an existing subdivisionproject or condominium project withinthe periodprescribed unoertr6se rub. Criminalpenalties Any personviolating any provisions the of shallsufferthe penalties provided undel for I 4t *L "Ji. Administrative Fines Any owner or dearer who.the Boardmay rn appropnate cases cause the Registerof Deedsto cancel registration.. deveropers.. at Section 25. to Section 27. RealtyTax and OtherCharges No realtytax assessment otherchargesshail be imposed a rot or on or unit buyer exceptas providedfor in Section26 and2T of the Decree. Registrationof Gonveyances sales or conveyances the subdivision of lots and condominium units shall be psisteredwithin t80 days from execution thereofby the sellerwith the Register of Deedsof the province citywherethe property situated or is pursuant secti5nt 7 of to the Decree. _ Brokersand Salesmen complaints or proceedingsagainst owners. .Section 24.brokers and saresmen sha be resorved accordance the Rures procedure in with of to oouem'tne Conduct Heanngs of beforethe Board. 39 Section 30. Developerc.. afier due notice to the owneror developer and clearance from the Boarddesistsfrom furtherpaymentdue to the failureof the owneror developer developthe projectaccording the approved to to plansand withinthe time limitfor complying with the same.AGa. Section 29. Section 28.Complaints Against Owners.Dealers. Non-forfeiture Paynrents of paymentmade by a buyer in a new or existingsubdivision No installment or project the lot or unithe contracted buyshallbe forfeited favor condominium for to in of the owner or developer when the buyer. Mortgages Mortgage any unitor lot by the owneror developer of shallbe cleared withthe Board pursuant Section1I of the Decree.il . interest with thereon ihe legalrate. on Section 26.

subjectto further review in the licensed architects who are not licensed environmentalplanners may development meantimestill contrnueto $ign site developmentplans/subdivision -ror of date of effectivity prolects.boundaries the of salesdocument any lot. Fees feesin accordance collect Shall unit or The Board the localgovernment concerned government concerned or by of withtheschedule feesapproved the Board the local Section 34. APPlicabilitY projects and subdivision condominium TheSe RUIeSshallapplyonlyto residential laws and related by as defined the Decree Section35.to be of Iocation the and geodetic by and engineer signed theseller buyer' by certified a licensed as Section 32. lf the sale numberand renewal certificateof Registration document' in factmustbe so stated thesales that or by theowner dealer. Section 37.a sketch proiect. EffectivitY These Rules shall take effect immediately after its publication once In any of newspaper generalcirculation 4. Section33.the validity not be affectedtherebY. Broker/Salesman Witnessto Sales lot the who or The broker salesman negotiated saleof a subdivision or condominium of with to witnesses the salesdocument an indication his unitshallactas oneof the was directlymade date. 49 P . and these Ru|esto the conirarynotwithstanding. ldentification Lot Subjectof Sale project shallattach andshallformpartof the to of Theowner dealer a subdivision or and planclearly showing area.Section(5)Subsection(A)(1)andSubsection(B)(2)of thereof. TransitoryProvisions TheprovisionsofRu|e||. a penod ot 2 yearsfrom the pians of subdivision theseRules Clause Section36. shall all other provisions of are of such provisions declarednull and void.of Section31. SeParabilitY and in the eventany of The provisions these Ru|esare herebydec|aredseparab|e. well as the as with the blockand the whole dimensions the lot in relation of prolecttn relation with publicroadsand otherland marks.

endangering the healthand safetyof homeand lot buyers.THEREFORE. of by virtueof the powersvestedin me by the constitution. theseactsnot only undermine landand housing program the the of government also defeatthe objectives the New Society. Definition of rerms.957 DECREE PRESIDENTIAL LOTSAND CONDOMINIUMS. 1.particularly promotion but of the of peaceand orderandthe enhancement the economic. drainage.when used in this decree. developers. havethe followingrespective meanings: a) Person. association a single or . is the policyof the Stateto affordits inhabitants requirements it for and to providethemwith ampleopportunities improvif€ of decenthumanseftlement theirquality life. the Filipino WHEREAS. 2.reportsof alarming magnitude also show cases of swindling and perpetrated unscrupulous fraudulent manipulations by subdivision and condominium sellers and operators. to pay real estatetaxes. watersystems. Tltle.sewerage. president the phitippines. of social and moralcondition of people. operators.A ANNEX MALACAfrANG Manila NO. l. "Person" shalrmeana naturar a juridical person. and/or sellers have reneged on their representations and obligationsto provide and maintainproperlysubdivisionroads. A juridical or person refers to a businessfirm whether a corporation. herebydecreeand order: do Title I TITLEAND DEFINITIONS SEC. sEc. THESALEOF SUBDIVISION REGULATING THEREOF FORVIOLATIONS PROVIDING PENALTIES the WHEREAS. lighting systems.and fraudulent and salesof the same purchasers value. revealthat manyreal estatesubdivision numerous reports owners. of WHEREAS. . NOW.such as failure to delivertitles to the buyers or titles free from liensand encumbrances.cooperativeor proprietorship. WHEREAS.This decreeshail be known as THE SUBDMSION AND CONDOMINITJM BUYER'S PROTECTIVE DECREE. partnership. E.the followingterms shallun{ess contextothenarise the indicates.this state of affairs has renderedit imperative that the real estale subdivision condominium and businesses closely be supervised regulated that and and penalties be imposed on fraudulentpracticesand manipulations commifted in connection therewith. FERDINAND MARCOS. . subdivision to different lots innocent for WHEREAS. othersimilar and thus basicrequirements.

or a subdivision a condominium j)Deve|oper'-''Developer''sha||meanthepersonwhod. condominium unit projector a condominium in a Project"shall meana tract or a parcel subdivisionProject.The term "Buy"and "Purchase" acquire for a valuable considerationa contract to buy. i) project.owner'. shall includeany c) Buy and Purchase.or any offerto sell.. lt shall include all residential."Dealer" k) partor on real or selling exchanging estatewhether a full-time of the business buying.any landin consideration in.residential and offeredto the thereon. purchase.. ."Sale" "Sell" shallinclude and of lot. any or corporation. ownerof the |andsubjectof sha||referto the registered owner."complexsubdivision f) complexsubdivision or land whereina street. of the a dues. recreational."subdivision d) of land registeredunder Ait No.or to or everydisposition. any. timebasis.or by a circular..including structures condominium h)CondominiumUnit. attempt b) Saleor Sell. 51 . a subdivision including building for projector condominium in a unit thereof."Sale" a and "Sell"shallalsoinclude contract sell.an exchange.any.-. 496 which is partitionedprimarily for. as well as open spaces and other and recreational industrial commercial. Plan"shall meana Plan. . .directly by an agent. residential. subdivision including building project. a purchase an to and sale.whether subdivision e) pqect' in or industrial.CondominiumUnit'shal|meanapartofthe including use for project intended any typeof independent or ownership. . .a contract condominium purchase. lots purposes iito individual with or withoutimprovements terms. areasin the project' and community public Lot" Lot. Project"shall mean the entire Project.passageway open spacels plan of a registered subdivision on delineated the Plan. the or evidencing giving rightof of of and/or issuance a certificate receipt the association fee of of payment the membership or participation or right."subdivision shallmeanany of the lots. in as engaged principal directly shallmeanany person Dealer. attempt sell. public for sale. condominium (or part of partsof floors)in one or more roomsor spaceslocatedin one or morefloors abui|dingorbui|dingsandsuchaccessoriesasmaybeappendedthereto. of or advertisement otherwise."condominium condominium s) "of real propertydivided or to be divided primarilyfor residentialpurposesinto parcel thereon' all units..shallbe deemed salewithin meaning thisdefinition. A privilegegivento a memberof a cooperative. in a subdivision the lot. in a subdivision if other improvements of to project. a subdivision commercial. or othenruise if and otherimprovements.eve|opsor project and in behalfof the owner for project condominium or the improves subdivision thereof. the dispose. partnership. a valuableconsideration. . in cash or in installment areas.an optionof sale or letter' or solicitation a sale.

upona findings the thatthe plan complies with the Subdivision Standards and Regulations enforceable the time the lt plan is submifted.The registered ownerof a parcelof landwho wishes convert sameintoa subdivision to the project shallsubmithissubdivision to ptan the Authority whichshallact uponand approve same. "Salesman" shallreferto the person regularly employed a by broker perform. to The namesand addresses ail the directors of and officersof the business firm.as so approved.The National Housing Authority shall jurisdiction regulate real tradeand business accordance have exclusive to the in with the provisions thisDecree.l) Broker. .in addition. suchsubdivision in project condominium or project shallregister project the a statemenicontaining l/i1h the Authorityby firingtherewith sworn registration the followinginformation. plan.A.the owner'sprincipar businessoffice. 4726). by 52 c) d) . if the owner: The general characterof the businessactuallytransacted or to be transacted the owner. Title ll REGISTRATION LICENSE SELL AND TO sEc. NationalHousingAuthority. a) b) Nameof the owner. nameand address his agentor representative the of in the philippines authorized receivenotice. undertakes sell or negotiate sale of a real estatebelonging to the to another. 4. for commission other or compensation. 3. Registrationof Project. .A.The same procedure shallbe followed the case of a plan for a in project condominium exceptthat.6541).and if the owner rs a non-resident Firipino. of sEc. respectively."Broker" shallmeanany person who. The owner or the rear estate dearer interestedin the sare of rots or units. 440): provided. 'Authority" shallmeanthe National Housing Authority. . and in his behalf.A. or all the functions a realestatebroker.No. Act No. No. Act by that in of theCondominium (R. 496 as amended R. to for any of n) Authority. saidAuthority shallact uponand approve the planwith respect the building buildings to or included the condominium in project in accordance the National with Building Code(R. Th" subdivision of Landsfor approval accordance in with the procedure prescribed seition 44 of the in Land Registration (Act No. m) Salesman. shallthen be submitted the Director to . The locationof.

SEC. in caseanysubdivision or condominium is that Provided.prospectus. condominium firm. brochure.e) A statement the capitalization the owner. the and of of including authorized proportion whichis stockandthe thereof outstanding amounts its capital of paro-up. upon properapplication The Authority.owneror dealer.that the aforesaid such parties. lots of communication be usedfor the publicoffering the subdivision or to units. A copy of any circular. mortgaged. c. authorized sell any subdivision or certificate registration a project unlesshe shatlhavefirst obtained license unit condominium in the registered project' of two within weeksfromthe registration such to sellthe project shall issueto such owner or therefore. of accordance thefirstand second with letter. a balancesheet showingthe amountand In case of a business of and generalcharacter its assetsand liabilities a copy of its articles of as or of or incorporatton articles partnership association. "J fees. correponding which is free from all liens and encumbrances: A title to the property unit lot however.5.or advertisement.reciting once a week for two consecutive Housing units his been filed in the National lots sale of subdivision or condominium the papersattached as statement. of any partyuponpayment the proper project shallbe deemedregistered project the condominium or The subdivision The fact of such registration requirement.itissufficientiftheinstrumentofmortgagecontalnsa stipulationthat the mortgageeshall release the mortgage on any pricefor unit lot subdivision or condominium as soonas the full purchase the sameis PaidbYthe buYer. statement: documents shatlbe attached the registration to The following a. the casemay be' thereofand existingby-lawsor instruments with all the amendments thereto. however. hoursby interested duringbusiness are thereto. Licenseto Sell .in of at statem-ent the expense the applicant filingof the registration in. opento inspection -under to and that copiesthereofshallbe furnished may impbse. project to a'license sellthe project afteran examination the dealerof a registered documents . d. of two'newspapeis general for statement the that a registration weeks. well as registration nutnoritv.Suchowneror dealerto whom has been issueda lot to be shall not.Pilipino. of if. fees statementshall pay the registration The person filing the registration prescribed by therefore theAuthority. a causeto be published noticeof the shallimmediately the Thereupon. Authority . of upon completion the above publication or to certificate be issuedto the applicant'owner by sirallbe evidenced a registration dealer. b. the Authority i"grl"irn. plan as approvedin plan or condominium A copy of the subdivision paragraphs thissection.stitementfiled by said owner or dealerand all the pertinent registration CJ . and published English another in one circulation.

. Saleor transfer a subdivision by the originar of fot purchaser thereofand any subsequent of the samelot.that his businessis financially stable. Exempt Transactions.and that the proposed lots or sale of the subdivision condominium unitsto the public not be fraudulerit.attachedthereto. of in as in sEc' 7.tv. . of drainage. immediatery suspendthe owner..he is convincedthat the owner or dealer is of good repute. Performance Bond. Authority the is convincedthat the registration statementis accurateor that any aericlency ttreieinhas been conected or supplemented that the iaie io tne public or of the subdivisionor condominium project neither fraudurent resurt wiil be nor in fraud. would SEC. rt shailarsobe rifted upondismissal the complaint lackof tegat of for basis pensions. sEc' 8. sale sale of a subdivision or a condominium by or for the account fot unit of a m:rtSaqeg the ordinary in course business of whennecessary liquidate to a bonafidedebt. suspension of Licenseto sert.A ricense seil and perfo'nance bond shall to not be required any of thefollowing in transactions: a) b) c) sale'of a subdivision resurting rot from the partition randamong coof owners andco-heirs.No licenseto sell subdivision lots or condominium units shall be issuedby the Authority under section 5 of this Decree unlessthe owneror dealershall havefiled an adequateperformance bond approvedby said Authorityto guaranteethe construction and maintenance the roads.sewerage.Uponverified compraint fitedby a buyerof a subdivision or a condominium or any interested lot unit p".n section rs heieor.lightingsystems. 6. in" irft. suspension the rightto sell the of rsons notified thereof. The performance bond shall be executedin favor of the Republicof the Philippinesand shall authorize the Authority to use the proceeds th'ereoffor the purposes its undertaking caseof forfeiture provided this Decree.water system. shall be deemed rderof suspension in the meantime has be 54 . in its discretion. afternoticeand hearing.oritv 'ticense may. . gutters.sor deare/s to sert pendinginvestigation hearingoi the caseas provided and .and full development the of projector the condominium subdivision projectand the compliance the owner or by dealer withthe applicable lawsandrulesandregulations. . The suspension ordermay be riftedif.

or rule or of any Has violated of the provisions this Decree any applicable or performance bond. 10. or ls of badbusiness with in his Doesnot conduct business accordance law or soundbusiness PrinciPles. shallbe sufficient of such or of to its license sell. shallregister conditioned suchsum as may be fixedby the Authority in othersjcurity in lieuthereof.brokeror sa|ert"n shallengagein the business sellingsubdivision or in Authority accorclance with the himself unitsunlesshe has registered condominium provisions thissection' of withthe complied is shallfind that the applicant of good reputeand ha. A record shallbe wherein unitsshallbe keptin the Authority lots of subdivision and condominium or the affecting condition statusthereof The registers enteredall ordersof the Authority to subject unitsshallbe opento publicinspection lots of subdivision and condominium may prescribe rulesas the Authority such reasonable Title lll AND SALESMEN BROKERS DEALERS.s lf the Authority fee.9. 11. No real estate lots of dealer. Registrationof Dealers. c) d) e) fl or or Wherethe owneror dealeris a partnership corporation an unincorporated and certificate of its registration causefor cancellation it association. revokethe registration any subdivision of lot or condominium project issuing order an lot by license sellany subdivision or condominium in said to unit into thereto.with his findings respect provided in Section hereof. if any member such partnership any officeror director whichwouldbe cause or omission has or corporation association beenguiltyof any act 'refusing as dealer. withthe applicable filinga bond'or uponhis or broker. of including payment the prescribed he the rulegof the Authority. . sEc. in Has madeany misrepresentationany prospectus. Registers of Subdivision Lots and Condominium Units.brokeror salesman of the or revoking registration an individual for 11 provided Section hereof.Brokersand salesmen. Has been or is engagedor is aboutto engagein fraudulent or or circular brochure. to has beendistributed prospective repute. in SEC.The Authority may. shallappear 14 it for a as during hearing the owneror dealer that evidence the saidowneror dealer: thereis satisfactory a) b) ls insolvent. of or regulation theAuthority.SEC. any undertaking his/its of or transactions.motopropioor uponverified filedby a buyerof a subdivision complaint projectand the unit. . uponexamination the affairsof if in to this effect. projectthat projector condominium other literatureabout the subdivision or buyer. Revocationof Registration Certificateand Licenseto Sell. salesman as suchapplicant a dealer.

revokedby the Authority after reasonable if. the casemavbe. 12.All applications beyondsaid periodshallbe treatedas by filed original applications. noticethereofsha arso be given the broker dealer or employing suchsalesman. or unless specifically required the Authority. Has demonstrated unworthiness. Salesmen. Renewalof registration the succeeding of year shall be for granted uponwrittenapplication therefore madenot lessthanthirtynor morethansixty days beforethe first day of the issuing year and upon payment the prescribed of fee.brorers or of as salesman shallbe recorded a Register Brokers. of broker's saresman's or registration. Registration under the precedingsection may be refusedor any registration granted thereunder. salesman. Revocationof Registrationas Dealers.it shall determine suchapplicant registrant: that or 1) Has violated any provision this Decree any rule or regulation of or made hereunder: or Hasmadea material falsestatement hisapplication registration.case. or as 2) 3) 4) ln case of chargesagainsta saresman. Every registration under this section shall expire on the thirty-first day of December each year. Pendinghearingof the.the Authority shail have the power to order the suspension dearer's.upon his faithfulcompliance with the provisions this Decree: Provided. of that the registration a salesman of shallceaseuponthe termination his employment of with a dealeror broker. The names and addresses all personsregistered dealers. noticeand-hearing. in for or Has. iucn oroer that shallstatethe causefor the suspension. shaflcarrywith it arl the suspension revocation the registration-s hissalesman. of broker. transact his to the business dearer. The suspension revocation the registration a dearer or of of . provided..Brokers. or of of all 56 . been guilty of a fraudulent in connection act with any sale of a subdivision or condominium or lot unit. withoutthe necessityof filing furtherstatements information. in of Dealers and salesman keptin the Authority whichshallbe opento public inspection. SEC.

. the or of registration the subdivision condominium whole or in part. of the in reiocationof the licenseto sell and/or the forfeiture. officeror officersdesignated hearthe witnesses.oo)pesosorimprisonmentnotexceedingfive(5) or daYs.The proceedings in obtaining courts regard legaltechnicalities to in without summary nature The Rulesof Court shall not apply in said hearingexcept by of law.orotherrecordwhich to or relevant material the inquiry.The hearingmay be heldbeforethe officeror officersdesignated in on by the Authority the dateand placespecified the notice.of to the proceeding underthis Decree.13.The otficeror officersdesignated hear the comp|aintmaya|soadjudgeanypersoninindirectcontemptongrounds andinthemannerprescribedinRuleT'loftheRevisedRulesofCourt' b) withinthirty(30)daysfromthe sEc. following a) is Notice . Hearing.The officeror officersdesignated the Authorityto hearthecomp|aintmaysummarilyadjudgeindirectcontemptanyperson so officials of in guiltyof misbehavior the presence nearthe said hearing to beforethe same or of _refusal the as to obstructor interrupt proceedings beswornortoanswerasawitnessortosubscribeanaffidavitor to required do so.a) by Directcontempt. Decision. and shall be non-litigious Natureof Proceedings. Decision or for of the construction roadsind of otherrequirements the subdivision condominium shall be to the amountforfeited. oaths. Venue . . In case forfeiture the bond is bond oerformance or to provincial city engineer undertake cause or may directthe the ordered. . anybook. other of to PowerIncidental the Hearing.Thecaseshallbe decided of may orderthe revocation the for time the sameis submitted decision.The decision or cancellation.chargeable .In the hearing determining existence any ground and to registration certificate license of and/orrevocation for or grounds the suspension with: shallbe complied the in I sellas provided Sections andt hereof. require production conduct ocularinspections. suspension. ContemPt.14.Suchdecision in as stipulated the bond.correspondence'memorandum. both to Indirectcontempt. of in mentioned Section6 hereof.paper. are deemed b) c) d) SEC. .subpoena shallhavethe powerto administer complaint of the and takedispositions. The personfound guiltyof when lawfully deposition directcontemptunderthissectionsha||bepunishedbyafinenot exceedingfifty(P50.Forthe purpose the hearing. 15.No such hearingshall proceedunless the respondent in against him or is notified writing with a copyof the complaint furnished of of the purpose suchhearing. and characterand wheneverpracticable analogy or in a suppletory convenient. proiect.Title lV PROCEDURE FORREVOCATION OF CERTIFICATE REGISTRATION of for the SEC.

is presented the of to Register Deedsfor registration. SEC. whether not the purchase or by the Office the Register Deeds the province citywherethe property situated. no passageway. joinflyand severally.deedsof sale and othersimilar All instruments relativeto the saleor conveyance the subdivision and condominium of lots priceis paidin full. portion any street. reaflets. in 13 as a ceaseanddesistorderto enjoin suchactor practices.Suchapproval of shall not be granted unlessit is shownthatthe proceeds the mortgage of loanshallbe used for the development the condominium subdivision of or prolect lnd effective measures have been provided ensuresuch utilization.Whenever shallappeartothe Authority it whichconstitutes that any personis engaged aboutto engage any act or practice or in provisions this Decree. with. 17. improvements.a memorandum the effectthat exceptby way of donation favorof a to in city or municipality. may. The buyermay.terevision. sEc' 19.shallbe registered the sellerin units. Register and in the of Deedsshallannotateon the new certificate ti e coveringthe street.. infrastructures otherformsof development or represented promised or in brochures. ciicurar any'otherform or aboutthe subdivision the condominiunr its operations activities or or or muit reflect the realfactsand mustbe presented suchmanner will nottendto mislead deceive in that or thepublic. Mortgages.a.No mortgage any unit or lot shallbe made by the on owneror developer priorwritten without approval the Authority. . of of of or is Whenever subdivision dulyapproved accordance Section hereof. 22 SEC.Advertisements may be madeby the owner that or developer throughnewspaper. however. radio. as amended: provided.upondue notice it issue and hearing provided Section hereof. Advertisements. The owner or developershall be answerable and liable for the facilities.16.passageway of or open space. Ceaseand DesistOrder. Register Deedsshall registerthe same in of the of accordancewith the provisions the Land Registration of Act.pay his installment for the lot or unit direcilyto the mortgagee who in"tt appiy the' paymentsto the corresponding mortgage indebtedness secured the particulirlot or unit beingpaid by for. Registration. if thereis a street. adverlisements othersalespropaganda and by 'shall-form disseminated the owneror developeror his agents and the same part of rhe saies waranties enforceable againstsaid owneror developer. F.view enabring to said buyerto obtaintifleover the lot or unit promptiy after full payment thereof.Failureto compry withthesewarranties shallalsobe punishable accordance tirepenalties in with provided for in this Decree..a . .or of any rule or regulation or will constitute violationof the a of thereunder. 18.contractsto sell. openspacedelineated of or on the plan shall be closedor otherwisedisposedof by the registered owner withoutthe requisite approval provided as underSection of thisDecree.The loan value of each lot or unit to covgredby the mortgage shall be determined the buyerthereof.at his option. of SEC.if any. shall be and notifiedbeforethe releaseof the loan.finalafterthe lapseof 15 daysfromthe dateof executory shallbecome and immediately receipt the Decision.passageway required that or open spacedelineateo a on plan complex subdivision hereafter approved as defined this Decree. plan a in with 4 together with the corresponding owner's duplicate certificate title.

shallchangeor alter sEc. T h e r i g h t s o f t h e b u y e r i n t h e eore n t o f v otherthanthe failureof the owner due his failureto pay the installments for reasons Act by shallbe governed Republic No..1972.In cases subdivision or condominium upon of of unitssold or disposed priorto the effectivity this Decree.Everyowneror developer provide the facilities. SalesPriorto Decree. .r"nt"o in or association..No owneror developer for facilities publicuse and/orother form of the roads. infrastructures in which are offeredand indicated the facilities. in the homeowners' of or wiittenconformity consent the duly organized in of by of absence the laiter. or subdivision condominium approved of yearfromthe dateof the issuance withinone letiersor in any formof advertisement. Time of Completion.and shallconstruct SEC. 21.6552 the to Jeveloper develop project Where the transactionor contractwas entered into prior to the effectivityof to buyershallbe entitled the the on Act Republic No. .open spaces. 22. the legalrate.improvements.20. including water supplyand lighting printedmatters. plans.25. the majority the lot buyers the subdivision. and other forms of development. s E c .6552 August26. Alterationof Plans. project such otherperiodof time as or or for the license the subdivision condominium maybe fixedby the AuthoritY. defaulting of paid refundbased6n the installments afterthe effectivity the law in corlesfonOing in the absenceof any provision the contraclto the contrary' sEc. In the eventa mortgage of at outstanding the timeof the issuance the titleto the buyer. lots of sEc.the owneror developer from withinsix months portion thereof or the corresponding shallredeemthe mortgage such issuancein ordei that the title over any fully paid lot or unit may be securedand herewith' to delivered the buyerin accordance 59 . prospectus. No fees.it shallbe incumbent project to complete or the owner or developerof the subdivision condominium preceding sectionwithintwo in as with his or its obligations provided the compliance or by extended the Authority unless otherwise unless yearsfromthe dateof this Decree 6 Section hereof. i"pr. .Theownerordevelopersha|lde|iverthetitleof those of the lot or unit to the buyeruponfull payment the lot or unit.infrastructures.. in the approvedsubdivisionplan and/or as subdivisiondevelopment contained withoutthe permission of the Authorityand the its advertisements. payment madeby a of sEc. with performance bondis filedin accordance an adequate underthis and to of Failure the owneror developer complywith the obligations punishable undersections38 and a provisions shallconstitute violation the preceding 39 of thisDecree.lssuanceofTit|e.No installment pro or buyerin a subdivision condominium in shallbe forfeited favorof the owneror d€ fromfurthet desists the owneror developer. 2 4 ' F a i | u r e t o P a y | n s t a | | m e n t s . 23.brochures. shall be over the lot or unit is of for collected the issuance suchtitle.except for requireO the registrationol the de6Oof sale in the Registry of Deeds. Non-Forfeiture Payments.

organization of HomeownersAssociation. Access to Public Offices in the Subdivision. . SEC. . or association engaged the business selling in of subdivision and condominium lbts unrts. 30. sEc. visitoriar powers.SEC. throughits dury authorized representative may. . however.No owneror developer shalllevy uponany lot or unitbuyera fee for an alleged community benefit. 34. RealtyTax.corporation. condition any person.the proposed converslon is approved the Authority. and of partnership. Phases of subdivision. Other Charges. administration. . 60 . .. provision . or in contractof sale wherebyany personwaivescompriance wiih any prwilion or tnis Decree of any ruleor regulation or issued thereunder'shall void. . into eachphaseto covernot ressthanten troineciares. by sEc.This Authority. security and sanitation may be collected only by a properly organized homeowners association onlywiththe consent a majority the lot or unitbuyers and of of actually residingin the subdivision condominium or project. on stipulation. .he shallbe liableto the owneror developer of the for suchtax and assessment effective yearfollowing the suchtakingof possession and occupancy. that if the buyer has actually taken possession and occupied lot or unit. _ Any condition. Right of way to pubric Road. rne requirement imposedby this Decreeon the subdivision a whole shall be deemed as imposed eachphase.The registeredowner or developerof the s any other purposeor purposesunless after hearing. Provided. make an examination into the businessaffairs. .27. at any time. Sec' 3'l' Donationof Roadsand open spaces to LocarGovernment. the sEc' 29. Nullity of Waivers.The owner or developerof a subdivision projector condominium projectshall initiatethe organization of a homeowners association amongthe buyersand residents the projeJts the of for purpose promoting protecting of and theirmutual interest and assistin theii community development. coopeiatiue. .For purposes comprying of with the provisions this Decree.Feesto finance services common for comfort.The owner or deveroper a of subdivision withoutaccessto any existing publicroad or streetand such rightof way must be developed and maintained according the requirement the g6vernment to of authorities concerned.the owneror deveroper of may dividetne devebi#erit and sale of the subdivision phases. 33. 32.Realestate andassessment a lot or unitshallbe tax on paidby the owneror developer without recowse the buyerfor as longas the titlehas to not passed the buyer. 9Eq. SEC.No owner or developer shall deny any person free access to any governmentoffice or public establishment located withinthe subdivision whichmay be reached or only by passing through subdivision.26. be sEc. 28.

associations. papers. Administrative Fines.to conduct ocular an of prescribed by and specifications to development said projectconforms the standards of government. caseswherethe owneror in of expense the owneror developer.o0) thousand by be uponconviction. SEc. the to belonging the personor The books. partnerships.The Authority of of for rulesand regulations the effectiveimplementation the provisions this standards aftertheir take effectimmediately shall rulesand regulations Decree. 39. of weeks in any newspaper publication three (3) times a week for tvvoconsecutive general circulation. Decree (P20. or Manager the President.Any personwho shallviolateany of the provisions this to that and/orany ruleor regulation may be issuedpursuant this D€creeshall. Penahies. after such tiake-over. Take-OverDevelopment. which shall be utilizedfor the buyers the installment of development the subdivision. punished a fine of nor morethantwenty that-in case the of pesosand/orimprisonment not morethanten (10)years. 35.The Authoritymay of agencyin the execution or constabulary any lawenforcement the deputize Philippine or rulings decisions.letters. 37. .may take-overor cause projectat the or of and completion the subdivision condominium the development jointlyand severally. sEG. . its finalorders. 61 . . Rules and Regulations. stockholdersor members of any corporation. partnership. shallissuethe necessary SEG.Decree ten finesnot exceeding thousand Authority and of any rule or rejulation thereunder. or cooperatives. . officialauthorized do so shallhave the authority examine the to to under oath the directors. of corporations. of completethe development the Project developerhas refusedor failedto developor for as provided in thisDecree. Provided.and other documents by shall be open to inspection the Authorityor its duly entitiesherein mentioned reoresentatives. association. that The Authoritymay also authorizethe Provincial. officers. paymentsdue on the lots. . shall of who has chargeof the administration the business or Administrator the person andlorthe rulesand regulations ol for responsible anyviolation thisDecree be criminally pursuant promulgated thereto. 38. demand. Suchstandards. The Authoritymay prescribeand impose or of of pesosfor violations the provisions this.000.For this purpose. cooperative otherpersonsassociated connected or or with the businessand to issue subpoenaor subpoenaduces tecum in relation to any investigation mayarisetherefrom.The Authority. authorized SEC.collect and receivefrom the The Authoritymay. Fines shalt be payable to the of with the provisions the Rulesof in enforjeablethroughwrits of execution accordance Court. of sEc.as whether inspection the project determine to the the casemaybe. Deputizationof Law EnforcementAgencies.36. City or MunicipalEngineer.

12th of July.. . President Republic the Philippines of By the President: (sGD. 40. SEC. CLAVE Presidential Executive Assistant oz . SEC. . provided this Decree SEC. Effectivity.nineteen this day hundred seventy-six.rulesand regulations.43.ThisDecree shalltakeeffectuponits approval. or partsthereofinconsistent the provisions this Decreeare herebyrepealed with of or modified accordingly.41.)JACOBOC.The rightsand remedies in shallbe in addition any and all otherrights to and remedies may be available that under the existing laws.executive order. Liability of Controlling Persons. and (SGD. DONEin the Cityof Manila. Other Remedies.Everypersonwho directlyor of or indirectly controls any personliableunderany provision this Decree of any ruleor jointlyand severally with and to the same issuedthereunder regulation shallbe liable personunless controlling personactedin goodfaithand as such controlled the extent did not directlyor indirectlyinducethe act or acts constituting violationor causeof the action.in the yearof our Lord. Repealing Clause.SEC. .42.) FERDINAND MARCOS E.All laws.

andamenities. of the total area of a subdivision be whichwill untimately borneby the the areas.i. 957 is herebyamended 31 sEcTloN 2.".a||eysand s i d e w a | k s . as open and maintained developed must be reserved. TO OWNERS PROVIDE USE PARKSOR RECREATIONAL WHEREAS. SECTION For purposes this Decree' term uses. space shall have' the foliowingstandirds allocatedexclusively use: and playgrounds recreational a. WHEREAS. are subdivision for public (30%) No.. such shallreserve for parks. the of 1.. 63 . Decree 953 at leastthirtypercent pursuant presidential to WHEREAS.. alleys and sidewalksin residential of the beyond commerce men.heatth . functionsand activities authority. F o r s u b d i v i s i o n p r o j e c t s o n e ( 1 ) h e c t a r e o r m o r e . area reserved facilities and othersimilar centers "r"tr"iuury-i5i barangay centers. Housing the namely' National into concentrated oneslngleagency.roads.such open spaces. to DecreeNo.therefore.nif.MARcos. reachof the common WHEREAS. Roads. Section of Presidential readas follows: . WHEREAS.doherebyorderanddecree: meanan "openspace"shall.THEREFoRE.The 31. therein.including.957REQUIRING OECREE 31 SECTION OF PRESIDENTIAL OPENFOR AND RESERVE ALLEYS. roads.. there is a compelling need to create and maintain a healthy by in environment human settlements providingopen spaces. (66 or 9% of grossareafor highdensity socialhousing to 100family lot pergrosshectare)..PresidentofthePhi|ippines' byvirtueoft'hepowersvestedinmebytheConstitution..FERDINANDE. useandare. costof spacefor parksand recreational lots beyondthe price of subdivision tot uuy"rt which therebyincreasethe acquisition mass. Sidewalksand Open Spaces' SECTTON ownerordeve|operofasubdivisionsha||provideadequateroads.NO. DECREE 1216 PRESIDENT]AL AND AMENDING SUBDIVISION "OPENSPACE"IN RESIDENTIAL DEFTNING SUBDIVISION NO.|.Alleys. nospitit. alleys and sidewalksas may be deemedsuitableto enhancethe quality of life of the residents.ptaygrounds. t h eopene r o r m o r e own thirtypercent iso%) ot the grossareafor openspace.SIDEWALKS ROADS. schools.pursuanttoPresidentialDecreeNo'757'governmenteffortsin maximizeresults have been housing. roads. recreational parks. Now."rori.thirtypercent(30%)requiredopenspacecanbereducedtoa|eve| lots and industry'viable the price of the residential within that will make the subdivision and the the meansof the low incomegroupand at the same preserve environmental of rat'r6nal'controlthe land use and properdesignof space through balance ecotogical andfacilities..

as to the alleys. shalltakeeffect immediately. to or sEcrloN 3. Theseareasreserye parks.decrees. .5% of gross area for low-density open markethousing(20 or familylotsand belowpergrosshectare). . executive orders. plansof the subdivision alienable The project shall includetree-planting such parts of the subdivision may be designated the on as by Authority.iect consent the city or municipality with of concerned.No portion the parksand of playgrounds donated thereafter shallbe converted anyotherpurpose purposes. President the philippines of By thePresident: (scD.o. sidewalks and playgrounds shallbe donated the owneror developer the city or municipality by to and it shall be mandatory the localgovernments acceptprovided. 953 are hereby repealed and otherlaws. sections2 and s of presidentiar DecreeNo. thai the parks and playgrounds may be donatedto the Homeowners association the of pro.playgrounds recreational shall be nonfor and use publiclands. 14tb nineteen hundred seventy and seven. institutions rulesand regulations or parts thereof inconsistent with these provisions are also repealed or amended accordingly.Manira. (21 65 7% of grossareafor medium-density economic housing or family lot pergrosshectare).and non-buildable.)FERDTNAND MARCOS E.)JUANC. Upontheircompletion certified by the Authority. (sGD. roads. Done in rhe city of this day of october in the year of our Lord. 3. for to however. TUVERA Presidential Assistant 64 . SECTION ThisDecree 4.

shall mean an area reserved exclusivelyfor parks' and amenities' uses.No. on Section2.D.as amended P. Application for Gertificate of completion. BY OECREE 1216 957.Dce!erg!i-9l. 82-01 Seriesof 1982 NO. promulgatedimplement 31 of P. Sec.i-e9'|tisthepo|icyofthegovernmenttocreateand roads. 957.sidewalks. all shallinclude residential.9s9p.HSRG Administrative OrderNo. RULES NO. and sewerage.and its gutters' alleysand planting Road lots . openSpaces.D. by No. drainage Rulelll FOR OF APPROVAL APPLICATION OF CERTIFICATE COMPLETION section 5.9-qlAppls4!ip-l'TheseRu|essha||app|yon|ytosubdivisionprojects Commission.shall mean a tract Subdivision primarilyfor resident which is partitioned to lhereon. public areasin the project.alleys. by rn environment numanSettlements proViding a maintain healthy therein. Regulatory by andiorticensed the HumanSettlements dulyregistered Section3.thefollowing Pursuant Article Sec. For purposes theseRules: a) b) Commission Regulatory Settlements Commission shallmeanthe Human Project.5 (c)of Executive to 1216. offered the and improvements ir commercial. to hereinafter of Regulations Donations RoadLotsandOpenSpaces. 65 . Title.648.9fEo]Lc. gefinitiol of Terms. and letierof Intentto Donatethe road lots and open spaceio the local Government. to RuleI PROVISIONS GENERAL shall be knownas the subdivision Section 1. These Rulesand Regulations refened as the Rules.and othersimilarfacilities recreational strips. Every registeredowner or the road lots and opensp?ceof the prolEct wno wishesto donate ot developer a subdVision of for withthe Commission Certificate Completion snalt sameto the localGovernment firstapply the by filingin triplicate following: 1) c) ' d) 2) applicationform duly filled up. DECREE ANDREGULATIONS IMPLEMENTING 3I OF PRESIDENTIAL SEC.shall includeroads. OrderNo.AS AMENDED PRESEIDENTIAL rulesare lV. of the to suitable enhance quality lifeof the residents as andsidewalks maybe deemed Rulell OF DEFINITION TERMS of Section 4. and andothercommunity spaces playgrounds' Open space .

Jlfi?fj[nilff"?1"j. Oncethe registered owneror developer securedthe Certificate has of comp{etion hasexecuted Deedof Donation RoadLotsand OpenSpace. Untilsuch time that the Commission shall have adopted a new scheduleof fees.3i'1n13n"3 should the owner-donee wish changeor arterthe use of the _to subdivision. qandOpenSpace. playgrounds and recreational may be donatedto the Homeowners use Association the of subdivision the consent the City/Municipality with of concerned. the he/sireis still deemedresponsibie the for maintenance the subdivision of facilities whichcasea reasonable in amounl the performance of bond shall reservedto guarantee maintenance the road and open the of ThL reserved amount. Riqht of Graetee DonateRoadLots and OpenSDace. AppfSyel.shall totarry be rereased the commission by onlyuponshowing "p""". Rule V MISCELLANEIOUS PROVISIONS Section 11.r:"'i. Procedures.Section 6. to the should the registered owneror deveroper merelysecurea certificate completion of wthout makjng_ correspondilgdeed of donation. by ihe registereo owner or developer proofof a deedof donation of executed fivor of the city'/Municiparty in concerneo. to by arienabre and buirdins rands. it shatt apply and collectthe insfection. -E.t'ir". application the shallbe approved through issuance the the of Certiticate Completion the Commission. tha-t the parks. Eqes.In connection or therewith. Section 9.fees provided for under the implementing of pD 9S7and its related rules faws. and a of he/she shall be deemedrelieved the responsibility maintaining road lots and open spaceof the of of the subdivision notwithstanding refusal City/Municipality the of concerned accept donation. who Section Z. essential lhe saidopenspaceas deterrnined the City/Municipaliiy. 66 . the Commission in coordination the City/Municipality with concerned shallconduct inspection the subdivision. Upon receiptof the application.. an of The inspector(s)shall then prepare his/her findings and/or recommendation the to Commissioner-in-charge willacton thesame. lf the facts statedin the application Certificate Completion for of are foundto be trueand correct. permission the commission *ritt"n conformity open space in the prior from of the duryorganrzeo nomeowners "nJ association.f-fectC. in the absenceof the ratterby the majorityof tne rot buyers or in the subdivision shallbe required provided the required that openspaceshalllikewise allocated be in otherareasof the subdivision. no orstructure . Roadlotsandopenspaces unicipality to the Homeowners or Association as purpose purposes. of by Thereafter. RulelV EFFECTS DONATION ROADLOTS/OPEN OF OF SPACE Section8. registered the owneror developer shallsubmitthe Certificate complefron of issuedby the Commission the City/Municipality to concerned together with his/herDeed of Donation.Any person to who is able to securea Certificate Completion of fromthe Commission snilt navetne riohtto donate the road lols and open space to the city/Municipality provided concerned.

) GESAR MARQUEZ Commissioner (SGD. Separabilitv of provisions declared and void. Secretary ActingCommission o/ . The provisions theserulesare herebydeclared of Section 12.) SALVADOR SOCRATES Commissioner O.) EUFEMIO DACANAY P.) JESUSN. MetroManila.) ARTURO CORONA Commissioner P. in the eventany of such thereby. (sGD. EffeclMy. BORROMEO Commissioner (SGD. Commissioner Attested: (SGD. (sGD.) RAMON CARDENA B. (sGD.) ERNESTO MENOIOLA and Commissioner Officer ChiefExecutive C. C. of general a newspaper Makati. (sGD. CANLAS Commissioner (SGD. Theserulesshalltakeeffect circulation. 26 Promulgated.Clause. August1982. shallnot be affected otherprovisions in after immediately its publication Section13.) ABNERP.the validity all null are and separable.

may be held by a corporation speciaily tormeo -which toiin6lurpo"" (hereinafter knownas the "condominium corporation'. (Rep.ANNEX B THECONOOMINIUM ACT ANACTTO DEFINE CONDOMINIUM.i. Tiiletd tnecommonlr. of """0"i""rv"nnotated or registered undereither 68 . SECTION As usedin thisAct.'.".l. The orovisions this Act of shat appryro propertydividedor to be divided intocondominiums. ii..) in tn" iif ro!* of separate interests shall automaticafly members sharehorders.only ii'thl[ . A condominium an interest. i"rtiri.i]iil. GOVERN FOR AND tTS|NCIDENTS. :ndedthereto..fted in the Register Deedsof the of provinceor city in which the'prop"rtl. "n" sEctoN 4.. a separate interest otheroortions.by co-nvbying iirJr" condominiums thereinbut ress thanthe wholethereof.a and undivided interesr common in direcryor inoirectry."r'oL. "nJ (c) "project" means entireparcer rearproperty the of divided to be divided or in condominiums. including shuctures ali thereon.J ." sEc'|oN 2.. I in adcrition.. the otherwise requires: (a) meansa condominium defined the text preceding as in i!ffir'n'rr" (b) "Unit"meansa ecl intendedfor any type of independentus€ I or more rooms or spaces locaied in one c ts of floors)in a building or buildings *u.i'. No..of in suih legrproperty. to' n?"T[:T. ."n"i'01#l"tenteo in the corresponding certificate tifle of the rand.propertymeans to divide the ownershipthereof or other interest therein.[:fl:rhe enrire projecr excepting units ar separatery (e) "To divide" rear..ff:. Theshort of thisActshatbe "The tite condominium Act.a. areas.unless context 3. in industriar commerciar or buirdinq an . ESTABLISH REQUIREMENTS ITSCREATION..-initr" i".. exctusion ot'oineis.otiiorinium may incrude. The interests condominium be ownership in may property recognized therawof property'in civircoie or any other interestIn real by tne a. in'prJiortion to theappurtenant interest theirrespectiu" inln" common of unit. 'iriii"l]tt".4Z2O) Act sEcrloN 1. be or to th.in property is rear consisting a of separate interest a unit in residentiar."o uno in othercommon areasof the building.*".

plansshallbe appended the deed as integralpartsthereof.7899.Unitregistration a revocation. to applyto suchproperty.thereof. 2.the Land Registrationor cadastral Acts. (Amended R. amongothers. Where title to or the appurtenantinterest in the to areasis to be held by a condominium a common corporation. to (S) The following 1. location approximate and relative (h) Any reasonablerestrictionnot contrary to law. statement thiseffectshallbe included. any.as well as of all registered the of on encumbrance the property. A surveyplan of the land includedin the project. (e) Statement the purposesfor which the buildingor buildingsand each of of as or the unitsare intended restricted to use. had of the sameproperty previously each unit. or public policy ownerto alienateor disposeof his the regarding right of any condominium condominium. of (d) A statement the exactnatureof the interest of acquiredor to be acquiredby the purchaser in lhe separate units and in the @mmon areas of the condominiumproject. the if (c) Description the commonareasand facilities.A. (b) Description the building buildings. morals. registered owners condominiums of the shallinclude registered owner" Theterm"registered provisions thisAct shallcontinue of the of in the project. following: the (a) Description the land on whichthe buildingor buildings of and improvements are to be located. he is otherthan those A certificate the registered of holdersof any lien or executing masterdeed. numberof unitsand theiraccessories. (f) if ownerof the property. of uponregistration an or deedmaybe amended revoked or The enabling master propertyand consentedto by all instrument executedby the registeredowner of the or or holdersof any lienor encumbrance landor building porlion. an enabling or master deed which shall contain. its floor plan of the buildingor buildings A diagrammatic dimensions. of or statingthe numtlerof storeysand basements.that they consentto the registration the deed.unlessa surveyplan beenfiledin saidoffice.as follows) by 69 .

4726is hereby amendedas follors: SECTfON xxx 4. finally.ri:t"fi:'1Ti."f-fiffi::r"ffilnfi: or at-reast n' . foundatids and other commonstructural elements the buildino. xxx sEcrloN 5. of tofrbir areascommonuse.T.ceirings. .:'. The foilowinj ir6 not p". That in a condominiuni pr6. windowsand door thereof. exceptin casesof hereditary succession. That any amendment or revocationalreadydecidedby a simple majorityof ail registerei ownersshall be submittedto the Housinga-nd Land Use Regulitory Boarl and the city/municipal engineer for approvar oero. section 4.icatlons to alt registered owners are done: and provided."The enabling or master de€d may be amended or revoked upon registration of an instrument executed by a simple majofity of the registered owners of the propefi: Provided.t of the unit: bearing walls. of ownership basis: provided.re it can be iegist€r-reo. floors.condominium projectare herdby a corporation. of officeor store or other space therein. Any transferor conveyance a unit or an apartment. transferor *nu"y"n"" no of a unit shallbe validif the concomitant transferoithe appurtenant membership stockhording or in the corporation causethe alien interestin'sucn corporation will to exceedthe limits imposed existing by laws. the provisions of this Act shail continue to apply to Juch property".shall includethe transferor conveyance the of undivided rrcase.Thatwere the commonareasin the s of separateunitsas co_ovvners thereol no Filipino citizens. sEcrloN 6.7899 AN ACT AMENDING SECTION FOURANDSECTION SIXTEEN REPUBLIC OF ACT NUMBERED FOURTHOUSAND SEVENHUNDRED TWENW. columns. roofs.REPUBLIC ACTNO.\Mere the @mmonareasrn a. simple majority shail bL on a per unlt of ownerchip basis and that in the case of mixed us-e. floors.ect exclusively for either residentialor commercialuse. fuilter. last paragraph of Repubric Act No.SIX. OTHERWISE KNOWN "THECONDOMINIUM AS ACT" Be it enacted by the Senate and House of Representatives of the Philippinesin Congressassembled: sEcrloN 1. simple majority shall be on a floor-area. That priorhotif. unress otherwiseexpressryprovidedin the enabring deed or the declarationof restrictions.elevafor equ reftigerationand central air cr pumpsand other centralservicer 70 Flipino citizenscorporation . untir registiation of a re'ocation. the membership shareholdings or in lwever. incidentsof a condominium or master the g"rant are as follows: (a) The boundary the unit grantedare the interiorsurfaces of of the perimeter wa[s.

thereshallbe no iudicial shallremain in sEcTloN 8. and that condominiumonrners holding in 71 . wax.the commonareas are held in commonby the holders units.wires and other utility installations. rightto paint.That a partition commonareas: Provided. ownershallhavethe exclusive Eachcondominium or encumber his condominiumand to have the same appraised to owneris personal him' of independently the othercondominium of rightto sell or dispose ownerhas also the absolute (s) Eachcondominium that requirement the a unlessthe masterdeed contains his condominium property be first offered to the condominiumowners within reasonable periodsof time beforethe same is offeredto outsideparties. showing: to (a) That 3 years afier damageor destruction the projectswhich rendersa part thereofunfit for its use priorthereto. windows doorsbounding and ceilings. sEcTloN 7.an exclusive easementfor the use of the air space encompassed the boundaries of by the unit as it exists at any particulartime and as the unit may lawfullybe altered or reconstructed from time to time.as if the o\ /nersof all the condominiums such projectwere in as @-ownersof all the entire projectin the same proportion their interests the shall be made only upon a however.egress and supportthroughthe areas are common areas in appurtenantto each unit and the c.an action may be broughtby one more such personsfor partitionthereof by in iat6 of the entireproject. it (c) Unlessotherwiseprovided.ommon subjectto sucheasements repaint. Except as providedin the followingsection. Such easement shall be automatically terminated any air spaceupondestruclion the unitas to in of render untenantable. floors. whereverlocated. (c) That the proiect has been in existencein excess of 50 year.conduits.in equalshareonefor eachunit. or one-halfor moreof to (b) That damageor destruction the projecthas rendered and that condominiumowners holding in the units therein untenantable interestin the commonareas are opposedto aggregatemore than 30o/o or of repairor restoration the projects. paperor otherwise his ownunit.exceptthe outletsthereofwhen locatedwithinthe unit(b) There shall pass with the unit. as an appurtenance thereof.the common areas partition thereof' and undivided. that it is obsolete and uneconomic.the proiecthas not been materiai to rebuiltor repairedsubstantialty its statepriorto its damageor destruction. (e) Eachcondominium ownershallhavethe exclusive the refinishand decorate innersurfaceof the walls. (0 pledge rightto mortgage. where severalpersonsown condominium a condominium project. tile. of (d) A non-exclusive easementfor ingress.

by other insurabre risks and for bonding ot ttre meriGd'-ot and . The decraration restrictions of shall provideficrthe management the projectby of anyone.or or or of (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. and tor Olsctraige-oi . quorums.meetingdate.'ano lnsureto and bindall condominium ownersin the projects. casualty.. have beenmet.aggregatemore than 50% in the commonareas are opposedto repair or restoration modeling modernization the project.als.notices. iiability. such liens..s compensation .mayarsoprovide: (a) As to any management body 1. association the condominium of owners.any . for ihe operationof the building. *rporliion. encumbrance levaed againstthe entireprojectof the corn. a management or agent erectedby the ownersor by the board named in the declaration.unlessothenrvise "narr provided' may be enforced by any condominium' owner in the project or by the management bodyof suchproject. 5. utility. prior to the conveyanceof any condominium therein.or -"r"a".. . the land is patented registered if or underthe LandRegistration Cadastral or Acts.or (e) That the conditions such partitionby sale set forth in the declaration for of restrictions duly registeredin accordance with the terms of this Act. and otherrulesgovemingsuch bodyor bodies. ' Fot the powerthereo( incruding powerto enforcethe provisions the of declarations restriciions: of 2' For maintenance_ insuranceporiciesinsuringcondominium of owners againstloss fire.and regar. or that the condominiumowners holding aggregate more than 70olointerest in the common areas are opposedto continuation the condominium of regime afterexpropriation condemnation a material or proportion of thereof. lt shail arsoprovidefor votingmajorities. to which restrictions sball constitutea lien upon each condominium inite pide&s. 4.. The owner of a project shail.supplies and the like needed by the commonareas: For paymentof taxes and specialassessments which would be a lien upon the entire project common areas.of the fofiowingmanagementbodies: a condoriiniu. gardeningand other services benefting the common areas. sEcrloN 9. such decraration restrictions of amongthe otherthings.ny managernent body.on 72 3. register declaration-or a restrictions relating suchproject.The Register Deedsshallenteiand of tn" declaration restrictions of upon the certificaieof tifle coveringthe land includedwithin "nnotate tj5 Proiect. accounting otherprofessionar technicar and aho se. Provisionsfor maintenance. For purchase of mater. workmen. .a boardof govemorsetectedby condominium "n of'vners'.

for (b) The mannerand procedure amendingsuch restrictions. body. anycommon (e)Forthesubordinationofthe|ienssecuringsuchassessmentstootherliens described. condominium ^rfrom the condominiumunit of which it rs an shall not be transferables6parately @asesto own a unit in the proiectin vvhena .-.r . or the declarationof restri of regardless wf corporation .. owns or holds the common areas' he shall coiporation which the condominium corporation' of or ceaseto Oea mbmber stockholder the condominium automatically .Ih1!:l|9]nn' uponadecisionofanarbitrator. of auditof the accounts the management (c) For independent (d)Forreasonab|eassessmentstomeetauthorizedexpenditures'each condominiumunittobeassessedseparate|yforitsshareofsuchexpenses to (unlessothelwiseprovided) its power'sfractionalinterestin in proportion areas.and to such other purposesas of t to the accomplishment said purposes' with I provisioncontraryto or inconsistent master deed. For entry by its officersand agents into any unit when necessaryin for or with the maintenance construction whichsuch body is connection responsible. which said ownersregardless oowershali be bindinguponall of the condominium or of the theyassume obligations the restrictions not' of whether L That Provided. of of The mannerfor delegation its powers.em-6". For a power of attomey to the managementbody to sell the entire prolect for the benefit of all of the owners thereof when partition of the project may be authorizedunder Section I of this 46{. 8. or i stockholder appurtenance. . or eithergenerally specifically I for rrovided in Section and 13 of thisAct' of lect and dissolution the condominium to partitionor dissolutionmay be h right owners to rebuild within a condominium o' percentase damaSe certainperiodor upon specified 9f l:.6. of in theyvote of not lessthana majority interest the ownersis obtained. 7.L: ir . For reconstruction any portion or portions of any clamageto or of destruction the projecl.oruponanyotherreasonableconoltlon' SECTION'10'Wheneverthecommonareastnacondominiumprojectareheld body the rtionshallconstitute management shall be limitedto the sucn a corporation ershipor any other interestin real property :he project.

the projecthas to substantially its statepriorto its damageor not beenrebuiltor repaired or destruction. if a stock corporation. stockholders are of the capitalstockentitledto vote. that morethan 50%of the members the and obsolete percent representing morethan 50 if or corporation non-stock. 74 .or (e) That the conditions such a dissolution forth in the declaration of for set project in which the corporationowns or holds the restrictionsof the @mmonareas. or repairor restoration remodeling modernizing the or or of (d) That the project or material part thereof has been condemned or and that the projectis no longerviable or that the members expropriated morethan 70% interesiin the corporation non-stock. non-stock.the Corporation corporation condominium underRule104of the for an through action dissolution dissolved shallnot be voluntarily Rulesof courtexceptupona showing: (a) That 3 years after damage or destructionto the project in which the owns or holdsthe commonareas. the shareholders are % of the capitalstock entitiesto vote. sEcTloN 13. opposedto of the repairor reconstruction the project. (b) The damageor destruction the projecthas renderedone-halfor moreof to of and the unitsthereinuntenantable that morethan 30% of the members morethan 30 representing or if the corporation. opposedto the project. if holdingin aggregate representing more than TOYo the capitalstockentitled of or the stockholders to vote.the @mmonareasownedor held by the corporation to and bL UVway of liquidation.are opposed to the continuationof the condominiumregime after expropriationor condemnationof a material portion thereof. Such transferor conveyance in of liquidation the interestof such membersor stockholders the corporation After provisionsof this Act goveming undividedconsuch transfer or conveyance.havebeenmet. that it is of and uneconomical.which damageor destruction corporation rendersa materialpart thereofunfitfor its use priorthereto. provisions the corporation to the the of the duration the condominium notwithstanding. if a stockcorporation.if a stockcorporation. rights to subject the superior thereof. contrary for corporation of dissolution a condominium sEcTloN 12. or io in in" cirrpoi"tion the members stockholders shall be deemedto be full ot tne coiporationcreditors. ownership or undivided fullyapply.the projects shall areasin condominium in.sEcTloNll'Thetermofacondominiumcorporationshallbeco-terminous law of project.or (c) That the project has been in existencein excess of 50 years. In caseof involuntary by any of the causesprovided law. Until enablingor the masterdeed of the projectin which the owns or holdsthe commonareas is revoked. transfenedpro-indiviso in proportion their interest inifr. interest the common of.

1995 FIDELV. 2. with. JOSEDEVENECIA. The condominium thereof at a general or special or affirmativevote of all the stockholders members 62 of Thatall the requirements Section meeting dulycalledfor the purpose:Provided. . J. EDGARDO ANGARA of the Senate President JR. that prior notifications to all rd Provided. further. Unlessotherwise in accordancewith the upon voluntary dissolutionof a condominiumcorporation to shallbe deemed holda piovisions Section13 and 14 of thisAct. Section 16 of the same Act is hereby amendedto read as follows: sel|. A condominium areasownedby or heldby it is in of dispose the common leaseor otherwise exchange.it in areasowned or held by leaseor otirerwisedisposeof the_common exchange. EDGARDO TUMANGAN Secretaryof the Senate Approved:FEB. corporation sEcTloN 16." s E c .23. That the condominium Ite the projectwith anotherupon the affirmative r reqisteredowners' subject only to the final sgulatory Board. the corporation of to sell and disposeof their power of attorneyfrom all the membersor stockholders shall be effectedby a of separateinteresti in the projectand liquidation the corporation the whole thereol subjectto the owned saie of the entire projectas if the corporation creditors' condominium and rights the corporation of individual of sell.2042wasfina|typassedbytheHouseofRepresentativesandthesenateon 15. during its existence. vote by project authorized the affirmative of all the stockholders unless thecondominium or memDers' as (Amended R'A' 7899.may also be dissolvedby the corporation SECTION14. follows) by x x x SEC. affirmative vote of a simple project unless authorized by the ine con-Oominium lt's: Provided. February 1995' E. of for SECTION15. A condominiumcorpoitttionsha|t not. 16. Approved. E f f e c t i v i t y . RAMOS Presidentof the PhiliPPines 75 L. CAMILO SABIO General Secretary tati Houseof RePresen ves . 3 .12384andsenateBi|| No. "SEc.T h i s A c t s h a | l t a k e e f f e c t f i f t e e n ( . Speakerof the Houseof Representafives ThisActwhichisaconso|idationofHouseBil|No. | 5 ) d a y sgeneral afterits of compteG publication i'n at least two (2) national newspapers circulation. shall not. duringits existence. Law of the Corporation are complied provided in the declaration restrictions.

for of shailbe and become rien a upon causesa not.such as interesJ. upon payment of the proper fees. where the enabringor master cteed provides that the rancr included withina condominium project to be ownedin common the condominium are ownersthereinthe Registration Deedsmay. An assessment uponany condominium madein accrrdance with a duly registered declaration restrictions of snaitbe an obligation the ownerthereofat of the timethe assessment made.condominium of owneris.s" copy need not rgproduce o\ /nershipstatus or other condominiums the projec{. said .erand annotatethe conveyance the certifcale of title coveringthe land includedwithin the projectand on the transfereeshall be entifledcoveringthe land includedwithin the projJct and the transferee shall be entiiledto the issuance a.n""r -of owners and upon surender of aI their "condominium ..s fees) are penartres. upon registration an instrument of conveying condominium. or sEcilON 19. Any provisions of the Corporation Law to the contrary notwithstanding. condominium proy6ct rocated. The noticeshail state the is amount suchassessment suchotherihargesrhereon .:'copy the of pertinentportionof such certificate tiile. oy the declaration restrictions.at the request by of ail the condominium -".rt. No crnveyance condominiums of bf conveyance thereoffrom the owner of the )anied by a certificateof the rnanagement is in accordance with the provisions the of returna copy of the deed of conveyance I to and stampedby the Register Deedsin the same manneras in of the case of registration of conveyance real properlyundersaid laws.The corporation shallhave2 yearswithinwhichto payfor the shares or furnish a purchaserof its choice from the time of award.a briefdescription condominium of of conveyed. gosts (incruding attorney.i'rro'rizeo of and . the byJaws of a condominiumcorporation shall provide that a stockholders member shall not be entitled to demand payment of his shares or or interestin thosecaseswheresuch right is grantedunderthe Corporation Law unlesshe consents to sell his separate interest in the project to the corporationor to any purchaserof the corporation's choice who shall also buy from the cor@rationthe dissenting memberor stockholder's interest. In cases or disagreement to price..condominium of owner.the as procedure forth in the appropriate set provision the Corporation of Law for vaiuationof shares shallbe allowed..o ot tn" city or provincewheresuch. sEcrloN 18. All exoenses incurredin the liquidation the interestof the dissenting of memberor stockholder shall be bome by him... a the Registerof Deeds shall.ceof assessment be registered to with the negistei ot o.r" owner. ent. as suchmay be provided in the decraration restiictions.s -pi"a. A'copy the in of rhe description land. The amount any suchassessment is of prusany other chafges thereon. nameand'personal circumstances the condominiumowner would be sufficiint for purposes of of the "condominium owner's" copyof the certificate tifle. certiftcates tilleof the property of and issuea new one in the nameof saidcondominium ownersas pro-indiviso co-owners thereoi sEcroN 20.SECTION 17.. description cdndominium ajainsi*ni"n of a of unit ""r" 76 .

as redemption in casesof without the furnished or or 21. Suchexpress Of the in givenby the ownerof any condominium the shallbe deemedto have been consent or or unit. management powerto bid at foreclosure ownershall have the same right of sale. and to .has beenassessed. condominium of SECTION22.provided herein. if any.unless condominium or of performance such laboror furnishing such materials seryices. the Court may decre which portionor portionsof the project shall just owners thereof. of Such lien shall be superior to all other liens registeredsubsequentto the exceptreal propertytax liens and exceptthat registration said noticeof assessment of thereofto any other may providefor the subordination declaration restrictions of the liensandencumbrances.the Registration Deedsshall title. Where. to consented or requested suchotherownerhasexpressly owner. and the respective rights of the remaining owners and the of owner may be entitledto dle deprivation corpensation.the management a release the lien.shall be the of provided in a declaration restrictions for owner' The consentof eaChcondominium with the express or be performed furnished two a lienagainst of the from may ownerof any condominium removehis condominium to lien of the iractionof the totai sum securedby such lien which is attributable his unit.andthebene.if duly authorized the management materials deemedto governing property. of certification the andannotate sameon the pertinent projeclshall be or sEcTloN 24.for the benefit the mayacquire for body. Uponieceiptof a copyof the decree.in an actionf< SECTION the ground that the project or a materi the expropriated.tangiblepersonalpropertyand may disposeof the same by sale condominium orotherwise. that a condominium enter of t i" dropert'. courtfinds that the conditi have not been met. of and ho|d. Laborperformed services repairsof his condominium case of emergency body by furnisnedfor the commonareas. No laborperformed services materials SECTION his @ntractoror owner or his agent or consentof or at the requestof a condominium of be the basis of a lien against the condominium any other shall sub-contractor.declaration plan for a condominium project. Such liens may be enforcedin the same manner providedfor by law for the judicial or extra-judicial foreclosureof mortgagesor real property. Unlessotherwiseprovidedfor by the declaration restrictions. Upon payment of said assessmentand bodyshallcauseto be registered chargesof othersatisfaction thereof.ficialinterestinsuchpersona|propertysha||beownedbythe in interests the common as in owners the sameproportion theirrespective condominium transfereeownershipof the shall transferto the areas. the management owners. A transferof a condominium property' in such personal inte!'est beneficial transferor's 23. and the nameof the registered ownerthereof.and its provisionsshall be liberatlyconstruedto facilitatethe operationof the presumed be independent severable. The condominium judicialor extra-judicial of foreclosure mortgages. Unless otherwise body shall have the of for orovided in the declaration the restrictions. Anydeed. Suchnoticeshallbe signed by an authorizedrepresentative the managementbody or as othenrvise of providedin the declarationof restrictions.

Regardingthe ownership of condominiumunits by foreign investors or multinatronal corporation.SECTION25. 2 11 9 7 3 . own buirding units or (as thereof in condominium)? Apartments? "2.O P t N t o N O .No_ cunent as out 175. The ActingSecretary Trade of Quezon City Sir: This is with reference your reguestfor opinionon the forowing to quesrons regarding foreign Investment landsand/or in buildings: '-1 can foreigninvestors multinationar or corporations . reasbned in opinion.1 8 0 N Series 1973 of RE FOREIGN INVESTMENT LAND IN AND/OR BUILDINGS D e c . can therebe jointrcwnership 60 percentat 40 percent rand of and buirding betweenforeigninvestors and theirFilipino counieioarts?. 5 " Provided..4726whichneeds. purposes real for of property taxation and othertax purposes. Wheneverreal propertyhas been dividedinto condominiums.1966 J . and are SECTION ThisAct shailtakeeffectuponits approval. jtviso ot Section of R. Approved. no transfer conveyance a unitshall or of rppurtenant membership stockholding or in t ansuch corporation exceedthe limits to 78 . supra.il. That where the commonareas in the condominium project are owned by the owners of se )n. D . however. series.A. the owners to thereofand tax on eachsuch condominium constitute liensolely shall a thereon.No. eachcondominium separately ownedshallbe separately assessed. SECTION26' All acts or partsof Acts in conflictor inconsistent with this Act are herebyamendedinsofaras condominiums its incidents con@rned. the same mav be atowed but subjecrto rhe qualifications mentioneJ'. June18. 27.

owned Filipino Please be guided accordingly Verytrulyyours. lands.fourhectaresxxx. H o w e v e r .as they will merely from owningapartment corporations ten for be constructed. c o r p o r a t i o n s o r a s s o c i a t i o n s a t | e a s t 6 0 p e r c e n t oprlvale p i t a | ftheca may own by and stockoi whichis ownedby Filipinos.joinlownershipat60percent-40percentoflan-dsandbui|dings of as feasibte longas the ownership inl r"v be iegally ano investors Fitipinoi.corporat|onsorassociations--whetherofcitizensorofcitizensandaliens. Constitution are of exploitation. Onlycitizens the Philippines.the followingprovisions ArticleXIV of the new pertinent. 3.nor mayanycitizen acquirebypurchaseorhomesteadinexcessoftwenty.thefol|owingconc|usionsmaybemadeyour query: secono both private may as of 1. (SGD) VTCENTE ABADSANTOS of Secretary Justice (J .but mayonlyholdby leaselandsof publicdomatn 4'Astothe. long..A. a periodnot exceeding will leasethe landon whichthe building years. x x may hold alienable or "section10 x x x No privatecorporations association lands of thi: public domain except by lease not to exceed one thousandhectaresin or hectares of holcl suchlandsby leasein excess fivehundred area. of Anent your secondquery. are investors individuals and Filipinos foreign suchlandsbetween 2 . individuals' acquire joint ownership of therecan be no landsand landsof the publicdomain. The disposition. Therefore.No' 4726) aoartments prohibits aliensor foreign sufficeit to state that I am not aware of any law which so buildings. x whichis ownedby suchcitizens. foreign at orLssociJtions least60% of the capitalstockof is the land building UycorpoiatLns -by investors. be limitedto citizensof the shall of of any of the naturalresources the Philippines of of at or or to corporations associations leastsixtyper centum the capital Philipbines. the remainder foreigners.maynotown.noprivate|andshallbe qualified to or corporations associations exceptto individuals. by and citizens onlythe remainder the foreign *ni"n i.of course. exploration. "section 9. or transferred conveyeo " domain of or acquire holdlands thepublic Uponthebasisoftheseprovisions.of corporations As to the ownershipby foreign investorsor multinational Act the of whichdo notfallwithin purview the Condominium (R. sEcT|oN14'saveincasesofhereditarySuccession. utilization development.

1973 The Secretary Tourism of Manila Sir: This has referenceto your request for opinion on the folowing questaons regarding foreign investment condominium the philippines.1 7 s Series 1973 of RE FOREIGN INVESTMENT CONDOMINIUMSTHEPHILIPPINES IN IN Dec.J .12. D . in in a) May 1000/o owned and controlled foreign firms set up condominiums corporations underRA 4726. wourda reasefor a periodof ninety_nine (99) yearsbe allowable? c) wourd a rease of the rand for a period of fifty (50) years renewabre for anotherper'odof fifty (SO)years. You also profound.il the land is leased? b) lf the answerin the afiirmative.O P | N | O N O .be legallytenaOteZ I sharethis raterview of my predecessor office in and r herebyadoptthe same. the case when on corporation whichownsthe landon whichtf whether interests unitsin the condominiun in commonareasthereofmay be transfuredto 80 .

The condominlum does not forbidthe transferto aliensof an interestin a unit Ac{ and the undivided interestin commonareas in a condominium.' to Applyingthe provisoin this sectionto the presentcase.A. (e) the property" the condominium projectspeaksof dividingthe ownership in thereofor other interest therein. Vvhere condominium the project situated. or an apartmentoffice or store or other of in shallinclude transfer conveyance the undivided the interests the spacetherein. or of in common areas or. (Sec. whichownsthe is corporation a Filipinocorporation 2. "condominium corporation" leasedfor a periodnot to exceed10 years. Verytrulyyours. 4726allowsthe transfer an is landon whichthe condominium 'unit"in the saidcondominium. paragraph of section defines'unit purposes (b) for 3 projectintendedfor any type of independent of the Act as "a part of condominium use "and paragraph of the samesectionin defining term 'to dividereal fror ownership. of an "undivided interest" in and in alienof an "interest" a mentionedin the proviso of the commonareas thereof.my conclusionson your queries are as iollows: a which is owned 100%by a foreignfirm may establish 1. in a proper case. however. transferto aliensof units in the projectmay be madeonly up to the point in or transferfor membership stockholding the @ndominium where the concomitant interest in such corporationto exceed 40% of its corporationwould not cause the alien entirecapitalstock. In resume and by way of emphasis. subject to the qualifications section 5 of said Act.and shouldit be case coveredby the second the sentence.) Moreover. the resultwould be so that should it be a case covered by the first sentenceof the proviso. (SGD) VICENTE ABADSANTOS of Justice Secretary 81 .no unit in the more than 40% of the may be transferred aliensor to corporation to condominium capitalstockof which is owned by aliens. Where the project are held by a corporation.tt shouldbe notedthat only a "separateinterest'in a unit and an undividedinterestin the commonareas are what are transferred a matterof a courseto the granteeby virtue of condominium as grant. except in cases of hereditarysuccession. to R.no transfer or @mmon areas in a condominium conveyanceof a unit shall be valid if the concomitanttransfer of the appurtenant ce in in will membership stockholding the corporation be causethe alien interest such or by corporation exceedthe limitsimposed existinglaws.2 and 5. corporations belong to Filipino citizens. the membership shareholdings the or condominium corporation.' But in this connection should be stressedthat section5 of the Act containsa it pertinent prohibition.no condominium thereinshall be conveyedor transferred personsother unit leasesixtypercent the capitalstockwhich or at of then Filipino citizens.A. Provided. Any corporation project land on 4726and set up a condominium underR.that there were the commonareas in the condominiumprojec{are owned by the owners of separateunits as @-owners to thereof.Saidsectionreads: 'Any transferor conveyance a unit.

SALVADOR SOCRATES Commissioner ATTESTED: SGD.EUFEMIO DACANAY P. SGD. this at C.ARTUROC. SGD. and MetroManila.45. CANI. Seriesof 1982.as it is hereby lmplementing ratified adooted. Commissioner N. of the Executive for from the Design Standardsand Guidelines/Requirements residential deviations in in and subdivisions condominiums casesenumerated defined Annex"A' hereto and attached. ERNESTO MENDIOLA Commissioner Chief and Executive Officer CESAR MAROUEZ O. EXECUTIVE OF TO RELATIVE THEIMPLEMENTATION VARIANCE FOR AND REQUIREMENTS STANDARDS THE DESIGN BY HSRCAND SUBDIVISION/CONDOMINIUM RESIDENTIAL CASESFORTHEGRANTOF THESAME OEFINING No. JR.RAMON CARDENAS Commissioner P. it is herebyresolved the grant of varianceto approving Committee this Commission. be ratifiedand adopted. as that Resolution 45. 957.of RESOLVED. 1982. CORONA Commissioner SGD. Commission Secretary 82 . 16April 1982 Makati.RAYMUNDO DIZON.OF THE RESOLUTION RATIFYING THE GRANTOF APPROVING COMMITTEE.53 of Series 1982 NO. pursuant to Section 't4 of the HSRC Revised Rules and Regulations Presidential DecreeNo. Commissioner SGD. RESOLUTION R. R. APPROVED. SGD.S.ANNEXG PROPER COMMISSION NO.JESUS BORROMEO Commissioner ABERP.AS SGDCommissioner B.

in caseswherestrictobservance or to extremehardship the subdivision condominium Such extreme hardship to the owner/developer."A'' ANNEX VARIANCES Basis Concept : : Rulesand Regulations 14 Section of the HSRCRevised provides variances. subdivision/condominium the residential is 2. projects as and c. in cases of large scale governmentresidential prolects. PlannedUnit Development Program. anyof its attached d. Features : 83 . SitesandServices Lipunan development in b. The locationis unique and differentfrom the of locality. in cases of social housingprojectsorientedtowards of groupas defined the Ministry Human by lowincome Settlements. for PD lmplementing 957 for residential Design Standards and Requirements may be modified by the subdivision/condominium Commission in cases as hereby explained and by the Human SettlementsRegulatory implemented Commission.including projects underthe UrbanReform and otheridentified Program. is subdivision or condominiumowner/developer as andexPlained follows: defined 1. or. such as New or subdivision condominium and the Bagong Town. Variances Variancesmay be allowed only under the following conditions: a. The hardship notself-created. and because its uniqueness' adjacent returnon reasonable the ownerscan not obtain a proiects. in casesof resettlement rehabilitation or of programmed the Ministry HumanSettlements by agencies. will hereof cause e. in casesof housing areasfor priority areas blighted or urbanland reformzones.

is located.whetherpartial of or full alteration the plan).particularly radiusthereof. conflictthe use of or not substantially permanently in other residentialsubdivision/condominium the those within one (1) same locality.The proposed variance is due to existing permanent structures (concrete/steel)and are necessary to permit a reasonable use of the subdivision/condominium.e.safetyor generalwelfare. welfareof the with the general and is in keeping community. The variance will not give rise to unauthorized reclassification of the approved residential plan subdivision/condominium (i. The variancewill not alter the essentialcharacter for subdivision wherethe residential of the location and will is whichthe variance sought.and will not adversely affect the publichealth. 84 . kilometer 5. residential 4 .

various groups of real estate developers have brought to . WHEREAS. respectively. of this !.this Board and the with stakeholdersto HUDCC jointly conduct continuing dialogue/consultation housing policies. 699 and 700.220 Rules (lRRs) WHEREAS.S. certifications. WHEREAS.beAPPROVED. of PD WHEREAS. R-699. Diliman.the HLURB Board approvedthe revisedlmplementing and Regulationsfor PD 957 and BP 22O through Res.the of attentionof HUDCC and this Board issues relativeto the implementation the revisedlRRs for PD 957 andBP 22O.among othersthe preparation conceptual plans for subdivisionproiectsfor residentialand other urban uses.pursuantto existinglaws. as well as the rationaland basis of their concerns.and Regulations Commissionpursuanttherel+ the scope of practioeof environmential schemesand site of planningincludes. 45. of 2001. WHEREAS.clearances and permits and imposing sanctions for failure to observethe same. development plannersis requiredto be affixedon and the signatureof licensedenvironmental saidplans. rules and standards in support of recent policy harmonize. Nos. WIIEREFORE. 72s Serieg of 2002 AMENDING THE REVISED IMPLEMENTING RULES DECREE NO.UHEREAS.Kalayaan .in the light of the mandatesof the HLURB. upon thorough review and evaluationof the issues raised by the developers'gioup. pronouncements the administration.and R-700..this Board finds some of their requesb reasonable. Board fully supportsthe iminediateimplementation Executive prescribing time periods for issuance of housing related Order No.957AND AND REGULATIONS FORPRESIDENTIAL BATASPAMBANSA NO.both Series of 2001.as it is hereby RESOLVED.that the following amendments to the revised implementing rules and regulations tor PD 957 and BP 220 approvedby virtue of HLURB ResolutionNos. I i i e4'n Avenue comerMayaman Street.Rc$$lic of ih! Phill0r'in6 Of{iccof thc President Housing and Urban Development Coondinating Council BOARI) HOUSINGANDLAND USEREGULATORY RESOLUTTON 19.Quezon City HLURB Bldg. otherwiseknownas in PlanningProfession the the Practiceof Environmental the Law Regulating the Rules and Regulationspromulgatedby the Professional Philippines.be it RESOLVED. particularly 1308.

725 s of2oo2) Rrr. 2. Density Allocation (No.of lots/Du.225 151 1.. the provision in the lRRs requiring subdivision owner/developerto register as dealer be deleted and that registration as subdivision owner/developer be deemed registration dealer.1 Allocationof Area for Parksand Playgrounds XXX able 1: Parksand ECONOMIC OUSING H Allocation HOUSING SOCIALIZED Oensity Allocation (No.200 6'/n 201 .b. Section 5.O 151.2 Area Allocatedfor CommunityFacilities XXX Table 3: Comm Facilities Allocation SOCIALIZED HOUSING Density Allocation (No.r . Section5.225 7% Above 225 9V. lots/Du.1 b.C.) 150andbelow 3. rules implementing 1. That.b.1.2 b. That. as 3..1. (% of grossarea of oerhectare) for CF--) 150 and below 1..) oer hectare) 150and below 3 .(Page of Board No. 2 .160 151 4Yo 1 6 1.C.5 Vo . (% of grossarea for CF.225 A6oue 225 2.175 161 5% '176.2 0 0 6 0/.the price ceiling provisionin the revised (lRR)for both PD 957 andBP 220 be deletedbut and regulations standardsas prescribedthereinshall remain.of lots/Dut (% of grossarea for PP-.225 7% Above225 9% * Dwelling units " Parksand Playgrounds Rulell.1 7 5 5% 1 7 6.) oer hectare) 'l 50 and below 1.0 Owelling **Community Facilities W.1 6 0 4% ..O E C O N O M IH O U S I N G C Density Allocation (No. That.O .of lots/OU' (% of grossarea per hectare) for PP. 201 . 5% 1 5 1. the allocation of area requirement for parks and playgroundand community facilities prescribedfor economic to housing be amended readas follows: Rulell.5 Above 225 2.

725.No. I I l I T. s. futureprovision that The requirement structurat design consider of loft for socialized housing be deleted.g (Page of BoardRes. socializedhousing Projects. cited amendmentsbe revisedand/orrenumbered City of Quezon APPROVED 16. in the revised 6. That.the two (2) year vatidity of developmentpermit prescribed lRRsbe increasedto three (3) years. 5 .s 19'tl6sy June2002.That. provision planting striP be deleted. 'I/IIGHAEZ DEFENSOR icioCommissioner ROMU and Commissioner ChiefExecutive Officer . I . 1988. of the reviged 7. 10. rulesand regulations. provisionsin the revisedlRRs for both PD 957 and BP all 220 affected and/or in conflicuinconsistentwith the above accordingly.of2oo2) as planting of trees in areasdesignated requiring 4 . That.

DILG Ex-Offi Commissioner cio Commissioner B. R. s ot 2ooz) EDUARDO SOLIMAN. JR.(Pagc4 ot BoaK! rc" run 125. SANTOS Ex-Offi Commissioner cio DPWH Ex-Officio Commissioner . Undersecretary.

Pcir irfruelGfiPo Jcmlm Ittf Rrgdo Atr8t$trA.GEnril Jccltnr R. STANDARD6 ^""ffI.ntfcunicll'woRKING-GxollP ^'- IRR oF iiN TIIERDvIsroN THE AUGUST2OOT TECTINICALWORKING GROIJP ROQI.*i.Ildro Arurollubldo J6e O.ES GRACIAM AI'{G GrouPllerd Tchnlcrl Strfi IvtrrbsrR Fdfurrdo Jenrhltrf.Agurtil Julie A Torrcs Lloyd A" Slson AnbdbF..de Lrre .JEARRIETAMAGNO Chrirmn Doan F. A8ldir DEVEIOPMENT GROTJP AND STANDARDS RI.II.R4udo NemLhR Henrrndcz Angclita A.PR(IIECTOrTHP--* AJOTNT DEVEI'OTMENI^GROTIP RULESANI.

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