Professional Documents
Culture Documents
• "Architect" means a person professionally and academically qualified, registered and licensed
under this Act with a Certificate of Registration the Professional Regulation Commission
• "Architect-of-record" – responsible for the total design of the project for the client; assumes
the civil liability for the plans, specifications and contract documents he/she has signed and
sealed
undertake/perform any service under the general practice of architecture as defined under this
Act, without first executing a written contract/service agreement, shall be guilty of a
misdemeanor
• Penalty
• Fine: Not less than P200,000.00, or;
• Imprisonment: Not exceeding six (6) years
• Both fine and imprisonment
Article IV, Section 33: Ownership of Plans, Specifications and other Contract Documents
• Drawings and specifications and other contract documents duly signed, stamped or
sealed, as instruments of service, are the intellectual property and documents of the
architect, whether the object for which they are made is executed or not. It shall be
unlawful for any person to duplicate or to make copies of said documents for use in the
repetition of and for other projects or buildings, whether executed partly or in whole,
without the written consent of architect or author of said documents. All architects shall
incorporate this provision in all contract documents and other instruments of service.
Article IV, Section 37: Limitation to the Registration of a Firm, Company, Partnership,
Corporation or Association
• A firm, company, partnership, corporation or association may be registered or licensed as such
for the practice of architecture under the following conditions:
• Only Filipino citizens properly registered and licensed as architects may form or obtain
registration as a firm, company, partnership, corporation, or association
• Shall be consisted of at least 75% of registered and licensed architects
• Individual members of such firm, partnership association or corporation shall be
responsible for their individual and collective acts as an entity and as provided by law
• Shall be registered with the Securities and Exchange Commission (SEC) and the Board
of Architecture
Article IV, Section 38: Coverage of Temporary/Special Permits
• Foreign nationals shall secure a special/temporary permit from the Board of Architecture
subject to approval of the Professional Regulation Commission in order to engage in Philippine-
based projects
• The Architecture profession shall be integrated into one (1) national organization as the
integrated and accredited professional organization of architects
• An architect duly registered with the Board shall automatically become member of the
integrated and accredited professional organization of architects
• Republic Act No. 9266: The Architecture Act of 2004. (2004).
https://www.prc.gov.ph/sites/default/files/Architecture%20-%20Board%20Law_0.PDF
Undertaking: financing and construction of an infrastructure facility, and its operation and
maintenance
Legal Title to Facilities: during operation period, the facility belongs to the project proponent,
who then transfers the facility to the government agency or local government unit concerned at
the end
of the fixed term
(d) Build-own-and-operate –
Payment of Fees: collection of tolls, fees, rentals or other charges from facility users
Legal Title to Facilities: ownership of the facility is automatically transferred to the government
agency or local government unit
concerned after the lease period
(f) Build-transfer-and-operate
Undertaking: construction, including financing, of an infrastructure facility, and its operation and
maintenance
Payment of Fees: as provided under the agreement
Legal Title to Facilities: once the facility is commissioned satisfactorily, title is transferred to the
government agency or LGU concerned, with the project proponent assuming cost overrun, delay
and specified performance risks; the private entity, however, operates the facility on be half of
the implementing agency/LGU under an agreement
“(g) Contract-add-and-operate –
Undertaking: addition to an existing infrastructure facility which it is renting from the
government
Payment of Fees: as provided in the agreement
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Legal Title to Facilities: there may or may not be a transfer arrangement in regard to the facility,
but the project proponent operates the expanded project over an agreed franchise period
“(h) Develop-operate-and-transfer –
Undertaking: development of adjoining property is integrated into the agreement for new
infrastructure project which is to be built by a private proponent
Payment of Fees: enjoyment of benefits that the investment
creates such as higher property or rent values
(i) Rehabilitate-operate-and-transfer-
the project proponent and which shall undertake the actual construction and/or supply of
equipment for the project.
“(m) Facility operator - A company registered with the Securities and Exchange
Commission,
which may or may not be the project proponent, and which is responsible for all aspects
of
operation and maintenance of the infrastructure or development facility, including but not
limited to the collection of tolls, fees, rentals or charges from facility users: Provided,
That in
case the facility requires a public utility franchise, the facility operator shall be Filipino or
at
least sixty per centum (60%) owned by Filipino.
“(n) Direct government guarantee - An agreement whereby the government or any of
its agencies
or local government units assume responsibility for the repayment of debt directly
incurred
by the project proponent in implementing the project in case of a loan default.
“(o) Reasonable rate of return on investments and operating and maintenance cost -
The rate of
return that reflects the prevailing cost of capital in the domestic and international
markets:
Provided, That in case of negotiated contracts, such rate of return shall be determined by
ICC of NEDA prior to the negotiation and/or call for proposals: Provided, further, That
for
negotiated contracts for public utility projects which are monopolies, the rate of return on
rate
base shall be determined by existing laws, which in no case shall exceed twelve per
centum
(12%).
“(p) Construction - Refers to new construction, rehabilitation, improvement, expansion,
alteration
and related works and activities including the necessary supply of equipment, materials,
labor and services and related items.”
SECTION 3- Private Initiative in Infrastructure
into contract with any duly pre-qualified project proponent for the financing,
construction, operation and maintenance of any financially viable infrastructure or
development facility through any of the projects authorized in this Act. Said agencies,
when entering into such contracts, are enjoined to solicit the expertise of individuals,
groups, or corporations in the private sector who have extensive experience in
undertaking infrastructure or development projects.”-
“The list of all such national projects must be part of the development programs of the
agencies concerned. The list of projects costing up to Three hundred million pesos
(P300,000,000) shall be submitted to ICC of NEDA for its approval and to the NEDA
Board for projects costing more than Three -hundred million pesos (P300,000,000).
The list of projects submitted to ICC of the NEDA Board shall be acted upon within
thirty (30) working days.
“The list of local projects to be implemented by the local government units concerned
shall be submitted, for confirmation, to the municipal development council for projects
costing up to Twenty million pesos; those costing above Twenty up to Fifty million
pesos, to the provincial development council; those costing up to Fifty million, to the city
development council; above Fifty million up to Two hundred million pesos, to the
regional development councils; and those above Two hundred million pesos, to ICC of
NEDA
- Unsolicited proposals for projects may be accepted by any government agency or local
government unit on a negotiated basis: Provided, That, all the following conditions are
met: (1) such projects involve a new concept or technology and/or are not part of the list
of priority projects, (2) no direct government guarantee, subsidy or equity is required, and
(3) the government agency or local government unit has invited by publication, for three
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Upon approval of the projects mentioned in Section 4 of this Act, the head of the
infrastructure agency or local government unit concerned shall forthwith cause to be
published, once every week for three (3) consecutive weeks, in at least two (2)
newspapers of general circulation and in at least one (1) local newspaper which is
circulated in the region, province, city or municipality in which the project is to be
constructed, a notice inviting all prospective infrastructure or development project
proponents to participate in a competitive public bidding for the projects so approved.
“In all cases, a consortium that participates in a bid must present proof that the members
of the consortium have bound themselves jointly and severally to assume responsibility
for any project. The withdrawal of any member of the consortium prior to the
implementation of the project could be a ground for the cancellation of the
contract.
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“The public bidding must be conducted under a two-envelope/two-stage system: the first
envelope to contain the technical proposal and the second envelope to contain the
financial proposal. The procedures for this system shall be outlined in the implementing
rules and regulations of this Act.
“A copy of each contract involving a project entered into under this Act shall forthwith
be submitted to Congress for its information.”
Direct negotiation shall be resorted to when there is only one complying bidder left as
defined here under:
“(a) If, after advertisement, only one contractor applies for pre-qualification and it meets
the pre-qualification requirements, after which it is required to submit a bid/proposal
which is subsequently found by the agency/local government unit (LGU) to be
complying.
“(b) If, after advertisement, more than one contractor applied for pre-qualification but
only one meets the pre-qualification requirements, after which it submits bid/proposal
which is found by the agency/LGU to be complying.
“(c) If, after pre-qualification of more than one contractor, only one submits a bid which
is found by the agency/LGU to be complying.
“(d) If, after pre-qualification, more than one contractor submit bids but only one is found
by the agency/LGU to be complying: Provided, That any of the disqualified prospective
bidder may appeal the decision of the implementing agency’s/LGU’s Pre-qualification
Bids and Awards Committee within fifteen (15) working days to the head of the agency,
in case of national projects; to the Department of the Interior and Local Government
(DILG), in case of local projects from the date the disqualification was made known to
the disqualified bidder:
Provided, furthermore, That the implementing agency concerned or DILG should act on
the appeal within forty-five (45) working days from receipt thereof.”
For the financing, construction, operation and maintenance of any infrastructure project
undertaken through the Build-Operate-and-Transfer arrangement or any of its variations
pursuant to the provisions of this Act, the project proponent shall be repaid by
authorizing it to charge and collect reasonable tolls , fees, and rentals for the use of the
project facility not exceeding those incorporated in the contract and, where applicable,
the proponent may likewise be repaid in the form of a share in the revenue of the project
or other non-monetary payments, such as , but not limited to, the grant of a portion or
percentage of the reclaimed land, subject to the constitutional requirements with respect
to the ownership of land: Provided, That for negotiated contracts, and for projects which
have been granted a natural monopoly or where the public has no access to alternative
facilities, the appropriate government regulatory bodies, shall approve the tolls, fees,
rentals, and charges based on a reasonable rate of return: Provided, further, That the
imposition and collection of tolls, fees, rentals, and charges shall be for a fixed term as
proposed in the bid and incorporated in the contract but in no case shall this term exceed
fifty(50) years: Provided, furthermore, That the tolls, fees, rentals, and charges maybe
subject to adjustment during the life of the contract, based on a predetermined formula
using official price indices and included in the instructions to bidders and in the contract:
Provided, also, That all tolls, fees, rentals, and charges and adjustments thereof shall take
into account the reasonableness of said rates to the end- uses of private sector-built
infrastructure: Provided, finally, That during the lifetime of the franchise, the project
proponent shall undertake the necessary maintenance and repair of the facility in
accordance with standards prescribed in the bidding documents and in the contract. In the
case of a Build ¬ and-Transfer arrangement, the repayment scheme is to be effected
through amortization payments by the government agency or local government unit
concerned to the project proponent according to the scheme
proposed in the bid and incorporated in the contract.”
In the event that a project is revoked, cancelled or terminated by the Government through
no fault of the project proponent or by mutual agreement, the Government shall
compensate the said project proponent for its actual expenses incurred in the project plus
a reasonable rate of return there on not exceeding that stated in the contract as of the date
of such revocation, cancellation or termination:
Provided, That the interest of the Government in these instances shall be duly insured
with the Government Service Insurance System (GSIS) or any other insurance entity duly
accredited by the office of the Insurance Commissioner: Provided, finally, That
the cost of the insurance coverage shall be included in the terms and conditions of the
bidding referred to above.
“In the event that the government defaults on certain major obligations in the contract and
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- The toll Regulatory Board which was created by Presidential Decree No. 1112 is hereby
attached to the Department of Public Works and Highways with the Secretary of Public
Works and Highways as Chairman.”
Every infrastructure project undertaken under the provisions of this Act shall be in
accordance with the plans, specifications, standards, and costs approved by the concerned
government agency and shall be under the supervision of the said agency or local
government unit in the case of local projects.”
Among other incentives, projects in excess of One billion pesos (P1,000,000,000) shall
be entitled to incentives as provided by the Omnibus Investment Code, upon registration
with the Board of Investments.”
A committee composed of one (1) representative from the Department of Public Works
and Highways (DPWH), the Department of Transportation and Communications
(DOTC), the Department of Energy (DOE), the Department of Environment and National
Resources (DENR), the Department of Agriculture (DA), the Department of Trade and
Industry (DTI), the Department of Finance (DOF), the Department of Interior and Local
Government (DILG), the National Economic and Development Authority (NEDA), the
Coordinating Council of the Philippine Assistance Program (CCPAP), and other
concerned government agencies shall, within sixty (60) days from the effectivity of this
Act, formulate and prescribe, after public hearing and publication as required by law, the
implementing rules and regulations including, among others, the criteria and guidelines
for evaluation of bid proposals, list of financial incentives and arrangements that the
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Government may provide for the project, in order to carry out the provisions of this Act
in the most expeditious manner.
“The Chairman of this committee shall be appointed by the President of the Philippines
from its members.
“From time to time the Committee may conduct, formulate and prescribe after due public
hearing and publication, amendments to the implementing rules and regulations,
consistent with the provisions of this Act.”
“Regional development councils and local government units shall periodically submit to
CCPAP information on the status of said projects.
“At the end of every calendar year, the CCPAP shall report to the President and to
Congress on the progress of all projects implemented under this Act.”
All laws or parts of any law inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
If any provision of this Act is held invalid, the other provisions not affected thereby shall
continue in operation.
This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
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• The primary objective of the code is to establish basic materials quality and
electrical works standards for the safe use of electricity for light, heat, power,
communications, signaling and for other purposes.
• “Practical safeguarding of persons and property from hazards arising from the use
of electricity”.
COMPLIANCE TO THE PEC WILL ENSURE SAFETY AND PREVENT ELECTRICAL FIRES.
▪RA 7920 –is an act providing for more responsive and comprehensive regulation for the
practice, licensing and registration of electrical engineer and electricians.
Government Authorities who implement PEC
1.Office of the Building Official
2.Office of the City Electrician (City Electrical Supervising Engineer)
3.Office of the Municipal Electrician (Municipal Electrical Supervising Engineer)
Philippine Electrical Code Part 1 2017 Edition
▪This code is intended as a design specification or an instruction manual for qualified persons.
Electrical designs must comply with the requirements of Code to ensure safety.
▪Energy management, maintenance, and power quality issues aren’t within the scope for the
Code.
▪Consideration should be given for future expansion of electrical systems but this is not a code
requirement.
ELECTRIC CIRCUITS IN BUILDING
- SERVICES
No. of Service
- A building or other structure served shall be supplied by only one service.
EXCEPTIONS
1. For fire pump where a separate service is required.
2. For emergency electrical system where a separate service is required.
3. Multiple-Occupancy building
4. Capacity Requirements. Two or more services shall be permitted:
a) Where the capacity requirements are in excess of 2,000 amperes at a supply voltage of 600
volts or
less; or
b) Where the load requirements of a single-phase installation are greater than the serving agency
normally supplies through one service; or
5. Building of Large Area ( 10,000 m2 or more Total Area ).
6. For different voltage characteristics, such as for different voltage, frequencies, or phases, or
for different uses, such as for different rate schedules
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ARTICLE I
TITLE AND DEFINITION OF TERMS
SECTION 1. Title. – This Act shall be known as the “New Electrical Engineering Law.”
SEC. 2. Definition of Terms.
ARTICLE II
BOARD OF ELECTRICAL ENGINEERING
SEC. 3. Composition of the Board.
composed of a chairman and two (2) members to be appointed by the President of the
Philippines from among the recommendees of the Commissioner of the Professional Regulations
Commission, hereinafter referred to as the Commissioner
SEC. 4. Powers and Duties of the Board.
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(c) Give false or forged evidence of any kind to the Board or to any member thereof in
obtaining a certificate of registration or professional license;
(f) Use, in connection with his name or otherwise assume, use or advertise any title or
description tending to convey the impression that he is a professional electrical engineer,
registered electrical engineer, or registered master electrician without holding a valid
certificate or a valid license; and
(g) Sign a document involving electrical design, plan, technical specification, valuation
and the like on behalf of a professional electrical engineer.
SEC. 33. Personnel Required.
SEC. 34. Preparation of Plans, Supervision of Installation, Application of the Philippine
Electrical Code.
-It shall be unlawful for any person not authorized under this Act to prepare plans,
electrical valuations or specifications for any electrical wiring, equipment or system; and
no installation thereof shall be undertaken unless the plans, designs, valuations and
specifications have been prepared by or under the responsible charge of, and signed and
sealed by a professional electrical engineer; and a construction permit for the execution .
SEC. 35. Practice Not Allowed for Firms and Corporations.
- The practice of electrical engineering is a professional service admission to which is
based on individual and personal qualifications. Hence, no firm or corporations may be
registered or licensed as such for the practice of electrical engineering.
SEC. 36. Posting of Certificates.
SEC. 37. Certificate of Specialty.
– Certificates of specialty shall be issued by the Board, subject to the approval of the
Commission, to professional electrical engineers who have been screened and
recommended by the integrated and accredited electrical engineering association.
– Republic Act No. 184 and existing provisions of provincial, city or municipal
ordinances or regulations pertaining to examinations for electrical contractors, electrical
inspectors, or electricians, and all other laws, part of laws, orders, ordinances or
regulations in conflict with this Act are hereby repealed or amended accordingly.
SEC. 44. Separability Clause.
-If any part of this Act or the application of such provision or circumstance is declared
unconstitutional, the remainder of this Act or the application of such provision to other
persons or circumstances shall not be affected by such declaration.
SEC. 45. Effectivity Clause.
– This Act shall take effect after thirty (30) days following its full publication in
the Official Gazette or newspaper of general circulation.
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Environmental laws
• Environmental Laws and Regulation RA 8749 (Clean Air Act of 1999)
• RA 9275 (Philippine Clean Water Act)
• PD 1586 (Environmental Impact Statement System)
• RA 6969 (Toxic Substances and Hazardous Waste Control Act)
• RA 9003 (Ecological Solid Waste Management Act)
• RA 9512 (Environmental Education Act of 2008)
PD 1586 (Environmental Impact Statement System)
• ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
- is a PROCESS involving predicting and evaluating the likely impacts of a project on the
environment during construction, commissioning, operation and abandonment.
• Section 4 of PD 1586 provides that no person, partnership or corporation shall undertake
or operate any such declared environmentally critical project (ECP) or area (ECA)
without first securing an Environmental Compliance Certificate (ECC).
Environmental Compliance Certificate (ECC)
• is a document issued by the DENR/EMB after a positive review of an ECC application,
certifying that based on the representations of the proponent, the proposed project or
undertaking has complied with all the requirements of the EIS System and has committed
to implement its approved Environmental Management Plan, EMP to address the
environmental impacts
Content of an ECC
• Proponent's Information
• List of conditions within EMB mandate
• List of recommendation pertaining compliance/ satisfaction to concerned LGUs/
agencies/ stakeholders.
ECC Validity
1. There is no significant project expansion 2. There is no change in technology
3. There is no change in location
4. Project was implemented within five (5) years from the date of issuance
ECC is valid through out the entire project lifetime provided:
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• refers to the document issued by DENR stating that the proposed project is not covered
by the Philippine Environmental Impact Assessment System, therefore, the proponent is
not required to secure an ECC prior to commencement of operation.
• The issuance of this certificate shall not exempt the grantee from compliance with
applicable environmental laws, rules and regulations including permitting requirements
of other government agencies.
Certificate of Non-Coverage
A technical person competent in pollution control and environmental management, performing
the duties and responsibilities in a particular establishment and officially accredited by the
Environmental Management Bureau Regional Office to perform such responsibilities
See DAO 2014-02: Revised Guidelines for Pollution Control Officer Accreditation
Pollution Control Officer
When is a PCO required?
Establishment that discharge solid, liquid or gaseous wastes to the environment or whose
activities, products or services are actual and/or potential sources of land, air, water or air
pollution
Local Government Units Development Authorities Government owned and controlled
corporations, and Other public establishments
PCO not required:
• Ambulant vendors and stall owners as defined under RA 6977 (An act to promote,
develop and assist small and medium enterprises through the creation of the Medium
Enterprise Development Council;
• MRF operated by Barangays that do not handle hazardous wastes
Categorization of PCO
• Chemical Usage
• Hazardous waste generated/handled
• Air emission
• Waste water discharge
• Solid waste generated/handled
• Sludge generated/handled
Depends on the following criteria:
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• It is a list of all existing chemicals & chemical substances used, sold, distributed,
imported, processed, manufactured, stored, exported, treated or transported in the
Philippines.
Pre-Manufacturing & Pre-Importation Notification
• Purpose is to screen harmful substances before they enter the Philippine’s commerce
• Polymer Exemption
Priority Chemical List
• It is a list of existing & new chemicals that DENR has determined to potentially pose
unreasonable risk to public health, workplace & the environment.
Chemical Control Order
• Prohibits, limit, or regulate the use, manufacture, import, export, transport, processing,
storage, possession, and wholesale of those priority chemicals that DENR determined to
be regulated, phased- out, or banned due to the serious risks they pose to public health,
workplace & environment.
• Hg, Pb, CN, PCB, ODS, AS, Cd*, Vinyl Cl*, Benzene*, Chromium*
DAO 2013-22: Revised Procedures and Standards for the Management of Hazardous Wastes
• Classification of Hazardous Wastes (A-M)
• Online Manifest System
• Waste Management:
Proper Storage,
Packaging, Labelling,
Transport and
Treatment
RA 9003:
• Creation of the National Solid Waste Management Commission (NSWMC), the National
Ecology Center (NEC) and the Solid Waste Management Board in every province, city
and municipality in the country.
• Formulation of the National Solid Waste Management Framework; 10-year solid waste
management plans by local government units consistent with the National Solid Waste
Management Framework;
• Establishment of Materials Recovery Facility in every barangay or cluster of barangays;
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Scope:
The provisions of these Rules and Regulations shall apply to the following:
3.1 Public and private buildings and related structures for public use and which shall be
constructed, repaired or renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles which shall include: a. Passenger buses and jeepneys b. Passenger
trains, including those of the Light Rail Transit Authority (LRTA
3.2.2 Public transport vehicles which shall include:
a. Passenger buses and jeepneys
b. b. Passenger trains, including those of the Light Rail Transit Authority (LRTA
c. c. Domestic inter-island vessels d. Domestic aircraft of air carriers
d. 3.2.3 Public Telephones
e. 3.3 Public transport terminals including those of LRTA
f. APPLICATION:
1.Public and private buildings and related structures for public use.
2.Building and related structures to be constructed.
3.Buildings and related structures to be repaired or renovated including those proposed
for a change of occupancy.
4.Streets, highways and transport related structures to be constructed.
5.Existing streets and highways to be repaired and renovated.
6.Transport vehicles for public use Existing Public Transport Vehicles
7.Public Telephones
8.Public Transport Terminals
RULE II - MINIMUM REQUIREMENTS FOR ACCESSIBILITY
Design Criteria: 1. CATEGORIES OF DISABLED PERSONS
1.Impairments requiring confinement to wheelchairs
2.Impairments causing difficulty or insecurity in walking or climbing stairs or requiring the use
of braces, crutches or other artificial supports.
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HANDRAILS
Handrails should be installed at both sides of ramps and stairs and at the outer edges of dropped
curbs. Handrails at dropped curbs should not be installed beyond the width of any crossing so as
not to obstruct pedestrian flow.
HANDRAIL HEIGHT
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Whenever and wherever possible, walkways should have a gradient no more than 1:20 or
5%.
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SIGNAGES 6.1 Directional and informational sign should be located at points conveniently seen
even by a person on a wheelchair and those with visual impairments.
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40
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Provide tactile blocks in the immediate vicinity of crossings as an aid to the blind. The tactile
surface has to be sufficiently high enough to be felt through the sole of the shoe but low enough
not to cause pedestrian to trip, or to effect the mobility of wheelchair users.
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43
PARKING AREAS
Accessible parking spaces should be located as close as possible to building entrances or to
accessible entrances.
Whenever and wherever possible, accessible parking spaces should be perpendicular or to an
angle to the road or circulation aisles
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ACCESSIBLE RAMPS
CHANGES IN LEVEL SHALL REQUIRE A RAMP EXCEPT WHEN SERVED BY A
DROPPED SIDEWALK, CURB RAMP, AN ELEVATOR, OR OTHER MECHANICAL
DEVICE.
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PARKING
ACCESSIBLE PARKING SLOT REQUIREMENT
ACCESSIBLE PARKING SLOT (PLAN)
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SIGNAGES
Symbol of Access The International Symbol of Access shall be composed of a white symbolized
figure of a person in a wheelchair with a square background in UN Blue Color. The symbolized
figure shall always face to the right. Provide directional arrows when the space/area/function
being referred to is facing left.
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SIGNAGES
Directional and information (Audio, Visual, and Tactile) signages shall be located at points that
can be conveniently seen, heard, and felt by all persons with disabilities.
54
S
igns (graphics, text, and Braille) on walls and doors should be installed at a maximum height of
1.50 m from the finish floor to the center of the sign.
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2.1 Curb ramps shall only be allowed when it will not obstruct a sidewalk/walkway or in any
way lessen the width of a sidewalk/walkway or lessen the level/turning area of 1.50 m x 1.50 m.
Curb ramps shall only be allowed if the width of sidewalks/walkways are more than 3.30 m with
a corresponding curb height of 150 mm, otherwise dropped sidewalks shall be used.
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The
gradient along the length of sidewalks/walkways should be kept as level as possible and shall
make use of slip resistant material. Slip resistant materials shall have a Coefficient of Friction of
0.6 for level surfaces and 0.8 for sloping surfaces (ASTM).
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In lengthy or busy sidewalks/walkways, spaces should be provided at some point along the route
so that a wheelchair may pass another or turn around. These spaces should have a minimum clear
dimension of 1.50 m and should be spaced at a maximum distance of 12.00 m between rest stops.
To guide the person with visual impairment, sidewalks/walkways should as much as possible
follow straightforward routes with right angle turns.
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Sidewalk/walkway
headroom should not be less than 2.00 m and preferably higher.
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Crossings
In order to reduce the exposure time to vehicular traffic, all crossings at grade shall:
5.1 Be as perpendicular as possible to the carriageway.
5.2 Be located at the narrowest, most convenient part of the carriageway for mid-block crossings.
5.3 Have a median/island of at least 1.5 m in depth, preferably 200 mm, provided as a pedestrian
refuge, where the width of carriageway to be crossed exceeds 10.0 m or at least 4 lanes.
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1. A
ccessible Entrances
Entrances shall be accessible from arrival and departure points to the interior lobby.
Entrances with vestibules shall be provided with a level area with at least a 1.80 m. depth and a
1.50 m. width.
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Doors
2.1 All doors shall have a minimum clear width of 900 mm.
2.2 Clear openings shall be measured from the face of a fully open door at 90 degrees and the
door jamb.
Doors
2.1 All doors shall have a minimum clear width of 900 mm.
2.2 Clear openings shall be measured from the face of a fully open door at 90 degrees and the
door jamb.
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Doors
Doors along major circulation routes should be provided with kick plates made of durable
materials at a height of 300 mm to 400 mm.
Thresholds
3.1 Thresholds shall be kept to a minimum; whenever necessary, thresholds and sliding door
tracks shall have a maximum height of 1
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Switches
4.1 Manual switches shall be positioned within 920 mm to 1.20 m above the floor
4.2 Manual switches should be located no further than 200 mm from the latch side of the door.
Corridors 5.1 Corridors shall have minimum clear width of 1.20 m to allow for both a wheelchair
user and a Non-PWD to pass.
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A roll-in shower compartment for wheelchair user shall have a dimension of 1500 mm by 1500
mm and should have L-shaped bars. Rising butt hinge should be spiral hinge to close
independently. Curbs for roll-in shower should not be more than 10 mm high and beveled at a
gradient of 1:2 and have color contrasts.
Accessible Bath Tubs shall have: 6.17.1 a rim height of 500mm from the finish floor 6.17.2 a
minimum clear transfer space of 900 mm wide by 1500mm long 6.17.3 two slip resistant grab
bars: 6.17.3.1 L-Type grab bar with the horizontal leg 1200 mm long (minimum) mounted 250
mm from the rim of the bath tub; vertical leg 1200 mm long installed at the shower side of the
bath tub.
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Elevators
Button sizes at elevator control panels shall have a minimum diameter of 20 mm and should have
a maximum depression depth of 1 mm.
Telephones
Public telephones should be equipped with a volume control device.
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Counter
s
80
RA 8981-boa resolutions
RA-8981
AN ACT MODERNIZING THE PROFESSIONAL REGULATION
COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE
NUMBERED TWO HUNDRED AND TWENTY-THREE, ENTITLED "CREATING
THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS
POWERS AND FUNCTIONS," AND FOR OTHER PURPOSES.
Section 1. Title – This Act shall be called the "PRC Modernization Act of 2000.“
Section 2. Statement of Policy – The State recognizes the important role of professionals
in nation building and, towards this end, promotes the sustained development of a
reservoir of professionals whose competence has been determined by honest and credible
licensure examinations and whose standards of professional service and practice are
internationally recognized and considered world-class brought about the regulatory
measures, programs and activities that foster professional growth and advancement.
However, under RA 8981, the PRC still has no power of control and/or supervision over
review centers, organizations, or entities.
The purpose of this bill is to amend RA 8981 to grant additional powers to the PRC.
Under this bill, the PRC shall have the power to license, regulate and supervise review
centers, organizations or entities offering review classes in preparation for examinations
it administers. This bill seeks to amend RA 8981 for the purpose of granting additional
powers to the PRC. Under this bill, the PRC shall have the power to license, regulate and
supervise review centers, organizations, or entities offering review classes in preparation
for examinations it administers. The proposed amendment could minimize, if not stop,
alleged irregularities being perpetrated by some review centers and will limit the number
of review centers which shall meet the requirements prescribed by PRC.
part and lobbied for the passage of legislation and/or implementing rules and regulations
(IRR) important to the profession of architecture e.g. the repeal of the old architecture
law, R.A. No. 545approved in June 1950,as amended by R.A. No. 1581 in June 1956.
• March 2004, HE Pres. Gloria Macapagal-Arroyo signs into law Republic Act (R.A.) No.
9266, otherwise known as The Architecture Act of 2004, capping a sustained effort by
the BoA (renamed the PRBoA under the new law), the APO and the OAAsto repeal R.A.
No. 545, as amended by R.A. No. 1581, with the full assistance and independent
initiatives of the APO(UAP) and the OAAs(PIA and particularly the AAIF, which
spearheaded the effort at the Philippine Senate through Senator Aquilino Q. Pimentel, Jr.,
the acknowledged father of the law); the law took full effect on 10 April 2004;
• December 2004, the PRC approved IRR for RA No. 9266 took effect;
• January 2005, the PRBoA, again with the full assistance and independent initiatives of
the UAP and the AAIF defeat the House Bill proposing that the civil engineers (CEs)
become the prime professional for buildings;
• November 2006, the Chairman (undersigned) and Senior Member (Chua Chiaco) take
their oaths as Members of the incumbent PRBoA; the undersigned immediately made the
PRBoA’s top priority the matter of the full implementation and enforcement of R.A. No.
9266and its derivative regulations as well as the full implementation and enforcement of
architectural provisions under the 2004 Revised IRR of P.D. No. 1096(the 1977
NBCP)by the DPWH, both of which received prior support from the old BoA/previous
PRBoA;
• December 2007, the PRBoA and the PRC administer the first (1st) Foreign Licensure
Examination for Architects (FLEA) in 2 cities of the Kingdom of Saudi Arabia (KSA);
this was later followed by six (6) more FLEAs, including those for the United Arab
Emirates (UAE) and Omanin late 2009; to date, about 650examinees have taken the 8
FLEAs;
• February 2008, the PRBoA launches its website at www.architectureboard.ph, which
presently contains over three hundred (300) distinct documents about the architectural
profession and its practice and regulation in the Philippine and limited international
setting; since visits were first monitored in June 2008, the website has received about
four hundred thousand (400,000) visits as of end-March 2010;the website has only been
recently linked to the PRC website;
• November 2009, the PRBoA filed a Complaint with the Office of the Ombudsman
against senior DPWH officials (former Sec. Ebdane and incumbent Senior Usec Bonoan
and Usec Pacanan), the PICE and Atty. Vicente Foz, publisher of the allegedly
intercalated version of P.D. No. 1096(the 1977 NBCP) supposedly authorized for
publication by the DPWH, which purports that civil engineers can sign and seal
84
architectural documents(the first case filed by the PRBoA Members against fellow
government officials under the new law);
• it is expected that by the June 2010LEA, a record number of takers, possibly reaching
2,000 shall constitute the highest number of examinees on record for the last eight (8)
decades; and
• by end-June 2010, the PRBoA would have filed a second Complaint with the Office of
the Ombudsman against LGU officials for violations of R.A. No. 9266(a first against
LGU officials).
• REPUBLIC ACT NO.9266
AN ACT PROVIDING FOR A MORE RESPONSIVE AND
COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING
AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS “AN ACT
TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE
PHILIPPINES,” AND FOR OTHER PURPOSES
Article ii
PROFESSIONAL REGULATORY BOARD OF ARCHITECURE
SECTION 4. Creation and Composition of the Professional Regulatory Board. - There is hereby
created a Professional Regulatory Board of Architecture, hereinafter referred to as the Board, a
collegial
• body under the supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, to be composed of a chairman
and two (2) members
• appointed by the President of the Philippines from a lists of three (3) recommenders
chosen from a list of five (5) nominees for each position submitted to the Commission by
the integrated and the accredited
• professional organization of architects. The Board shall be organized not later than six (6)
months from the effectivity of this Act.
SECTION 5. Qualifications of Members of the Professional Regulatory Board. - Each member
shall have at the time of his/her appointment, possess the following qualifications:
• (a) be a citizen and resident of the Philippines;
• (b) be a holder of a degree in Bachelor of Science in Architecture conferred by a school,
college or university in the Philippines or abroad that is recognized and/or accredited by
the Commission on Higher Education (CHED);
85
(h) Hear and decide administrative cases involving violations of this Act, its
implementing rules and
• regulations, the Code of Ethical Conduct and Standards of Professional Practice, and for
this purpose,
• to issue subpoena ad test if candum and subpoena duces tecum to secure the appearance
of witnesses and
• the production of documents in connection therewith: Provided, That the decision of the
Board shall, unless appealed to the Commission, become final and executory after fifteen
(15) days from receipt of
• notice of judgment or decision. The decision of the Commission may be appealed to the
Court of Appeals in
• accordance with the procedure under the Rules of Court;
(i) Prescribe guidelines for the Continuing Professional Development (CPD) program in
consultation with the integrated and accredited professional organization of architects:
Provided, That the attendance to said CPD shall not be a mandatory requirement for the
renewal of a professional license;
(j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by
determining and preparing questions which shall be within the scope of the syllabi of the
subject for examination as well as administer, correct and release the results of the
licensure examinations;
(k) Approve, issue, limit or cancel temporary or special permit to practice architecture;
(l) In coordination with the CHED, ensure that all higher educational instruction and
offerings of architecture comply with the policies, standards and requirements of the
course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;
(m) To adopt a program for the full computerization of the licensure examination; and
(n) Discharge such other duties and functions as may be deemed necessary for the
enhancement of the architecture profession and the upgrading, development and growth
of the architecture education. The policies, resolutions, rules and regulations, issued or
promulgated by the Board shall be subject to review and approval of the Commission.
However, the Board's decisions, resolutions or orders rendered in administrative
cases shall be subject to review only if on appeal.
SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
• Support Services. - The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications for examination, and
administrative and other investigative cases conducted by the Board shall be under the
87
custody of the Commission. The Commission shall designate the Secretary of the Board
and shall provide the secretariat and other support services to implement the provisions of
this Act.
SECTION 9. Grounds for Suspension or Removal of Members of the Board. - The President of
the
• Philippines, upon the recommendation of the Commission, after giving the concerned
member an opportunity to defend himself in a proper administrative investigation to be
conducted by the Commission, may suspend or remove any member on the following
grounds:
(a) Neglect of duty or incompetence;
(b) Violation of tolerance of the violation of this Act, or its implementing rules and
regulations or the Code of Ethical Conduct and Standards of Professional Practice;
(c) Final judgment of crimes involving moral turpitude; and
(d) Manipulation or rigging of the architecture licensure examination results, disclosure
of secret and confidential information in the examination questions prior to the conduct
of the said examination or tampering of grades.
SECTION 10. Compensation and Allowances of the Board. - The chairman and members of the
Board shall receive compensation and allowances comparable to that being received by the
chairman and members of existing regulatory Boards under the Commission as provided for in
the General Appropriations Act.
SECTION 11. Annual Report. - The Board shall submit an annual report to the Commission
after the close of each year giving a detailed account of its proceedings during the year and
making such recommendations as it may deem proper.
REFERENCES
https://legacy.senate.gov.ph/lisdata/55574592!.pdf
https://nanopdf.com/download/1279410948-kp10mar30prboa_pdf
https://www.architectureboard.ph/
88
May 2010.
ADAM C ABINALES, F. ASEP
President
Association of Structural Engineers of the
Philippines, 2009-2010
National Structural Code of the Philippines 6th Edition
Volume 1
PREFACE TO THE NS
CP SIXTH EDITION
90
1. Introduction
ASEP recognizes the need for an up-to-date structural code addressing the design and
installation of building structural systems through requirements emphasizing performance. The
new National Structural Code of the Philippines (NSCP) is designed to meet these needs through
various model codes/regulations, generally from the United States, to safeguard the public
health and safety nationwide.
This updated Structural Code establishes minimum requirements for building structural systems
using prescriptive and performance-based provisions. It is founded on broad-based principles
that make possible the use of new materials and new building designs. Also, this code reflects the
updated seismic design practice for earthquake resistant structures.
2. Changes and Developments
In its drive to upgrade and update the NSCP, the ASEP Codes and Standards Committee initially
wanted to adopt the latest editions of American code counterparts. However, for cases where
available local data is limited to support the upgrade, then some provisions and procedures of the
NSCP `
edition were retained.
This NSCP 6th edition is based on the following international codes and references:
a.Uniform Building Code UBC-1997 (adopted for Earthquake Loads)
b.International Building Code IBC-2009 (referenced)
c.American Society of Civil Engineers ASCE7-05 (adopted for Wind Loads)
d.American Concrete Institute ACI318-08M
e.American Institute for Steel Construction AISC-05 with Supplementary Seismic Provisions
f.American Iron and Steel Institute AISI S100–2007
g.Reinforced Masonry Engineering Handbook America
h.Concrete Masonry Handbook, 6th Edition
School buildings of more than one storey, hospitals and designated evacuation
centers are added under the essential facilities category.
a.2
Section 104 – Design Requirements
Deflection of any structural member under the serviceability requirement is
deleted. For concrete and steel materials see Chapter 4 and 5 respectively; new
requirements are added to the design review section.
a.3
Section 105 – Posting and Instrumentation
The provision of installed recording accelerograph is adjusted.
B. Chapter 2 – Minimum Design Loads. The changes made in this code are as follows:
b.1
Section 203 – Combination of Loads
The load factor values on wind loads are adjusted together with the inclusion of rain
loads.
b.2
Section 205 – Live Loads
Additional loads are incorporated in the table for minimum uniform and concentrated loads.
b.3
Section 207 – Wind Loads
Wind load provisions, which were previously based on ASCE7-95, are updated by the
introduction of the Wind Directionality Factor, EIA/TIA-222-G is also referenced for wind loads
on antennas.
Equations for the gust effect factors for both rigid and flexible structures are introduced.
These include the gust effect factor for antennas, transmission and latticed towers,
poles/posts, masts and transmission lines based on ASCE Manual of Practice No.74
(Guidelines for Electrical Transmission Line Structural Loading).
New formulas are also introduced for the natural frequency and damping ratio.
b4.
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C. Chapter 3: Specifications for Excavations and Geomaterials. The revisions made in this
updated code are as follows:
c.1
Provisions pertaining to the conduct and interpretation of foundation investigations for cases
involving liquefiable, expansive or questionable soils are adopted;
c.2
The section on footings is amended to incorporate provisions for differential settlement, design
loads and vibratory loads;
c.3
The section on pile foundations is amended to incorporate new provisions on splicing of concrete
piles; and
c.4
The section on special foundations, slope stabilization and materials of construction are added.
D. Chapter 4: Structural Concrete. The revisions made in this updated code are as follows:
d.1
Section 401 - General Requirements: Design requirements for earthquake-resistant structures are
updated based on ACI 318-08M which mentions the “Seismic Design
Categories (SDCs)” of ASCE/SEI 7-05. However, in the absence of Phivolcs-issued
spectral acceleration maps for all areas in the Philippines, the seismic loading procedures
based on ASCE/SEI 7-05 is adopted as an alternative procedure (see Section 208-11).
93
Therefore, based on the Commentary of ACI 318-08, Seismic Zone 2 (UBC 97) was
adopted in lieu of SDC C (ASCE/SEI 7-05). Similarly, Seismic Zone 4 is adopted in
lieu of SDCs D, E and F; National Structural Code of the Philippines 6th
Edition Volume 1
d.2
Section 403 - Materials: New requirements for headed shear stud reinforcement, headed
deformed bars, and stainless steel bars are given with appropriate references to ASTM standards;
d.3
Section 404 - Durability Requirement: Exposure categories and classes, requirements or
concrete by exposure class are adopted to replace the many tables of durability requirements in
Section 404, making it easier to clearly specify the intended application;
d4.
Section 405 - Concrete Quality, Mixing, and Placing: The use of three 100 mm x 200 mm
cylinders is adopted as equivalent to the use of two 150 mm x 300 mm cylinders for determining
concrete compressive strength. Due to concern that material properties may change with time, a
12-month limit is set on historical data used to qualify mixture proportions and flexural test
performance criteria are added to qualify the use of steel fiber - reinforced concrete as a
replacement for minimum shear reinforcement;
d.5
Section 407 - Details of Reinforcement: To avoid the misconception that there is no minus
tolerance on cover values given in the code, “minimum cover” is replaced with “specified cover”
throughout Section 407; Class B lap splices are now required for structural integrity
reinforcement; continuous top and bottom structural integrity reinforcement are required to pass
through the column core; and requirements for transverse reinforcement confining structural
integrity reinforcement in perimeter beams are clarified;
d.6
Section 408 - Analysis and Design - General Considerations: Provisions are modified to allow
redistribution of positive moments; and a simple modeling procedure for evaluation of lateral
displacements is added;
Section 409 - Strength and Serviceability Requirements: Strength reduction factors for
compression-controlled sections (other structural members) is reduced from 0.70 to 0.65, and
shear and torsion for shear walls and frames in Seismic Zone 4 is reduced from 0.85 to 0.75,
bearing on concrete (except for post-tensioning anchorage zones) is reduced from 0.70 to 0.65.
Strength reduction factors for strut-and-tie models, flexural sections in pretensioned members,
are also added;
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d.8
Section 410 - Flexure and Axial Loads: The section on slenderness effects is reorganized to
recognize computer analysis techniques as the primary method of evaluating second-order
effects;
d.9
Section 411 - Shear and Torsion: Code requirements are added to permit the use of headed stud
assemblies as shear reinforcement for slabs and footings. The nominal shear strength is permitted
to be larger for headed stud assemblies than for other forms of slab and footing shear
reinforcement; more stringent limits are placed on the depths of beams that are exempted from
the requirement for minimum shear reinforcement; a new limit on the depth of hollow core units
for which minimum shear reinforcement could be waived is established; steel fiber-reinforced
concrete is added as an alternative to minimum shear reinforcement; and the upper limit on shear
friction strength is significantly increased for monolithically placed concrete and concrete placed
against intentionally roughened concrete;
E. Chapter 5: Structural Steel. The revisions made in this updated code are as follows:
e.1
Adopted is an integrated treatment of the Allowable Stress Design (ASD) and the Load and
Resistance Factor Design (LRFD) such that the earlier Specification that treated only the ASD
method is retained;
e.2
In lieu of the previous method of analysis, a new method (Direct Analysis Method) is adopted;
and
e.3
The cold formed steel design for building systems and structural members are included.
The chapter on steel design from NSCP 2001 which covered Allowable Working Stress Design
(ASD) is
fully updated to address usage, advances in the state of knowledge, and changes in design
practice.
F. Chapter 6: Wood
f.1
The provisions in this chapter are refined to incorporate local practices and corrections in the
previous version of the code (NSCP 2001). Referrals are made to the NSCP 2010 Vol. III on
Housing for relevant provisions concerning single-family dwellings / low-cost housing;
f.2
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Tables from the previous version of NSCP 2001 including the Table containing specie design
information are amended to incorporate the latest updated information/ list of wood species as
provided by the Forest Products Research and Development Institute (FPRDI);
f.3
A provision that limit the use of wood shear walls and diaphragms is added; and
f.4
A section for Machine Graded Lumber (MGL) is included.
g.Chapter 7: Masonry
g.1
The provisions in this chapter are refined to include local practices and corrections from the
previous version of the code (NSCP 2001); referrals are made to the NSCP 2010 Vol. III on
Housing for relevant provisions concerning single-family dwellings / low-cost housing;
g.2
Recycled aggregates are defined and provided;
g.3
A section for Seismic Design is added; and
g.4
Additional sections each for Masonry Fireplaces and Masonry Chimneys are included.
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Fire Alarm - Any visual or audible signal produced by a device or system to warn the
occupants of the building or fire fighting elements of the presence or danger of fire to
enable them to undertake immediate action to save life and property and to suppress the
fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or
partitions.
Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an
electrical system.
Overloading - The use of one or more electrical appliances or devices which draw or
consume electrical current beyond the designed capacity of the existing electrical system.
Owner - The person who holds the legal right of possession or title to a building or real
property.
Oxidizing Material - A material that readily yields oxygen in quantities sufficient to
stimulate or support combustion.
Self-closing Doors - Automatic closing doors that are designed to confine smoke and heat
and delay the spread of fire.
Sprinkler System - An integrated network of hydraulically designed piping installed in a
building, structure or area with outlets arranged in a systematic pattern which
automatically discharges water when activated by heat or combustion products from a
fire.
Standpipe System - A system of vertical pipes in a building to which fire hoses can be
attached on each floor, including a system by which water is made available to the outlets
as needed.
Vestibule - A passage hall or antechamber between the outer doors and the interior parts
of a house or building.
SECTION 4. Applicability of the Code.
The provisions of the Fire Code shall apply to all persons and all private and public
buildings, facilities or structures erected or constructed before and after its effectivity.
SECTION 5. Responsibility for the Enforcement of this Code.
-This Code shall be administered and enforced by the Bureau of Fire Protection (BFP),
under the direct supervision and control of the Chief of the Bureau of Fire Protection,
through the hierarchy of organization as provided for in Chapter VI of Republic Act No.
6975. With the approval of the Secretary of the Department of the Interior and Local
Government (DILG), the Chief, BFP, is hereby authorized to:
98
i. Where conditions exist and are deemed hazardous to life and property, to order the
owner/occupant of any building or structure to summarily abate such hazardous
conditions;
j. Require the building owner/occupant to submit plans and specifications, and other
pertinent documents of said building to ensure compliance with applicable codes and
standards; and
k. Issue a written notice to the owner and/or contractor to stop work on portion of any
work due to absence, or in violation of approved plans and specifications, permit and/or
clearance or certification as approved by the Chief, BFP or his/her duly authorized
representative.
SECTION 6. Technical Staff.
- The Chief, BFP shall constitute a technical staff of highly qualified persons who are
knowledgeable on fire prevention, fire safety, and fire suppression.
SECTION 7. Inspections, Safety Measures, Fire Safety, Constructions and Protective
and/or Warning Systems.
- As may be defined and provided in the rules and regulations, owners, administrators or
occupants of buildings, structures and their premises or facilities and other responsible
persons shall be required to comply with the following, as may be appropriate:
a) Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP
or his duly authorized representative as prerequisite to the grants of permits and/or
licenses by local governments and other government agencies concerned, for the:
(1) Use or occupancy of buildings, structures, facilities or their premises including the
installation or fire protection and fire safety equipment, and electrical system in any
building structure or facility; and
(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and
other hazardous materials;
b) Safety Measures for Hazardous Materials - Fire safety measures shall be required for
the manufacture, storage, handling and/or use of hazardous materials involving:
(1) cellulose nitrate plastic of any kind;
(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;
(4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
100
(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the
certification, or submitting a report that the building or structure complies with the
standards set by this Code, its implementing rules or regulations or other pertinent laws
when the same is contrary to fact;
(4) Issuance or renewal of occupancy or business permit without the fire safety
inspection certificate issued by the Chief, BFP or his/her duly authorized representative;
(5) Failure to cancel the occupancy or business permit after the owner, administrator,
occupant or other person responsible for the condition of the building, structure and other
premises failed to comply with the notice/order for compliance with the standards set by
this Code, its implementing rules and regulations and other pertinent laws, within the
specified period;
(6) Failure to abate a public nuisance within fifteen (15) days after the owner,
administrator, occupant or other responsible person failed to abate the same within the
period contained in the notice to abate;
(7) Abusing his/her authority in the performance of his/her duty through acts of
corruption and other unethical practices; or
(8) Other willful impropriety or gross negligence in the performance of his/her duty as
provided in this Act or its implementing rules and regulations.
b) Punitive — In case of willful violation involving the abovementioned acts or
omissions enumerated under Section 11 subparagraph 2(A), the public officer/employee
shall, upon conviction, be punished by imprisonment of not less than six (6) months nor
more than six (6) years, or by a fine of not more than One hundred thousand pesos
(P100,000.00) or both such fine and imprisonment: Provided, That where the violation is
attended by injury, loss of life and/or property, the violator shall be proceeded against
under the applicable provisions of the Revised Penal Code.
SECTION 12. Appropriation and Sources of Income. -
a. To support the manpower; infrastructure and equipment needs of the fire service of the
BFP, such amount as may be necessary to attain the objectives of the Fire Code shall be
appropriated and included in the annual appropriation of the BFP.
b. To partially provide for the funding of the fire service the following taxes and fees
which shall accrue to the general fund of the National Government, are hereby imposed:
(1) Fees to be charged for the issuance of certificates, permits and licenses as provided
for in Section 7 (a) hereof;
(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or
structures to be erected, from the owner thereof, but not to exceed Fifty thousand
(P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and
105
the balance, after final inspection and prior to the issuance of the use and occupancy
permit;
(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or
structures annually payable upon payment of the real estate tax, except on structures used
as single family dwellings;
(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale
of fire, earthquake and explosion hazard insurance collected by companies, persons or
agents licensed to sell such insurances in the Philippines;
(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire
fighting equipment, appliances or devices, including hazard detection and warning
systems; and
(6) Two per centum (2%) of the service fees received from fire, earthquake, and
explosion hazard reinsurance surveys and post loss service of insurance adjustment
companies doing business in the Philippines directly through agents.
SECTION 13. Collection of Taxes, Fees and Fines.
- All taxes, fees and fines provided in this Code shall be collected by the BFP: Provided,
That twenty percent (20%) of all such collections shall be set aside and retained for use
by the city or municipal government concerned, which shall appropriate the same
exclusively for the use of the operation and maintenance of its local fire station, including
the construction and repair of fire station: Provided, further, That the remaining eighty
(80%) shall be remitted to the National Treasury under a trust fund assigned for the
modernization of the BFP.
SECTION 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of
fire code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the
approval of the DILG, prescribe the procedural rules for such purpose.
SECTION 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The
collection and assessment of taxes, fees and fines as prescribed in the Local Government
Code, except those contained in this Code, shall be the function of the concerned local
government units.
SECTION 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The
Chief, BFP is authorized, subject to the approval of the Secretary of the Interior and
Local Government, to use the income generated under the Fire Code for procurement of
fire protection and fire fighting investigation, rescue, paramedics, supplies and materials,
and related technical services necessary for the fire service and the improvement of
facilities of the Bureau of Fire Protection and abatement of fire hazards.
106
The BFP shall determine the optimal number of equipment, including, but not limited to,
fire trucks and fire hydrants, required by every local government unit for the proper
delivery of fire protection services in its jurisdiction.
In the procurement of firefighting and investigation supplies and materials, the Bureau of
Product Standards of the Department of Trade and Industry shall evaluate, determine and
certify if the supply so procured conforms to the product standards fixed by the BFP. For
this purpose, the BFP shall submit to the Bureau of Product Standards a detailed set of
product standards that must be complied with in the procurement of fire fighting and
investigation supplies and materials within six (6) months from the effectivity of this Act.
SECTION 13-D. Monitoring the Implementation of the Fire Code and the Amount of the
Fees Collected. - The Chief, BFP shall, within six (6) months from the effectivity of this
Code, submit to the Secretary of the Interior and Local Government for his/her approval,
a management tool or mechanism that would ensure effective monitoring of the
enforcement of the Fire Code to include the amount of Fire Code fees collected.
SECTION 14. Within sixty (60) days from the effectivity of this Act, the Secretary of
the Interior and Local Government shall issue the rules and regulations for its effective
implementation.
SECTION 15. Presidential Decree No. 1185 is hereby repealed. All laws, presidential
decrees, letters of instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act, are hereby repealed or amended as the case may be.
SECTION 16. In case any provision of this Act or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
SECTION 17. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) national newspapers of general circulation.
107
108
Principle No. 14 - No substance which will clog the pipes, produce explosive mixtures, destroy
the pipes or their joints or interfere unduly with the sewage-disposal process shall be allowed to
enter the building drainage system.
Principle No. 15 - Proper protection shall be provided to prevent contamination of food, water,
sterile goods and similar materials by backflow of sewage. When necessary, the fixture, device
or appliance shall be connected indirectly with the building drainage system.
Principle No. 16 - No water closet shall be located in a room or compartment which is not
properly lighted and ventilated.
Principle No. 17 - If water closets or other plumbing fixtures are installed in buildings where
there is no sewer within a reasonable distance, suitable provision shall be made for disposing of
the building sewage by some accepted method of sewage treatment and disposal, such as a septic
tank.
Principle No. 18 - Where a plumbing drainage system may be subject to backflow of sewage,
suitable provision shall be made to prevent its overflow in the building.
Principle No. 19 - Plumbing systems shall be maintained in serviceable condition by Registered
Master Plumbers.
Principle No. 20 - All plumbing fixtures shall be installed properly spaced, to be accessible for
their intended use.
Principle No. 11 - Plumbing shall be installed by Registered Master Plumbers with due regard to
the preservation of the strength of structural members and the prevention of damage to walls and
other surfaces through fixture usage.
Principle No. 22 - Sewage or other waste from a plumbing system which may be deleterious to
surface or sub-surface waters shall not be discharged into the ground or into any waterway,
unless first rendered innocuous through subjection to some acceptable form of treatment.
General Regulations
Sections 301- DISPOSAL OF WASTEWATERS
It shall be unlawful for any person to cause, suffer or permit the disposal of sewage,
human excrement or other waste waters except by means of a approved Excreta and
Storm Drainage Systems
Section 302 - GRADE OF HORIZONTAL DRAINAGE PIPING
Horizontal drainage pipes shall be run in practical alignments and at a uniform slope
between manholes of not less than 20 mm/m or 2% toward the point of disposal,
provided that, where it is impracticable to obtain a 2% slope due to the following
constraints in:
( l) excessive depth of the proposed drainage line;
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SECTION 1. Title. — This Act shall be known as the "Intellectual Property Code of the
Philippines."
SECTION 2. Declaration of State Policy. — The State recognizes that an effective intellectual
and industrial property system is vital to the development of domestic and creative activity,
facilitates transfer of technology, attracts foreign investments, and ensures market access for our
products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and creations, particularly when beneficial to the
people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the promotion of national development
and progress and the common good. It is also the policy of the State to streamline administrative
procedures of registering patents, trademarks, and copyright, to liberalize the registration on the
transfer of technology, and to enhance the enforcement of intellectual property rights in the
Philippines.
SECTION 3. International Conventions and Reciprocity. — Any person who is a national or
who is domiciled or has a real and effective industrial establishment in a country which is a party
to any convention, treaty or agreement relating to intellectual property rights or the repression of
unfair competition, to which the Philippines is also a party, or extends reciprocal rights to
nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give
effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to
which any owner of an intellectual property right is otherwise entitled by this Act.
SECTION 4. Definitions. —
4.1. The term "intellectual property rights" consists of:
a. Copyright and Related Rights;
b. Trademarks and Service Marks;
c. Geographic Indications;
d. Industrial Designs;
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e. Patents;
f. Layout-Designs (Topographies) of Integrated Circuits; and
g. Protection of Undisclosed Information (n, TRIPS).
4.2. The term "technology transfer arrangements" refers to contracts or agreements involving the
transfer of systematic knowledge for the manufacture of a product, the application of a process,
or rendering of a service including management contracts; and the transfer, assignment, or
licensing of all forms of intellectual property rights, including licensing of computer software
except computer software developed for mass market.
4.3. The term "Office" refers to the Intellectual Property Office created by this Act.
4.4. The term "IPO Gazette" refers to the gazette published by the Office under this Act.
normal circle of a family and that family's closest social acquaintances are or can be present,
irrespective of whether they are or can be present at the same place and at the same time, or at
different places and/or at different times, and where the performance can be perceived without
the need for communication within the meaning of Subsection 171.3; 171.7. "Published works"
means works, which, with the consent of the authors, are made available to the public by wire or
wireless means in such a way that members of the public may access these works from a place
and time individually chosen by them: Provided, That availability of such copies has been such,
as to satisfy the reasonable requirements of the public, having regard to the nature of the work;
171.8. "Rental" is the transfer of the possession of the original or a copy of a work or a sound
recording for a limited period of time, for profitmaking purposes; 171.9. "Reproduction" is the
making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41
(E), P.D. No. 49 a); 171.10.A "work of applied art" is an artistic creation with utilitarian
functions or incorporated in a useful article, whether made by hand or produced on an industrial
scale; 171.11.A "work of the Government of the Philippines" is a work created by an officer or
employee of the Philippine Government or any of its subdivisions and instrumentalities,
including government-owned or controlled corporations as a part of his regularly prescribed
official duties. CHAPTER II Original Works SECTION 172. Literary and Artistic Works. —
172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual
creations in the literary and artistic domain protected from the moment of their creation and shall
include in particular: a. Books, pamphlets, articles and other writings; b. Periodicals and
newspapers; c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or
not reduced in writing or other material form; d. Letters; e. Dramatic or dramatico-musical
compositions; choreographic works or entertainment in dumb shows; f. Musical compositions,
with or without words; g. Works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art; models or designs for works of art; h. Original ornamental
designs or models for articles of manufacture, whether or not registrable as an industrial design,
and other works of applied art; i. Illustrations, maps, plans, sketches, charts and three-
dimensional works relative to geography, topography, architecture or science; j. Drawings or
plastic works of a scientific or technical character; k. Photographic works including works
produced by a process analogous to photography; lantern slides; l. Audiovisual works and
cinematographic works and works produced by a process analogous to cinematography or any
process for making audio-visual recordings; m. Pictorial illustrations and advertisements; n.
Computer programs; and o. Other literary, scholarly, scientific and artistic works. 172.2. Works
are protected by the sole fact of their creation, irrespective of their mode or form of expression,
as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) cda
171.6. "Public performance", in the case of a work other than an audiovisual work, is the
recitation, playing, dancing, acting or otherwise performing the work, either directly or by means
of any device or process; in the case of an audiovisual work, the showing of its images in
sequence and the making of the sounds accompanying it audible; and, in the case of a sound
recording, making the recorded sounds audible at a place or at places where persons outside the
normal circle of a family and that family's closest social acquaintances are or can be present,
irrespective of whether they are or can be present at the same place and at the same time, or at
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different places and/or at different times, and where the performance can be perceived without
the need for communication within the meaning of Subsection 171.3;
171.7. "Published works" means works, which, with the consent of the authors, are made
available to the public by wire or wireless means in such a way that members of the public may
access these works from a place and time individually chosen by them: Provided, The
availability of such copies has been such, as to satisfy the reasonable requirements of the public,
having regard to the nature of the work;
171.8. "Rental" is the transfer of the possession of the original or a copy of a work or a sound
recording for a limited period of time, for profitmaking purposes;
171.9. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in
any manner or form (Sec. 41 (E), P.D. No. 49 a);
171.10. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in
a useful article, whether made by hand or produced on an industrial scale;
171.11. A "work of the Government of the Philippines" is a work created by an officer or
employee of the Philippine Government or any of its subdivisions and instrumentalities,
including government-owned or controlled corporations as a part of his regularly prescribed
official duties. CHAPTER II Original Works
172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of
expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a)
commissioned the work shall have ownership of the work, but the copyright thereto shall remain
with the creator, unless there is a written stipulation to the contrary;
178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of
the scenario, the composer of the music, the film director, and the author of the work so adapted.
However, subject to contrary or other stipulations among the creators, the producer shall exercise
the copyright to an extent required for the exhibition of the work in any manner, except for the
right to collect performing license fees for the performance of musical compositions, with or
without words, which are incorporated into the work; and
178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of
Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a)
Provided, That such recording must be deleted within a reasonable period after they were
first broadcast: Provided, further, That such recording may not be made from audiovisual
works which are part of the general cinema repertoire of feature films except for brief excerpts
of the work;
g. The making of ephemeral recordings by a broadcasting organization by means of its
own facilities and for use in its own broadcast;
h. The use made of a work by or under the direction or control of the Government, by the
National Library or by educational, scientific or professional institutions where such use
is in the public interest and is compatible with fair use;
i. The public performance or the communication to the public of a work, in a place where
no admission fee is charged in respect of such public performance or communication, by a
club or institution for charitable or educational purpose only, whose aim is not profit
making, subject to such other limitations as may be provided in the Regulations; (n)
j. Public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process:
Provided, That either the work has been published, or, that the original or the copy displayed
has been sold, given away or otherwise transferred to another person by the author or his
successor in title; and
k. Any use made of a work for the purpose of any judicial proceedings or for the giving
of professional advice by a legal practitioner.
184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be
used in a manner which does not conflict with the normal exploitation of the work and does not
unreasonably prejudice the right holder's legitimate interests.
c. The amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and
d. The effect of the use upon the potential market for or value of the copyrighted work.
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such
finding is made upon consideration of all the above factors.
SECTION 186. Work of Architecture. — Copyright in a work of architecture shall include the
right to control the erection of any building which reproduces the whole or a substantial part of
the work either in its original form or in any form recognizably derived from the original:
Provided, That the copyright in any such work shall not include the right to control the
reconstruction or rehabilitation in the same style as the original of a building to which that
copyright relates.
e. Such other terms and conditions, including the payment of moral and exemplary
damages, which the court may deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of acquittal in a criminal case.
216.2. In an infringement action, the court shall also have the power to order the seizure and
impounding of any article which may serve as evidence in the court proceedings. (Sec. 28, P.D.
No. 49a)
217.2. In determining the number of years of imprisonment and the amount of fine, the court
shall consider the value of the infringing materials that the defendant has produced or
manufactured and the damage that the copyright owner has suffered by reason of the
infringement.
217.3. Any person who at the time when copyright subsists in a work has in his possession an
article which he knows, or ought to know, to be an infringing copy of the work for the purpose
of:
a. Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the
article;
b. Distributing the article for purpose of trade, or for any other purpose to an extent that
will prejudice the rights of the copyright owner in the work; or
c. Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on
conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)
121
design and systems, modular systems and components among others. The parameters used in
formulating these Design Standards are:
A. Protection and safety of life, limb, property and general public welfare.
B. Basic needs of human settlements, enumerated in descending order as follows:
1. Water
2. Movement and circulation
3. Storm drainage
4. Solid and liquid waste disposal
5. Park/playground
6. Power The provision of these basic needs shall be based on the actual setting
within which the project site is located.
C. Affordability levels of target market Affordable cost - refers to the most reasonable
price of land and shelter based on the needs and financial capability of Program
Beneficiaries and Appropriate Financing Schemes (RA 7279)
D. Location
Both economic and socialized housing projects shall be located within suitable site for
housing and outside potential hazard prone and protection areas.
3. Physical Suitability. A potential site must have characteristics assuring healthful, safe
and environmentally sound community life. It shall be stable enough to accommodate
foundation load without excessive site works. Critical areas (e.g., areas subject to flooding,
land slides and stress) must be avoided.
4. Accessibility The site must be served by a road that is readily accessible to public
transportation lines. Said access road shall conform to the standards set herein of these
Rules to accommodate expected demand caused by the development of the area. In no case
shall a subdivision project be approved without necessary access road/right-of-way constructed
either by the developer or the Local Government Unit.
B. Planning Considerations
1. Area Planning. Project design should consider not only the reduction of cost of development
to a minimum but also the provision for possible future improvement or expansion, as
in the prescription of lot sizes, right-of-way of roads, open space, allocation of areas for
common uses and facilities. Land allocation and alignment of the various utilities (roads,
drainage, power and water) of the subdivision shall be integrated with those of existing
networks as well as projects outside the boundaries of the project site, e.g. access roads set forth
herein and should follow the standard specifications of the Department of Public Works and
Highways (DPWH).
2. Site Preservation/Alteration
a. Slope The finished grade shall have a desired slope to allow rain water to be channeled
into street drains. Where cut and fill is necessary, an appropriate grade shall be attained to
prevent any depression in the area. Grading and ditching shall be executed in a manner
that will prevent erosion or flooding of adjoining properties.
b. Preservation of Site Assets Suitable trees with a caliper diameter of 200 milimeters or
more, shrubs and desirable ground cover shall be preserved. Where a good quality top soil
exists in the site, it shall not be removed and shall be preserved for finishing grades of yards,
playgrounds, parks and garden area.
c. Ground Cover Grass, shrubs, plants and other landscaping materials used for ground
cover shall be of variety appropriate for its intended use and location. They shall be so planted
as to allow complete and permanent cover of the area.
3. Easements. Subdivision projects shall observe and conform to the provisions of easements as
may be required by:
a. Chapter IV, Section 51 of the Water Code of the Philippines on water bodies
b. National Power Corporation (NPC) on transmission lines
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c. Fault traces as identified by PHIVOLCS per Resolution No. 515, series of 1992
d. Right-of-way of other public companies and other entities.
e. For projects abutting national roads (primary roads) adequate easement shall be
provided for road including loading and unloading as may be required by national/local
government units.
f. Other related laws
4. Circulation
a. Depending on the classification of roads adjacent to the subdivision and the size of the
project site, road network should result into a hierarchy of functions and should define
and serve the subdivisions as one integrated unit.
b. Roads complemented with pathwalk within the subdivision must be so aligned to
facilitate movement within and in linking the subdivision to the nearest major
transportation route and adjacent property. Whenever there is/are existing roads within the
project site which shall be made part of the subdivision, these shall be improved in
accordance with the standards set forth herein.
c. Streets should conform to the contours of the land as much as practicable.
d. Provisions of major street extension for future connection to adjoining developed
and/or underdeveloped properties shall be mandatory and integrated or aligned with existing
ones, if any.
e. Streets shall be so laid out to minimize critical intersections such as blind corners,
skew junctions, etc.
f. Roads shall conform with civil work design criteria as per Section 10.B.3 of this rules
and sound engineering practices.
C. Design Parameters
1. Land Allocation
a. Saleable Areas. There shall be no fixed ratio between the saleable portion and non-
saleable portion of a subdivision project.
b. Non-saleable Areas. Non-saleable areas shall conform with the minimum requirements
for open space comprising those allotted for circulation system, community facilities and
parks and playgrounds.
b.1 Allocation of Area for Parks and Playgrounds Area allocated for parks and
playgrounds shall be mandatory for projects 1 hectare or above and
shall be strategically located within the subdivision project.
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Allocated areas for parks and playgrounds shall be non-alienable and non-
buildable for community hall but buildable for basketball court. It shall be
exclusive of those areas allocated for community facilities and shall vary according to
the density of lots and/or dwelling units in the subdivision, whichever is
applicable.
b.2 Area Allocated for Community Facilities. Mandatory provision of area for
neighborhood multi-purpose center both for economic and
socialized housing projects with a gross area of 1 hectare and above. These
areas are non-saleable. However, the developer may provide for areas for
community facilities such as schools and convenience/retail centers in
excess of the requirement set forth in this Rule which shall be deemed saleable. The use
of the said area shall be indicated in the plan and annotated in the title
thereto.
b.3 Circulation System. The area allocated for circulation system shall not be
fixed, if the prescribed dimension and requirements for access (both for project
site and dwelling units) specified in these Rules are complied with. Land
circulation system shall comply with the pertinent requirements of BP 344
otherwise known as the Accessibility Law. Below are the planning
considerations to be observed for circulation layout:
a. Observance of the hierarchy of roads within the subdivision.
b. Conformance to natural topography.
c. Consideration for access and safety, e.g., adequate radius, minimum number of
roads at intersections, moderate slope/grade, adequate sight distance, no blind
corners, etc.
d. Optimization as to number of lots to lessen area for roads, at the same time
enhances community interaction.
2. Building Design Standards (Applicable for both Economic and Socialized Housing)
a. Space Standards Spaces within the dwelling structures shall be distributed in an
economical, efficient and practical manner so as to afford the maximum living comfort 24 and
convenience and to insure health and safety among the occupants. It shall provide complete
living facilities for one family including provisions for living, sleeping, laundry, cooking,
eating, bathing and toilet facilities.