REPUBLIC ACT NO.
9514 (Fire Code of the Philippines of 2008)  Fire Door - A fire resistive door prescribed for openings in fire
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE
PHILIPPINES,
REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER
PURPOSES
SECTION 1. This Act shall be known as the “Fire Code of the Philippines of
2008”.
SECTION 2. It is the policy of the State to:
 Ensure public safety.
 Promote economic development through the prevention and
suppression of all kinds, of destructive fires.
 Promote the professionalization of the fire service as a
profession.
State must enforce laws, rules, and regulations to ensure safety and
accountability in the fire protection and prevention service.
SECTION 3. Definition of Terms. ‑ As used in this Fire Code, the
following words and phrases shall mean and be construed as
indicated:
 Abatement - Any act that would remove or neutralize a fire
hazard.
 Administrator - Any person who acts as agent of the owner and
manages the use of a building for him.
 Blasting Agent - Any material or mixture consisting of a fuel and
oxidizer used to set off explosives.
 Cellulose Nitrate or Nitro Cellulose - A highly combustible and
explosive compound produced by the reaction of nitric acid with
a cellulose material.
 Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance,
materials or compound having cellulose nitrate (nitro cellulose)
as base.
 Combustible Flammable or Inflammable - Descriptive of
materials that are easily set on fire.
 Combustible Fiber - Any readily ignitable and free burning fiber
such as cotton, rags, straws, materials commonly used in
commerce.
 Combustible Liquid - Any liquid having a flash point at or above
37.8°C (100 °F).
 Corrosive Liquid - Any liquid which causes fire when in contact
with organic matter or with certain chemicals.
 Curtain Board - A vertical panel of non-combustible or fire
resistive materials attached to and extending below the bottom
chord of the roof trusses, to divide the underside of the roof into
separate compartments so that heat and smoke will be directed
upwards to a roof vent.
 Cryogenic - Any material which a result of its reaction with other
elements produces a rapid drop in temperature of the immediate
surroundings.
 Damper - A normally open device installed inside air duct
system which automatically closes to restrict the passage of
smoke or fire.
 Distillation - Raising temperature to separate volatile from less
volatile parts, cooling and condensing to produce purified
substance.
 Duct System - A continuous passageway for the transmission of
air.
 Dust - A finely powdered substance which, when mixed with air
in the proper proportion and ignited will cause an explosion.
 Electrical Arc - An extremely hot luminous bridge formed by
passage of an electric current across a space between two
conductors or terminals due to the incandescence of the
conducting vapor.
 Ember - A hot piece or lump that remains after a material has
partially burned and is still oxidizing without the manifestation of
flames.
 Finishes - Materials used as final coating of a surface for
ornamental or protective purposes.
 Fire - The active principle of burning, characterized by the heat
and light of combustion.
 Fire Trap - A building unsafe in case of fire because it will burn
easily or because it lacks adequate exits or fire escapes.
 Fire Alarm - Any visual or audible signal produced by a device
or system used to alert occupants of a building or firefighting
elements of the danger of fire, enabling immediate action to
save lives and property.
separation walls or partitions.
 Fire Hazard - Any condition or act which increases in the
probability of the occurrence of fire, or which may obstruct, delay,
hinder or interfere with firefighting operations and the
safeguarding of life and property.
 Fire Lane - The portion of a roadway or public way that should
be always kept opened and unobstructed for the expedient
operation of firefighting units.
 Fire Protective and Fire Safety Device - Any device intended for
the protection of buildings or persons to include, but not limited
to, built-in protection system.
 Fire Safety Constructions - Design and installation of walls,
barriers, doors, windows, vents, and means of egress to
minimize danger to life or panic before evacuation.
 Flash Point - The minimum temperature at which any material
gives off vapor in sufficient concentration to form an ignitable
mixture with air.
 Forcing - A process where a piece of metal is heated prior to
changing its shape or dimensions.
 Fulminate - A kind of stable explosive compound which
explodes by percussion.
 Hazardous Operation/Process - Any act of manufacturing,
fabrication, conversion, etc., that uses or produces materials
which are likely to cause fires or explosions.
 Horizontal Exit - Passageway from one building to another or
through or around a wall in approximately the same floor level.
 Hose Box - A box or cabinet where fire hoses, valves and other
equipment are stored and arranged for firefighting.
 Hose Reel - A cylindrical device turning on an axis around which
a fire hose is wound and connected.
o Hypergolic Fuel - Liquid propellant which consist of
combinations of fuels and oxidizers which ignite spontaneously
on contact with each other.
o Industrial Baking and Drying - The industrial process in which
heat is used to remove solvents or moisture from materials and
fuse salts to form a uniform glazing on the surface of the
materials.
o Jumper - A piece of metal or an electrical conductor used to
bypass a safety device in an electrical system.
o Occupancy - The purpose for which a building or portion
intended to be used.
o Occupant - Any person occupying and using a building or
portions by virtue of a lease contract with the owner or
administrator or by permission or sufferance of the latter.
o Organic Peroxide - An oxidizing organic compound can cause
fire when exposed to combustible materials especially under
high temperatures.
 Overloading - 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.
 Pressurized or Forced Draft Burning Equipment - Burners must
be subjected to pressure before discharge into combustion
chamber.
 Public Assembly Building - Any building or structure where fifty
(50) or more people congregate, gather, or assemble for any
purpose.
 Public Way - Any street, alley or other strip of land unobstructed
from the ground to the sky, deeded, dedicated or otherwise
permanently appropriated for public use.
 Pyrophoric - Descriptive of any substance that ignites
spontaneously when exposed to air.
 Refining - A process where impurities and/or deleterious
materials are removed from a mixture to produce a pure element
or compound. It shall also refer to partial distillation and
electrolysis.
 Self-closing Doors - Automatic closing doors that are designed
to confine smoke and heat and delay the spread of fire.
 Smelting - Melting or fusing of metallic ores or compounds so as
to separate impurities from pure metals.
 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.
 Vertical Shaft - An enclosed vertical space of passage that
extends from floor to floor, as well as from the base to the top of
the building.
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

SECTION 4. Applicability of the Code.
work on portion of any work due to absence, or in violation of
approved plans and specifications, permit and/or clearance or
The provisions of the Fire Code shall apply to all persons and all private
certification as approved by the Chief, BFP or his/her duly
and public buildings, facilities or structures erected or constructed before
authorized representative. The notice shall state the nature of
and after its effectivity.
the violation and no work shall be continued on that portion until
the violation had been corrected.

SECTION 5. Responsibility for the Enforcement of this Code.

SECTION 6. Technical Staff.

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:
a. Issue implementing rules and regulations, and prescribe
standards, schedules fees/fire service charges and
administrative penalties therefor as provided in the pertinent
provisions of this Code.
b. Reorganize the BFP as may be necessary and appropriate.
The Chief, BFP shall constitute a technical staff of highly
qualified persons who are knowledgeable on fire prevention, fire safety, and
fire suppression. They may be drawn not only from the organic members of
the BFP and other government offices and agencies, but also from other
sources in the latter case, they will either be appointed into the service or
hired as consultants in accordance with law. The technical staff will
research, review, and assess the most recent fire technology standards
and developments; prepare plans and programs for fire safety, prevention,
and suppression; and assess how well they are implemented. They will
also develop programs for the professionalization of the fire service, work
with appropriate public and private institutions to offer college courses in
fire technology and fire protection engineering, suggest changes to the Fire
Code, and advise the appropriate parties.

SECTION 7. Inspections, Safety Measures, Fire Safety,

c. Support and assist fire volunteers, practitioners and fire Constructions and Protective and/or Warning Systems.
volunteer organizations in the country who shall undergo
mandatory fire suppression, inspection, rescue, emergency
medical services and related emergency response trainings and As may be defined and provided in the rules and regulations,
competency evaluations to be conducted by the BFP. In the owners, administrators or occupants of buildings, structures and their
case of the fire practitioners, they shall undergo mandatory premises or facilities and other responsible persons shall be required to
continuous professional education and competency evaluation comply with the following, as may be appropriate:
of their expertise, knowledge, and skills in the area of fire
science, engineering and technology to be conducted by the
a) Inspection Requirement - A fire safety inspection shall be
BFP.
conducted by the Chief, BFP or his duly authorized
representative as prerequisite to the grants of permits and/or
d. Enter into long term agreement, either through public biddings licenses by local governments and other government agencies
or negotiations in accordance with the provisions of Republic Act concerned, for the:
No. 9184, otherwise known as the Government Procurement
Reform Act of 2003, for the acquisition of fire prevention, fire
(1) Use or occupancy of buildings, structures,
protection and firefighting investigation, rescue, paramedics,
facilities or their premises including the installation or
hazardous material handling equipment, supplies, materials and
fire protection and fire safety equipment, and
related technical services necessary for the fire service.
electrical system in any building structure or facility;
and
e. Enter into Memoranda of Agreement with other departments,
bureaus, agencies, offices and corporations of the government,
(2) Storage, handling and/or use of explosives or of
as well as private institutions, in order to define areas of
combustible, flammable, toxic and other hazardous
cooperation and coordination and delineate responsibility on fire
materials;
prevention education, fire safety, fire prevention, fire
suppression and other matters of common concern;
b) Safety Measures for Hazardous Materials - Fire safety
measures shall be required for the manufacture, storage,
f. Call on the police, other law enforcement agencies, and local
handling and/or use of hazardous materials involving:
government assistance to render necessary assistance in the
enforcement of this Code;
(1) cellulose nitrate plastic of any kind.
g. Designate a fire safety inspector through his/her duly
authorized representative, who shall conduct an inspection of (2) combustible fibers.
every building or structure within his area of responsibility at
least once a year and every time the owner, administrator or
occupant shall renew his/her business permit or permit to (3) cellular materials such as foam, rubber, sponge
operate; rubber and plastic foam.

h. Inspect at reasonable time, any building, structure, installation (4) flammable and combustible liquids or gases of
or premises for dangerous or hazardous conditions or materials any classification.
as set forth in this Code, provided that in case of single family
dwelling, an inspection must be upon the consent of the (5) flammable paints, varnishes, stains, and organic
occupant or upon lawful order from the proper court. The Chief, coatings.
BFP or his/her duly authorized representative shall order the
owner/occupant to remove hazardous materials and/or stop
hazardous operation/process in accordance with the standards (6) high-piled or widely spread combustible stock.
set by this Code or its implementing rules or regulations or other
pertinent laws;
(7) metallic magnesium in any form.
 (8) corrosive liquids, oxidizing materials, organic
peroxide, nitromethane, ammonium nitrate, or any
amount of highly toxic, pyrophoric, hypergolic, or
cryogenic materials or poisonous gases as well as
material compounds which when exposed to heat or
flame become a fire conductor, or generate excessive
smoke or toxic gases;
(9) blasting agents, explosives and special industrial
explosive materials, blasting caps, black powder,
liquid nitro-glycerine, dynamite, nitro cellulose,
fulminates of any kind, and plastic explosives
containing ammonium salt or chlorate;
(10) firework materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by-products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo
spontaneous combustion;
(17) any other substance with potential to cause harm to persons, property
or the environment because of one or more of the following:
a) The chemical properties of the substance;
b) The physical properties of the substance;
c) The biological properties of the substance. Without limiting the definition
of hazardous material, all dangerous goods, combustible liquids and
chemicals are hazardous materials.
c) Safety Measures for Hazardous Operation/Processes - Fire safety
measures shall be required for the following hazardous
operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in
the rules and regulations.
d) Provision on Fire Safety Construction, Protective and Warning
System - Owners, occupants or administrator or buildings,
structures and their premises or facilities, except such other
buildings or structures as may be exempted in the rules and
regulations to be promulgated under Section 5 hereof, shall
incorporate and provide therein fire safety construction,
protective and warning system, and shall develop and
implement fire safety programs, to wit:
(1) Fire protection features such as sprinkler systems,
hose boxes, hose reels or standpipe systems and
other fire fighting equipment;
(2) Fire alarm systems;
(3) Fire walls to separate adjoining buildings, or
warehouses and storage areas from other
occupancies in the same building;
(4) Provisions for confining the fire at its source such
as fire resistive floors and walls extending up to the
next floor slab or roof, curtain boards and other fire
containing or stopping components;
(5) Termination of all exits in an area affording safe
passage to a public way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other
means of egress sealed from smoke and heat;
(7) A fire exit plan for each floor of the building
showing the routes from each other room to
appropriate exits, displayed prominently on the door
of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized air-conditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision
for emergency lights to adequately illuminate exit
ways in case of power failure.
SECTION 8. Prohibited Acts.
The following are declared as prohibited act and omission:
a. Obstructing or blocking the exit ways or across to buildings
clearly marked for fire safety purposes, such as but not limited to
aisles in interior rooms, any part of stairways, hallways, corridors,
vestibules, balconies or bridges leading to a stairway or exit of
any kind, or tolerating or allowing said violations;
b. Constructing gates, entrances and walkways to building
components and yards, and temporary or permanent structures
on public ways, which obstruct the orderly and easy passage of
fire fighting vehicles and equipment;
c. Prevention, interference or obstruction of any operation of the
fire service, or of duly organized and authorized fire brigades;
d. Obstructing designated fire lanes or access to fire hydrants;
e. Overcrowding or admission of persons beyond the authorized
capacity in movie houses, theaters, coliseums, auditoriums or
other public assembly buildings, except in other assembly areas
on the ground floor with open sides or open doors sufficient to
provide safe exits;
f. Locking fire exits during period when people are inside the
building;
g. Prevention or obstruction of the automatic closure of fire
doors or smoke partitions or dampers;
h. Use of fire protective or fire fighting equipment of the fire
service other than for fire fighting except in other emergencies
where their use are justified;
i. Giving false or malicious fire alarms;
j. Smoking in prohibited areas as may be determined by fire
service, or throwing of cigars, cigarettes, burning objects in
places which may start or cause fire;
k. Abandoning or leaving a building or structure by the occupant
or owner without appropriate safety measures;
SECTION 9. Violations, Penalties and Abatement of Fire Hazards.
The BFP and its Authorized representative, in writing that a violation of this
code, rules and regulations is being committed, shall issue a notice/order to
comply with the owner, manager for condition of the building stating among
other things, which must be within ten to 15 days after receiving the
notice/order, depending on the reasonableness to adequately comply with
both.
SECTION 10.
if the administrator has not paid the government the costs incurred in
summary abatement within 90 days from the completion of such abatement,
the structure may be sold at public auction in accordance with existing laws
and regulations.
SECTION 11. Penalties.
1. Against the private individual:
a) Administrative fine ‑ whoever violates any provision of the fire code and
regulation promulgated under this law may be punished with an
administrative fine not exceeding fifty thousand pesos (50, 000.00) or in the
right case, of operations or by closing such building and their premises or
possibilities that do not comply with the requirements of such administrative
fine
2. Against the public officer/employee
a) Administrative – he following actions shall be punished by reprimand,
suspension or dismissal of employees who do not comply with the fire code
at the discretion of the disciplinary authority, depending on the gravity of the
offense and without prejudice to the provisions of other applicable laws:
(1) Unjustified failure of the public officer/employee to conduct inspection of
buildings or structures at least once a year;
(2) Deliberate failure to put up a sign in front of the building or structure
within his/her area of responsibility found to be violating this Code, its
implementing rules and regulations and other pertinent laws, that the same
is a “FIRE HAZARD” or a “FIRE TRAP”;
(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. In order to support the people and the building that the accumulated fund
goes to the infrastructure and equipment needs of the BFP fire service, the
amount that may be needed to achieve the objectives of the Fire Code shall
be adjusted and included in the annual appropriation of the BFP.
b. To partially provide for the financing of the fire service the following taxes
and fees to be collected from the proceeds of penalties any may can be
used to purchase materials at BFB. general fund of the National
Government, is levied on:
Section 13- Collection Taxes, Fees, and Fines.
All taxes, fees and fines provided in this Code, shall be collected by the
BFP.
Sec.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.
Sec.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 function of the concerned local government units.
Sec.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 for
procurement of fire protection.
Sec.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 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.
BATAS PAMBANSA Blg. 220
An Act Authorizing the Ministry of Human Settlements to Establish
and Promulgate Different Levels of Standards and Technical
Requirements for Economic and Socialized Housing Projects in Urban
and Rural Areas from Those Provided Under Presidential Decrees
Numbered Nine Hundred Fifty-Seven, Twelve Hundred Sixteen, Ten
Hundred Ninety-Six and Eleven Hundred Eighty-Five
Section 1. It is hereby declared a policy of the Government to promote and
encourage the development of economic and socialized housing projects,
primarily by the private sector, in order to make available adequate
economic and socialized housing units for average and low-income earners
in urban and rural areas.
Section 2. As used in this Act, economic and socialized housing refers to
housing units which are within the affordability level of the average and low-
income earners which is thirty percent (30%) of the gross family income as
determined by the National Economic and Development Authority from time
to time. It shall also refer to the government-initiated sites and services
development and construction of economic and socialized housing projects
in depressed areas.
Section 3. To carry out the foregoing policy, the Ministry of Human
Settlements is authorized to establish and promulgate different levels of
standards and technical requirements for the development of economic and
socialized housing projects and economic and socialized housing units in
urban and rural areas from those provided in Presidential Decree
Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision
and Condominium Buyers’ Protective Decree," Presidential Decree
Numbered Twelve hundred and sixteen, "Defining Open Space in
Residential Subdivision"; Presidential Decree Numbered Ten Hundred and
ninety-six, otherwise known as the "National Building Code of the
Philippines"; and Presidential Decree Numbered Eleven hundred and
eighty-five, otherwise known as the "Fire Code of the Philippines" and the
rules and regulations promulgated thereunder, in consultation with the
Ministry of Public Works and Highways, the Integrated National Police, and
other appropriate government units and instrumentalities and private
associations.
Section 4. The standards and technical requirements to be established
under Section three hereof shall provide for environmental ecology,
hygiene and cleanliness, physical, cultural and spiritual development and
public safety and may vary in each region, province or city depending on
the availability of indigenous materials for building construction and other
relevant factors.
Section 5. The different levels of standards and technical requirements that
shall be established and promulgated by the Ministry of Human Settlements
only after public hearing and shall be published in two newspapers of
general circulation in the Philippines for at least once a week for two
consecutive weeks and shall take effect thirty days after the last publication.
Section 6. This Act shall take effect upon its approval.
Annex A
Rules and Standards for Economic and Socialized Housing Projects to
Implement Batas Pambansa
Pursuant to Section 3 of Batas Pambansa Blg. 220 and by virtue of Section
4 (f) of Presidential Decree 1396, the following rules and levels of
standards are hereby promulgated.
RULE I
GENERAL PROVISIONS
Section 1. Scope of Application. These rules and standards shall apply to
the development of economic and socialized housing projects in urban and
rural areas as defined in Section 2 of BP Blg. 220. They shall apply to the
development of either a house and lot or a house or lot only.
These rules and standards shall also apply in the case of individual lot
owner who belong to the category of average of low income earners as
defined in BP Blg. 220 and who shall cause the construction of their houses
after the effectivity of these Rules. Section 2. Declaration of Policies. It is a
policy of the government to promote and encourage the development of
economic and socialized housing projects, primarily by the private sector in
order to make available adequate economic and socialized housing units
for averaged and low-income earners in urban and rural areas.
RULE II
DEFINITION OF TERMS
Section 3. As used in this rules, the following words and phrases are
defined and understood to have the meaning correspondingly indicated
therein.
ALLEY : A public way intended to serve both pedestrian and emergency
vehicles, and also access to lots, both end always connecting to streets.
BLOCK : A parcel of land bounded on the sides by streets or alleys or
pathways or other natural or manmade features, and occupied by or
intended for buildings.
CLUSTER HOUSING : A single-family attached dwelling containing three
or more separate living units grouped closely together to form relatively
compact structures.
COMMISSION : Shall mean the Human Settlements Regulatory
Commission.
COMMUNITY FACILITIES: Facilities or structures intended to serve
common needs and for the benefit of the community, such as:
neighborhood/ multi-purpose center, health center, drugstore, school,
livelihood center, etc.
DWELLING : A building designed or used as residence for one or more
families.
Single-Family Detached a dwelling for one family which is completely
surrounded by permanent open spaces, with independent access, services,
and use of land.
Single-Family Attached a dwelling containing two or more separate living
units each of which is separated from another by party or lot lines walls and
provided with independent access, services, and use of land. Such
dwellings shall include duplexes, row houses or terraces, and cluster
housing.
Multi-Family Dwelling a dwelling on one lot containing separate living units
for 3 or more families, usually provided with common access, services, and
use of land.
ECONOMIC AND SOCIALIZED HOUSING: A type of housing project
provided to moderately low income families with lower interest rates and
longer amortization periods.
FIREBLOCK : Any wall which separate two abutting living units so as to
resist the spread of fire. Such wall shall be of masonry construction e.g.,
cement hollow blocks, bricks, reinforced concrete, etc. at least "4" thick,
and shall extend throughout the whole length of the living units and from
the lowest portion of the wall adjoining the living units up to the point just
below the roof covering of purlins.
FIRE-RESISTIVE TIME PERIOD RATING: Fire resistive time period is the
length of time a material can withstand being burned which may be one-
hour, 2-hours, 3-hours, 4-hours, etc.
FIRE WALL : A fireblock with extends vertically from the lowest portion of
the wall which adjoins the 2 living units up to a minimum height of 0.30
meter above the highest portion of the roof attached to it; the fire wall shall
also extend horizontally up to a minimum distance of 0.30 meter beyond
the outermost edge of the abutting living units.
FRONTAGE : That part or end of a lot which abuts a street.
LIVING UNIT : A dwelling, or portion thereof, providing complete living
facilities for one family, including provisions for living, sleeping, cooking,
eating, bathing and toilet facilities and laundry facilities, the same as a
single family-dwelling.
LOT/PLOT : A portion of a subdivision or any parcel of land intended as a
unit for transfer of ownership or for building development.
LOT LINE WALL : A wall used only by the party upon whose lot the wall is
located, erected at a line separating two parcels of land each of which is a
separate real estate entity.
OCCUPANCY : The purpose for which a building is used or intended to be
used. The term shall also include the building or room housing such use.
Change of occupancy is not intended to include change of tenants or
proprietors.
OPEN SPACE : Shall refer to areas allocated for the following purposes:
Circulation
Community facilities
Park/Playground
Easements
Courts
PARTY WALL : A wall used jointly by two parties under easement
agreement, erected upon a line separating two parcels of land each of
which is a separate real estate.
PARK/PLAYGROUND : That portion of the subdivision which is generally
not built on and intended for passive or active recreation.
PATHWALK/FOOTPATH : A public way intended for pedestrian and which
cuts across a block to provide access to adjacent streets or property with
maximum length of 100 meters if connecting to roads and 50 meters if
terminating in a dead end.
ROW HOUSE : A single-family attached dwelling containing three or more
separate living units designed in such a way that they abut each other at
the sides, as in a row, and are separated from each other by party walls:
provided with independent access, services, and use of land.
TECHNICAL REQUIREMENTS: Shall refer to the set of documents
required by the Commission for the processing and approval of economic
and socialized housing projects including systems and procedures for the
implementation and enforcement of BP 220.
RULE III
MINIMUM DESIGN STANDARDS AND REQUIREMENTS FOR
ECONOMIC AND SOCIALIZED HOUSING
Section 4. Compliance with standards required. Development of economic
and socialized housing project shall be in accordance with the minimum
design standards herein set forth.
Section 5. Basis and objectives of the minimum design standards. The
minimum design standards set forth herein are intended to provide
minimum requirements within the generally accepted levels of safety,
health and ecological considerations. Variations, however are also possible,
as may be based on some specific regional, cultural and economic setting,
e.g., building materials, space requirements and usage. The parameters
used in formulating these Design Standards are:
A. 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) Power
6) Park/Playground
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
D. Location
The Actual setting of project site shall determine the type and degree of
development to be required in a subdivision/housing project regardless of
political boundaries. With respect to this, the degree on level of
development shall be defined as follows:
1) Underdeveloped Area characterized by the predominant absence of
utility systems or networks, especially water supply, roads and power.
2) Developed Area characterized by the predominant presence of utility
systems or network, especially water supply, roads and power.
Section 6. Technical Guidelines. In determining whether an economic and
socialized housing shall be allowed, the following guidelines shall be
considered.
A. Suitability of Site
1. 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, lands slides and street) must be avoided.
2. Slope
Flat to rolling terrain (0 to 5%) are preferable but housing development may
take place up to 15% slopes, with flat lands (below 5%) for high density
development and sloping area (5-15%) for low to medium density
development. The latter slopes, however, should be capable of being
developed for habitation at reasonable cost with assurance of stability for
vertical construction.
3. Availability of basic needs
The prioritized basic needs cited earlier shall preferably be available within
reasonable distance from the project site, but where these are not available,
the same shall be provided for by the developer.
4. Conformity with the Zoning Ordinance or Land Use Plan of the
City/Municipality
Generally, housing projects should conform with the Zoning Ordinance of
the city/municipality where they are located. However, where there is no
Zoning Ordinance or Land Use Plan, the dominant land use principle and
site suitability factors cited herein shall be used in determining suitability of
a project to a site.
Furthermore, if the project is undoubtedly supportive of other land uses and
activities, (e.g., housing for industrial workers) said project shall be allowed.
B. Allowance for future development
Project design should consider not only the reduction of cost of
development to a minimum but also provision for possible future
improvement or expansion, as in the prescription of lot sizes, rights-of-way
of roads, open space, allocation of areas for common uses and facilities.
C. Land Allocation
1. Saleable and non-saleable are
There shall be no fixed ratio between saleable portion and non-saleable
portion of a subdivision project.
2. Area allocated for Circulation System
The area allocated for the circulation system shall not be fixed, as long as
the prescribed dimension and requirements for access (to both the project
site and to dwelling units) specified in these Design Standards are complied
with.
3. Area allocated for community facilities
Sites for community facilities shall be reserved or allocated by the
developer, where such facilities may be constructed/put up the
Homeowners Association as the need arises. Said sites shall be used
exclusively for these facilities as defined in Rule II, and the area shall be
exclusive of that area intended for park/playground.
The area allocated for community facilities shall vary with the density of the
subdivision, i.e., number of lots and/or living units whichever is applicable,
as shown in Table I.
Community facilities shall be centrally located where they can serve
maximum member of population, preferably near or side by side the
park/playground.
4. Area allocated for Park/Playground
Provision for park/playground is required in all cases.
Allocation of areas for parks and playgrounds shall be exclusive of those
allocated for community facilities and shall vary according to the density of
lots and/or living units in the subdivision, whichever is applicable, as shown
in Table 2.
Location of parks shall be based on hierarchy, accessibility and shall be
free from hazard, risks, barriers, etc.
Landscaping (sodding and tree-planting) shall be done by the subdivision
developer/owner.
Minimum size for a pocket park is 100 square meters.
D. Integration of project site with adjacent property and to the total
development context of the city/municipality.
Land allocation and alignment of the various utilities (roads, drainage,
power and water) of the subdivision should align and be integrated with
those of existing networks as well as projects outside the boundaries of the
project site, e.g., access roads (road connecting project site to the nearest
public road) should follow the standard specification of the MPWH.
Hierarchy of roads (with respect to function and dimensions) shall be
observed when planning the road network within the project site such that
no major or minor road align with an alley or footpath.
Section 7. Design Standards and Planning Considerations. The following
design standards and planning considerations shall be observed by all
projects covered by these Rules.
A. Water Supply
1. Underdeveloped Area
Minimum requirement shall be provision of communal
wells.
Water supply must be potable and adequate at least
43 liters per capita per day. Supply source shall be
identified and developed by the project
developer/owner.
Whenever a body of water shall be utilized for
community waters supply, permits from the National
Water Resource Council (NMRC) shall be obtained.
Standards set by the Regional Water Resource
Council (RWRC) on water source development shall
be complied with. Each well shall be allocated
approximately four (4) square meters area which shall
form part of the area for community facilities (as
defined in Rule II) and shall not encroach on any
saleably lot or right of way.
2. Developed Area
Whenever a public water supply system exists,
connection to it by the subdivision is mandatory. Each
lot and/or living unit shall be served with water
connection (regardless of the type of distribution
system). Water supply provided by the local water
district shall be complemented/supplemented by
other sources, when necessary, such as communal
well which may be located strategically for ease and
convenience in fetching water by residents and at the
same time not closer than 300 meters from each
other.
If public water supply system is not available, the
developer shall provide for an independent water
supply system within the subdivision project.
Minimum quantity requirement shall be 75 liters per
capita per day.
Likewise, required permits from the NWRC shall be
obtained and standards of the Local Water Utilities
Administration shall be complied with.
If ground reservoir is to be put up, and area shall
allocated for this purpose (part of allocation
community facilities). The size shall depend
volume of water intended to be stored. Provide
protection from pollution namely, buffer of at least
meters from sources of pollution/contamination.
For elevated reservoir, structural design shall comply
with accepted structural standards.
B. Circulation System
1. Circulation system shall be the same in both Underdeveloped Area and a
Developed Area projects except for type of pavement which is adopted on
regional or locational peculiarities of the project site.
2. Planning Considerations or 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 enhance community interaction.
e) There shall be no duplications of street names and such names shall not
bear any similarity to existing street names in adjacent subdivision, except
when they are in continuation of existing ones. Street names shall be
recognizable and readable.
The developer shall bear the cost of purchase and installation of street
names/signs coincident with the construction of streets and utilities.
f) Sidewalks shall not be required when drainage system is through open
canals; when drainage canals are covered or underground, the space
above the canals shall be utilized as sidewalk.
C. Drainage System
Drainage system shall be required in all projects.
An open canal on each side of the circulation network shall be provided.
Said canal shall have appropriate slope to effect good drainage. Moreover,
the sides of the open canal shall be lined with grass or stones to prevent
erosion. See illustration below.In case of non-existence of drainage system
in the locality, catchment area for drainage discharges shall be provided for
and developed by the developer/owner in consultation with local authorities
or private entities concerned, to prevent flooding of adjacent property.
Moreover, said catchment are shall be made safe and maintained and shall
form part of the park/playground requirement.
D. Sewage Disposal System
The minimum requirement for sewage disposal shall be the use of septic
tank.
For single detached units and multi-unit buildings, communal septic tanks
maybe allowed.
Drainfield area of affluent shall be 25.00 meters minimum distance from
any sources of water (well, spring, etc.).
E. Electrical Power Supply
be 1. Underdeveloped Area
for
on
Electrical power supply is optional. However, the developer shall allocate
for
sufficient land area for easements for power supply facilities based on
25
existing laws and regulations.
2. Developed Area
When power is available within the locality of the project site, its connection
to the subdivision is required. Actual connection, however, may depend on
the minimum number of users as required by the power supplier.
Installation particles, materials and fixtures used, shall be in accordance
with the provisions of the existing rules and regulations of the Electrical
Code of the local power utility company.
F. Lot sizes
1. Minimum lot area requirement shall be as follows:
a) Detached dwelling unit 72.00 sq. meters
b) Semi-detached dwelling unit
a. corner lot 54.00 sq. meters
b. row house d.u. 36.00 sq. meters
2. Lot Planning consideration (applicable to both Underdeveloped Area and
Developed Area Projects).
a) A lot shall either be served by a road, motor court, an alley or a pathway.
b) Deep lots and irregularly shaped lots shall be avoided.
c) Lot elevation may be at grade, lower or higher than the elevation of the
street but should not be so excessive as to effect good utility
connection/run.
d) Lot lines shall be perpendicular or radial to street lines in appropriate
cases.
e) Lot shall be protected against non- conforming uses and/or other risk
through provision of adequate buffer strip, protective walls, and roads or
other similar devices. On the other hand, lot shall be laid out that they front
desirable views, such as parks, lagoon, etc.
f) Lot shall be so laid out that water courses/drainage ways do not bisect
the lots.
g) Minimum lot frontages:
Single detached 8.00 meters
Single attached 6.00 meters
Row house/irregular lot 3.50 meters
G. Block Length
Maximum block length is 250 meters. Block length exceeding 250 meters,
but not beyond 400 meters, shall be provided by an alley at midlength.
H. Easements
Provisions for easements in both Under-developed Area and Developed
Area projects shall be integrated with utility network/part of right of way.
I. Other Facilities
1. Garbage Disposal System
Garbage disposal shall be undertaken by the local government or in the
absence thereof by individual lot owners, but shall always observe sanitary
practices and methods.
2. Firefighting
The Homeowners Association shall form fire brigade in collaboration with
the barangay fire brigade. Water for fire fighting shall be part of the water
supply requirement and shall comply with the requirements of the
local/district fire unit of the Integrated National Police.
Section 8. Building Design Standards and Guidelines. Projects
incorporation housing components shall comply with the following design
standards and guidelines.
A. Single Family Dwelling
1. Height Limitation Maximum number of stories is two (2).
2. Unit Planning
a. Access to the Property. Direct access to the single-family dwelling shall
be provided by means of an abutting public street, alley or pathway.
b. Access to the dwelling unit. An independent means of access to the
dwelling unit shall be provided without trespassing adjoining properties.
Acceptable means of access to the rear yard of the dwelling unit shall be
provided without passing through any other dwelling unit or any other yard.
c. Open space requirements. Open spaces shall be located totally or
distributed anywhere within the lot in such a manner as to provide
maximum light and ventilation into the building.
Table 6
Private Open Space Requirement
a. Interior lot (located in the interior of a block made accessible or alley by
means of a private access road) 50% 25%
b. Inside lot (non-corner or single frontage lot) 20% 15%
c. Corner and/or through lot 10% 15%
d. Lots bounded on three (3) or more sides by public open spaces such as
streets, easement of seashores, rivers, esteros, etc. 5% 5%
d. Sizes and Dimensions of Courts and Yards. The minimum horizontal
dimension of courts and yards shall be not less than 2.0 meters. All inner
courts shall be connected to a street of yard, either by a passageway with a
minimum width of 1.20 meters or by a door through a room or rooms.
Every court shall have a width of not less than 2.0 meters for one and two-
storey buildings. However, this may be reduced to not less than 1.50
meters in cluster living units such as quadruplexes, row-houses and the like
one or two stories in height with adjacent courts with an area of not less
than 3.00 square meters. Provided, further, that the separation walls or
fences, if any, shall be not higher than 2.00 meters. Irregularly shaped lots
such as triangular lots and the like whose courts may be also triangular in
shape may be exempted from having a minimum width of 2.0 meters,
provided that no side thereof shall be less than 3.0 meters.
e. Abutments. Abutments may be permitted on all sides provided that:
a. A fire wall starting from the ground level and extending at least 0.30
meters from the roof line is constructed.
b. There shall be no opening on the party fire wall.
c. The fire wall shall have a minimum of one-hour fire resistive rating.
3. Building Design Standards
a. Space Standards. Spaces within the dwelling structure shall be
distributed in an economical, efficient and practical manner so as to afford
the maximum living comfort and convenience and to insure health and
safety among the occupants. It shall provide complete living facilities for
one family including provisions for living, sleeping, laundry, cooking, eating,
bathing and toilet facilities.
b. Floor Area Requirement. The minimum floor area requirement for single-
family dwelling shall be 20.00 square meters.
c. Ceiling Heights
1. Minimum ceiling height for habitable measured from the finished floor
line to the ceiling line. Where ceilings are not provided, a minimum
headroom clearance of 2.00 meters shall be provided.
2. Mezzanine floors shall have a clear ceiling height of not less than 1.80
meters above and below it, provided that it shall not cover 50% of the floor
area below it.
d. Openings
1. Doors
a. A minimum of one entrance/exit shall be provided where the number of
occupants is not more than 10; two (2) entrance/exits where the number of
occupants is greater than 10.
b. Doors shall have a minimum clear height of 2.00 meters. Except for
bathroom doors and doors in the mezzanine which shall have a minimum
clear height of 1.80 meters.
c. Minimum clear widths shall be the following:
Main Door 0.80 meters
Service Door/
Bedroom Door 0.70 meters
Bathroom Door 0.60 meters
2. Windows
A. Rooms for habitable use shall be provided with windows with a total free
area of openings equal to at least 10% of the floor area of the room.
B. Bathrooms shall be provided with window/s with an area not less than
1/20 of its floor area.
C. Required windows may open into a roofed porch where the porch:
a) Abuts a court, yard, public street or alley, or open water course and other
public open spaces;
b) Has a ceiling height of not less than 2.00 m.
e. Interior Stairs. The stairs shall ensure structural safety for ascent and
descent, even in extreme cases of emergency. It shall afford adequate
headroom and space for the passage of furniture.
1. Width. Stairways shall have a minimum clear width of 0.60 meters.
2. Rise and Run. Stairs shall have a maximum riser height of 0.25 meters
and a minimum tread width of 0.20 meters. Stairs treads shall be exclusive
of nosings and/or other projections.
3. Headroom Clearance. Stairs shall have a minimum headroom clearance
of 2.00 meters. Such clearance shall be established by measuring vertically
from a place parallel and tangent to the stairway tread moving to the soffit
above all points.
4. Landings. Every landing shall have a dimension measured in the
direction of travel equal to the width of the stairway. Maximum height
between landing shall be 2.60 meters.
5. Handrails. Stairways shall have at least one handrail on one side
provided there is a guard or wall on the other side. However, stairways
have less than four (4) risers need not have handrails, and stairs with either
a guard or wall on one end need not be provided with a handrail on that
end.
6. Guard and Handrail details. The design of guards and handrails and
hardware for attaching handrails to guards, balusters or masonry walls shall
be such that these are made safe and convenient.
a. Handrails on stairs shall not be less than 0.80 meters nor more than 1.20
meters above the upper surface of the tread, measured vertically to the top
of the rail from the lending edge of the tread.
b. Handrails shall be so designed as to permit continuous sliding of hands
on them and shall be provided with a minimum clearance of 38 mm. from
the wall to which they are fastened.
c. The height of guards shall be measured vertically to the top guard from
the leading edge of the tread or from the floor of landings. It shall not be
less than 0.80 meters and no more than 1.20 meters. Masonry walls may
be used for any portion of the guard.
7. Winding and circular stairways. Winders and circular stairways may be
used if the required width of run is provided at a point not more than 300
millimeters from the side of the stairway where the treads are narrower but
in no case shall any width of run be less than 150 mm. at any point. The
maximum variation in the height of risers and the width of treads in any one
flight shall be 5 mm.
8. Ladders. The use of ladders be allowed provided that the maximum
distance between landings shall be meters.
f. Roofing. Roofing material that is impervious to water shall be provided.
g. Electrical Requirements. There shall be provided at least one light outlet
and one convenience outlet per activity area.
h. Fireblocks. When any two (2) living units abut each other, a fireblock
shall be required in which case the fireblock shall be the masonry
construction (e.g., cement hollow blocks, bricks, reinforced concrete, etc.),
at least 4" thick, and shall extend from the lowest portion of the wall
adjoining the 2 living units up to the point just below the road covering or
purlins.
i. Abutments. Whenever a dwelling abuts on a property line a fire wall shall
be required. The fire wall shall be of masonry construction, at least 4" thick,
and extend vertically from the lowest portion of the wall adjoining the living
units up to a minimum height of 0.30 meters above the highest point of the
roof attached to it the fire wall shall also extend horizontally up to a
minimum distance of 0.30 m. beyond the outermost edge of the abutting
living units.
No openings whatsoever shall be allowed except when the two abutting
spaces of two (2) adjacent living units are unenclosed or partially open, e.g.,
carports, terraces, patios, etc.; instead a separation wall shall be required.
B. Multi-Family Dwellings
1. Plot Planning
a. Access to the property. Direct vehicular access to the property shall be
provided by means of an abutting improved public street or alley.
b. Access to the dwelling. An independent means of access shall be
provided to each dwelling, or group of dwellings in a single plot, without
trespassing adjoining properties. Each dwelling must be capable of
maintenance without trespassing adjoining properties. Utilities and service
facilities must be independent for each dwelling unit.
Each dwelling unit shall be provided with a sanitary means for the removal
of garbage and trash.
c. Access to living units. An independent means of access to each living
units shall be provided without passing through any yard of a living unit or
any other yard.
d. Non-residential use. Portions of the property may be designed or used
for non-residential use provided the type of non- residential use is
harmonious or compatible with the residential character of the property.
Some examples of allowable non-residential uses are garages, carports,
cooperative store, and structures for the homeowners’ association.
Any non-residential use of any portion of the property shall be subordinate
to the residential use and character of the property. The floor area
authorized for non-residential use, whether in the principal dwelling
structure or in any accessory building, shall not exceed 25% of the total
residential area.
The computation of the non-residential area shall include hallways,
corridors or similar spaces which serve both residential and non-residential
areas.
e. Open Space Requirements. Portions of the property shall be devoted to
open space to provide for adequate light, ventilation and fire safety.
1. Setbacks from the property line shall be maintained, the minimum of
which shall be the following:
2. Distance between building shall also be adequately maintained to ensure
light and ventilation.
In general, the minimum distance between 2 buildings in which the taller
buildings has not more than two (2) storeys shall be 4.00 meter. And the
minimum horizontal clearance between the two roof eaves shall be 1.50
meters.
The minimum distance between two buildings wherein the taller building
has three (3) or four (4) storeys, shall be 6.00 meters. And the minimum
horizontal clearance between the two roof eaves shall be 2.00 meters.
The minimum distance between buildings with more than four (4) storeys
shall be 10 meters. The minimum horizontal clearance shall be 6 meters.
Except, however, in cases when the two sides of the buildings facing each
other are blank walls, i.e., either there are no openings or only minimal
openings for comfort rooms, the minimum distance between the buildings
shall be 2.00 meters. And the horizontal clearance between the roof eaves
shall be 1.00 meter.
In the measurement of distances between two buildings, measurement
shall be made where the distance between the two buildings is shortest.
f. Parking Requirements. For multi-family dwellings, a minimum of one (1)
parking space for every twenty (20) living units shall be provided.
2. Building Design Stamps
a. Living Units. In general, all building design standards for the single-family
dwelling shall apply for all living units of multi-family dwellings, except that,
the minimum floor are of living unit in multi-family dwellings shall be 36.00
square meters.
b. Exits. Exit requirements of a building or portion thereof shall be
determined by the occupant load which gives the largest number of
persons. No obstruction shall be placed in the required width of an exit
except projections permitted by these implementing rules and regulations.
The occupant load in any building or portion thereof shall be determined by
multiplying the no. of living units by six (6).
1. No of Exits. Every multi-family dwelling or usable portion thereof, shall
have at least one exist. Floors above the first storey shall have at least two
exists, which shall be remote from each other, irrespective of the occupant
load in the same storey.
The number of exits required from any storey of a building shall be
determined by using the occupant loads of floors which exit through the
level under consideration as follows: 50% of the first adjacent storey above
(and the first adjacent storey below, when a storey below exits through the
level under considerations) and 25% of the occupant load in the storey
immediately beyond the first adjacent storey. The maximum number of
exits required for any storey shall be maintained until egress is provided
from the structures. For purposes of this Section basement or cellars and
occupied roofs shall be provided with exits as required for storeys.
2. Width. Exits serving living units with occupant load of 50 or less shall
have a minimum width of 0.80 meters. For every additional occupant load
of 25 or fractions thereof, and additional width of 0.15 meters shall be
provided. The total exit width required from any storey of a building may be
divided approximately equally among the separate exits, provided the
minimum width of 0.80 meters is maintained.
The total exit width required from any storey of a building shall be
determined by using the occupant load of that storey plus the percentage of
the occupant loads of floors which exit through the level under
consideration as follows: fifty (50) of the occupant load in the first adjacent
storey above and the first adjacent below when a storey below exits
through the level under consideration and twenty-five (25) percent of
occupant load in the storey immediately beyond the first adjacent storey.
The maximum exit width from any storey of a building shall be maintained.
3. Arrangement of Exits. Distance between any two exits shall be such that
they shall be remote from each other and as arranged and constructed to
minimize any possibility that both may be blocked by any one fire or other
emergency condition, provided that it shall not be less than one fifth the
perimeter of the area served, measured in a straight line between the exits.
4. Distance to Exits. No point in a building shall be more than 45.00 meters
from an exterior exit door, a horizontal exit, exit passageway, or an
enclosed stairway, measured along the line of travel. In a building equipped
with the complete, automotive fire extinguishing system the distance from
exits may be increased to 60.00 meters.
5. Automatic Smoke Detection Alarm Initiating Device. Automatic smoke
detection alarm initiating devices shall be installed in every family dwelling
unit located and adjusted to operate reliably in case of abnormal
accumulation of smoke in any part of the protected area. Installation of
smoke detection alarm initiating device shall be approved for the particular
application, location and spacing.
c. Corridors and Exterior Exit Balconies. The provisions herein shall apply
to every corridor and exterior exit balcony serving as a required exit for an
occupant load of more than fifty (50).
1. Width. Every corridor or exit balcony shall not be less than 1.20 meters in
width.
2. Projections. The required width of corridors and exit balconies shall be
unobstructed. Doors in any position shall not reduce the required width of
the corridor by more than one-half.
3. Access to Exits. When more than one exit is required, they shall be so
arranged to allow going to either direction from any dead end point.
4. Dead Ends. Corridors and exterior exit balconies with dead ends are
permitted when the dead end not exceed 12.00 meters in length.
5. Construction. Walls of corridors above the first storey shall be of
masonry (e.g. CHB, bricks, titles, etc.). Ceilings shall likewise be fire-
resistive Provided, however, that this requirement shall not apply to
corridors formed by temporary partitions.
Exterior exit balconies shall not project into an area where protected
openings are required.
6. Openings. Where corridor walls are required to be fire-resistive, every
interior door opening shall be protected as set forth in generally recognized
and accepted requirements for dual purpose fire exit doors. The total are of
all openings other than doors, in any portion of an interior corridor wall shall
not exceed twenty-five (25) per cent of the area of the corridor wall of the
room being separated from the corridor.
7. Ramps. Changes in floor elevation of less than 300 meters along any
exit serving a tributary occupant load of 10 or more shall be by means of
ramps. The maximum allowable slope for ramps is fifteen (15) percent.
d. Common Stairways. Except for stairs or ladders used only to serve as
access to equipment, every stairway inside a multi-family dwelling serving
two or more living units shall conform to the following design requirements:
1. Width. Stairways serving two or more living units with an occupant load
of 50 or less shall have a minimum clear width of 0.90 meters. Stairways
serving living units with an occupant load more than 50 shall not be less
than 1.00 meter in width.
e. Utilities and Services. To ensure healthful and livable conditions in the
project, basic utilities and services shall be provided, the minimum
requirements of which shall be:
1. Water Supply. Water supply shall be adequate in amount and reasonably
free from chemical and physical impurities; a main service connection and
a piping system with communal faucets to serve the common areas like the
garden, driveways, etc. shall be provided. Pipes branching out from the
main water line shall service the individual units which shall be provided
with individual water meters.
2. Power Supply/Electrical Service. If available in the vicinity, a main power
service shall be provided with a main circuit to service common lighting as
well as common power needs of the dwelling. Like the water system,
however, branch circuits with separate meters shall service the individual
living units.
3. Drainage System. Surface run-offs shall be channeled to appropriate
repositories.
4. Sewage Disposal System. Sewage disposal may be accomplished by
any of the following means:

2. Rise and Run. Stairs shall have a maximum riser height of 0.20 m. and a. Discharge to an existing public sewerage system.
minimum tread width of 0.25 m. Stairs shall be exclusive of nosing and/or
other projections. The maximum variation in the height of risers and the
b. Treatment in a community disposal, plant, or communal septic tank.
width of treads in any one flight shall be 5 m.

c. Treatment in individual septic tanks with disposal by absorption field or

3. Landings. Every landing shall have a dimension measured in the
leaching pit.
direction of travel equal to the width of the stairway, however, such
dimension need not exceed 1.20 meters when the stair has a straight run.
Landings shall not be reduced in width by more than 100 millimeters by a 5. Garbage Disposal System. There shall be provided adequate services
door when fully opened. for the regular collection and disposal of garbage and rubbish.

4. Basement Stairways. When a basement stairway to an upper storey C. General Construction Requirements
terminate in the same exit enclosure, an approved barrier shall be provided
to prevent persons from continuing on to the basement. Directional exit 1. Structural Requirements
signs shall be provided.

All construction shall conform with the provisions of the latest edition of the
5. Distance between Landings. There shall not be more than 3.60 meters Philippine Structural Code.
vertical distance between landings.

2. Electrical Requirements
6. Handrails. Stairways less than 3.00 m. in width shall have at least one
handrail on one side, provided there is a guard or wall on the other side.
Stairways measuring 3.00 m. to 3.50 m. in width shall have two handrails. All electrical systems, equipment and installation shall conform with the
Stairways more than 3.50 m. wide shall have at least one intermediate provisions of the latest edition of the Philippine Electrical Code and the
handrail for every 3.00 m. of required width. Intermediate handrails shall be requirements of the electric utility that serves the locality.
spaced approximately equal within the entire width of the stairway. Except
that stairways having less than four (4) risers need not have handrails and 3. Sanitary Requirements
stairs with either a guard or wall on one end need not be provided with a
handrail on that end.
All sanitary systems, equipment and installation shall conform with the
provisions of the latest edition of the National Plumbing Code.
7. Handrail Details. Handrails shall be placed not less than 0.80 m. nor
more than 1.00 m. above the nosing or treads. Ends of handrails shall
4. Construction Materials
terminate in newel pests or safety terminals.

The use of indigenous materials for site development and construction of

8. Distance to Stairs. Per floors above the first storey, the maximum travel
dwellings shall be encouraged, as long as these are in conformity with the
distance from the exit door of a living unit to the stairway shall be 24.00
requirements of these Rules and ensures a building life span of at least 25
meters.
years, or in a correspondence to loan terms of payment.

9. Stairway to Roof. In every building four or more storeys in height, one

Section 9. Variances/Exemptions. Variances from these standards and
stairway shall extend to the roof unless the roof has a slope greater than 1
requirements may be granted when strict observance hereof will cause
in 3.
unnecessary hardship to the owner/developer or prejudice intended
beneficiaries such as in the case of regional considerations/characteristics,
10. Headroom. Every common stairway shall have a headroom clearance peculiarities of the location and other relevant factors.
of not less than 2.00 meters. Such clearance shall be established by
measuring vertically from a plane parallel and tangent to the stairway tread
RULE IV
nosing to the soffit above all points.
APPLICATION AND APPROVAL OF PLANS AND BUILDING DESIGNS
Section 10. Approval Required. No development of economic and
socialized housing projects shall be allowed without having complied with
the standards and approval procedures set forth in these Rules.
Section 11. Approval of Proposed Residential Houses of Average and
Low-Income Earners. Individual lot owners who are average and low-
income earners as defined by BP 220 may construct their individual
residential houses in the manner provided by these rules, provided that:
1. They secure project approval from the Ministry of Human Settlements
prior to their construction; and
2. They utilize MHS approved stock plans or they submit their proposed
building plans to the Ministry for approval.
Whenever applicable, the procedures and documents required under this
Rule in the case of other housing projects shall also be observed in case of
individual residential projects.
Section 12. Establishment of an Integrated Approval System. There is
hereby established and INTEGRATED APPROVAL SYSTEM which shall
be applicable exclusively to the evaluation and approval of all proposed
economic and socialized housing projects whether the development is for a
house and lot or for a house or lot only.
Upon the effectivity of these Rules, all proposed economic and socialized
housing projects shall be required to secure only the INTEGRATED
APPROVAL set forth herein which shall take the place of permits and
clearances required under Presidential Decree Numbers 957, 1216, 1096
and 1185 and their implementing rules and regulations.
Section 13. Where Application for Integrated Approval Made. Applications
for integrated approval shall be made with the Ministry of Human
Settlements through its regulatory arm, the Human Settlements Regulatory
Commission which is hereby authorized to prescribe application
requirements and impose the necessary conditions on approvals and
applications.
Section 14. How Application Made. Application for Integrated Approval
shall be made by accomplishing in duplicate copies an application form
duly prescribed by the Commission.
The application form shall be accompanied by the following documents:
a) Development cost estimate and payment scheme for amortization;
b) Statement of potential and funding sources, preferably attested to by an
accountant;
c) Program of development, indicating phasing and schedule;
d) Locational Clearance issued by the Commission;
e) Certified xerox copy of owners certificate of title or other sufficient
evidence of ownership; if applicant is not the owner, authority to develop
and sell;
f) At least two (2) sets of sketch plan and site development plan, showing
general pattern and layout of development, including location of streets and
proposed access roads, power and other utility lines, residential areas and
open spaces for parks, playgrounds and community facilities;
g) Location and vicinity map, drawn to a required scale, indicating location,
intensity and nature of surrounding land uses within one (1) kilometers
radius;
h) Written options to avail of the MHS Stock Plans, indicating specific
model(s) desired, or in the absence thereof, at least two (2) sets each of
the following:
1. Architectural drawing
2. Detailed structural plans and specification including cost estimates
3. Detailed engineering drawing
i) Certification from the Ministry of Agrarian Reform that the Land is not
tenanted and/or is not covered by operation land transfer;
j) Sworn statement as to nature, number and income level of beneficiaries.
Section 15. Evaluation of Land Development and Structural Design
Components of Project. Should the project be found locationally viable, the
Commission shall proceed to determine whether the land development
scheme and building design is in accordance with the standards set forth in
these Rules.
Where the developer or applicant has opted to avail of the pre-approved
plans of the Commission, there shall be no necessity for evaluating building
design except with respect to the suitability thereof to project site and its
harmony/compatibility with the land development scheme. Should the
design be found unsuitable/incompatible, the developer may be asked to
alter/revise his choice. The Commission may extend technical assistance in
the choice of the appropriate model.
Where the developer does not avail of said plans and presents his own
design and specifications, the Commission shall evaluate the building
component of the project as to structural, fire safety and functionality. The
review of such building plans and specifications shall be in accordance with
the standards set forth in these Rules.
Section 16. Pre-Approval of Building Plans. The Commission shall
formulate model building plans and design or may approve plans submitted
by duly qualified professionals which plans shall be considered pre-
approved and maybe utilized by the developer/proponent.
Section 17. Validity of Development Approval. Development permits shall
be valid for a period of one (1) year and should activity be not commenced
within said period, the grantee of the permit may apply for its revalidation
within the next succeeding year.
Thereafter, no development shall be allowed unless a new application for
approval is filed.
Section 18. Survey and Approval of Subdivision Plan. Upon the issuance
of Integrated Approval to an economic and socialized housing project, the
developer shall refer the final subdivision plan together with the parcellary
map to the Bureau of Lands for the conduct of verification survey and
approval of the subdivision scheme. Upon accomplishment thereof, the
Bureau shall submit its finding to the Commission.
RULE V
REGISTRATION AND LICENSING OF ECONOMIC
AND SOCIALIZED HOUSING PROJECTS
Section 19. Registration of Project. No subdivision or condominium
intended for economic and socialized housing shall be sold unless it has
been registered and issued a license to sell in accordance with these Rules.
Upon receipt of the Survey Returns and Approval of Subdivision Plan from
the Bureau of Lands, the Commission shall notify the developer of
economic and socialized housing project, which have been granted
Integrated Approval to submit the following documents to have his project
registered under these Rules.
1. Certificate of Title or other sufficient evidence of ownership;
2. Affidavit attesting that the data submitted in the Original Application
Forms and attachments thereto have remained the same, or if there have
been any changes, incorporating therein the nature and surrounding
circumstances thereof;
3. Articles of incorporation or partnership or association, with all
amendments thereto, and existing by-laws, if developer is a corporation,
partnership or association;
4. If property is mortgaged, mortgage contract and status of loan certified
by mortgagee; in addition an undertaking by mortgagee to release the
mortgage on any subdivision lots or condominium units as soon as full
purchase price is paid;
5. Submit certification of availability of water supply, if proponent/developer
intends to utilize existing water system; or permit from the National Water
Resources Council, if he intends to put up a centralized deep well
distribution system; or certificate of water potability, if he intends to leave
the establishment of individual wells to lot/unit owners from the appropriate
government agency.
Section 20. Notice of Publication. Upon evaluation of the completeness
and veracity of the documents submitted, this Office shall cause the
publication at the expense of the applicant a Notice of Pending Application
for Registration and License to Sell in one newspaper of general circulation
in English or in Pilipino reciting therein that an application for registration
and License to Sell for the sale of subdivision lots and condominium units
has been filed with the Commission and that the aforesaid application
papers as well as the documents attached thereto are open to inspection
during business hours by interested parties. In addition, a 3 x 6 billboard
notice of the project shall be posted on the project site until the issuance of
the License to Sell.
Upon completion of the publication, the proponent shall submit Proof of
Publication executed by the Publisher and an affidavit attesting to the
posting of the Billboard Notice on the site.
Section 21. Registration of Project. Ten days from the completion of the
publication and submission of the proof of publication, the Commission
shall, in the absence of an opposition to the Registration of the Project,
issue a Certificate of Registration. No opposition shall be entertained after
the above period.
Section 22. Opposition to Registration. Complaints and opposition to the
registration shall be filed with the Commission within ten (10) days from the
date of publication. Proceedings for registration and license to sell shall be,
in the meantime, suspended upon an initial finding that the same is
meritorious.
Section 23. License to Sell. No owner or developer shall sell any
disposable subdivision lot or condominium unit in a registered property
without a license to sell issued by the Commission.
Upon submission of a Performance Bond in the forms of a Surety Bond to
the amount of Ten Percent (10%) of the total estimated development cost
of the project issued by a duly accredited bonding company and acceptable
to the Commission, or a certificate of guarantee from any bank or financing
institution of good standing addressed to the Commission for the total
development cost, the Commission shall cause the issuance of a License
to Sell for the project.
Whenever it shall appear that the Performance Bond is, or for any cause
has become worthless, inadequate or insufficient after the License to Sell
has been issued, the owner/developer shall, after due notice, be required to
give an additional performance bond or replace the worthless bond within
ten days from receipt of such notice. Meanwhile, the License to Sell shall
be deemed suspend or revoked.
Section 24. Monitoring of Project. The Commission shall have the power to
monitor projects granted Integrated Approval and License to Sell under
these Rules to ensure faithful compliance with the terms, standards and
conditions thereof. It may exercise visitatorial powers and in case of
violation or non-compliance of the terms, standards and conditions set forth
in the approval and the license issued, it may institute revocation
proceedings and impose appropriate fines and penalties.
RULE VI
COMPLAINTS, HEARINGS AND PENALTIES
Section 25. Authority to Issue Rules and Procedures. The Commission is
hereby authorized to issue Rules of Procedure to govern the conduct of
Hearings before it on complaints or proceedings against owners,
developers, dealers, brokers and salesmen arising under these Rules. Until
the issuance of such Rules, the present Rules of Procedure to govern the
conduct of Hearings before the Human Settlements Regulatory
Commission shall apply.
Section 26. Mediation/Conciliation of Complaints. It shall be mandatory on
the part of the Commission to conduct mediation or conciliation on
complaints or opposition filed with it before the same could be subjected to
a formal hearing.
Section 27. Suspension of License to Sell/Cease and Desist
Order.1awp++i1 The Commission may, in its discretion or upon notice and
hearing immediately suspend the owner’s license to sell and issue a Cease
and Desist Order pending investigation and hearing of the case for the
following reasons:
a. Upon verified complaint filed by a buyer of a subdivision statement
lot/house or any interested party;
b. In its opinion, any information in the registration statement filed by the
owner/dealer is or has become misleading, incorrect, inadequate or
incomplete or the sale or offering for sale of the project may work or tend to
work a fraud upon prospective buyers;
c. When it appears to the Commission that the owner/dealer is engaged in
any act or practice which constitute or shall constitute a violation of the
provisions of these Rules.
The suspension order/cease and desist order may be lifted if, after notice
and hearing, the Commission is convinced that any deficiency in the sworn
registration statement has been corrected or supplemented, or that the sale
to the public of the subdivision project shall neither be fraudulent nor result
in fraud. It shall also be lifted upon dismissal of the complaint.
Until the final entry of an order of suspension, the suspension of the right to
sell the project, through binding upon all persons notified thereof, shall be
deemed confidential unless it shall appear that the order of suspension has
in the meantime been violated.
Section 28. Revocation of the Registration Certificate and License to Sell.
The Commission may, motu propio, or upon verified complaint filed by a
buyer revoke the registration and license to sell of any subdivision project
or subdivision lot/house in said project or condominium unit if upon
examination of the affairs of the owner or dealer, during a hearing
conducted it shall appear there is prima facie evidence that the said owner
or dealer:
a. Is insolvent; or
b. Has violated any of the provisions of the law and its rules and regulations
or any undertaking of his/its performance bond; or
c. Has been or engaged in fraudulent transaction.
Section 29. Administrative Fines and Penalties. Violation of any of the
provision of these Rules and Standards shall be subject to the Fines and
Penalties as provided for under PDs 957, 1216, 1096 and 1185.
RULE VII
MISCELLANEOUS PROVISIONS
Section 30. Conformance to the Requirements of other pertinent laws,
rules and regulations. Unless otherwise amended or expressly provided,
the provisions of Presidential Decree 957 and its Implementing Rules on
the following Sections are hereby adopted in these Rules:
a. Submission of Semestral Reports on Operations
b. Advertisement
c. Time of Completion Lawphil
d. Extension of Time for Completion
e. Alteration of Plans
f. Non-Forfeiture of Payments
g. Registration of Conveyances
h. Mortgages
i. Take-over development
j. Phases of Subdivision
k. Realty Tax and Other Charges
Section 31. Non-Development. Failure on the part of the owner or
developer to develop the project in accordance with the approved project
plans and within the time herein specified shall subject the owner/developer
to administrative sanctions and penalties.
Section 32. Organization and Registration of Homeowners. The owner or
developer of a socialized and economic housing project shall initiate the
organization of a homeowners association among the buyers and residents
of the project for the purpose of promoting and protecting their mutual
interest. Said homeowners association shall register with the Commission
and the latter is hereby authorized to accredit and determine the legitimate
homeowners association of the housing project for purposes of applying the
pertinent provisions of these Rules.
Section 33. Donations of Roads, Open Spaces and Water Supply. The
owner or project developer shall donate the roads and open spaces found
in the project to the local government of the area after their completion had
been certified to by the Commission and it shall be mandatory for the said
local government to accept such donations. Parks and playgrounds maybe
donated to the duly accredited Homeowners Association of the project with
the consent of the city or municipality concerned under PD 1216.
The water supply system of the project may likewise be donated to the duly
accredited homeowners association after certification by the Commission of
its completion and of its being operational. Should the homeowners not
accept the donation, the owner or developer of the project shall collect
reasonable rates to be determined by the Commission in consultation with
the National Water Resources Council or the Local Utilities Administration.
The proceeds thereof shall be used exclusively for the maintenance and
operation of the water system by the developer.
Section 34. Fees. Until such time that the Commission shall have adopted
new schedule of fees for economic and social housing projects, it shall
apply and collect the fees provided for under the implementing Rules of
PD’s 957, 1096 and 1185.
Section 35. Authority to Issue Supplemental Rules, Directives and
Interpretative Memorandum and Circular. In the implementation of Batas
Pambansa Blg. 220 and these Rules and Standards, the Commission,
through its Chief Executive Officer, is hereby authorized to issue
supplemental rules, directives and interpretative memorandum and
circulars.
Section 36. Separability Clause. The provision of these Rules are hereby
declared separable, and in the event any of such provisions are declared
null and void, the validity of all other provisions shall not be affected thereby.
Section 37. Effectivity. These Rules shall take effect thirty days after its last
publication in two newspapers of general circulation in the Philippines for at
least once a week for two consecutive weeks.
RA 386
Art. 437. The owner of a parcel of land is the owner of its surface and of
everything under it, and he can construct thereon any works or make any
plantations and excavations which he may deem proper, without detriment
to servitudes and subject to special laws and ordinances. He cannot
complain of the reasonable requirements of aerial navigation.
ARTICLE 488. Each co-owner shall have a right to compel the other co-
owners to contribute to the expenses of preservation of the thing or right
owned in common and to the taxes. Any one of the latter may exempt
himself from this obligation by renouncing so much of his undivided interest
as may be equivalent to his share of the expenses and taxes. No such
waiver shall be made if it is prejudicial to the co-ownership.
ARTICLE 490. Whenever the different stories of a house belong to different
owners, if the titles of ownership do not specify the terms under which they
should contribute to the necessary expenses and there exists no
agreement on the subject, the following rules shall be observed:
(1) The main and party walls, the roof and the other things used in common,
shall be preserved at the expense of all the owners in proportion to the
value of the story belonging to each;
(2) Each owner shall bear the cost of maintaining the floor of his story; the
floor of the entrance, front door, common yard and sanitary works common
to all, shall be maintained at the expense of all the owners pro rata;
(3) The stairs from the entrance to the first story shall be maintained at the
expense of all the owners pro rata, with the exception of the owner of the
ground floor; the stairs from the first to the second story shall be preserved
at the expense of all, except the owner of the ground floor and the owner of
the first story; and so on successively.
ARTICLE 1163. Every person obliged to give something is also obliged to
take care of it with the proper diligence of a good father of a family, unless
the law or the stipulation of the parties requires another standard of care.
ARTICLE 1168. When the obligation consists in not doing, and the obligor
does what has been forbidden him, it shall also be undone at his expense.
ARTICLE 1170. Those who in the performance of their obligations are
guilty of fraud, negligence, or delay, and those who in any manner
contravene the tenor thereof, are liable for damages
ARTICLE 1172. Responsibility arising from negligence in the performance
of every kind of obligation is also demandable, but such liability may be
regulated by the courts, according to the circumstances.
ARTICLE 1173. The fault or negligence of the obligor consists in the
omission of that diligence which is required by the nature of the obligation
and corresponds with the circumstances of the persons, of the time and of
the place. When negligence shows bad faith, the provisions of articles 1171
and 2201, paragraph 2, shall apply.
ARTICLE 1235. When the obligee accepts the performance, knowing its
incompleteness or irregularity, and without expressing any protest or
objection, the obligation is deemed fully complied with.
ARTICLE 1318. There is no contract unless the following requisites concur:
dstwmi
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.
ARTICLE 1337. There is undue influence when a person takes improper
advantage of his power over the will of another, depriving the latter of a
reasonable freedom of choice. The following circumstances shall be
considered: the confidential, family, spiritual and other relations between
the parties, or the fact that the person alleged to have been unduly
influenced was suffering from mental weakness, or was ignorant or in
financial distress
ARTICLE 1338. There is fraud when, through insidious words or
machinations of one of the contracting parties, the other is induced to enter
into a contract which, without them, he would not have agreed to.
ARTICLE 1339. Failure to disclose facts, when there is a duty to reveal
them, as when the parties are bound by confidential relations, constitutes
fraud.
ARTICLE 1340. The usual exaggerations in trade, when the other party had
an opportunity to know the facts, are not in themselves fraudulent.
 ARTICLE 1341. A mere expression of an opinion does not signify fraud,
unless made by an expert and the other party has relied on the former’s
special knowledge.
ARTICLE 1350. In onerous contracts the cause is understood to be, for
each contracting party, the prestation or promise of a thing or service by
the other; in remuneratory ones, the service or benefit which is
remunerated; and in contracts of pure beneficence, the mere liberality of
the benefactor.
ARTICLE 1356. Contracts shall be obligatory, in whatever form they
may have been entered into, provided all the essential requisites for
their validity are present. However, when the law requires that a contract
be in some form in order that it may be valid or enforceable, or that a
contract be proved in a certain way, that requirement is absolute and
indispensable. In such cases, the right of the parties stated in the
following article cannot be exercised.
ARTICLE 1357. If the law requires a document or other special form, as
in the acts and contracts enumerated in the following article, the
contracting parties may compel each other to observe that form, once
the contract has been perfected. This right may be exercised
simultaneously with the action upon the contract.
ARTICLE 1359. When, there having been a meeting of the minds of the
parties to a contract, their true intention is not expressed in the
instrument purporting to embody the agreement, by reason of mistake,
fraud, inequitable conduct or accident, one of the parties may ask for the
reformation of the instrument to the end that such true intention may be
expressed.
ARTICLE 1361. When a mutual mistake of the parties causes the failure
of the instrument to disclose their real agreement, said instrument may
be reformed.
ARTICLE 1362. If one party was mistaken and the other acted
fraudulently or inequitably in such a way that the instrument does not
show their true intention, the former may ask for the reformation of the
instrument.
ARTICLE 1363. When one party was mistaken and the other knew or
believed that the instrument did not state their real agreement, but
concealed that fact from the former, the instrument may be reformed.
ARTICLE 1364. When through the ignorance, lack of skill, negligence or
bad faith on the part of the person drafting the instrument or of the clerk
or typist, the instrument does not express the true intention of the parties,
the courts may order that the instrument be reformed.
ARTICLE 1370. If the terms of a contract are clear and leave no doubt
upon the intention of the contracting parties, the literal meaning of its
stipulations shall control.
If the words appear to be contrary to the evident intention of the parties, the
latter shall prevail over the former.
ARTICLE 1377. The interpretation of obscure words or stipulations in a
contract shall not favor the party who caused the obscurity.
ARTICLE 1390. The following contracts are voidable or annullable, even
though there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a
contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation,
undue influence or fraud.
These contracts are binding, unless they are annulled by a proper action in
court. They are susceptible of ratification.
ARTICLE 1713. By the contract for a piece of work the contractor binds
himself to execute a piece of work for the employer, in consideration of a
certain price or compensation. The contractor may either employ only his
labor or skill, or also furnish the material.
ARTICLE 1714. If the contractor agrees to produce the work from material
furnished by him, he shall deliver the thing produced to the employer and
transfer dominion over the thing. This contract shall be governed by the
following articles as well as by the pertinent provisions on warranty of title
and against hidden defects and the payment of price in a contract of sale.
(n)
ARTICLE 1715. The contractor shall execute the work in such a manner
that it has the qualities agreed upon and has no defects which destroy or
lessen its value or fitness for its ordinary or stipulated use. Should the work
be not of such quality, the employer may require that the contractor remove
the defect or execute another work. If the contractor fails or refuses to
comply with this obligation, the employer may have the defect removed or
another work executed, at the contractor’s cost. (n)
ARTICLE 1716. An agreement waiving or limiting the contractor’s liability
for any defect in the work is void if the contractor acted fraudulently.
ARTICLE 1720. The price or compensation shall be paid at the time and
place of delivery of the work, unless there is a stipulation to the contrary. If
the work is to be delivered partially, the price or compensation for each part
having been fixed, the sum shall be paid at the time and place of delivery,
in the absence of stipulation.
ARTICLE 1723. The engineer or architect who drew up the plans and
specifications for a building is liable for damages if within fifteen years from
the completion of the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the defects in the ground.
The contractor is likewise responsible for the damages if the edifice falls,
within the same period, on account of defects in the construction or the use
of materials of inferior quality furnished by him, or due to any violation of
the terms of the contract. If the engineer or architect supervises the
construction, he shall be solidarily liable with the contractor.
Acceptance of the building, after completion, does not imply waiver of any
of the causes of action by reason of any defect mentioned in the preceding
paragraph.
The action must be brought within ten years following the collapse of the
building. (n)
ARTICLE 1724. The contractor who undertakes to build a structure or any
other work for a stipulated price, in conformity with plans and specifications
agreed upon with the land-owner, can neither withdraw from the contract
nor demand an increase in the price on account of the higher cost of labor
or materials, save when there has been a change in the plans and
specifications, provided:
(1) Such change has been authorized by the proprietor in writing; and
(2) The additional price to be paid to the contractor has been determined in
writing by both parties.
ARTICLE 1726. When a piece of work has been entrusted to a person by
reason of his personal qualifications, the contract is rescinded upon his
death.
In this case the proprietor shall pay the heirs of the contractor in proportion
to the price agreed upon, the value of the part of the work done, and of the
materials prepared, provided the latter yield him some benefit.
The same rule shall apply if the contractor cannot finish the work due to
circumstances beyond his control.
ARTICLE 1727. The contractor is responsible for the work done by persons
employed by him.
ARTICLE 1728. The contractor is liable for all the claims of laborers and
others employed by him, and of third persons for death or physical injuries
during the construction.
ARTICLE 1729. Those who put their labor upon or furnish materials for a
piece of work undertaken by the contractor have an action against the
owner up to the amount owing from the latter to the contractor at the time
the claim is made. However, the following shall not prejudice the laborers,
employees and furnishers of materials:
(1) Payments made by the owner to the contractor before they are due;
(2) Renunciation by the contractor of any amount due him from the owner.
This article is subject to the provisions of special laws.
ARTICLE 1730. If it is agreed that the work shall be accomplished to the
satisfaction of the proprietor, it is understood that in case of disagreement
the question shall be subject to expert judgment. mdmiri

If the work is subject to the approval of a third person, his decision shall be
final, except in case of fraud or manifest error.

ARTICLE 2169. When the government, upon the failure of any person to
comply with health or safety regulations concerning property, undertakes to
do the necessary work, even over his objection, he shall be liable to pay the
expenses.

ARTICLE 2176. Whoever by act or omission causes damage to another,

there being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual relation
between the parties, is called a quasi-delict and is governed by the
provisions of this Chapter.

ARTICLE 2189. Provinces, cities and municipalities shall be liable for

damages for the death of, or injuries suffered by, any person by reason of
the defective condition of roads, streets, bridges, public buildings, and other
public works under their control or supervision.

ARTICLE 2190. The proprietor of a building or structure is responsible for

the damages resulting from its total or partial collapse, if it should be due to
the lack of necessary repairs.

ARTICLE 2192. If damage referred to in the two preceding articles should

be the result of any defect in the construction mentioned in article 1723, the
third person suffering damages may proceed only against the engineer or
architect or contractor in accordance with said article, within the period
therein fixed.