MODULE 5 PHILS

CONSTITUTION
JIMSY F. MACAWILE TREY
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LAST LESSON MODULE 4SUMMARY
• DTI (MINISTRY ORDER NO. 39 SALIENT POINT
• RESA LAW (RA 9646) SALIENT POINT

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MODULE 5
• 1935 PHILS CONSTITUTION
• 1973 PHILS CONSTITUTION
• 1987 PHILS CONSTITUTION

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PRESIDENTIAL DECREE
957
The Subdivision and Condominium
Buyers’
Protective Decree
 DISCLAIMER:
Always double-check the values given in this
document with the actual laws. For corrections or
clarifications, email
arch.pedrosantosjr@gmail.com.

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What PD 957 covers
• Subdivisions
• Condominiu
ms

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What PD 957 covers
• M e d i u m cost
housing
• Open market
housing

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SUBDIVISIONS

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Saleable vs. non-saleable
• 70% saleable
• 30% non-
saleable

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What are non-saleableareas?
• Parks a n d
playgrounds
• Community
facilities
• Circulation system

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Parks and playgrounds
• Required for projects 1 ha. or
mor e
• 3.5% m i n i m u m (20 lots / ha.)
• 9.0% m a x i m u m (65 lots / ha.)
• BUT n o t less t h a n 100 sqm.

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Parks and playgrounds

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Community facilities
• Multi-purpose center required for
projects 1 hectare or bigger
• These areas are non-saleable

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Hierarchy of roads

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RROW widths

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RROW widths
• Major road: 10.0m m i n i m u m
• Minor road: 8.0m m i n i m u m
• Applies to b o t h m e d i u m cost a n d
open m a r k e t

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Planting strips and sidewalks

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Planting strips and sidewalks
Plantin
RROW Carriageway Sidewalk
g
strip
10.0m 8.0 m 1.2 m 0.8 m

8.0m 7.0 m 0.6 m 0.4 m

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Minimum lot areas
Medium cost Open market

Single 100 sqm. 120 sqm.

detached
Duplex 8 0 sqm. 96 sqm.

Rowhouse 50 sqm. 6 0 sqm.

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Minimum lot frontages
Medium cost Open market
Single d e t a c h e d
Corner lot 12.0 m 12.0 m
Regular lot 10.0 m 10.0 m
Interior lot 3.0 m 3.0 m
Duplex 8.0 m 8.0 m
Rowhouse 4.0 m 4.0 m

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Minimum lot: single detached

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Minimum lot: duplex

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Minimum lot: rowhouse

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Block length

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Block length

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Rowhouse clusters

20
units
Minimum floor areas
• M e d i u m cost = 30
sqm.
• Economic = 42 sqm.

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Setbacks
• Follow
NBC.

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CONDOMINIUMS

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 Minimum sizes of rooms
• Follow
NBC.
Min. area Min. dimension
Room for 6.00sqm 2.00m
human
habitation
Kitchen 3.00sqm 1.50m
Toilet a n d b a t h 1.20sqm 0.90m

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Parks and playgrounds
• Required if:
– 10 condo units or more
– Project is 1,000 sqm. or larger
• M a y b e w a i v e d if a public p a r k is
within 800m

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Parks and playgrounds
• 50 sqm. for 10 condo units
• +3 sqm. for ever y additional
unit

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Parking
• Follow NBC:
– Units w i t h a floor area of 18 sqm. –22
sqm. : O n e slot for every 8 units

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Off-site parking
• OK if located 2 0 0 m w a y or less
from commercial condo.
• OK if located 100m w a y or less
from residential condo.

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Roads
• M i n i m u m RROW: 8.00m
– 6.00m for carriageway
– 2.00m for sidewalk/planting
strip
• For hierarchy or roads,
follow requirements for
subdivisions

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Floor areas for condominiums
• Single occupancy
– 18 sqm.
– 12 sqm. for students
• Family occupancy
– 22 sqm. for m e d i u m
cost
– 36 sqm. for m e d i u m
cost

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 Housing &
Subdivision
Development
Laws Governing the Type of Development and Licensing
of Subdivision Projects
Definition of Terms:
• Subdivision in General- is a tract of land parcelized into two or more lots.
• Subdivision Project - as defined in PD 957 is a tract of land registered under Act 496 which is partitioned primarily
for residential purposes into individual lots with ot without improvements thereon, and offered for sale to the
public in cash or installment. It shall include all residential, commercial and recreational areas, as well as open
spaces and other community and public areas in the project.

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• Simple subdivision - a subdivision without any street or open space
• Complex subdivision- a subdivision with resulting streets and open space.
• Square Planning - a subdivision scheme for flat or relatively flat terrain.
• Gridiron - a subdivision scheme where the resulting blocks are rectangular in
shape.
• Chaplan - is an indention along corner corner lots to allow better visibility to
perpendicular traffic.

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• Cul-de-sac - a passageway with only one outlet
Key Lot - is a lot adjoining a corner lot, at right angle to it, and fronting an intersection
street.
• Relocation Survey - is the measurement of the entire mass of land to determine
its external boundaries and ascertain whether or there are encroachments.
• Subdivision Survey - is a survey determine the boundaries of each lot in a
subdivision.
• Contour Line - refers to the line in a topographic map to indicate the elevation of
the land at various points.
• Tie Line - refers to the line connecting point 1 of a lot of reference point, such as
BLLM.

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BP 220 – an Act to establish and promulgate different levels
of Standards for Economic and Socialized Housing Projects.

Socialized Housing
 Refers to housing programs and projects covering houses and
lots of home lots only undertaken by the government or the
private sector for the underprivileged and homeless citizens.

Economic Housing
BP 220 – a type of housing project provided to average income
families.
R.A. 7279 (UDHA) - refers to a type of housing project with
lower interest rates and longer amortization periods provided
to moderately low income families as defined under existing
laws, rules and regulations

Medium Cost and Open Market(PD 957)

 Refers to housing projects where prices of house and lot
packages are within the suggested price ranges as determined
through Housing Devt. & Urban Coordinating Council (HUDCC)
resolution and falling under the standards prescribed in PD
957.

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PD 957 – OPEN MARKET
No Price ceiling

BP 220 – LOW COST HOUSING

ECONOMIC: MAX SELLING PRICE
SOCIALIZED: MAX SELLING PRICE

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Technical Guidelines and Standards for Subdivision
1. Availability of basic needs
2. Conformity with the Zoning Ordinance or Land use Plan of the
City/Municipality.
3. Physical suitability

Basic Need of Human Settlements

1. Water
2. Movement and Circulation
3. Storm Drainage
4. Solid and Liquid waste disposal
5. Parks and Playground
6. Power
Planning Considerations
1. Area Planning
2. Site Preservation/Alternation
3. Easements
4. Circulation

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Easements
Subdivision projects shall observe and conform to the
provisions of easements as may be required by:
1. Water Code of the Philippines on water bodies
2. National Power Corporation(NPC) on transmission lines.
3. Fault traces as identified by PHILVOCS
4. Right-of-way of other public companies.
5. Loading and unloading for projects abutting national
roads.

Water Code of the Philippines (P.D. 1067)

 Three (3) meters easement along the banks of rivers and
streams and the shores of the seas and lakes in URBAN
areas.
 Twenty (20) meters in agricultural areas
 Forty (40) meters in forest areas.

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 Transmission Lines

STANDARD EASEMENT (meters)

VOLTAGE LEVEL
Minimum
15
69 KV
30
115 KV
30
138 KV
40
230 KV
50
350 KV
60
500 KV

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Memorial Parks / Cemeteries
Minimum easement of 25 meters shall be provided
Land Allocation
There shall be no fixed ratio between the saleable portion and
non – saleable portion of a subdivision project.

Definition of Terms
Open space - shall refer to areas allocated for the following:
1. Circulation
2. Community Facilities
3. Parks and Playground
4. Easements
5. Courts
Parks/Playground - that portion of the subdivision which is
generally not built on and intended for passive or active
recreation.
Community Facilities – facilities or structures intended to
serve common need and for the benefit of the community, such as
neighborhood/multi-purpose center, drugstore, school,
livelihood center and the like.

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Parks and Playgrounds Allocation

 Economic Housing

Density (no. of lots/DU per Hectare) Allocation (% of gross area for PP)

100& below 3.5%

107-120 4%

121-130 5%

131-140 6%

141-150 7%

Above 150 9%
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  Socialized Housing

Density (no. of lots/DU per Hectare) Allocation (% gross are for PP)

• 150 and below • 3.5%

• 151-160 • 4%

• 160-175 • 5%

• 176-200 • 6%

• 201-225 • 7%

• Above 225 • 9%

Density and Allocation for Socialized Housing are same with Economic
Housing . An addition of 1% increment for every 10 or fraction thereof
above 225.
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 Community Facility
Allocation
Economic Housing Socialized Housing

Density (No. of lots Allocation (% of Density (No. of lots Allocation (% of gross

/DU*per hectare) gross area for CF) /DU*per hectare) area for CF)

150 and below 1.0 150 and below 1.0

151-225 1.5 151-225 1.5

Above 225 2.0 Above 225 2.0

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 Hierarchy of Roads
PROJECT SIZE ECONOMIC HOUSING SOCIALIZED HOUSING

2.5 has and below Major, minor, motor, court, Major, minor, motor, court,
alley pathwalk
Above 2.5-5 -do- -do-

Above 5-10 Major, collector, minor, -do-

motor, court, alley

Above 10-15 -do- Major, collector, minor,

motor, court, alley

Above 15-30 -do- -do-

Above 30 -do- -do-

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PROJECT SIZE (has) RIGHT OF WAY (m)

ECONOMIC HOUSING SOCIALIZED HOUSING

Major Collector Minor Major Collector Minor

2.5 and below 8 - 6.5 8 - 6.5

Above 2.5 -5.0 10 - 6.5 10 -
Above 5.0-10 10 8 6.5 10 -
Above 10-15 10 8 6.5 10 8
Above 15-30 12 8 6.5 10 8
Above 30 15 10 6.5 12 10
ROW CARRIAGEWAY ROW CARRIAGEWAY
Motor Court 6 5 6 5
Alley 2 - - -
Pathwalk - - 3

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 Width of Planting Strips and Sidewalks

ECONOMIC HOUSING SOCIALIZED HOUSING

Right –of-way Planting Strip Sidewalk Planting Strip Sidewalk (m)

(M) (m) (m) (m)

15 1.3 1.2 1.3 1.2

12 0.8 1.2 0.8 1.2

10 0.8 1.2 0.8 1.2

8 0.4 0.6 0.4 0.6

6.5 Optional 0.5 Optional 0.5

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 MINIMUM LOT AREA
Type of ECONOMIC HOUSING (SQM) SOCIALIZED HOUSING (SQM)
Housing

a) Single detached 72 64

b) Duplex/single attached 54 48

c) Row Houses 36 28

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 MINIMUM LOT FRONTAGE
Type of Housing ECONOMIC HOUSING SOCIALIZED HOUSING
Lot

1) Single detached

a. Corner Lot - 8m 8m

b. Regular Lot - 8m 8m
c. Irregular Lot - 4m 4m
d. Interior Lot – 3m 3m
2) Duplex/Single Attached 6m 6m
3) Row House 4m 3.5 m

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• Shell House – a habitable dwelling unit which meets minimum
requirements for a housing core with the following additional
components being includes as part hereof:
1. All exterior walls to enclose the unit
2. Openings for doors and windows
3. Plumbing fixtures
4. Electrical wiring within the unit
5. Floor

Complete House – meets the minimum requirements for a shell house

within following additional components:
1. Doors and windows to enclose the unit
2. Partition walls for separating functional areas.

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House Requirements

(Minimum Floor Area)

Economic Housing Socialized Housing

22sqm. 18sqm.

 Minimum Level of
Completion

Economic Housing Socialized Housing

Complete house based on the Shell house with doors and windows
submitted specifications to enclose the unit

 Minimum Setback Yard

Economic and Socialized Housing

• Front Setback • 1.5m

• Side Yard • 1.5m
• Rear Yard • 2.0m
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 Building Design Standards
Minimum ceiling height of headroom clearance 2.0m
Mezzanine Floor (less than 50% of ground floor area) 1.8m
Door clear height 2.0m
Bathroom/Mezzanine 1.8m
 Door Openings

Main Door 0.80m

Service/Bedroom Doors 0.70m
Bathroom Door 0.60m

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Licensed and Registered Professionals for Subdivision Plan

Professional/s Plans / Documents

Architect ,Environmental Planner ,Civil Site Development Plan

Engineer or Geodetic Engineer

Geodetic Engineer Vicinity map ,Topographic plan ,Survey

design

Civil Engineer Road Geometric and Structural design

Sanitary Engineer or Civil Engineer Storm Drainage and Sanitary Plan

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• Required Minimum level of development before the issuance of License of Sell for
Subdivision projects:

 Land clearing and grubbing ,road tracing ,earth works

 Sub-base and base preparation activities ,and
 Entrance gate if included in the brochure ,advertisement or development plan

BP 220 (Multi – Family Dwellings and Condominiums)

Non-Residential Area/use
Shall not exceed 25% of the total residential area
Minimum Distance Between 2 Buildings

Height of Taller Minimum Distance Between 2 Buildings

Building
2 storeys 15m 4.0 meters
3 or 4 storeys 20 6.0 meters
More than 4 storeys 6m 10 meters

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Parking Requirements
• One (1) parking slot per eight (8) living units
• Average Dimension – 2.5 meters x 5.0 meters for perpendicular or diagonal
parking 2.15 meters x 6.0 meters for parallel parking

Parking Dimensions
• Perpendicular or diagonal parking • 2.5 m x 5.0 m
• Parallel parking • 2.15 m x 6.0 m

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PD 957 The Subdivision and Condominium Buyer’s Protective Decree

Parks and Playgrounds Allocation

Density (no. of lots/DU per hectare Allocation (% of gross area for PP)

20 and below 3.5%

21-25 4%

26-35 5%

36-50 6%

51-65 7%

Above 65 9%

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Automatic fire alarm suppression system should be provided for structure more than
15 meters in height.
Elevator Requirements
• Provision for elevators shall be required for buildings 6 storeys and beyond
Minimum Floor Area of Living Units

Economic Housing Social Housing

22 sqm. 18 sqm.

Required minimum level of development before the issuance of License to

Sell for Condominium projects:

• Civil and Structural works of foundation to include excavation ,pile

,driving ,concreting ,steel reinforcement and formworks.

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• In no case shall the number of row houses exceeds 20 units per block/cluster and or
beyond 100 meters in length.

a. Minimum level of Completion

a.1 Single Detached Complete house (based on the

submitted specification)
a.2 Duplex Same

a.3 Row House

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P.D. 957 Design Standards and Guidelines for Residential
Condominium Projects
A. Site Criteria
B. Planning Consideration
C. Design Parameters
A. Site Criteria Shall conform to
• Comprehensive
• Zoning Ordinance
• National Building Code

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B. Planning Consideration
• Supplementary and supportive activities to residential use shall be
allowed
• Open Spaces shall be provided within the Project site pursuant to the
National Building Code
• Easements for utilities shall be integrated with land circulation
system
• Building orientation on lot shall take into account proper ventilation,
sunlight and land characteristics
• No development shall be allowed within the 5-meter mandatory
easement on both sides of the Marikina Valley Fault trace and such
other fault traces as nay be identified by PHILVOCS

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C. Design Parameters
• Parks & Playground shall be required for:
Project with a gross saleable area of 1,000 square meters, OR
Projects with ten (10) or more condominium units. Except when the
condominium is part of a subdivision project OR not more than 800 meters
from a publicly accessible park / playground
Parking Space Requirements
• Residential Condominium Units
• Parking slot requirement shall be in accordance with the National Building Code
• Off-site parking may be allowed in addition to the on-site parking provided that the
designated parking area is part of the project
• Compliance with additional parking spaces as required by local ordinance shall be
mandatory
• Commercial Condominium Units
• Parking slot requirement shall be in accordance with the National Building Code
• Off-site parking may be allowed in addition to the on-site parking provided that the
designated parking area is part of the project OR the project is within the commercial
subdivision where common parking is part of the approved subdivision plan and that
parking arrangements are explicitly indicated in the contract of sale of property to be
developed
• Off-site parking shall not be located 200 meters from condominium project

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Basic Facilities and Services
Service Area
Adequate laundry and drying areas shall be provided
Where such service areas are held in common, they shall have suitable
outdoor locations, fenced or screened and kept away from living rooms,
entrance or front yards.
Mechanical Equipment
Provision of elevators shall conform to the plans and specifications of
the duly licensed architect/engineer Shall be in accordance with the
National Building Code, the Accessibility Law, national industry
standards and other pertinent laws.
Refuse Collection/Disposal
Centralized garbage depository area and efficient refuse collection and
disposal services shall be provided it shall conform to the provision of
the sanitation Code of the Philippines.

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Floor Area Requirements
Single - Occupancy Unit
Minimum floor area shall be 18 square meters

A net floor area of 12 square meters may be allowed provided that;

These are intended for students/employees/workers and provided
further that the condominium project is within highly urbanized areas.
The same shall be provided with basic common facilities such as
laundry /drying area and support amenities such as visitor’s lounge and
dining area.
Such facilities shall be explicitly indicated in the master deed / contract
to sell.

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MODULE 4SUMMARY
• DTI (MINISTRY ORDER NO. 39 SALIENT POINT
• RESA LAW (RA 9646) SALIENT POINT

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