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PRESIDENTIAL DECREE NO. 1216
PRESIDENTIAL DECREE NO. 1216 -
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING Section
31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO
PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR
RECREATIONAL USE
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WHEREAS,
there is a compelling need to create and maintain a healthy environment
in human settlements by providing open spaces, roads, alleys and
sidewalks as may be deemed suitable to enhance the quality of life of
the residents therein; chanroblesvirtualawlibrary
WHEREAS, such open spaces, roads, alleys and sidewalks in residential
subdivision are for public use and are, therefore, beyond the commerce
of men; chanroblesvirtualawlibrary
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty
percent (30%) of the total area of a subdivision must be reserved,
developed and maintained as open space for parks and recreational
areas, the cost of which will ultimately be borne by the lot buyers
which thereby increase the acquisition price of subdivision lots beyond
the reach of the common mass;chanroblesvirtualawlibrary
WHEREAS, thirty percent (30%) required open space can be reduced to a
level that will make the subdivision industry viable and the price of
residential lots within the means of the low income group and at the
same time preserve the environmental and ecological balance through
rational control of land use and proper design of space and facilities;chanroblesvirtualawlibrary
WHEREAS, pursuant to Presidential Decree No. 757, government efforts in
housing, including resources, functions and activities to maximize
results have been concentrated into one single agency, namely, the
National Housing Authority:cralaw:red
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. For purposes of this Decree, the term
"open space" shall mean an area reserved exclusively for parks,
playgrounds, recreational uses, schools, roads, places of worship,
hospitals, health centers, barangay centers and other similar
facilities and amenities.
Section 2. Section 31 of Presidential Decree No. 957
is hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. —
The owner as developer of a subdivision shall provide adequate roads,
alleys and sidewalks. For subdivision projects one (1) hectare or more,
the owner or developer shall reserve thirty percent (30%) of the gross
area for open space. such open space shall have the following standards
allocated exclusively for parks, playgrounds and recreational
use: chanroblesvirtualawlibrary
a. 9% of gross area for high density or social
housing (66 to 100 family lot per gross hectare).
b. 7% of gross area for medium-density or economic
housing (21 to 65 family lot per gross hectare).
c. 3.5 % of gross area low-density or open market
housing (20 family lots and below per gross hectare).
These areas reserved for parks, playgrounds and recreational use shall
be non-alienable public lands, and non-buildable. The plans of the
subdivision project shall include tree planting on such parts of the
subdivision as may be designated by the Authority. chanroblesvirtualawlibrary
Upon their completion as certified to by the Authority, the roads,
alleys, sidewalks and playgrounds shall be donated by the owner or
developer to the city or municipality and it shall be mandatory for the
local governments to accept provided, however, that the parks and
playgrounds may be donated to the Homeowners Association of the project
with the consent of the city or municipality concerned. No portion of
the parks and playgrounds donated thereafter shall be converted to any
other purpose or purposes.
Section 3. Sections 2 and 5 of Presidential Decree
No. 953 are hereby repealed and other laws, decrees, executive orders,
institutions, rules and regulations or parts thereof inconsistent with
these provisions are also repealed or amended accordingly. chanroblesvirtualawlibrary
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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