Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

F RECEN' ED

SIXTEENTH CONGRESS
First Regular Session

House Bill No, _ 1196

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

Condominium living in the Philippines has been expanding and growing in
the recent years, Now, condominiums have become more commercialized than
ever, it is even marketed by developers and owners as a new way of life for
modern Filipinos, Indeed, many condominium projects that are emerging
promises to provide all sorts of amenities that could range from a simple
basketball court to an extravagant spa club and resort-type swimming pool

Given all the comforts supposedly derived from this lifestyle it is not
surprising to see more and more Filipinos embracing condominium living
However, it is not without any disadvantage for living in condominiums in highly
urbanized and polluted metropolis could be very constricting and stressful. Thus,
there must be a compromise to this modern set-up so that we could enjoy the
fast-paced life while frolicking still in healthy urban environment.

In keeping with Section 16, Article Il of the 1987 Constitution which
provides that “the State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with rhythm and harmony of nature,”
Republic Act No. 4726, otherwise known as the Condominium Act, must be
amended so that establishment of green areas could be mandated in all
residential and commercial condominium projects nationwide.

In view of the foregoing, passage of this bill is urgently sought.

y en
MARCELINO “MARCY” R. TEODORO

Representative, 1* District
City of Marikina

E REP! RESET

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1196

House Bill No.

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
PROVIDING FOR THE ESTABLISHMENT, DEVELOPMENT AND.
MAINTENANCE OF GREEN AREAS IN ALL RESIDENTIAL AND
COMMERCIAL CONDOMINIUM PROJECTS NATIONWIDE, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO, 4726 OTHERWISE KNOWN AS THE
CONDOMIMINIUM LAW, AND FOR OTHER PURPOSES

SECTION 1. Title. -- This Act shall be known as "Green Area in
Condominium Act.”

SEC. 2. Declaration of Policy. -- It is hereby declared as a national policy
to build, establish and maintain green areas in all residential and commercial
condominium projects nationwide in order to promote balance and healthful
ecology, improve the quality of urban landscape and environment, and preserve
and increase biodiversity in urban areas

SEC. 3. Scope. -- This Act shall cover all residential and commercial
condominium projects to be established and built after the effectivity of this Act.

SEC. 4. Definition of Terms. -- As used in this Act, the following
definitions shall apply:

a. Environment - the surroundings; all the conditions, circumstances and
influences surrounding and affecting the development of an organism or
group of organisms;

b, Green Area — an open space reserved primarily for plants and trees but
may likewise be used for parks, playgrounds, leisure and recreation uses,
promenade, and other similar facilities and amenities where soft (i.e.
plants, trees) and hard (i.e. pavement, benches) landscape may be found

SEC. 5. Objectives. -- Pursuant to the policy declared herein, it is the
objective of this Act:

a. To build, develop and maintain green areas in all residential and
commercial condominium projects; and

b. To provide a scenic environment for all residents and occupants of
residential and commercial condominium projects to enjoy.

SEC. 6. Every owner and/or developer of residential and commercial
condominium projects after the effectivity of this Act shall reserve, develop and


maintain not less than thirty percent (30%) of the total area of the project,
exclusive of roads, service streets and alleys, as open space for green areas.

No Certificate of Registration, Development Permit and License to Sell for
condominium projects shall be approved and issued by the Housing and Land
Use Regulatory Board or any office or agency of the government unless
compliant to the requirement of foregoing paragraph on green areas.

SEC. 7. Sec. 4 of REPUBLIC ACT NO. 4726 is hereby amended to read
as follows:

“Sec. 4. The provisions of this Act shall apply to property divided or to be divided
into condominium only if there shall be recorded in the Register of Deeds of the
province or city in which the property lies, and duly annotated in the
corresponding certificate of title of the land, if the latter had been patented or
registered under either the Land Registration or Cadastral Acts, an enabling or
master deed which shall contain, among others, the following:

a) Description of the land on which the building or buildings and
improvements are to be located;

b) Description of the building or buildings, stating the number of storeys and
basement, the number of units and their accessories, if any;

c) Description of the common areas and facilities;

d) A statement of the exact nature of the interest acquired or to be acquired
by the purchased in the separate units and the common areas of the
condominium projects. Where title to or to appurtenant interests in the
common areas is to be held by a condominium corporation, a statement to
this effect shall be included;

e) A certificate of the registered owner of the property, if he is other than
those executing the master deed, as well as of all registered holders of any
lien or encumbrances on the property, that they consent to the registration of
the deed;

f) The following plans shall be appended to the deed as integral parts thereof:

1. A survey plan of the land included in the project, unless a survey plan of
the same property had previously been filed in said office.

2. A diagrammatic floor plan of the building or buildings each unit, its
relative location and approximate dimensions.

g) Any reasonable restriction not contrary to law, morals, or public policy
regarding the right of any condominium owner to alienate or dispose off his
condominium.

h) The enabling or master deed may be amended or revoked upon
registration of an instrument executed by a simple majority of the registered
owners of the property: Provided, That in a condominium project exclusively
for either residential or commercial use, simple majority shall be on a per unit
of ownership basis and that in the case of mixed use, simple majority shall be
on a floor area of ownership basis: Provided, further, That prior notifications to
all registered owners shall be submitted to the Housing and Land Use


Regulatory Board and the city/municipal engineer for approval before it can
be registered. Until registration of a revocation, the provisions of this Act shall
continue to apply to such property,

|) NO ENABLING OR MASTER DEED SHALL BE REGISTERED UNLESS.
THERE IS A SHOWING THAT THE DEED AS WELL AS OTHER PLANS
REQUIRED TO BE APPENDED THERETO CONTAINS PROVISION FOR
THE RESERVATION, DEVELOPMENT AND MAINTENANCE OF GREEN
AREAS AS DEFINED UNDER THE LAW.

PROVIDED, FURTHER THAT NO BUILDING PLANS AND.
SPECIFICATIONS SHALL BE APPROVED, OR DEVELOPMENT PERMIT,
CERTIFICATE OF REGISTRATION AND LICENSE TO SELL ISSUED
UNLESS COMPLIANT WITH GREEN AREA PROVISION REQUIREMENT.”

SEC. 8. Sec. 25 of REPUBLIC ACT NO. 4726 is hereby amended to read
as follows:

“Sec, 25. The building and design standards for condominium projects to be
promulgated by HLURB shall provide for, among others, THE RESERVATION,
DEVELOPMENT AND MAINTENANCE OF GREEN AREAS, AND accessibility
features for disabled persons pursuant to Batas Pambansa Bilang 344 of 1994.”

SEC. 9. Penalties. -- Any officer of the duly designated enforcement
agency who neglect or fails to enforce the provisions of this Act shall be
administratively liable and in addition, punished by a fine of not less than Five
Hundred Thousand Pesos (P500,000.00) but not more than Two Million Pesos.
(P2, 000,000.00), without prejudice to the filing of appropriate criminal charges.

SEC. 10. Implementing Rules and Regulations. -- The Housing and
Land Use Regulatory Board shall have the power to promulgate the pertinent
rules and regulations as may be necessary to fully implement the objectives and
purposes of this Act within a period not to exceed one hundred eighty (180) days
from approval hereof.

SEC. 11. Separability Clause. -- If any provision or part of this Act is
declared unconstitutional, such declaration of unconstitutionality shall not affect
other provisions of this Act.

SEC. 12. Repealing Clause. -- All laws, decrees, rules, and regulations,
or parts thereof, inconsistent with this Act are hereby repealed or modified
accordingly.

SEC, 13. Effectivity Clause. - This Act shall take effect upon its
publication in at least two (2) newspapers of general circulation.

Approved,