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First Regular Session ) pare: 19 een 2 \

TIME:
BY:
HOUSE OF REPRESENTATIVES &

H.B. No. A158

Introduced by REP. LUISA LLOREN CUARESMA
LONE DISTRICT OF NUEVA VIZCAYA

EXPLANATORY NOTE

‘This bill seeks to require all residential subdivisions to set aside an
area exclusively devoted to trees and plants that have ecological and scenic
value as a way of harmonizing infrastructure development with the
ecological improvement of the environment.

Under this bill, Government will help provide seedlings needed to
keep the subdivision parks green.

The importance of this bill cannot be stressed in the wake of the
recent tragedy that befell many Filipinos during the heavy rains and floods.
that swept the country. This bill is actually a companion bill to Senate Bill
No. 1626, which I filed banning commercial logging for the next twenty-five
(25) years. Both bills are intended to restore ecological balance.

In view of the foregoing, the bill's passage is earnestly requested

Buca, Mars Cities)

REP. fine LLOREN CUARESMA


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SEVENTEENTH CONGRESS )
OF THE PHILIPPINES
First Regular Session )

HOUSE OF REPRESENTATIVES
HB. Nod 158

Introduced by REP. LUISA LLOREN CUARESMA
LONE DISTRICT OF NUEVA VIZCAYA

AN ACT
GRANTING INCENTIVES To SUBDIVISION HOMEOWNERS
ASSOCIATIONS TO DEVELOP AND MAINTAIN FORESTED AREAS
WITHIN THEIR SUBDIVISIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. - This Act shall be known as "The Philippine

Residential Green Parks Act of 2016."

SEC. 2. Declaration of Policy. - Art. Il, Section 16 of the
Constitution provides that "The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature". In line with this, the State hereby grants
incentives for the development and maintenance of forested areas within
subdivision projects so that a balanced and healthy environment will exist

within the community.

SEC. 3. Definition of Terms. - When used in this Act, the following

terms shall, unless the context otherwise indicate, have the following


respective meanings:

(a) "Subdivision Project" refers to a tract or parcel of land registered
under Act. No. 496, partitioned primarily for residential purposes into
individual lots, with or without improvements thereon, and offered to the
public for sale, in cash or installment terms. It shall include alll residential,
commercial, industrial and recreational areas, as well as open spaces and
other community and public areas in the project.

(b) "Association" refers to the association of homeowners within the
subdivision, organized primarily to promote the best interest and
well-being, as well as safeguard the welfare, of the residents and owners of
property in the subdivision project.

(c) "Green park" refers an area, designated on the subdivision plan, of
forested land, developed and maintained by the Association, reserved for
public use as an ecological refuge. Such green park shall be devoted
exclusively to the planting and growing of trees of any kind, flowering or
ornamental plants and shrubs, or plants of scenic, aesthetic and ecological
values.

(d) "Bureau" refers to the Bureau of Forest Development.

SEC. 4. Area. - The area of one green park shall be at least be five

percent (5%) of the total gross area of the subdivision project.

SEC. 5. Requirements. - In order to avail of the benefits granted
under Section 7 hereof, the Association shall submit to the Bureau the
plans for the development and maintenance of the green park, which shall

include:



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(a) The subdivision plan as approved by the Director of Lands, as
provided for under the second paragraph of Section 4 of Presidential Decree
No. 957;

(b) An indication of the types of trees and plants planted and grown
in the green park; and

(o) A plan for the maintenance of the green park, to ensure its
ecological viability, as well as evidence of actual application thereof for at

least one (1) year.

SEC. 6. Issuance of Certification. - Upon the submission of all
the requirements mentioned in Section 5 hereof, the Bureau shall issue a
certification to this effect. The Bureau shall also have the power to
determine whether the development and maintenance plans for the green
park meet the standards that the Bureau shall promulgate, to ensure that.
the green park creates a balanced and healthful ecology within the
community. No certification shall be issued should the development and.
maintenance plans fail to meet such standards.

The certification shall be the basis, upon application by the
Association with the proper agency or authority, for the grant of the benefits

under Section 7 hereof.

SEC. 7. Benefits. - Upon presentation of the certification, as
provided for under the second paragraph of Section 6 hereof, the
Association shall be entitled to the following benefits:

(a) The Bureau of Plant Industry shall provide the Association with

tree and plant seedlings for planting in the green park for free; and


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(b) The city or municipal government where the green park is located
shall provide the Association with tools and implements, for free to be used

exclusively for the maintenance of the green park.

SEC. 8. Prohibition. - In no case shall any artificial structure or
improvement be constructed within the boundaries of the green park,
unless such artificial structures or improvements are absolutely necessary
for the development and maintenance of the Green park, as well as the

preservation of the ecological system contained therein.

SEC. 9, Cancellation of Certification. - If at any time, the Bureau
determines, upon application of any person, that the state and condition of
the green park ceases to serve its purpose, or that the standards of the
Bureau are no longer met, the Bureau shall cancel its certification, Such
cancellation shall result to the withdrawal of all benefits already granted or
availed of under Section 7 hereof and no benefits may be further availed of

by the Association.

SEC. 10. Re-application. - If, within a reasonable time, as
determined by the Bureau, from the time of the cancellation of the
certification, as provided for under Section 9 hereof, the Bureau approves a
re-application by the Association for the certification, as provided for under
Section 5 of this Act, the benefits granted under Section 7 hereof may be
availed of pursuant to the terms and conditions provided for under Section

6 and Section 9.


SEC. 11. Repealing Clause. - All laws, decrees, executive orders,
letters of instruction, proclamations, rules and regulations inconsistent

with this Act shall be modified, amended or repealed accordingly.

SEC. 12. Separability Clause. - lf for any cause, any part of
provision of this Act is declared invalid or unconstitutional, the remainder

or any part or provision not affected thereby shall remain in force and effect.

SEC. 13, Bffectivity. - This Act shall take effect after fifteen (15)

days following its publication in the Official Gazette or in at least two (2)

newspapers of general circulation,

Approved,