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SEVENTEENTH CONGRESS ) ” RE a
REPUBLIC OF THE PHILIPPINES —) 2 CEIVED
Second Regular Session ) oat
HOUSE OF REPRESENTATIVES
House Bitt No, 8453

Introduced by Representative VICTOR A. YAP

EXPLANATORY NOTE

The rapid development of the information and communications technology sector has
defined seamless geographical boundaries across nations in the exchange of information through
various telecommunications facilities and services. Relevance of this sector is almost always felt
in every facet of our socio-economic and political activity. The emerging digital global economy
has integrated into the delivery of business services the use of information and communications
technology infrastructure to boost competitiveness. Governments throughout the world are
geared towards the development and management of information systems to streamline and
improve efficiency in the delivery of basic services to the people. Computer literacy of a
workforce is necessary to be able to participate in the new electronic area.

Telecommunication companies (telcos) reported in Congressional hearings, among
others, that the objection to the installation of cell sites is a stumbling block in telcos’ roll out of
much needed infrastructure aimed at improving internet speed and mobile connectivity.

Based on a February 2016 study of TowerXchange, the number of unique physical cell
sites in the Philippines is one of the lowest in Asia with a combined15,000 cell sites. China has
the highest number with 1.18 million cell sites, followed by India with 450,000, Indonesia with
76,477 cell sites while Vietnam has 55,000, Thailand with 52,483, Pakistan with 28,000,
Bangladesh with 27,000 and Malaysia with 22,000 sites. The Philippines with 15,000 cell sites,
ranks higher only than Cambodia with 9,000, Myanmar which has 7,620 and Sri Lanka, 7,000

To address the problem of mobile and internet connectivity especially in residential areas
where the same is not adequately provided due to lack of telecommunication infrastructure, it has
become imperative for the government to take measures to ensure universal access to reliable
and affordable services and protect the interests and welfare of both of the industry players and
the consuming public

In view of the foregoing, the immediate passage of this bill is earnestly sought



SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Second Regular Session )

HOUSE OF REPRESENTATIVES

6453

House Bill No.

Introduced by Representative VICTOR A. YAP

AN ACT
STRENGTHENING THE VITAL ROLE OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY, AMENDING FOR THE PURPOSE
PERTINENT PROVISIONS OF PRESIDENTIAL DECREE 957, OTHERWISE KNOWN
AS THE “SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE”,
AS AMENDED BY PRESIDENTIAL DECREE 1216

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

SECTION 1. Section 31 of Presidential Decree No. 957 is hereby further amended by inserting
new sub-sections 31-A and 31-B to read as follows

“SECTION 31-A. FOR PURPOSES OF THIS ACT, THE TERM “UTILITY
SPACE” SHALL MEAN AN AREA RESERVED EXCLUSIVELY FOR
UTILITIES SUCH AS WATER, POWER AND TELECOMMUNICATIONS.

THE DEVELOPER SHALL ALLOCATE ADEQUATE UTILITY SPACE
RESERVED FOR TELECOMMUNICATION INFRASTRUCTURE AND
FACILITIES AND OTHER SIMILAR FACILITIES AND AMENITIES.
TELECOMMUNICATION INFRASTRUCTURE SHALL INCLUDE, BUT
NOT LIMITED TO, CELL SITES, BASE STATIONS AND OTHER
TELECOMMUNICATION APPARATUS NEEDED TO PROVIDE
TELECOMMUNICATIONS SERVICETHE DESIGN, LOCATION AND
PERIMETER DISTANCE OF THESE FACILITIES SHALL CONFORM TO
THE GUIDELINES, STANDARDS, RULES AND REGULATIONS OF THE
HOUSING AND LAND USE REGULATORY BOARD (HLURB),
DEPARTMENT OF HEALTH, AND THE NATIONAL BUILDING CODE.

THE PROPOSED LOCATION OR THE UTILITY SPACE SHALL BE
IDENTIFIED IN THE SUBDIVISION PLAN PRIOR TO SUBMISSION TO
THE HLURB.


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31

32
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IT SHALL BE THE DUTY OF THE DEVELOPER TO ENSURE THAT THE
BROKERS, SALES PERSONS, AND DEALERS ARE AWARE OF THE
LOCATION OF THE UTILITY SPACE AND SUCH INFORMATION IS
PROPERLY DISSEMINATED TO THEIR PROSPECTIVE BUYERS.

THE APPROVAL OF THE HOMEOWNERS ASSOCIATION SHALL NO
LONGER BE REQUIRED IN THE USE OF UTILITY SPACE FOR
TELECOMMUNICATION INFRASTRUCTURE AND FACILITIES AND
OTHER SIMILAR FACILITIES AND AMENITIES.”

“SECTION 31-B - THE HOUSING AND LAND USE REGULATORY
BOARD SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
PUBLIC WORKS AND HIGHWAYS, THE NATIONAL
TELECOMMUNICATIONS COMMISSION, ISSUE THE NECESSARY
RULES AND REGULATIONS FOR TELECOMMUNICATION
INFRASTRUCTURE AND FACILITIES AND OTHERS SIMILAR
FACILITIES AND AMENITIES, FOR THE EFFECTIVE IMPLEMENTATION
OF THIS ACT NOT LATER THAN NINETY (90) DAYS FROM ITS
EFFECTIVITY "

SECTION 2. Repealing Clause — All laws, presidential decrees, executive orders,
proclamations and/or administrative regulations which are inconsistent with the provisions of
this Act are hereby amended, modified, superseded or repealed accordingly

SECTION 3.Separability Clause. - If, for any reason, any section or provision of this Act or any
part thereof, or the application of such section, provision or portion is declared invalid or
unconstitutional, all the other provisions not affected thereby shall remain valid.

SECTION 4 Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.