Republic ofthe Philippines
Ronse of Representatives
Quexon City, Metra Mails

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6098

Introduced by Representative Erico Aristotle C. Aumentado

EXPLANATORY NOTE

This bill seeks to require subdivision and condominium owners or developers,
and local government units (LGUs) implementing their respective local housing
programs to provide spaces for tree planting within their respective project sites.

Section 16, Article II of the 1987 Constitution states:

“SEC. 16. 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 1976, Presidential Decree No. 953 was issued requiring the planting of trees
in certain places reserved for the common use and enjoyment of the owners of
subdivision lots. Likewise, Presidential Decree (PD) No. 957 mandates property
developers to allocate a certain portion of land for planting strips. In 1977, Section
31 of PD 957 was amended by PD 1216 to further require that any plans of the
subdivision project shall include tree planting in the open spaces reserved for parks,
playgrounds or recreational use. These issuances are now fully-covered by the
authority of the Housing and Land Use Regulatory Board (HLURB). However, by
virtue of Executive Order (EO) No. 71, Series of 1993, the approval of preliminary
as well as final subdivision plans and schemes has been devolved to the cities and
municipalities but the authority to approve plans for condominium projects remain
with the HLURB.

Bill Drafting Service


On February 24, 2011, then President Benigno Aquino III issued EO 26,
Series of 2011, to launch the National Greening Program (NGP) in response to
worldwide concern on global warming. The EO aims to plant 1.5 billion trees in 1.5
million hectares within 2011 to 2016 to areas covering forestlands, mangrove and
protected areas and urban areas under the greening plan of the local government
units.

In order to sustain the impact and significance of the NGP, this bill, therefore,
proposes to focus the planting of trees in designated open spaces within subdivision
or condominium development projects. Thus, owners or developers of subdivision
and condominium projects, and LGUs implementing their respective local housing
programs, are required to provide open spaces for tree planting within their
respective projects sites. The bill aims to help reduce air pollution, particularly in
Metro Manila and other urban areas, as a result of rapid urbanization. The tree
planting program is intended to help curtail the impact of global warming, prevent
irreparable damage to the environment, increase biodiversity and the general sense
of well-being of the people. Further, the bill provides a corresponding penalty to
violators.

In view of the foregoing, passage of this bill is highly recommended.



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Republic ofthe Philippines
House of Representatives
Quezon City, Meteo Manila

Seventeenth Congress
Second Regular Sessior
6098

HOUSE BILL NO.

Introduced by Representative Erico Aristotle C. Aumentado

AN ACT
REQUIRING SUBDIVISION AND CONDOMINIUM OWNERS OR
DEVELOPERS, AND LOCAL GOVERNMENT UNITS
IMPLEMENTING HOUSING PROJECTS, TO PROVIDE OPEN SPACES
FOR TREE PLANTING AND PROVIDING PENALTY FOR VIOLATION
THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the “Subdivision
and Condominium Tree Planting Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and
advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. Towards this end, the State shall require
subdivision and condominium owners or developers, and local government units
(LGUs) implementing their respective housing projects, to provide open spaces
within their project sites, and implement a sustainable tree planting development

program.

Bill Drafting Service


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SEC. 3. Definition of Terms. — As used in this Act;

(a) Condominium project refers to the entire parcel of real estate
property divided or to be divided primarily for residential purposes into
condominium units, including all structures thereon;

(b) Developer refers to the person who develops or improves the
subdivision or condominium project for and in behalf of the owner thereof;

(©) Open space refers to the area reserved exclusively for parks,
playgrounds or recreational uses;

(d) Owner refers to the registered owner of the land subject of a
subdivision or a condominium project; and

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

SEC. 4. Coverage. — This Act applies to all subdivision and condominium
owners or developers with projects developed for residential, industrial or
commercial purposes, and LGUs implementing their respective housing projects,
in accordance with Republic Act No. 7279, as amended, otherwise known as the

“Urban Development and Housing Act of 1992.”


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SEC. 5. Open Space for Tree Planting. — All subdivision and
condominium owners or developers, and LGUs implementing their respective
housing projects, shall provide open spaces which shall be reserved for parks,
playgrounds, recreational use and tree planting purposes.

In the case of subdivision owners or developers, Section 31 of Presidential
Decree No. 957, as amended by Presidential Decree No. 1216, shall be observed
with regard the requirement to provide open spaces in their project sites.

The plans of the subdivision and condominium projects shall include a tree
planting development program on such open spaces as may be designated by the
Housing and Land Use Regulatory Board (HLURB) in the case of condominium
projects, and LGUs in the case of subdivision projects, in coordination with the
Department of Environment and Natural Resources.

SEC. 6. Subdivision and Condominium Tree Planting Development
Program. — All subdivision and condominium owners or developers, and LGUs
implementing their respective housing projects, shall institute a tree planting
development program for the open spaces within their respective development
project sites as indicated in their project plans.

The plan for a subdivision project shall not be approved by the authorized
LGU unless it includes the required open space and a sustainable tree planting
program which shall be undertaken within three (3) years from approval of the

subdivision plan.


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The plan for a condominium project shall not be approved by the HLURB
unless it includes the required open space and a sustainable tree planting program
which shall be undertaken within three (3) years from the approval of the
condominium plan.

SEC. 7. Tree Maintenance. — The owner or developer of subdivision and
condominium projects, and LGUs implementing their respective housing
projects, shall be responsible for maintaining the planted trees in the open spaces
to ensure that all trees are healthy, growing vigorously and have a fully
established root system. They shall water all trees on a weekly basis and shall
regularly inspect all the planted trees, which shall include the inspection of the
tree stakes, removal of broken or dead branches and the responsibility to replace
any tree that dies or becomes unhealthy.

The homeowners’ association who is a recipient of the open spaces donated
and turned-over to them by the owner or developer of the subdivision project,
with the consent of the corresponding LGU, in accordance with Section 31 of PD
957, as amended by PD 1216, shall also be responsible for the maintenance of the
planted trees and shall implement a tree planting development program on such
‘open spaces.

SEC. 8. Penal Provision. — (a) An owner or developer of a subdivision or
condominium project who violates Sections 5, 6 and 7 of this Act, or any
regulation promulgated thereunder, shall be punished with a fine of not less than

Five hundred thousand pesos (P500,000.00), but not more than One million pesos

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(P1,000,000.00) or imprisonment of not less than six (6) months, but not more
than two (2) years, or both at the discretion of the court. If the violation is
committed by an association, partnership, or corporation, its managing directors
or partners or president or general manager, and other persons responsible for the
violation shall be liable for the penalties provided for in this Act. In case the
offender is a foreigner, the offender shall immediately be deported after payment
of the fine and service of the sentence without need of further proceedings.

(b) The president, other officers and members of the board of directors
of a homeowners’ association, which fails to maintain the planted trees in the
designated open spaces of the subdivision or fails to implement a tree planting
program as required under Section 7 of this Act shall be punished with a fine of
Ten thousand pesos (P10,000.00).

(©) Any public officer who approves the plan for a subdivision or
condominium project which fails to comply with the requirement to provide open
spaces for tree planting and a tree planting development program as provided
under Sections 5 and 6 of this Act, shall be punished with a fine of not less than
Five hundred thousand pesos (P500,000.00) or imprisonment of not more than
six (6) years, or both at the discretion of the court.

(d) Local chief executives of LGUs implementing their respective
housing projects who fail to comply with the requirements under this Act shall be

administratively liable under existing laws.


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(©) Prosecution under this Act shall be without prejudice to any
administrative case that may be filed against the offending public officer.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days
upon the approval of this Act, the Secretary of Environment and Natural
Resources and the Secretary of the Interior and Local Government, in
coordination with the Chairperson of the HLURB, shall issue the necessary rules
and regulations for the effective implementation of this Act.

SEC. 10. Repealing Clause. — All laws, decrees, executive orders or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

SEC. 11. Effectivity.— This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,