Republic of the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2795

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 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 | 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 passage of this bill is earnestly sought.

- Ay
3A LLOREN CUARESMA


Republic of the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._ 2705

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 “Philippines Residential Green
Parks Act of 2016.”

SECTION 2. Declaration of Policy. — Art. II, 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.

SECTION 3. Definition of Terms. — When used in this Act, the following terms shall,
unless the context otherwise indicate, have the following respective meanings.

(a) Subdivisions 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 all 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 the property in the subdivision project.


(c) “Green Park” refers to 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 oramental plants and shrubs, or plants of scenic,
aesthetic and ecological value.

(d) “Bureau” refers to the Bureau of Forest Development.

SECTION 4, Area, - The area of one green park shall be at least be five (5%) of the
total gross area of the subdivision project.

SECTION 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:

(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

(c) 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.

SECTION 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 valanced 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.

SECTION 7. Benefits. - Upon presentation of he 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 and Industry shall provide the Association with tree and plant
seedling for planting in the green park for free; and

(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.


SECTION 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.

SECTION 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 an no benefits may be further availed of by the Association.

SECTION 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
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.

SECTION 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.

SECTION 12. Separability Clause, — If for any cause, any part of the 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.

SECTION 13. Effeetivity Clause. — 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,