FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
Pinot Regudar Session )

HOUSE OF REPRESENTATIVES
CC 320

House Bill No._

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE
Article 2, Section 16 of the Constitution states 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

\s the real estate industry boomed over the last decade, because of lowered interest
rates and increased remittances from our OFWs, many housing projects have sprouted
nationwide, Tt paved thousands of hectares of land, where trees were once standing, into roads
and houses. Mindful of the importance of open and green areas as patt of the living space of
individuals and families, some developers included green architecture in their subdivision
development plans.

However, there are some developers, if not most and especially those who are
developing low-cost housing, did not place “breathing spaces” on their projects because they
maximized the use of space, to the last comer, for building houses. Whatever open space left
is most often set aside for future use. This is a disservice to their clients and home-buyers who
will soon realize that there is a need for parks and trees to which their children can play under
the shade or relax to during weekends and holidays.

Presidential Decree No. 1216, amending Section 31 of PD No. 957 required
subdivision owners to provide roads, alleys, sidewalks and reserve open space for parks and
recreational use. However, again, after the projects have been turned over to homeowners, the
open spaces are sometimes left bare because of lack of initiative ot lack of resources.

Thus, this bill seeks to mandate the inclusion of a tree planting program for
subdivision projects and unless the owner undertakes to develop such open space within three
years from the approval of the plan. Likewise, this bill provides incentives to homeowners
associations or a group of environmentally-concerned homeowners, for that matter, which
shal] undertake the tree-planting project:

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

Representative, Second Ihistytt Df Tarlac


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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.__ 32

Introduced by Representative Susan A. Yap

AN ACT
INSTITUTING THE SUBDIVISION GREEN PARKS PROGRAM, GRANTING
INCENTIVES FOR THE PLANTING OF TREES AND THE DEVELOPMENT
AND MAINTENANCE OF FORESTED AREAS IN SUBDIVISIONS AND FOR
OTHER PURPOSES

Be it enacted by the Senat
Congress assembled:

d the House of Representatives of the Philippines in

SECTIONI, Short Title. “This Act shall he known as the “Subdivision Green Parks
Act of 2010”.

SEC. 2. Declaration of Poky. - Anticle I, 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 pursuit thereof, a National
Green Parks Program is hereby instituted, providing funds to program components and
granting incentives to sectors identified in this Act.

SEC. 3. Coverage. -This Act shall apply co all subdivisions developed for residential,
industrial or commercial purposes.

SEC. 4. Subdivision Green Park Program. - ‘Trees shall be planted and maintained in
open spaces as defined in Section 31 of Presidential Decree No, 957, as amended by
Presidential Decree No. 1216, or reserved exclusively for parks, playgrounds,
recreational uses, schools, along roads, in places of worship, hospitals, health centers,
barangay centers and other similar facilities in a subdivision project.

Every owner or developer of land subdivided and developed for residential,
industrial or residential purpose shall plant trees in areas reserved for open spaces in a
subdivision project

In cases of subdivisions developed or development plans approved before the
effectivity of this Act, it shall be incumbent upon the owner ot developer of the subdivision
project to plant tees in the open spaces reserved for the common use and enjoyment of the
lot owners as well as along roads. Where the open spaces in a subdivision project have
already been donated to the homeowners association or to the local government unit, the
homeowners association may undertake the planting of trees and avail of the incentives
provided hereunder.

‘The Department of Environment and Natural Resources (DENR) and the Housing
and Land Use Regulatory Board (HLURB) shall determine the aumber of trees to be planted
which shall not be less than thirty (30) trees per hectare, the variety of trees to be planted and
their distribution, and the size of the green patk that shall be established in the subdivision


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CC. 5, Definition of Subdivision Projet. - For purposes of this Act, a subdivision project
refers to a tract oF 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, A subdivision project shall include all
residential, commercial, industrial and recreational areas, as well as open spaces and other
community and public areas in the project.

SEC. 6. Nature of Open Space and Requirement of Tree Planting - Those areas reserved for
parks, playgrounds and re lienable and non-buildable public
lands, The plans of the subdivision project developed for residential, industeial of
‘commercial purposes shall include tree planting on such open spaces and other parts of such
project as may be practicable and as may be designated by the approving local government
unit. No portion of the parks or playgrounds may thercafier be converted to any other
purpose or purposes. No plan for a subdivision project developed for residential, industrial
or commercial purpose shall be approved by the local government in the city or municipality
where such project is located without the inclusion of a tree-planting program in such plan
and unless the owner thereof undertakes to develop such open space within chree (3) years
from the approval of the plan.

jonal uses shall be non-a

SEC. 7. Role of Homeowners Associations, - The homeowners association organized
pursuant to Section 30 of Presidential Decree No. 957, shall promote the interest and well-
being of its homeowners and assist in carrying out the provisions of this Act by nurturing
and maintaining the trees planted in the subdivision project. In the absence of a homeowners
association, a group of environmentally-concered homeowners will suffice

SEC. 8.lncentives, - The homeowners association or a group of cavironmentally
concerned homeowners within the subdivision participating in the program shall be entitled
to the following incentives:

@) Free tree and plant scediings and free technical assistance in the development and
maintenance of the subdivision green park provided by the DENR and the Department of
Agriculture (DA) and their attached agencies: Provided, ‘That the homeowners association
shall be responsible for any mortality in the seedlings planted; and (b) Free artesian well and
frve tools and implements to be used exclusively for the development and maintenance of
the subdivision green park, and to be provided by the city or municipal government having
jurisdiction over the proposed subdivision green park.

SEC. 9. Requirements. - In order to avail of the aforementioned incentives, the
homeowners association or a group of environmentally concerned homeowners shall submit
co the DENR the requirements for the development and maintenance of a subdivision green
park which they can secure from the subdivision project's owner or developer and which
shall include:

(a) The subdivision plan as approved by the DENR or the Bureau of Lands under
the thea Department of Agriculture and Natural Resources, as provided for under the
second paragraph of Section 4 of Presidential Decree No. 957;

(b) A planting plan indicating the types of trees and plants, preferably of indigenous
or endemic species or of medicinal value, that are intended to be planted and grown in the
subdivision green park; and

(© A plan for the maintenance of the subdivision green park, to ensute its ecological
viability, as well as evidence of actual application thereof for at least one (Iyear.

SEC. 10. Beological Standards. - The DENR shall promulgate the standards to ensure
that the subdivision green park instituted creates a balanced and healthful ecology within the
community

SEC. 11. Issuance of Co Upon submission of all the requirements by the
homeowners association or a group of environmentally-concerned homeowners, the ENR
shall issue a certification that the development and maintenance plans mect the ecological

standards set. The certification shall be the basis for the grant of incentives under this Act


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12. Probibition. ~ No astificial structures or improvements shall be constructed
within the subdivision green park unless such structures or improvements are absolutely
necessary for the development and maintenance of the subdivision green park, as well as the
preservation of the ecological system contained therein

SEC. 13. Cancellation of the Certification, - \f at any time the DENR determines, mot
propije or upon a verified information filed by any person, that the state and condiuon of the
subdivision green park ceases to serve its purpose, or the ecological standards set are no
longer met, the DENR shall

cancel its certification. Such cancellation shall mean that no incentives may be further
availed of.

sation.

SEC. 14. Reapplication of Cert Within a ‘reasonable time from the time of
cancellation, as determined by the DENR, the homeowners association may re-apply for a
certification. Approval of the re-application will grant the incentives mentioned under this
Act,

SEC. 15. In
formulate the ne

‘ons. - The DENR and the HILURB shall
nplem on of this Act.

SEC. 16. Penal Clause. - Any person who shall violate Sections 4, 6 and 12 hereof, or
any rules or regulations promulgaced pursuant thereto, shall be punished with imprisonment
of not less than six (6) months, but not more than avo (2) years, or he fined with not less
than Five hundred thousand pesos (P50 dur nor more than One million pesos
(P1,000,000.00),or both at the discretion of the court: Provided, ‘That in case of corporations,
partnerships, cooperatives or associations, the president, manager or administrator or the
person in charge of the administration of the business shall be criminally responsible for any
violation of this Act and/or rules and regulations promulgated pursuant thereto: Provided,
further, ‘That if the violator is the developer, its business licenses and permits shall be
‘aucomatically revoked.

SEC. 17, Separability Clause. - Uf for any cause, any part or provision of this Act is
declired invalid or unconstitutional, the remaining parts or provisions not affected thezeby
shall remain in force and effect.

SEC. 18. Repealing Clans. - All laws, decrees, executive orders, letters of instruction,
proclamations, rules and regulations inconsistent with this Act shall be modified, amended

or repealed accordingly.

SEC. 19. Effectinity. - This Act shall take effect fifteen (15) days after its publication in
the Ojiiial Gagete or in at least two 2) newspapers of general circulation.

Approved.