FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__2853
EXPLANATORY NOTE

In the last fifteen years, we have seen the gradual worsening of the traffic
congestion in Metro Manila. Unfortunately, traffic planners under the past
administration have failed to adequately address this problem.

Consequently, we are now faced with a scenario where employees in the
public and private sectors, businessmen and students are not able to reach their
destinations on time. The traffic problem has also prevented the delivery of goods
and services in a time period that does not require excess costs. It is in this
manner that the traffic problem being encountered by the country contributes to
the ever-increasing price of goods and services.

it cannot be denied that the present traffic mess has affected the
productivity of otherwise productive individuals to a great extent. The unproductive
time spent by many in commuting has not only affected their personal
advancement in their careers or professions but also the economic growth of the
country in general.

In view of the adverse effects of the traffic congestion in the metropolis, it
behooves the government to address the problem more seriously. It is also
imperative on the part of the private sector to contribute their share in the
resolution of this problem.

The bill seeks to elicit the support of the private sector, specifically of the
resident of subdivisions and villages situated within Metro Manila in, at least,
minimizing the traffic problem.

Furthermore, in response to the desire to ease the traffic situation in the
metropolis, this bill likewise endeavors to provide alternative routes or access to
main thoroughfares by opening subdivision roads to the public for vehicular traffic.

In view of the foregoing considerations early passage of this bill is earnestly
sought.



FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No,_ 2853

AN ACT
PROVIDING FOR THE OPENING OF SUBDIVISION ROADS TO VEHICULAR
TRAFFIC FOR ALTERNATIVE ACCESS TO MAIN THOROUGHFARES AND TO
ADJACENT SUBDIVISIONS OR ANY GOVERNMENT OFFICES OR PUBLIC
ESTABLISHMENTS, AMENDING FOR THE PURPOSE PRESIDENTIAL
DECREE NO. 957, OTHERWISE KNOWN AS “THE SUBDIVISION AND
CONDOMINIUM BUYERS PROTECTIVE DECREE”

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

SECTION 1. Applicability. This Act shall apply to all housing subdivisions
and villages situated within Metro Manila.

SEC. 2. Use of Subdivision Roads. Notwithstanding any provision of
law, rules and regulations to the contrary, whenever necessary and possible as
determined by the Department of Public Works and Highways, a subdivision or
village situated within metro Manila shall open for public use at least one road
within its boundaries to vehicular traffic: Provided that, the use of said subdivision
or village roads shall be limited to vehicles with a gross vehicular weight of up to
4,500 kgs.

SEC. 3. Selection of the Access Roads. The Homeowners Association of
a subdivision or village or in default thereof, the Department of Public Works and
Highways, shall select and designate the road to be opened pursuant to the
provisions of this Act taking into consideration the best alternative access to the
residents of the said subdivision or village.

SEC. 4. Prior Notice. The Department of Public Works and Highways shall
determine and identify the subdivisions or villages which must open, at least, one


of the roads thereof pursuant to the provisions of this Act. It shall also notify the
affected Homeowners Association or in default thereof, the residents of the said
subdivisions or villages of its decision, at least, thirty (30) days before the opening
of the said roads to the public.

SEC. 5. Collection of Reasonable Fees. A subdivision which has opened
a road for public use shall be allowed to collect a reasonable fee which shall not
exceed Five Pesos (P5.00) from every vehicle passing through said road. It may
also collect an annual fee which shall not exceed Three Hundred Pesos (P300.00)
from every motorist using its access roads. Such fees shall be used to defray the
cost of maintaining the subdivision or village roads opened to the public for
vehicular use as well as the cost of employing additional security personnel to man
the said roads.

SEC. 6. Section 28 of Presidential Decree No. 957 is hereby amended to
read as follows:

“SEC. 28. Access to ADJACENT SUBDIVISIONS OR PUBLIC
Offices [in the Subdivision]. — No owner or developer shall deny any person
free access to ADJACENT SUBDIVISION OR any government office or
Public establishment located within the subdivision or which may be
reached only by passing through the subdivision. FOR THIS PURPOSE,
THE OWNER OR DEVELOPER SHALL DESIGNATE A ROAD FOR
PUBLIC USE WITHIN THE SUBDIVISION OR GOVERNMENT OFFICE
OR PUBLIC ESTABLISHMENT.

SEC. 7. Implementing Rules and Regulations. The Department of
Public Works and Highways shall, within sixty (60) days from the date of effectivity
of this Act, promulgate the appropriate rules and regulations for the
implementation of the provisions of this Act.

SEC. 8. Repealing Clause. Any provision of law, decree, order or rules
and regulations which are inconsistent with the provisions of this Act are hereby
deemed repealed or modified accordingly.

SEC. 9. Effectivity. This Act shall take effect after fifteen (15) days

following its publication either in the Official Gazette or a newspaper of general
circulation.

Approved.