Y 
k 
13* Congress of the Republic 
of the Philippines 
) 
First Regular Session 
-l 
c 
SENAT 
s. No. 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EixpLANATORY NOTH 
Under this bill, Govment, though the Bureau of Forest 
Developrnmt, will help p ~ ~ k k  
s
d
 
ne&yJ 
kwp fie 
subdivision parks green. 
The importance of this bill cmot be stressed in fie wake of the 
tragedy that Well many PiIipinos during the heavy rains m d  floods 
hat swept the country. This legislative proposal is intended to restore 
In view of the foregoing, the bill's passage is earnestly quested. 
I I 
i 


Isth Congress of the Republic 
I 
of the Philippines 
} 
"04 JUN 30 PI0 5 6  
First Regular Session 
1 
- 
Introduced by Senator Aquilino Q. Pimeatel, Jr, 
AN ACT 
GRANTING INCENTIVES TO SUBDIVISIQN HOMEOWNERS 
ASSQCIATEONS TQ DEVELQP AND MAINTAW FQRESTED AREAS 
WITHIN THEIR SUBDIVISIONS, AND FOR OTHER PURPOSES 
SECTION 1. Title. - This Act shall be known as "The Green Parks Act of 
2004." 
SEC. 2. Declaration of Policy. - Art. H, Section 16 of the Constitution 
provides that "The State shall protect and advance the right of the people to a 
balanced and heaIthfu1 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 wiI1 exist within the eomunity. 
SEC. 3. Definition of Terms. - When used in this Act, the foIIowing terms 
shall, unless the context otherwise indicate, have the following respective 
meanings: 
(a} "Subdiuision Project" refers to a tract or parcel af 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, commercialE industrial and 
recreational areas, as well as open spaces and other c o m ~ v  
and public areas in 
the project. 
fb) 'tAssaciatiOnl' refers to the association of homeowners within the 
subdivision, organized primarily to promote the best interest and well-being# as 
well as safeguard the welfarer of the residents and owners of property in the 
subdivision project. 
(e) Ykeen park" refers 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 ornamental plants and 
shrubs, or plants of scenic, aesthetic and ecological values. 
(d) "Burem" refers to the Bureau of Forest Development. 
SEC. 4, Area. - The area of: one green park shall be at least be €ive percent 
(5%) of the total gross area of the subdivision project. 
SEC. 5.. Requirements.. - In order to avail of the benefits granted under 
Section 7 hereof, the Association shall submit to the Bureau the plans far the 
development and maintenance of the green park, which shall include: 
(a) The subdivision plan as approved by the 24Director of Landst as 
provided for under the second 25paragraph of Section 4 of Presidential Decree No. 
957; 
(b) An indication of the types of trees and piants planted and g r o w  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 thered for at least one (1) yea. S. 
No. 1667, 


SEC. 6. Issuance of CerCi$r'eoltion, - Upon the submission of all the requirements 
mentioned in Section 5 hereofi the Bureau shall issue a cert3ication to this effect. 
The Bureau shdl 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 balanced and healthful 
8ec0logy 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. 
. - SEC. 7, Benepts Upon presentation d the certification, as provided for under 
the second paragraph of Section 6 hereof, the Associatian shall be entitled to the 
following benefits: 
(a) The Bureau of Plant Indusiq shall provide the Association with tree and 
plant seedlings for planting in the green park far free; and 
(b) The city or municipal government where the green park is located shall 
pravide the Association with tools and implements, €or free to be used exclusively 
for the maintenance of the green park. 
SEC. 8. Pruhibitian. - In no case shall any artificial structure or improvement 
be constructed within the boundaries af 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. 
S, No. 1667 


SEC. 9. Cancellation of CertzPcati~n. - If at any h e ,  the Bureau 
determines, upon application of my person, that the state m d  condition of the 
green park ceases to save its purpose, or that the standmds of the Bureau are 5no 
longer met, the Bureau shall cmcel its certification. Suck cancellation shall result to 
the withdrawal of all benefits already granted or availed of under Section 7 hereof 
and no h e f i t s  may be further availed of by the Association. 
SEC. 10. Re-application. - If, within a reasonable h e ,  as d e m e d  by 
the Bureau, fkom the time of the cancellation of the certification, as provided for 
under Section 9 hereof, the Bureau approves a reapplication by 14the Association 
for the certification, as provided for under Section 5 of this Act, the hefits 
granted under Section 7 hereof may be availed of pursuant to the t e r m  and 
conditions provided for under Section 6 and M o n  9. 
SHC. 11. Repealing Chase. - All laws, deaees, 19executive orders, letters 
of instruction, proclamations, rules and regulations inconsistent with this Act shall 
be modified, mended or repealed accordingly. 
SEC. 12. Separability Clause. - If for my cause, my part of provision of 
this Act is declared invalid or unconstitutional, the remainder or my part or 
provision not affected thereby shall rmain in force and effect. 
SBC. 13. Efle&Wty. - This Act shall take effect after fifteen (15) days 
following its publication in the Ofl& 
Gazette or in at least two (2) newspapers of 
general circulation. 
Approved,