Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17%) CONGRESS

First Regular Session

House Bill No. 5435

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Introduced by ERIC L. OLIVAREZ

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EXPLANATORY NOTE

The necessity of public parks in a city is quite great and even
more so in a country like the Philippines. Where majority of our
citizens have to live with an uptight budget and cannot in fact
afford a very high-end lifestyle, the availability of free recreational
facilities are, to say the least, already a big help in ensuring that
there people live a simple yet happy life.

Public parks serve as a great place for people, especially the
poor, to do their respective leisurely activities. Students may utilize
the free space for extracurricular activities like dance or drama
practices; our elders will have a reason to wake up early in the
morning to do some walking exercises; it can be a place where
people meet, socialize, play and have fun; or a good place to rest,
ponder, or express their artistic side during their own free time.


Public parks may also serve as a venue to gather people for
important social, commercial and political events.

Since public parks are meant for all - rich and poor, children
and adults, men and women alike - without any distinction or
discrimination, it fosters a democratic influence and somehow
promotes equality.

Furthermore, when people of the same interests, hobbies or
talents converge in one place, a sense of belonging is immediately
created and more likely than not, these formed groups will lead to
the further betterment of each other’s craft. In other words, a public
park may encourage the unison of random people sharing the same
passion. In effect, public parks afford people a great opportunity to
cultivate talents, friendship and harmony in the society.

Ours is a nation with people whose primary objective is to
survive each day and ensure that there is food on their plate. In
other words, our people barely have enough time and reason to
relax, enjoy and do other things that can in fact help them develop
their potential.

We may not realize it but encouraging our hardworking people
to spend some time alone or with their families even for just a
couple of hours in a week to do whatever that they enjoy will help
them develop a sense of balance in life. Aside from this, allowing
them to gather and socialize, or to express and hone their hobbies
or talents, undeniably leads to their individual development and
well-roundedness.

Having citizens who are well-rested, content, fulfilled, and with
a high sense of self-worth inevitably contributes to the nation’s
development as a whole. And public parks, no matter how
indirectly, provides a venue for this ideal goal.


However, this very significant potential role of public parks in
the promotion of social and national development will be defeated if
these parks are not easily accessible to the public. It is usually a
disincentive for the people to go to, much less frequent these free
places, no matter how beautiful and great the parks are, if it would
mean that they would have to travel for several minutes or hours
and spend so much for transportation costs. Hence, equally vital
and important is to have parks which are nearby and easily
accessible to residents.

This is where the importance of establishing at least one
public park in every city comes into play and it is for this reason
that the approval of this bill is strongly recommended.

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ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS

First Regular Session

House Bill No. 5435

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Introduced by ERIC L. OLIVAREZ

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AN ACT PROVIDING AT LEAST ONE PUBLIC PARK
IN EVERY CITY

SECTION 1. Short Title. This Act shall be known as the “City
Park Act of 2013.”

SECTION 2. Declaration of Policy. It is the policy of the state
to provide the public an accessible venue or forum where they can
enjoy, gather, socialize and do other recreational activities that will
foster individual development, friendship and group harmony
amongst one another.


SECTION 3. Establishment of One Park in Each City. Every
city government is hereby mandated to provide and maintain a
secured and safe leisure park accessible to the public for free.

Each city park shall be open to the public for at least eight (8)
hours a day, seven days a week, but in no case shall be accessible
to the public beyond twelve o’clock (12:00) midnight.

SITE REQUIREMENTS

SECTION 4. Ocular inspection and Site Visit. Before
selecting or acquiring a site where the public city park shall be
erected, the City Mayor and The Engineering Office of the city shall
conduct an ocular inspection of the site and ensure that as much
as practicable, that the potential park site is located on the central
part or heart of the city.

SECTION 5. Site and Plans to be Approved by the DPWH.
A building shall not be acquired or erected for use as a public park
until the site is selected and evaluated in accordance with the
regulations prescribed by the Department of Public Works and
HighWays (DPWH) and the plans therefor are approved by the
same.

SECTION 6. Ocular Inspection and Site Visit. The park site
shall be selected and evaluated in accordance with the regulations
prescribed by the DPWH and the plans therefor shall be approved
by the same.


OFFICIAL PLAN

SECTION 8. Official Plan Must Be Certified. For the
purposes of this section, "official plan" means a plan that is certified
by the Regional Director of the DPWH to be as such.

SECTION 9. Copies of the Official Plan. The official plan
shall be submitted to the DPWH. One copy thereof shall be
deposited in the office of the City Mayor, and another one shall
always be kept in the Administration Office of the public city park.

SECTION 10. Public Inspection. Copies of official plans must
be available for public inspection during regular business hours,
and a person may obtain a copy of an official plan on payment of a
fee prescribed by the local government unit or the Administration
Committee maintaining the public park.

SECTION 11. Eminent Domain. For the purpose of erecting,
developing, widening or relocating the city park as the case may be,
any private lands, properties, highways and/or roads may be
acquired by the local government unit concerned for the purpose of
doing all work necessary to the functional operation of the city
park, provided that due compensation shall be made to the owners
thereof.

SECTION 12. Widening and/or Relocating the City Park.
The local government unit may widen, relocate or otherwise alter
the boundaries of the city park upon a reasonable finding that the
same is necessary either due to over-crowdedness (for widening) or
due to the increasing crime rate in the area (for relocation) or for
whatever other ground or basis the local government unit deems
reasonable and proper.


UTILITIES

SECTION 13. Water system. The sanggunian of a city may
enter into an agreement with any municipality or person, natural or
juridical, owning or operating a waterworks system for the supply of
water for the city public park.

SECTION 11. Sewerage System. The sanggunian of a city
may enter into an agreement with a private entity (i.e. corporation)
or with any city or municipality for connecting the city public park
with the sewerage system of such city or municipality.

SECTION 12. Electricity. The sanggunian of a city may enter
into an agreement with any person for the supply of electricity for
light, heat or power purposes at the city public park.

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FACILITIES

SECTION 13. Playground and/or Children-Friendly
Facilities. The city public park must have a portion where a
playground or any children-friendly facility is to be erected for the
use of toddlers and children. These facilities shall likewise be open
to the public free of charge.

SECTION 14. Environmental-Friendly Facilities. The city
public park must as much as practicable, adopt and/or use
environmental-friendly facilities, equipment and/or system in the
operation of the said public park.


SECTION 15. Garbage Disposal. The respective
administration offices of the city parks must adopt and implement a
garbage segregation scheme that must be maintained at all times.

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STAFFING

SECTION 16. Administration Committee. The City Mayor
shall appoint members of City Park Administration Committee who
shall manage the operation of the city public park. A City Park
Administration Committee shall consist of five (5) members;

Committee.

SECTION 18. Park Officers. The Administration Committee
may hire as many park officers as it deems necessary to ensure that
the rules and policies of the public park are being maintained or
followed. These park officers shall assist the public visiting the city
park and shall handle their needs, inquiries and/or immediate
grievances. These park officers shall be delegated or assigned post
in strategic stations within the premises of the park. They shall
likewise performs other functions as may be delegated by the
Administration Committee.

The number of park officers that may be hired by the
administration committee shall depend on the area size of the park
and the number of people who regularly visit the same.


SECTION 19. Administrative Staff. The Administration
Committee may hire as many administrative staff or personnel as it
deems necessary for the efficient operation of the public park who
shall be responsible for the paper works of the Administration
Office. The committee may delegate additional clerical tasks to the

SECTION 20. Maintenance and Utility. The Administration
Committee may hire as many maintenance and utility personnel as
it deems necessary for the up-keep of the cleanliness of the public
park.

Peace and order within the Premises of the public park and shall
ensure the safety of the visiting Public.

Se
LEASE PERMITS

SECTION 22. Grant of Building Lease within the Premises
of the Park. The Executive Director may in his discretion, and with
the approval of the Administration Committee, grant leases for
building purposes for terms not exceeding ten (10) years, of small
parcels of ground, at such places in said park as shall require the
erection of buildings for the accommodation of the visiting public;


SECTION 23. Grant of Other Commercial Leases. The
Executive Director may grant a permit authorizing a person or
organization to sell merchandise, to advertise, or to otherwise
engage in service-type of business within the premises of the public
park for a reasonable fee. Provided that the merchandise,
advertisement or service to be provided to the public within the
premises of the park are of wholesome nature and are suitable or
safe for the visiting children to see or witness.

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CHARGES ALLOWED AGAINST THE VISITING PUBLIC

SECTION 24. Collection of Entrance Fees Prohibited. No
entrance fee shall be charged against or collected from any person
before he or she can be allowed access to the park.

SECTION 25. Fees and Charges Allowed. With the prior
approval of the Administration Committee, the Executive Director
may make regulations prescribing a fee, rate or charge payable by
the visitors of the said park for the following:

(a) The exclusive use of a Portion of the park.

(b) The holding of a private event in any portion of
the park.

(c) Penalties and fines to be prescribed by the
Executive Director, for the violation of any regulation
being implemented within the premises of the park,
provided that these regulations are made known and
available to the public upon entering the public park.


In light of this, the administration committee may
post the said rules and regulations in a bulletin board
placed in conspicuous places in the park or it may opt to
distribute printed handouts to every visitor thereof,

However, an offending visitor must be given warning
first by any park officer or security personnel of the
public park. A second attempt of disobedience or
defiance, whether intentional or not, shall entail the
imposition of the respective penalty and/or fine.

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PROHIBITIONS

SECTION 26. Sleeping. No person shall enter, or be allowed
to enter the public park after the operating hours of the same. In
addition, sleeping in the premises of the park after its operating
hours shall likewise be prohibited.

SECTION 27. Squatting and/or any Private Construction.
No person shall be allowed to establish a make-shift dwelling within
the premises of the public park. A person must not construct,
install, erect or place any structure, improvement or work of any
nature in the said park except as otherwise authorized under this
Act, by virtue of a valid permit issued by the Executive Director.

SECTION 28. Dumping. Transporting or depositing any
garbage, refuse, domestic and /or industrial waste, through, over, in
or on any park is prohibited.


SECTION 29. Rights and interest vested in government. As
a general rule, every right, title and interest in any structure,
improvement or installation in the public park belongs to the local
government unit except as otherwise provided by a park use permit
or resource use permit.

SECTION 30. No private rights except by permit. A person
or party must not be permitted to acquire any property right in the
city park except under a valid permit as issued by the Executive
Director and as provided for in this Act.

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OFFENSES AND PENALTIES

SECTION 31. General Penalty. A person who contravenes
any provision of this Act is liable to a fine of up to P10,000.00 or a
term of imprisonment of not more than one year or both at the
discretion of the court.

SECTION 32. Continuing offense. When a contravention of
the Act or the regulations prescribed by the director continues for
more than one day, the person is guilty of a separate offence for
each day on which the contravention continues.


SECTION 33. Implementing Rules and Regulations. The
DPWH in coordination with the DILG and Local Government Units
shall promulgate the implementing rules and regulations for the
effective and immediate implementation of this Act.

SECTION 34. Repealing Clause. All laws, decrees, executive
orders, letters of instructions, rules and regulations or parts
thereof, which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SECTION 35. Separability Clause. If any provision of this
Act is judicially declared invalid or unconstitutional, the remaining
provisions of this Act not affected thereby shall be continue to be in
full force and effect.

SECTION 36. Effectivity Clause. This act shall take effect
fifteen (15) days following its publication in two (2) newspapers of
general circulation.

APPROVED.