Republic ofthe P Huedb oF Ri ENTATIVES
-epublic of the Philippines
HOUSE OF REPRESENTATIVES RECEIVED

juezon Cit > un Sie
Qpeane Gy pave: __0
SEVENTEENTH CONGRESS tae: 4 Pa

First Regular Session

1333 ay:_ [well

REGISTRATION UNIT
BILLS AND INDEX SERVICE

S. LANETE, M.D.

House Bill No.

Introduced by HONORABLE SCOTT DAV!

EXPLANATORY NOTE

Many families in the urban areas today choose to live in condominium units. These types of
real estate property provide convenient, smartly-designed and cost-elficient homes and they
are fast becoming a new way of life for modem Filipino families.

However, being smartly-designed, cost-efficient and convenient does not always mean they
are consciously made to promote healthy, sustainable and green living. And by “green living”
means the efficient use of natural resources, eco-friendly construction materials, and
minimizing negative impact of the development to nature.

Christopher de la Cruz, an architect and president of the Philippine Green Building Council
(PhiIGBC), a Filipino non-stock corporation that promotes green initiatives, said “With rapid
urbanization and in the name of progress, we kept on building and building to the point that
we exceeded our carrying capacity.”

De la Cruz, who drafted the green guide for socialized housing for the National Housing
Authority, said efforts should be made to make surfaces permeable, and to require
landscapers to use local plants which require less water and pesticides.

According to Intergovernmental Panel on Climate Change (IPCC), the earth has SO years to
cut the 200-gigatonnes of carbon dioxide in the atmosphere, otherwise the heat will reach the
lipping point

Therefore, in keeping with the mandate of the 1987 Constitution which mandates the State to
protect and advance the right of the people to a balanced and healthful ecology in accord with
rhythm and harmony of nature, Republic Act No, 4726 or the Condominium Act must be
amended {0 require condominium developers to establish and maintain green spaces in all
condominium projects. Everyone has to do his or her part in promoting and preserving the
health of the environment. Hence, the immediate passage of this Bill is sought.

SCOTT DAVIES
fepresentative
Third District, Province of Masbate

S. LANETE, MD.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

1338

House Bill No.

Introduced by HONORABLE SCOTT DAVIES S. LANE!

AN ACT MANDATING THE ESTABLISHMENT AND MAINTENANCE OF GREEN
SPACES IN CONDOMINIUM PROJECTS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 4726 OTHERISE KNOWN AS THE CONDOMINIUM ACT,
AND FOR OTHER PURPOSES,

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

Section 1, Short Title. This Act shall be known as “Green Spaces Act of 2016."

Sec. 2. Declaration of Policy. Wt is hereby declared as a national policy the building,
establishment and maintenance of green spaces in condominium projects nationwide in order
to promote and advance a balanced and healthful ecology, improve the quality of
condominium living and promote and preserve environmental health in urban areas.

Sec 3. Scope. This Act shall cover all residential and condominium projects io be established
and built after the effectivity of this Act.

Sec, 4. Definition of Terms
a Green spaces shall mean open areas in condominium projects not less than twenty

five (25) percent of the total area of the said project where local plants and trees are
planted and which uses efficient and environmentally-friendly building,

Sec 5. Green spaces. Every owner and/or developer of condominium projects after the
effectivity of this Act shall reserve, develop and maintain not less than wenty=five (25%) of
the total areas of the project areas for green spaces.

See. 6. Certificate of Registration, Development Permit and License w Sell. No Centificate of
Registration, Development Plan and License to Sell shall be approved and issued by the
Hosing and Land Use Regulatory Board or any office or agency of the government except
when at least 25% of the total area of the project is reserved and developed as spaces for
green spaces. The owners and/or developers are further required 10 include the proposed
green spaces in the plan to be submitted to the HLURB or any office or agency of the
‘government issuing the necessary permit or license.

See. 7. Sec. 40f Republic Act No. 4726 is hereby amended as:



} “Sec. 4. The provisions of this Act shall apply to property divided or to be divided into
condominiums only if there shall be recorded in the Register of Deeds of the province or city
in which the property lies and duly annotated in the corresponding certificate of title of the
Jand, if the latter had been patented or registered under either the Land Registration or
Cadastral Acts, an enabling or master deed which shall contain, among others, the following:
XXXX
(g) The following plans shall be appended to the deed as integral parts thereof!

XXX

(3) A survey plan and diagrammatic plan of the green spaces in the project, in sufficient
detail to identify the space, its relative location and approximate dimensions which shall not
be less than twenty-five (25) percent of the total land area of the condominium project.

Sec. 8. Penalties

a Any owner and/or developer of condominium projects who neglect or fail to establish
and maintain green spaces in their projects shall be punished with a fine of not less
that Five Hundred Thousand Pesos (Php500,000.00) but not more than One Million
Pesos (Php! ,000,000,00), without prejudice to the filing of appropriate administrative,
criminal or civil charges against them.

b. Any officer of the duly designated enforcement agency who neglect or fail to
establish and maintain green spaces in their projects shall be punished with a fine of
not less that Five Hundred Thousand Pesos (Php500,000,00) but not more than One
Million Pesos (Php1,000,000.00), without prejudice to the filing of appropriate
administrative, criminal or civil charges against them.

Sec 9. Implementing Rules and Regulations, The Housing and Land Use Regulatory Board
shall have the power to promulgate the implementing rules and regulations as may be
necessary to fully implement the objectives and purposes of this Act within one (1) years
from the approval hereof.

Sec. 10. Separability Clause. ~ Uf any part or provision of this Aci shall be held
unconstitutional or invalid, other provisions which are not affected thereby shall continue to
be in full force and effect.

Sec. 11. Repealing Clause. ~ All laws, issuances or parts thereof inconsisient with this Act
are hereby repealed or modified accordingly

See. 12. Kifectivity. ~ This Act shall sake effect fifteen (15) days afier its publication in the
Official Gazette or in at least two (2) newspapers of general circulation

Approved,