PD 1216 PDF
PD 1216 PDF
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PRESIDENTIAL DECREE No. 1216
DEFINING "OPEN SPACE" IN RESIDENTIAL
SUBDIVISIONS AND AMENDING SECTION 31 OF
PRESIDENTIAL DECREE NO. 957 REQUIRING
SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS,
SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS
OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy
environment in human settlements by providing open spaces, roads, alleys and
sidewalks as may be deemed suitable to enhance the quality of life of the residents
therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential
subdivision are for public use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%)
of the total area of a subdivision must be reserved, developed and maintained as open
space for parks and recreational areas, the cost of which will ultimately be borne by the
lot buyers which thereby increase the acquisition price of subdivision lots beyond the
reach of the common mass;
WHEREAS, thirty percent (30%) required open space can be reduced to a level
that will make the subdivision industry viable and the price of residential lots within the
means of the low income group and at the same time preserve the environmental and
ecological balance through rational control of land use and proper design of space and
facilities;
WHEREAS, pursuant to Presidential Decree No. 757, government efforts in
housing, including resources, functions and activities to maximize results have been
concentrated into one single agency, namely, the National Housing Authority;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. For purposes of this Decree, the term "open space" shall mean an area
reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of
worship, hospitals, health centers, barangay centers and other similar facilities and
amenities.
Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as
follows:
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of
a subdivision shall provide adequate roads, alleys and sidewalks. For subdivision
projects one (1) hectare or more, the owner or developer shall reserve thirty percent
(30%) of the gross area for open space. such open space shall have the following
standards allocated exclusively for parks, playgrounds and recreational use:
(a) 9% of gross area for high density or social housing (66 to 100 family
lot per gross hectare).
(b) 7% of gross area for medium-density or economic housing (21 to 65
family lot per gross hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots
and below per gross hectare).
These areas reserved for parks, playgrounds and recreational use shall be nonalienable public lands, and non-buildable. The plans of the subdivision project shall
include tree planting on such parts of the subdivision as may be designated by the
Authority.
Upon their completion as certified to by the Authority, the roads, alleys, sidewalks
and playgrounds shall be donated by the owner or developer to the city or municipality
and it shall be mandatory for the local governments to accept provided, however, that
the parks and playgrounds may be donated to the Homeowners Association of the
project with the consent of the city or municipality concerned. No portion of the parks
and playgrounds donated thereafter shall be converted to any other purpose or
purposes.
Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed and
other laws, decrees, executive orders, institutions, rules and regulations or parts thereof
inconsistent with these provisions are also repealed or amended accordingly.
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila, this 14th day of October, in the year of Our Lord, nineteen
hundred and seventy-seven.