Regulatory Factors

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REGULATORY FACTORS

I.

ZONING CODES

Zoning Code Definition:

A Zoning Code is oriented towards how a project fits into a community. It regulates setbacks, types

of uses, height, parking requirements, design (for some types of projects) and similar concerns. The City

is divided into zoning districtsand each zoning district will have its own set of regulations. When a

separate Zoning Permit is required for a new development, the City will generally require that an

application be accompanied by site and building plans (including preliminary architecture).

Common Zoning Districts:

Agricultural Districts

Residential Districts

Commercial Districts

Industrial Districts

Parks, Recreation and Open Space PR District

Public and Community Facilities District

Historic Landmark Combining District

Building Code Definition:

A Building Code is oriented towards ensuring that structures are constructed to an appropriate

standard and are safe for the uses intended. Application for most Building Permits must be

accompanied by detailed construction drawings. In addition to these codes, subdivision of land is

regulated under the Subdivision Ordinance, and other codes may apply to particular types of projects

including the Fire Code.

Zoning Code vs Building Code:

Most development is regulated under two different codes: the Zoning Code and the Building

Code. Receiving a Zoning Permit is generally the first step in the development process, followed by

applying for and receiving a Building Permit. For some projects, zoning clearance is given as part o

the review of an application for a Building Permit. In other instances, a separate Zoning Permit is

required prior to application for a Building Permit.

A.PERMITTED USES

1. BY VARIANCE

The property is unique and different from other properties in the adjacent locality and because

of its uniqueness, the owner/s cannot obtain a reasonable return on the property.

2. BY SPECIAL PERMIT

A Special Use Permit (Conditional Use Permit) authorizes land uses that are allowed and

encouraged by the ordinance and declared harmonious with the applicable zoning district

Similar to variances, conditional use permits allow an otherwise non - permitted use of the

property that the zoning code does not include. Conditional use permits are usually granted at


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a public hearing before a political body, usually with the conclusion that the new use of the

property will be in the public interest.

a.

Dumpsite and Sanitary Landfill

b.

Cemeteries/Memorial Parks

c.

Funeral Establishments

d.

Piggery/Poultry

e.

Land Transportation, Terminals, and Garages

f.

Warehouse

g.

Base Stations of Cellular Mobile Telephone Services, Paging Services, Trucking

Services, Wireless Local Loop Service and other Wireless Communication Services

h. Cockpit

3.

BY NONCONFORMING USES

A nonconforming use is a permitted use of property which would otherwise be in violation of

the current zoning ordinance. The use is permitted because the land owner was using the land

or building for that use before the zoning ordinance became effective. Nonconforming uses

are often referred to as being "grandfathered in" to a zoning code. In order to qualify for non

conforming use, the property usually needs to have been continuously put to the non

conforming use. Thus, if the businesses closes and the use lapses for any time, the permission fothe nonconforming use could vanish.

4. BY EMINENT DOMAIN

Eminent domain is the power of government to take private property and use it for public use

Public use includes the traditional government activities of building roads, government and

public facilities such as government buildings and parks, as well as more generally beneficia

activities assured through protection of scenic areas, wetlands, and historic landmarks. If the

government zones a piece of property such that the property owner can no longer effectively

use the parcel of land, eminent domain may be applicable, and the property owner may be

able to sue for compensation because the land has been "taken" by the government.

5. BY ACCESSORY STRUCTURES

An accessory structure permit is required prior to constructing, replacing, expanding or moving

any detached structure (e.g. shed, detached garage, propane tank).

B.

MINIMUM SITE AREA REQUIREMENTS

Minimum Requirements for Group A Dwellings

(a) Dwelling Location and Lot Occupancy

The dwelling shall occupy not more than 90% of a corner lot and 80% of an inside lot, andsubject to the provisions on Easement on Light and View of the Civil Code of the Philippines,

shall be at least 2 meters from the property line.

(b) Light and Ventilation

Every dwelling should be so constructed and arranged as to provide adequate light and

ventilation as provided under Section 805, of this Code.


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(c) Sanitation

Every dwelling shall be provided with at least one (1) sanitary toilet and adequate washing

and drainage facilities.

(d) Foundation

Footing shall be of sufficient size and strength to support the load of the dwelling and shall be

at least 250 millimeters thick and 600 millimeters below the surface of the ground.

(e) Post

The dimensions of wooden post shall be those found in Table 708-A Dimensions of Wooden

Posts. Each post shall be anchored to such footing by strap and bolts of adequate size.

(f) Floor

The live load of the first floor shall be at least 200 kilograms per square meter and for the second

floor, at least 150 kilograms per square meter.

(g) Roof

The wind load for roofs shall be at least 120 kilograms per square meter for vertical projection

(h) Stairs

Stairs shall be at least 750 millimetres in clear width, with a rise of 200 mill imetres and a minimum

run of 200 millimetres.(i) Entrance and Exit

There shall be at least one entrance and another one for exit.

(j) Electrical Requirements

All electrical installation shall conform to the requirements of the Philippine Electrical Code.

(k) Mechanical Requirements

Mechanical systems and/or equipment installation shall be subject to the requirement of the

Philippine Mechanical Engineering Code.

Section 709. Requirements for Other Group Occupancies

Subject to the provisions of this Code, the Secretary shall promulgate rules and regulations foeach of the other Group Occupancies covering: allowable construction, height, and area;

location on property, exit facilities, light, ventilation, and sanitation; enclosure of vertica

openings; fire extinguishing systems; and special hazards.

C.BUILDING HEIGHT LIMITS

1. The maximum height and number of storeys of proposed building shall be dependent upon the

character of use or occupancy and the type of construction, considering end-user, population

density, light and ventilation, width of RROW/streets particularly of its roadway/carriageway

component, building bulk, off-street cum off-site parking requirements, etc. and in relation to

local land use plan and zoning regulations as well as other environmental considerations, e.g.,geological, hydrological, meteorological, topographical, prevailing traffic conditions, the

availability and capacity of public utility/service systems, etc.

2.

The BHL shall be generally measured from the established grade line to the topmost portion o

the proposed building/structure.

3. BHL excludes the height of permitted/allowed projections above the roof of the

building/structure, e.g., signage, mast, antenna, telecom tower, beacons and the like.


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Table VII.2. Building Height Limit (BHL) by Type of Use or Occupancy (Residential & Commercial Only)

Additional Notes on BHL*

Establishing Grade

1.

In case of sloping grade where the edges of the building

footprint (AMBF) running perpendicular to the RROW has a

difference in elevation of less than 3.00 meters, the highest

adjoining natural grade (ground surface) or finished grade

(sidewalk surface) shall be considered the established grade

elevation.

2.

In case of sloping grade where the edges of the building footprint

(AMBF) running perpendicular to the RROW has a difference in

elevation of more than 3.00 meters, the average grade level of the

building footprint (AMBF) shall be considered the established grade

elevation.


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3.

The building/structure height shall be measured from the highest adjoining

public sidewalk (finished grade) or ground surface (natural grade);

Provided, that the height measured from the lowest adjoining surface shall

not exceed such maximum height by more than 3.00 meters; Except, that

towers, spires and steeples, erected as parts of the building and not used

for habitation or storage are limited as to the height only by structural

design, if completely of incombustible materials, or may extend but notexceed 6.00 meters above the prescribed building height limit (BHL) for

each occupancy group, if of combustible materials.

D.

YARD (SETBACK) REQUIREMENTS

SECTION 804. Sizes and Dimensions of Courts

1.

Minimum sizes of courts and yards and their least dimensions shall be governed by the use, type

of construction, and height of the building as provided hereunder, provided that the minimum

horizontal dimension of said courts and yards shall be not less than 2.00 meters. All inner courts

shall be connected to a street or yard, either by a passageway with a minimum width of 1.20

meters or by a door through a room or rooms.2.

The required open space shall be located totally or distributed anywhere within the lot in such

a manner as to provide maximum light and ventilation into the building.

3.

YARD - the required open space left between the outermost face of the building/structure and

the property lines, e.g., front, rear, right and left side yards. The width of the yard is the setback

Yards prescribed for Commercial, Industrial, Institutional and Recreational Buildings are shown in

Table VIII.3. hereafter.


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E.

LOT COVERAGE

OPEN SPACE REQUIREMENT

Lot Types (and Required Open Space in respect with Occupancy)


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Table VIII. Reference Table of Maximum Allowable PSO (R-1 & R-2 Zoning Classification Only; for other

classification, refer to NBCP, Section 803, Sub-section 4)

Floor to Lot Area Ratio

Floor Area Ratio (FAR)

The ratio between the Gross Floor Area (GFA) of a building/structure and the Total Lot Area of

the lot/property on which it stands.

The FLAR is determined by dividing the GFA of a building by the TLA.

The GFA of any proposed or existing building should not exceed the prescribed FLAR multiplied

by the TLA.

Percentage of Site Occupancy

A quantity related to the Allowable Maximum Building Footprint (AMBF) and the Total Lot Area

(TLA) via the equation:

PSO = AMBF / TLA

The PSO is expressed as the percentage (%) of maximum allowable enclosed floor area of any

building/structure at the ground floor or grade level in relation to the TLA.


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F.

OFF-STREET PARKING REQUIREMENTS

RULE XIX Parking and loading space requirements (NBCP)


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II.

SUBDIVISION, SITE PLAN REVIEW, AND OTHER LOCAL REQUIREMENTS

A.

LOT REQUIREMENTS

1. SIZE

Minimum Lot Area

(Amended per Board Res. No. 824, Series of 2008)

The minimum lot area of various types of housing for economic and socialized housing project shal

be as follows:

Minimum Lot Area

Note:1. Saleable lots designated as duplex/single attached and/or row house lots

shall be provided with housing components.

2. Price of saleable lots intended for single detached units shall not exceed 40%

of the maximum selling price of the house and lot package.

Lot Frontages

(Amended per Board Res. No. 824, Series of 2008)


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The minimum lot frontages for various types of housing both for economic and socialized housing

projects shall be as follows:

Minimum Lot Frontage

Note:

For row houses, there shall be a maximum of 20 units per block or cluster but in no case shall this be

more than 100 meters in length.

Length of Block

Maximum block length is 400 meters. However, block length exceeding 250 meters shall already be

provided with a 2-meter alley approximately at midlength.

2.

CONFIGURATION

A lot shall be served by an independent access either by a road, motor court, or path walk

Path walk shall have a maximum length of 60 meters intended only as pedestrian access to

property for socialized housing projects.

Deep lots and irregularly shaped lots shall be avoided.

Whenever possible, lot frontage elevation shall be at street level.

Lots shall be protected against physical hazards. No lot shall be laid out where potential risks

exist (e.g. erosion, slides, flooding, fault lines, etc.)

Lots shall be protected against non-conforming uses and/or other risks through the provision

of adequate buffer strips, protective walls, and roads or other similar devices.

3.

SETBACKS AND COVERAGE

Setback/Yard

The minimum setback of dwelling unit both for economic and socialized housing project shal

be as follows:

a. Front Setback - 1.5 m.

b. Side yard - 1.5 m (from the building line)

c. Rear yard - 2.0 m.

d. Abutments - May be allowed per requirements of the National Building Code of the

Philippines

B. STREET REQUIREMENTS

1.

WIDTHS

2. GEOMETRY: GRADES, CURVES

3.

ROAD GRADE/SLOPE

4.

CURS AND CURB CUTS


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1.

WIDTHS

WIDTHS ECONOMIC HOUSING SOCIALIZED HOUSING

The minimum right-of-way of major roads shall be in accordance with the preceding table

However, in cases where the major road will serve as interconnecting road, it shall have aminimum right-of-way of 10 meters. It shall have a 15-centimeter mix gravel (pit run) base course

on well-compacted subgrade.

Major roads shall maintain a uniform width of road right-of-way. Tapering of road width shal

not the road right-of-way is wider than the prescribed standard for the interconnecting road o

the proposed subdivision.

Minor road shall have a minimum right-of-way of 6.50 meters.

Note:

1. Interior subdivision project must secure right-of-way to the nearest public road and the right-

of-way shall be designated as interconnecting road with a minimum right-of-way of 10

meters. This fact shall be annotated on the title of said road lot and must be donated and

deemed turned over to the LGU upon completion of the said interconnecting road.

2. Subdivision projects abutting main public thoroughfare must provide sufficient setbacks (at

least 3.0 meters in depth by 5.0 meters in length) at both sides of the subdivision entrance to

accommodate loading and unloading of passengers.

3. Contiguous projects or projects to be developed by phases shall be provided with

interconnecting road with a minimum right-of-way of 10 meters.

4. Alley shall have a width of 2.0 meters intended to break a block and to serve both pedestrian

and for emergency purposes, both ends connecting to streets. It shall not be used as access

to property.

5. Pathwalk shall have a width of 3.0 meters intended only to provide pedestrian access toproperty for socialized housing projects. It shall have a maximum length of 60 meters.

2.

GEOMETRY: GRADES, CURVES

Crown of the roads shall have a slope of not less than 1.5 to 9 percent. Grades and vertica

curbs shall conform to the design requirements of the Department of Public Works and Highways

(DPWH)


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3.

ROAD GRADE/SLOPE

Roads should intersect at right angles as much as practicable. Multiple intersections along

major roads shall be minimized. Distance between offset intersections should not be less than 20

meters from corner to corner.

Road intersections shall be provided with adequate curb radii consistent with sound

engineering principles.

4.

CURBS AND GUTTERS

Curb requirements vary according to the street hierarchy and intensity of development. As

one ascends the street hierarchy, speeds increase and at higher travel speeds, curbs are

needed to delineate the pavement edge.

5. PLACEMENT OF UTILITIES

Under Planning Considerations Land allocation and alignment of the various utilities

(roads, drainage, power and water) of the subdivision shall be integrated with those of existing

networks as well as projects outside the boundaries of the project site, e.g. access roads set forth

herein and should follow the standard specifications of the Department of Public Works and

Highways (DPWH).Placement of utility lines is usually determined by the utility company some prefe

placement under the cartway, others in a strip within the right-of-way and parallel to the street

The former placement is less convenient for maintenance or replacement of obsolete systems

but local companies will generally set the policy. All ground utilities shall be installed behind the

sidewalk or as close as possible to the limits of the street's right-of-way.

6. DEAD-END STREETS

Dead End Streets. Streets designed to have one end permanently closed or in the form of

a cul-de-sac shall be provided at the closed end with a turnaround compliant with currently

adopted International Fire Code (IFC) types of turnarounds as determined by the following table

permitting comparable ease of turning. Such streets in excess of 600 feet shall be avoidedLarger than the minimum land set aside to encompass the curbs or curb-to-curb distances may

be specified by the city upon the recommendation of the city engineer for including public

sidewalk, planters, medians, islands or utility infrastructure.

Type of IFC TurnaroundMin.

R/W1(feet)

Min. curb

to curb

(feet)

Min. R/W

radius to

connecting

street (feet)

Min. curb

radius to

connecting

street (feet)

Max. Grade

(%)

Cul-de-sac (radius) 50 48 26 28 5

IFC Y (leg length each) 62 60 24 26 5

IFC T Hammerhead (top

length)124 120 26 28 5


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Type of IFC TurnaroundMin.

R/W1(feet)

Min. curb

to curb

(feet)

Min. R/W

radius to

connecting

street (feet)

Min. curb

radius to

connecting

street (feet)

Max. Grade

(%)

IFC Alternate to 120-ft.

Hammerhead (leg length

each)

72 70 26 28 5

7. INTERSECTION GEOMETRY

90 intersections are preferred. Intersection angles less than 70 are not permitted. The edge

of pavement radii of internal subdivision streets shall meet the requirements of the design criteria

for subdivision streets. The use of larger radii may be considered if there is a need to

accommodate larger vehicles. Multiple intersections along major roads shall be minimized

Distance between offset intersections should not be less than 20 meters from corner to corner.

Intersections shall be provided with adequate curb radii consistent with sound engineering

principles.

8.

SIDEWALKS

In establishing the location of sidewalks, consideration must be given to drainage facilities, side

slopes, new traffic control and signing devices, intersection crossovers, striping, utility

appurtenances, mailboxes with posts, and transit stops, in order to avoid conflicts in the design

Sidewalks and/or graded areas shall be required depending on road classification and intensity

of development in accordance with the requirements. Where sidewalks are optional, they may

be required if close to pedestrian generators, to continue a walk on an existing street, to link

areas, or depending on probable future development as indicated in applicable master plansIn conventional developments, sidewalks shall be placed in the right-of-way, parallel to the

street, unless an exception has been permitted to preserve topographical or natural features o

to provide visual interest, or unless the applicant shows that an alternative pedestrian system

provides safe and convenient circulation.

Sidewalks shall not be required when drainage system is through open canals; when drainage

canals are covered or underground, the space above the canals shall be utilized as sidewalk.

9.

NAMES

There shall be o duplications of street names and such names shall not bear any similarity to

existing street names in adjacent subdivision, except when they are in continuation of existing

ones. Street names shall be recognizable and readable.The developer shall bear the cost of purchase and installation of street names/signs coinciden

with the construction of streets and utilities.

C.

D.

DRAINAGE REQUIREMENTS

1.

REMOVAL OF SPRING AND SURFACE WATER


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The drainage system of the subdivision shall conform to the natural drainage pattern of the

subdivision site, and shall drain into appropriate water bodies or public drainage system. In no

case shall drainage outfalls drain into a private lot. Its layout shall conform to sound engineering

design/principles certified by a duly licensed civil/sanitary engineer. Drain lines shall be of

durable materials and approved installation practices.

For both open market and medium cost subdivision projects, underground drainage system

shall be properly engineered and environmentally sound and shall be provided with adequate

Reinforced Concrete Pipes (RCP), catch basins manholes, inlets and cross drain for efficient

maintenance. Minimum drainage pipes diameter shall be 30 centimeters.

2. STREAM COURSES

Where a subdivision is traversed by a watercourse or stream courses, a drainage easement

conforming substantially to the line of such watercourse, drainage way, waste way, channel o

stream, and of such width for construction, maintenance and control as will be determined by

the city, upon recommendation from the city engineer, adequate for the purpose shall be

provided.

3.

LAND SUBJECT TO FLOODING

"Land Subject to Flooding" has been divided in the regulations into two different types of areas

a.

Bordering Land Subject to Floodingincludes areas which flood as a result of water rising

from creeks, ponds, rivers, or lakes.

b.

Isolated Land Subject to Floodingincludes areas which flood due to ponding of run-off or

high ground water.

OVERLAY

An overlayis a map in a council planning scheme showing the location and extent of specia

features, such as where land may be subject to flooding.

Their key purpose is to: (1) minimize the effects of overland flows and flooding on new

buildings and (2) ensure new developments that do not adversely affect existing properties.

4.

DETENTION/RETENTION PONDS

Two different kinds of ponds are often used for flood control and storm water runoff

treatment: wet ponds and dry ponds. Both systems function to settle suspended sediments and

other solids typically present in storm water runoff.

a. Wet or Retention Ponds

Wet ponds are also called retention ponds and they hold back water similar to wate

behind a dam. Wet ponds are frequently used for water quality

improvement, groundwater recharge, flood protection, aesthetic improvement or any

combination of these. Sometimes they act as a replacement for the natural absorption

of a forest or other natural process that was lost when an area is developed. As such,

these structures are designed to blend into neighborhoods and viewed as an amenity.

b. Dry or Detention Ponds

Detention ponds are more common in the arid west and serve as important flood contro

features. They are usually dry except during or after rain or snow melt. Their purpose is to


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slow down water flow and hold it for a short period of time such as 24 hours. Urban areas

rely on these structures to reduce peak runoff rates associated with storms, decreasing

flood damage.

E.

PARKS

PD 957

RULE I

MINIMUM DESIGN STANDARDS

Section 1. Design Standards for Subdivision

MINIMUM DESIGN STANDARDS AND

REQUIREMENTS FOR ECONOMIC AND

SOCIALIZED HOUSING PROJECTS

Section 5. Technical Guidelines and

Standards for Subdivisions


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III.

ENVIRONMENTAL REGULATIONS

REPUBLIC ACT NO. 7586

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED

AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES.

Section 1. Title This Act shall be know and referred to as the National Integrated Protected

areas system Act of 1992. Section 3. CategoriesThe following categories of protected areas are hereby established:

a. Strict nature reserve

b.

Natural park

c.

Natural monument

d. Wildlife sanctuary

e.

Protected landscapes and seascapes

f.

Resource reserve

g.

Natural biotic areas

h. Other categories established by law, conventions or international agreements which the

Philippines Government is a signatory.

Section 20. Prohibited Acts. Except as may followed by the nature of their categories and

pursuant to rules and regulations governing the same, the following acts are prohibited within

protected areas:

a.

Hunting, destroying, disturbing, or mere possession of any plants or animals or products

derived therefrom without a permit from the Management Board.

b.

Dumping of waste products detrimental to the protected area, or to the plants and animals

or inhabitants therein.

c. Use of motorized equipment without a permit from the Management Board

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultura

communities (of scenic value)

e.

e. Damaging and leaving roads and trails in a damaged condition

f. f. Squatting, mineral locating, or otherwise occupying any land

g.

g. Constructing or maintaining any kind of structure, fence or enclosures, conducting anybusiness enterprise without a permit

h.

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in

bodies without a permit

i.

i. Altering, removing, destroying or defacing boundary marks or signs.

j.

Section 21. Penalties whoever violates this Act or any rules and regulations issued by the

Department pursuant to this Act or whoever is found guilty by a competent court of justice


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or any of the offences in the preceding section shall be fined in amount of not less than Five

thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), Exclusive

of the value of the thing damaged or imprisonment for not less than one (1) year but not

more than six (6) years, or both, as determined by the court: Provided, that, if the area

requires rehabilitation or restoration as determined by the court, the offender shall be

required to restore or compensate for the restoration to the damages: Provided, further, that

court shall be shall order the eviction of the offender from the land and the forfeiter in favo

of the government Of all minerals, timber or any species collected or removed including al

equipment, devices and firearms used in connection therewith, and any construction or

improvement made thereon by the offender. If the offender is an association or corporation

the President or Manager shall be directly responsible for the act of his employees and

laborers: Provided, finally, that the DENR may impose administrative fines and penalties

consistent with this Act.


AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR

HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. TitleThis Act shall be known as the Wildlife Resources Conservation and ProtectionAct.

CHAPTER IVILLEGAL ACTS

Section 27. Illegal actsunless otherwise allowed in accordance with this act, it shall be unlawful fo

any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the

following acts

(c)Effecting any of the following acts in critical habitat(s)

(i) dumping of waste products detrimental to wildlife

(ii) squatting or otherwise occupying any portion of the critical habitat

(iii) mineral exploration and/or extraction

(iv) burning

(v) Logging

(vi) Quarrying

(d) introduction, reintroduction or restocking of wildlife resources

(e) Trading wildlife

(f) collecting, hunting or possessing wildlife, their by-products and derivatives

(g) Gathering or destroying of active nests, nest trees, host plants and the like

(h) Maltreating and/or inflicting other injuries not covered by the preceding paragraph

and;

(i) Transporting of wildlife


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CHAPTER VFINES AND PENALTIES

Section 28. Penalties for violations of this Act. For any person who undertakes illegal acts unde

paragraph (a) of the immediately preceding section to any species as may be categorized

pursuant to this Act, the following penalties and/or fines shall be imposed

(a)Imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or fine of

One hundred thousand pesos (P100,000) to One million pesos (P1,000,000), If inflicted o

undertaken against species listed as critical.


AN ACT PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL CULTURAL HERITAGE,

STRENGTHENEN THE NATIONAL COMMISSION FOR CULTUREAND THE ARTS (NCCA) AND ITS AFFILIATED

CULTURAL AGENCIES, AND FOR OTHER PURPOSES

Section 1. Titlethis Act shall be known as the National Cultural Heritage Act of 2009.

Article IIDefinition of Terms

Section 3. Definition of TermsFor purposes of this Act, the following terms shall be defined as

follows:

(d) Archaeological Area- shall refer to any place, whether above or underground, underwater or at

sea level, containing fossils, artifacts and or other cultural, geological, botanical, zoological materials

which depict and document culturally relevant paleontological, prehistoric and/or historic events.

Article III- Cultural property

Section 4. CategoriesThe cultural property of the country shall be categorized as follows:

(a)National cultural treasures

(b)

Important cultural property

(c)

World heritage sites

(d)National historic shrine

(e)National historic monument

(f)

National historic landmark

Section 5. Cultural Property Considered Important Cultural Property.For purposes of protecting

a cultural property against exportation, modification or demolition, the following works shall be

considered important cultural property, unless declared otherwise by the pertinent cultura

agency:

Unless declared by the Commission,

(a)

Works by Manlilikha ng Bayan

(b)

Works by National Artist

(c)Unless declared by the National Museum

(d)Archaeological and traditional ethnographic materials


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(e)

Unless declared by the National Historical Institute

(f)

Works of National Heroes

(g) Marked structure

(h)

Structures dating at least fifty (50) years old; and

(i)

Unless declared by the National Archives

(j)

Archival material/document dating at least fifty (50) years old.

Article XIII- Penal Provisions

Section 48. Prohibited Acts to the extent that the offense is not punishable by a highe

punishment under another provision of law, violations of this Act may be made by whoever

intentionally:

(a)

Destroys, demolishes, mutilates or damages any world heritage site, national cultura

treasures, important cultural property and archaeological and anthropological sites

(b)Modifies, alters, or destroys the original features of or undertakes construction or real estate

development in any national shrine, monument, landmark and other historic edifices andstructures, declared, classified, and marked by the National Historical Institute as such

without the prior written permission from the Commission.

(c)This includes the designated security or buffer zone, extending five (5) meters from the visible

perimeter of the monument or site

(d)

Explores, excavates or undertakes diggings for the purpose of obtaining materials of cultura

historical value without prior written authority from the National Museum. No excavation or

diggings shall be permitted without the provision of a certified archaeologist

(e)

Appropriates excavation finds contrary to the provisions of the new Civil code and othe

pertinent laws

(f) Imports, sells, distributes, procures, acquires, or exports cultural property stolen, or otherwise

lost against the will of the lawful owner

(g)Illicitly exports cultural property listed in the Philippine Registry of Cultural Property or those

that may be categorized as such upon visitation or incorrectly declares the same during

transit; and

(h)

Deals in cultural property without proper registration and license issued by the Cultura

Agency concerned

PRESIDENTIAL DECREE No. 1151PHILIPPINE ENVIRONMENTAL POLICY

Section 1.Policy.

(a) to create, develop, maintain and improve conditions under which man and nature can

thrive in productive and enjoyable harmony with each other,

(b) to fulfill the social, economic and other requirements of present and future generations of

Filipinos, and


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(c) to insure the attainment of an environmental quality that is conducive to a life of dignity

and well-being.

Section 2.Goal.

(a) recognize, discharge and fulfill the responsibilities of each generation as trustee and

guardian of the environment for succeeding generations,

(b) assure the people of a safe, decent, healthful, productive and aesthetic environment,

(c) encourage the widest exploitation of the environment without degrading it, or

endangering human life, health and safety or creating conditions adverse to agriculture,

commerce and industry,

(d) preserve important historic and cultural aspects of the Philippine heritage,

(e) attain a rational and orderly balance between population and resource use, and

(f) improve the utilization of renewable and non-renewable resources.

Section 3. Right to a Healthy Environment.

Section 4. Environmental Impact Statements.

(a) the environmental impact of the proposed action, project or undertaking

(b) any adverse environmental effect which cannot be avoided should the proposal be

implemented;

(c) alternative to the proposed action;

(d) a determination that the short-term uses of the resources of the environment are consistent

with the maintenance and enhancement of the long-term productivity of the same; and

(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding

must be made that such use and commitment are warranted.REPUBLIC ACT NO. 9003

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE

MANAGEMENT PROGRAM, CREATING THE NECESSARY

INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING

PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

CHAPTER I

BASIC POLICIES

Article 1

General Provisions

Sec 1. Short Title. - This Act shall be known as the "Ecological Solid Waste Management Act of

2000."

Sec. 2. Declaration of Policies.

(a) Ensure the protection of the public health and environment;


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(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources

and encourage resource conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction through source

reduction and waste minimization measures, including composting, recycling, re-use,

recovery, green charcoal process, and others, before collection, treatment and disposal in

appropriate and environmentally sound solid waste management facilities in accordance

with ecologically sustainable development principles;

(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid

waste through the formulation and adoption of the best environmental practice in ecological

waste management excluding incineration;

(e) Promote national research and development programs for improved solid waste

management and resource conservation techniques, more effective institutional arrangement

and indigenous and improved methods of waste reduction, collection, separation and

recovery;

(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management with localgovernment units while establishing a cooperative effort among the national government, other

local government units, non- government organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the

application of market-based instruments;

(i) Institutionalize public participation in the development and implementation of national and

local integrated, comprehensive, and ecological waste management programs; and

(j) Strength the integration of ecological solid waste management and resource conservation

and recovery topics into the academic curricula of formal and non-formal education in order

to promote environmental awareness and action among the citizenry.

Article 2

Definition of Terms

Sec. 3. Definition of Terms

(a) Agricultural waste shall refer to waste generated from planting or harvesting of crops,

trimming or pruning of plants and wastes or run-off materials from farms or fields;

(b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in

separate containers because of either its bulky size, shape or other physical attributes. These

include large worn-out or broken household, commercial, and industrial items such as

furniture, lamps, bookcases, filing cabinets, and other similar items;

(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts

recyclable materials from the public for the purpose of recycling such materials;

(e) Collection shall refer to the act of removing solid waste from the source or from a

communal storage point;


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(f) Composting shall refer to the controlled decomposition of organic matter by micro-

organisms, mainly bacteria and fungi, into a humus-like product;

(g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other

discarded items such as radios, stereos, and TV sets;

(h) Controlled dump shall refer to a disposal site at which solid waste is deposited in

accordance with the minimum prescribed standards of site operation;

(i) Department shall refer to the Department of Environment and Natural Resources;

(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any

solid waste into or in an land;

(k) Disposal site shall refer to a site where solid waste is finally discharged and deposited;

(l) Ecological solid waste management shall refer to the systematic administration of activities

which provide for segregation at source, segregated transportation, storage, transfer,

processing, treatment, and disposal of solid waste and all other waste management activities

which do not harm the environment;

(m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable orcompostable, recyclable and not toxic or hazardous to the environment;

(n) Generation shall refer to the act or process of producing solid waste;

(o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it

available for disposal or recycling;

(p) Hazardous waste shall refer to solid waste management or combination of solid waste

which because of its quantity, concentration or physical, chemical or infectious characteristics

may:

(1) cause, or significantly contribute to an increase in mortality or an increase in serious

irreversible, or incapacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the environment

when improperly treated, stored, transported, or disposed of, or otherwise managed;

(q) Leachate shall refer to the liquid produced when waste undergo decomposition, and

when water percolate through solid waste undergoing decomposition. It is contaminated

liquid that contains dissolved and suspended materials;

(r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off

center, a composting facility, and a recycling facility;

(s) Municipal waste shall refer to wastes produced from activities within local government units

which include a combination of domestic, commercial, institutional and industrial wastes and

street litters;

(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately

thrown or disposed of without due planning and consideration for environmental and Health

standards;


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(u) Opportunity to recycle shall refer to the act of providing a place for collecting source-

separated recyclable material, located either at a disposal site or at another location more

convenient to the population being served, and collection at least once a month of source-

separated recyclable material from collection service customers and to providing a public

education and promotion program that gives notice to each person of the opportunity to

recycle and encourage source separation of recyclable material;

(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or

of being the subject of legal relations;

(w) Post-consumer material shall refer only to those materials or products generated by a

business or consumer which have served their intended end use, and which have been

separated or diverted from solid waste for the purpose of being collected, processed and

used as a raw material in the manufacturing of recycled product, excluding materials and by-

products generated from, and by-products generated from, and commonly used within an

original manufacturing process, such as mill scrap;

(x) Receptacles shall refer to individual containers used for the source separation and the

collection of recyclable materials;

(y) Recovered material shall refer to material and by products that have been recovered ordiverted from solid waste for the purpose of being collected, processed and used as a raw

material in the manufacture of a recycled product;

(z) Recyclable material shall refer to any waste material retrieved from the waste stream and

free from contamination that can still be converted into suitable beneficial use or for other

purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap

metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other

materials as may be determined by the Commission;

(aa) Recycled material shall refer to post-consumer material that has been recycled and

returned to the economy;

(bb) Recycling shall refer to the treating of used or waste materials through a process of

making them suitable for beneficial use and for other purposes, and includes any process by

which solid waste materials are transformed into new products in such a manner that the

original product may lose their identity, and which maybe used as raw materials for the

production of other goods or services: Provided, That the collection, segregation and re-use of

previously used packaging material shall be deemed recycling under this Act;

(cc) Resource conversation shall refer to the reduction of the amount of solid waste that are

generated or the reduction of overall resource consumption, and utilization of recovered

resources;

(dd) Resources recovery shall refer to the collection, extraction or recovery of recyclable

materials from the waste stream for the purpose of recycling, generating energy or producing

a product suitable for beneficial use: Provided, That such resource recovery facilities exclude

incineration;

(ee) Re-use shall refer to the process of recovering materials intended for the same or different

purpose without the alteration of physical and chemical characteristics;


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(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and

maintained in a manner that exerts engineering control over significant potential environment

impacts arising from the development and operation of the facility;

IV: OTHER CODES AND REQUIREMENTS

A.HISTORIC PRESERVATION AND LANDMARKS

Republic Act No. 841

Perhaps the most important power delegated to local governments through RA 841 was the ability

to initiate the preservation of historic sites at the local level. Prior to this act, all nationally significant

historic preservation was initiated in a top-down fashion by the Philippines Historical Committee. Unde

RA 841, local governments were charged with the identification and construction of future

monuments, with oversight from the PHC.

Republic Act No. 4368

Passed in 1965, Republic Act No. 4368 changed the name of the national monument committee

from the Philippines Historical Committee to the National Historical Commission (NHC) and requiredthe Commission to take charge of all historical activities or projects, not otherwise undertaken by

any entity of the government.Despite the broadening of the NHCs scope of authority, the Philippine

preservation program still remained focused on the management of historic sites.

Cultural Properties Preservation and Protection Act

The historic preservation movement in the Philippines received much support in 1966 when the

Cultural Properties Preservation and Protection Act (CPPPA) officially declared preservation to be a

state policy. It is hereby declared to be the policy of the state to preserve and protect the cultural

properties of the nation and to safeguard their intrinsic value.

National Cultural Heritage Act

The NCHA states that the government shall endeavor to create a balanced atmosphere where

the historic past coexists in harmony with modern society. It shall approach the problem of

conservation in an integrated and holistic manner, cutting across all relevant disciplines and

technologies.

Under the NCHA, government cultural agencies are empowered with much more control ove

privately owned cultural property. For example, agencies now have the power to issue a mandatory

and legally binding cease and desist order when the physical integrity of the national cultura

treasures or important cultural properties are found to be in danger of destruction or significant

alteration from its original state. Cultural agencies also have the power to issue compulsory repairorders for neglected cultural properties. Furthermore, cultural agencies have been granted oversight

for the rehabilitation of cultural properties, including approval of only those methods and materials

that strictly adhere to the accepted international standards of conservation. Private owners of

historic monuments and sites must also coordinate with cultural agencies to arrange a schedule for

public access.


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B.

ARCHITECTURAL (DESIGN) CONTROLS

The term Architectural Controls (also: Architectural Guidelines) in urban planning refers to the

design guidelines used to harmonize and enhance the exterior presentation of homes and

buildings with the general scheme of civic design. They often include materials, colors, styles

massing, textures and scales.

Deliverables may include a historic structures report and/or an assessment and conditions

report. At the completion of a significant historic project, a cycle maintenance report often is

completed. Other types of reports, such as a determination of eligibility and a statement of effectsmay be required by authorities having jurisdiction over a project, such as local historic landmark

and historic district review boards and the state historic preservation officer.

Scope of Architectural Guidelines

In new community development Architectural Guidelines typically deal with materials, colors

styles, massing, textures and scales as well as landscaping attributes. These are most often

administered on behalf of homebuyers by their builder, in collaboration with the Land Developer

or the Developers Architectural Consultants.

In addition, Architectural Guidelines can be extended to encompass a wide array of factors that

may extend beyond the scope of building or landscape design. Although the following is not anexhaustive list, here are items that can be impacted by Architectural Controls or similar ordinances

Woodpiles

Trash, Trash Containers & Recyclables

Rain barrels

Gazebos & Outbuilding

Gas grills

Landscaping including Plant Varieties, Materials and/or Garden Plots & Composting

Fences

Decorative Objects, Exterior Lights, Flag Poles

House Numbers Decks, Patios, Retaining Walls and Walkways

Clothes Lines

Basketball Backboards & Polls

In-home Businesses

Building Maintenance

Yard and Landscape Maintenance Requirements

Placement of Tarps, Vehicles or Construction Materials

Awnings and Sun Trellises

Animal Shelters and Dog Runs

Air Conditioner Units

C.

SPECIAL DISTRICTS

A form of local government created by a local community to meet a specific need. Inadequate

tax bases and competing demands for existing taxes make it hard for cities and countries to

provide all the services their citizens desire.(e.g. UAPUnited Architects of the Philippines)


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D.

MISCELLANEOUS

Various types:

1. Mobile homes

A mobile home is a dwelling unit which is or can be capable of being transported from

place to place using wheels that are or could be attached to the unit itself. It must have at

least one bedroom, a kitchen, bathroom, and one other room used generally for living.

2.

Billboards

OFF-PREMISE ADVERTISING SIGN

A sign capable of displaying words, symbols, figures or images that can be electronically

changed by remote or automatic means.

An advertising sign that directs the attention of the public to a business activity

conducted or product sold or offered for sale at a location not on the same premises

where such sign is located.

The sign shall be constructed and erected in accordance with the Building Code. Size, Height and Type and Setbacks are dependent on its individual zoning district

regulations.

3.

Noise

Industrial establishments shall be provided with positive noise abatement devices to lowe

the noise level of equipment and machineries to within acceptable limits set by the DoLE and

the DENR.

Documents

Regulatory Factors