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 districts and 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 of
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 NON CONFORMING USES
A non conforming 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. Non conforming 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 for
the non conforming 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 beneficial
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, and
subject 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 millimetres 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 for
each of the other Group Occupancies covering: allowable construction, height, and area;
location on property, exit facilities, light, ventilation, and sanitation; enclosure of vertical
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 of
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.

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 not
exceed 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.

E. LOT COVERAGE
OPEN SPACE REQUIREMENT
Lot Types (and Required Open Space in respect with Occupancy)

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.

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 shall
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 shall
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 a
minimum 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 shall
not the road right-of-way is wider than the prescribed standard for the interconnecting road of
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 rightof-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 to
property 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 vertical
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 prefer
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 avoided.
Larger 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 Turnaround

Min.
R/W1(feet)

Min. curb
to curb
(feet)

Min. R/W

Min. curb

radius to

radius to

Max. Grade

connecting

connecting

(%)

street (feet)

street (feet)

Cul-de-sac (radius)

50

48

26

28

IFC Y (leg length each)

62

60

24

26

124

120

26

28

IFC T Hammerhead (top

length)

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Type of IFC Turnaround

Min.
R/W1(feet)

Min. curb
to curb
(feet)

Min. R/W

Min. curb

radius to

radius to

Max. Grade

connecting

connecting

(%)

street (feet)

street (feet)

26

28

IFC Alternate to 120-ft.

Hammerhead (leg length

72

70

each)

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 plans.
In 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 or
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 coincident
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 or
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 Flooding includes areas which flood as a result of water rising
from creeks, ponds, rivers, or lakes.
b. Isolated Land Subject to Flooding includes areas which flood due to ponding of run-off or
high ground water.
OVERLAY
An overlay is a map in a council planning scheme showing the location and extent of special
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 water
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 control
features. They are usually dry except during or after rain or snow melt. Their purpose is to
16

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

17

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. Categories The 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 cultural
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 any

business 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
18

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 favor
of the government Of all minerals, timber or any species collected or removed including all
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.
REPUBLIC ACT NO. 9147
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR
HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1. Title This Act shall be known as the Wildlife Resources Conservation and Protection
Act.
CHAPTER IV ILLEGAL ACTS
Section 27. Illegal acts unless otherwise allowed in accordance with this act, it shall be unlawful for
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 V FINES AND PENALTIES

Section 28. Penalties for violations of this Act. For any person who undertakes illegal acts under
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 or
undertaken against species listed as critical.
REPUBLIC ACT NO. 10066
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. Title this Act shall be known as the National Cultural Heritage Act of 2009.
Article II Definition of Terms
Section 3. Definition of Terms For 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. Categories The 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 cultural
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 higher
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 cultural
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 and
structures, 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 cultural
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 other
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 Cultural
Agency concerned
PRESIDENTIAL DECREE No. 1151
PHILIPPINE 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
21

(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 local
government 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 microorganisms, 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 or
compostable, 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 sourceseparated 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 sourceseparated 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 byproducts 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 or
diverted 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. Under
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 required
the 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 over
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 cultural
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 repair
orders 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 effects,
may 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 an
exhaustive 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. UAP United 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 lower
the noise level of equipment and machineries to within acceptable limits set by the DoLE and
the DENR.

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