Requiring Every Owner of an Existing Subdivision to Plant Trees in Designated Areas

July 12, 1993

RULES IMPLEMENTING P.D. 953 REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND VEGETATION

Pursuant to Article IV Section 5(l) of Executive Order No. 648 the following rules are promulgated to implement Presidential Decree 953.

RULE I

General Provisions

SECTION 1. Title. — this Rules and Regulations shall be known as the Rules and Regulations implementing PD 953 which Requires among others Every Owner of an Existing Subdivision to Plant Trees in Designated Areas.

SECTION 2. Declaration of Policies. — It is the policy of the government to create and maintain a healthful environment by requiring the planting of trees in areas reserved as parks and playgrounds and along all roads and service streets.

SECTION 3. Scope of Application. — These rules shall apply to all existing subdivisions approved as of the effectivity of the law on July 6, 1976.

RULE II

SECTION 4. Definition of Terms:

1. Existing Subdivision — it shall refer to subdivision projects whose plans have been approved after July 6, 1976 by the government authorities concerned, provided that the road lots and open spaces therein have not yet been issued certificate of completion by the Board and donated to the local government unit concerned or to the Homeowners Association in the case of parks and playground. It shall include those projects approved prior to July 1976 if the same were registered and issued license to sell after July 6, 1976.

2. Subdivision — it shall refer to a subdivision as defined under PD 957 and which have designated open spaces and delineated road lots/service streets in the approved plans.

3. Open spaces — shall mean an area reserved exclusively for parks, playgrounds, recreational uses and other similar facilities and amenities.

4. Road Lots — shall include roads, sidewalks, alleys and planting strips and its gutters drainage and sewerage.

5. Application — refers to applications for development permit, alteration, license to sell, requests for extension of time, advertisement, mortgage clearance and other similar permits pursuant to PD 957 and other related laws and its implementing rules and regulations.

6. Deputees — refers to the heads of regional field offices of the Board or the local government official deputized pursuant to the rules implementing EO 71 Series of 1993.

RULE III

HLURB Action

SECTION 5. Approval of Subdivision Plans. — No subdivision plan shall be approved without the submission of an undertaking from owner/developer to plant trees as indicated therein within one year from the issuance of its License to Sell or such period as may be approved by the Board.

SECTION 6. License to Sell. — No License to Sell shall be issued without the submission of plans duly approved by the Housing and Land Use Regulatory Board (HLURB) based on the manuals/guidelines of the BFD indicating the location and type of trees to be planted in its parks and playground (open space) and along roads and service streets. SADECI

SECTION 7. Monitoring of Compliance. — Monitoring of compliance to these rules shall form part of the regular monitoring activities of the Board. The HLURB or its deputees shall monitor compliance to this requirements by accomplishing the prescribed inspection report (Annex A of this Rules). The report as prescribed per Annex A shall be accomplished for every inspection conducted after the issuance of the license to sell and shall be an integral part of the report form prescribed under Office Circular 11, Series of 1990. Non compliance to the tree planting requirements shall be a cause for cancellation of License to Sell.

SECTION 8. Issuance of Certificate of Completion. — No Certificate of Completion (COC) shall be issued by the HLURB unless the subdivision owner/developer complies with the provisions of these Rules and Regulations.

RULE IV

Obligations of the Owner/Developer of Subdivision

SECTION 9. Maintenance. — It shall be the continuing obligation of the owner/developer to take good care of the trees planted and from time to time remove any tree planted by them in their respective areas which has grown very old, is deceased or in defective and replant with trees their respective areas whenever necessary. The developer shall be relieved of the obligation to maintain the trees planted only upon the issuance of a certificate of completion by the HLURB and upon receipt by the local government unit concerned of the Deed of Donation for the Road Lots and open spaces duly executed in their favor on the Homeowners Association in the case of parks and playground with the consent of the local government.

RULE V

Sanctions

SECTION 10. Application of the Rules and Regulations Implementing the Criterion on Good Repute. — No new applications of developers who have not complied with the tree planting requirements in his previous application(s) shall be acted upon unless he issues proof of compliance with his previous project(s).

RULE VI

Miscellaneous Provisions

SECTION 11. Supplemental Rules. — The Chief Executive shall issue supplemental rules as may be necessary in implementing and interpreting these guidelines consistent with the provisions thereof.

SECTION 12. Separability Clause. — In case these rules or any part thereof are found to be unconstitutional or invalid for any reasons the remainder thereof shall not be affected by the declaration of invalidity and shall remain in full force and effect.

SECTION 13. Effectivity. — These Rules shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Approved this 12th day of July, 1993 at Quezon City.