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Contents of document: Provisions of public spaces in Philippine laws and the New Urban
Agenda (2017)
List of Philippine Laws with provisions for public spaces
1. The 1987 Constitution of the Republic of the Philippines
• Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. 

• Section 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands and national parks. 

2. Commonwealth Act No. 141: Public Land Act (Nov. 7, 1936)

• Chapter XI. Reservations for Public and Semi-Public Purposes. Section 83. Upon the
recommendation of the Secretary of Agriculture and Commerce, the President may
designate by proclamation any tract or tracts of land of the public domain as reservations
for the use of the Commonwealth of the Philippines or of any of its branches, or of the
inhabitants thereof, in accordance with regulations prescribed for this purpose, or for
quasi-public uses or purposes when the public interest requires it, including reservations
for highways, rights of way for railroads, hydraulic power sites, irrigation systems,
communal pastures or leguas comunales, public parks, public quarries, public fishponds,
workingmen's village and other improvements for the public benefit. 

3. Presidential Decree No. 953: Requiring the planting of trees in certain places and
penalising unauthorised cutting, destruction, damaging and injuring of certain trees, plants,
and vegetation (6 July 1976)

• Section 2. Every owner of land subdivided into residential/commercial/industrial lots after
the effectivity of this Decree shall reserve, develop and maintain not less than thirty
percent (30%) of the total area of the subdivision, exclusive of roads, service streets and
alleys, as open space for parks and recreational areas.

• No plan for a subdivision shall be approved by the Land Registration Commission or any
office or agency of the government unless at least thirty percent (30%) of the total area of
the subdivision, exclusive of roads, service streets and alleys, is reserved as open space
for parks and recreational areas and the owner thereof undertakes to develop such open
space, within three (3) years from the approval of the subdivision plan, in accordance with
the development plan approved by the Bureau of Forest Development and to maintain
such parks and recreational areas.

4. Presidential Decree No. 957: Regulating the sale of subdivision lots and condominiums,
providing penalties for violations thereof (July 12, 1976)
• Section 2.
• (d) Subdivision project. "Subdivision project" shall mean a tract or a parcel of land
registered under Act No. 496 which is partitioned primarily for residential purposes into
individual lots with or without improvements thereon, and offered to the public for sale,
in cash or in installment terms. It shall include all residential, commercial, industrial and
recreational areas as well as open spaces and other community and public areas in the
project.

• (f) Complex subdivision plan. "Complex subdivision plan" shall mean a subdivision plan
of a registered land wherein a street, passageway or open space is delineated on the
plan.
• Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments
relative to the sale or conveyance of the subdivision lots and condominium units, whether
or not the purchase price is paid in full, shall be registered by the seller in the Office of the
Register of Deeds of the province or city where the property is situated.

• Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together
with the corresponding owner's duplicate certificate of title, is presented to the Register
of Deeds for registration, the Register of Deeds shall register the same in accordance with
the provisions of the Land Registration Act, as amended: Provided, however, that it there
is a street, passageway or required open space delineated on a complex subdivision plan
hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on
the new certificate of title covering the street, passageway or open space, a
memorandum to the effect that except by way of donation in favor of a city or
municipality, no portion of any street, passageway, or open space so delineated on the
plan shall be closed or otherwise disposed of by the registered owner without the
requisite approval as provided under Section 22 of this Decree.

• Section 22. Alteration of Plans. No owner or developer shall change or alter the roads,
open spaces, infrastructures, facilities for public use and/or other form of subdivision
development as contained in the approved subdivision plan and/or represented in its
advertisements, without the permission of the Authority and the written conformity or
consent of the duly organized homeowners association, or in the absence of the latter, by
the majority of the lot buyers in the subdivision.

• Section 29. Right of Way to Public Road. The owner or developer of a subdivision
without access to any existing public road or street must secure a right of way to a public
road or street and such right of way must be developed and maintained according to the
requirement of the government and authorities concerned.

• Section 31. Donations of roads and open spaces to local government. The registered
owner or developer of the subdivision or condominium project, upon completion of the
development of said project may, at his option, convey by way of donation the roads and
open spaces found within the project to the city or municipality wherein the project is
located. Upon acceptance of the donation by the city or municipality concerned, no
portion of the area donated shall thereafter be converted to any other purpose or
purposes unless after hearing, the proposed conversion is approved by the Authority.

5. Presidential Decree No. 1216: Defining “Open Space in Residential Subdivisions and
amending section 31 on PD No. 957 requiring subdivision owners to provide roads, alleys,
sidewalks, and reserve open space for parks or recreational use (14 October 1977 /
Amended PD 957)

• "open space" shall mean an area reserved exclusively for parks, playgrounds, recreational
uses, schools, roads, places of worship, hospitals, health centers, barangay centers and
other similar facilities and amenities.

• Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a
subdivision shall provide adequate roads, alleys and sidewalks. For subdivision projects
one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the
gross area for open space. Such open space shall have the following standards allocated
exclusively for parks, playgrounds and recreational use:

(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross
hectare).

(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per
gross hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots and below
per gross hectare).

These areas reserved for parks, playgrounds and recreational use shall be non-alienable
public lands, and non-buildable. The plans of the subdivision project shall include tree
planting on such parts of the subdivision as may be designated by the Authority.

• Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and
playgrounds shall be donated by the owner or developer to the city or municipality and it
shall be mandatory for the local governments to accept provided, however, that the parks
and playgrounds may be donated to the Homeowners Association of the project with the
consent of the city or municipality concerned. No portion of the parks and playgrounds
donated thereafter shall be converted to any other purpose or purposes.

6. Batas Pambansa 220: An act authorising the ministry of human settlements to establish
and promulgate different levels of standards and technical requirements for economic and
socialised housing projects in urban and rural areas from those provided under presidential
decrees numbered 957, 1216, 1096, 1185 (June 11, 1982)
• Rule II, Definitions. Section 3. 

• Dwelling: A building designed or used as residence for one or more families. Single-
Family detached - a dwelling for one family which is completely surrounded by
permanent open spaces, with independent access, services, and use of land.

• Open Space: Shall refer to areas allocated for the following purposes: Circulation,
community facilities, park/playground, easements, courts

• PARK/PLAYGROUND : That portion of the subdivision which is generally not built on
and intended for passive or active recreation.

• PATHWALK/FOOTPATH : A public way intended for pedestrian and which cuts across a
block to provide access to adjacent streets or property with maximum length of 100
meters if connecting to roads and 50 meters if terminating in a dead end.

• Rule III: Minimum Design Standards and Requirements for Economic and Socialized
Housing. Section 5, B. Basic needs of human settlements, enumerated in descending
order as follows:
1) Water 

2) Movement and Circulation 

3) Storm drainage 

4) Solid and Liquid Waste Disposal 

5) Power 

6) Park/Playground

• Rule III, Section 6, B. Allowance for future development: Project design should
consider not only the reduction of cost of development to a minimum but also provision
for possible future improvement or expansion, as in the prescription of lot sizes, rights-of-
way of roads, open space, allocation of areas for common uses and facilities. 

• Rule III, Section 6, C. Land Allocation: 

• 2. Area allocated for circulation system. The area allocated for the circulation system
shall not be fixed, as long as the prescribed dimension and requirements for access (to
both the project site and to dwelling units) specified in these Design Standards are
complied with.
• Area allocated for community facilities. Sites for community facilities shall be
reserved or allocated by the developer, where such facilities may be constructed/put up
the Homeowners Association as the need arises. Said sites shall be used exclusively for
these facilities as defined in Rule II, and the area shall be exclusive of that area intended
for park/playground.
• The area allocated for community facilities shall vary with the density of the subdivision,
i.e., number of lots and/or living units whichever is applicable, as shown in Table I. 

TABLE I

REQUIRED AREA FOR COMMUNITY FACILITIES 

ACCORDING TO DENSITY

No. of lots and/or living units Areas for Community Facilities

per ha.  % of gross area of subdivision 

150 and below 1%

151 to 225 1.5%

above 225 2.0%

• Community facilities shall be centrally located where they can serve maximum member
of population, preferably near or side by side the park/playground.

• Area allocated for park/playground. Provision for park/playground is required in all
cases. Allocation of areas for parks and playgrounds shall be exclusive of those
allocated for community facilities and shall vary according to the density of lots and/or
living units in the subdivision, whichever is applicable, as shown in Table 2.   

TABLE 2

REQUIRED AREA FOR PARK/PLAYGROUND

ACCORDING TO DENSITY 

Area for Park / Density Playground

No. of lots and/or living % of gross area of 

units per hectare subdivision 

150 and below 3.5 

151 to 225 7.0 

above 225 9.0

• Location of parks shall be based on hierarchy, accessibility and shall be free from
hazard, risks, barriers, etc. 

• Landscaping (sodding and tree-planting) shall be done by the subdivision developer/
owner. 

• Minimum size for a pocket park is 100 square meters.

• Section 7, 2. Developed Area, B. Circulation System. 1. Circulation system shall be
the same in both Underdeveloped Area and a Developed Area projects except for type
of pavement which is adopted on regional or locational peculiarities of the project site.

TABLE 3: HIERARCHY OF ROADS 

Type of Right-of Maximum 

Road Way Carriageway Length 

Major 8.00 6.00

Minor 6.50 5.00 120 m. (dead end),

provide for turn

around space. If 50 m.

or less, turn around
space not required.

Alley 3.00 3.00 150 m. (both ends

connecting to a Minor

road), 75 m. (dead

end)

Footpath 2.00 2.00 100 m. (both ends

connecting to an alley),

50 m. (dead end) 

TABLE 4: MAXIMUM SIZES OF PROJECTS PER HIERARCHY OF  ROAD 

Project Size Range Road Network

above 0 — 2.50 has Minor road, alley footpath

above 2.50 — 15.00 has Major road, minor road alley,

footpath.

above 15.00 — 30.00 has Model B's major road, then

major road to footpath as

cited in Table 3. (Model B of 

PD 957)

above 30.00 Model A's collector road,

service road, then major road to

footpath as cited in Table 3.

Model A of PD 957)

• B. Circulation System, d. Optimization as to number of lots to lessen area for roads, at
the same time enhance community interaction. f. 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.

• Section 8. Building Design Standards and Guidelines. c. Open space requirements.
— Open spaces shall be located totally or distributed anywhere within the lot in such a
manner as to provide maximum light and ventilation into the building.

• Rule VII. Miscellaneous Provisions. Sec. 33. Donations of Roads, Open Spaces and
Water Supply. — The owner or project developer shall donate the roads and open spaces
found in the project to the local government of the area after their completion had been
certified to by the Commission and it shall be mandatory for the said local government to
accept such donations. Parks and playgrounds may be donated to the duly accredited
Homeowners Association of the project with the consent of the city or municipality
concerned under PD 1216.

7. Batas Pambansa 344: An Act to enhance the mobility of disabled persons by requiring
certain buildings, institutions, establishments, and public utilities to install facilities and
other devices, IRR (July 26, 1982)
• Rule I. Scope and Application. 3. Scope. The provisions of these Rules and Regulations
shall apply to the following:

• 3.1 Public and private buildings and related structures for public use and which shall be
constructed repaired or renovated.

• 3.2 Streets and highways and public utilities

• 3.2.1 Streets and highways

• 4. Application
• 4.2.1.Streets, highways and transport related structures to be constructed –
Streets, highways and transport related structures shall be provided with the following
barrier-free facilities and accessibility features at every pedestrian crossing: ramps and
other accessible features in buildings of the Sectoral offices and attached agencies of
DOTC; transportation terminals and passenger waiting areas for use of disabled person;

• a) Cut-out curbs and accessible ramps at the sidewalks.

• b) Audio-visual aids for crossing

EXCEPTION: Requirements for accessibility at pedestrian grade separations or
overpasses and underpasses may be waived.

• 4.2.2 Existing streets and highways to be repaired and renovated the accessibility
requirements shall be provided where the portion of existing streets and highways to be
repaired or renovated includes part or the entire pedestrian crossing.

• 4.2.6 Public Transport Terminals – The criteria and accessibility requirements,
provided for public and private buildings and related structures for public use shall
apply to public transport terminals.

• Rule II. Minimum requirements for accessibility. 1.3. Basic physical planning
requirements. No group of people shall be deprived of full participation and enjoyment
of the environment or be made unequal with the rest due to any disability. In order to
achieve this goal adopted by the United Nations, certain basic principles shall be
applied: Accessibility, reachability, usability, orientation, safety, work ability and
efficiency. 

8. Batas Pambansa 880: An act ensuring the free exercise by the people of their right
peaceably to assemble and petition the government for other purposes (October 22, 1985)

• Section 3. Letter b: (b) "Public place" shall include any highway, boulevard, avenue, road,
street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public
ownership where the people are allowed access.

• Section 15. Freedom parks - Every city and municipality in the country shall within six
months after the effectivity of this Act establish or designate at least one suitable
"freedom park" or mall in their respective jurisdictions which, as far as practicable, shall
be centrally located within the poblacion where demonstrations and meetings may be
held at any time without the need of any prior permit. In the cities and municipalities of
Metropolitan Manila, the respective mayors shall establish the freedom parks within the
period of six months from the effectivity of this Act.

9. Executive Order No. 30: Creating an executive committee for the development of the
Quezon Memorial, Luneta, and other national parks (Jan. 14, 1963)

• By virtue of the powers vested in me by law, I, Diosdado Macapagal, President of the
Philippines, do hereby create an executive committee for the development of the Quezon
Memorial, Luneta, and other National Parks, to be composed of a chairman, members,
and an executive director as may be designated by the President. The committee shall
synchronize and coordinate its activities with the Parks and Wildlife Office and the
Commission on Parks and Wildlife for the speedy and effective development of the said
Parks.

10. Republic Act No. 386: Civil Code of the Philippines (June 18, 1949)
• Article 420. The following things are property of public dominion:
• (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks, shores, roadsteads, and others of similar
character;
• (2) Those which belong to the State, without being for public use, and are intended for
some public service or for the development of the national wealth. (339a)
• Article 421. All other property of the State, which is not of the character stated in the
preceding article, is patrimonial property. (340a)
• Article 422. Property of public dominion, when no longer intended for public use or for
public service, shall form part of the patrimonial property of the State. (341a)
• Article 423. The property of provinces, cities, and municipalities is divided into property
for public use and patrimonial property. (343)
• Article 424. Property for public use, in the provinces, cities, and municipalities, consist of
the provincial roads, city streets, municipal streets, the squares, fountains, public waters,
promenades, and public works for public service paid for by said provinces, cities, or
municipalities.
• Article 694. A nuisance is any act, omission, establishment, business, condition of
property, or anything else which:

• (4) Obstructs or interferes with the free passage of any public highway or street, or any
body of water;

• Article 2189. Provinces, cities and municipalities shall be liable for damages for the death
of, or injuries suffered by, any person by reason of the defective condition of roads,
streets, bridges, public buildings, and other public works under their control or
supervision. (n)
11. Republic Act 4136: Land Transportation and Traffic Code (June 20, 1964)
• Article III Section 42. Right of way. (c) The driver of any vehicle upon a highway within a
business or residential district shall yield the right of way to a pedestrian crossing such
highway within a crosswalk, except at intersections where the movement of traffic is
being regulated by a peace officer or by traffic signal. Every pedestrian crossing a
highway within a business or residential district, at any point other than a crosswalk shall
yield the right of way to vehicles upon the highway.

12. Republic Act 6541: National Building Code of the Philippines (Aug. 26, 1972)
• Chapter 6.01. Building projection over public streets
• (a) Arcades shall be constructed on sidewalks when required by local ordinances. The
with of the arcade and its height over affected sidewalks shall be uniform within a block:
Provided, That, in no case, shall an arcade be less than 3.00 meters (10 feet) above the
establishment sidewalk grade of the established street.

• Chapter 6.02 Protection of Pedestrians during construction or demolition, Section
6.02.01: General
• (a) No person shall use or occupy a street, alley, or public sidewalk for the performance
or work under a building permit except in accordance with the provisions of this
Chapter. 

• (b) No person shall perform any work on any work on any building or structure adjacent
to a public way in general use by the public for pedestrian travel, unless the pedestrians
are protected as specified in this Chapter. 

• (c) Any material or structure temporarily occupying public property, including fences,
canopies, and walkways, shall be adequately lighted between sunset and sunrise. 

• Section 6.02.02: Temporary Use of Streets and Alleys
• (a) The use of public property shall meet legal requirements and subject to permit to be
issued officially by the Building Official. 

• Section 6.02.03: Storage on Public Property
• (a) Materials and equipment necessary for work to be done under a permit shall not be
placed or stored on public property so as to obstruct free and convenient approach to
and use of any fire hydrant, fire or police alarm box, utility box, catch basin, or manhole
or so as not to interfere with any drainage of any street or alley gutter.
• Section 6.02.04: Mixing Mortar on Public Property
• (a) The mixing or handling of mortar, concrete, or similar materials on public street shall
not be allowed except when the same are to be used on such streets or any portion
thereof such as curbs, gutters, manholes, sidewalks, culverts and the like. 

• Section 6.02.05: Protection of Utilities
• (a) All public or private utilities above or below the ground shall be protected from any
damages by any work being done under the permit. This protection shall be maintained
while such work is being done and shall not obstruct the normal functioning of any such
utility. 

• Section 6.02.06: Walkway
• (a) A temporary walkway not less than 1.20 meters (4 feet) wide shall be provided in lieu
of the sidewalk, or in case there is none, in front of the building site during construction
or demolition unless the Building Official authorizes the sidewalk to be fenced and
closed. Adequate signs and railings shall be provided to direct pedestrian traffic. 

• (b) The walkway shall be capable of supporting a uniform live load of 633 kilograms per
square meter (150 pounds per square foot). a durable wearing surface shall be provided
throughout the construction period. 

• Section 6.02.07: Pedestrian protection
• (a) Protection Required. Pedestrian traffic shall be protected by a railing on the street
side when the walkway extends into the roadway, by a railing when adjacent to
excavations, and by such other appropriate portion such as set forth in Table 6.02-A:
Type of Protection Required for Pedestrian (Annex B). 

• (b) Railings. Railings shall be built substantially and should be at least 1.00 meter (3
feet, 3 inches) in height. 

• (c) Fence. Fences shall be built of an approved material, not less than 2.40 meters (8
feet) in height above grade, and to be placed on the side of the walkway nearest to the
building site. Fences shall enclose entirely the building site. Openings in such fences
shall be provided with doors which shall be kept closed at all times. 

• (d) Canopies. The protective canopy shall have a clear height of 2.40 meters (8 feet)
above the walkway, and shall be constructed structurally safe. Every canopy shall have
a solid fence built along its entire length on the construction side. If materials are stored
or work is done on top of the canopy, the edge along the street shall be adopted by a
tight curb board not less than 30 centimeters (1 foot) high and a railing not less than
1.00 meters (3 feet, 3 inches) high shall be provided. The entire structure shall be
designed to carry the loads imposed upon it: Provided, That the live load shall be not
less than 633 kilograms per square meter (150 pounds per square foot). 

• Annex A: Definition of Terms
• A.03: Alley. Any public space or thoroughfare which has been dedicated or deeded to
the public or of public use as a passageway. 

• G.05: Garage, Public. Any garage other than a private garage.

• G.07: Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished
surface of the ground between the exterior wall of a building and a point 1.50 meters (5
feet) distant from said wall, or the lowest point of elevation of the finished surface of the
ground between the exterior wall of a building and the property line if it is less than 1.50
meters (5 feet) distant from said wall. In case walls are parallel to and within 1.50 meters
(5 feet) of a public sidewalk, alley, or other public way, the grade shall be the elevation
of the sidewalk, alley, or public way. 

• P.09: Public Way. A parcel of land unobstructed from the ground to the sky, more than
3.00 meters (10 feet) in width, appropriated to the free passage of the general public. 

• S.14: Street. Any thoroughfare or public space which has been dedicated or deeded to
the public for public use.
13. Republic Act 7160: The Local Government Code of 1991. (October 10, 1991)

• Section 13. Naming of Local Government Units and Public Places, Streets and
Structures. -

(a) The sangguniang panlalawigan may, in consultation with the Philippine Historical
Commission (PHC), change the name of the following within its territorial jurisdiction:

(1) Component cities and municipalities, upon the recommendation of the
sanggunian concerned;

(2) Provincial roads, avenues, boulevards, thoroughfares, and bridges;

(3) Public vocational or technical schools and other post-secondary and tertiary
schools;

(4) Provincial hospitals, health centers, and other health facilities; and

(5) Any other public place or building owned by the provincial government.

(b) The sanggunian of highly urbanized cities and of component cities whose charters
prohibit their voters from voting for provincial elective officials, hereinafter referred to in
this Code as independent component cities, may, in consultation with the Philippine
Historical Commission, change the name of the following within its territorial
jurisdiction:

(1) City barangays, upon the recommendation of the sangguniang barangay
concerned;

(2) City roads, avenues, boulevards, thoroughfares, and bridges;

(3) Public elementary, secondary and vocational or technical schools,
community colleges and non-chartered colleges;

(4) City hospitals, health centers and other health facilities; and

(5) Any other public place or building owned by the city government.

(c) The sanggunians of component cities and municipalities may, in consultation with
the Philippine Historical Commission, change the name of the following within its
territorial jurisdiction:

(1) City and municipal barangays, upon recommendation of the sangguniang
barangay concerned;

(2) City, municipal and barangay roads, avenues, boulevards, thoroughfares, and
bridges;

(3) City and municipal public elementary, secondary and vocational or technical
schools, post- secondary and other tertiary schools;

(4) City and municipal hospitals, health centers and other health facilities; and

(5) Any other public place or building owned by the municipal government.
• Section 17. Basic Services and Facilities. 

• Section 21. Closure and Opening of Roads. -

(a) A local government unit may, pursuant to an ordinance, permanently or temporarily
close or open any local road, alley, park, or square falling within its jurisdiction:
Provided, however, That in case of permanent closure, such ordinance must be
approved by at least two-thirds (2/3) of all the members of the sanggunian, and when
necessary, an adequate substitute for the public facility that is subject to closure is
provided.

(b) No such way or place or any part thereof shall be permanently closed without
making provisions for the maintenance of public safety therein. A property thus
permanently withdrawn from public use may be used or conveyed for any purpose for
Barangay Municipality Province City
Streets,
roads, public
works, and
infrastructur
e
(ii) Health and social welfare
services which include
maintenance of barangay
health center and day-care
center;

(v) Maintenance of barangay
roads and bridges and
water supply systems;

(vii) Information and
reading center; and

(viii) Satellite or public
market, where viable;
(vi) Solid waste disposal system
or environmental management
system and services or facilities
related to general hygiene and
sanitation;
(viii) Infrastructure facilities
intended primarily to service the
needs of the residents of the
municipality and which are
funded out of municipal funds
including but not limited to,
municipal roads and bridges;
school buildings and other
facilities for public elementary
and secondary schools; clinics,
health centers and other health
facilities necessary to carry out
health services; communal
irrigation, small water
impounding projects and other
similar projects; fish ports;
artesian wells, spring
development, rainwater
collectors and water supply
systems; seawalls, dikes,
drainage and sewerage, and
flood control; traffic signals
and road signs; and similar
facilities;

(ix) Public markets,
slaughterhouses and other
municipal enterprises;
(iv) Subject to the provisions of
Title Five, Book I of this Code,
health services which include
hospitals and other tertiary
health services;

(vii) Infrastructure facilities
intended to service the needs
of the residence of the province
and which are funded out of
provincial funds including, but
not limited to, provincial roads
and bridges; inter-municipal
waterworks, drainage and
sewerage, flood control, and
irrigation systems; reclamation
projects; and similar facilities;
All the services and facilities
of the municipality and
province

and in addition, adequate
communication and
transportation facilities
Green
spaces
(ii) Pursuant to national policies
and subject to supervision,
control and review of the DENR,
implementation of community-
based forestry projects which
include integrated social
forestry programs and similar
projects; management and
control of communal forests
with an area not exceeding fifty
(50) square kilometers;
establishment of tree parks,
greenbelts, and similar forest
development projects;
All the services and facilities
of the municipality and
province
Open and
recreational
spaces
(vi) Infrastructure facilities
such as multi-purpose hall,
multipurpose pavement,
plaza, sports center, and
other similar facilities;
(vii) Municipal buildings, cultural
centers, public parks including
freedom parks, playgrounds,
and other sports facilities and
equipment, and other similar
facilities;

(x) Public cemetery.
(vi) Provincial buildings,
provincial jails, freedom parks
and other public assembly
areas and similar facilities;
All the services and facilities
of the municipality and
province
which other real property belonging to the local government unit concerned may be
lawfully used or conveyed: Provided, however, That no freedom park shall be closed
permanently without provision for its transfer or relocation to a new site.

(c) Any national or local road, alley, park, or square may be temporarily closed during an
actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or
an undertaking of public works and highways, telecommunications, and waterworks
projects, the duration of which shall be specified by the local chief executive concerned
in a written order: Provided, however, That no national or local road, alley, park, or
square shall be temporarily closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned.

(d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily
close and regulate the use of any local street, road, thoroughfare, or any other public
place where shopping malls, Sunday, flea or night markets, or shopping areas may be
established and where goods, merchandise, foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the general public.

• Section 131. Definition of terms. (r) "Municipal Waters" includes not only streams,
lakes, and tidal waters within the municipality, not being the subject of private ownership
and not comprised within the national parks, public forest, timber lands, forest reserves or
fishery reserves, but also marine waters included between two lines drawn
perpendicularly to the general coastline from points where the boundary lines of the
municipality or city touch the sea at low tide and a third line parallel with the general
coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so situated
on the opposite shores that there is less than fifteen (15) kilometers of marine waters
between them, the third line shall be equally distant from opposite shores of their
respective municipalities;

• Section 391. Powers, Duties, Functions (of the Sangguniang Barangay). (a) (7)
Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers,
patios and other post-harvest facilities, barangay waterworks, barangay markets, parking
areas or other similar facilities constructed with government funds within the jurisdiction
of the barangay and charge reasonable fees for the use thereof;
• Section 447. Powers, Duties, Functions, and Compensation (of the Sangguniang
Bayan). (a) (5); also Section 458. Powers, Duties, Functions, and Compensation (of
the Sangguniang Panglungsod).
• (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other
public places and approve the construction, improvement, repair and maintenance of
the same; establish bus and vehicle stops and terminals or regulate the use of the same
by privately-owned vehicles which serve the public; regulate garages and the operation
of conveyances for hire; designate stands to be occupied by public vehicles when not
in use; regulate the putting up of signs, signposts, awnings and awning posts on the
streets; provide for the lighting, cleaning and sprinkling of streets and public places;

• (vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments
or obstacles thereon, and, when necessary in the interest of public welfare, authorize
the removal of encroachments and illegal constructions in public places;

14. Republic Act No. 7610: Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act. (June 17, 1992)

• Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to resolve
armed conflicts in order to promote the goal of children as zones of peace. To attain this
objective, the following policies shall be observed.
• (e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and

15. Republic Act No. 9994: Expanded Senior Citizens Act of 2010 (June 18, 2010)
• Article 18. Access to public transport. The DOTC and its attached agencies and
sectoral officers shall improve the implementation or programs to assist senior citizens to
fully gain access in the use of public transport facilities. The minimum requirements and
standards to make transportation facilities and utilities for public use accessible to senior
citizens shall be developed to enhance the mobility of senior citizens. There shall be strict
implementation of courtesy space and seats for the exclusive use of senior citizens in all
transport system. As far as practicable, PUVs shall also strive to install safe lower
stepping boards.
16. Republic Act No. 8749: The Philippine Clean Air Act of 1999 (June 23, 1999)

• Article 5, Section 24. Pollution from smoking.- Smoking inside a public building or an
enclosed public place including public vehicles and other means of transport or in any
enclosed area outside of one’s private residence, private place   of work or any duly
designated smoking area is hereby prohibited under this Act. This provision shall be  
implemented by the LGUs.

17. Republic Act No. 9593: Tourism Act of 2009 (March 5, 2009 / repealed EO 30)

• Section 29. Intramuros Administration, National Parks Development Committee and
Nayong Pilipino Foundation. – The Intramuros Administration, the National Parks
Development Committee and the Nayong Pilipino Foundation shall continue to be
attached to the Department and operate under their respective charters. They may be
authorized to operate TEZs, under the supervision of the TIEZA, as provided under
Chapters IV and V of this Act, within their respective jurisdictions: Provided, That any
restoration activity undertaken by the IA, the NPDC or the NPF may be entitled to a tax
deduction equivalent to the full cost of the restoration activity directly incurred in
accordance with the provisions of the National Internal Revenue Code, as amended.

18. Republic Act No. 7586: National Integrated Protected Areas System of Act of 1992. (Feb.
6, 1992)
• Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities
on all components of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement and recognizing the
critical importance of protecting and maintaining the natural biological and physical
diversities of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is hereby
declared the policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.

• 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; and
h.         Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.

• Section 4. Definition of Terms.
• 5. “National park” refers to a forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set aside as
such exclusively to conserve the area or preserve the scenery, the natural and historic
objects, wild animals and plants therein and to provide enjoyment of these features in
such areas;

• 6. “Natural monuments” is a relatively small area focused on protection of small
features to protect or preserve nationally significant natural features on account of
their special interest or unique characteristics;

• 8. “Natural park” is a relatively large area not materially altered by human activity
where extractive resource uses are not allowed and maintained to protect outstanding
natural and scenic areas of national or international significance for scientific,
educational and recreational use;

• 9. “Protected landscapes/seascapes” are areas of national significance which are
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas;

• Section 5. Establishment and Extent of the System. 1. All areas or islands in the
Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree,
presidential proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve,
fish sanctuary, natural and historical landmark, protected and managed landscape/
seascape as well as identified virgin forests before the effectivity of this Act are hereby
designated as initial components of the System. The initial components of the System
shall be governed by existing laws, rules and regulations, not inconsistent with this Act.

19. Republic Act 9710. The Magna Carta of Women. (August 14, 2009)
• Section 20, b, 5. Equal rights to women to the enjoyment, use, and management of land,
water, and other natural resources within their communities or ancestral domains;

• Section 21. Right to Housing. - The State shall develop housing programs for women
that are localized, simple, accessible, with potable water, and electricity, secure, with
viable employment opportunities and affordable amortization. In this regard, the State
shall consult women and involve them in community planning and development,
especially in matters pertaining to land use, zoning, and relocation.

20. Republic Act 10028. Expanded Breastfeeding Promotion Act of 2009. (March 16, 2010). 

• Section 3: Definition of terms. 

• "p) Lactation stations - private, clean, sanitary, and well-ventilated rooms or areas in the
workplace or public places where nursing mothers can wash up, breastfeed or express
their milk comfortably and store this afterward.

• "u) Public place - enclosed or confined areas such as schools, public transportation
terminals, shopping malls, and the like.

• Chapter III. Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all
health and non-health facilities, establishments or institutions shall establish lactation
stations. The lactation stations shall be adequately provided with the necessary
equipment and facilities, such as: lavatory for hand-washing, unless there is an easily-
accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing
expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable
seats; and other items, the standards of which shall be defined by the Department of
Health. The lactation station shall not be located in the toilet.

• In addition, all health and non-health facilities, establishments or institutions shall take
strict measures to prevent any direct or indirect form of promotion, marketing, and/or
sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any
event or circumstances which may be conducive to the same.

• Apart from the said minimum requirements, all health and non-health facilities,
establishments or institutions may provide other suitable facilities or services within the
lactation station, all of which, upon due substantiation, shall be considered eligible for
purposes of Section 14 of this Act.

21. Republic Act No. 9053: Philippine Landscape Architecture Act of 2000. (March 30, 2001)
• Section 2. Definition of Terms. - (a) "Scope of the practice of Landscape Architecture"
refers to the act of planning, designing, specifying, supervising and giving general
administration and responsible direction to the functional, orderly and aesthetic
arrangement, changing and development of natural scenery and land areas to produce
the most desirable effect for human use and enjoyment of various outdoor spaces which
consist of landscape components and the softscape of plants such as gardens, sports
fields, playgrounds, recreational grounds, camping sites, resorts, national and public
parks, historical parks, squares, memorial parks, subdivisions, parks and parkways,
zoological and botanical gardens, greenbelts, cemeteries, plazas, patios, yards, outdoor
shopping and pedestrian malls, promenades, sidewalks, roads and walkway systems,
traffic islands, easements and circles, roof and open interior gardens and courts, and
other open spaces; the protection, conservation and rehabilitation of the natural
environment and scenery to enhance the ecological system and quality of life, such as,
but not limited to:

(1) The act of planning sites and outdoor spaces;

(2) Recommending on and formulating landscape development policies concerning
visual resources, streetscapes, the rehabilitation of inner cities, slums and historical
districts, parks and recreation items which are important components of area
development plans at the local, regional and national levels, and as components of area
development and planning codes, zoning ordinances and other studies;

(7) Construction and project management; giving general management, administration,
supervision, coordination and responsible direction to the planning, designing,
construction, reconstruction, enlargement, renovation, repair, orderly removal or
demolition, remodelling, alteration, preservation or restoration of landscape sites or
structures including all their component sites and environs intended for private or public
use;

22. Republic Act 10587: Environmental Planning Act of 2013. (May 27, 2013)

• Section 5. Scope of Practice:

(a) Providing professional services in the form of technical consultation, rendering of
technical advice, plan preparation, capacity building and monitoring and evaluation of
implementation involving the following:

1. National, regional or local development and/or physical framework and
comprehensive land-use plans;

2. Zoning and related ordinances, codes and other legal issuances for the
development and management, preservation, conservation, rehabilitation,
regulation and control of the environment, including all land, water, air and
natural resources;

3. Planning and development of a barangay, municipality, city, province, region
or any portion or combination thereof; and
4. Development of a site for a particular need or special purpose, such as
economic or ecological zones; tourism development zones; and housing and
other estate development projects, including the creation of any other spatial
arrangement of buildings, utilities, transport and communications. 

The New Urban Agenda (2017)
• 13. We envisage cities and human settlements that: 

• (b) Are participatory, promote civic engagement, engender a sense of belonging and
ownership among all their inhabitants, prioritize safe, inclusive, accessible, green and
quality public spaces that are friendly for families, enhance social and intergenerational
interactions, cultural expressions and political participation, as appropriate, and foster
social cohesion, inclusion and safety in peaceful and pluralistic societies, where the needs
of all inhabitants are met, recognizing the specific needs of those in vulnerable situations; 

• (c) Achieve gender equality and empower all women and girls by ensuring women’s full and
effective participation and equal rights in all fields and in leadership at all levels of decision-
making, by ensuring decent work and equal pay for equal work, or work of equal value, for
all women and by preventing and eliminating all forms of discrimination, violence and
harassment against women and girls in private and public spaces;

• 36. We commit ourselves to promoting appropriate measures in cities and human
settlements that facilitate access for persons with disabilities, on an equal basis with others,
to the physical environment of cities, in particular to public spaces, public transport, housing,
education and health facilities, public information and communication (including information
and communications technologies and systems) and other facilities and services open or
provided to the public, in both urban and rural areas. 

• 37. We commit ourselves to promoting safe, inclusive, accessible, green and quality public
spaces, including streets, sidewalks and cycling lanes, squares, waterfront areas, gardens
and parks, that are multifunctional areas for social interaction and inclusion, human health
and well-being, economic exchange and cultural expression and dialogue among a wide
diversity of people and cultures, and that are designed and managed to ensure human
development and build peaceful, inclusive and participatory societies, as well as to promote
living together, connectivity and social inclusion. 

• 53. We commit ourselves to promoting safe, inclusive, accessible, green and quality public
spaces as drivers of social and economic development, in order to sustainably leverage their
potential to generate increased social and economic value, including property value, and to
facilitate business and public and private investments and livelihood opportunities for all. 

• 67. We commit ourselves to promoting the creation and maintenance of well-connected and
well- distributed networks of open, multipurpose, safe, inclusive, accessible, green and
quality public spaces, to improving the resilience of cities to disasters and climate change,
including oods, drought risks and heat waves, to improving food security and nutrition,
physical and mental health, and household and ambient air quality, to reducing noise and
promoting attractive and liveable cities, human settlements and urban landscapes and to
prioritizing the conservation of endemic species. 

• 97. We will promote planned urban extensions and infill, prioritizing renewal, regeneration and
retrofitting of urban areas, as appropriate, including the upgrading of slums and informal
settlements, providing high-quality buildings and public spaces, promoting integrated and
participatory approaches involving all relevant stakeholders and inhabitants and avoiding
spatial and socioeconomic segregation and gentrification, while preserving cultural heritage
and preventing and containing urban sprawl. 

• 98. We will promote integrated urban and territorial planning, including planned urban
extensions based on the principles of equitable, efficient and sustainable use of land and
natural resources, compactness, polycentrism, appropriate density and connectivity, and
multiple use of space, as well as mixed social and economic uses in built-up areas, in order
to prevent urban sprawl, reduce mobility challenges and needs and service delivery costs per
capita and harness density and economies of scale and agglomeration, as appropriate. 

• 99. We will support the implementation of urban planning strategies, as appropriate, that
facilitate a social mix through the provision of affordable housing options with access to
quality basic services and public spaces for all, enhancing safety and security and favouring
social and intergenerational interaction and the appreciation of diversity. We will take steps to
include appropriate training and support for service delivery professionals and communities
in areas affected by urban violence. 

• 100. We will support the provision of well-designed networks of safe, accessible, green and
quality streets and other public spaces that are accessible to all and free from crime and
violence, including sexual harassment and gender-based violence, considering the human
scale, and measures that allow for the best possible commercial use of street-level floors,
fostering both formal and informal local markets and commerce, as well as not-for-profit
community initiatives, bringing people into public spaces and promoting walkability and
cycling with the goal of improving health and well- being. 

• 101. We will integrate disaster risk reduction and climate change adaptation and mitigation
considerations and measures into age- and gender-responsive urban and territorial
development and planning processes, including greenhouse gas emissions, resilience-based
and climate- effective design of spaces, buildings and construction, services and
infrastructure, and nature- based solutions. We will promote cooperation and coordination
across sectors and build the capacities of local authorities to develop and implement disaster
risk reduction and response plans, such as risk assessments concerning the location of
current and future public facilities, and to formulate adequate contingency and evacuation
procedures. 

• 109. We will consider increased allocations of financial and human resources, as appropriate,
for the upgrading and, to the extent possible, prevention of slums and informal settlements,
with strategies that go beyond physical and environmental improvements to ensure that
slums and informal settlements are integrated into the social, economic, cultural and political
dimensions of cities. These strategies should include, as applicable, access to sustainable,
adequate, safe and affordable housing, basic and social services, and safe, inclusive,
accessible, green and quality public spaces, and they should promote security of tenure and
its regularization, as well as measures for conflict prevention and mediation. 

• 113. We will take measures to improve road safety and integrate it into sustainable mobility
and transport infrastructure planning and design. Together with awareness-raising initiatives,
we will promote the safe-system approach called for in the Decade of Action for Road Safety,
with special attention to the needs of all women and girls, as well as children and youth, older
persons and persons with disabilities and those in vulnerable situations. We will work to
adopt, implement and enforce policies and measures to actively protect and promote
pedestrian safety and cycling mobility, with a view to broader health outcomes, particularly
the prevention of injuries and non- communicable diseases, and we will work to develop and
implement comprehensive legislation and policies on motorcycle safety, given the
disproportionally high and increasing numbers of motorcycle deaths and injuries globally,
particularly in developing countries. We will promote the safe and healthy journey to school
for every child as a priority. 

• 118. We will encourage national, subnational and local governments to develop and expand
financing instruments, enabling them to improve their transport and mobility infrastructure
and systems, such as mass rapid-transit systems, integrated transport systems, air and rail
systems, and safe, sufficient and adequate pedestrian and cycling infrastructure and
technology-based innovations in transport and transit systems to reduce congestion and
pollution while improving efficiency, connectivity, accessibility, health and quality of life.

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Public Spaces - PH Legal Bases and provisions in the New Urban Agenda

  • 1. Contents of document: Provisions of public spaces in Philippine laws and the New Urban Agenda (2017) List of Philippine Laws with provisions for public spaces 1. The 1987 Constitution of the Republic of the Philippines • Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. • Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. 2. Commonwealth Act No. 141: Public Land Act (Nov. 7, 1936) • Chapter XI. Reservations for Public and Semi-Public Purposes. Section 83. Upon the recommendation of the Secretary of Agriculture and Commerce, the President may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Commonwealth of the Philippines or of any of its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation systems, communal pastures or leguas comunales, public parks, public quarries, public fishponds, workingmen's village and other improvements for the public benefit. 3. Presidential Decree No. 953: Requiring the planting of trees in certain places and penalising unauthorised cutting, destruction, damaging and injuring of certain trees, plants, and vegetation (6 July 1976) • Section 2. Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this Decree shall reserve, develop and maintain not less than thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, as open space for parks and recreational areas. • No plan for a subdivision shall be approved by the Land Registration Commission or any office or agency of the government unless at least thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas and the owner thereof undertakes to develop such open space, within three (3) years from the approval of the subdivision plan, in accordance with the development plan approved by the Bureau of Forest Development and to maintain such parks and recreational areas. 4. Presidential Decree No. 957: Regulating the sale of subdivision lots and condominiums, providing penalties for violations thereof (July 12, 1976) • Section 2. • (d) Subdivision project. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project. • (f) Complex subdivision plan. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan.
  • 2. • Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated. • Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together with the corresponding owner's duplicate certificate of title, is presented to the Register of Deeds for registration, the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that it there is a street, passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of a city or municipality, no portion of any street, passageway, or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree. • Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision. • Section 29. Right of Way to Public Road. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned. • Section 31. Donations of roads and open spaces to local government. The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the Authority. 5. Presidential Decree No. 1216: Defining “Open Space in Residential Subdivisions and amending section 31 on PD No. 957 requiring subdivision owners to provide roads, alleys, sidewalks, and reserve open space for parks or recreational use (14 October 1977 / Amended PD 957) • "open space" shall mean an area reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers and other similar facilities and amenities. • Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall provide adequate roads, alleys and sidewalks. For subdivision projects one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the gross area for open space. Such open space shall have the following standards allocated exclusively for parks, playgrounds and recreational use: (a) 9% of gross area for high density or social housing (66 to 100 family lot per gross hectare). (b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per gross hectare).
  • 3. (c) 3.5 % of gross area low-density or open market housing (20 family lots and below per gross hectare). These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands, and non-buildable. The plans of the subdivision project shall include tree planting on such parts of the subdivision as may be designated by the Authority. • Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and playgrounds shall be donated by the owner or developer to the city or municipality and it shall be mandatory for the local governments to accept provided, however, that the parks and playgrounds may be donated to the Homeowners Association of the project with the consent of the city or municipality concerned. No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes. 6. Batas Pambansa 220: An act authorising the ministry of human settlements to establish and promulgate different levels of standards and technical requirements for economic and socialised housing projects in urban and rural areas from those provided under presidential decrees numbered 957, 1216, 1096, 1185 (June 11, 1982) • Rule II, Definitions. Section 3. • Dwelling: A building designed or used as residence for one or more families. Single- Family detached - a dwelling for one family which is completely surrounded by permanent open spaces, with independent access, services, and use of land. • Open Space: Shall refer to areas allocated for the following purposes: Circulation, community facilities, park/playground, easements, courts • PARK/PLAYGROUND : That portion of the subdivision which is generally not built on and intended for passive or active recreation. • PATHWALK/FOOTPATH : A public way intended for pedestrian and which cuts across a block to provide access to adjacent streets or property with maximum length of 100 meters if connecting to roads and 50 meters if terminating in a dead end. • Rule III: Minimum Design Standards and Requirements for Economic and Socialized Housing. Section 5, B. Basic needs of human settlements, enumerated in descending order as follows: 1) Water 2) Movement and Circulation 3) Storm drainage 4) Solid and Liquid Waste Disposal 5) Power 6) Park/Playground • Rule III, Section 6, B. Allowance for future development: Project design should consider not only the reduction of cost of development to a minimum but also provision for possible future improvement or expansion, as in the prescription of lot sizes, rights-of- way of roads, open space, allocation of areas for common uses and facilities. • Rule III, Section 6, C. Land Allocation: • 2. Area allocated for circulation system. The area allocated for the circulation system shall not be fixed, as long as the prescribed dimension and requirements for access (to both the project site and to dwelling units) specified in these Design Standards are complied with. • Area allocated for community facilities. Sites for community facilities shall be reserved or allocated by the developer, where such facilities may be constructed/put up the Homeowners Association as the need arises. Said sites shall be used exclusively for these facilities as defined in Rule II, and the area shall be exclusive of that area intended for park/playground.
  • 4. • The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of lots and/or living units whichever is applicable, as shown in Table I. TABLE I REQUIRED AREA FOR COMMUNITY FACILITIES ACCORDING TO DENSITY No. of lots and/or living units Areas for Community Facilities per ha.  % of gross area of subdivision 150 and below 1% 151 to 225 1.5% above 225 2.0% • Community facilities shall be centrally located where they can serve maximum member of population, preferably near or side by side the park/playground. • Area allocated for park/playground. Provision for park/playground is required in all cases. Allocation of areas for parks and playgrounds shall be exclusive of those allocated for community facilities and shall vary according to the density of lots and/or living units in the subdivision, whichever is applicable, as shown in Table 2.   TABLE 2 REQUIRED AREA FOR PARK/PLAYGROUND ACCORDING TO DENSITY Area for Park / Density Playground No. of lots and/or living % of gross area of units per hectare subdivision 150 and below 3.5 151 to 225 7.0 above 225 9.0 • Location of parks shall be based on hierarchy, accessibility and shall be free from hazard, risks, barriers, etc. • Landscaping (sodding and tree-planting) shall be done by the subdivision developer/ owner. • Minimum size for a pocket park is 100 square meters. • Section 7, 2. Developed Area, B. Circulation System. 1. Circulation system shall be the same in both Underdeveloped Area and a Developed Area projects except for type of pavement which is adopted on regional or locational peculiarities of the project site. TABLE 3: HIERARCHY OF ROADS Type of Right-of Maximum Road Way Carriageway Length Major 8.00 6.00 Minor 6.50 5.00 120 m. (dead end), provide for turn around space. If 50 m. or less, turn around
  • 5. space not required. Alley 3.00 3.00 150 m. (both ends connecting to a Minor road), 75 m. (dead end) Footpath 2.00 2.00 100 m. (both ends connecting to an alley), 50 m. (dead end) TABLE 4: MAXIMUM SIZES OF PROJECTS PER HIERARCHY OF  ROAD Project Size Range Road Network above 0 — 2.50 has Minor road, alley footpath above 2.50 — 15.00 has Major road, minor road alley, footpath. above 15.00 — 30.00 has Model B's major road, then major road to footpath as cited in Table 3. (Model B of PD 957) above 30.00 Model A's collector road, service road, then major road to footpath as cited in Table 3. Model A of PD 957) • B. Circulation System, d. Optimization as to number of lots to lessen area for roads, at the same time enhance community interaction. f. 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. • Section 8. Building Design Standards and Guidelines. c. Open space requirements. — Open spaces shall be located totally or distributed anywhere within the lot in such a manner as to provide maximum light and ventilation into the building. • Rule VII. Miscellaneous Provisions. Sec. 33. Donations of Roads, Open Spaces and Water Supply. — The owner or project developer shall donate the roads and open spaces found in the project to the local government of the area after their completion had been certified to by the Commission and it shall be mandatory for the said local government to accept such donations. Parks and playgrounds may be donated to the duly accredited Homeowners Association of the project with the consent of the city or municipality concerned under PD 1216. 7. Batas Pambansa 344: An Act to enhance the mobility of disabled persons by requiring certain buildings, institutions, establishments, and public utilities to install facilities and other devices, IRR (July 26, 1982) • Rule I. Scope and Application. 3. Scope. The provisions of these Rules and Regulations shall apply to the following: • 3.1 Public and private buildings and related structures for public use and which shall be constructed repaired or renovated. • 3.2 Streets and highways and public utilities • 3.2.1 Streets and highways • 4. Application
  • 6. • 4.2.1.Streets, highways and transport related structures to be constructed – Streets, highways and transport related structures shall be provided with the following barrier-free facilities and accessibility features at every pedestrian crossing: ramps and other accessible features in buildings of the Sectoral offices and attached agencies of DOTC; transportation terminals and passenger waiting areas for use of disabled person; • a) Cut-out curbs and accessible ramps at the sidewalks. • b) Audio-visual aids for crossing EXCEPTION: Requirements for accessibility at pedestrian grade separations or overpasses and underpasses may be waived. • 4.2.2 Existing streets and highways to be repaired and renovated the accessibility requirements shall be provided where the portion of existing streets and highways to be repaired or renovated includes part or the entire pedestrian crossing. • 4.2.6 Public Transport Terminals – The criteria and accessibility requirements, provided for public and private buildings and related structures for public use shall apply to public transport terminals. • Rule II. Minimum requirements for accessibility. 1.3. Basic physical planning requirements. No group of people shall be deprived of full participation and enjoyment of the environment or be made unequal with the rest due to any disability. In order to achieve this goal adopted by the United Nations, certain basic principles shall be applied: Accessibility, reachability, usability, orientation, safety, work ability and efficiency. 8. Batas Pambansa 880: An act ensuring the free exercise by the people of their right peaceably to assemble and petition the government for other purposes (October 22, 1985) • Section 3. Letter b: (b) "Public place" shall include any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access. • Section 15. Freedom parks - Every city and municipality in the country shall within six months after the effectivity of this Act establish or designate at least one suitable "freedom park" or mall in their respective jurisdictions which, as far as practicable, shall be centrally located within the poblacion where demonstrations and meetings may be held at any time without the need of any prior permit. In the cities and municipalities of Metropolitan Manila, the respective mayors shall establish the freedom parks within the period of six months from the effectivity of this Act. 9. Executive Order No. 30: Creating an executive committee for the development of the Quezon Memorial, Luneta, and other national parks (Jan. 14, 1963) • By virtue of the powers vested in me by law, I, Diosdado Macapagal, President of the Philippines, do hereby create an executive committee for the development of the Quezon Memorial, Luneta, and other National Parks, to be composed of a chairman, members, and an executive director as may be designated by the President. The committee shall synchronize and coordinate its activities with the Parks and Wildlife Office and the Commission on Parks and Wildlife for the speedy and effective development of the said Parks. 10. Republic Act No. 386: Civil Code of the Philippines (June 18, 1949) • Article 420. The following things are property of public dominion: • (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; • (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (339a)
  • 7. • Article 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. (340a) • Article 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. (341a) • Article 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. (343) • Article 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. • Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: • (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; • Article 2189. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (n) 11. Republic Act 4136: Land Transportation and Traffic Code (June 20, 1964) • Article III Section 42. Right of way. (c) The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than a crosswalk shall yield the right of way to vehicles upon the highway. 12. Republic Act 6541: National Building Code of the Philippines (Aug. 26, 1972) • Chapter 6.01. Building projection over public streets • (a) Arcades shall be constructed on sidewalks when required by local ordinances. The with of the arcade and its height over affected sidewalks shall be uniform within a block: Provided, That, in no case, shall an arcade be less than 3.00 meters (10 feet) above the establishment sidewalk grade of the established street. • Chapter 6.02 Protection of Pedestrians during construction or demolition, Section 6.02.01: General • (a) No person shall use or occupy a street, alley, or public sidewalk for the performance or work under a building permit except in accordance with the provisions of this Chapter. • (b) No person shall perform any work on any work on any building or structure adjacent to a public way in general use by the public for pedestrian travel, unless the pedestrians are protected as specified in this Chapter. • (c) Any material or structure temporarily occupying public property, including fences, canopies, and walkways, shall be adequately lighted between sunset and sunrise. • Section 6.02.02: Temporary Use of Streets and Alleys • (a) The use of public property shall meet legal requirements and subject to permit to be issued officially by the Building Official. • Section 6.02.03: Storage on Public Property • (a) Materials and equipment necessary for work to be done under a permit shall not be placed or stored on public property so as to obstruct free and convenient approach to and use of any fire hydrant, fire or police alarm box, utility box, catch basin, or manhole or so as not to interfere with any drainage of any street or alley gutter.
  • 8. • Section 6.02.04: Mixing Mortar on Public Property • (a) The mixing or handling of mortar, concrete, or similar materials on public street shall not be allowed except when the same are to be used on such streets or any portion thereof such as curbs, gutters, manholes, sidewalks, culverts and the like. • Section 6.02.05: Protection of Utilities • (a) All public or private utilities above or below the ground shall be protected from any damages by any work being done under the permit. This protection shall be maintained while such work is being done and shall not obstruct the normal functioning of any such utility. • Section 6.02.06: Walkway • (a) A temporary walkway not less than 1.20 meters (4 feet) wide shall be provided in lieu of the sidewalk, or in case there is none, in front of the building site during construction or demolition unless the Building Official authorizes the sidewalk to be fenced and closed. Adequate signs and railings shall be provided to direct pedestrian traffic. • (b) The walkway shall be capable of supporting a uniform live load of 633 kilograms per square meter (150 pounds per square foot). a durable wearing surface shall be provided throughout the construction period. • Section 6.02.07: Pedestrian protection • (a) Protection Required. Pedestrian traffic shall be protected by a railing on the street side when the walkway extends into the roadway, by a railing when adjacent to excavations, and by such other appropriate portion such as set forth in Table 6.02-A: Type of Protection Required for Pedestrian (Annex B). • (b) Railings. Railings shall be built substantially and should be at least 1.00 meter (3 feet, 3 inches) in height. • (c) Fence. Fences shall be built of an approved material, not less than 2.40 meters (8 feet) in height above grade, and to be placed on the side of the walkway nearest to the building site. Fences shall enclose entirely the building site. Openings in such fences shall be provided with doors which shall be kept closed at all times. • (d) Canopies. The protective canopy shall have a clear height of 2.40 meters (8 feet) above the walkway, and shall be constructed structurally safe. Every canopy shall have a solid fence built along its entire length on the construction side. If materials are stored or work is done on top of the canopy, the edge along the street shall be adopted by a tight curb board not less than 30 centimeters (1 foot) high and a railing not less than 1.00 meters (3 feet, 3 inches) high shall be provided. The entire structure shall be designed to carry the loads imposed upon it: Provided, That the live load shall be not less than 633 kilograms per square meter (150 pounds per square foot). • Annex A: Definition of Terms • A.03: Alley. Any public space or thoroughfare which has been dedicated or deeded to the public or of public use as a passageway. • G.05: Garage, Public. Any garage other than a private garage. • G.07: Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point 1.50 meters (5 feet) distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than 1.50 meters (5 feet) distant from said wall. In case walls are parallel to and within 1.50 meters (5 feet) of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. • P.09: Public Way. A parcel of land unobstructed from the ground to the sky, more than 3.00 meters (10 feet) in width, appropriated to the free passage of the general public. • S.14: Street. Any thoroughfare or public space which has been dedicated or deeded to the public for public use.
  • 9. 13. Republic Act 7160: The Local Government Code of 1991. (October 10, 1991) • Section 13. Naming of Local Government Units and Public Places, Streets and Structures. - (a) The sangguniang panlalawigan may, in consultation with the Philippine Historical Commission (PHC), change the name of the following within its territorial jurisdiction: (1) Component cities and municipalities, upon the recommendation of the sanggunian concerned; (2) Provincial roads, avenues, boulevards, thoroughfares, and bridges; (3) Public vocational or technical schools and other post-secondary and tertiary schools; (4) Provincial hospitals, health centers, and other health facilities; and (5) Any other public place or building owned by the provincial government. (b) The sanggunian of highly urbanized cities and of component cities whose charters prohibit their voters from voting for provincial elective officials, hereinafter referred to in this Code as independent component cities, may, in consultation with the Philippine Historical Commission, change the name of the following within its territorial jurisdiction: (1) City barangays, upon the recommendation of the sangguniang barangay concerned; (2) City roads, avenues, boulevards, thoroughfares, and bridges; (3) Public elementary, secondary and vocational or technical schools, community colleges and non-chartered colleges; (4) City hospitals, health centers and other health facilities; and (5) Any other public place or building owned by the city government. (c) The sanggunians of component cities and municipalities may, in consultation with the Philippine Historical Commission, change the name of the following within its territorial jurisdiction: (1) City and municipal barangays, upon recommendation of the sangguniang barangay concerned; (2) City, municipal and barangay roads, avenues, boulevards, thoroughfares, and bridges; (3) City and municipal public elementary, secondary and vocational or technical schools, post- secondary and other tertiary schools; (4) City and municipal hospitals, health centers and other health facilities; and (5) Any other public place or building owned by the municipal government.
  • 10. • Section 17. Basic Services and Facilities. • Section 21. Closure and Opening of Roads. - (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided. (b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for Barangay Municipality Province City Streets, roads, public works, and infrastructur e (ii) Health and social welfare services which include maintenance of barangay health center and day-care center;
 (v) Maintenance of barangay roads and bridges and water supply systems;
 (vii) Information and reading center; and
 (viii) Satellite or public market, where viable; (vi) Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation; (viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including but not limited to, municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities;
 (ix) Public markets, slaughterhouses and other municipal enterprises; (iv) Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary health services;
 (vii) Infrastructure facilities intended to service the needs of the residence of the province and which are funded out of provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities; All the services and facilities of the municipality and province
 and in addition, adequate communication and transportation facilities Green spaces (ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community- based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects; All the services and facilities of the municipality and province Open and recreational spaces (vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities; (vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and other sports facilities and equipment, and other similar facilities;
 (x) Public cemetery. (vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas and similar facilities; All the services and facilities of the municipality and province
  • 11. which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. (c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned. (d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public. • Section 131. Definition of terms. (r) "Municipal Waters" includes not only streams, lakes, and tidal waters within the municipality, not being the subject of private ownership and not comprised within the national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two lines drawn perpendicularly to the general coastline from points where the boundary lines of the municipality or city touch the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of marine waters between them, the third line shall be equally distant from opposite shores of their respective municipalities; • Section 391. Powers, Duties, Functions (of the Sangguniang Barangay). (a) (7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof; • Section 447. Powers, Duties, Functions, and Compensation (of the Sangguniang Bayan). (a) (5); also Section 458. Powers, Duties, Functions, and Compensation (of the Sangguniang Panglungsod). • (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; provide for the lighting, cleaning and sprinkling of streets and public places; • (vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon, and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places; 14. Republic Act No. 7610: Special Protection of Children Against Abuse, Exploitation, and Discrimination Act. (June 17, 1992) • Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.
  • 12. • (e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and 15. Republic Act No. 9994: Expanded Senior Citizens Act of 2010 (June 18, 2010) • Article 18. Access to public transport. The DOTC and its attached agencies and sectoral officers shall improve the implementation or programs to assist senior citizens to fully gain access in the use of public transport facilities. The minimum requirements and standards to make transportation facilities and utilities for public use accessible to senior citizens shall be developed to enhance the mobility of senior citizens. There shall be strict implementation of courtesy space and seats for the exclusive use of senior citizens in all transport system. As far as practicable, PUVs shall also strive to install safe lower stepping boards. 16. Republic Act No. 8749: The Philippine Clean Air Act of 1999 (June 23, 1999) • Article 5, Section 24. Pollution from smoking.- Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one’s private residence, private place   of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be   implemented by the LGUs. 17. Republic Act No. 9593: Tourism Act of 2009 (March 5, 2009 / repealed EO 30) • Section 29. Intramuros Administration, National Parks Development Committee and Nayong Pilipino Foundation. – The Intramuros Administration, the National Parks Development Committee and the Nayong Pilipino Foundation shall continue to be attached to the Department and operate under their respective charters. They may be authorized to operate TEZs, under the supervision of the TIEZA, as provided under Chapters IV and V of this Act, within their respective jurisdictions: Provided, That any restoration activity undertaken by the IA, the NPDC or the NPF may be entitled to a tax deduction equivalent to the full cost of the restoration activity directly incurred in accordance with the provisions of the National Internal Revenue Code, as amended. 18. Republic Act No. 7586: National Integrated Protected Areas System of Act of 1992. (Feb. 6, 1992) • Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement and recognizing the critical importance of protecting and maintaining the natural biological and physical diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution. • 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; and
  • 13. h.         Other categories established by law, conventions or international agreements which the Philippine Government is a signatory. • Section 4. Definition of Terms. • 5. “National park” refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas; • 6. “Natural monuments” is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics; • 8. “Natural park” is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use; • 9. “Protected landscapes/seascapes” are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these areas; • Section 5. Establishment and Extent of the System. 1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree, presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/ seascape as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System. The initial components of the System shall be governed by existing laws, rules and regulations, not inconsistent with this Act. 19. Republic Act 9710. The Magna Carta of Women. (August 14, 2009) • Section 20, b, 5. Equal rights to women to the enjoyment, use, and management of land, water, and other natural resources within their communities or ancestral domains; • Section 21. Right to Housing. - The State shall develop housing programs for women that are localized, simple, accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable amortization. In this regard, the State shall consult women and involve them in community planning and development, especially in matters pertaining to land use, zoning, and relocation. 20. Republic Act 10028. Expanded Breastfeeding Promotion Act of 2009. (March 16, 2010). • Section 3: Definition of terms. • "p) Lactation stations - private, clean, sanitary, and well-ventilated rooms or areas in the workplace or public places where nursing mothers can wash up, breastfeed or express their milk comfortably and store this afterward. • "u) Public place - enclosed or confined areas such as schools, public transportation terminals, shopping malls, and the like. • Chapter III. Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-health facilities, establishments or institutions shall establish lactation stations. The lactation stations shall be adequately provided with the necessary equipment and facilities, such as: lavatory for hand-washing, unless there is an easily- accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable
  • 14. seats; and other items, the standards of which shall be defined by the Department of Health. The lactation station shall not be located in the toilet. • In addition, all health and non-health facilities, establishments or institutions shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same. • Apart from the said minimum requirements, all health and non-health facilities, establishments or institutions may provide other suitable facilities or services within the lactation station, all of which, upon due substantiation, shall be considered eligible for purposes of Section 14 of this Act. 21. Republic Act No. 9053: Philippine Landscape Architecture Act of 2000. (March 30, 2001) • Section 2. Definition of Terms. - (a) "Scope of the practice of Landscape Architecture" refers to the act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement, changing and development of natural scenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the softscape of plants such as gardens, sports fields, playgrounds, recreational grounds, camping sites, resorts, national and public parks, historical parks, squares, memorial parks, subdivisions, parks and parkways, zoological and botanical gardens, greenbelts, cemeteries, plazas, patios, yards, outdoor shopping and pedestrian malls, promenades, sidewalks, roads and walkway systems, traffic islands, easements and circles, roof and open interior gardens and courts, and other open spaces; the protection, conservation and rehabilitation of the natural environment and scenery to enhance the ecological system and quality of life, such as, but not limited to: (1) The act of planning sites and outdoor spaces; (2) Recommending on and formulating landscape development policies concerning visual resources, streetscapes, the rehabilitation of inner cities, slums and historical districts, parks and recreation items which are important components of area development plans at the local, regional and national levels, and as components of area development and planning codes, zoning ordinances and other studies; (7) Construction and project management; giving general management, administration, supervision, coordination and responsible direction to the planning, designing, construction, reconstruction, enlargement, renovation, repair, orderly removal or demolition, remodelling, alteration, preservation or restoration of landscape sites or structures including all their component sites and environs intended for private or public use; 22. Republic Act 10587: Environmental Planning Act of 2013. (May 27, 2013) • Section 5. Scope of Practice: (a) Providing professional services in the form of technical consultation, rendering of technical advice, plan preparation, capacity building and monitoring and evaluation of implementation involving the following: 1. National, regional or local development and/or physical framework and comprehensive land-use plans; 2. Zoning and related ordinances, codes and other legal issuances for the development and management, preservation, conservation, rehabilitation, regulation and control of the environment, including all land, water, air and natural resources; 3. Planning and development of a barangay, municipality, city, province, region or any portion or combination thereof; and
  • 15. 4. Development of a site for a particular need or special purpose, such as economic or ecological zones; tourism development zones; and housing and other estate development projects, including the creation of any other spatial arrangement of buildings, utilities, transport and communications. The New Urban Agenda (2017) • 13. We envisage cities and human settlements that: • (b) Are participatory, promote civic engagement, engender a sense of belonging and ownership among all their inhabitants, prioritize safe, inclusive, accessible, green and quality public spaces that are friendly for families, enhance social and intergenerational interactions, cultural expressions and political participation, as appropriate, and foster social cohesion, inclusion and safety in peaceful and pluralistic societies, where the needs of all inhabitants are met, recognizing the specific needs of those in vulnerable situations; • (c) Achieve gender equality and empower all women and girls by ensuring women’s full and effective participation and equal rights in all fields and in leadership at all levels of decision- making, by ensuring decent work and equal pay for equal work, or work of equal value, for all women and by preventing and eliminating all forms of discrimination, violence and harassment against women and girls in private and public spaces; • 36. We commit ourselves to promoting appropriate measures in cities and human settlements that facilitate access for persons with disabilities, on an equal basis with others, to the physical environment of cities, in particular to public spaces, public transport, housing, education and health facilities, public information and communication (including information and communications technologies and systems) and other facilities and services open or provided to the public, in both urban and rural areas. • 37. We commit ourselves to promoting safe, inclusive, accessible, green and quality public spaces, including streets, sidewalks and cycling lanes, squares, waterfront areas, gardens and parks, that are multifunctional areas for social interaction and inclusion, human health and well-being, economic exchange and cultural expression and dialogue among a wide diversity of people and cultures, and that are designed and managed to ensure human development and build peaceful, inclusive and participatory societies, as well as to promote living together, connectivity and social inclusion. • 53. We commit ourselves to promoting safe, inclusive, accessible, green and quality public spaces as drivers of social and economic development, in order to sustainably leverage their potential to generate increased social and economic value, including property value, and to facilitate business and public and private investments and livelihood opportunities for all. • 67. We commit ourselves to promoting the creation and maintenance of well-connected and well- distributed networks of open, multipurpose, safe, inclusive, accessible, green and quality public spaces, to improving the resilience of cities to disasters and climate change, including oods, drought risks and heat waves, to improving food security and nutrition, physical and mental health, and household and ambient air quality, to reducing noise and promoting attractive and liveable cities, human settlements and urban landscapes and to prioritizing the conservation of endemic species. • 97. We will promote planned urban extensions and infill, prioritizing renewal, regeneration and retrofitting of urban areas, as appropriate, including the upgrading of slums and informal settlements, providing high-quality buildings and public spaces, promoting integrated and participatory approaches involving all relevant stakeholders and inhabitants and avoiding spatial and socioeconomic segregation and gentrification, while preserving cultural heritage and preventing and containing urban sprawl. • 98. We will promote integrated urban and territorial planning, including planned urban extensions based on the principles of equitable, efficient and sustainable use of land and
  • 16. natural resources, compactness, polycentrism, appropriate density and connectivity, and multiple use of space, as well as mixed social and economic uses in built-up areas, in order to prevent urban sprawl, reduce mobility challenges and needs and service delivery costs per capita and harness density and economies of scale and agglomeration, as appropriate. • 99. We will support the implementation of urban planning strategies, as appropriate, that facilitate a social mix through the provision of affordable housing options with access to quality basic services and public spaces for all, enhancing safety and security and favouring social and intergenerational interaction and the appreciation of diversity. We will take steps to include appropriate training and support for service delivery professionals and communities in areas affected by urban violence. • 100. We will support the provision of well-designed networks of safe, accessible, green and quality streets and other public spaces that are accessible to all and free from crime and violence, including sexual harassment and gender-based violence, considering the human scale, and measures that allow for the best possible commercial use of street-level floors, fostering both formal and informal local markets and commerce, as well as not-for-profit community initiatives, bringing people into public spaces and promoting walkability and cycling with the goal of improving health and well- being. • 101. We will integrate disaster risk reduction and climate change adaptation and mitigation considerations and measures into age- and gender-responsive urban and territorial development and planning processes, including greenhouse gas emissions, resilience-based and climate- effective design of spaces, buildings and construction, services and infrastructure, and nature- based solutions. We will promote cooperation and coordination across sectors and build the capacities of local authorities to develop and implement disaster risk reduction and response plans, such as risk assessments concerning the location of current and future public facilities, and to formulate adequate contingency and evacuation procedures. • 109. We will consider increased allocations of financial and human resources, as appropriate, for the upgrading and, to the extent possible, prevention of slums and informal settlements, with strategies that go beyond physical and environmental improvements to ensure that slums and informal settlements are integrated into the social, economic, cultural and political dimensions of cities. These strategies should include, as applicable, access to sustainable, adequate, safe and affordable housing, basic and social services, and safe, inclusive, accessible, green and quality public spaces, and they should promote security of tenure and its regularization, as well as measures for conflict prevention and mediation. • 113. We will take measures to improve road safety and integrate it into sustainable mobility and transport infrastructure planning and design. Together with awareness-raising initiatives, we will promote the safe-system approach called for in the Decade of Action for Road Safety, with special attention to the needs of all women and girls, as well as children and youth, older persons and persons with disabilities and those in vulnerable situations. We will work to adopt, implement and enforce policies and measures to actively protect and promote pedestrian safety and cycling mobility, with a view to broader health outcomes, particularly the prevention of injuries and non- communicable diseases, and we will work to develop and implement comprehensive legislation and policies on motorcycle safety, given the disproportionally high and increasing numbers of motorcycle deaths and injuries globally, particularly in developing countries. We will promote the safe and healthy journey to school for every child as a priority. • 118. We will encourage national, subnational and local governments to develop and expand financing instruments, enabling them to improve their transport and mobility infrastructure and systems, such as mass rapid-transit systems, integrated transport systems, air and rail systems, and safe, sufficient and adequate pedestrian and cycling infrastructure and technology-based innovations in transport and transit systems to reduce congestion and pollution while improving efficiency, connectivity, accessibility, health and quality of life.