Professional Documents
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Design Laws
Design Laws
Prepared by: Palevino, Marinet O. BS Architecture 4A Submitted to: Architect Dealca, Ramon E. Professor
CODE STUDY ON CORPORATE BUILDING DESIGN A. Batas Pambansa Blg. 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 of BP 344 4.1.1 Building and related structures to be constructed a). At the space where the primary function is served and where facilities and ingress/egress of the building or structure are located, as to make such space accessible to the disabled persons; provided, however, that where the primary function can be served at the ingress level and where such level is provided with facilities, requirements for accessibility at other levels may be waived. c). Ingress/egress from the street to the building or structure shall be made accessible. d). Accessible slots in parking areas shall be located as near as possible to ingress/egress spaces of the building or structure. RULE II MINIMUM REQUIREMENTS FOR ACCESSIBILITY 1.2.3 In determining the minimum dimensions for furniture and fixtures accessible to disabled persons, the following anthropometrics data shall serve as guides for design: The length of wheelchairs varies from 1.10 m to 1.30 m . The width of wheelchairs is from 0.60 m to 0.75 m . A circle of 1.50 m in diameter is a suitable guide in the planning of wheelchair turning spaces . The comfortable reach of persons confined to wheelchairs is from 0.70 m to 1.20 m above the floor and not less than 0.40 m from room corners. The comfortable clearance for knee and leg space under tables for wheelchair users is 0.70 m. 1.3 BASIC PHYSICAL PLANNING REQUIREMENTS 1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be accessible to all people. This means that no criteria shall impede the use of facilities by either the handicapped or nondisabled citizens. 1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical environment so that as many places or buildings as possible can be reached by all. 1.3.3 USABILITY. The built environment shall be designed so that all persons, whether they be disabled or not, may use and enjoy it. 1.3.4 ORIENTATION. Finding a persons way inside and outside of a building or open space shall be made easy for everyone. 1.3.5 SAFETY. Designing for safety insures that people shall be able to move about with less hazards to life and health. 1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be designed to allow the disabled citizens to participate and contribute to developmental goals 2. ARCHITECTURAL FEATURES AND FACILITIES 2.1 Architectural facilities and features: 2.1.1 A Stairs Toilets 2.1.2 B Walkways 2.1.6 F Lifts/Elevator 2.1.3 C Corridors 2.1.7 G Ramps 2.1.4 D Doors and Entrance 2.1.8 H Parking Areas 2.1.5 E Washrooms and 2.1.9 I Switches, Controls, PALEVINO, Marinet O. BS Ar. 4A
Buzzers 2.1.10 J Handrails 2.1.11 K Thresholds 2.1.12 L Floor Finishes 2.1.13 M Drinking Fountains Page 1
CODE STUDY ON CORPORATE BUILDING DESIGN 2.1.14 N Public Telephones Accommodations 2.1.15 O Seating 4. Category II The following requirement shall apply to both government and privately owned buildings. 4.1 Group B 4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or town houses. One (1) unit for every 50 units up to 150 units and an additional unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L. 4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to 150 units and additional unit for every 100 units at ingress level. In case there is no barrier-free elevators: at least one (1) unit shall be provided at ingress level. Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I, J, K, L, M, and N. 4.4.4 Office buildings Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N. 7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES a) Seating for the disabled shall be accessible from the main lobby to primary entrances, together with related toilet facilities. b) In all assembly places where seating accommodation is provided, there shall be spaces for the disabled persons as provided. Seating Capacity Wheelchair Seating Space c) When the seating capacity exceeds 500 an additional wheelchair seating space shall be provided for each total seating capacity increase of 100 seats. d) Readily removable seats may be installed in these spaces when such spaces are not required to accommodate wheelchair users. 8. COMPUTATION OF ACCESSIBLE UNITS In the computation for the allocation of accessible units and seating capacity decimal greater than 0.5 shall be considered as one unit. In all cases a minimum of one (1) accessible unit shall be provided. 9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES 9.1 Graphic signs shall be bold and conspicuously installed in every access from point of entry to connecting destination. 9.2 Walkways shall be provided with adequate passageway in accordance with provision. 9.3 Width of corridors and circulation system integrating both and vertical access to ingress/egress level of the building shall be provided. 9.4 Doors and entrances provided herein used as entry points at entrance lobbies as local points of congregation shall be designed to open easily or accessible from floor or to any point of destination. 9.5 Washroom and toilets shall be accessible and provided with adequate turning space. 9.6 Whenever elevator/s is required it should meet the requirements provide. 9.7 Ramps shall be provided as means of access to level of change going to entry points and entrances, lobbies influenced by condition of location or use. 9.8 Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from car park to ingress/egress levels. 9.9 Height above the floor or switches and controls shall be in accordance with the provisions. 9.10 Handrails shall be provided at both sides of ramps. PALEVINO, Marinet O. BS Ar. 4A Page 1
CODE STUDY ON CORPORATE BUILDING DESIGN 9.11 Floors provided for every route of the wheelchair shall be made of nonskid material. 9.12 Water fountains shall be installed as required.
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Chapter 1- General Provisions Sec. 1. Title. - The title of this Code is "Code on Sanitation of the Philippines" PALEVINO, Marinet O. BS Ar. 4A Page 87
Sec. 3. Functions of the Department of Health. - The Department shall have the following powers and functions:
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a. Undertake the promotion and preservation of the health of the people and raise the health standards of individuals and communities throughout the Philippines.
b. Extend maximum health services to the people in rural areas and provide medical care to those who cannot afford it by reason of poverty; c. Develop, administer and coordinate various health activities and services which shall include public health, preventive, curative and rehabilitative programs, medical care, health and medical education services; d. Upgrade the standards of medical practice, the quality of health services and programs to assure the people of better health services; e. Assist local health agencies in developing public health programs including medical care, and promote medical and public health research; f. Issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, and other para-medical courses, puericulture centers, clinical laboratories and blood banks. g. Prescribe standard rates of fees for health, medical, laboratory, and other public health services; and h. Performs such other functions as may be provided by law.
Sec. 4. Authority of the Secretary. - In addition to the powers and authority of the Secretary which are provided by law, he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement of the provisions of this Code.
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Sec. 5. Authority
of the Bureau of Directors. - The Bureau Directors shall be responsible for staff activities
involving the development of plans, programs. operating standards and management techniques in their respective field of assignment. Sec. 6. Authority of the Regional
their regions, implement policies, standards and programs involving health services; and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code. Sec. 7. Authority of Health Officers. - The health officers shall administer health functions in areas under their jurisdiction and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code. Sec. 8. Miscellaneous Provisions. a. International treaties, agreements and conventions - The Republic of the Philippines recognizes international treaties, agreement and conventions on public health. Their provisions may be considered parts of this Code provided they do not contravene the Constitution, existing laws or any provision of this Code.
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Chapter II. Water Supply Sec. 9. Prescribed Standards and Procedures. - Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department.
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of the Department. - The approval of the Secretary or that of his duly authorized
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Sec. 11. Types of Water Examinations Required. - The following examinations are required for drinking water:
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a. Initial examination - The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radio active contamination should also be done initially.
b. Periodic examination - Water from existing sources is subject to bacteriological examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.
Sec. 12. Examining Laboratories and Submission of Water Samples. - The examination of drinking water shall be performed only in private or government laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited PALEVINO, Marinet O. BS Ar. 4A Page 89
CODE STUDY ON CORPORATE BUILDING DESIGN laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories water samples for examination in a manner and at such intervals prescribed by the Department.
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Sec. 13. Other protective Measures. - To protect drinking water from contamination, the following measures shall be observed:
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a. Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution. c. No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source is adequately and safely enclosed by proper shielding d. No person charged with the management of a public water supply system shall permit any physical connection between its distribution system and that any other water supply, unless the latter is regularly examined as to its quality by those in charge is made and found to be sage and potable e. The installation of booster pump to boost water direct from the water distribution line of a water supply system where low-water pressure prevails is prohibited.
Chapter III. Food Establishment Sec. 14. Sanitary Permit. a. No person or entity shall operate a food establishment for public patronage without securing a permit from the local health office. The term " food establishment" as used in this chapter means an establishment where food or drinking are manufactured, processed, stored, sold or served. b. Every Sanitary Permit shall be posted in a conspicuous place of the establishment. c. Fees - The fees payable on applications for permits and upon the issuance, renewal and noting of such certificates shall be is such amounts as the City or Municipal Authority may by resolution impose. d. Noting of Permit - Within 14 days after any chance n the ownership or occupancy of any establishment, the new occupant shall apply to the City or Municipal Health Officer to have such change noted in the records and on the permit certificate which he shall produce for the purpose and shall pay the corresponding fee in respect of such noting. e. Record of Permit Certificates. -
1. Every City or Municipality shall keep a record of all establishments in respect of which permits have been issued and all permit certificates and renewals thereof; f. The record shall in every case show the following:
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i. The name and address of the holder of the permit who in every case shall be the actual occupier of the establishment :
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ii. The location of the establishment; iii. The purpose or purposes for which the permit has been issued; iv. The date the first permit was issued and the dates of any renewal thereof. v. Every change of occupation and management of the establishment since the first permit was issued; and vi. Conditions under which the permit was issued or any renewal thereof granted; The record shall be available at all reasonable times for inspection by any officer of the Department of Health.
Sec. 15. Health Certificates. - No person shall be employed in any food establishment without a Health Certificate issued by the local health authority. This certificate shall be issued only after
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CODE STUDY ON CORPORATE BUILDING DESIGN the required physical and medical examinations are performed and immunizations are administered at prescribed intervals.
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and Protection of Food. - All food must be obtained from sources approved by the local
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a. Meats, meat products and fish shall be procured for sources under sanitary or veterinary supervision.
b. All meat and fish shall be properly cooked before serving c. No meat products fish, vegetables and other food sources shall be procured from sources or areas known to have been affected by radioactivity as for example, areas contaminated with a very large amount of radioactive fallout. d. Milk and fluid milk products shall be obtained from sources approved by the local health authority. Milk obtained from other sources must be sterilized, pasteurized or otherwise heated. e. Milk shall be stored in a refrigerator. Canned or packaged milk, other than milk powders, shall be refrigerated after the container has been opened. f. All perishable and potentially hazardous foods shall be stored at 45F (7C ) or below. g. Cooked food intended to be served hot shall be kept at a temperature not lower than 140F (60C ) h. Raw fruits and vegetables shall be thoroughly washed before they are used.
Sec. 17. Structural Requirements. - Food establishments shall be constructed in accordance with the following requirements:
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1. No person shall use any room or place for or in connection with the preparation, storage, handling or sale of any article of food
2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and sale of food unless it is constructed in accordance with the following requirements:
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a. Floors - The Floors shall bei. Constructed of concrete or other impervious and easily cleaned material that is resistant to wear and corrosion and shall be adequately graded and drained;
All angles between the floors and walls shall be rounded off to a height of not less than 3 inches (7.62 cm.) from the floor; or ii. Constructed or wood with dovetailed or tongue and grooved floor boards laid on a firm foundation and tightly clamped together with all angles between the floor and walls rounded off to height of 3 inches (7.62 cm.); or iii. Constructed in accordance with the requirements of sub-clause i. and ii. of this clause and covered with linoleum, smooth surfaced rubber or similar material fixed to the floor with cement or suitable adhesive: Provided, That with the approval in writing of the local authority, floors may be covered with carpets or other floor covering in those parts of the premises where such carpets or coverings can be satisfactorily cleaned and maintained.
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CODE STUDY ON CORPORATE BUILDING DESIGN b. Walls i. The internal surface of walls shall have a smooth, even, non-absorbent surface capable of being readily cleaned without damage to the surface and constructed of dust-proof materials;
ii. The walls, where subject to wetting or splashing, shall be constructed of impervious, non-absorbent materials to a height of not less than 79 inches (2 meters) from the floor. iii. The internal walls shall be painted in light colors or treated with such other wall finish as the health authority may prescribed.
c. Ceilings i. All ceilings or, if no ceiling is provided, the entire under-surface of the roof shall be dustproof and washable.
ii. The ceiling or under-surface of the roof of rooms in which food is prepared or packed or in which utensils or hands are washed shall be smooth, non-absorbent and light coloured.
d. Lighting i. The general standards of illumination provided shall permit effective inspection and cleaning and shall be sufficient intensity appropriate to the purpose for which any room or place is used;
ii. In rooms where food is prepared or packed or in which utensils or hands are hands are washed there shall be a minimum illumination intensity of 20-foot candles; in premises where food is consumed, there shall be a minimum illumination intensity of 5-foot candles. Intensities of illumination shall be measured at a point 30 inches (76.20 cm.) above the floor; iii. All lightning shall be reasonably free from glare and distributed so as to avoid shadows; iv. At other areas or working surfaces, the illumination shall be of such intensity as may be required by the health authority.
e. Ventilation i. Ventilation shall be provided which shall be effective and suitable to maintain comfortable condition;
ii. The ventilation shall be adequate to prevent the air from becoming excessively heated, prevent condensation and the formation of excess moisture on walls, ceilings and for the removal of objectionable odors, fumes and impurities; iii. In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area, and discharging in such manner as not to create a nuisance, shall be provided; iv. Canopies, air ducts, fans or other appliances shall be provided as required by the health authority in particular circumstances; v. Effective provision shall be made for securing and maintaining a reasonable temperature;
f. Overcrowding - There shall be sufficient floor space to enable every person working thereon to carry out his duties efficiently and to permit easy access for cleaning. Working spaces, aisles or passageways and areas to which customers have access shall unobstructed and sufficient to permit movement of employees and customers without contamination of food by clothing or personal contact.
g. Changerooms
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CODE STUDY ON CORPORATE BUILDING DESIGN i. There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises. Such facilities shall be so situated and arranged so that there is no contamination of food by contact with clothing, and where the number of persons engaged or employed is four or more of either sex, there shall be provided separate changing rooms for each sex.
ii. If required in writing by the local health authority an additional wash-hand basin shall be installed as near as practicable to the toilet facilities; Provided, That wash-hand basins specified in this Code need not be installed in premises where only food in sealed containers is sold: and, Provided, further, That wash-hand basins specified in this regulation shall be installed under specifications of the National Plumbing Code of the Philippines.
h. Wash-hand Basin Maintenance i. An adequate supply of soap, clean towels, roller towels presenting a clean surface to each user from a continuous roller towel dispenser or other hand drying services approved by health authorities.
ii. The wash-hand basin and all hand washing facilities shall, at all times, be maintained in good repair and in a clean condition. iii. All wash-hand basins shall, at all times, while the premises are being used, be supplied with hot and cold or tempered running water at a minimum temperature of 100F (37.8C).
Sec. 18. Use of Food-Service Spaces. a. Food-service spaces shall not be used as living or sleeping quarters. b. Clothing or personal effects shall be kept in lockers or in designated places away from food service spaces. c. No animal or live fowls shall be allowed in such spaces. d. Persons not directly connected with food preparation and serving shall not be allowed to stay in food-serving spaces. e. Foods in storage or in preparation must not be handled by anyone other than the preparation and serving staff. SEC. 19. Food Handlers. a. No person shall be employed in any food establishments without health certificate issued by the local health authority. b. Food handlers shall at all times:
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i. Wear clean working garments. The Cook shall wear prescribed caps and female employees caps or hairnets.
ii. Observe food personal hygiene. iii. Wash their hands thoroughly with soap and water and dry them with a clean or disposable towel or a suitable hand-drying device immediately before working, or after visiting the toilet.
Sec. 20. Vermin Control. Vermin - A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. a. Spaces where food and drinks are stored, prepared and served shall be so constructed and maintained as to exclude vermin. b. All opening which connects spaces to the outer air shall be effectively protected with screen of non-corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.
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a. Immersion for at least half a minute in clean hot water at a temperature of at least 170F (77C); b. They shall be thoroughly cleansed in warm water at 120F (49C) with soap or detergent. c. If running water is not used, the wash-water shall be changed frequently.
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a. Immersion for at least half a minute in clean hot water at a temperature of at least 170F (77C);
b. Immersion for at least one minute in a lukewarm chlorine solution 50 ppm; c. Exposure in a steam cabinet at a temperature of at least 170F (77C) for at least 15 minutes at a temperature of 200F (90C) for at least 5 minutes; d. Exposure in an oven or hot-air cabinet at a temperature of at least 180F (82C ) for at least 20 minutes; or e. Any other method approved by the local health authority.
Sec. 26. Handling of Washed Utensils. a. Washed utensils shall be allowed to drain dry in wire racks without use of drying cloths, or shall be stored in self-draining position to permit ready air-drying. b. The drying cloth on which to store dishes and utensils temporarily after bactericidal treatment should be clean and changed frequently. Sec. 27. Storage of Washed Utensils. a. They shall be stored in a clean and dry place protected against vermin and other sources of contamination. b. Cups, bowls, and glasses, shall be inverted for storage. c. When not stored in closed cupboards or lockers, utensils and containers shall be covered or invented whenever practicable. Utensils shall not be stored on the bottom shelves of open cabinets below the working top level. d. Racks, trays and shelves shall be made of materials that are impervious, corrosion-resistant, non-toxic, smooth, durable and resistant to chipping. e. Drawers shall be made of the same materials and kept clean. Felt-line drawers are not acceptable, but the use of clean and removable towels for lining drawers is acceptable. Sec. 28. Dry Storage of Non-Perishable Foods.- Non-perishable foods shall be stored in the following manner:
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a. Designated spaces, lockers, cupboards, racks, shelves and containers shall be used for storage.
b. All spaces, lockers and cupboard shall be constructed of materials of the same quality as used for foodpreparation and food-serving operations. Containers shall be made metal fitted with tight covers. c. The recommended temperature range for dry stores is 50- 60F (10-15C) except where dry foods for immediate use are stored in the preparation and servicing spaces.
Sec. 29. Refrigerated Storage of Perishable Foods. - Perishable foods shall be stored in the following manner:
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a. They shall be kept at or below 45F (7C) except during preparation or when held for immediate serving after preparation. b. When such food s are to be stored for extended periods, a temperature of 40F (4C) is recommended. c. Fruits and vegetables shall be stored in cool rooms. d. Recommended temperatures for perishable food storage are:
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CODE STUDY ON CORPORATE BUILDING DESIGN e. All refrigerating compartments and refrigerators must be kept clean, in good repair and free from odors. They shall be provided with thermometers with scale divisions not larger than 32F (1C). Sufficient shelving shall be provided to prevent stocking and to permit adequate ventilation and cleaning.
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a. Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or similar items or food. Sugar shall be served in covered dispensers or containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils, including glasses and tablewares, which come in contact with food and drink shall not be handled. c. Disposable cups, plates, spoons and other single-service containers and utensils shall be purchased in sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on removal from the carton that the hand does not touch the surface which will be in contact with food or drink. d. Clean cloths, napkins, spoons, towels and other cloth equipment shall be stored in clean places designated specially for them. Soiled linens, including towels, aprons, and coats, shall be stored in a closed bin or locker, suitably marked. e. Spoons, spatulas, dippers and scoops used intermittently for disposing frozen desserts shall be kept in running water or in water maintained at 170F (77C) and frequently changed, or they may be washed and stored in a dry place after each use. Constant-temperature bottles and other containers used for potable water and other beverages shall be kept clean and given effective bactericidal treatment before and after subsequent use.
Sec. 31. Evaluation of Food Establishment. - It shall be the duty of the Provincial, Municipal or City Health Officer to cause an inspection and evaluation of every food establishment requiring a permit for its operations, at least every six months and shall cause as many additional inspection and re-inspections and evaluation to be made as are necessary for the enforcement of the provision of this Chapter.
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During the inspection or evaluation carried out at least every six months, the inspector shall record his findings on an inspection form provided for the purpose and shall furnish the original of such report to the holder of sanitary permit, the manager or occupier of the premises. Demerits entered in the appropriate column inspections forms shall indicate that the item does not, in the opinion of the inspector, comply with the requirements of this regulation. Within 48 hours of the inspection or evaluation, the original of the inspection report shall be furnished the holder of the permit certificate, the manager or occupier of the food establishment. Whenever an inspection form issued indicates noncompliance items relating to any particular type of premises,the inspector shall notify the holder of the sanitary permit,the manager or occupier of the correction to be made and indicate a reasonable period for its compliance. If upon upon reinspection after the deadline the inspector finds the correction has not been effected he shall forthwith report to the Health Officer and the Health Officer shall revoke the sanitary permit. A copy of the inspection form and any notices served shall, in all cases be filed and kept by the local health authority and be available at all reasonable time for inspection by an officer of the Department of Health.
a. Service of Notice - Whenever an inspection or evaluation report form indicates noncomplying items, the Health Officer of the Province, Municipality or City may cause to be served on the holder of the permit, the manager or occupier a notice requiring him, within the time stated in the notice, to take such remedial action as may be specified therein. In the event within the time stated in the notice, the terms of the first notice are not complied PALEVINO, Marinet O. BS Ar. 4A Page 96
CODE STUDY ON CORPORATE BUILDING DESIGN with,the Health Officer may cause to be served on the holder of the permit, the manager or occupier a second notice calling on him to show cause, at all time and place stated in the notice, why the permit issued in respect of the food establishment should not be revoked.
b. Revocation of Permits - After prior notice and hearing as provided above, the Health Officer, if satisfied that the terms of the notices have not been complied with or that the failure to comply therewith is not excusable, shall revoke the said permit. c. Summary Suspension of Permits - Whenever the Provincial, Municipal or City Health Officer finds unsanitary or unhealthy conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, the Health Officer may order the immediate suspension of the permit. Any person to whom such an order is issued written petition shall be afforded a hearing as soon as possible. d. Appeals - The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from, which decision shall be final. e. Protection of Food - Notwithstanding the other provisions of this regulation relating to the issuance of permit, every person who is engaged in the sale of food or in the manufacture, preparation, storage, packing or delivery of food for sale shall protect such food from contamination. f. Power of Entry - Any sanitary Inspector or duly authorized officer of the Department of Health or of the Provincial, Municipal or City Health Officer, upon presentation of power credentials may at all reasonable times enter any premises engaged in the manufacture, preparation, or packing of any article of food for sale or any premises used for any of the purposes referred to in this Code for the purpose of inspection or any other action necessary for administration of this Code.
1. No grocery or sari-sari store shall be established within a distance of 25 meters from any source of contamination.
2. All foods which require no further cooking before they are eaten shall be protected from contamination while in countries or showcases.
b. Bakeries 1. Delivery trucks and carts of bakery products shall always be kept clean and sanitary. c. Dairies 1.No dairy shall keep unhealthy or infected cows, carabaos or goats for the production of mild, or feed them unwholesome food which produces impure or unwholesome mild.
2. No animals used for the production of milk shall be allowed to graze on land which has been contaminated by radioactivity. 3. No dairy shall sell unwholesome milk that has not been previously pasteurized or otherwise sterilized.
d. Ice Plants 1. Only potable water shall be used in the manufacture of ice.
2. In storing and transporting ice intended for public consumption, precautionary measures shall be taken to protect the ice from sources of contamination.
e. Ambulant Food Vendors 1. These vendors shall sell only bottled food drinks, biscuits and confectioneries. PALEVINO, Marinet O. BS Ar. 4A Page 97
f. Oyster beds 1. Oysters shall be planted and grown only in areas approved by the Secretary or his duly authorized representatives and in places duly licensed by the Bureau of Fisheries and Aquatic Resources.
2. Oysters offered for sale, if not originating from approved areas, shall be confiscated and destroyed by the local health authority.
g. Fish Marketing Areas 1. Only fresh and wholesome fish products shall be sold.
2. Fish caught in radioactive zones as well as in areas contaminated by toxic substances or high in mercury count as determined by the health authorities shall be condemned and not be allowed for public consumption. 3. The selling, distribution and buying of fish caught through the use of explosives and chemicals are prohibited.
Sec. 33. Responsibility of the Local Health Authority. The local health authority shall:
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a. Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and their premises;
b. Take samples of food and drink from any establishments or vendor as often as necessary to determine if these are unwholesome, adulterated, or contaminated by radioactivity; c. Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption; d. Seal and prohibit the use of devices, utensils, containers, vehicles,machines, piping and appurtenances if in his opinion the are unsanitary; and e. Enforce the provisions of this Chapter and the rules and regulations promulgated by the Secretary.
CHAPTER IV - MARKETS AND ABATTOIRS Sec. 34. Prescribed Standards of Construction - The construction of markets and abattoirs shall conform to standards prescribed by the Department. These standards shall be set along the following guidelines:
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1. Suitability of site insofar as elimination of nuisance condition and prevention contamination are contamination are concerned;
2. Availability of ample water supply for cleaning; 3. Accessibility of adequate drainage facilities; 4. Durability of construction to protect vendors and customers from any hazard and exposure to the elements; and 5. Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin.
1. Make periodic inspections to ascertain the maintenance of adequate sanitary conditions of markets and their premises;
2. Supervise and control the proper care and use of market stalls;
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b. On Abattoirs 1. Supervise the maintenance of adequate sanitation in abattoirs and their premises;
2. Enforce the requirements on the examination of meat as provided in existing laws; 3. Permit the slaughter of animals for public consumption in other designated areas in certain exigences, provided public health is adequately protected; 4. Supervise the sanitary disposal of all abattoir wastes; and 5. Ensure that only healthy animals shall be slaughtered, and the method of slaughtering, the techniques of dressing and the storing, handling and transporting procedures are in accordance with prescribed standards.
Sec. 36. Responsibility of local governments and private operators. - Local government s and private operators in charge of public or private markets and abattoirs shall employ an adequate number of personnel to ensure their efficient operation and hygienic maintenance. These employees shall be under the direct supervision of the local health authority.
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CHAPTER V. PUBLIC LAUNDRY Sec. 37. Sanitary Permit. - No public laundry shall operate without a sanitary permit from the Secretary or his duly authorized representative. As used in this Chapter, a public laundry is a laundry established and operated for commercial purposes, open to the public, and not to an exclusive clientele.
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Sec. 38. General Requirements. - The construction and operation of a public laundry shall be governed by the following requirements:
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a. Structural Requirements -
b. Sanitary Requirements 1. Laundry supplies in both liquid and solid state shall be properly stored, prepared and handled. Containers of chemical shall be properly labeled.
2. Employees shall be provided with potable drinking water, toilets and washing facilities. 3. Employees shall be provided with lockers for their working garments and street cloths. 4. The plant and its premises and equipment shall be maintained clean and sanitary at all times.
a. All articles to be laundered coming from hospitals and infected sources shall be treated by exposure to a sufficient quantity of hot water detergents or by other effective means of disinfection. b. All linen, bed clothes, pajamas, towels, bedsheets,pillow cases, etc, that have come in contact with any form of radioactivity should be isolated in a certain area and monitored by Radiation Safety personnel before sending these articles for laundry. If any amount of radioactive contamination is found, the affected article should be set aside and the radioactivity allowed to completely decay before said article is sent for laundry.
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CHAPTER VI - School Sanitary and Health Services Sec. 40. Definition of Terms. - As used in this Chapter, the following terms shall mean: a. School - An institution of learning which may be public, private or parochial.
b. Special School - A school which utilizes cadavers,plants, animals, bacterial and viral cultures for studies and research. c. Physical Environments - The school Plant, grounds and facilities. d. Emotional Environment - Factors which affect the emotional health of students and members of the faculty.
Sec. 41. The Physical Environment. - In the design and construction of the school plant, the following factors shall be considered:
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a. Site - Traffic hazards are to be avoided but not to the point of sacrificing accessibility to public transportation. It shall be distant from sources of nuisances.
b. Grounds - The acreage shall be large enough to permit playgrounds, athletic fields and school gardens c. Building - Preferably it shall be constructed of strong and durable materials and designed along functional lines. For the prevention of the fire hazards, the requirements of the local fire department shall be observed. Sufficient ventilation shall be provided. Wall and ceiling finishes should be chosen so as to give optimum lightning with minimum glare. Artificial lightning with louvered fluorescent or incandescent fixture shall be used to supply a minimum lightning of 25 foot-candles in the darkest corner. For flooring, suitable materials shall be used which will give maximum durability without creating a slippery surface. d. Sanitary Facilities - the school population shall be provided with potable water, sewage and waste disposal systems shall likewise conform to the requirements shall prescribed in this Code.
Sec. 42. The Emotional Environment. - for the promotion of emotional health of the school population the following requirements shall be observed:
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a. Suitable Location - the school site shall be located away from the disturbances and places which give undesirable influence.
b. Recreational Facilities - The school must have safe and attractive playgrounds and adequate facilities for suitable sports and games. c. Rest Rooms - facilities shall be provided where faculty members can rest and get short respite from teaching chores.
Sec. 43. Health Services. - Trained personnel and adequate facilities should be available so that students may be afforded the following health services:
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Sec. 44. Requirements for Special Schools. a. Cadavers shall be stored in morgues and dissected in dissecting rooms, all which shall be constructed and maintained in accordance with standards prescribed by the Department. b. Poisonous or harmful plants and animals shall be kept in adequate and secured areas. c. Viral and bacterial culture shall be kept in laboratories s under standard security laboratory measures. d. Schools utilizing radioactive materials or sources for study or research should closely conform to the requirements and guidelines given by the Radiation Health Office and Philippine Atomic Energy Commission concerning radiation protection; Sec. 45. Sanitary Requirements
a. No person, firm, corporation, or entity shall operate any industrial establishment without first obtaining a sanitary permit from the Secretary or his duly authorized representatives.
b. Industrial establishments shall be allowed to operate only in places or zones assigned for the kind of industry by existing zoning laws, ordinances, or policies. The local health authority shall determine the suitability of location where no zoning law, ordinance or policy exists. c. Adequate potable water supply shall be provided to employees. d.Sewage disposal shall be by means of a municipal or city sewerage system whenever possible. If no municipal or city sewerage system exists it shall be done in accordance with the provisions of this Code. Adequate and conveniently located toilet and bath facilities shall be provided for each sex. e. All wastes incident to the operation of the industrial plant shall be collected, stored, or disposed of in a manner to prevent health hazards, nuisances, and pollution. Where a city or municipal collection and disposal system exists, it should be maintained. f. an abatement program for the control of vermin shall be maintained. g. Adequate restrooms and mass halls shall be provided for employees. h. All places of employment and all workrooms, including machinery and equipment, shall be kept clean and sanitary.
a. Issue a list of maximum concentration of atmospheric contaminants as guide in appraising health hazards and in evaluating control measures. The term maximum concentration as used in this Chapter means the amount of atmospheric contaminant which can be tolerated by man for continuous daily exposure with no impairment of health or well-being either immediate or after a long period of exposure.
b. Review the concentration values at regular intervals to amend or alter the list where indicated. c. Specify other concentrations of short intermittent duration capable of causing acute impairment of health. d. Require control of other contaminants known or believed to be capable of causing impairment of health but not included in the list already issued by the Department. e. Prescribe control measures to eliminate transmission of infectious disease through processing or handling of industrial products or wastes. f. Prescribe illumination standard values and order their review at regular intervals to alter to which workers may be exposed while on their job. g. Promulgate measures to effectively and adequately control any possible radioactivity to which workers may be exposed while on their job. h. Promulgate control measures to reduce noise pollution.
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CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 47. Responsibilities of the employer and employees. - The following are the responsibilities of the employer and employees in industrial establishments:
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a. Employer responsibility -
1. Provide, install and maintain in good repair all control measures and protective equipment;
2. Inform affected employees regarding the nature of the hazards and the reasons for, and methods of control measures and protective equipment; 3. Make periodical testing of the hearing of all employees in noisy areas of operation. 4. Adopt measures so that the noise produced is within allowable limits so as not to affect neighboring offices, buildings or establishments; 5. Request the Department a permit for variation from the requirements when other means of equivalent protection are provided: and 6. Provide personal protective equipment and or protective barriers when they are necessary.
b. Employee responsibility 1. Observe strictly protective control measures which are prescribed; and
2. Use equipment provided them properly.
Sec. 48. Environmental provisions. - The environmental provisions enumerated hereunder for the protection of the health workers are applicable to all industrial establishments:
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b. Control of infectious agents 1. Control measures shall be provided to eliminate or control transmission of infectious diseases through processing or handling of industrial products or wastes. c. Control of possible sources of radiation of radiation hazards should be carried out under the supervision of the Radiation Health Officer or his authorized representative.
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d. Noise - Control measures shall be provided to reduce intensity of noise sufficiently to render it harmless to workers and to eliminate it at its source as a nuisance by following recommendations of the local health or other government authority. e. Illumination -
1. Adequate lightning shall be provided and distributed in all word areas in amount required for the type of work or seeing tasks measured by a light -meter with a minimum of glare and contrasting intensities between work and workroom.
2. Where the specific task requires more light than provided by general illumination, supplementary lighting shall be supplied
f. Ventilation 1. Natural or artificial ventilation shall be provided in all work areas at a rate to insure a safe and healthful working atmosphere, free from injurious amounts of toxic materials and reasonably free from offensive odours and dust throughout the establishment. PALEVINO, Marinet O. BS Ar. 4A Page 102
Sec. 49. Personal Protective Equipment. - The following requirements shall be applicable for personal protective equipment:
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a. Personal protective equipment and or protective barriers shall be provided whenever substances, radiations or mechanical irritants are encountered in a manner capable of causing any pathological change or injury or impairment in functions of any part of the body through skin and or mucous membrane absorption. b. Personal protection equipment which shall include respiratory protectors and other accessories shall be fitted to each exposed worker when necessary. c. X-ray film badges or pocket desimeters should be worn by workers who, during their course of work are unavoidably exposed to even a small amount of radiation. d. Supervisors and employees shall familiarize themselves with the use,proper sanitary care and storage of this equipment. Sec.50. Health and the
Services. - Medical services shall be provided to all employees in accordance with existing laws
rules and regulations prescribed by the Department.
CHAPTER VIII - Public Swimming or Bathing Places Sec. 51. Sanitary Permits. - No public swimming and bathing places shall be operated for public use without a sanitary permit issued by the Secretary or his duly authorized representative.
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of Customers. - To protect the health and safety of persons who use them, the
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1. Correct sanitary practices for persons swimming or bathing to prevent the transmission of communicable diseases:
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2. Correct sanitary procedures for personnel working in those places to maintain their adequate sanitation and cleanliness of accessories used by customers. 3. Adequate number of trained personnel and necessary equipment needed for life-saving and rescue work. 4. Post conspicuous signs to warn the public of the presence of artificial or natural hazards; and
1. Sanitary structural requisites for swimming pools and bath houses to prevent pollution of their waters and to facilitate sanitation maintenance;
2. Sanitary structural standards for appurtenances, such as toilets, shower baths and dressing rooms to eliminate the risk of infection; 3. Methods of determining the sanitary quality of water, particularly that which is used in swimming pools; and 4. Criteria to be used in the limitation of swimming or bathing loads of swimming pools in accordance with the type of water treatment applied.
Sec. 53. Responsibility of the Local Health Authority. - The local health authority concerned shall:
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CHAPTER IX - Rest Areas, Bus Terminals, Bus Stops and Service Stations Sec. 54. Rest areas, bus terminals, bus stops and service station areas with one or more permanent sheds, buildings and service facilities for the convenience and personal necessities of the traveling public.
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a. Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent overcrowding of motor vehicles and travelers. b. They shall be provided with adequate ventilation and lighting and away from sources of nuisance. c. Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this Code. d. Excreta and sewage collection and disposal shall be provided in accordance with the provisions of Chapter XVII of this Code.' e. Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code. f. Comfort rooms - Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein in accordance with the provisions on Chapter XVII of this Code. g. Waiting sheds for computers shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons. Floors shall be of smooth concrete finish and adequate sitting facilities provided for h. Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code.
CHAPTER X - Camps and Picnic Grounds Sec. 55. No camps and picnic grounds shall be open for public patronage without a sanitary permit issued by Secretary or his duly authorized representative.
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a. Camps and picnic ground sites shall not be subject to flooding, must be well drained, distant from any source of nuisance and will not endanger sources of any public water supply. b. Camp and picnic houses shall be provided with adequate lightning and ventilation. Where tents are used flooring shall be at least 4 inches above the ground. c. Adequate and safe drinking water shall be available at all times in accordance with the provisions of Chapter II of this Code. d. Adequate number of sanitary facilities shall be provided. e. Sewage disposal shall be in accordance with the provisions on Chapter III of this Code. f. The Storage, preparation and serving food shall be in accordance with Chapter III of this Code. g. Refuse cans shall be provided at strategic points in the ground area provided with tight fitting cover. A regular collection service shall be maintained. Refuse disposal shall be in accordance with the provisions of Chapter XVIII of this Code. h. Camps and picnic grounds shall at all times be maintained clean, free from litter and accumulated rubbish. i. A program on Vermin Control shall be made in accordance with Chapter XVI of this Code.
CHAPTER XI - Dancing Schools, Dance Halls and Night Clubs Sec. 56. General Provisions. - The following provisions are applicable to dancing schools, dance halls and night clubs:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. These establishments shall be operated and opened for public patronage only when a sanitary permit is issued by the local health authority.
b. These establishments and their premises shall be kept clean and sanitary at all times. c. Patrons shall be provided with adequate potable water and toilet facilities in accordance with standards prescribed in this Code. d. There shall be no private rooms or separate compartments for public use except those used for lavatories, dressing rooms, bars and kitchens.
Sec. 57. Special Provisions. - The following provisions are applicable in cases herein specified:
a. For dancing schools -
No person shall be employed as a dancing instructor or instructress without securing a health certificate from the local health authority. b. For dance halls and night clubs 1. No person shall be employed as hostess or cook or bartender or waiter without first securing a health certificate from the local health authority.
2. The storage, preparation and serving of food and drinks shall be in accordance with the provisions prescribed in Chapter III of this Code.
CHAPTER XII - Tonsorial and Beauty Establishments Sec. 58. Definition of Terms. - As used in this Chapter, the term"Tonsorial and Beauty Establishments" include barber shops, beauty parlors, hairdressing and manicuring establishments and figure slenderizing salons.
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1. Sanitary permit shall be produced from the local health authority before their operation.
2. They shall be maintained clean and sanitary at all times. 3. No person shall be employed to service customers without a health certificate issued by the local health authority.
b. Correct Sanitary Practices - the following sanitary practices shall be observed. 1. Working personnel shall wash their hands with soap and water before servicing customers.
2. They shall wear clean working garments. 3. They shall not smoke nor eat while working. 4. Implements of their trade shall be cleaned and disinfected before and after their use. 5. Customers shall be supplied with clean and fresh towels, drapes and other linen necessary. 6. Precautionary measures to prevent disease transmission shall be observed when serving customers showing any form of dermatoses.
CHAPTER XIII - Massage Clinics and Sauna Bath Establishments Sec. 59. Definition of Terms. - As used in this Chapter the following terms shall mean:
a. Message - A method wherein the superficial soft t parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes. b. Message Clinic - An establishment where message is administered to customers. c. Masscur - A trained person duly licensed by the Secretary of his authorized representative to perform massage and to supervise massage clinic attendants.
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1. The reception and office rooms shall be properly lighted and ventilated.
2. Every massage room shall be adequately ventilated, provided with a sliding curtain at the entrance and the with a suitable and clean massage table 3. Sanitary and adequate hand washing, bath and toilet facilities shall be available 4. Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers.The y shall be required to take a thorough bath before massage. 5. Masseur and masseur attendant shall wash their hands with soap and water before and after massaging a customer. 6. the establishment and its premises shall be maintained clean and sanitary at all times.
b. Sauna Bath Establishment 1. The reception and office rooms shall be properly lighted and adequately ventilated.
2. The sauna bath room shall be properly lighted, provided with thermometers, and maintained clean and sanitary at all times. 3. Sanitary and adequate hand washing, bath and toilet facilities shall be available. 4. Customers shall be provided with soap, clean towels and sanitized rubber or plastic slippers.
1. The person must have a certificate as a registered masseur, issued by the Committee on Examiners for Masseur of the Department. b. He must possess an up-to-date health certificate issued by the local health authority to include VD clearance secured from any government clinic or hospital. 1. The person must wear a clean working garment when attending to customers. c. Sauna Bath Attendant 1. Attendant must possess an up-to- date health certificate issued by the local health authority.
2. The person must wear a clean working garment when attending to customers.
CHAPTER XIV - Hotels, Motels and Apartments, Lodging, Boarding, or Tenement Houses, and Condominiums. Sec. 63. Definition of Terms. - As used in this Chapter, the following terms shall mean:
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a. Hotel - A building where transient guests are received and are supplied with and charged for meals, lodging and other services.
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a. No establishment shall be operated and opened for public patronage without a sanitary permit issued by the Secretary or his duly authorized representative. b. Any extension or additional construction in an establishment shall require a sanitary permit before it could be operated. c. All establishment shall provide their patrons with adequate water supply, toilet and bath facilities in accordance with standards prescribed in this Code. d. Establishments and their premises shall be kept clean and sanitary at all times. e. Periodic insect and vermin control measures shall be undertaken to eradicate vectors of diseases. f. Animals, fowls and pets shall be housed in appropriate kennels or cages separate from living quarters. g. No person shall be employed in establishments without first procuring a health certificate from the local health authority, Sec. 65. Special Provisions. - The following provisions are applicable. a. Hotels and Motels -
1. The storage, preparation and serving of food to customers shall be in accordance with the standards prescribed in Chapter III of this Code.
2. Customers shall be provided with clean linen such as bedsheets, pillow cases, towels and napkins. 3. When rooms or cabin are vacated, their toilets or baths shall sanitized and clean and fresh linen shall be provided before the room or cabin is rented for occupancy.
1. the choice for sites should consider availability of bus and taxi transportation services.
2. Nearness to place of work, schools,police stations and clinics. 3. Availability of low-cost goods. 4. Parking facilities and playgrounds for children. 5. Facilities for refuse disposal and cleanliness of buildings, and 6. Efficiency of lifts.
CHAPTER XV - Port, Airport, Vessel and Aircraft Sanitation Sec. 66. Port and Airport Sanitation. - In ports and airports, the following sanitary requirements shall be applied:
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CHAPTER XVI - Vermin Control Sec. 69. Definition of Terms. - As used in this Chapter, the following terms shall mean:
a. Place - Land, building, residence, pier, watercraft, aircraft or any means of conveyance.
b. Vermin - A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. Sec. 70. General Requirements. a. A vermin abatement program shall be maintained in places by their owners, operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement program, the local health agency will undertake the work at their expense. b. Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them. c. The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority.
CHAPTER XVII - Sewage Collection and Disposal, Excreta Disposal and Drainage. Sec. 71. Definition of Terms. - As used in this chapter the following terms shall mean:
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a. Public sewerage system - A system serving twenty five persons or more. b. Septic tank - A water tight receptacle which receives the discharge of a plumbing system or part thereof, and is designed to accomplish the partial removal and digestion of the suspended solid matter in the sewage through a period of detention. Its construction shall be in accordance with specifications prescribed in this Chapter. c. House sewer - The pipe line conveying sewage from the house or building to the septic tank or to any point of discharge.
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2. Flush toilets connected to a septic tank constructed in accordance with this Chapter: 3. any approved type pit privy built in accordance with this Chapter;and
4. Any disposal device approved by the Secretary or his duly authorized representative.
j. Privy - A structure which id not connected to a sewerage system and is used for the reception, disposition and storage of feces or other excreta from the human body.
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k.Septic privy where the fecal matter is placed in a septic tank containing water and connected to a drain field but which is not served by a water supply under pressure. l. Box and can privy - A privy where fecal matter is deposited in a can bucket which is removed for emptying and cleaning. m. Concrete vault privy - A pit privy with the pit lined with concrete in such manner as to make it water tight. n. Chemical privy - A privy where fecal matter is deposited into a tank containing a caustic chemical solution to prevent septic action while the organic matter is decomposed. Sec. 72. Scope of Supervision of the Department. - The approval of the Secretary or his duly authorized representative is required in the following matters:
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a. Construction of any approved type of toilet for every house including community toilet which may be allowed for a group of small houses of light materials or temporary in nature; b. Plans of individual sewage disposal system and the sub-surface absorption system, or other treatment device; c. Location of any toilet or sewage disposal system in relation to a source of water supply; d. Plans, design data and specifications of a new or existing sewerage system or sewage treatment plant; e. The discharge of untreated effluent of septic tanks and or sewage treatment plants to bodies of water; f. Manufacture of septic tanks; and g. Method of disposal of sludge from septic tanks or other treatment plants. Sec. 73. Operation of Sewage Treatment Works. - Private or public sewerage systems shall:
a. Provide laboratory facilities for control tests and other examinations needed;
b. Forward to the local health authority in case of breakdown or improper functioning of the sewage treatment works; c. Inform the local health authority in case of breakdown or improper functioning of the sewage treatment work; and d. Provide for the treatment of all sewage entering the treatment plant.
Sec. 74. Requirements in the operation of Sewerage Works and Sewage Treatment Plants. - The following are required for sewerage works and sewage treatment plants:
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a. It shall be generally rectangular in shape. When a number of compartments are used, the first compartment shall have the capacity from one-half to two-thirds of the total volume of the tank.
b. It shall be built of concrete, whether pre-cast or poured in place. Brick,concrete blocks or adobe may be used. c. It shall not be constructed under any building and within 25 meters from any source of water supply.
SEC.76. Disposal of Septic Tank Effluent.- The effluent from septic tanks shall be discharged into a subsurfaced soil, absorption field where applicable or shall be treated with some type of a purification device. The treated effluent may be discharged into a stream or body of water if it conforms to the quality standards prescribe by the National Water and Air Pollution Control Commission.
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of Septic Tanks Capacity. - The septic tank capacity may be determined from the
estimated unit flow contained in Table I "Quantities of Sewage Flow", based on adequate detention time interval resulting in efficient sedimentation. Daily flow from mattered results, may be used as estimated flow when available. For edifices with occupants, the number of persons to be served shall be computed on the number of rooms with each room considered as occupied by two persons or in the basis of the actual number of persons served by the tank, whichever is greater. Sec. 78. Sanitary Privies. - The privy recommended for use is the sanitary privy. It shall conform with the following minimum requirements:
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a. It shall consist of an earthen pit, a floor covering the pit, and a water -sealed bowl. It shall be so constructed in order that fecal matter and urine will be deposited into the earthen pit which shall be completely fly-proof.
b. The pit shall be at least one meter square. c.The floor should cover the pit tightly to prevent the entrance of flies. It shall be constructed of concrete or other impervious material. d. The water-sealed bowl shall be joined to the floor so as to form a water-tight and insect proof joint. e.A suitable building, shall be constructed to provide comfort and privacy for the users of the privy. f. Wooden floors and seat risers shall not be used.
Sec. 79. Drainage. - a. Responsibility of cities and municipalities - It shall be the responsibility of all cities and municipalities to provide and maintain in a sanitary state and in good repair a satisfactory system of drainage in all inhabited areas where waste water from buildings and premises could empty without causing nuisance to the community and danger to public health.
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CHAPTER XVIII - Refuse Disposal Sec. 81. Definition of Terms. - As used in this chapter, refuse is an inclusive term for all solid waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes.
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and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction in a manner approved by the local health authority. Sec. 83. Additional Requirements. a. Occupants of buildings and residences shall, provide a sufficient number of receptacles for refuse. Refuse in receptacles shall be protected against vermin and other animals. b. Refuse shall be disposed through a municipal collection service. If this service is not available, disposal shall be by incineration, burying, sanitary landfill or any method approved by the local health authority. c. Refuse shall not be thrown i any street, sidewalk, yard, park or any body of water. It shall be stored suitable container while awaiting its final disposal. d. Streets shall be kept clean by occupants or owners of properties lining the street from the line of the property to the middle of the street and from one property to the other.' e. Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government concerned.
CHAPTER XIX - Nuisances and Offensive Trades and Occupations Sec. 84. Nuisances and Offensive Trades and Occupations. a. Nuisance - Anything that injures health, endangers life, offends the senses or produces discomfort to the community. b. Offensive trades or occupations - These are the following:
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1. Soap boiling
2. Guts cleaning 3. Boiling of offal, bones, fat or lard; Permissible if process is performed in a public slaughter house under prescribed regulations. 4. Manufacturing or glue or fertilizer; 5. Skin Curing 6. Scrap processing 7. Manure storing 8. Lime burning 9. Lye making; and 10. Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous substance is used.
Sec. 85. Types of Nuisances. - For the purpose of this Chapter, the following shall be considered nuisances:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Public or private premises maintained and used in a manner injurious to health;
b. Breeding places and harborages of vermin; c. Animals and their carcasses which are injurious to health; d. Accumulation of refuse; e. Noxious matter or waste water discharged improperly in streets; f. Animals stockage maintained in a manner injurious to health; g. Excessive noise; and h. Illegal shanties in public or private properties.
The use of such chemicals permissible in the practice of pharmacy and in printing where ready made lead types are used.
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a. Secure a sanitary permit from the local health authority before establishing and operating their business or b. Remove daily all injurious by-products and wastes; c. Prevent the escape of industrial impurities and adopt methods to render them innocuous; d. Maintain working establishments and their premises clean and sanitary at all times; e. Store all materials properly to prevent emission of noxious or injurious effluvia.
CHAPTER XX - Pollution of the Environment Sec. 87. General Provisions. - For the purpose of this Chapter, the provisions of Republic Act No. 3931, the rules and regulations of the National Water and Air Pollution Control Commission promulgated in accordance with the provisions of Section 6 (a) 2 of the said Act, the provisions of Presidential Decree No. 430 and the rules and regulations of the Radiation Health Office of the Department of Health shall be applied and enforced.
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Sec. 88. Authority of the Secretary. - The Secretary is authorized to promulgate rules and regulations for the control and prevention of the following types of pollution:
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CHAPTER XXI - Disposal of Dead Persons Sec. 89. Definition. - As used in this Chapter, the following terms shall mean:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Burial grounds - cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead.
b. Embalming - preparing, disinfecting, and preserving a dead body for its final disposal. c. Embalmer - a person who practices embalming. d. Undertaking - the care, transport and disposal of the body of deceased person by any means other than embalming. e. Undertaker - Person who practice undertaking f. Funeral establishment - any place used in the preparation and care of the body of a deceased person for burial. g. Remains - the body of a dead person h.Burial- Internment of remains in a grave, tomb or in the sea. i.Disinterment - the removal or exhumation of remains from places of interment.
Sec. 90. Burial Grounds Requirements. - The following requirements shall be applied and enforced:
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a. It shall be unlawful for any person to bury remains in places other than those legally authorized in conformity with the provisions of this Chapter.
b. A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed with in the same distance from any burial ground. c. No burial ground shall be located within 50 meters from either side of a river or within 50 meters from any source of water supply.
Sec. 91. Burial Requirements. - The burial of remains is subject to the following requirements:
a. No remains shall be buried without a death certificate. This certificate shall be issued by the attending physician. If there has been no physician in attendance, it shall be issued by the mayor, the secretary of the municipal board, or a councilor of the municipality where the death occured. The death certificate shall be forwarded to the local civil register within 48 hours after death.
b. Shipment of remains abroad shall governed by the rules and regulations of the Bureau of Quarantine. c. Graves where remains are buried shall be at least one and one-half meters deep and filed well and firmly. d. The cost of burial of a dead person shall be borne by the nearest skin. If the kin is not financially capable of defraying the expenses or if the deceased had no kin, the cost shall be borne by the city or municipal government. e. The burial of remains in city or municipal burial grounds shall not be prohibited on account of race, nationality, regional or political persuasion. f. If the person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence or crime, he shall notify immediately the local authorities concerned. In this case the deceased shall not be buried until a permission is obtained from the provincial or city fiscal. If these officials are not available the permission shall be obtained from any government official authorized by law. g. Except when required by legal investigation or when permitted by the local health authority, no unembalmed remains shall unburied longer than 48 hours after death. h. When the coast of death is a dangerous communicable disease, the remain shall be buried within 12 hours after death. They shall not be taken to any place of public assembly. Only the adult members of the family of the deceased may be permitted to attend the funeral.
SEC. 92. Disinterment Requirements. - Disinterment of remains is subject to the following requirements:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after a burial period of three years.
b. Permission to disinter remains of person who died of dangerous communicable diseases may be granted after a burial period of five years. c. Disinterment of remains covered in paragraphs "a" and "b" of this Section may be permitted within a shorter time than that prescribed in special cases, subject to the approval of the Regional Director concerned of his duly authorized representative. d. In all cases of disinterment, the remains shall be disinfected and places in a durable and sealed container prior to their final disposal.
SEC. 93. Funeral and Embalming Establishments. - These establishments are subject to the following requirements:
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a. Scope of inclusion - For the purposes of this Section, requirements prescribed herein shall be applied and enforced to funeral chapels, embalming establishments and morgues. b. Sanitary permit - No establishment mentioned in the preceding paragraph shall be operated without a sanitary permit issued by the Secretary or his duly authorized representative. This permit shall be revoked in case of any violation of the provision of this chapter and the rules and regulations promulgated by the Secretary. c. Classification - Funeral establishment shall be classified in three (3) categories which are described as follows:
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1. Category I - Establishments with chapel, and embalming facilities and offering funeral services.
2. Category II - Establishments with chapels and offering funeral services but without embalming facilities. 3. category III - Establishments offering only funeral services from the house of the deceased to the burial ground.
d. Sanitary requirements for funeral chapels- the requirements prescribed for places of public assembly in this Code shall be applied.
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1. They should be constructed of concrete or semi-concrete materials with sufficient space to accommodate five bodies at one time.
2. The floors and walls shall be made of concrete or other durable impervious materials. 3. ventilation and lighting should be adequately provided. 4. Embalming shall be performed on a table made of a single marble slab or other equally impervious materials. It shall be so constructed that all washings and body fluids shall flow to a drain connected to the waste piping system of the building. 5. Embalming and assistants shall use rubber gloves when working. 6. Washing facilities with soaps, detergents and germicidal solutions shall be provided for use of the working personnel.
SEC. 94. Licensing and Registration Procedures. - the licensing and registration of undertakers and embalmers are subject to the following requirements:
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1. Any person who desires to practice undertaking or embalming shall be licensed to practice only after passing examination conducted by the Department.
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b. Issuance of certificates or registration 1. An undertaker or embalmer shall apply annually for a registration certificates and pay an annul registration fee of twenty-five pesos to the Regional Health Office concerned.
2. The first registration certificate issued shall cover the period from the date of issuance to the last day of the current year. Subsequent certificate shall expire December 31 of the year. 3. Certificates of registration shall be posed conspicuously in establishments concerned.
c. Exemption - Government and private physicians may perform embalming without license and registration certificates as exigencies require.
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and Dissection of Remains. - The autopsy and dissection of remains are subject to the
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following requirements:
1. Health officers;
2. Medical officers of law enforcement agencies; and 3. Members of the medical staff of accredited hospitals.
b. Autopsies shall be performed in the following cases: 1. Whenever required by special laws;
2. Upon orders of a competent court, a mayor and a provincial or city fiscal; 3. Upon written request of police authorities; 4. Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it necessary disinter and take possession of remains for examination to determine the cause of death; and 5. Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of death.
c. Autopsies may be performed on patients who die in accredited hospitals subject to the following requirements:
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1. The Director of the hospital shall notify the next of kin of the death of the deceased and request permission to perform an autopsy;
2. Administer city or municipal cemeteries; 3. Issue permits to inter, disinter or transfer remains; 4. Apply prescribed measures when cause of death is due to a dangerous communicable disease; 5. Keep records of death occurring within his area of jurisdiction; and 6. Authorize the delivery of unclaimed remains to medical schools and scientific institutions for purposes specified in this Chapter and in accordance with the rules and regulations of the Department.
a. Reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to approval of regional Directors concerned; b. Utilize judiciously grants, gifts, bequests of property or financial donations for the establishment or improvement of cemeteries;and
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CHAPTER XXII - Final Provisions Sec. 103. Penal Provisions. a. Unless otherwise provided in any Chapter or section in this Code, any person who shall violate, disobey, refuse, omit or neglect to comply with any of the rules and regulations promulgated under this Code shall be guilty of misdemeanor and upon conviction shall b punished by imprisonment for a period not exceeding six months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the court. b. Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department or of the Bureaus and offices under it, in the performance of his duty as such under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of the Code, shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six months or by a fine or not exceeding one thousand pesos or both depending upon the discretion of the Court. Sec. 104. Separability Clause. - In the event that any section, paragraph, sentence clause or word of this Code is declared invalid for any reason, other provisions thereof shall not be affected thereby. Sec. 105. Repealing Clause. - All laws, as will as pertinent rules and regulations thereof which are inconsistent with the provisions of this Code are hereby repealed or amended accordingly. Sec. 106. Effectivity. - This Code is hereby made part of the law of the land and shall take effect immediately.
Done in the City of Manila, this 23rd day of December, in the year of Our Lord, nineteen hundred and seventy-five.
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REPUBLIC ACT NO. 4726 June 18, 1966 AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CREATION, AND GOVERN ITS INCIDENTS. Section 1. The short title of this Act shall be "The Condominium Act". PALEVINO, Marinet O. BS Ar. 4A Page 116
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas. The real right in condominium may be ownership or any other interest in real property recognized by law, on property in the Civil Code and other pertinent laws. Section 3. As used in this Act, unless the context otherwise requires: (a) "Condominium" means a condominium as defined in the next preceding section. (b) "Unit" means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. (c) "Project" means the entire parcel of real property divided or to be divided in condominiums, including all structures thereon, (d) "Common areas" means the entire project excepting all units separately granted or held or reserved. (e) "To divide" real property means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. Sec. 4. The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land, if the latter had been patented or registered under either the Land Registration or Cadastral Acts, an enabling or master deed which shall contain, among others, the following: (a) Description of the land on which the building or buildings and improvements are or are to be located; (b) Description of the building or buildings, stating the number of stories and basements, the number of units and their accessories, if any; (c) Description of the common areas and facilities; (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation, a statement to this effect shall be included; PALEVINO, Marinet O. BS Ar. 4A Page 117
CODE STUDY ON CORPORATE BUILDING DESIGN (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use; (f) A certificate of the registered owner of the property, if he is other than those executing the master deed, as well as of all registered holders of any lien or encumbrance on the property, that they consent to the registration of the deed; (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project, unless a survey plan of the same property had previously bee filed in said office; (2) A diagrammatic floor plan of the building or buildings in the project, in sufficient detail to identify each unit, its relative location and approximate dimensions; (h) Any reasonable restriction not contrary to law, morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or owners of the property and consented to by all registered holders of any lien or encumbrance on the land or building or portion thereof. The term "registered owner" shall include the registered owners of condominiums in the project. Until registration of a revocation, the provisions of this Act shall continue to apply to such property. Sec. 5. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the undivided interests in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: Provided, however, That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens, or corporations at least sixty percent of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession. Where the common areas in a condominium project are held by a corporation, no transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws. Sec. 6. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a condominium grant are as follows: (a) The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. The following are not part of the unit bearing walls, columns, floors, roofs, foundations and other common structural elements of the building; lobbies, stairways, hallways, and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. PALEVINO, Marinet O. BS Ar. 4A Page 118
CODE STUDY ON CORPORATE BUILDING DESIGN (b) There shall pass with the unit, as an appurtenance thereof, an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. (c) Unless otherwise, provided, the common areas are held in common by the holders of units, in equal shares, one for each unit. (d) A non-exclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. (e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit. (f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. (g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties; Sec. 7. Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition thereof. Sec. 8. Where several persons own condominiums in a condominium project, an action may be brought by one or more such persons for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were co-owners of the entire project in the same proportion as their interests in the common areas: Provided, however, That a partition shall be made only upon a showing: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project; or (c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project; or
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CODE STUDY ON CORPORATE BUILDING DESIGN (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or (e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly registered in accordance with the terms of this Act, have been met. Section 9. The owner of a project shall, prior to the conveyance of any condominium therein, register a declaration of restrictions relating to such project, which restrictions shall constitute a lien upon each condominium in the project, and shall insure to and bind all condominium owners in the project. Such liens, unless otherwise provided, may be enforced by any condominium owner in the project or by the management body of such project. The Register of Deeds shall enter and annotate the declaration of restrictions upon the certificate of title covering the land included within the project, if the land is patented or registered under the Land Registration or Cadastral Acts. The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a condominium corporation, an association of the condominium owners, a board of governors elected by condominium owners, or a management agent elected by the owners or by the board named in the declaration. It shall also provide for voting majorities quorums, notices, meeting date, and other rules governing such body or bodies. Such declaration of restrictions, among other things, may also provide: (a) As to any such management body; (1) For the powers thereof, including power to enforce the provisions of the declarations of restrictions; (2) For maintenance of insurance policies, insuring condominium owners against loss by fire, casualty, liability, workmen's compensation and other insurable risks, and for bonding of the members of any management body; (3) Provisions for maintenance, utility, gardening and other services benefiting the common areas, for the employment of personnel necessary for the operation of the building, and legal, accounting and other professional and technical services; (4) For purchase of materials, supplies and the like needed by the common areas; (5) For payment of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge of any lien or encumbrance levied against the entire project or the common areas; (6) For reconstruction of any portion or portions of any damage to or destruction of the project; (7) The manner for delegation of its powers; PALEVINO, Marinet O. BS Ar. 4A Page 120
CODE STUDY ON CORPORATE BUILDING DESIGN (8) For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such body is responsible; (9) For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be authorized under Sec. 8 of this Act, which said power shall be binding upon all of the condominium owners regardless of whether they assume the obligations of the restrictions or not. (b) The manner and procedure for amending such restrictions: Provided, That the vote of not less than a majority in interest of the owners is obtained. (c) For independent audit of the accounts of the management body; (d) For reasonable assessments to meet authorized expenditures, each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas; (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described; (f) For conditions, other than those provided for in Sections eight and thirteen of this Act, upon which partition of the project and dissolution of the condominium corporation may be made. Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds, or upon specified percentage of damage to the building, or upon a decision of an arbitrator, or upon any other reasonable condition. Sec. 10. Whenever the common areas in a condominium project are held by a condominium corporation, such corporation shall constitute the management body of the project. The corporate purposes of such a corporation shall be limited to the holding of the common areas, either in ownership or any other interest in real property recognized by law, to the management of the project, and to such other purposes as may be necessary, incidental or convenient to the accomplishment of said purposes. The articles of incorporation or by-laws of the corporation shall not contain any provision contrary to or inconsistent with the provisions of this Act, the enabling or master deed, or the declaration of restrictions of the project. Membership in a condominium corporation, regardless of whether it is a stock or non-stock corporation, shall not be transferable separately from the condominium unit of which it is an appurtenance. When a member or stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common areas, he shall automatically cease to be a member or stockholder of the condominium corporation. Sec. 11. The term of a condominium corporation shall be co-terminus with the duration of the condominium project, the provisions of the Corporation Law to the contrary notwithstanding. Sec. 12. In case of involuntary dissolution of a condominium corporation for any of the causes provided by law, the common areas owned or held by the corporation shall, by way of liquidation, be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof, subject to the superior rights of the corporation creditors. PALEVINO, Marinet O. BS Ar. 4A Page 121
CODE STUDY ON CORPORATE BUILDING DESIGN Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. After such transfer or conveyance, the provisions of this Act governing undivided co-ownership of, or undivided interest in, the common areas in condominium projects shall fully apply. Sec. 13. Until the enabling or the master deed of the project in which the condominium corporation owns or holds the common area is revoked, the corporation shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the Rules of Court except upon a showing: (a) That three years after damage or destruction to the project in which the corporation owns or holds the common areas, which damage or destruction renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that more than thirty percent of the members of the corporation, if non-stock, or the shareholders representing more than thirty percent of the capital stock entitled to vote, if a stock corporation, are opposed to the repair or reconstruction of the project, or (c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomical, and that more than fifty percent of the members of the corporation, if non-stock, or the stockholders representing more than fifty percent of the capital stock entitled to vote, if a stock corporation, are opposed to the repair or restoration or remodeling or modernizing of the project; or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the members holding in aggregate more than seventy percent interest in the corporation, if non-stock, or the stockholders representing more than seventy percent of the capital stock entitled to vote, if a stock corporation, are opposed to the continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or (e) That the conditions for such a dissolution set forth in the declaration of restrictions of the project in which the corporation owns of holds the common areas, have been met. Sec. 14. The condominium corporation may also be dissolved by the affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose: Provided, That all the requirements of Sec. sixty-two of the Corporation Law are complied with. Sec. 15. Unless otherwise provided for in the declaration of restrictions upon voluntary dissolution of a condominium corporation in accordance with the provisions of Sections thirteen and fourteen of this Act, the corporation shall be deemed to hold a power of attorney from all the members or stockholders to sell and dispose of their separate interests in the project and liquidation of the corporation shall be effected by a sale of the entire project as if the corporation owned the whole thereof, subject to the rights of the corporate and of individual condominium creditors. PALEVINO, Marinet O. BS Ar. 4A Page 122
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 16. A condominium corporation shall not, during its existence, sell, exchange, lease or otherwise dispose of the common areas owned or held by it in the condominium project unless authorized by the affirmative vote of all the stockholders or members. Sec. 17. Any provision of the Corporation Law to the contrary notwithstanding, the by-laws of a condominium corporation shall provide that a stockholder or member shall not be entitled to demand payment of his shares or interest in those cases where such right is granted under the Corporation Law unless he consents to sell his separate interest in the project to the corporation or to any purchaser of the corporation's choice who shall also buy from the corporation the dissenting member or stockholder's interest. In case of disagreement as to price, the procedure set forth in the appropriate provision of the Corporation Law for valuation of shares shall be followed. The corporation shall have two years within which to pay for the shares or furnish a purchaser of its choice from the time of award. All expenses incurred in the liquidation of the interest of the dissenting member or stockholder shall be borne by him. Sec. 18. Upon registration of an instrument conveying a condominium, the Register of Deeds shall, upon payment of the proper fees, enter and annotate the conveyance on the certificate of title covering the land included within the project and the transferee shall be entitled to the issuance of a "condominium owner's" copy of the pertinent portion of such certificate of title. Said "condominium owner's" copy need not reproduce the ownership status or series of transactions in force or annotated with respect to other condominiums in the project. A copy of the description of the land, a brief description of the condominium conveyed, name and personal circumstances of the condominium owner would be sufficient for purposes of the "condominium owner's" copy of the certificate of title. No conveyance of condominiums or part thereof, subsequent to the original conveyance thereof from the owner of the project, shall be registered unless accompanied by a certificate of the management body of the project that such conveyance is in accordance with the provisions of the declaration of restrictions of such project. In cases of condominium projects registered under the provisions of the Spanish Mortgage Law or Act 3344, as amended, the registration of the deed of conveyance of a condominium shall be sufficient if the Register of Deeds shall keep the original or signed copy thereof, together with the certificate of the management body of the project, and return a copy of the deed of conveyance to the condominium owner duly acknowledge and stamped by the Register of Deeds in the same manner as in the case of registration of conveyances of real property under said laws. Sec. 19. Where the enabling or master deed provides that the land included within a condominium project are to be owned in common by the condominium owners therein, the Register of Deeds may, at the request of all the condominium owners and upon surrender of all their "condominium owner's" copies, cancel the certificates of title of the property and issue a new one in the name of said condominium owners as pro-indiviso co-owners thereof. Sec. 20. An assessment upon any condominium made in accordance with a duly registered declaration of restrictions shall be an obligation of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs (including attorney's fees) and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condominium assessed when the management body causes a notice of assessment to be registered with the Register of Deeds of the city or PALEVINO, Marinet O. BS Ar. 4A Page 123
CODE STUDY ON CORPORATE BUILDING DESIGN province where such condominium project is located. The notice shall state the amount of such assessment and such other charges thereon a may be authorized by the declaration of restrictions, a description of the condominium, unit against which same has been assessed, and the name of the registered owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. Upon payment of said assessment and charges or other satisfaction thereof, the management body shall cause to be registered a release of the lien. Such lien shall be superior to all other liens registered subsequent to the registration of said notice of assessment except real property tax liens and except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. Such liens may be enforced in the same manner provided for by law for the judicial or extrajudicial foreclosure of mortgages of real property. Unless otherwise provided for in the declaration of restrictions, the management body shall have power to bid at foreclosure sale. The condominium owner shall have the same right of redemption as in cases of judicial or extrajudicial foreclosure of mortgages. Sec. 21. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor, shall be the basis of a lien against the condominium of any other condominium owner, unless such other owners have expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs of his condominium unit. Labor performed or services or materials furnished for the common areas, if duly authorized by the management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium unit. Sec. 22. Unless otherwise provided for by the declaration of restrictions, the management body, provided for herein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property. Sec. 23. Where, in an action for partition of a condominium project or for the dissolution of condominium corporation on the ground that the project or a material part thereof has been condemned or expropriated, the Court finds that the conditions provided for in this Act or in the declaration of restrictions have not been met, the Court may decree a reorganization of the project, declaring which portion or portions of the project shall continue as a condominium project, the owners thereof, and the respective rights of said remaining owners and the just compensation, if any, that a condominium owner may be entitled to due to deprivation of his property. Upon receipt of a copy of the decree, the Register of Deeds shall enter and annotate the same on the pertinent certificate of title. PALEVINO, Marinet O. BS Ar. 4A Page 124
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 24. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable. Section 25. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes to the owners thereof and the tax on each such condominium shall constitute a lien solely thereon. Sec. 26. All Acts or parts of Acts in conflict or inconsistent with this Act are hereby amended insofar as condominium and its incidents are concerned. Sec. 27. This Act shall take effect upon its approval. Approved: June 18, 1966
EXHIBIT 10.5 MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "MOA") is made and executed on this 15th day of December 2003 in Makati City, Metro Manila, by and between; AYALA LAND, INC. a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with offices at (for the purposes of this MOA) the 28th Floor, Tower One and Exchange Plaza, Ayala Triangle, Ayala Avenue, Makati City, Metro Manila, represented herein by its Attorneys-in-Fact Francisco H. Licuanan III and Ma. Victoria E. Anonuevo (hereinafter referred to as "ALI") and PEOPLESUPPORT (PHILIPPINES) INC., a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with offices at 12th-14th Floors, Philamlife Tower, 8767 Paseo de Roxas, Makati City, Metro Manila, represented herein by its President, Rainerio M. Borja (hereinafter referred to as "PEOPLESUPPORT"); (ALI and PEOPLESUPPORT are hereinafter collectively referred to as the "PARTIES".) RECITALS ALI will be developing and constructing a five (5)-storey office building (the "BUILDING") along Amorsolo Street, Legaspi Village, Makati City, Metro Manila, specifically on the site delineated in ANNEX A hereof (the "SITE"). The Building will be
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primarily intended for the operation of a call center and/or outsource services business and will be planned to have approximately 15,805.5 square meters of leasable office space, approximately 1,270 square meters of retail space located at the ground floor of the Building, all with appurtenant parking slots, and will be in accordance with the initial plans and specifications agreed upon by the Parties and provided in ANNEX B, subject to such changes as may be mutually agreed upon by the Parties. PEOPLESUPPORT has offered to lease 15,102.50 square meters of leasable office space (the "OFFICE SPACE") from ALI, together with 147 parking slots (the "OFFICE PARKING SLOTS"), and ALI is willing to lease the Office Space and Office Parking Slots to PEOPLESUPPORT, for the purpose of operating a call center and/or to provide outsource services thereon 24 hours a day and 7 days a week and for such other general office use as PEOPLESUPPORT may deem necessary. For the purpose of providing for the commitments and undertakings of ALI and PEOPLESUPPORT in connection with the development of the Building and prior to the commencement of the lease, the Parties desire to execute this Memorandum of Agreement to govern their relationship. Page 2 Memorandum of Agreement-PeopleSupport Lease NOW THEREFORE, for and in consideration of the foregoing premises and of the terms and conditions hereinafter set forth, the Parties hereby agree as follows: SECTION 1 DEVELOPMENT OF THE BUILDING 1.1 PLANS AND SPECIFICATIONS. ALI hereby undertakes to exert its best efforts to construct the Building in accordance with the plans and specifications provided in ANNEX B, and any amendments or revisions to the same as may be agreed upon by the Parties. PEOPLESUPPORT hereby acknowledges the acceptability of the specifications under ANNEX B for the operation of a call center and/or outsource services business to cater to the requirements of PEOPLESUPPORT. It is agreed, however, that any change in ANNEX B shall require the prior written consent of PEOPLESUPPORT; provided that, PEOPLESUPPORT undertakes not to withhold its consent to any such change in the event that such change in plans and specifications are necessary to conform to or address: (a) site conditions which could not have been reasonably determined at the time of preparations of the plans and specifications; (b) requirements of law and the applicable regulation or change in law; (c) restrictions and regulations promulgated by the Makati Commercial Estate Association, Inc. ("MACEA"); or (d) change in PEOPLESUPPORT's technical and building requirements;
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provided, further, that with respect to the foregoing clauses (a), (b), and (c), such change in the plans and specifications are not inconsistent with, or do not materially alter, the project brief and building design criteria agreed upon by the Parties. Any change in plans and specifications as agreed upon by the Parties shall form part of this MOA as an amendment to ANNEX B hereof. The Parties shall agree upon, finalize and sign off on the project brief, user's requirements and building design criteria as provided in Annex B not later than December 31, 2003. The Parties shall agree upon, finalize and sign off on the design development plans and specifications not later than February 15, 2004; provided that, such initial design development plans and specifications shall be submitted to PEOPLESUPPORT for approval not later than February 1, 2004. In order to ensure that the Building is built to specifications, the Parties shall meet periodically to assess the progress of the construction of the Building based on the milestones to be mutually agreed upon by the Parties. It is understood by the Parties that the milestones will be determined and agreed upon at a later time, which milestones, when agreed upon, shall be incorporated into and form part of this MOA. In addition, ALI agrees to meet with PEOPLESUPPORT at any reasonable time when so requested by the latter, for the purpose of assessing the progress of construction of the Building. Page 3 Memorandum of Agreement-PeopleSupport Lease 1.2 CONSTRUCTION AND DELIVERY. ALI shall exert its best efforts to commence construction of the Building not later than March 31, 2004. ALI shall also exert its best efforts to complete the construction of the Building by April 15, 2005 for the purpose of turning over possession of the entire Office Space to PEOPLESUPPORT not later than April 15, 2005 to allow PEOPLESUPPORT to fit-out the Office Space; provided that, ALI shall exert its best efforts to turn over possession of that portion of the Office Space in the third floor of the Building to PEOPLESUPPORT not later than February 1, 2005, and to turn over possession of that portion of the Office Space on the ground, fourth and fifth floors of the Building not later than March 1, 2005 in order to allow PEOPLESUPPORT to start fitting-out the Office Space on said floors; ALI shall endeavor to complete and turn over the common areas of the Building simultaneous with, and to cause all life-support systems of the Building (including airconditioning, elevator and elevator shaft) to be operational and in place not later than, the completion of the Building. It is agreed by the Parties that the effective turn over of the Office Space or any portion thereof shall be conditioned on the same being ready for fit-out by PEOPLESUPPORT as may be agreed upon by the Parties.
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The best efforts delivery by ALI of the Office Space, whether partially or entirely, as indicated above, shall, however, be subject to the execution by the Parties of a contract of lease, the form of which shall be agreed upon by the Parties on or before February 28, 2004, and which shall in all aspects be in conformity with the terms agreed to by the Parties together with such other changes as negotiated and further agreed upon by the Parties (the "CONTRACT OF LEASE") pursuant to Section 2.3 hereof. The Contract of Lease as agreed upon by the Parties shall likewise form part of this MOA. For the purpose of advising PEOPLESUPPORT of the date of completion of construction of the Building and/or of informing PEOPLESUPPORT that the Office Space (or any portion thereof) is ready for fit-out, ALI shall notify PEOPLESUPPORT in writing of the readiness of the Office Space (or any portion thereof) for delivery (the "NOTICE OF DELIVERY"). 1.3 TENANT FIT-OUT PERIOD. PEOPLESUPPORT shall be entitled to a tenant fit-out period of six (6) months for that portion of the Office Space located on the third floor which shall be turned over by ALI to PEOPLESUPPORT earliest, commencing on the later of: (a) the signing of the Contract of Lease by the Parties; or (b) receipt by PEOPLESUPPORT of the first Notice of Delivery. PEOPLESUPPORT shall be entitled to a tenant fit-out period of five (5) months for the Office Space located on the other floors which shall be subsequently turned over by ALI to PEOPLESUPPORT commencing upon the receipt by PEOPLESUPPORT of the Notice of Delivery for the Office Space on said floors. It is agreed by the Parties that PEOPLESUPPORT shall not be liable to pay rent during the aforesaid tenant fit-out period; provided, that for the period commencing from the turn-over of possession of the portion of the Office Space in the third floor of the Building up to the date prior to the completion of the Building, PEOPLSUPPORT shall be liable to pay common area dues of [Php]58.00 per square meter per month based on the Page 4 Memorandum of Agreement-PeopleSupport Lease aggregate area of the Office Space actually turned over to PEOPLESUPPORT as of the relevant month. Upon turnover by ALI of the Office Space or any portion thereof, and during the tenant fit-out period prior to the completion of the Building: (a) ALI shall provide water and electric connection and other utility services sufficient to allow PEOPLESUPPORT to fit out that portion of the Office Space so turned over, and (b) ALI, its contractors and personnel shall be allowed access to the restrooms and other areas of the Office Space which have been turned over to PEOPLESUPPORT; provided,
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however, that ALI, its contractors, employees and agents shall not interfere with the fit-out of the Office Space subject to the further condition that the fit-out by PEOPLESUPPORT is in accordance with the approved fit-out plans. During the tenant fit-out period, PEOPLESUPPORT shall pay for the costs of electric power and water consumed by PEOPLESUPPORT and consumed in the Office Space or the portion thereof occupied by or turned over to PEOPLESUPPORT. Commencing on the date of completion of the Building and turnover of the Office Space for fit-out, until the Lease Commencement Date, PEOPLESUPPORT shall be liable to pay: (a) common area dues of [Php]68.00 per square meter per month; and (b) air-conditioning charges in the amount of [Php]98.00 per square meter per month, both based on the area occupied by the Office Space. Commencing on the date of completion of the Building and turn-over of the Leased Premises, PEOPLESUPPORT shall be responsible for the maintenance and cleaning of all the restrooms located in the ground, second, third, fourth and fifth floors of the Building, which are exclusively dedicated to the use of PEOPLESUPPORT, its employees, representatives, agents and guests. For this purpose, PEOPLESUPPORT shall require the regular cleaning thereof at least four (4) times for every regular eight (8) hour shifts; and shall maintain the finish of the walls, normal wear and tear excepted. At least thirty (30) days prior to the commencement of the fit-out of the Office Space or any portion thereof, PEOPLESUPPORT shall submit to ALI the architectural, engineering, conceptual plans and specifications for ALI's approval. PEOPLESUPPORT shall not make any alteration, addition or improvement within the Office Space, the Office Parking Slots, or in any of the common areas, without the prior written consent of ALI, and then subject to such reasonable terms and conditions as may be imposed by ALI. The review and approval by ALI of the fit-out plans and the architectural, engineering, conceptual plans and specifications shall not be unreasonably withheld or delayed. ALI shall complete the review of the architectural, engineering, conceptual plans and specifications within fifteen (15) days from PEOPLESUPPORT's submission thereof. The approval by ALI of such plans shall in no event relieve PEOPLESUPPORT from the responsibility of obtaining all the necessary permits and licenses or from paying the necessary taxes, insurance premium or fees as shall be necessary or appropriate in connection therewith. PEOPLESUPPORT shall give all the notices required and shall comply with all ordinances, rules and regulations issued by Page 5 Memorandum of Agreement-PeopleSupport Lease
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governmental agencies and public utility companies having jurisdiction over the same. For purposes hereof, PEOPLESUPPORT shall cause to be submitted to ALI the cash bond as required by Section 1.4 hereof prior to the start of the fit-out. 1.4 CONSTRUCTION BOND. Within seven (7) days prior to any construction, fit-out or renovation in the Office Space or any portion thereof, PEOPLESUPPORT shall cause its Contractor to submit a cash construction bond equivalent to one (1) month's rent in effect at the time the construction is to be undertaken by PEOPLESUPPORT's Contractor to answer and stand as security for the repair or reconstruction of any damage caused to the property of ALI or of any tenant or occupant in the Building arising out of or in connection with the fault or negligence of PEOPLESUPPORT's Contractor, suppliers or workers undertaking such construction, fit-out or renovation or the failure of PEOPLESUPPORT's Contractor to comply with the Construction Guidelines and House Rules, and all other reasonable requirements prescribed by ALI prior to the commencement of such construction, fit-out or renovation work for the performance of such construction, fit-out or renovation work. It is agreed by the Parties that the construction bond to be posted shall be proportional to the amount of space actually turned over and based on the amount of [Php]6,214,550.00 for the entire Office Space. Upon complete turn over of the entire Office Space, the value of the construction bond provided by PEOPLESUPPORT's Contractor should have been increased so as to amount to [Php]6,214,550.00. The construction bond shall be returned to PEOPLESUPPORT's Contractor without interest after the completion of the construction, fit-out or renovation work, less any construction-related charges, if any, due to ALI or any tenant or occupant of the Building, as proper, arising in connection with any damage caused by the fault or negligence of PEOPLESUPPORT's Contractor, suppliers or workers or its or their breach of the Construction Guidelines and House Rules, and all other written requirements prescribed by ALI, subject to PEOPLESUPPORT's Contractor's compliance with all the conditions specified for the return of the bond under the Construction Guidelines and House Rules. 1.5 NAME OF BUILDING. ALI shall grant PEOPLESUPPORT the naming rights to the Building; provided that, PEOPLESUPPORT shall inform ALI in writing of the name chosen for the Building at least 30 days prior to the use thereof by PEOPLESUPPORT; provided, further, that the naming rights shall revert to ALI: (1) upon the expiration of the Contract of Lease; or (2) in the event that PEOPLESUPPORT pre-terminates the lease for more than half of the Office Space, resulting in PEOPLESUPPORT leasing less than 7,902.75 square meters of office space. However, notwithstanding the loss of naming rights, PEOPLESUPPORT shall be entitled to put up signs that identify its offices in the Building, subject to compliance with the restrictions in Section 1.6 and the provisions of the Contract of Lease.
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Page 6 Memorandum of Agreement-PeopleSupport Lease During the construction of the Building, PEOPLESUPPORT shall be allowed to put up signs or paint the perimeter wall of the construction site with signs essentially stating "On this site will soon rise the PEOPLESUPPORT CENTER", and other relevant information like web site and mail addresses, subject to compliance with the restrictions in Section 1.6 and such other reasonable requirements as may be imposed by ALI. 1.6 RESTRICTIONS. ALI warrants that, in the construction of the Building, it shall comply with all the requirements and restrictions as embodied in: (1) the Consolidated and Revised Deed Restrictions for Ayala North, Ayala South, Ayala Triangle, Roxas Triangle, Salcedo Village, Legazpi Village, Buendia Extension, Apartment Ridge (Ayala Avenue) and Apartment Ridge Extension (Makati Avenue), as may be amended from time to time; (2) Makati City Zoning Ordinance No. 2000-078, as may be amended from time to time; (3) Makati City Comprehensive Land Use Plan, as may be amended from time to time; and (4) the National Building Code of the Philippines, as the same may be amended from time to time. PEOPLESUPPORT warrants that it shall comply with the requirements and restrictions, relating to the use and operation of the Leased Premises, as embodied in: (1) the Consolidated and Revised Deed Restrictions for Ayala North, Ayala South, Ayala Triangle, Roxas Triangle, Salcedo Village, Legazpi Village, Buendia Extension, Apartment Ridge (Ayala Avenue) and Apartment Ridge Extension (Makati Avenue), as may be amended from time to time; (2) Makati City Zoning Ordinance No. 2000-078, as may be amended from time to time; (3) Makati City Comprehensive Land Use Plan, as may be amended from time to time; and (4) the National Building Code of the Philippines, as the same may be amended from time to time. SECTION 2 LEASE OF THE OFFICE SPACE 2.1 LEASE TERM. The lease shall commence on August 1, 2005, unless another date is mutually agreed upon by the Parties, (the "LEASE COMMENCEMENT DATE"), and shall terminate on July 31, 2015, unless otherwise extended in accordance with Section 2.4 (the "LEASE TERM"). 2.2 APPROVALS. Prior to February 1, 2005, ALI shall obtain the approvals for the accreditation by the Philippine Economic Zone Authority (PEZA) of the Building as an "information technology (IT) building".
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2.3 CONTRACT OF LEASE. On or before January 15, 2005, ALI and PEOPLESUPPORT shall execute the Contract of Lease which shall include the following terms: Page 7 Memorandum of Agreement-PeopleSupport Lease (a) The Lease Term shall be for a period of ten (10) years, commencing on August 1, 2005, and ending on July 31, 2015, unless otherwise extended by the Parties in accordance with the principles and terms set forth in this MOA. (b) PEOPLESUPPORT shall lease the Office Space, consisting of 15,102.50 square meters of leasable office space in the Building, broken down as follows at the following monthly rental rates for the first year of the Lease Term:
Monthly lease rate Location Area per square meter ------------------------------------------------------------------------------Ground Floor 1,157.00 square meters [Php] 550.00 Third Floor 4,648.50 square meters [Php] 400.00 Fourth Floor 4,648.50 square meters [Php] 400.00 Fifth Floor 4,648.50 square meters [Php] 400.00
In consideration of its lease of the Office Space, PEOPLESUPPORT shall pay a total monthly rental of [Php]6,214,550.00 for the period from the Lease Commencement up to the day prior to the first anniversary of the Lease Commencement Date. The rent shall be liquidated and paid in the manner provided in the Contract of Lease. (c) The rental rate for the succeeding four (4) years shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase ------------------------------------------------------------------------------------From To ------------------------------------------------------------------------------------Year 2 First anniversary of the Day prior to second 5% Lease Commencement Date anniversary of the Lease Commencement Date Year 3 Second anniversary of the Day prior to third Lease Commencement Date anniversary of the Lease Commencement Date 5%
Year 4 Third anniversary of the Day prior to fourth 9% Lease Commencement Date anniversary of the Lease Commencement Date
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The monthly rent due for the year commencing on the fifth anniversary of the Lease Commencement Date up to the day prior to the sixth anniversary of the Lease Commencement Date shall be computed as follows: (i) in the event that the then prevailing monthly market rental rate (computed per square meter) of office units at the Makati Stock Exchange Building is higher than the then prevailing monthly rental rate (computed per square meter) of the Office Space, the monthly rent at year 6 shall be equal to the lower of: (1) the then Page 8 Memorandum of Agreement-PeopleSupport Lease prevailing monthly market lease rate of office spaces at the Makati Stock Exchange Building; or (2) the amount which is equal to the then prevailing monthly lease rate for the Office Space plus ten percent (10%) thereof; or (ii) in the event that the then prevailing monthly market rental rate (computed per square meter) of office units at the Makati Stock Exchange Building is lower than the then prevailing monthly rental rate (computed per square meter) of the Office Space, the monthly rent shall be the higher of: (1) the then prevailing monthly market lease rate of office spaces at the Makati Stock Exchange Building; or (2) the amount which is equal to the then prevailing lease rate for the Leased Premises less ten percent (10%) thereof. For this purpose, not later than sixty (60) days prior to the fifth anniversary of the Lease Commencement Date, the Parties shall appoint a mutually acceptable independent property consultant to determine the prevailing market lease rate of office spaces at the Makati Stock Exchange Building. The monthly rental rate for the remainder of the Lease Term shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase ---------------------------------------------------------------------------------------From To ---------------------------------------------------------------------------------------Year 7 Sixth anniversary of the Day prior to the seventh Lease Commencement Date anniversary of the Lease Commencement Date Year 8 Seventh anniversary of the Day prior to the eight Lease Commencement Date anniversary of the Lease Commencement Date
5%
5%
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Year 9 Eighth anniversary of the Day prior to the ninth Lease Commencement Date anniversary of the Lease Commencement Date Year 10 Ninth anniversary of the Lease Commencement Date Expiration of the Lease Term
9%
9%
(d) For the duration of the Lease Term, PEOPLESUPPORT shall be allowed to utilize the ground floor lobby (with an area of approximately 247.5 square meters) and the storage space at the 2nd floor (with an area of approximately 168.91 square meters), of the Building; provided, however, that in the event of pre-termination by PEOPLESUPPORT of the lease of the Office Space on the ground floor of the Building, PEOPLESUPPORT shall no longer be allowed to utilize the ground floor lobby and the storage space. No additional rent shall be chargeable for the use of such space. (e) For the duration of the Lease Term, PEOPLESUPPORT shall lease the Office Parking Slots designated in Annex B (the Office Space and the Office Parking Slots are collectively referred, to as the "LEASED Page 9 Memorandum of Agreement-PeopleSupport Lease PREMISES"). In consideration of its lease of the Office Parking Slots, PEOPLESUPPORT shall pay a monthly rental of [Php]1,900.00 for each parking slot per month, or an aggregate amount of [Php]279,300.00 per month during the first year of the Lease Term. The monthly rental for the Office Parking Slots shall be paid and liquidated in the same manner as the monthly rental for the Office Space as provided in the Contract of Lease. The monthly rental rate herein stated shall be subject to an annual escalation at the rate of 5%. (f) Beginning on the Lease Commencement Date, and in addition to the payment of rental and other amounts due under the Contract of Lease, PEOPLESUPPORT shall pay to ALI on or before the date specified in the statement of account, the monthly common area charges, which shall be at a monthly rate based on the area of the Office Space. The common area charges for the first year of the Lease Term shall be [Php]68.00 per square meter of the Office Space per month. The rate or the amount of common area charges shall be increased annually at the rate of 9% per annum over the current monthly rate of common area charges. (g) Beginning on Lease Commencement Date, the LESSEE shall pay for the cost of water consumption in the Leased Premises and in the comfort rooms in the Building
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designated for the exclusive use of PEOPLESUPPORT, its clients, guests, customers or employees (i.e., the comfort rooms in the ground, second, third, fourth and fifth floors) at a monthly rate per square meter of the Leased Premises as provided in the Contract of Lease. (h) PEOPLESUPPORT shall pay and discharge all charges for supplying electrical power to the Leased Premises at the same rates charged by the Manila Electric Company to its concessionaires (as may be adjusted from time to time) based on the number of kilowatts consumed by the Leased Premises as evidenced by the sub-meter separately provided by PEOPLESUPPORT for electric consumption within the Leased Premises. Billings for electric consumption shall be sent to PEOPLESUPPORT on a monthly basis. (i) PEOPLESUPPORT shall reimburse ALI for the actual out-of-pocket cost of providing additional pest control services for the Leased Premises when such services may be warranted in ALI's opinion; provided, that the need for such additional pest control services is not attributable to the acts or omissions of persons other than PEOPLESUPPORT, its employees, agents, representatives, customers, clients and guests (j) PEOPLESUPPORT shall pay and discharge all charges for supplying emergency power to the Leased Premises, the need for which arises due to occurrences beyond ALI's control, at a reasonable rate to be determined by ALI. Such rate may be adjusted as and when the cost of diesel fuel increases. Billings and all supporting records of Page 10 Memorandum of Agreement-PeopleSupport Lease emergency power consumption shall be sent to PEOPLESUPPORT on a monthly basis. (k) PEOPLESUPPORT shall pay and discharge all deposits and charges for telephone, facsimile, telecommunications and other public services or utilities consumed or supplied to the Leased Premises; provided that with respect to the public utilities and services covered by the previous sections, the liability of PEOPLESUPPORT with respect to the supply and consumption of these services shall be respectively governed by these sections or by the Contract of Lease. (l) Beginning on Lease Commencement Date, PEOPLESUPPORT shall be responsible for the maintenance and cleaning of all the restrooms located in the ground, second, third, fourth, and fifth floors of the Building, which are exclusively dedicated to the use of PEOPLESUPPORT, its employees, representatives, agents and guests. For this purpose, PEOPLESUPPORT shall require the regular cleaning thereof at least four (4)
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times for every regular eight (8) hour shifts; and shall maintain the finish of the walls, normal wear and tear excepted. (m) On or before the due dates specified in this MOA and in the Contract of Lease, PEOPLESUPPORT shall pay advance rent in the amount of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots for the first year of the Lease Term. The amount of advance rental shall at all times be maintained at an amount equivalent to three (3) months' rent at the prevailing rates, and shall be increased correspondingly as the rental rates increase. This payment shall be applied against the rent due for the last three (3) months of the Lease Term. (n) On or before the due dates specified in this MOA and in the Contract of Lease, PEOPLESUPPORT shall provide ALI with a security deposit to be paid in cash or in check in an amount equivalent to three (3) months' rental for the Leased Premises to answer and stand as security for the proper and due performance of all of PEOPLESUPPORT's obligations under the Contract of Lease (the "SECURITY DEPOSIT"). The Security Deposit shall be in the amount of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots for the duration of the lease. The Security Deposit shall remain fixed and shall not be subject to escalation for the duration of the Lease Term. The Security Deposit shall be returned to PEOPLESUPPORT, without interest, within two (2) months from the date PEOPLESUPPORT has completely and satisfactorily vacated and delivered the Leased Premises to ALI, less whatever amounts PEOPLESUPPORT may owe ALI or which ALI may apply against the Security Deposit as provided under the Contract of Lease. ALI shall, notwithstanding the return of the Leased Premises to ALI by PEOPLESUPPORT, have the right to withhold any portion of the Security Deposit until ALI shall have Page 11 Memorandum of Agreement-PeopleSupport Lease received statements of account from utility companies supplying telephone, water, electric power or public utility services to the Leased Premises, covering the period ending on the date PEOPLESUPPORT shall have completely vacated and delivered the Leased Premises to ALI. The amount withheld shall answer for the payment of such statements of account and the balance thereof remaining with ALI, after such payment, shall be returned to PEOPLESUPPORT without interest. Likewise, should PEOPLESUPPORT have any other obligation which remains due and unpaid under any other contract with ALI, ALI shall have the right to apply the amount of these unpaid
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obligations against the Security Deposit in settlement thereto upon the termination of the lease. The Security Deposit shall be forfeited in favor of ALI upon the occurrence of the events enumerated in the Contract of Lease for the forfeiture of the additional security. (o) Beginning on the Lease Commencement Date, and in addition to the payment of rental and other amounts due hereunder, PEOPLESUPPORT shall pay to ALI the cost of providing air-conditioning for the Office Space. The air-conditioning charges shall be at a monthly rate per square meter of the leasable area occupied by the Office Space. For the first year of the lease, PEOPLESUPPORT shall be liable to pay air-conditioning charges in the amount of [Php]98.00 per square meter of the Office Space per month. The rate or the amount of air-conditioning charges shall be increased periodically by either (i) an increase in utility/service charges imposed by the Manila Electric Company or any successor company or service agency responsible for providing or supplying the utility or service to the Leased Premises, or (ii) annually at the rate of 5% per annum over the current monthly rate of airconditioning charges, whichever amount is higher. It is agreed that ALI shall provide PEOPLESUPPORT with the option to shut off the air-conditioning per floor depending on the demands of PEOPLESUPPORT; provided that PEOPLESUPPORT shall give prior notice to ALI of the need to shut off the airconditioning. The Office Space shall be supplied with air-conditioning 24 hours a day, seven (7) days a week with a maximum air-conditioning system capacity of 940 tons of refrigeration; provided that, in compliance with PEOPLESUPPORT's requirements, the airconditioning system shall be running at 79% capacity, which is equivalent to 743 tons of refrigeration ("TR"), from 8 a.m. of any day to 6 p.m. of the same day. (p) PEOPLESUPPORT may sub-lease all or any part of the Leased Premises; provided that, prior to entering into any sub-lease arrangement, PEOPLESUPPORT shall obtain ALI's prior written consent, which consent shall not be unreasonably withheld or delayed, for such sub-lessee and for the terms and conditions for such sub-lease; provided further that, the contract of sub-lease shall be subject to all Page 12 Memorandum of Agreement-PeopleSupport Lease the terms and conditions of the Contract of Lease and PEOPLESUPPORT shall remain responsible for complying with and ensuring the sub-lessee's compliance with the terms of the Contract of Lease. In no case shall the use or occupancy of the Leased Premises or any area covered by the sub-lease contract be contrary to the use and
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occupancy of the Leased Premises as required by the Contract of Lease, nor shall any undertaking of any sub-lessee under a sub-lease contract impair or be detrimental to the exercise by ALI of any of its rights under the Contract of Lease. ALI reserves the right to determine the need to execute, and once such determination has been made, PEOPLESUPPORT shall so ensure the execution of, a tripartite agreement among ALI, PEOPLESUPPORT and the sub-lessee under which the sub-lessee shall have direct rental obligations to ALI. ALI shall also determine the direct rental to be paid to ALI by a sub-lessee and shall have the option to require that the rent due from the sublessee be based on the same rates applied to PEOPLESUPPORT or be determined on the same basis specified hereunder. PEOPLESUPPORT undertakes to inform its sublessees of all terms and conditions of the Contract of Lease, including the necessity of a tripartite agreement if so required by ALI. All sub-lease contracts shall contain a reference to and shall not be inconsistent with the Contract of Lease. Moreover, PEOPLESUPPORT shall stipulate in all of its sub-lease contracts the right of ALI to require PEOPLESUPPORT to cancel the sub-lease and/or tripartite agreement without need of any court action in the event of breach of the terms and conditions of the sub-lease and Contract of Lease. PEOPLESUPPORT shall have the right to sub-lease any portion of the Leased Premises to any of its affiliate companies without need for obtaining ALI's written consent; provided that, prior written notice is given to ALI of such sub-lease arrangement; provided further that, all other terms and conditions as provided in the immediately preceding paragraph shall apply to the sub-lease to PEOPLESUPPORT's affiliate company. In addition, PEOPLESUPPORT shall have the right to allow the use, by any affiliate company of PEOPLESUPPORT, of the Leased Premises without need for the Parties to enter into a sub-lease arrangement; provided that, prior written notice is given to ALI of such intent to allow use by PEOPLESUPPORT's affiliate company. For this purpose, "affiliate" means any corporation, partnership or other form of association which is (i) owned or Controlled, directly or indirectly, by PEOPLESUPPORT, or (ii) directly or indirectly Controlling PEOPLESUPPORT, or (iii) Controlled by or under Common Control, directly or indirectly, with PEOPLESUPPORT. In turn, "Control" (including with correlative meanings, the terms "Controlling", "Controlled by" and "under Common Control") means the power to direct or cause the direction of the management and policies of any corporation, partnership or other form of association, Page 13 Memorandum of Agreement-PeopleSupport Lease
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whether through the ownership of voting stock or by contract or otherwise. (q) The provisions of this MOA governing the option to extend the Lease Term under Section 2.4 shall be adopted in the Contract of Lease. (r) In no event shall PEOPLESUPPORT pre-terminate the lease for the period from the Lease Commencement Date up to the day prior to the third anniversary of the Lease Commencement Date. Commencing on the third anniversary of the Lease Commencement Date, PEOPLESUPPORT may pre-terminate the lease subject to the occurrence of all of the following conditions: 1. PEOPLESUPPORT shall provide ALI a written notice of pre-termination at least nine (9) months prior to the effective date of termination; 2. PEOPLESUPPORT shall be liable for a penalty in an amount equivalent to three (3) months' rent based on the prevailing rate; 3. Prior to the pre-termination of the lease, PEOPLESUPPORT shall have vacated all of the other spaces leased by PEOPLESUPPORT in Metro Manila; and 4. PEOPLESUPPORT shall not enter into any new leases in Metro Manila within a period of one (1) year after the effective date of pre-termination of the lease; provided that, PEOPLESUPPORT may only enter into a new lease in Metro Manila within the said period in the event that there is no available office space for lease in the Building. Starting with the 6th year of the Lease Term, PEOPLESUPPORT may pre-terminate the lease subject to the occurrence of all of the following conditions: 1. PEOPLESUPPORT shall provide ALI a written notice of pre-termination at least six (6) months prior to the effective date of termination; and 2. PEOPLESUPPORT shall be liable for a penalty in an amount equivalent to three (3) months' rent based on the prevailing rate. In the event that the Parties agree to an extension of the lease term, PEOPLESUPPORT may pre-terminate the lease at any time during the Page 14 Memorandum of Agreement-PeopleSupport Lease
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extended Lease Term by providing ALI a written notice of pre-teimination at least six (6) months prior to the effective date of termination of the Contract of Lease. ALI shall likewise have the right to pre-terminate the lease during the extended Lease Term by providing PEOPLESUPPORT written notice of pre-termination at least twenty four (24) months prior to the effective date of termination, only on the following grounds: (1) ALI shall decide to demolish the Building (or any portion thereof) and establish a new structure on the Site, or (2) ALI shall decide to sell the Site; provided that, in the event that ALI shall have obtained a firm offer to buy the Site from a third party, PEOPLESUPPORT shall be given the right of first refusal on the same; provided further, that, the terms of the right of first refusal shall be agreed upon by the Parties. In the event that ALI is not able to sell the Site before the effective date of termination of the Contract of Lease, the Parties shall discuss and negotiate on the possibility of extending the lease further on a year-to-year basis, subject to the same terms and conditions as the Contract of Lease. In the event of pre-termination by PEOPLESUPPORT of the lease over the Office Space or a portion thereof, ALI shall be free to lease the Office Space or any portion thereof the lease of which has been vacated by PEOPLESUPPORT to any prospective tenant, provided however, that in the event that PEOPLESUPPORT shall pre-terminate the lease over only a portion of the Office Space, ALI shall not lease the portion vacated by PEOPLESUPPORT to those enumerated in the list attached hereto as ANNEX C while PEOPLESUPPORT continues to occupy any portion of the Office Space as tenant. It is understood by the Parties that the list in Annex C may be updated or amended by PEOPLESUPPORT from time to time, by providing prior written notice to ALI of any such update or amendment. In the event of pre-termination by PEOPLESUPPORT of the Contract of Lease over the entire Office Space, ALI shall be free to lease the Office Space to any prospective tenant, without any prohibition. (s) Notwithstanding the provision on pre-termination in Section 2.3(r) above, commencing on the third anniversary of the Lease Commencement Date, in the event of a downturn in the operation of PEOPLESUPPORT, it shall be entitled to partially reduce the area of the Leased Premises by floors subject to the same conditions as specified in Section 2.3 (r), second paragraph, governing the pre-termination of the lease commencing from the third anniversary of the Contract of Lease. (t) If the Leased Premises are totally destroyed or rendered totally unfit for the use intended by PEOPLESUPPORT, without any fault or omission of PEOPLESUPPORT, then either Party shall have the right to rescind this Contract of Lease by written notice sent to the other parry without need of any judicial action, and all deposits and rentals paid for the unexpired portion of the lease shall be returned to PEOPLESUPPORT within a reasonable period, without interest.
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Page 15 Memorandum of Agreement-PeopleSupport Lease In the event of a partial destruction of the Leased Premises, as mutually determined by the Parties, PEOPLESUPPORT may choose between a proportional reduction of the rent and the termination of the Contract of Lease. It shall be the duty of ALI to repair at its expense, within a reasonable time as agreed upon by the Parties, any damage to the Leased Premises arising without the fault or omission of PEOPLESUPPORT, and to render the same fit for the use intended by PEOPLESUPPORT. 2.4 OPTION TO EXTEND LEASE TERM. At the beginning of the ninth year of the Lease Term, ALI shall inform PEOPLESUPPORT in writing of whether or not it shall grant PEOPLESUPPORT the option to extend the Lease Term for another period of five (5) years. In turn, if PEOPLESUPPORT is granted the option to extend the Lease Term, PEOPLESUPPORT shall inform ALI in writing not less than six (6) months before the end of the initial Lease Term whether or not PEOPLESUPPORT shall exercise its option to extend the Lease Term by another period of five (5) years; provided that, any extension of the Lease Term shall be under the same terms and conditions as the Contract of Lease. In the event that the Parties agree to extend the Lease Term for another period of five (5) years, the Parties shall conduct a rent review to determine the monthly rent due for the first year of the renewed term; provided that the rent due for the first year of the renewed term shall be based on the average prevailing market lease rate of comparable ALI-owned buildings in Makati (e.g. Makati Stock Exchange Building); provided further that any increase or decrease in the rent due for the first year of the renewed term shall not exceed 10% of the rent in the last year of the Lease Term; provided further that the rental rate for the next four years of the renewed term shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase -------------------------------------------------------------------------------------From To -------------------------------------------------------------------------------------Year 12 Eleventh anniversary of the Day prior to the twelfth Lease Commencement Date anniversary of the Lease Commencement Date Year 13 Twelfth anniversary of the Day prior to the thirteenth Lease Commencement Date anniversary of the Lease Commencement Date
5%
5%
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9%
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Memorandum of Agreement-PeopleSupport Lease However, in the event that the monthly rent due for the last year of the Lease Term based on the escalation rates herein specified is higher by more than ten percent (10%) than the prevailing market monthly lease rate of comparable ALI-owned buildings in Makati (e.g. Makati Stock Exchange), as determined by an third-party property consultant acceptable to both Parties, then the monthly rental rates for the extended Lease Term shall be adjusted as follows:
Period Covered Rate Adjustment -------------------------------------------------------------------------------------From To -------------------------------------------------------------------------------------Year 11 Tenth anniversary of the Day prior to the Decrease by Lease Commencement Date eleventh anniversary of 10% the Lease Commencement Date Year 12 Eleventh anniversary of the Day prior to the Lease Commencement Date twelfth anniversary of the Lease Commencement Date Decrease by 5%
Year 13 Twelfth anniversary of the Day prior to the Increase by Lease Commencement Date thirteenth anniversary 5% of the Lease Commencement Date Year 14 Thirteenth anniversary of the Day prior to the Lease Commencement Date fourteenth anniversary of the Lease Commencement Date Year 15 Fourteenth anniversary of Expiration of the Lease the Lease Commencement Term 9% Date Increase by 9%
Increase by
2.5 PAYMENTS. PEOPLESUPPORT shall pay ALI the following amounts on the dates specified herein: (a) The advance rent in an amount equivalent to three (3) months' rent for both the Office Space and the Office Parking Slots, based on the monthly rental rates prevailing for the first year of the Lease Term, in the aggregate amounts of
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[Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots, shall be paid in three equal installments as follows: 1. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid through a manager's check within seven (7) days from the signing of this MOA; 2. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid upon the start of construction of the Building which shall be the date of groundbreaking; provided that ALI shall notify PEOPLESUPPORT in writing of the date of Page 17 Memorandum of Agreement-PeopleSupport Lease groundbreaking and the due date for payment of the second installment on the advance rental; and 3. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid in September 2004 or six (6) months from the start of construction, whichever is earlier; provided that ALI shall notify PEOPLESUPPORT in writing of the date on which the third installment on the advance rental shall be due. The aggregate amount of the foregoing payments shall be applied as rent for the last three (3) months of the Lease Term. The amount of advance rental shall at all times be maintained at an amount equivalent to three (3) months' rent at the prevailing rates, and shall be increased correspondingly as the rental rates increase. (b) The Security Deposit in an amount equivalent to three (3) months' rent for both the Office Space and the Office Parking Slot, based on the monthly rental rates prevailing for the first year of the Lease Term, in the aggregate amounts of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots, shall be paid in three (3) equal installments as follows: 1. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid upon turn-over of possession of the Office Space but in no case earlier than April 15, 2005; 2. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid on May 15, 2005; and
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3. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid on June 15, 2005. The Security Deposit shall remain fixed and shall not be subject to escalation for the duration of the Lease Term. SECTION 3 TERMINATION 3.1 FAILURE TO COMPLETE CONSTRUCTION. In the event that ALI is unable to complete the construction of the Building and turn over the Office Space to PEOPLESUPPORT by April 15, 2005 due to causes directly attributable to ALI or its designated Contractor (which shall, for the avoidance of doubt, exclude events constituting force majeure, acts of government and other events occurring during construction which are beyond the control of ALI, or events not due to ALI's acts which cause the non-compliance by ALI of its undertakings), PEOPLESUPPORT shall have the right either to compel the Page 18 Memorandum of Agreement-PeopleSupport Lease performance by ALI to complete the construction of the Building or, upon prior written notice to ALI, rescind this MOA and the Contract Of Lease. In case of rescission of this MOA and the Contract of Lease to be entered into by the Parties, by PEOPLESUPPORT, ALI shall have the obligation to return to PEOPLESUPPORT any and all payments made by PEOPLESUPPORT to ALI as of the date of rescission, without interest. The foregoing paragraph and the right of PEOPLESUPPORT to rescind this MOA and the Contract of Lease due to ALI's failure to complete the construction of the Building by April 15, 2005 shall only apply when all of the following conditions are met: (1) the Parties have agreed upon, finalized and signed off on the project brief, user's requirements and building design criteria not later than December 31, 2003; and (2) the Parties have agreed upon, finalized and signed off on the design development plans and specifications not later than February 15, 2004. In the event that PEOPLESUPPORT shall exercise its right to compel the performance by ALI to complete the construction of the Building, the effectivity date of the lease and the Lease Commencement Date shall be deferred to a date agreed upon by the Parties. In addition to the foregoing rights of PEOPLESUPPORT to seek a rescission of the MOA and the Contract of Lease or to require specific performance by ALI to complete the
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construction of the Building, PEOPLESUPPORT shall be entitled to damages from ALI. It is agreed that the liability of ALI for damages shall be limited to the payment by ALI of the following amounts, at the option of ALI: (a) The difference between the monthly rent agreed upon by the Parties herein and the monthly rent actually paid by PEOPLESUPPORT, both to be computed for the period commencing on August 1, 2005 and ending on the date on which PEOPLESUPPORT shall have completed the tenant fit-out on the Office Space as provided in Section 1.3, subject to the following conditions: (i) ALI shall only be liable for such rate differential for a period not exceeding six (6) months; (ii) ALI shall only be liable for an amount not exceeding [Php]4,637,290.50 per month; and (iii) In any event, ALI's liability shall be limited to [Php]27,823,743.00. (b) To provide PEOPLESUPPORT with office space in a building of similar class to the Building, in a location within Makati City, with an area as may be required by PEOPLESUPPORT at that time, which PEOPLESUPPORT may lease temporarily, subject to such terms and conditions as may be agreed upon by the Parties, provided that, in no event shall ALI be liable to pay or assume rent and other charges for such office space for more than [Php]4,637,290.50 per month for a period Page 19 Memorandum of Agreement-PeopleSupport Lease not exceeding six (6) months or a maximum total amount of [Php]27,823,743.00. In the event that ALI shall opt to provide PEOPLESUPPORT with a substitute office space for temporary lease, the following conditions shall apply: (i) The temporary office space shall have an area as may be required by PEOPLESUPPORT at that time; (ii) PEOPLESUPPORT may lease and occupy the temporary office space for the period commencing on August 1, 2005 and ending on the date on which PEOPLESUPPORT shall have completed the fit-out of the Office Space in the Building, as provided in Section 1.3 hereof;
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(iii) ALI and PEOPLESUPPORT shall jointly execute a contract of lease for the temporary lease of this office space with the relevant lessor; and (iv) ALI's liability shall be limited to a maximum total amount of [Php]27,823,743.00 or [Php]4,637,290.50 per month for a period not exceeding six (6) months. At least six (6) months before February 1, 2005, ALI shall notify PEOPLESUPPORT in writing as to whether or not it shall be able to complete the construction of the Building by April 15, 2005. It is further agreed by the Parties that such limited liability shall only apply to instances of failure to deliver the Building or the Leased Premises that are not intentional. However, if it is proven that such failure to deliver is intentional, ALI shall be liable for all actual and consequent damages that PEOPLESUPPORT shall actually incur. 3.2 NON-COMPLIANCE WITH UNDERTAKINGS. The failure by PEOPLESUPPORT to perform any of its undertakings under this MOA (other than due to force majeure or events not due to PEOPLESUPPORT's acts or fault, or due to events beyond the control of PEOPLESUPPORT) ALI shall have the right, upon prior written notice to PEOPLESUPPORT, to rescind this Agreement. In case of rescission of this Agreement by ALI, ALI shall forfeit in its favor all payments made by PEOPLESUPPORT as of the date of rescission, including the advance rental and Security Deposit. SECTION 4 MISCELLANEOUS PROVISIONS 4.1 GOVERNING LAW AND VENUE OF SUIT. This MOA and the rights and obligations of the Parties shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any and all actions or suits Page 20 Memorandum of Agreement-PeopleSupport Lease in connection with or arising from this MOA shall be filed with or instituted in the proper court of Makati City, Metro Manila. 4.2 NOTICES. Notices to either Party shall be sent to the Party's address as provided in the recitals of this Memorandum of Agreement, and to the attention of the persons representing such Party in this Memorandum of Agreement. IN WITNESS WHEREOF, the parties have signed these presents on the date and in the place first above written.
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CITY ORDINANCE NO. 2003-101 Authors: Councilors L.G. Siaron, R.S. Javier, D.A. Jacome, S.D. Pangilinan, J.E.S. Binay, Jr., I.S. Cruzado, F.T. Eusebio, E.S. Gonzales, F.Z. Lichauco, C.P. Mercado, N.S. Pasia, A.C. Pimentel, E.V. Tolentino, Jr. and J.S. Wilson AN ORDINANCE IMPOSING ZONING CHARGE AND ZONING BOND FOR ALL BUILDINGS WITH OUTSTANDING VIOLATION/S OF THE TERMS AND CONDITIONS OF THEIR BUILDING AND/OR OCCUPANCY PERMIT ISSUED PRIOR TO THE ENACTMENT OF THE MAKATI ZONING ORDINANCE, SUBJECT TO ALL LAWS AND EXISTING LEGAL RULES AND REGULATIONSWHEREAS, pursuant to its mandate, the Makati City Zoning Board of Adjustment and Appeals (MCZBAA), through Board Resolution No. B-03-005 (copy attached), has recommended the imposition of Zoning Charge and Zoning Bond for all buildings which have outstanding violation/s of the terms and conditions of their building/occupancy permit issued prior to the enactment of the Makati Zoning Ordinance; WHEREAS, the imposition of Zoning Charge and Zoning Bond shall guarantee compliance and/or cover demolition expense in case of non-conformance with the Zoning Ordinance after the expiration of the moratorium period; WHEREAS, the MCZBAA has decided to endorse to the Sangguniang Panlungsod the enactment of this ordinance in order to grant the appeal of the property owners/developers that they be given sufficient time or moratorium to conform to the Zoning Ordinance.
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Amendments to the Makati City Zoning Ordinance ANNEX-1 AMENDMENTS TO THE MAKATI CITY ZONING ORDINANCE Section 1. Article III, Section 6 (6) is hereby deleted and items 7 and 8 are renumbered as 6 and 7 accordingly. Section 2. The phrase composed of R-2A and R-2B subzones in Article IV, Section 7 (1) (b) is hereby deleted. Section 3. The phrase R-3D and R-3E subzones in Article IV, Section 7 (1) (c) is hereby deleted. Section 4. The word C-1C in Article IV, Section 7 (2) (a) is hereby deleted. Section 5. The phrase C-3E, C-3F, C-3G and C-3H in Article IV, Section 7 (2) (c) is hereby deleted. Section 6. Article IV, Section 7 is hereby amended to include Planned Unit Development (PUD) and Special Mixed Use Zone (SMU) to read as follows: Section 7. xxx 10. Planned Unit Development Zone (PUD) 11. Special Mixed Use Zone (SMU) Section 7. Article IV, Section 8 is hereby amended to read as follows: Section 8: Zoning Map. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Map for Makati City, wherein the designation, location, and boundaries of the zones and subzones herein established are shown and indicated. Such Official Zoning Map shall be signed by the City Mayor and duly authenticated by the HLURB/Sangguniang Panlungsod. The Official Zoning Map has five (5) components: 1. Makati City Zoning Map, As Amended 2. Makati City Commercial Subzone Map, As Amended 3. Makati City Residential Subzone Map, As Amended
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exceed the sum of the maximum allowable GFA of each lot. Section 9. There is hereby added sentence in Article V, Section 11 (3) to read as follows: 3. An Accessory Use shall be allowed only with the presence of a Principal Use in the same lot. In no case shall Accessory Use/s occupy more than forty-five (45%) of the Gross Floor Area of the structure located in the same lot including open yard if used for commercial purpose. Section 10. Article V, Section 14 is hereby amended to read as follows: SECTION 14. Low Density Residential Zone (R-1). An R-1 zone shall be used principally for single detached dwellings with customary ancillary uses, and
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Section 14. The sub-item a. R-2A under Article V, Section 15 (1) is hereby deleted and items i xiii under it are relabeled as a m accordingly. Section 15. Identification of location of lots mentioned in Article V, Section 15(1) (b) is hereby added to read as follows: b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in the following lots: Lots 1-E and 1-F, (LRC) Psd-70463 (Barangay Guadalupe Viejo) Block 2, Psd-8851(Barangay Poblacion) Block 6, Lots 13, 14, 15, 34, 35, (LRC) Psd-8555 and Lot 36-A (portion of Lot 36), Block 6, (LRC) Psd-8555 (Barangay Poblacion) Lots 2 and 3, (LRC) Pcs-6928 (Barangay Valenzuela) Block 6, Lot 1, 2, 3, 22, 23, (LRC) Pcs-1514 and Lot 24-B (portion
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Section 40. The phrase C-1C in Article V, Section 17 (3) is hereby renamed to C-1B. Section 41. The phrase C-1C in Article V, Section 17 (4) is hereby renamed to C-1B. Section 42. Article V, Section 17 (5) is hereby amended to read as follows:
4. Conditional C-1A Classification in Guadalupe Viejo Area: The southwest portion of the R-2 zone bounded by C-1A lot (north), Camia Street (east), Gumamela Street (south), and Estrella Street (west) shall be classified as a C-1A subzone subject to the following conditions: a. Estrella Street is widened by minimum of two lanes (one each side) from Gumamela Street up to J.P. Rizal Avenue; b. An environmental impact study of the classification of the R-2 lots into C-1A lots shall be conducted by a reputable consulting firm/s. Such study should include an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues, and the identification of appropriate mitigation measures such as restriction/regulation of lot access from Estrella Street, additional road widening, protection of existing trees, creation of appropriate buffer zones with adjacent residential lots, and specific land use controls; and c. The results and recommendations of the study shall be used as a
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5. Conditional C-1A Classification in Barangays Cembo, West Rembo and East Rembo: Lot-deep along Kalayaan Avenue shall be classified as a C-1A subzone subject to the following conditions: a. Lot shall have a minimum lot size of 300 sqm; b. It shall have a minimum frontage to Kalayaan Avenue of twelve (12) meters to provide for internal circulation within the lot; and c. Dropped curb (mountable sidewalk) parking slots that are directly accessed from Kalayaan Ave. without entering an internal driveway shall not be permitted. Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained. 6. Conditional C-1A Classification in Barangays Singkamas and Tejeros: Lot-deep along J.P. Rizal Ave. from P. Varona St. on the northeast side and from PasongTirad on the southwest side to Makati-Manila boundary shall be classified as a C-1A subzone if lots shall have a minimum setback of two (2) meters from J.P. Rizal. Non-compliance with these conditions means that the R-2 zone
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Section 52. There are hereby added new items in Article V, Section 19 to read as follows:
3. Conditional C-3A Classification in Poblacion: Lot 41-A-1-A-5-1-A-2A-1, (LRC) Psd-7499, Lot 41-A-1-A-1, Psd-6655, Lot C-1, (LRC) Psd7498 and Lot 42-A, Psd-370 (formerly IS site) subject to the provisions as contained in City Ordinance 2006-046. 4. Conditional C-3B Classification in Pio del Pilar: The corner lots at Dela Rosa St., Javier St. and Arnaiz Ave. at the western side of Chino Roces Ave. shall be classified as a C-3B subzone subject to the following conditions: a. A C-3B lot shall have a minimum lot size of 1,200 sq.m. with frontage along Santillan St.; b. Santillan St. and its laterals are widened by a minimum of 2.5 meters; c. Additional requirements shall be submitted such as environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; d. Interior parking must be provided within the property. Only parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall only be on the side street or along Santillan St ; and e. A minimum of 2 service parking docks shall be required for each proposed building. Non-compliance with these conditions means that the C-3C subzone
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b. Santillan St. and its laterals are widened by a minimum of 2.5 meters; c. Lots on west side of Chino Roces shall have frontage along Santillan Street; d. Additional requirements shall be submitted such as environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; e. Interior parking must be provided within the property. Only parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall be along Santillan Street for the west lots, and along the road facing Amorsolo Street for east lots; and f. A minimum of 2 service parking docks shall be required for
each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained. 6. Conditional C-3D Classification in San Antonio Area: Blocks bounded by Malugay and Yakal Streets from Ayala Extension to Mayapis Street shall be classified as conditional C3D subject to the
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property fronting Don Chino Roces Avenue Extension, Ayala Avenue and Mayapis Street; c. Additional requirements shall be submitted such as
environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; e. f. Interior parking must be provided within the property; and A minimum of 2 service parking docks shall be required for
each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained. Section 53. There is hereby inserted item in Section 20(1)(b) to read as follows: b. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE/ Amendments to the Makati City Zoning Ordinance Page 10 of 26 PAWNSHOP/ ONE-STOP PAYMENT SHOP Section 54. Article V, Section 20 (2) (a) is hereby amended to read as follows: a. C-4A i. HOTEL, where it shall be allowed as an additional Principal Use only in Lot 1, (LRC) Psd-293128 (Bel-Air); ii. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in Ayala Avenue/Paseo De Roxas/Makati Avenue rear lots fronting Valero Street [except Lots 1 and 2, (LRC) Pcs-13001].
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Section 56. There is hereby inserted identification of location of lots mentioned in Article V, Section 20(2)(d) to read as follows: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131 (Urdaneta); and Lot 4-B-1, Psd-00034959 (Urdaneta); ii. HOTEL, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131; (Urdaneta); and Lot 4-B1, Psd-00-034959(Urdaneta); Section 57. Article V, Section 20 (3) is hereby amended to read as follows: 3. Principal Uses which shall be the only Principal Use allowed in the following lots: a. C-4B: MEDICAL CENTER, where it shall be the only Principal Use allowed in Lot 2-A-1-A, (LRC) Psd 30865 (San Lorenzo). b. C-4E and C-4F: i. PLACE OF RELIGIOUS WORSHIP, where it shall be the only Principal Use allowed in: 1. Lot 1 Pcs-00-007739 (San Lorenzo); 2. PCN-13-000023 (Bel-Air);
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iv. PARKING/PARKING STRUCTURE, PLAYGROUND, SPORTS FIELD/COURT, GARDEN, UTILITY FACILITY, where it shall be the only Principal Use allowed in the following lots: 1. Lot 1, Psd-007602-029408-D (San Lorenzo) 2. Lot 2, Psd-007602-029408-D (San Lorenzo) 3. Lot 1, (LRC) Psd-209535 (San Lorenzo) 4. Lot 3-A, Psd-13-012797(Bel-Air) Section 58. Article V, Section 20 (4) (a) is hereby amended to read as follows: i. C-4G ii. C-4D: 1. Lots 1-A, (LRC) Psd-69269 (Urdaneta) 2. Lots 2 and 3, (LRC) Psd-26990 (Urdaneta) Section 59. Article V, Section 20(6) is hereby amended to read as follows: a. The total Gross Floor Area occupied by the additional accessory uses are
given as follows:
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GFA shall not exceed twenty percent (20%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. ii. In C-4H subzone, the total GFA shall not exceed thirty percent (30%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. b. Vehicular/service access required by these additional accessory uses is
limited to Access and Service Roads or, in the absence of frontage to such Access or Service Roads, to Side Streets or Principal Streets as defined in Annex B of the City Ordinance No. 2000-078 Ordinance. In C-4H subzone, vehicular/service access to the additional accessory uses shall be limited to Jupiter Street, Malugay Street and Metropolitan Avenue. Vehicular entrances and exits shall further comply with the provisions of Article VI, Section 35(2) of the Makati City Zoning Ordinance, As Amended. c. Improvements in parking, pedestrian, service and other facilities for public use will be required as a condition for the establishment of the accessory Amendments to the Makati City Zoning Ordinance Page 12 of 26 uses listed in Article V, Section 20 (6) in C4 lots. For the purpose of creating a fund for the above-mentioned improvements, a one-time retail permit fee is hereby imposed under the following conditions: i. The retail permit fee shall be due from and payable by: (1) every lot owner or building owner who seeks to convert the
use of the ground floor or basement of his building to retail use by allowing a new retail store seeking to sell non-food
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use of the upper floors of his building from the second floor to retail use by allowing a new retail store seeking to sell non-food items to operate in any of such upper floors; and (3) every lot owner or building owner who at the time of the approval of City Ordinance No. 2000-078 has allowed an existing retail store selling non-food items to operate in any of the floors of his building, or who at the time of the approval of the said ordinance has allowed an existing restaurant, canteen or other food-serving establishment to operate in the ground floor or basement of his building. ii. The retail permit fee shall not be required in connection with the operation of new or existing retail stores, restaurants, canteens and food-serving establishments in Hotels. iii. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clauses (1)(a) and (1)(b) hereof upon the issuance of the occupancy permit for the new retail store or new restaurant, canteen or other food-serving establishment. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clause (1)(c) hereof upon the renewal in 2001 of the business permit of the retail store, restaurant, canteen or other food-serving establishment, existing at the time of the approval of the this Ordinance. Nothing in this Ordinance shall prohibit a lot owner or building owner from shifting the obligation to pay the retail permit fee required under this Ordinance to the owner or operator
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payment of the retail permit fee in a given year in accordance with the requirements of City Ordinance No. 2000-078 shall not be liable for the payment of a retail permit fee in subsequent years. v. Beginning year 2007, the amount of Retail Permit Fee shall be
fixed at P3,000.00 per sq.m. until the next amendments to this ordinance. vi. Retail permit fees shall be deposited in a special fund which shall
be used solely to finance the improvement of parking, pedestrian, service and other facilities for public use, as may be necessary. Amendments to the Makati City Zoning Ordinance Page 13 of 26 Nothing in this Ordinance shall prohibit a lot owners association from requiring the payment of a special assessment from any member who wishes to avail himself of any of the accessory uses allowed under Article V, Section 20(6) of the Makati City Zoning Ordinance and from using these special assessments to fund improvements in parking, pedestrian, service and other facilities for public use as part of the private sector initiative. d. Existing retail stores or restaurants, canteens or other food-serving establishments, except for those in Hotels, that exceed the Retail Gross Floor Area limit specified in herein item a, exclusive of restaurants, canteens, or other food-serving establishments located at and/or above the second floor of a building, shall be considered non-conforming uses and shall be subject to the provisions of Section 53 of the zoning ordinance, as amended. Section 60. Article V, Section 20 (7) (d) is hereby amended to read as follows:
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subzone provides the right-of-way to allow for: i. construction of a full width (at least 4 lanes) road connection between Malugay and Jupiter Streets; and ii. future widening of Malugay and Jupiter Streets by a minimum of 4.5 meters; their lots within C-4H subzone will be governed by a maximum FAR of eight (8). However, the area allocated for the road connection and widening in each lot shall be included in the computation of the maximum FAR of the lot; provided that the relevant instrument allocating such area for road connection and widening is annotated on the Certificate of Title for such lot. In the case of the lot/s directly affected by the future connection of Jupiter St. to Malugay St., bonus incentives employing land readjustment scheme shall be made available which shall be determined and recommended by the Makati City Zoning Review Committee (MCZRC) to the City Council for approval. Section 61. Article V, Section 22 (2) (f) is hereby deleted and the succeeding items renumbered accordingly. Section 62. There is hereby inserted item in Section 22(2)(g) to read as follows: f. PAWNSHOP/ONE-STOP PAYMENT SHOP Section 63. Article V, Section 23 (2) (b) (vii) is hereby amended to read as follows: vii. WELLNESS CENTER Section 64. Article V, Section 25 (2) (b) (xii) is hereby amended to read as follows: xii. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE Section 65. Article V, Section 25 (2) (b) (xx) is hereby amended to read as follows: xx. WELLNESS CENTER Amendments to the Makati City Zoning Ordinance Page 14 of 26 Section 66. Article V, Section 25 (2) (b) (xxii) is hereby deleted and the rest of the
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1. Telecommunication Facilities a. Cellular mobile telephone service, paging service, trunking service, wireless local loop service shall be located only within the zone where public utility facilities are allowed; b. Base stations shall conform to the setback requirements of the National Building Code and the Department of Health (DOH); Amendments to the Makati City Zoning Ordinance Page 19 of 26 c. A perimeter fence as per specifications in the DOH Radiation Protection Evaluation Report shall be constructed to prevent access of the public to the antenna/tower and other telecommunication facilities; d. The sound maintenance of such station shall be the exclusive
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2. Crematorium a. Environmental and site analyses shall be conducted to ensure that the proposed crematorium is consistent with the adjacent land uses and will not pose hazard to the community in general; b. Proper maintenance of crematorium shall be the sole responsibility of the proponent operating it; c. Requirements set by Sanitation and Water Codes must be fully complied with; d. Proper waste disposal, odor control and other abatement procedures must be adopted; and e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 3. Columbarium a. Environmental and site analyses shall be conducted to ensure that the proposed columbarium is consistent with the adjacent land uses and will not pose hazard to the community in general;
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a. Proper waste disposal, odor control and other abatement procedures must be adopted; b. Other sanitary requirements by the City and the DOH shall be complied with; c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 5. Petrol filling station a. Petrol filling station must conform to the standards set by the Department of Energy; b. Adequate fire fighting and other safety equipment must be provided to ensure that it will not pose hazards in the area; c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 6. Surface Parking in R2 zone
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d. Such use shall not create or contribute to traffic congestion and the streets providing access to such use will be adequate to handle the traffic to be generated; e. The proponent shall obtain the formal consent of owners of lands immediately adjacent to the proposed site signifying their conformity to the proposed use; f. Other appropriate conditions regarding general circulation, operating time, use of water, and other safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 7. Auto-repair shop a. Auto repair shop may be located within R-2, C-1A, C-2, C-3, and GCZ zones/subzones only, subject to applicable conditions on dominant/accessory use; Amendments to the Makati City Zoning Ordinance Page 21 of 26 b. Such use shall not create or contribute to traffic congestion and the streets providing access to such use will be adequate to handle the traffic to be generated; c. Other appropriate conditions and safeguards to minimize
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b. Adequate fencing shall be put up to prevent undue scattering of wastes; c. The general maintenance of the MRF shall be the sole responsibility of the proponent; d. Provisions of RA 9003 (Ecological Solid Waste Management Act of 2000) and other sanitary requirements of the City and the Department of Health (DOH) shall be complied with; e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area shall be recommended by the Makati City Zoning Board of
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6.2.1 Fraud of misrepresentation as to use P 5,000.00 6.2.2 Fraud or misrepresentation as to location P 5,000.00 6.2.3 Non-disclosure or any material fact P 2,000.00
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6.4 For failing or refusing, without justifiable reason, to appear during a proceeding before the Office of the Zoning Administrator or her duly authorized officers A fine of not more than P 2,000.00. 7. Escalation Clause. Upon recommendation of the Office of the Zoning Administrator, the City Council may increase by not more than fifty percent (50%) and not often than once a year, rates prescribed in the preceding section. Section 88. The last paragraph of Article X, Section 48 is hereby deleted. Section 89. The phrase during the ten-year period specified in Section 48 in Article X, Section 49 is hereby deleted and Section 49 is hereby amended to read as follows: SECTION 54. Certificate of Non-Conformance. Subject to the requirements of Section 53 of the Makati City Zoning Ordinance, As Amended, an owner of the structure or operator of the activity shall apply for a Certificate of NonConformance within six (6) months from the ratification of this Zoning Ordinance by the HLRB or the Sangguniang Panglunsod, for the purpose of allowing such use to continue. In no case, however, shall a Locational Clearance and/or Certificate of Non-Conformance be granted or issued to legitimize or cure any breach or violation of any condition, restriction, or requirement covering the use of the lot or structure, or of building height or FAR limitation, in either case based on contracts or undertakings entered into between the owner thereof and a third party. Section 90. There are hereby added new items under Article X, Section 51 (1) to read
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Republic of the Philippines SUPREME COURT Baguio City FIRST DIVISION G.R. No. 119043 April 14, 1997 JRB REALTY, INC., petitioner, vs. COURT OF APPEALS, SECURITIES and EXCHANGE COMMISSION, MAKATI COMMERCIAL ESTATE ASSOCIATION, INC. and AYALA LAND, INC., respondents.
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As regards petitioner's claim that there were rampant irregularities in the ascertainment of the quorum at the meeting and voting, the Hearing Officer declared that it was beyond the issue agreed upon by the parties to be resolved in the case. Besides, petitioner failed to show how the alleged irregularities affected the ascertainment of the quorum and the outcome of the voting at the meeting. On 5 December 1994 respondent SEC affirmed the appealed decision. 3 On 10 January 1995 respondent Court of Appeals denied due course to the petition for review for failure to show prima facie that respondent SEC had committed errors of fact or law that would warrant a reversal or modification of the assailed decision. 4 On 14 February 1995 the motion for reconsideration was denied. 5 The issues are: (1) whether respondent court violated Sec. 14, second par., Art. VIII, of the Constitution when it refused to give due course to the petition for review and subsequently denied the motion for reconsideration; (2) whether respondent MACEA had the power to change/amend/revise the Deed Restrictions; and, (3) whether the functions of the Corporate Secretary in a stockholders/members' meeting could be performed, without his control and supervision, by another. Petitioner alleges that respondent court refused to give due course to its petition and denied reconsideration without indicating the legal basis therefor. It is clear then that subject resolutions did not comply with Sec. 14, second par., Art. VIII, of the Constitution which provides that "no petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor." Contrary to the protestation of petitioner, respondent court actually stated the legal basis for refusing to give due course to the petition thus 6
A perusal of the Petition for Review filed before Us reveals that based on the facts narrated and issues assigned vis-a-vis the assailed decision, the petition has failed to show prima facie that the
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In effect, respondent court adopted as its own the factual findings of SEC as well as the evidence and law which supported the conclusion. Notably, as contended by respondent ALI, the alleged noncompliance with the Constitutional provision is merely an afterthought because petitioner did not raise such issue in seeking reconsideration. Respondent court likewise stated the legal basis for denying the motion for reconsiderations 8 . . . The act being complained of, i.e., revision of the Deed of Restrictions, is pursuant to the general welfare clause and should not be taken as an interference with the lot owners' contracts. Besides, the MACEA should not be considered as a third party between petitioner lot owner and the developer Ayala Corporation.
A perusal of the assailed decision of the SEC dated December 5, 1994, reveals that the SEC decided the case on the basis of correct facts and the law on the matter. 9
Petitioner asserts next that respondent MACEA is without legal capacity to change/amend/revise/ the Deed Restrictions attached to the contracts of sale entered into between Ayala Corporation and the lot owners. The only power that respondent MACEA can exercise pursuant to its Amended Articles of Incorporation is to enforce theDeed Restrictions. In addition, petitioner invokes Sec. 22 of P.D. No. 957 which empowers a home/lot owners' association to give its written conformity to alterations of roads, open spaces, infrastructures and facilities but not to alter the use and occupancy of the lots. An analysis of the factual situations leads to the conclusion that petitioner's attack on the power of respondent MACEA to change/alter/revise the Deed Restrictions springs from misapprehension. As correctly articulated by the Office of the Solicitor General (OSG), respondent MACEA
. . . did not enter into a new or amendatory contract with respondent ALI, regarding the revision of the Deed Restrictions. As may be recalled, respondent ALI submitted the revision proposal to respondent MACEA obviously for purposes of expediency and facility, inasmuch as it involved not only a favored few, but of a large community of lot owners within respondent MACEA's jurisdiction. Respondent MACEA, in turn, indorsed the proposal to its members the lot owners themselves, to determine whether such proposal merited their consideration and approval, in a general membership meeting called for such purpose . . . 10
In other words, respondent MACEA's participation in the revision was merely limited to acting as an intermediary between its members on one hand and respondent ALI on the other. This being the case, it was not even necessary for public respondents to resolve the matter of whether respondent MACEA had an implied power of revision. The observation of the OSG is apt . . . (MACEA) never did exercise any such implied power. In fact, if any revision is made or done, the same is being effected principally by and between the parties to the Deed of Sale, the developer ALI and the lot owners themselves . . . .
The proposed revision of the Deed Restrictions is indisputably a matter of general concern to the members of MACEA. The fact that an overwhelming majority voted for its approval shows that it will promote the general welfare of the community. 11
Finally, petitioner questions the performance by another of the functions of the Corporate Secretary without his control and supervision in the meeting of stockholders/members. Suffice it to state that the claim was not an issue agreed upon by the parties to be resolved in the proceeding before the Hearing Officer. Section 6, Rule VIII, of the SEC Rules of Procedure allows confinement of issues
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CITY ORDINANCE NO. 2000-078 Authors: Councilors A.L. Cristal-Tenorio, F.T. Eusebio, M.L. Gonzales, O.M. Ibay, P.A. Ibay, D.A. Jacome, R.S. Javier, R.C. Medina, S.D. Pangilinan, N.S. Pasia, A.C. Pimentel, R.J. Puno, L.G. Siaron, J.S. Wilson, J.E.S. Binay, Jr. and R.F. Sese AN ORDINANCE ADOPTING ZONING REGULATIONS FOR MAKATI CITY AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH, SUBJECT TO ALL LEGAL AND EXISTING RULES AND REGULATIONS. Be it enacted by the Sangguniang Panglunsod of Makati, Metro Manila: WHEREAS, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate the planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan; WHEREAS, the Local Government Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws; 2
WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in and coordinates the activities of local governments in comprehensive land use planning; NOW THEREFORE, the Sangguniang Panglunsod of Makati, Metro Manila in a session assembled hereby adopts the following Zoning Ordinance. Article I
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2. Protect the character and stability of residential, commercial, institutional, parks and recreational spaces, and other functional areas within the locality and promote the orderly and beneficial development of the same. 3. Help ensure the continued growth of Makati as the premier business and financial center of the country in a manner that benefits the largest segment of its population.
4. Promote and protect the health, safety, peace, comfort, convenience and general welfare of inhabitants in the locality. 5. Regulate the location, use, and density of buildings and land in such a manner as to avoid unnecessary congestion and demand on utilities and services, and to enhance convenience of access to property and to safety from fire and other dangers. 6. Enhance the participation of the Citys constituents in the development of their communities. SECTION 4. General Zoning Principle. This Ordinance is based on the approved Makati Comprehensive Land Use Plan as per City Ordinance No. 2000-001 dated September 26,2000. Article III
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6. The word zone includes subzone in the interpretation and application of land use, density, and other development restrictions and prescriptions. 7. The term "shall" is always mandatory; and 8. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," designed to be "used or occupied."
Article IV ZONE CLASSIFICATIONS AND BOUNDARIES SECTION 7. Division into Zones and Subzones. To effectively carry out the objectives of this Zoning Ordinance, the City is hereby divided into the following zones and subzones as shown in the Official Zoning Map. 1. Residential Zones: a. Low Density Residential Zone (R-1) b. Medium Density Residential/Mixed Use Zone (R-2, composed of R-2A and R-2B subzones) c. High Density Residential/Mixed Use Zones (R-3, composed of R-3A, R-3B, R-3C, R-3D, and R-3E subzones) 2. Commercial Zones:
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4. Makati City Institutional, Government Center, Recreational, Riverside Development, Open Space,
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a. In Residential (R-1, R-2, R-3), Institutional (INS-1, INS-2) Government Center (GCZ), and Sports Club Recreational (REC-3) zones, the dominant use is the use that occupies the largest building Gross Floor Area in a lot, subject to exceptions stated in Section 11 (2-c); b. In Commercial (C-1, C-2, C-3, C-4) zones, the dominant use is the use that has the largest revenue raising capacity, regardless of the area of the lot that is occupied by such use, subject to exceptions stated in Section 11 (2-c); c. In lots in Residential and Commercial zones where Park, playground, sports field/court, garden is the only Principal Use allowed, the dominant use is the use that occupies the largest area of the lot. d. In all other zones, the dominant use is the use that occupies the largest area of the lot.
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vi. PRE-SCHOOL, KINDERGARTEN SCHOOL, ELEMENTARY SCHOOL, HIGH SCHOOL (maximum of 12 classrooms) vii. COMMUNITY/VILLAGE ASSOCIATION OFFICE viii. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY ix. FIRE/SECURITY STATION x. WELFARE/CHARITABLE INSTITUTION/REHABILITATION CENTER xi. PLACE OF RELIGIOUS WORSHIP xii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS xiii. PUBLIC UTILITY FACILITY b. R-2B i. SINGLE DETACHED FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse ii. MULTI-FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse iii. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in Block 14, (LRC) Psd-9590. 2. Accessory Uses: a. R-2A i. SPECIALTY SCHOOL/TRAINING FACILITY ii. HEALTH CENTER/CLINIC/CLUB, GYM 7
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xv. SMALL-SCALE HOME INDUSTRY, provided that such industry conforms to the provisions of Section 15, (2-a-x) of this Ordinance, and all other government requirements xvi. xvii. MACHINE/METAL/WELDING/METAL/JUNK/FURNITURE SHOP CONSTRUCTION MATERIALS STORE (except lumber yard and gravel/sand dealer)
xviii. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY b. R-2B i. PRE-SCHOOL/KINDERGARTEN SCHOOL (maximum of two classrooms) ii. DAY CARE CENTER
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5. Conditional C-1A Classification in Guadalupe Viejo Area: The southwest portion of the R-2A subzone bounded by C-1A lot (north), Camia Street (east), Gumamela Street (south), and Estrella Street (west), occupied as of the time that this ordinance is passed by the S.C Johnson and Company, shall be classified as a C-1A subzone subject to the following conditions:
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2. Additional Principal Uses allowed in specific C-4 subzones/lots: a. C-4A: HOTEL, where it shall be allowed as an additional Principal Use only in Lot 1, (LRC) Psd-293128 b. C-4B: HOTEL, where it shall be allowed as an additional Principal Use only in Lots 2-A-2A and 2-A-2-B, (LRC) Psd 215710 and Lots 1 and 2, Pcs-00-007133 c. C-4C: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. HOTEL d. C-4D: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131; and Lot 4-B1, Psd-00-034959 ii. HOTEL, where it shall be allowed as an additional Principal Use only in Lots 1 and 2, (LRC) Pcs-18131; and Lot 4-B-1, Psd-00-034959 e. C-4E and C-4F i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. PETROL FILLING/SERVICE STATION, where it shall be allowed as an additional Principal Use only in lots fronting Gil Puyat Avenue, Amorsolo Street, or Arnaiz Avenue f. C-4H: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. PETROL FILLING/SERVICE STATION, where it shall be allowed as an additional Principal Use only in lots fronting Edsa or Gil Puyat Avenue 3. Principal Uses which shall be the only Principal Use allowed in the following lots: a. C-4B: MEDICAL CENTER, where it shall be the only Principal Use allowed in Lot 2-A-1-A, (LRC) Psd 30865
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j. PETROL FILLING KIOSK, with no other retail/service activity. Except in lots where Petrol/filling station is allowed as a Principal Use, a Petrol filling kiosk, with no other service/retail activity, shall be allowed only within parking areas/structures. This Accessory Use shall be subject to applicable government and other safety regulations. k. TRANSIT STATION/TERMINAL 5. Additional Accessory Uses allowed in C-4 lots where the Primary Use is limited to either Medical center, Place of religious worship, Cultural and educational center, College/university/educational research center, or Parking/parking structure, playground, sports field/court, garden, utility facility, as specified in Section 20 (3) of this Ordinance: a. PLACE OF RELIGIOUS WORSHIP b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN c. PARKING STRUCTURE d. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS e. PUBLIC UTILITY FACILITY 6. Additional Accessory Uses allowed in C4 lots: CONVENIENCE/RETAIL STORE (neighborhood scale only), and RESTAURANT, CANTEEN OR FOOD-SERVING ESTABLISHMENT The additional accessory uses listed above (Article V, Section 20-6) are intended to encourage pedestrian traffic in lieu of vehicular traffic and, therefore, shall cater principally to its immediate, pedestrian-based community. These additional accessory uses shall be allowed subject to the following conditions: a. The total Gross Floor Area occupied by the additional accessory uses does not exceed onefifth (0.20) FAR, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. b. Vehicular/service access required by these additional accessory uses is limited to Access and Service Roads, or in the absence of frontage to such Access or Service Roads, to Side Streets or Principal Streets as defined in Annex B. In C4-H subzone, vehicular/service access to the
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iv. A lot owner or building owner who has paid or who has caused the payment of the retail permit fee in a given year in accordance with the requirements of this Ordinance shall not be liable for the payment of a retail permit fee in subsequent years. v. The retail permit fee to be paid in the year in which this Ordinance is approved shall be Pesos Two Thousand (P 2,000.00) per square meter of the Gross Floor Area equivalent to one-fifth (0.20) FAR. The amount of the retail permit fee shall increase by ten percent (10%) annually, commencing in 2001: provided that, beginning year 2005 and at the end of every successive five-year period thereafter, the increase shall be subject to review and adjustment. vi. Retail permit fees shall be deposited in a special fund which shall be used solely
to finance the improvement of parking, pedestrian, service and other facilities for public use, as maybe necessary. Nothing in this Ordinance shall prohibit a lot owners association from requiring the payment of a special assessment from any member who wishes to avail itself of any of these accessory uses allowed under Article V Section 20-6 and from using these special assessments to fund improvements in parking, pedestrian, service and other facilities for public use as part of the private sector initiative. c. Existing retail stores or restaurants, canteens, or other food-serving establishments, except for those in Hotels, that exceed the 0.20 FAR limit, exclusive of restaurants, canteens, or other food serving establishments located at and/or above the second floor of a building, shall
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1. Principal Uses: a. PRINCIPAL USES ALLOWED IN R-2 ZONE b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN c. COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL CENTER d. SPECIALTY SCHOOL/TRAINING FACILITY e. GOVERNMENT FACILITY f. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER (not commercial cinema) g. CONVENTION/MEETINGS FACILITY h. CONVENT, SEMINARY, AND RELATED USES i. HEALTH CENTER/CLINIC/CLUB, GYM j. SANITARIUM, NURSING/CONVALESCENT HOME k. GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER l. CLUB/MULTI-PURPOSE HALL/ROOM m. SPORTS/RECREATION FACILITY n. SPORTS STADIUM, RACETRACK o. ZOO, OTHER NATURE CENTER p. DAY CARE CENTER q. OFFICE SUPPORT SERVICE
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SECTION 23. Recreational Zones (REC-1, REC-2, and REC-3): These zones shall be used primarily for recreational uses. 1. Principal Uses: a. REC-1: PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office, gazebo, clubhouse, and sports field/court b. REC-2 and REC-3 i. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office, gazebo, clubhouse, and sports field/court ii. SPECIALTY SCHOOL/TRAINING FACILITY iii. HEALTH CENTER/CLINIC/CLUB, GYM iv. CLUB/MULTI-PURPOSE HALL/ROOM v. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO vi. SPORTS/RECREATION FACILITY vii. SPORTS STADIUM, RACETRACK 2. Accessory Uses: a. REC-1: i. COMMUNITY/VILLAGE ASSOCIATION OFFICE ii. FIRE/SECURITY STATION iii. PLACE OF RELIGIOUS WORSHIP iv. MULTI-PURPOSE HALL/ROOM v. SPORTS/RECREATION FACILITY
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SECTION 25. Riverside Development Zone (RDZ): This zone shall be used primarily for outdoor park and related activities and supporting commercial, cultural, entertainment, and tourist-oriented developments. Developments in RDZ zone shall conform to a master development plan prepared for this zone. The RDZ master development plan shall feature and preserve an overall park and open space character for the area of the RDZ zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street. The rest of RDZ zone shall feature a medium density recreational, entertainment, pedestrian- and tourism-oriented character. The formulation of the RDZ master development plan shall involve consultation with affected residents and shall be based on a study conducted by a reputable consulting firm/s that assesses the potential impact of proposed uses and structures on traffic, accessibility, utilities, and other potential environmental issues. 1. Principal Uses in the absence of an officially approved RDZ master development plan: a. For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: i. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office and maintenance facilities, gazebo, amphitheater, clubhouse, and sports field/court ii. COMMUNITY/VILLAGE ASSOCIATION OFFICE iii. DAY CARE CENTER iv. FIRE/SECURITY STATION v. PLACE OF RELIGIOUS WORSHIP vi. SPORTS/RECREATION FACILITY vii. TRANSIT STATION/TERMINAL viii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS ix. PUBLIC UTILITY FACILITY
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a. 1,200 square meters in C-4A, C-4B, C-4C, C-4D, C-4G, R-3A, R-3B subzones b. 800 square meters in C-4E, C-4F and C-4H subzones SECTION 32. Yard and Building Setback Regulations. Yard and building setback regulations of the National Building Code and other applicable laws, rules and regulations shall be applied in all zones except: 1. In C-4A and C-4B subzones, the sides of the building facing boundaries of adjoining properties or facing any street other than Valero and De La Rosa Streets and the access roads leading thereto, must be constructed flush with the property lines. The building footprint thus defined should rise to
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a. In C-4A and C-4B, vehicular entrances shall not be allowed on the side of the property facing Ayala Avenue and Paseo de Roxas. However, in Block 4, (LRC) Psd-6132 and Plan (LRC) Pcs-1332 along Paseo de Roxas and Makati Avenue, vehicular entrances (but not exits) may be allowed on the side of the lot facing Paseo de Roxas or Makati Avenue. Vehicular exits of buildings in C-4A and C-4B in every case must always be along a Side Street, the Access Road within each block De La Rosa Street or Valero Street. b. In C-4C, vehicular entrances and exits may be allowed on any side of the property facing Ayala Avenue, Paseo de Roxas, or Valero Street.
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b. Porte cochere or covered walks from the main entrance of the building proper to the street curb shall be allowed, but shall in no case be permanent in nature or be considered an appropriation of the air space so as to serve as a basis for prescription. Such porte cochere or covered walk shall be removed by the owner if and when the same shall stand in the way of street widening, installation or repair of utilities underneath the sidewalk underneath the sidewalk, installation of ground-level or elevated covered walkways, or any similar improvements. 24
c. Foundations or footings of a building in any area which are close to a creek, drainage canal or existing culvert shall not be less than two (2) meters deep, and shall be at least two (2) meters away from the creek, drainage canal or culvert.
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Provided further that if the Transfer Lot contains a building or structure that has been certified by the City government and the National Historical Institute as a historical building, structure or landmark that should be preserved, then the Development Lot and the Transfer Lot need not be adjacent or be located in the same subzone/zone. In this case, the maximum amount of GFA that can be transferred from the Transfer Lot to the Development Lot shall be twenty thousand (20,000) square meters. Transfer of GFA from a Transfer Lot reduces the amount of GFA that can be built in the Transfer Lot by the amount of GFA transferred; likewise, the transfer allows an increase in the allowable GFA in the Development Lot by the same amount. These conditions, including the preservation of the building or structure in the Transfer Lot if such building has been certified by the City government and the National Historical Institute as a historical building, structure or landmark that should be preserved, shall be
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SECTION 43. Deviation. Deviations from the provisions of this Ordinance may be allowed by the Makati City Zoning Board of Adjustments and Appeals (MCZBAA) in form of a Variance or an Exception, only when all the following terms and conditions are fulfilled: 1. A Variance shall be granted subject to the condition that the property is unique and different from other properties in the adjacent locality and because of its uniqueness, the property owner cannot obtain a reasonable return on the property. This condition shall include the following provisions: a. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to the physical conditions of the property (topography, shape, etc.) which is not self-created. b. The proposed variance is the minimum deviation necessary to permit reasonable use of the property; c. The variance will not alter the essential character of the zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other properties in the same district or zone. d. The variance will be in harmony with the intent and objectives of this Ordinance; it will not weaken the general purposes of this Ordinance and will not adversely affect public health, safety and welfare.
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SECTION 45. Locational Clearance. All owners/developers shall secure locational clearances from the Zoning Administrator or in cases of variance and exceptions, from the MCZBAA prior to conducting any activity or construction on the lot. SECTION 46. Building Permit. No building permit shall be issued by the Makati City Building Official without a valid locational clearance in accordance with this Ordinance. SECTION 47. Non-Use of Locational Clearance. Upon issuance of a locational clearance, the grantee thereof shall have one (1) year within which to commence or undertake the use, activity or development covered by such clearance on his property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new clearance. SECTION 48. Existing Non-Conforming Uses and Buildings. The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued although such uses do not conform with the provisions of this Ordinance provided that: 1. No such non-conforming use/building shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance, or moved in whole or in part to any other portion of the lot or parcel of land where such non-conforming use/building exists at the time of the adoption of this Ordinance. 2. No such non-conforming use/building which has ceased operations for more than one (1) year be again revived as non-conforming use/building. 3. An idle/vacant structure may not be used for non-conforming activity. 4. Any non-conforming structure, or structures under one ownership that has been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost. Should such non-conforming portion of the structure be destroyed
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For purposes of policy coordination, said committee shall be attached to the City Development Council. SECTION 55. Interim Provision. Until such time that the MCZBAA shall have been constituted, the HLRB shall act as the Makati City Zoning Board of Adjustments and Appeals. As an Appellate Board, the HLRB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration and enforcement of this Ordinance. SECTION 56. Review of the Zoning Ordinance. The City Development Council shall create a subcommittee, the Makati City Zoning Review Committee (MCZRC) that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following reasons/situations: 1. Change in local development plans 2. Introduction of projects of national significance 3. Petition for rezoning 4. Other reasons which are appropriate for consideration SECTION 57. Composition of the Makati City Zoning Review Committee. The MCZRC shall have the following composition: 1. City Urban Development Officer, Chairman 2. City Health Officer 3. City Engineer 4. City Assessor 5. President, Association of Barangay Captains 6. Three private sector representatives 7. Two non-government organization representatives For purposes of policy coordination, said committee shall be attached to the City Development Council. SECTION 58. Functions of the Makati Zoning Review Committee. The MCZRC shall have the following powers and functions: 1. Review the Zoning Ordinance for the following purposes:
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SECTION 61. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding Fifty Thousand Pesos (P 50,000.00) or by imprisonment for a period not exceeding six (6) months, or both at the discretion of the Court. In case of
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