RA 9184: Government Procurement

Reform Act
FINAL TERM MODULE

A Module in PPA 321 (B)

(Professional Practice I)

Prepared by
Ar. Marisol T. Mandadero

Copyright © 2020, Columban College, Inc.

All rights Reserved

(No part of this module may be reproduced or copied without the permission from the author.)

Page 1 of 42
 MODULE 7
RA 9184: Government Procurement Reform Act

CONTENTS

7.0 Learning Outcomes

7.1 Overview
7.2 Outline of RA 9184

Suggested Readings

Page 2 of 42
7.0 Learning Outcomes

Understanding the application of this Law that shall guide every profession in relations to public
bidding and procurement

7.1 Overview

Early Laws on Procurement

• In 1900, the United States Philippine introduced the American practice of public bidding in
procurement in the Philippines
• Act No. 22 – Chief Engineer of US Army acted as the purchasing agent of government
• Act No. 74 (1901) – mandated contracts for purchase of school supplies thru invitation to bid
and the awarded to the lowest responsive bidder
• Act No. 82 (1901) – Provincial Governors and Municipal Mayors to enter contracts for public
works and purchase of office supplies thru competitive bidding
• Act No. 146 – creating Bureau of Supply (supplies, materials, equipment etc)
• EO 16 (1936) – No contract shall be entered or renewed without public bidding

The Administrative Code of the Philippines (1917)

• Procurement – acquisition of supplies, materials and equipment for the various offices and
branches of Government (Supply Law)
• Bureau of Public Works – award of contracts for the construction and repair of national public
works and improvements

Procurement and Supply Law

Office of Insular Purchasing Agent (1910) The Procurement Office (1947)
Division of Purchase and Supply (1932) Bureau of Supply under Department of
General Services (1958)

Pre-Reform Procurement Legal Structures

1. Procurement of Civil Works – Presidential Decree No. 1594 (1978)
2. Procurement of Goods – EO No. 302 (1996), EO No. 201 (2000), as amended by EO 262
(2000)
3. Procurement of Consulting Services – NEDA guidelines (1998)
4. Procurement among LGUs – RA No. 7160 (1990)
5. EO 40 (2001) – Consolidated procurement rules and regulations for NGAs, GOCCs and GFIs

Procurement Reforms
Problems Reforms
Confusion caused by fragmented legal system Enactment of Government Procurement
Reform Act (GPRA)
Inconsistent policies, rules and regulations Creation of the Government Procurement
due to lack of standards Policy Board (GPPB)
Lack of transparency Use of PhilGEPS
Lack of Check and Balance Participation of civil society
7.2 Outline of RA 9184

Enactment of RA9184 or GPRA

• Consolidation of House Bill 4809 and Senate Bill 2248
• Signed into law on 10 January 2003
Page 3 of 42
• Published on 11 January 2003 Took effect on 26 January 2003
• IRR Part A took effect on 8 October 2003
• Revised IRR took effect on 2 September 2009 Enactment of GPRA

Key Features of GPRA

• Covers procurement of all government agencies
• General Rule is Public/Competitive Bidding
• Alternative Methods of Procurement allowed in highly exceptional cases
• Use of the Approved Budget for the Contract (ABC) as ceiling for the bid price
• Use of transparent, objective, and non-discretionary criteria
• Increased transparency in the procurement process
• Professionalization of procurement officials
• Inclusion of Penal and Civil Liabilities

GPPB as an Inter-Agency Body

• Big procuring entities - defense, education, health, public works, transportation and
communications
• Oversight agencies - budget, planning, finance, trade, science and technology, interior and
local government, energy
• Private Sector Representative Resource Persons (audit, anti-corruption agencies)

GPPB Functions
• Policy-Making - Amend implementing rules & regulations of procurement law (quasi-
legislative function); Prepare generic procurement manual and standard bidding forms
• Capacity Development - Establish a sustainable training program
• Monitoring - Assist procuring entities improve their compliance; Review effectiveness of
procurement law
• GPPB has no jurisdiction to rule over actual controversies about the conduct of the bidding
since it has no quasi-judicial functions under the law.
• It is the prerogative and discretion of the procuring entity through its BAC to come up with the
declaration since they are in the best position to determine the details of their Project. (NPM
56-2013)

GPPB Website: www.gppb.gov.ph

Philippine Government Electronic Procurement

System (PhilGEPS)
• Serves as the primary and definitive source of
information on all government procurement
• Utilized for the procurement of common-use
supplies to take advantage of bulk purchasing
• Features of the PhilGEPS
o Electronic Bulletin Board
o Electronic Registry
o Electronic Catalogue
o Virtual Store
o Electronic Payment
o Electronic Bid Submission

Page 4 of 42
PhilGEPS Registration
• §8.5.1 RA 9184 IRR requires suppliers, contractors, consultants to register with PhilGEPS. It
does not qualify based on threshold.
• Inapplicability of the posting requirement is not tantamount to a situation where PhilGEPS
registration may also be dispensed with since the amount of the project is not a factor for the
condition to apply.
• Registration with PhilGEPS is absolute, and must be complied with regardless of the cost of
procurement. Reference: NPM 34-2013

Participation of CSOs
During Public Bidding- Participates as Observer in all stages of the procurement process
During Contract Implementation- National Text Book Delivery Program “Text Book Count 1-2-
3”; Medicine Monitoring by NAMFREL

Scope and Coverage

• R.A. 9184 applies to all branches and/or instrumentalities of the government:
1. National Government Agencies (NGAs)
2. State Universities and Colleges (SUCs)
3. Government Owned or Controlled Corporations (GOCCs)
4. Government Financial Institutions (GFIs) 5. Local Government Units (LGUs)

• It shall apply to all procurement activities involving:

1. Goods and Services
2. Infrastructure Projects
3. Consulting Services

• Section 4, Revised IRR

1. All fully domestically-funded procurement activities
2. All foreign-funded procurement activities, unless otherwise provided in a treaty or
int’l/executive agreement
3. As may be agreed upon by the GOP and IFI in their treaty or int’l/executive agreement
a. Projects funded from foreign grants
b. Projects for International Competitive Bidding
c. Consulting Services for National Competitive Bidding
• EXCEPT:
1. Procurement for goods, infrastructure projects, and consulting services funded
from Foreign Grants covered by R.A. 8182, as amended by R.A. 8555, entitled “An
Act Excluding Official Development Assistance (ODA) from the Foreign Debt Limit in order
to Facilitate the Absorption and Optimize the Utilization of ODA Resources, Amending for
the Purpose Paragraph 1, Section 2 of Republic Act No. 4860, as amended”, unless the
GOP and the foreign grantor/foreign or international financing institution agree otherwise;

2. Acquisition of real property which shall be governed by R.A. 8974, entitled “An Act to
Facilitate the Acquisition of Right-of-Way Site or Location for National Government
Infrastructure Projects and for Other Purposes,” and other applicable laws

3. Public-Private sector infrastructure or development projects and other

procurement covered by R.A. 6957, as amended by R.A. 7718 (BOT Law), entitled “An
Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure
Projects by the Private Sector, and for Other Purposes,” as amended;

Page 5 of 42
 4. Disposal of government properties; (1) Commission on Audit Circular No. 86-264 (2)
National Budget Circular No. 425

5. Leasing out of publicly-owned real property for private use –

1. Transactions where a government agency leases out its real property for private use,
such as in the case of a canteen or food concessionaire, are governed by Executive
Order 301 (Series of 1987), particularly Section 7 thereof, and its associated
guidelines;
2. Implementing Guidelines for Lease of Privately- Owned Real Estate guidelines will
only apply to lease of privately-owned real estate by government agencies for official
use. (NPM 50- 2013)
3. Consignment
6. Formation of Joint Venture Partnerships between government corporations and
private entities. - Where a project pertains to a JV between a GOCC and a private entity
in pursuit of development goals, the rules for such transaction are either covered by the
Joint Venture Guidelines issued by NEDA pursuant to §8 of EO 423 (s. 2005); or by RA
6957 (BOT Law), as amended by RA 7718. RA 9184 and its IRR

DEFINITION OF TERMS

PROCUREMENT refers to the acquisition of goods, consulting services, and the contracting for
infrastructure projects by procuring entity. (Sec. 5 (aa), IRR, R.A. 9184)

GOODS Refer to (a) All items, supplies and materials (b) Including general support services (c)
Which may be needed in the project or activity, whether in the nature of equipment, furniture,
stationery, or contractual services, such as: (1) repair and maintenance of equipment and
furniture; (2) trucking, hauling, janitorial and security and other related and analogous services.
EXCEPT: consulting services and infrastructure

INFRASTRUCTURE PROJECTS Refer to - construction, improvement, rehabilitation, repair

/restoration of civil works components of: (1) IT projects; (2) Irrigation; (3) flood control and
drainage; (4) water supply; (5) sanitation, sewerage and solid waste management; (6) national
buildings, hospital buildings, and other related constructions projects of the Government.
RA 9184 and its IRR does not apply to Public/Private Sector Infrastructure Projects under
RA 6957 (Act Authorizing Financing, Construction, Operation and Maintenance of Infra Projects
by the Private Sector.) as amended by R.A. 7718 (BOT Law)

CONSULTING SERVICES Refer to services for Infrastructure Projects and other types of projects
or activities of the Government requiring adequate external technical and professional expertise
that are beyond the capability and/or capacity of the Government to undertake such as, but not
limited to: (1) advisory and review services; (2) pre-investment or feasibility studies; (3) design;
(4) construction supervision; (5) management and related services

MIXED PROCUREMENT - In case of projects involving mixed procurements, the nature of the
procurement, shall be determined based on the primary purpose of the contract; Determination
shall be made by the procuring entity.

Page 6 of 42
DETERMINATION OF TYPE OF PROCUREMENT

Classification of Information Communication Technology (ICT) Services

• Procuring Entity (PE) is in the best position to determine the correct classification of its
procurement based on its identified needs and the best way by which these needs may
be addressed, managed, and satisfied.
• It is the motivation or intention of the PE in pursuing the project that will determine the
primary purpose of a project
• PE should be guided by the parameters and conditions in the relevant provisions of RA
9184 and its IRR on what should be considered as Goods, Infrastructure Projects or
Consulting Services procurement. (NPM 11-2013)

Principles of Public Procurement

• Public Monitoring - Awareness and vigilance
• Accountability - Responsibility over actions/decisions (“Answerable”)
• Competitiveness - Equal opportunity to all eligible bidders
• Transparency - Wider dissemination of bid opportunities
• Streamlined Process - Uniformly applicable to all government agencies and Effective and
efficient method Governing Principles
Essence of PUBLIC MONITORING\
1. Allows public involvement of qualified and eligible Civil Society Organizations (NGOs,
PAs, academic institutions, and religious groups) to observe and monitor the procurement
process until contract implementation.
2. Increased transparency of procurement transactions.

ACCOUNTABILITY OF PUBLIC OFFICIALS

• Pertinent laws and the prescribed procedures must be faithfully complied with in the
discharge of functions in all stages of the procurement process as well as the
implementation of contracts.
• Private parties that deal with government should also be held accountable for their actions.

How to ensure COMPETITIVENESS

• As a rule, procurement must be conducted through competitive bidding process, unless
otherwise provided under GPRA, its IRR and this Manual, then the Alternative Methods of
Procurement can be resorted to. This is to guarantee:
1. Equitable and fair grounds for competition among bidders.
2. That no single bidder significantly influences the outcome of the bidding.

How to ensure TRANSPARENCY

4. Posting in the Procuring Entity’s website,
5. Posting in the PhilGEPS website, and
6. Posting in a conspicuous place within the premises of the PE is required for all
procurements.
7. Each procurement transaction must be properly documented and such records must be
maintained and made available to proper parties.

Essence of STREAMLINED PROCUREMENT SYSTEM

• Uniform application to all government procurements.
• Simple and adaptable to advances in modern technology in order to ensure an effective
and efficient method of procurement.
Page 7 of 42
GPPB conducts a periodic review of government procurement procedures, and whenever
necessary, formulates and implements changes thereto.

PROCUREMENT METHODS AND PROCEDURES

Procurement Methods
• All Procurement shall be done through competitive bidding except as provided in R.A.
9184. Resort to alternative methods shall be made:
1. Only in highly exceptional cases
2. To promote economy and efficiency
3. Justified by conditions specified in R.A. 9184 and its IRR Procurement Methods

Procurement Methods

Bidding Process (Goods & Infra)

Page 8 of 42
Bidding Process (Consulting)

Procurement ORGANIZATIONS

Head of Procuring Entity (HOPE) Functions and Responsibilities:

1. Establishes BAC and appoints its members
• Ensures that BAC members give their utmost priority to duties
• Ensures professionalization of members of the procurement organization
2. Approves the Annual Procurement Plan (APP)
3. Approves/Disapproves the Contract Award
4. Resolves Protests

BIDS AND AWARDS COMMITTEE (BAC)

• As a general rule, HOPE must create a single BAC. However, separate BACs may be created
under any of the following conditions:
1. The items to be procured are complex or specialized;
2. If the single BAC cannot reasonably manage the procurement transactions as shown by
delays beyond the allowable limits; or
3. If the creation is required according to the nature of the procurement.

• PE’s creation of sub-BACs to be placed under a main BAC is not in compliance with the
requirements under Sec 11 of the IRR of RA 9184.
• PE may, however, establish separate BACs with the composition of the BAC members subject
to the qualifications under Section 11.2.2 of the IRR of RA 9184. Each BAC shall not be
considered as decentralized committees pursuant to Section 11.1.2 of the IRR

BAC Functions and Responsibilities:

• Recommends Procurement Method
• Creates a Technical Working Group (TWG)
• Conducts the bidding activities
• Resolves Requests for Reconsideration
• Recommends Imposition of Sanctions
• Invites Observers during all stages of the procurement process
• Conducts due diligence review or verifications of the qualifications of observers
• Prepares Procurement Monitoring Report

Page 9 of 42
BAC Membership and Qualifications:
• BAC members should occupy Plantilla positions with the procuring entity concerned.
• All members are regular members except the end-user member who is considered as a
provisional member. The members, whether regular or provisional, are equally entitled to
participate and to vote during deliberations.

BAC COMPOSITION: 5 but not more than 7 MEMBERS designated by the HOPE
1. Regular Members:
o Chairperson (3rd Ranking Permanent Official);
o Member representing the Legal or Administrative areas (5th or 3rd Ranking
Permanent Personnel);
o Member representing the Finance Area (5th or 3rd Ranking Permanent
Personnel);
2. Provisional Members
o Officer possessing Technical expertise relevant to the procurement.
o End user unit Representative.

BAC for NGAs, GOCCs, GFIs and SUCs

The members including the Chairman shall be designated by the Head of the Procuring Entity.
1. Regular Members
o Chairman (At least 3rd Ranking Permanent Official);
o Member representing the Legal or Administrative areas of the procuring entity;
o Member representing the Finance Area of the Procuring Entity.
2. Provisional Members
o An officer who has Technical expertise relevant to the procurement.
o Representative from the end user unit.

BAC for Local Government Units

• The Local Chief Executive shall designate the members of the BAC.
• The BAC members shall elect among themselves who shall act as the Chairman and Vice-
Chairman.
• Members: (1) Administrator’s Office; (2) Budget Office; (3) Legal Office; (4) Engineering
Office; (5) General Services Office; (6) End User Office

Alternate BAC Members

• Same qualifications as their principals.
• Same term as the principal.
• Presence of alternate BAC members in BAC meetings are considered for purposes of
quorum.
• The relationship of the principal and the alternate is of co-equal nature, rather than
hierarchical.
• Accountability shall be limited to their respective acts and decisions.
• Shall be entitled to the corresponding honoraria for attendance in meetings.

BAC TERMS OF MEMBERSHIP:

• The BAC members shall be designated for a term of one (1) year only, reckoned from the
date of designation. However, the HOPE may renew or terminate such designation at his
discretion.
• Upon expiration of the terms of the current members, they shall continue to exercise their
functions until new BAC members are designated.
Page 10 of 42
 • In case of resignation, retirement, separation, transfer, re-assignment, or removal of a
BAC member, the HOPE shall designate a replacement that has similar qualifications as
the official replaced. The replacement shall serve for the unexpired term. In case of leave
or suspension, the replacement shall serve only for the duration of the leave or
suspension.

PROHIBITED BAC MEMBERS

1. Head of the Procuring Entity
2. Official who approves procurement contracts;
• Designation of the HOPE’s Executive Assistant (EA) as Provisional Member of the
BAC - only when the EA is an approving authority that it is disqualified under
§11.2.5 of the IRR of RA 9184 from becoming a BAC member. (NPM 32-2013)
3. Chief Accountant or Head of the Provincial/City/Municipal Accounting Office and his/her
staff, unless the Accounting Department is the end-user unit, in which case the Chief
Accountant, Head of the Accounting Department or his/her staff may be designated as an
end-user member. (COA Circular Letter No. 2004 – 3)

CONFLICT OF INTEREST
• Conflict of interest arises when, in the case of the subject matter of the inquiry, the
Chairman of the BAC that conducted the earlier procurement was eventually designated
as OIC- HOPE.
• The subject procurement is deprived of checks and balances as one of the persons
conducting the bid evaluation and post-qualification, who is no less than the BAC Chair,
may have that degree of proclivity towards the recommended action of the BAC; thus, the
subsequent award of contract may no longer enjoy the cold neutrality of an impartial
HOPE. (NPM 14-2013)

BAC SECRETARIAT
• HOPE may create a new office or designate an existing organic office to act as BAC
Secretariat
• There is no minimum or maximum number of members of the BAC Secretariat.
• Head of the BAC SEC must be at least a 5th or 3rd ranking permanent employee or, if not
available, a permanent official of the next lower rank

BAC SECRETARIAT FUNCTIONS:

• Provide administrative support to the BAC
• Organize BAC meetings and conferences
• Take custody of procurement documents and other records Manage the sale and
distribution of bidding documents
• Advertise/post bidding opportunities and notices of awards
• Assist in managing the procurement process
• Monitor procurement activities and milestones
• Consolidate Project Procurement Management Plans (PPMP)
• Act as central channel of communications

BAC SECRETARIAT
• BAC Secretariat Head cannot notarize resulting contract of the procurement activities.
(NPM 66-2013)

Page 11 of 42
 • The BAC Sec provides a vital supporting role for the PE in the procurement process. If the
BAC Sec Head is to notarize the resulting contract, she would then take on a more central
role by bestowing upon the contract the imprimatur of a legal attestation by a third person.
• This may invite suspicion of unfaithfulness, conflict of interest, which may cast doubt on
the contract in particular, and the entire procurement activity as a whole.
• BAC Secretariat Head’s authority to sign procurement- related documents should be
confined to those that are within the scope of her duties and responsibilities under RA
9184 and its IRR, and should exclude those that require the exercise of discretion, consent
or approval on matters under the jurisdiction of a different authority. (NPM 66-2013)
• Section 14 of RA 9184 and its IRR limits the responsibilities of the BAC Secretariat to
administrative support functions and primarily ministerial duties. Since the BAC Secretariat
is limited to these functions, the conduct of opening and preliminary examination of bids,
where discretion and sound judgment is required, cannot be considered as clerical or
secretariat nature; therefore, outside the functions of the BAC Secretariat. (NPM 69- 2013)

TECHNICAL WORKING GROUP (TWG)

• Created by the BAC from a pool of legal, technical and financial experts -those experts
outside the procuring entity concerned may be included, i.e. government personnel and
officials and consultants from the private sector and academe with proven expertise on
the sourcing of goods, works or consulting services. (GPPB Resolution No. 07-2012,
GPPB Circular No. 02-2012)
• BAC may create separate TWGs to handle different procurements

TWG FUNCTIONS:
• Assist BAC in the following activities:
a. Preparation of bidding documents
b. Eligibility check/short-listing
c. Bid evaluation and preparation of reports
d. Post-qualification
e. Preparation of post-qualification summary report
• Assist BAC and BAC Secretariat in preparing BAC Resolutions

OBSERVERS
• Observers represent the public, the taxpayers who are interested in seeing to it that
procurement laws are observed and irregularities are averted.
• In all stages of procurement process BAC must invite, in writing, at least three (3)
Observers, at least 3 calendar days before the date of the procurement stage/activity, who
shall be:
a. Representative from COA
b. Duly recognized private group in the sector or discipline of the particular type of
procurement involved
c. Non-Government Organization (NGO)
A. BAC is mandated to invite Observers in all stages of the procurement process, including
post-qualification stage. (See §13 of RA 9184)
B. GPM enumerates the parties who are to conduct post- qualification. Although Observers
do not conduct post- qualification of the bidder, they are not precluded from being invited
and be present in the meeting. (NPM 05- 2013)
C. Observers shall be allowed access to the following documents upon their request, subject
to signing of a confidentiality agreement:
1. Minutes of BAC meetings;

Page 12 of 42
 2. Abstract of Bids;
3. Post-qualification summary report;
4. APP and related PPMP; and
5. Opened proposals

OBSERVERS RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating their observations on the procurement
activities
2. Submit report to the PE and furnish a copy to the GPPB and the Office of the
Ombudsman/Resident Ombudsman
3. Immediately inhibit and notify in writing the PE of any actual or potential conflict of interest

GRANT OF HONORARIA
• PE is authorized to grant honoraria to the members of the BAC, the TWG, and the BAC
Secretariat provided the amount so granted does not exceed twenty-five percent (25%) of
their respective basic monthly salary, subject to the following conditions:
o funds are available for the purpose; and
o the grant of honoraria conforms to the guidelines promulgated by the DBM.
(Section 15, IRR of R.A. 9184)

GUIDELINES ON THE GRANT OF HONORARIA

• Budget Circular No. 2004-5A, dated 7 October 2005 as amended by Budget Circular No.
2007- 3, dated 29 November 2007.
• Only for successfully completed procurement projects
• Limited to procurement that involves competitive bidding.
• Granted to Chair or Members of the BAC or the TWG by the LCE concerned.
• BAC Secretariat performing attendant functions in addition to their regular duties and
functions may be paid honoraria at the same rate as the TWG Chair and Members
• Those who are receiving honoraria shall no longer be entitled to overtime pay for
procurement-related services rendered.
• Payment of overtime services may be allowed for the administrative staff, (clerks,
messengers and drivers supporting the BAC, the TWG and the Secretariat), for
procurement activities rendered in excess of official working hours.

FUNDING SOURCE
• Collections from successfully completed procurement projects, limited to activities prior to
the awarding of contracts to winning bidders:
1. proceeds from sale of bid documents;
2. fees from contractor/supplier registry;
3. fees charged for copies of minutes of bid openings, BAC resolutions and other
BAC documents;
4. protest fees;
5. liquidated damages; and
6. proceeds from bid security forfeiture

Page 13 of 42
CEILING FOR HONORARIA

Members of the BAC Secretariat whose positions are in the Procurement Unit of the agency shall
not be entitled to honoraria although the payment of overtime services may be allowed, subject
to existing policy on the matter.

Suggested Readings:

The 2016 Revised Implementing Rules and Regulations of Republic Act no.9184
https://www.gppb.gov.ph/laws/laws/RevisedIRR.RA9184.pdf
https://www.slideshare.net/EmilyMarundan/general-provisions-of-ra-9184

Prepared by: Ar. Marisol T Mandadero, April 2021 PPA 321 Final Term Module
Page 14 of 42
 PD957: Subdivision and Condominium
Buyer’s Protective Decree
FINAL TERM MODULES

A Module in PPA 321 (B)

(Professional Practice I)

Prepared by
Ar. Marisol T. Mandadero

Copyright © 2020, Columban College, Inc.

All rights Reserved

(No part of this module may be reproduced or copied without the permission from the author.)

Page 15 of 42
 MODULE 8
PD 957: Subdivision and Condominium
Buyer’s Protective Decree

CONTENTS

8.0 Learning Outcomes

8.1 Overview
8.2 PD957 Outline

Suggestion Readings

Page 16 of 42
8.0 Learning Outcomes

• To have better understanding about real estate industry

8.1 Overview

The nature of Presidential Decree 957

Under the government of the late President, Mr. Ferdinand E. Marcos, Presidential Decree 957
is passed to closely supervise and regulate real estate practitioners, owners, and developers in
the Philippines. It is initiated and signed by the late president on July 12, 1976 in Manila and
applied with the latest revised implementing rules and regulations in 2009

The primary purpose of this law is to protect buyers’ welfare from all types of real estate
misrepresentations. The state has passed to resolve the numerous fraudulent reports about real
estate problems in the country.

List of Board Resolutions incorporated in the Revised IRR for PD957

1. Board Res. No. 725 Series of 2002, “Amending the Revised IRR for PD 957 and BP 220”
2. Board Res. No. 748 Series of 2003, “Further Relaxing the requirements for the issuance of
Certificate of Registration and License to Sell”
3. Board Res. No. 763 Series of 2004, “Amending Section 9, 10, 11 of the Revised IRR for PD
957”
4. Board Res. No. 794 Series of 2006, “Amending Provision on Signatories to subdivision
development plan & site development plan for projects under PD 957 & BP 220”
5. Board Res. No. 812, Series of 2007, “Approving the Fastracking of the Issuance of Certificate
of Registration and License to Sell”
6. Board Res. No. 839, Series of 2009, “Requiring subdivision and condominium owner/
developer to submit a copy og the Special/ Temporary Permit from the PRC & of the Separate
Permit from the DOLE for foreign architects who signed on plans required under the IRR of
PD 957 & BP 220”
7. Board Res. No. 830-A, Series of 2009, “Amending the minimum level of development
requirement in the issuance of License to Sell for Subdivision & Condominium projects under
Board Res. No. 830, Series of 2008”

8.2 PD 957 Outline

THE IMPORTANCE OF PRESIDENTIAL DECREE 957

• It aims to control and prevent “reneged on representations and obligations,” “swindling and
fraudulent manipulations,” and “failure to deliver.”
• It consists of rules and regulations on buying and selling a house or condominium, from the
point of sale to turnover of unit to property title of ownership. It also states the other laws
governing the after-sale rights of buyers and developer’s obligations.
• It specifies details pertaining to policies in dealing with real estate practitioners such as
developer, dealer, broker, and salesman or agent.
• It empowers the National Housing Authority (NHA) to have “exclusive jurisdiction to regulate
real estate trade and business.” At present, Housing and Land Use Regulatory Board
(HLURB) is now the key government agency to implement this law.

Page 17 of 42
• It enumerates the process and procedures of registration, as well as the sanctions and
penalties for any unauthorized transactions made by real estate practitioners.

RULE I: MINIMUM DESIGN STANDARDS

Section 1. Design Standards for Subdivision

Shall conform with the following minimum design standards, applicable Local Government Units’
(LGU) Zoning Ordinances as pertinent provisions of the National Building Code is project is with
housing component

A. Site Criteria
1. Location- conformity with zoning ordinance/ CLUP
2. Physical Suitability- suitable for housing & outside hazard prone area
3. Accessibility- site must be served by road that is readily accessible to public transportation

B. Planning Consideration
1. Area Planning
a. Safety and general welfare of the future occupants
b. Adequate, safe, efficient & integrative road circulation system servicing every lot
therein
c. Judicious allocation of land uses for diversity & amenity
d. Preservation of site
e. Proper siting or orientation of lots
f. Harmony with existing & proposed development in the vicinity
g. Application of workable design principles or parameters for a well-planned & self-
sustaining environment

When a developer or planner submits a Planned Unit Development (PUD) type of project,
the layout shall likewise conform to the standards for residential/ condominium projects

a. Open Space- shall conform to the provision of PD1216 & its IRR shall include:
i. Streets- adequate & safe means of vehicular & pedestrian circulation &
easements for utilities & planting strips shall be provided
ii. Walks- paved walks shall be provided to the living units from streets,
parking spaces & from living units to play areas
iii. Parks & playground- suitable recreational area shall be allocated within the
subdivision
b. Facilities & Amenities
c. Density- include the total number of dwelling units in multi-storey structure plus the
total number of lots intended for single & semi-detached houses

2. Site Preservation
a. Slope- the finished grade shall have a desired slope to allow rain water to be
channeled into street drain.
b. Preservation of site assets- suitable trees (200mm caliper diameter or more),
shrubs & desirable ground cover per DENR rules shall be preserved. Where a
good quality top soil exists in the site, it shall be banked & shall be preserved for
finishing grades of yards, playgrounds, parks & garden area
c. Ground cover- grass, shrubs, plants & other landscaping materials used for ground
cover shall be of variety appropriate for its intended use & location

Page 18 of 42
 3. Easement- subdivision projects shall observe & conform to the following provisions on
easements as may be required by:
a. Chapter IV, Section 51 of the Water Code, on water bodies;
b. National Power Corporation (NPC), on transmission lines;
c. PHILVOCS per Resolution No. 515 Series of 1992, on identified fault traces;
d. Other public utility companies & other entities’ right-of-way;
e. National/ Local government units for projects abutting national roads (primary
roads) where adequate easement shall be provided for including loading &
unloading areas;
f. Other related laws

4. Circulation
a. Road complemented with path walk within the subdivision must be aligned to
facilitate movement & to link the subdivision to the nearest major transportation
route &/or adjacent property;
b. Streets should conform to the contours of the land as far as practicable
c. As far as practicable, streets shall be laid out at right angles to minimize critical
intersection such as blind corners, skew junction, etc.
d. Roads shall conform to sound engineering practices
e. Subdivision projects shall comply to the pertinent requirement of BP 344
(Accessibility Law)

5. Installation of Street Names/ signs- the developer shall bear the cost of installation of street
names/ signs coincident with the construction of streets

C. Design Parameter
1. Land Allocation
a. Saleable area
b. Non-saleable area
i. Parks/ playgrounds
ii. Community facilities
iii. Circulation system
1. Hierarchy of Roads
a. Major Road- a street or road linking the site & serves as the
main traffic artery within the project site & shall travers the
longer axis of the property
b. Collection Road- a street or a road that services pedestrian/
vehicular traffic from minor roads leading to major roads
c. Minor Road- a road which main function is to provide direct
access to lots and other activity centers
d. Motor courts- shall have a ROW of not less than 6 meters in
width with provision for sufficient space for vehicular turn
around in the form of a cul-de-sac, loop, branch or “T” with
a maximum length of 60meters inclusive of terminals
e. Service Roads- roads which provide for the distribution of
traffic among individual lots & activity centers
f. Alley- a 2meter wide walkway which shall be used to break
a block & to serve pedestrians & for emergency purposes,
It shall not be used as access to property
2. Road Right-of-way (RROW)
a. Major road shall maintain a uniform width of RROW
Page 19 of 42
 b. Interior subdivision project must secure RROW to the
nearest public road & RROW shall be designated as
interconnecting road with a minimum width of 10 meters
c. Subdivision projects abutting main public road must provide
a setback of 3-meter deep by 5-meter in length at both sides
of the subdivision entrance to accommodate loading &
unloading of passenger
3. Planting strips- (check the table below)
4. Road pavement (check the table below)
5. Road intersection-
a. Roads should intersect at right angles as much as
practicable
b. Multiple intersections along major roads shall be minimized
c. Distance between offset intersection should not be less than
20 meters from corner to corner
6. Road grade/ slope
a. Crown of the roads shall have a slope of not less than 1.5%,
while curbs and gutters shall not be less than 7-9%
b. Grades and vertical curbs shall conform to the design
requirement of DPWH
2. Lot requirements
a. Lot layout- the following shall be considered when plotting the subdivision project:
i. Preservation of site assets and proper siting orientation of lots; blending
with existing & proposed development in the vicinity
ii. Application of workable design principles/ parameters for a well-planned
environment
b. Minimum lot area (check the table below)
i. Saleable lots designated as duplex/ single attached and/ or rowhouse lots
shall be provided with housing unit
ii. Prices of saleable lots intended for single-detached units shall not exceed
40% of the maximum selling price of the house & lot packages
c. Lot Design
i. Saleable lots shall be designed such that they are not bisected by political
boundaries, water courses, drainage ways & utility lines
ii. Lot shall be served by independent access road
iii. Whenever possible, lot frontage elevation shall be at street level
iv. Lot lines shall preferably be made perpendicular to street lines
v. Deep lots & irregularly shaped shall be avoided
vi. Lots shall be planned with adequate width for side yards
vii. Lots shall be protected against risks
viii. Lots shall be laid out if potential risks exist e.g. erosion, slides, flooding,
fault lines, etc.
d. Lot frontage (check table below)

3. Length of Block (check table below)

4. Shelter component (check table below)

5. Yard/ setback (check the table below)

Page 20 of 42
 6. Water supply system (check the table below)
a. Specific rules
b. Water requirements
c. Fire protection demand
d. Water tank capacity
e. Pipes
7. Electrical power supply (check the table below)

8. Sewage Disposal System (check the table below)

a. Connection to community sewer system
b. Septic tank
9. Drainage system (check the table below)

10. Garbage disposal system (check the table below)

Planning & Design Standards for Residential Subdivision Project under PD957

PARAMETERS OPEN MARKET HOUSING MEDIUM COST HOUSING

Project location Within suitable sites for housing & Within suitable site for housing &
outside potential hazard prone & outside potential hazard prone &
protection areas protection areas
Land Allocation for
projects 1 hectare &
above
a. Saleable area a. 70% (maximum)
b. Non-saleable area b. 30% (minimum)

Mandatory allocation for parks and playgrounds per tabulation below:

b.1. Area allocated for DENSITY (%) PARKS & PLAYGROUNDS
parks & playgrounds for (No. of lots/ dwelling units per Allocation in % of gross area
projects 1 hectare & hectare)
above 20 & below 3.5
21-25 4.0
26-35 5.0
36-50 6.0
51-65 7.0
Above 65 9.0
In no case shall an area allocated for parks and playgrounds be less than
100 square meters and the same shall be strategically located within the
subdivision
b.2. Area allocated for • Mandatory provision of areas for community facilities, such as
community facilities neighborhood multi-purpose center both for open and medium cost
housing projects with are 1 hectare and above.
• These area is non-saleable
• However, the developer may provide additional areas for community
facilities such as school, commercial/ retail centers in excess of the
mandatory requirement set forth in this rule which shall be deemed
saleable

Page 21 of 42
b.3. Circulation system Hierarchy of Roads

Project size range (Has.)

2.5 & below Major, minor, motor court, alley Major, minor, motor court, alley
Above 2.5- 5 Major, collector, minor, motor Major, minor, motor court, alley
Above 5- 10 Major, collector, minor, motor Major, collector, minor, motor
Above 10- 15 Major, collector, minor, motor Major, collector, minor, motor
Above 15- 30 Major, collector, minor, motor Major, collector, minor, motor
Above 30 Major, collector, minor, motor Major, collector, minor, motor

Minimum Lot area

a. Single detached 120 square meters 100 square meters
b. Duplex/ Single attached 96 square meters 80 square meters
c. Rowhouses 60 square meters 50 square meters
• Saleable lots designated as duplex and/or rowhouse lots shall be
provided with housing components
• Price of saleable lots intended for single-detached units shall not exceed
40% of the maximum selling price of house and lot packages
•
Minimum Lot frontage
Single detached
a. corner lot 12.00 meters
b. regular lot 10.00 meters
c. irregular lot 6.00 meters
d. interior lot 3.00 meters

Duplex/ Single attached 8.00 meters

Rowhouses 4.00 meters
Length of Block Maximum length of block is 400 meters, however, blocks exceeding 250
meters shall be provided with an alley approximately at mid-length

Page 22 of 42
Road- Right-of-Way OPEN MARKET HOUSING MEDIUM COST HOUSING

Project size range Major Rd Collector Minor Rd Major Rd Collector Minor Rd

2.5 & below 10 meters - 8 meters 10 meters - 8 meters
Above 2.5- 5 12 meters 10 meters 8 meters 10 meters - 8 meters
Above 5- 10 12 meters 10 meters 8 meters 12 meters 10 meters 8 meters
Above 10- 15 12 meters 10 meters 8 meters 12 meters 10 meters 8 meters
Above 15- 30 15 meters 12 meters 10 meters 12 meters 10 meters 8 meters
Above 30 15 meters 12 meters 10 meters 15 meters 12 meters 10 meters
6.00meter service road, both ends
connecting to a minor road, shall be
allowed for blocks not exceeding
60meters
Motor Court Alley ROW Carriageway ROW Carriageway
6 meters 5 meters 6 meters 5 meters
2 meters 2 meters 2 meters 2 meters
• Alley is a 2-meter-wide walkway which shall be used to break a block and
to serve both pedestrians and for emergency purposes. It shall not be
used as access to property
• RROW of major roads shall be increased as project size increases
• Major roads shall maintain a uniform width of RROW
• Tapering of road width shall not be allowed, where the road RROW is
wider than the prescribed standard for the interconnecting road of the
proposed subdivision
Roads Specification

Planting Strip (PS) and

Sidewalk (SW)
ROW Planting Strip (PS) Sidewalk (SW)
15 meters 1.30 meters 1.20 meters
12 meters 0.80 meters 1.20 meters
10 meters 0.80 meters 1.20 meters
8 meters 0.40 meters 0.60 meters
6 meters (service road) Optional Optional

Road Pavement
Major Concrete/ Asphalt Concrete/ Asphalt
Minor Concrete/ Asphalt Concrete/ Asphalt
Motor Court Concrete/ Asphalt Concrete/ Asphalt
Sidewalk Concrete/ Asphalt Concrete/ Asphalt
Alley Concrete/ Asphalt Concrete/ Asphalt
• Concrete road pavement shall have a minimum thickness of 150mm and
a minimum compressive strength of 20.7MPa while roads may either be
concrete of same thickness and compressive strength or asphalt with
minimum thickness of 50mm.
• Sidewalk pavement shall have a minimum compressive strength of
17.2MPa
Water Supply • Mandatory connection to appropriate public water system, centralized
water supply system
• Each subdivision shall have at least an operational deep well and pump
sets with sufficient capacity to provide Average Daily Demand (ADD) to
all homeowners

a. Minimum water • 150 liters per capita per day for household connection
supply requirement

Page 23 of 42
b. Fire protection • Provision for fire protection shall comply with the requirements of the Fire
demand Code of the Philippines
Electrical Power Supply • Mandatory individual household connection to primary and alternate
sources of power if services are available in the locality
• Mandatory provision of street lighting per pole if 50-meter in distance; at
every other pole if distance is less than 50-meters.
• Installation practices, materials and fixtures used shall be in accordance
with the provision of the Philippines Electrical Code and local utility
company
Drainage System • The drainage system must conform to the natural drainage patter of the
subdivision site, and shall drain into appropriate water bodies, public
drainage system or natural outfalls
• For both open market and medium cost subdivision projects,
underground drainage system shall be properly engineered and
environmentally sound, and shall be provided with adequate Reinforced
Concrete Pipes (RCP), catch basins, manholes/ inlets and cross drain for
efficient maintenance. Minimum drainage pipe diameter shall be 30cm.
Sewage Disposal
System
a. Septic tank • Individual septic tank shall conform to the standards and design of the
Sanitation Code of the Philippines (PD 856) and its IRR

b. Connection Community • Whenever applicable, connection shall be made to an approved public or

sewer system community sewer system subject to the requirements and provisions of
the Sanitation Code of the Philippines and other applicable rules and
regulations
Garbage Disposal Provide sanitary and efficient refuse collection and disposal system whether
System independently or in conjunction with the local government garbage collection
and disposal services
Shelter Component Open Market Housing Medium Cost Housing

Minimum Floor Area

a. Single detached 42 square meters 30 square meters
b. Duplex 42 square meters 30 square meters
c. Rowhouse 42 square meters 30 square meters
In no case shall the number of rowhouses exceed 20 units per block/ cluster
and/ or be beyond 100 meters in length
Minimum Level of
Completion
a. Single detached Complete house (based on the submitted specifications)
b. Duplex Same
c. Rowhouse Same
Setback/ Easement
a. Front Shall conform to the provisions of the National Building Code of the
b. Side Philippines
c. Rear

Section 2. Design Standards and Guidelines for Residential Condominium Projects

A. Site Criteria
1. Conformity to CLUP/ zoning ordinance/ national building code
2. Condominium projects shall conform to the minimum building requirements, lot
occupancy, open spaces, parking and other requirements of the National Building Code
of the Philippines and its IRR

Page 24 of 42
B. Planning Consideration
1. Area Planning
a. Supplementary and supportive activities to residential use
b. Open space shall be provided within the project pursuant to NBC
c. Easement for utilities, such as drainage system, water supply, powerlines and
communication lines, shall be integrated with land circulation system
d. Building orientation on lot shall take into account proper ventilation, sunlight & land
characteristics
e. No development shall be allowed within the 5-meter mandatory easement on both
sides of the Marikina Valley Fault Trace and other fault traces as may be identified
by PHILVOCS (approved per Board Res. No.515 Series of 1992)

2. Site Preservation/ Alteration (same as on Residential Standards)

a. Slope
b. Preservation of site assets
c. Ground cover

C. Design Parameters
1. Space location- the minimum room sizes shall be in accordance with the requirements of
the NBC & its IRR/ referral codes
a. Parks/ playgrounds & other recreational areas (exclusive of easements, access
roads, driveways, parking space) shall be required for:
• Projects with a gross saleable area of 1,000 square meters or
• Projects with 10 or more condominium units. Except when the
condominium is part of a subdivision project or park/ playground not
more than 800meters away and in reaching it, the pedestrian will
not be unduly exposed to hazard
i. The min. area for single park/ playground shall be 50 square meters,
increments of 3square meters for every additional family dwelling type in
excess of 10 units shall be added
ii. Parks/ playground or other recreational facilities may not be required if the
condominium is located not more than or 800 meters from a publicly
accessible parks/ playground or other recreational facilities
iii. It shall be properly landscaped to accommodate both active & passive
activities
iv. It may be accommodated in the yard/s provided such yards are adequate
and usable as park
v. Other facilities (optional) such as tennis courts, swimming pool, etc. may
be integrated with the park/ playground
b. Parking space requirement
i. For Residential condominium units
• It shall be in accordance with NBC
• Off-site parking may be allowed
• Compliance with additional parking spaces as required by local
ordinances shall be mandatory
ii. For commercial condominium units
• It shall be in accordance with NBC
• Off-site parking may be allowed in addition to the on-site parking
provided

Page 25 of 42
 c. Access Roads
Roads shall serve every building, parking space, park/playground and service
points (e.g. garbage collection points). Minimum roads or right-of-way shall be 8
meters, 6 meters thereof shall be the carriageway and the remaining 2 meters
shall be developed as sidewalk/planting strip.

Path walks shall be provided for pedestrian circulation with a minimum width of 1.2
meters.

i. Hierarchy of roads- for horizontal condominium projects, it shall be the

same as the minimum design standard requirements for subdivision
projects
ii. Pavement- all roads (major, minor, motor court) for both residential and
commercial condominium projects shall be paved with concrete/ asphalt

d. Basic Facilities and Services

i. Service area (laundry/ drying area)
ii. Water supply, power, sewerage & drainage utilities shall conform to the
requirement of a subdivision
1. Reservoir/ water tank- if the height of the building requires water
pressure in excess of the in the main waterline, water tank shall be
provided (for multi-storey building)
2. Capacity- 20% average daily demand plus fire reserve
iii. Mechanical equipment & service area
1. Provision of elevators shall conform to the plans & specification of
the duly licensed architect/ engineer who shall determine the
requirements for the elevators – in accordance with the NBC,
Accessibility law, national industry standards & other pertinent laws
2. Compliance to the provisions of the Fire Code of the Philippines
shall be mandatory
iv. Refuse collection/ disposal
1. Centralized garbage depository area and efficient refuse collection
& disposal services shall be provided whether independently or in
conjunction with the city or municipality garbage collection

2. Floor Area requirements

a. Single-occupancy unit
o Min. of 18 square meters floor area; net floor area of 12 square meters may be
allowed provided that:
▪ These are intended for students/ employee/ worker and provided
further that the condominium project to which these will be integrated
is within highly urbanized are
▪ The same shall be provided with common basic facilities such as
laundry/ drying area and support amenities such as visitors’ lounge and
dining area
▪ Said facilities/ support amenities including all other measures that will
ensure compliance with the intended use of the unit shall be explicitly
indicated in the master deed/ contract to sell

Page 26 of 42
 b. Family dwelling unit
o The minimum floor area of family condominium units shall be 36 square meters
& 22 square meters for open market and medium cost condominium project
respectively

THE PRACTITIONERS OF REAL ESTATE SERVICES

The real estate practitioners are the people to deal with, either “to sale or sell,” or “to buy
and purchase,” a subdivision lot, house, and condominium. These are the developers,
dealers, brokers, and salesmen or agents, which are all subject for registration.

• “Developer” shall mean the person who develops or improves the subdivision project
or condominium project for and on behalf of the owner thereof.
• “Dealer” shall mean any person directly engaged as a principal in the business of
buying, selling or exchanging real estate whether on a full-time or part-time basis.
• “Broker” shall mean any person who, for a commission or other compensation,
undertakes to sell or negotiate the sale of a real estate belonging to another.
• “Salesman” shall refer to the person regularly employed by a broker to perform, for
and in his behalf, any or all functions of a real estate broker.

THE KEY TAKEAWAYS FOR BUYERS

PD 957 is designed to protect the buyer’s rights and to promote healthy competition
among real estate practitioners. As a buyer, you should verify and validate the person
you’re dealing with when purchasing a property. You may check online to search for his
or her registration. Below are other points to remember:

• Certificate of Registration. HLURB releases this when the developer passes the
required standard to develop projects in accordance with Subdivision Standards
and Regulations for horizontal developments, or of the National Building Code for
vertical development.
• License To Sell. Once registered, HLURB releases this for developers to sell
units. The certificate is issued upon assurance of the developer’s capacity to
deliver and free from any fraudulent act.
• HLURB ID/ Certificate of Registration for Dealer, Broker, and Salesman. HLURB
mandates all dealers, brokers, salesmen or agents who are engaged in selling
subdivisions or condominiums to register. The registration is good for 1 year and
subject for renewal to continually engage in real estate deals.

Suggested Readings:

PD 957 https://hlurb.gov.ph/wp-content/uploads/laws-and-issuances/policies/pd_957.pdf
https://docs.google.com/viewerng/viewer?url=https://philpropertyexpert.com/wp-
content/uploads/2017/11/IRR-PD-957.pdf&hl=en
https://philpropertyexpert.com/pd-957-your-protection-against-real-estate-misrepresentations/

Prepared by: Ar. Marisol T Mandadero, April 2021 PPA 321 Final term Module

Page 27 of 42
 REVISED RULES & STANDARDS FOR
ECONOMIC & SOCIALIZED HOUSING
PROJECTS TO IMPLEMENT BP220
FINAL TERM MODULES

A Module in PPA 321 (B)

(Professional Practice I)

Prepared by
Ar. Marisol T. Mandadero

Copyright © 2020, Columban College, Inc.

All rights Reserved

(No part of this module may be reproduced or copied without the permission from the author.)

Page 28 of 42
 MODULE 9
Revised Rules & Standards for Economic & Socialized
Housing Projects to Implement BP220

CONTENTS

9.0 Learning Outcomes

9.1 BP220 Outline

Suggestion Readings

Page 29 of 42
9.0 Learning Outcomes

• To have better understanding on the development of economic and socialized housing

projects in urban and rural areas that authorize by Housing and Land Use Regulatory Board
(HLURB)

8.1 Outline BP220

Planning & Design Standards for Residential Subdivision Project under BP220

PARAMETERS ECONOMIC HOUSING SOCIALIZED HOUSING

Project location Within suitable sites for housing & outside potential hazard prone & protection
areas
Land Allocation for
projects 1 hectare &
above
a. Saleable area c. variable
b. Non-saleable area d. See open space requirement as per b.1, b.2, b.3

Mandatory allocation for parks and playgrounds per tabulation below:

b.1. Area for parks & DENSITY (%) PARKS & PLAYGROUNDS
playgrounds for (No. of lots or dwelling units per % of gross area
projects 1 hectare & hectare)
above 150 & below 3.5
151- 160 4.0
161- 175 5.0
176- 200 6.0
201- 225 7.0
Above 225 9.0
An addition of 1% increment for every 10 or fraction thereof above 225.

In no case shall an area allocated for parks and playgrounds be less than 100
square meters. The same shall be strategically located within the subdivision
project
b.2. Area for • Mandatory provision of areas for neighborhood multi-purpose center both for
community facilities economic and socialized housing projects with area of 1 hectare and above.
• These area is non-saleable
• However, the developer may provide for areas for community facilities such
as school, commercial/ retail centers in excess of the mandatory requirement
set forth in this rule which shall be deemed saleable.
• The use of the said area shall be indicated in the plan and annotated in the
title there (Refer to Table 2)
Density (no. of lots or dwelling % of Gross Area for Community Facilities
units per hectare)
150 & below 1.0%
151- 225 1.5%
Above 225 2.0%

Page 30 of 42
b.3. Circulation system Hierarchy of Roads (with respect to function, dimensions and project area)
shall be observed when planning the road network such that no major or minor
Project size range road align with an alley or pathwalk
(Has.)

2.5 & below Major, minor, motor court, alley Major, minor, motor court, pathwalk
Above 2.5- 5 Major, minor, motor court, alley Major, minor, motor court, pathwalk
Above 5- 10 Major, collector, minor, motorcourt, alley Major, minor, motor court pathwalk
Above 10- 15 Major, collector, minor, motorcourt, alley Major, collector, minor, motorcourt, pathwalk
Above 15- 30 Major, collector, minor, motorcourt, alley Major, collector, minor, motorcourt, pathwalk
Above 30 Major, collector, minor, motorcourt, alley Major, collector, minor, motorcourt, pathwalk

Minimum Lot area

a. Single detached 72 square meters 64 square meters
b. Duplex/ Single attached 54 square meters 48 square meters
c. Rowhouses 36 square meters 28 square meters
• Saleable lots designated as duplex/ single-attached and/or rowhouse lots
shall be provided with housing components
• Price of saleable lots intended for single-detached units shall not exceed
40% of the maximum selling price of house and lot packages

Minimum Lot
frontage
Single detached
a. corner lot 8.00 meters 8.00 meters
b. regular lot 8.00 meters 8.00 meters
c. irregular lot 4.00 meters 4.00 meters
d. interior lot 3.00 meters 3.00 meters

Duplex/ Single attached 6.00 meters 6.00 meters

Rowhouses 4.00 meters 3.50 meters
Length of Block Maximum length of block is 400 meters, however, blocks exceeding 250 meters
shall be provided with a 2-meter alley approximately at mid length

Road- Right-of-Way ECONOMIC HOUSING (meters) SOCILAIZED HOUSING (meters)

Project size range Major Rd Collector Minor Rd Major Rd Collector Minor Rd

2.5 & below 8 - 6.5 8 - 6.5
Above 2.5- 5 10 - 6.5 10 - 6.5
Above 5- 10 10 8 6.5 10 - 6.5
Page 31 of 42
 Above 10- 15 10 8 6.5 10 8 6.5
Above 15- 30 12 8 6.5 10 8 6.5
Above 30 15 10 6.5 12 10 6.5
Motor Court Alley
ROW Carriageway ROW Carriageway
Motor court 6 meters 5 meters 6 meters 5 meters
Alley 2 meters - 2 meters -
Path walk - - 3 meters -
• The minimum RROW of major roads shall be in accordance with the
preceding table. However, in cases where the major road will serve as
interconnecting road, it shall have a minimum ROW of 10 meters. It shall
have a 15cm mix gravel (pit run) base course on well- compacted subgrade.
• RROW of major roads shall be increased as project size increases
• Major roads shall maintain a uniform width of RROW
• Tapering of road width shall not be allowed, where the road RROW is wider
than the prescribed standard for the interconnecting road of the proposed
subdivision
• Minor road shall have a minimum ROW of 6.50 meters
Roads Specification

Planting Strip (PS)

and Sidewalk (SW)
ROW Planting Strip (PS) Sidewalk (SW)
15.00 meters 1.30 meters 1.20 meters
12.00 meters 0.80 meters 1.20 meters
10.00 meters 0.80 meters 1.20 meters
8.00 meters 0.40 meters 0.60 meters
6.50 meters Optional Optional

Refer to supplemental Rules and Regulations to Implement PD 953 for specific

tree species
Road Pavement
Major Concrete/ Asphalt
Minor Concrete/ Asphalt
Motor Court Macadam
Sidewalk Macadam
Pathwalk/ Alley Macadam

• Concrete road pavement shall have a minimum thickness of 150mm and a

minimum compressive strength of 20.7MPa at 28 days. Asphalt pavement
shall have a minimum thickness of 50mm.

Water Supply • Mandatory connection to appropriate public water system

• Each subdivision shall have at least an operational deep well and pump sets
with sufficient capacity to provide Average Daily Demand (ADD) to all
homeowners provided further that a spare pump and motor set is reserved
• Water supply shall be potable and adequate

Minimum water supply • 150 liters per capita per day for household connection
requirement

Fire protection • Provision for fire protection shall comply with the requirements of the Fire
demand Code of the Philippines

Page 32 of 42
Electrical Power • Mandatory individual household connection to primary and alternate sources
Supply of power if services are available in the locality
• Mandatory provision of street lighting per pole if 50-meter in distance; at
every other pole if distance is less than 50-meters.
• Electric bills shall be proportionately shouldered by users prior to issuance
of COC and turnover of open space to LGU
• Installation practices, materials and fixtures used shall be in accordance with
the provision of the Philippines Electrical Code and local utility company

Drainage System • The drainage system for economic and socialized housing projects shall be
made of concrete lined canal with adequate capacity and with load bearing
cover
• The drainage system must conform with the natural drainage pattern of the
subdivision site, and shall drain into appropriate water bodies, public
drainage system or natural outfalls
• If applicable, underground drainage system shall be provided with adequate
reinforced concrete pipe (RCP), catch basins, manholes/ inlets and cross
drain for efficient maintenance. Minimum drainage pipe diameter shall be
300 mm.
Sewage Disposal
System
a. Septic tank • Construction of Individual septic tank conforming to the standards and
design of the Sanitation Code of the Philippines (PD 856) and its IRR.

b. Connection • Whenever applicable, connection shall be made to an approved public or

Community sewer community sewer system subject to the requirements and provisions of the
system Sanitation Code of the Philippines and other applicable rules and regulations

Garbage Disposal Provide sanitary and efficient refuse collection and disposal system whether
System independently or in conjunction with the local government garbage collection and
disposal services
Shelter Component Economic Housing Socialized Housing

Minimum Floor Area

a. Single detached 22 square meters 18 square meters
b. Duplex 22 square meters 18 square meters
c. Rowhouse 22 square meters 18 square meters
Mandatory provision of firewall for duplexes/ single-attached units and at every
unit for rowhouses (See Figure 10)

The number of rowhouses

exceed 20 units per block/
cluster but in no case shall
this be more than 100
meters in length

Page 33 of 42
Minimum Level of
Completion
a. Single detached Complete house (based on the Shell house (with doors & windows to
submitted specification) enclose the unit)
b. Duplex/ Single Attached Complete house (based on the Shell house (with doors & windows to
submitted specification) enclose the unit)
c. Rowhouse Complete house (based on the Shell house (with doors & windows to
submitted specification) enclose the unit)
Setback/ Yard
a. Front setback 1.50 meters
b. Side yard 1.50 meters (from the building line)
c. Rear yard 2.00 meters
d. abutment May be allowed per requirement of the National Building Code of the Philippines

Section 6. Building Design Standards and Guidelines

Projects incorporating housing components shall comply with the following design standards and
guidelines.

A. Single-Family Dwelling (Applicable for both Economic and Socialized Housing)

1. Lot Planning

a. Access to the Property

Direct access to the single-family dwelling shall be provided by means of an abutting public
street or pathwalk. However, pathwalk shall only be allowed as pedestrian access to property for
Socialized Housing projects.

b. Access to the Dwelling Unit

An independent means of access to the dwelling unit shall be provided without trespassing
adjoining properties. Acceptable means of access to the rear yard of the dwelling unit shall be
provided without passing through any other dwelling unit or any other yard.

c. Open Space Requirements

Open spaces shall be located totally or distributed anywhere within the lot in such a
manner as to provide maximum light and ventilation into the building.

d. Sizes and Dimensions of Courts or Yards

The minimum horizontal dimension of courts and yards shall not be less than 2.0 meters.
All inner courts shall be connected to a street or yard, either by a passageway with a minimum
width of 1.20 meters or by a door through a room or rooms. Every court shall have a width of not
less than 2.0 meters for one and two storey buildings. However, this may be reduced to not less
than 1.50 meters in cluster living units such as quadruplexes, row houses and the like, one or two
stories in height with adjacent courts with an area of not less than 3 square meters. Provided,
further, that the separation walls or fences, if any, shall not be higher than 2.0 meters. Irregularly
shaped lots such as triangular lots and the like whose courts may also be triangular in shape may
be exempted from having a minimum width of 2.0 meters, provided that no side thereof shall be
less than 3.0 meters.

Page 34 of 42
e. Abutments
Abutments on the side and rear property lines may be allowed provided the following
requirements shall be complied with:

1) Open space as prescribed in the table below:

2) Window opening as prescribed in number 2.C.2 below.

3) Firewall shall have a minimum of one-hour fire resistive rating.

2. Building Design Standards (Applicable for both Economic and Socialized Housing)

a. Space Standards
Spaces within the dwelling structures shall be distributed in an economical, efficient and
practical manner so as to afford the maximum living comfort and convenience and to insure health
and safety among the occupants. It shall provide complete living facilities for one family including
provisions for living, sleeping, laundry, cooking, eating, bathing and toilet facilities.

b. Ceiling Heights

1) Minimum ceiling height for habitable rooms shall be measured from the finished floor line to
the ceiling line. Where ceilings are not provided, a minimum headroom clearance of 2.0 meters
shall be provided. (See Fig. 5: Minimum Ceiling Heights)

2) Mezzanine floors shall have a clear ceiling height of not less than 1.80 meters above and below
it, provided that it shall not cover 50% of the floor area below it. (See Fig. 6: Mezzanine Floor)
Page 35 of 42
c. Openings

1) Doors
a) A minimum of one entrance/exit shall be provided where the number of occupants is not
more than 10 and 2 entrances/exits where the number of occupants is greater than 10.

b) Doors shall have a minimum clear height of 2.0 meters. Except for bathroom and
mezzanine doors which shall have a minimum clear height of 1.80 meters.

c) Minimum clear widths of doors shall be as follows:

Main Door 0.80 m.
Service/Bedroom Doors 0.70 m.
Bathroom Door 0.60 m.

2) Windows
a) Rooms for habitable use shall be provided with windows with a total free area of openings
equal to at least 10% of the floor area of the room.

b) Bathrooms shall be provided with window/s with an area not less than 1/20 of its floor area.

c) Required windows may open into a roofed porch where the porch:
c.1 abuts court, yard, public street or alley, or open water course and other public open
spaces; c.2 has a ceiling height of not less than 2.0 meters.

3) Interior Stairs
The stairs shall ensure structural safety for ascent and descent, even in extreme cases
of emergency. It shall afford adequate headroom and space for the passage of furniture.

a) Width. Stairways shall have a minimum clear width of 0.60 meter.

b) Riser and Run. Stairs shall have a maximum riser height of 0.25 meter and a minimum
tread width of 0.20 meter. Stair treads shall be exclusive of nosing and/or other projections.

c) Headroom Clearance. Stairs shall have a minimum headroom clearance of 2.0 meters.
Such clearance shall be established by measuring vertically from a place parallel and tangent
to the stairway tread moving to the soffit above all points.

Page 36 of 42
 d) Landings. Every landing shall have a dimension measured in the direction of travel equal
to the width of the stairway. Maximum height between landing shall be 3.60 meters.

e) Handrails. Stairways shall have at least one handrail on one side provided there is a guard
or wall on the other side. However, stairways with less than 4 risers need not have handrails,
and stairs with either a guard or wall on one end need not be provided with a handrail on that
end.

f) Guard and Handrail Details. The design of guards and handrails and hardware for
attaching handrails to guards, balusters of masonry walls shall be such that these are made
safe and convenient.
f.1 Handrails on stairs shall not be less than 0.80 meter or more than 1.20 meters above the
upper surface of the tread, measured vertically to the top of the rail from the leading edge of
the tread. (See Fig. 8: Stairway Design)
f.2 Handrails shall be so designed as to permit continuous sliding of hands on them and shall
be provided with a minimum clearance of 38 millimeters from the wall to which they are
fastened. (See Fig. 8: Stairway Design).
f.3 The height of guards shall be measured vertically to the top guard from the leading edge
of the tread or from the floor of landings. It shall not be less than 0.80 meter and no more than
1.20 meters. Masonry walls may be used for any portion of the guard.

g) Winding and Circular Stairways. Winding and circular stairways may be used if the
required width of run is provided at a point not more than 300 millimeters from the side of the
stairway where the treads are narrower but in no case shall any width of run be less than 150
milimeters at any point. The maximum variation in the height of risers and the width of treads
in any one flight shall be 5 milimeters. (See Fig. 9: Winding and Circular Stairways)

Page 37 of 42
 h) Ladders. The use of ladders may be allowed provided that the maximum distance between
landings shall be 1.80 meters.

d. Roofing
Roofing material that is impervious to water shall be provided.

e. Electrical Requirements
There shall be provided at least one light outlet and one convenience outlet per activity
area.

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

Whenever a dwelling abuts on a property line, a firewall shall be required. The firewall
shall be of masonry construction, at least 150 millimeters or 6 inches thick and extend vertically
from the lowest portion of the wall adjoining the living units up to a minimum height of 0.30 meter
above the highest point of the roof attached to it. The firewall shall also extend horizontally up to
a minimum distance of 0.30 meter beyond the outermost edge of the abutting living units.

A firewall shall be provided for duplex/single-attached units and at every unit for row
houses. No openings whatsoever shall be allowed except when the two abutting spaces of 2
adjacent living units are unenclosed or partially open, e.g. carports, terraces, patios, etc.; instead,
a separation wall shall be required. (See Fig. 10: Firewall for Dwelling Units on Property Line).

Ceiling should be compartmentalized and should not be continuous from one living unit to
another.

B. Multi-Family Dwellings and Condominiums (Applicable for both Economic and Socialized
Housing)

1. Lot Planning

a. Access to the property. Direct vehicular access to the property shall be provided by means
of an abutting improved public street.

b. Access to the dwelling. An independent means of access shall be provided to each dwelling,
or group of dwellings in a single plot, without trespassing adjoining properties. Each dwelling must
be capable of maintenance without trespassing adjoining units. Utilities and service facilities must
be independent for each dwelling unit. Each dwelling unit shall be provided with a sanitary means
for the removal of garbage and trash.

Page 38 of 42
c. Access to living units. An independent means of access to each living units shall be provided
without passing through any yard of a living unit or any other yard.

d. Non-residential use. Portions of the property may be designed for nonresidential use provided
the type of non-residential use is harmonious or compatible with the residential character of the
property. Some examples of allowable non-residential uses are private clinic/office, garages, and
carports.

The computation of the non-residential area shall include hallways, corridors or similar
spaces which serve both residential and nonresidential areas. (See Fig. 11: Non-Residential Use)

e. Cooperative store, and structures for the homeowners’ association. Any non-residential
use of any portion of the property shall be subordinate to the residential use and character of the
property. The floor area authorized for non-residential use, whether in the principal dwelling
structure or in any accessory building, shall not exceed 25% of the total residential area.

f. Open Space Requirements. Portions of the property shall be devoted to open space to provide
adequate light, ventilation and fire safety.

1) Setbacks from the property line shall be maintained, the minimum of which shall be the
following:

2) Distance between buildings shall also be adequately maintained to ensure light and
ventilation. In general, the minimum distance between 2 buildings in which the taller buildings
does not exceed 2 storeys shall be 4.0 meters. And the minimum horizontal clearance
between the two roof eaves shall be 1.50 meters. (See Fig. 12: Distance Between 2-Storey
Buildings)

Page 39 of 42
The minimum distance between two buildings wherein the taller building has 3 or 4 storeys, shall
be 6.0 meters. And the minimum horizontal clearance between the two roof eaves shall be 2.0
meters. (See Fig. 13: Distance Between 3-Storey Buildings)

The minimum distance between buildings with more than 4 storeys shall be 10 meters. The
minimum horizontal clearance shall be 6.0 meters.

Except, however, in cases when the two sides of the buildings facing each other are blank walls,
i.e., either there are no openings or only minimal openings for comfort rooms, the minimum
distance between the buildings shall be 2.0 meters. And the horizontal clearance between the
roof eaves shall be 1.0 meter. (See Fig. 14: Distance Between Blank Walls of Two Buildings)

Page 40 of 42
 In the measurement of distance
between two buildings,
measurement shall be made
where the distance between
the two buildings is shortest.
(See Fig. 15: Measurement of
Distance Between Buildings)

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

For multi-family dwellings and condominiums, the parking requirement shall be one (1) parking
slot per eight (8) living units. The size of an average automobile (car) parking slot must be
computed at 2.5 meters by 5.0 meters for perpendicular or diagonal parking and at 2.15 meters
by 6.0 meters for parallel parking.

The driveway may be used as parking area provided that the minimum right-of-way shall be
maintained. (See figure 16: Parking Layout).

Suggested Readings

https://www.sheltercluster.org/sites/default/files/docs/Rules%20and%20regulations%20BP220%
20Revised.pdf

https://hlurb.gov.ph/wp-content/uploads/laws-and-issuances/Revised_IRR_BP220_2008.pdf

Prepared by: Ar. Marisol T Mandadero, April 2021 PPA 321 Final term Module
Page 41 of 42
Page 42 of 42