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Batas Pambansa 185 AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND FOR OTHER PURPOSES Section 1. In Implementation of Section fifteen of Article XIV of the Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private land, for use by him as his residence, subject to the provisions of this Act. Section 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence.? In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized. Section 3. A transferee under this Act may acquire not more than two lots which should be situated in different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not exceed one thousand square meters in the case of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from acquiring rural land, and vice versa. Section 4. As used in this Act – a) A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship. b) Urban areas shall include: 1. In their entirety, all municipal jurisdictions which whether designated as chartered cities,provincial capitals or not, have a population density of at least 1,000 persons per square kilometer; 2. Poblaciones or central districts of municipalities and cities which have a population density of at least 500 persons per square kilometer; 3. Poblaciones or central districts (not included in 1 and 2) regardless of population size which have the following: * Street pattern, i.e., network of streets in either at parallel or right angle orientation * At least six establishments (commercial, manufacturing, recreational

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Batas Pambansa 185AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND FOR OTHER PURPOSES Section 1. In Implementation of Section fifteen of Article XIV of the Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private land, for use by him as his residence, subject to the provisions of this Act. Section 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence.? In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized. Section 3. A transferee under this Act may acquire not more than two lots which should be situated in different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not exceed one thousand square meters in the case of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from acquiring rural land, and vice versa. Section 4. As used in this Act a) A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship. b) Urban areas shall include: 1. In their entirety, all municipal jurisdictions which whether designated as chartered cities,provincial capitals or not, have a population density of at least 1,000 persons per square kilometer; 2. Poblaciones or central districts of municipalities and cities which have a population density of at least 500 persons per square kilometer; 3. Poblaciones or central districts (not included in 1 and 2) regardless of population size which have the following:

* Street pattern, i.e., network of streets in either at parallel or right angle orientation * At least six establishments (commercial, manufacturing, recreational and/or personalservices) * At least three of the following:1. A town hall, church or chapel with religious services at least once a month; 2. A public plaza, park or cemetery; 3. A market place or building where trading activities are carried on at least once aweek; 4. A public building like a school, hospital, puericulture and health center or library.

4. Barangays having at least 1,000 inhabitants which meet the conditions set forth in sub-paragraph (3) of paragraph (b) above, and in which the occupation of the inhabitants is predominantly other than farming or fishing. c) All other areas of the Philippines which do not meet the conditions in the preceding definition of urban areas shall be considered as rural areas. Section 5. Transfer as a mode of acquisition of private land under this Act refers to either voluntary or involuntary sale, devise or donation.? Involuntary sales shall include sales on tax delinquency, foreclosures and executions of judgment. Section 6. In addition to the requirements provided for in other laws for the registration of titles to lands, no private land shall be transferred under this Act, unless the transferee shall submit to the register of deeds of the province or city where the property is located a sworn statement showing the date and place of his birth; the names and addresses of his parents, of his spouse and children, if any; the area, location and the mode of acquisition of his land-holdings in the Philippines, if any; his intention to reside permanently in the Philippines; the date he lost his Philippine citizenship and the country of which he is presently a citizen; and such other information as may be required Section 8 of this Act. Section 7. The transferee shall not use the lands acquired under this Act for any purpose other than for his residence. Violations of this Section, any misinterpretation in the sworn statement required under Section 6 hereof, any acquired within two years from the acquisition thereof, except when such failure is Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their improvements to the National Government. For this purpose the Solicitor General or his representative shall institute escheat proceedings. Any transferee liable under this Section shall moreover be forever barred from further availing of the privilege granted under this Act. Section 8. The Minister of Justice shall issue such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall take effect fifteen days following its publication in a newspaper of general circulation in the Philippines. Section 9. If any part of this Act shall be declared unconstitutional, the remaining provisions not thereby affected shall remain in full force and effect. Section 10. This Act shall take effect upon its approval. Approved: March 16, 1982

BATAS PAMBANSA BLG. 220 AN ACT AUTHORIZING THE MINISTRY OF HUMAN SETTLEMENTS TO ESTABLISH AND PROMULGATE DIFFERENT LEVELS OF STANDARDS AND TECHNICAL REQUIREMENTS FOR ECONOMIC AND SOCIALIZED HOUSING PROJECTS IN URBAN AND RURAL AREAS FROM THOSE PROVIDED UNDER PRESIDENTIAL DECREES NUMBERED NINE HUNDRED FIFTY-SEVEN, TWELVE HUNDRED SIXTEEN, TEN HUNDRED NINETY-SIX AND ELEVEN HUNDRED EIGHTY-FIVE BE IT ENACTED BY THE BATASANG PAMBANSA IN SESSION ASSEMPLED: SECTION 1. It is hereby declared a policy of the Government to promote and encourage the development of economic and socialized housing projects, primarily by the private sector, in order to make available adequate economic and socialized housing units for average and low-income earners in urban and rural areas. SECTION 2. As used in this Act, economic and socialized housing refers to housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. It shall also refer to the government-initiated sites and services development and construction of economic and socialized housing projects in depressed areas. SECTION 3. To carry out the foregoing policy, the Ministry of Human Settlements is authorized to establish and promulgate different levels of standards and technical requirements for the development of economic and socialized housing projects and economic and socialized housing units in urban and rural areas from those provided in Presidential Decree Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision and Condominium Buyers' Protective Decree," Presidential Decree Numbered Twelvehundred and sixteen, "Defining Open Space in Residential Subdivision"; Presidential Decree Numbered Ten Hundred and ninety-six, otherwise known as the "National Building Code of the Philippines"; and Presidential Decree Numbered Eleven hundred and eighty-five, otherwise known as the "Fire Code of the Philippines" and the rules and regulations promulgated thereunder, in consultation with the Ministry of Public Works and Highways, the Integrated National Police, and other appropriate government units and instrumentalities and private associations. SECTION 4. The standards and technical requirements to be established under Section three hereof shall provide for environmental ecology, hygiene and cleanliness, physical, cultural and spiritual development and public safety and may vary in each region, province or city depending on the availability of indigenous materials for building construction and other relevant factors. SECTION 5. The different levels of standards and technical requirements that shall be established and promulgated by the Ministry of Human Settlements only after public hearing and shall be published in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks and shall take effect thirtydays after the last publication. SECTION 6. This Act shall take effect upon its approval.

PRESIDENTIAL DECREE No. 957 July 12, 1976 REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF WHEREAS, it is the policy of the State to afford its inhabitants the requirements of decent human settlement and to provide them with ample opportunities for improving their quality of life; WHEREAS, numerous reports reveal that many real estate subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers; WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value; WHEREAS, these acts not only undermine the land and housing program of the government but also defeat the objectives of the New Society, particularly the promotion of peace and order and the enhancement of the economic, social and moral condition of the Filipino people; WHEREAS, this state of affairs has rendered it imperative that the real estate subdivision and condominium businesses be closely supervised and regulated, and that penalties be imposed on fraudulent practices and manipulations committed in connection therewith. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: Title I TITLE AND DEFINITIONS Section 1. Title. This Decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE. Section 2. Definition of Terms When used in this Decree, the following terms shall, unless the context otherwise indicates, have the following respective meanings: (a) Person. "Person" shall mean a natural or a juridical person. A juridical person refers to a business firm whether a corporation, partnership, cooperative or associations or a single proprietorship. (b) Sale or sell. "Sale" or "sell" shall include every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, including the building and other improvements thereof, if any, in a subdivision project or a condominium unit in a condominium project. "Sale" and "sell" shall also include a contract to sell, a contract of purchase and sale, an exchange, an attempt to sell, an option of sale or purchase, a solicitation of a sale, or an offer to sell, directly or by an agent, or by a circular, letter, advertisement or otherwise.

A privilege given to a member of a cooperative, corporation, partnership, or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in, or right to, any land in consideration of payment of the membership fee or dues, shall be deemed a sale within the meaning of this definition. (c) Buy and purchase. The "buy" and "purchase" shall include any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, including the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project. (d) Subdivision project. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project. (e) Subdivision lot. "Subdivision lot" shall mean any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project. (f) Complex subdivision plan. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan. (g) Condominium project. "Condominium project" shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, including all structures thereon. (h) Condominium unit. "Condominium unit" shall mean 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 of parts of floors) in a building or buildings and such accessories as may be appended thereto. (i) Owner. "Owner" shall refer to the registered owner of the land subject of a subdivision or a condominium project. (j) Developer. "Developer" shall mean the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof. (k) Dealer. "Dealer" shall mean any person directly engaged as principal in the business of buying, selling or exchanging real estate whether on a full-time or part-time basis. (l) Broker. "Broker" shall mean any person who, for commission or other compensation, undertakes to sell or negotiate the sale of a real estate belonging to another. (m) Salesman. "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. (n) Authority. "Authority" shall mean the National Housing Authority.

Title II REGISTRATION AND LICENSE TO SELL Section 3. National Housing Authority The National Housing Authority shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree. Section 4. Registration of Projects The registered owner of a parcel of land who wishes to convert the same into a subdivision project shall submit his subdivision plan to the Authority which shall act upon and approve the same, upon a finding that the plan complies with the Subdivision Standards' and Regulations enforceable at the time the plan is submitted. The same procedure shall be followed in the case of a plan for a condominium project except that, in addition, said Authority shall act upon and approve the plan with respect to the building or buildings included in the condominium project in accordance with the National Building Code (R.A. No. 6541). The subdivision plan, as so approved, shall then be submitted to the Director of Lands for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act (Act No. 496, as amended by R.A. No. 440): Provided, that it case of complex subdivision plans, court approval shall no longer be required. The condominium plan as likewise so approved, shall be submitted to the Register of Deeds of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act (R.A. No. 4726). The owner or the real estate dealer interested in the sale of lots or units, respectively, in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement containing the following information: (a) Name of the owner; (b) The location of the owner's principal business office, and if the owner is a non-resident Filipino, the name and address of his agent or representative in the Philippines is authorized to receive notice; (c) The names and addresses of all the directors and officers of the business firm, if the owner be a corporation, association, trust, or other entity, and of all the partners, if it be a partnership; (d) The general character of the business actually transacted or to be transacted by the owner; and (e) A statement of the capitalization of the owner, including the authorized and outstanding amounts of its capital stock and the proportion thereof which is paid-up. The following documents shall be attached to the registration statement: (a) A copy of the subdivision plan or condominium plan as approved in accordance with the first and second paragraphs of this section. (b) A copy of any circular, prospectus, brochure, advertisement, letter, or communication to be used for the public offering of the subdivision lots or condominium units;

(c) In case of a business firm, a balance sheet showing the amount and general character of its assets and liabilities and a copy of its articles of incorporation or articles of partnership or association, as the case may be, with all the amendments thereof and existing by-laws or instruments corresponding thereto. (d) A title to the property which is free from all liens and encumbrances: Provided, however, that in case any subdivision lot or condominium unit is mortgaged, it is sufficient if the instrument of mortgage contains a stipulation that the mortgagee shall release the mortgage on any subdivision lot or condominium unit as soon as the full purchase price for the same is paid by the buyer. The person filing the registration statement shall pay the registration fees prescribed therefor by the Authority. Thereupon, the Authority shall immediately cause to be published a notice of the filing of the registration statement at the expense of the applicant-owner or dealer, in two newspapers general circulation, one published in English and another in Pilipino, once a week for two consecutive weeks, reciting that a registration statement for the sale of subdivision lots or condominium units has been filed in the National Housing Authority; that the aforesaid registration statement, as well as the papers attached thereto, are open to inspection during business hours by interested parties, under such regulations as the Authority may impose; and that copies thereof shall be furnished to any party upon payment of the proper fees. The subdivision project of the condominium project shall be deemed registered upon completion of the above publication requirement. The fact of such registration shall be evidenced by a registration certificate to be issued to the applicant-owner or dealer. Section 5. License to sell. Such owner or dealer to whom has been issued a registration certificate shall not, however, be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a license to sell the project within two weeks from the registration of such project. The Authority, upon proper application therefor, shall issue to such owner or dealer of a registered project a license to sell the project if, after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto, he is convinced that the owner or dealer is of good repute, that his business is financially stable, and that the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent. Section 6. Performance Bond. No license to sell subdivision lots or condominium units shall be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall have filed an adequate performance bond approved by said Authority to guarantee the construction and maintenance of the roads, gutters, drainage, sewerage, water system, lighting systems, and full development of the subdivision project or the condominium project and the compliance by the owner or dealer with the applicable laws and rules and regulations. The performance bond shall be executed in favor of the Republic of the Philippines and shall authorize the Authority to use the proceeds thereof for the purposes of its undertaking in case of forfeiture as provided in this Decree. Section 7. Exempt transactions. A license to sell and performance bond shall not be required in any of the following transactions:

(a) Sale of a subdivision lot resulting from the partition of land among co-owners and coheirs. (b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot. (c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt. Section 8. Suspension of license to sell. Upon verified complaint by a buyer of a subdivision lot or a condominium unit in any interested party, the Authority may, in its discretion, immediately suspend the owner's or dealer's license to sell pending investigation and hearing of the case as provided in Section 13 hereof. The Authority may motu proprio suspend the license to sell if, in its opinion, any information in the registration statement filed by the owner or dealer is or has become misleading, incorrect, inadequate or incomplete or the sale or offering for a sale of the subdivision or condominium project may work or tend to work a fraud upon prospective buyers. The suspension order may be lifted if, after notice and hearing, the Authority is convinced that the registration statement is accurate or that any deficiency therein has been corrected or supplemented or that the sale to the public of the subdivision or condominium project will neither be fraudulent not result in fraud. It shall also be lifted upon dismissal of the complaint for lack of legal basis. Until the final entry of an order of suspension, the suspension of the right to sell the project, though binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated. Section 9. Revocation of registration certificate and license to sell. The Authority may, motu proprio or upon verified complaint filed by a buyer of a subdivision lot or condominium unit, revoke the registration of any subdivision project or condominium project and the license to sell any subdivision lot or condominium unit in said project by issuing an order to this effect, with his findings in respect thereto, if upon examination into the affairs of the owner or dealer during a hearing as provided for in Section 14 hereof, if shall appear there is satisfactory evidence that the said owner or dealer: (a) Is insolvent; or (b) has violated any of the provisions of this Decree or any applicable rule or regulation of the Authority, or any undertaking of his/its performance bond; or (c) Has been or is engaged or is about to engage in fraudulent transactions; or (d) Has made any misrepresentation in any prospectus, brochure, circular or other literature about the subdivision project or condominium project that has been distributed to prospective buyers; or (e) Is of bad business repute; or (f) Does not conduct his business in accordance with law or sound business principles.

Where the owner or dealer is a partnership or corporation or an unincorporated association, it shall be sufficient cause for cancellation of its registration certificate and its license to sell, if any member of such partnership or any officer or director of such corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual dealer, broker or salesman as provided in Section 11 hereof. Section 10. Registers of subdivision lots and condominium units. A record of subdivision lots and condominium units shall be kept in the Authority wherein shall be entered all orders of the Authority affecting the condition or status thereof. The registers of subdivision lots and condominium units shall be open to public inspection subject to such reasonable rules as the Authority may prescribe. Title III DEALERS, BROKERS AND SALESMEN Section 11. Registration of dealers, brokers and salesmen. No real estate dealer, broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions of this section. If the Authority shall find that the applicant is of good repute and has complied with the applicable rules of the Authority, including the payment of the prescribed fee, he shall register such applicant as a dealer, broker or salesman upon filing a bond, or other security in lieu thereof, in such sum as may be fixed by the Authority conditioned upon his faithful compliance with the provisions of this Decree: Provided, that the registration of a salesman shall cease upon the termination of his employment with a dealer or broker. Every registration under this section shall expire on the thirty-first day of December of each year. Renewal of registration for the succeeding year shall be granted upon written application therefor made not less than thirty nor more than sixty days before the first day of the ensuing year and upon payment of the prescribed fee, without the necessity of filing further statements or information, unless specifically required by the Authority. All applications filed beyond said period shall be treated as original applications. The names and addresses of all persons registered as dealers, brokers, or salesmen shall be recorded in a Register of Brokers, Dealers and Salesmen kept in the Authority which shall be open to public inspection. Section 12. Revocation of registration as dealers, brokers or salesmen. Registration under the preceding section may be refused or any registration granted thereunder, revoked by the Authority if, after reasonable notice and hearing, it shall determine that such applicant or registrant: 1. Has violated any provision of this Decree or any rule or regulation made hereunder; or 2. Has made a material false statement in his application for registration; or 3. Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit; or 4. Has demonstrated his unworthiness to transact the business of dealer, broker, or salesman, as the case may be.

In case of charges against a salesman, notice thereof shall also be given the broker or dealer employing such salesman. Pending hearing of the case, the Authority shall have the power to order the suspension of the dealer's, broker's, of salesman's registration; provided, that such order shall state the cause for the suspension. The suspension or revocation of the registration of a dealer or broker shall carry with it all the suspension or revocation of the registrations of all his salesmen. Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE Section 13. Hearing. In the hearing for determining the existence of any ground or grounds for the suspension and/or revocation of registration certificate and license to sell as provided in Section 8 and 9 hereof, the following shall be complied with: (a) Notice. No such hearing shall proceed unless the respondent is furnished with a copy of the complaint against him or is notified in writing of the purpose of such hearing. (b) Venue. The hearing may be held before the officer or officers designated by the Authority on the date and place specified in the notice. (c) Nature of proceeding. The proceedings shall be non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law. The Rules of court shall not apply in said hearing except by analogy or in a suppletory character and whenever practicable and convenient. (d) Power incidental to the hearing. For the purpose of the hearing or other proceeding under this Decree, the officer or officers designated to hear the complaint shall have the power to administer oaths, subpoena witnesses, conduct ocular inspections, take depositions, and require the production of any book, paper, correspondence, memorandum, or other record which are deemed relevant or material to the inquiry. Section 14. Contempt. (a) Direct contempt. The officer or officers designated by the Authority to hear the complaint may summarily adjudge in direct contempt any person guilty of misbehavior in the presence of or so near the said hearing officials as to obstruct or interrupt the proceedings before the same or of refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. The person found guilty of direct contempt under this section shall be punished by a fine not exceeding Fifty (P50.00) Pesos or imprisonment not exceeding five (5) days, or both. (b) Indirect contempt. The officer or officers designated to hear the complaint may also adjudge any person in indirect contempt on grounds and in the manner prescribed in Rule 71 of the Revised Rules of Court. Section 15. Decision. The case shall be decided within thirty (30) days from the time the same is submitted for decision. The Decision may order the revocation of the registration of the subdivision or condominium project, the suspension, cancellation, or revocation of the license to sell and/or

forfeiture, in whole or in part, of the performance bond mentioned in Section 6 hereof. In case forfeiture of the bond is ordered, the Decision may direct the provincial or city engineer to undertake or cause the construction of roads and of other requirements for the subdivision or condominium as stipulated in the bond, chargeable to the amount forfeited. Such decision shall be immediately executory and shall become final after the lapse of 15 days from the date of receipt of the Decision. Section 16. Cease and Desist Order. Whenever it shall appear to the Authority that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree, or of any rule or regulation thereunder, it may, upon due notice and hearing as provided in Section 13 hereof, issue a cease and desist order to enjoin such act or practices. Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated. Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together with the corresponding owner's duplicate certificate of title, is presented to the Register of Deeds for registration, the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that it there is a street, passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of a city or municipality, no portion of any street, passageway, or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree. Section 18. Mortgages. No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan. The buyer may, at his option, pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for, with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereto; Section 19. Advertisements. Advertisements that may be made by the owner or developer through newspaper, radio, television, leaflets, circulars or any other form about the subdivision or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public. The owner or developer shall answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree. Section 20. Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting

facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority. Section 21. Sales Prior to Decree. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within two years from the date of this Decree unless otherwise extended by the Authority or unless an adequate performance bond is filed in accordance with Section 6 hereof. Failure of the owner or developer to comply with the obligations under this and the preceding provisions shall constitute a violation punishable under Sections 38 and 39 of this Decree. Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision. Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same. Such buyer may, at his option, be reimbursed the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate. Section 24. Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552. Where the transaction or contract was entered into prior to the effectivity of Republic Act No. 6552 on August 26, 1972, the defaulting buyer shall be entitled to the corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary. Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith. Section 26. Realty Tax. Real estate tax and assessment on a lot or unit shall de paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer; Provided, however, that if the buyer has actually taken possession of and occupied the lot or unit, he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy.

Section 27. Other Charges. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project. Section 28. Access to Public Offices in the Subdivisions. No owner or developer shall deny any person free access to any government office or public establishment located within the subdivision or which may be reached only by passing through the subdivision. Section 29. Right of Way to Public Road. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned. Section 30. Organization of Homeowners Association. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development. Section 31. Donations of roads and open spaces to local government. The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the Authority. Section 32. Phases of Subdivision. For purposes of complying with the provisions of this Decree, the owner or developer may divide the development and sale of the subdivision into phases, each phase to cover not less than ten hectares. The requirement imposed by this Decree on the subdivision as a whole shall be deemed imposed on each phase. Section 33. Nullity of waivers. Any condition, stipulation, or provision in contract of sale whereby any person waives compliance with any provision of this Decree or of any rule or regulation issued thereunder shall be void. Section 34. Visitorial powers. This Authority, through its duly authorized representative may, at any time, make an examination into the business affairs, administration, and condition of any person, corporation, partnership, cooperative, or association engaged in the business of selling subdivision lots and condominium units. For this purpose, the official authorized so to do shall have the authority to examine under oath the directors, officers, stockholders or members of any corporation, partnership, association, cooperative or other persons associated or connected with the business and to issue subpoena or subpoena duces tecum in relation to any investigation that may arise therefrom. The Authority may also authorize the Provincial, City or Municipal Engineer, as the case may be, to conduct an ocular inspection of the project to determine whether the development of said project conforms to the standards and specifications prescribed by the government. The books, papers, letters, and other documents belonging to the person or entities herein mentioned shall be open to inspection by the Authority or its duly authorized representative.

Section 35. Take-over Development. The Authority, may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer, jointly and severally, in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree. The Authority may, after such take-over, demand, collect and receive from the buyers the installment payments due on the lots, which shall be utilized for the development of the subdivision. Section 36. Rules and Regulations. The Authority shall issue the necessary standards, rules and regulations for the effective implementation of the provisions of this Decree. Such standards, rules and regulations shall take effect immediately after their publication three times a week for two consecutive weeks in any newspaper of general circulation. Section 37. Deputization of law enforcement agencies. The Authority may deputize the Philippine Constabulary or any law enforcement agency in the execution of its final orders, rulings or decisions. Section 38. Administrative Fines. The Authority may prescribe and impose fines not exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule or regulation thereunder. Fines shall be payable to the Authority and enforceable through writs of execution in accordance with the provisions of the Rules of Court. Section 39. Penalties. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of not more than twenty thousand (P20,000.00) pesos and/or imprisonment of not more than ten years: Provided, That in the case of corporations, partnership, cooperatives, or associations, the President, Manager or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto. Section 40. Liability of controlling persons. Every person who directly or indirectly controls any person liable under any provision of this Decree or of any rule or regulation issued thereunder shall be liable jointly and severally with and to the same extent as such controlled person unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action. Section 41. Other remedies. The rights and remedies provided in this Decree shall be in addition to any and all other rights and remedies that may be available under existing laws. Section 42. Repealing clause. All laws, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Section 43. Effectivity. This Decree shall take effect upon its approval. Done in the City of Manila, this 12th day of July, in the year of Our Lord, nineteen hundred and seventy-six.

Presidential Decree No. 1185 Repealed by RA 9514

August 26, 1977

FIRE CODE OF THE PHILIPPINES WHEREAS, death and injury to persons and loss and damage to property by fire have reached alarming proportion that the economic and social gains of the society are being continually undermined; WHEREAS, in order to effect a meaningful reduction of the alarming fire losses, there is a need to develop national consciousness and involvement of all persons in the prevention and suppression of fires; WHEREAS, fire prevention and suppression require the adoption of uniform fire safety standards, the incorporation of fire safety construction and provision of protective and safety devices in buildings and structures; WHEREAS, there is an urgent need for an agency primarily responsible for the implementation and coordination of the activities of all sectors of society on fire safety, prevention and suppression; WHEREAS, in order to effectively implement all efforts to minimize the occurrence of fires and their destructive effects, full financial, equipment and personnel support by the government and the private sector is necessary; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following: Section 1. Title. This Decree and the Rules and Regulations for its implementation shall be known as the "Fire Code of the Philippines" and shall hereinafter be referred to as the "Fire Code". Section 2. Declaration Of Policies. The following are declared policies of the State: (a) The government, with the cooperation of the private sector, shall develop and promulgate sets of standards and regulations taking into consideration the latest development in fire technology suitable to Philippine conditions; (b) Fire prevention and fire safety shall be given equal, if not greater emphasis as the suppression or extinguishment of fires. Fire prevention education shall be undertaken continuously involving all sectors of the community; (c) The Fire Service of the Integrated National Police shall endeavor to respond to all fires before they reach critical and conflagration stages. Towards this end, the organization, administration and operation of the Fire Service shall be improved and developed, its personnel and equipment augmented and effective fire alarm systems set up; and (d) The Fire Service shall be professionalized. For this purpose, educational institutions shall endeavor to include in their curricula, courses on fire technology and fire protection engineering.

Section 3. Definition Of Terms. As used in this Fire Code, the following words and phrases shall mean and be construed as indicated: ABATEMENT Any act that would remove or neutralize a fire hazard. ADMINISTRATOR Any person who acts as agent of the owner and manages the use of a building for him. BLASTING AGENT Any material or mixture consisting of a fuel and oxidizer used to set off explosives. CELLULOSE NITRATE OR NITRO CELLULOSE A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material. CELLULOSE NITRATE PLASTIC (PYROXYLIN) Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base. COMBUSTIBLE, FLAMMABLE OR INFLAMMABLE Descriptive of materials that are easily set on fire. COMBUSTIBLE FIBER Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce. COMBUSTIBLE LIQUID Any liquid having a flash point at or above 37.8_C (100_F). CORROSIVE LIQUID Any liquid which causes fire when in contact with organic matter or with certain chemicals. CURTAIN BOARD A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. CRYOGENIC Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. DAMPER A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. DISTILLATION The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance. DUCT SYSTEM A continuous passageway for the transmission of air. DUST A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion. ELECTRICAL ARC An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor.

EMBER A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames. FINISHES Materials used as final coating of a surface for ornamental or protective purposes. FIRE The active principle of burning, characterized by the heat and light of combustion. FIRE TRAP A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. FIRE ALARM Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. FIRE DOOR A fire resistive door prescribed for openings in fire separation walls or partitions. FIRE HAZARD Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. FIRE LANE The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units. FIRE PROTECTIVE AND FIRE SAFETY DEVICE Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. FIRE SAFETY CONSTRUCTIONS Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals. FLASH POINT The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. FORCING A process where a piece of metal is heated prior to changing its shape or dimensions. FULMINATE A kind of stable explosive compound which explodes by percussion. HAZARDOUS OPERATION/PROCESS Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions.

HORIZONTAL EXIT Passageway from one building to another or through or around a wall in approximately the same floor level. HOSE BOX A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. HOSE REEL A cylindrical device turning on an axis around which a fire hose is wound and connected. HYPERGOLIC FUEL A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. INDUSTRIAL BAKING AND DRYING The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. JUMPER A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. OCCUPANCY The purpose for which a building or portion thereof is used or intended to be used. OCCUPANT Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter. ORGANIC PEROXIDE A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature. OVERLOADING The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system. OWNER The person who holds the legal right of possession or title to a building or real property. OXIDIZING MATERIAL A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. PRESSURIZED OR FORCED DRAFT BURNING EQUIPMENT Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. PUBLIC ASSEMBLY BUILDING Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. PUBLIC WAY Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. PYROPHORIC Descriptive of any substance that ignites spontaneously when exposed to air.

REFINING A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis. SELF-CLOSING DOORS Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. SMELTING Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals. SPRINKLER SYSTEM An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. STANDPIPE SYSTEM A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed. VESTIBULE A passage hall or antechamber between the outer doors and the interior parts of a house or building. VERTICAL SHAFT An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building. Section 4. Applicability Of The Code. The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity. Section 5. Grace Period. The owner, administrator or occupant of buildings or structures existing at the time of the effectivity of the Fire Code is given two (2) years to comply with the provisions thereof on fire safety constructions and on protective and warning systems. However, the Director General of the Integrated National Police may prescribe a shorter period depending upon the degree of hazard to be recorded and the cost and extent of the work to be done. Section 6. Responsibility for the Enforcement of this Code. The Fire Service, under the direct supervision and control of the Director General of the Integrated National Police, hereinafter referred to as the "Director General" shall be responsible for the enforcement of this Code, as well as pertinent provisions of other laws pertaining to fire protection or fire safety. With the approval of the Secretary of National Defense, the Director General is hereby authorized to: (a) Issue implementing rules and regulations, and prescribe administrative penalties therefore; (b) Reorganize the Fire Service of the Integrated National Police as may be necessary and appropriate; (c) Enter into long term agreement, either through public biddings or negotiations to include advance payments therefor, for the acquisition of fire prevention, fire protection and fire fighting equipment, supplies and materials and related technical services necessary for the Fire Service; and

(d) Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of corporation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern. Section 7. Technical Staff. The Director General shall constitute a technical staff of highly qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not only from the organic members of the Integrated National Police and other government offices and agencies, but also from other sources. In the latter case, they will either be appointed into the service or hired as consultants in accordance with law. The technical staff shall study, review and evaluate latest developments and standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and evaluate implementation thereof; develop programs on the professionalization of the fire service; coordinate with appropriate government and private institutions for the offering of college courses on fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Director General on any matter brought to his attention; and perform such other functions as directed on any matter brought to his attention and perform such other functions as directed by higher authorities. Section 8. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning Systems. As may be defined and provided in the Rules and Regulations, owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons shall be required to comply with the following, as may be appropriate: a. Inspection Requirement A fire safety inspection shall be conducted by the Director General or his duly authorized representative as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the: (1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire protection and fire safety equipment, and electrical system in any building structure or facility; (2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials; b. Safety Measures for Hazardous Materials Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving: (1) Cellulose nitrate plastic of any kind; (2) Combustible fibers; (3) Cellular materials such as foam, rubber, sponge rubber and plastic foam; (4) Flammable and combustible liquids or gases of any classification; (5) Flammable paints, varnishes, stains and organic coatings; (6) High-piled or widely spread combustible stock; (7) Metallic magnesium in any form;

(8) Corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as material compounds which when exposed to heat or flame become a fire conductor, or generate excessive smoke or toxic gases; (9) Blasting agents, explosives and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate; (10) Fireworks materials of any kind or form; (11) Matches in commercial quantities; (12) Hot ashes, live coals and embers; (13) Mineral, vegetable or animal oils and other derivatives/by products; (14) Combustible waste materials for recycling or resale; (15) Explosive dusts and vapors; and (16) Agriculture, forest, marine or mineral products which may undergo spontaneous combustion. c. Safety measures for hazardous operation/processes Fire Safety measures shall be required for the following hazardous operation/processes: (1) Welding or soldering; (2) Industrial baking and drying; (3) Waste disposal; (4) Pressurized/forced-draft burning equipment; (5) Smelting and forging; (6) Motion picture projection using electrical arc lamps; (7) Refining, distillation and solvent extraction; and (8) Such other operations or processes as may hereafter be prescribed in the Rules and Regulations. d. Provision on Fire Safety Construction, Protective and Warning System Owners, occupants or administrator or buildings, structures and their premises or facilities, except such other buildings or structures as may be exempted in the rules and regulations to be promulgated under Section 6 hereof, shall incorporate and provide therein fire safety construction, protective and warning system, and shall develop and implement fire safety programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment; (2) Fire Alarm systems; (3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building; (4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, curtain boards and other fire containing or stopping components; (5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area; (6) Stairway, vertical shafts, horizontal exits and other meals of egress sealed from smoke and heat; (7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate exits, displayed prominently on the door of such room; (8) Self-closing fire resistive doors leading to corridors; (9) Fire dampers in centralized air-conditioning ducts; (10) Roof vents for use by fire fighters; and (11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit ways in case of power failure. Section 9. Prohibited Acts. The following are declared as prohibited act and omission. (a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing said violations; (b) Constructing gates, entrances and walkways to buildings components and yards which obstruct the orderly and easy passage of fire fighting vehicles and equipment; (c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly organized and authorized fire brigades; (d) Obstructing designated fire lanes or access to fire hydrants; (e) Overcrowding or admission of persons beyond the authorized capacity in movie houses, theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits;

(f) Locking fire exits during period when people are inside the building; (g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers; (h) Use of fire protective of fire fighting equipment of the Fire Service other than for fire fighting except in other emergencies where their use are justified; (i) Giving false or malicious fire alarms; (j) Smoking in prohibited areas as may be determined by Fire Service, or throwing of cigars, cigarettes, burning objects in places which may start or cause fire; (k) Abandoning or leaving a building or structure by the occupant or owner without appropriate safety measures; (l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag posted or required by the Fire Service for fire safety in any building, structure or processing equipment; and (m) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designated capacity or such other practices that would tend to undermine the fire safety features of the electrical system. Section 10. Abatement of Fire Hazard. Fire hazards shall be abated immediately. For this purpose, the Director General or his duly authorized representative may issue order for such abatement. If the owner, administrator or occupant of buildings, structure and their premises or facilities does not abate the same within the period fixed in said order, the occupancy permit or permit to operate shall be canceled. Any building or structure declared as a firetrap or is causing clear and present fire danger to adjoining establishments and habitations shall be declared a public nuisance, as defined in the Civil Code of the Philippines. If the assessed value of the building or structure is not more than twenty thousand (P20,000.00) pesos, the owner, administrator or occupant thereof shall abate the hazard within thirty (30 days or if the assessed value is more than twenty thousand (P20,000.00) pesos, within sixty (60) days from receipt of the order declaring said building or structure a public nuisance; otherwise, the Director General or his duly authorized representative shall forthwith cause its summary abatement. Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards which shall include but not limited to remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure. The expenses incurred by the government for such summary abatement shall be borne by the owner, administrator or occupant. These expenses shall constitute a prior lien upon such property. Section 11. Enforcement of The Lien. If the owner, administrator or occupant fails to reimburse the government of the expenses incurred in the summary abatement within ninety (90) days from the completion of such abatement, the building or structure shall be sold at public auction in accordance with existing laws and rules. No property subject of lien under Section 10 hereof, may be sold at a price lower than the abatement expenses incurred by the government. The property shall be forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses. Section 12. Penalties.

(a) ADMINISTRATIVE FINE Any person who violates any provision of the Fire Code or any of the rules and regulations promulgated under Section 6 hereof shall be penalized by an administrative fine of not exceeding twelve thousand (P12,000.00) pesos or in the proper case, by stoppage of operations or by closure of such buildings, structures and their premises or facilities which do not comply with the requirements or by both such administrative fine and closure/stoppage of operation to be imposed by the Director General, Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings, structures, and their premises or facilities shall not absolve the violator from correcting the deficiency or abating the fire hazard. The decision of the Director General, under this subsection, may be appealed to the Secretary of National Defense, within fifteen (15) days from the date of receipt of the order imposing the administrative fine, stopping the operations and/or closure. The decision of the Secretary of National Defense shall be final and executory. (b) PUNITIVE In case of willful failure to correct the deficiency or abate the fire hazard as provided in the preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years, or by a fine of not more than twenty thousand (P20,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its officials responsible for such violation, and in case the guilty party is an alien, in addition to the penalties herein prescribed, he shall immediately be deported; Provided, finally, that were the violation is attended by loss of life and/or damage to property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code. Section 13. Appropriation and Sources of Income. (a) To support the manpower, infrastructure and equipment needs of the Fire Service of the Integrated National Police, the sum of one hundred million (P100,000,000.00) pesos is hereby appropriated. Thereafter, the same of such amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and included in the annual appropriation of the Integrated National Police for the next ten (10) years. (b) To partially provide for the funding of the Fire Service the following taxes and fees which shall accrue to the General Fund of the National Government, are hereby imposed: (1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 8 (a) hereof; (2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the use and occupancy permit; (3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or structures annually payable upon payment of the real estate tax, except on structures used as single family dwellings; (4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire, earthquake and explosion hazard insurance collected by companies, persons or agents licensed to sell such insurances in the Philippines;

(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting equipment, appliances or devices, including hazard detection and warning systems; and (6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion hazard preinsurance surveys and post loss service of insurance adjustment companies doing business in the Philippines directly through agents. Section 14. Collection of Taxes, Fees and Fines. All taxes, fees and fines provided in Section 13 hereof, shall be collected by the City or Municipal Treasurer concerned for remittance to the National Treasury. Section 15. Separability Clause. If any provision of this Code or the application of such provisions to any person or circumstance is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 16. Repealing Clause. Provisions of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and Presidential Decree No. 1096, otherwise known as the National Building Code and other laws, decrees, orders or regulations in conflict or inconsistent with the provisions of this Fire Code are hereby repealed or modified accordingly. Section 17. Effectivity. This Fire Code and its Rules and Regulations shall take effect thirty (30) days after their publication in newspapers of general circulation. Done in the City of Manila, this 26th day of August, in the year of Our Lord, nineteen hundred and seventy-seven.

fourteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight. Republic Act No. 9514 Repealed PD 1185 December 19, 2008

AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. This Act shall be known as the "Revised Fire Code of the Philippines of 2008". Section 2. It is the policy of the State to ensure public safety and promote economic development through the prevention and suppression of all kinds of destructive fires and promote the professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws, rules and regulations to ensure adherence to standard fire prevention and safety measures, and promote accountability for fire safety in the fire protection service and prevention service. Section 3. Definition of Terms. - As used in this Fire Code, the following words and phrases shall mean and be construed as indicated: Abatement - Any act that would remove or neutralize a fire hazard. Administrator - Any person who acts as agent of the owner and manages the use of a building for him. Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives. Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material. Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base. Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire. Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce. Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals. Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance. Duct System - A continuous passageway for the transmission of air. Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion. Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor. Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames. Finishes - Materials used as final coating of a surface for ornamental or protective purposes. Fire - The active principle of burning, characterized by the heat and light of combustion. Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions. Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. Fire Lane - The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units. Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other

automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals. Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions. Fulminate - A kind of stable explosive compound which explodes by percussion. Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions. Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same floor level. Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected. Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. Occupancy - The purpose for which a building or portion thereof is used or intended to be used. Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature. Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system. Owner - The person who holds the legal right of possession or title to a building or real property. Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air. Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis. Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals. Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed. Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building. Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building.

Section 4. Applicability of The Code. - The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity. Section 5. Responsibility for the Enforcement of this Code. - This Code shall be administered and enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local Government (DILG), the BFP, is hereby authorized to: a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service charges and administrative penalties therefore as provided in the pertinent provisions of this Code; b. Reorganize the BFP as may be necessary and appropriate; c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related emergency response trainings and competency evaluations to be conducted by the BFP. In the case of the Fire practitiones, they shall undergo mandatory continuous professional education and competency evaluation of their expertise, knowledge and skills in the area of fire science, engineering and technology to be conducted by the BFP; The BFP may enter into external party agreements for the conduct of training, education and evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall be under the full control and supervision of the BFP: Provided, however, That during firefighting operations, fire volunteer organizations shall be under the direct operational control of the fire ground commanders of the BFP; d. Enter into long term agreement, either through public biddings or negotiations in accordance with the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue, paramedics, hazardous material handling equipment, supplies, materials and related technical services necessary for the fire services; e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern; f. Call on the police, other law enforcement agencies, and local government assistance to render necessary assistance in the enforcement of this Code; g. Designate a fire safety inspector through his/her duly authorized representative, who shall conduct an inspection of every building or structure within his area of responsibility at least once a year and every time the owner, administrator or occupant shall renew his/her business permit or permit to operate; No occupancy permit, business or permit to operate shall be issued without securing a Fire Safety Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative;

h. Inspect at reasonable time, any building, structure, installation or premises for dangerous or hazardous conditions or materials as set forth in this Code, provided that in case of single family dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the proper court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant to remove hazardous materials and/or stop hazardous operation/process in accordance with the standards set by this Code or its implementing rules or regulations or other pertinent laws; i. Where conditions exist and are deemed hazardous to life and property, to order the owner/occupant of any building or structure to summarily abate such hazardous conditions; j. Require the building owner/occupant to submit plans and specifications, and other pertinent documents of said building to ensure compliance with applicable codes and standards; and k. Issue a written notice to the owner and/or contractor to stop work on portion of any work due to absence, or in violation of approved plans and specifications, permit and/or clearance or certification as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the nature of the violation and no work shall be continued on that portion until the violation has been corrected. Section 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not only from the organic members of the BFP and other government offices and agencies, but also from other sources. In the latter case, they will either be appointed into the service or hired as consultants in accordance with law. The technical staff shall study, review and evaluate latest developments and standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and evaluate implementation thereof; develop programs on the professionalization of the fire service; coordinate with appropriate government and private institutions for the offering of college courses on fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Chief, BFP on any matter brought to his attention; and perform such other functions as directed on any matter brought to his attention and perform such other functions as directed by higher authorities. Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning Systems. - As may be defined and provided in the Rules and Regulations, owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons shall be required to comply with the following, as may be appropriate: a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or his duly authorized representative as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the: (1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire protection and fire safety equipment, and electrical system in any building structure or facility; and (2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials; b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving:

(1) cellulose nitrate plastic of any kind; (2) combustible fibers; (3) cellular materials such as foam, rubber, sponge rubber and plastic foam; (4) flammable and combustible liquids or gases of any classification; (5) flammable paints, varnis