PD 1216
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Junjie TebreroPD 1216
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Junjie TebreroPRESIDENTIAL DECREE No.
1216
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF
PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS,
ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy environment in human
settlements by providing open spaces, roads, alleys and sidewalks as may be deemed suitable to
enhance the quality of life of the residents therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential subdivision are for public
use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total area of
a subdivision must be reserved, developed and maintained as open space for parks and recreational
areas, the cost of which will ultimately be borne by the lot buyers which thereby increase the
acquisition price of subdivision lots beyond the reach of the common mass;
WHEREAS, thirty percent (30%) required open space can be reduced to a level that will make the
subdivision industry viable and the price of residential lots within the means of the low income group
and at the same time preserve the environmental and ecological balance through rational control of
land use and proper design of space and facilities;
WHEREAS, pursuant to Presidential Decree No. 757, government efforts in housing, including
resources, functions and activities to maximize results have been concentrated into one single
agency, namely, the National Housing Authority;
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:
Section 1. For purposes of this Decree, the term "open space" shall mean an area reserved
exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals,
health centers, barangay centers and other similar facilities and amenities.
Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as follows:
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall
provide adequate roads, alleys and sidewalks. For subdivision projects one (1) hectare or more, the
owner or developer shall reserve thirty percent (30%) of the gross area for open space. such open
space shall have the following standards allocated exclusively for parks, playgrounds and
recreational use:
(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross
hectare).
(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per gross
hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots and below per
gross hectare).
These areas reserved for parks, playgrounds and recreational use shall be non-alienable public
lands, and non-buildable. The plans of the subdivision project shall include tree planting on such
parts of the subdivision as may be designated by the Authority.
Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and playgrounds
shall be donated by the owner or developer to the city or municipality and it shall be mandatory for
the local governments to accept provided, however, that the parks and playgrounds may be donated
to the Homeowners Association of the project with the consent of the city or municipality concerned.
No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose
or purposes.
Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed and other laws,
decrees, executive orders, institutions, rules and regulations or parts thereof inconsistent with these
provisions are also repealed or amended accordingly.
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila, this 14th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
Multiple Choice
1. Spouses who were married after the effectivity of the Family Code without prenuptial
agreement shall be governed by:
a. Partial Community of property
b. Conjugal partnership of gains
c. Absolute community of property
d. Absolute separation of property
e. Partnership
2. An illegitimate child born last March 2008. The child may use surname of the father if
the
a. Child was acknowledge by the father in a public document
b. Father was present in the hospital
c. Father and Mother continues to live together
d. Mothers wants to use the surname of the father
e. Child was born in the hospital
3.An acquisition of private property through hereditary succession
a. Inheritance
b.Involuntary Grant
c.Private Grant
d. Public Grant
e. Reclamation
4.Mr Villanueva inherited a piece of land when he was still single. Then he got married on
October 1, 2000 without a marriage settlement. What is the nature of the property now that he
is married?
a. Exclusive Property
b. Community Property
c. Conjugal Property
d. Separate Property
e. Common Property
5. What is legitime?
a. An Inherited property
b. An acknowledged heir
c. Reserved property for compulsory heirs
d. Child born out of wedlock
e. A process of legitimization
6.In the phrase “save in cases of hereditary succession” in Sec 7 Art XII (National Economy
and Patrimony) Phil Charter what kind of transferee of private land does it refer to?
a. The national Government
b. An heir under Phil Law on succession and inheritance
c. A humanitarian institution
d. The estate of deceased
e. a charitable, religious and educational institution
7. If a deceased owner of a land died intestate without any debt or obligation , the document
to be executed to transfer title to the sole heirs is
a. Deed of conveyance
b. Affidavid of Adjudication
c. Extrajudicial settlement of of Estate
d. Transfer of rights
e. Deed of Donation
8 If a person died leaving a will what is that special court proceedings that must be instituted to
determine the validity of the testamentary disposition of the deceased
a. Probate proceedings
b. Reconstitution on the land title
c. Petition to remove cloud on title
d. Petition for partition of property
e. Petition to quite title
9. In the conjugal partnership of gains what kind of property does the spouses have conjugal
partnership on?
a. Gains realized by the joint or merged property in efforts of spouses
b.Property inherited during the marriage
c. Winnings from a game of chance
d. Income realized by spouses during the marriage
e. Property owner by spouses exclusively
10. The legal right of the state to acquire property of the decedent, who died without a will and
without heirs is referred as to
a. Dedication
b. Eminent Domain
c. Devised
d.Escheat
e. Police power
11. Tarzan and Jane executed a marriage settlement specifying that the regime of separation od
property shall govern their property relations during marriage. They are married in proper
ceremonies on December 1, 1988. Under the Family Code which of the following systems shall
govern their property relations during their marriage?
a. Absolute community of marriage
b Conjugal partnership of gains
c. Separation of property
d. Exclusive property
12. Annotation of Section 4 Rule 74 of the rules of Court on the title to the property of a
deceased person with a surviving spouse and children provides that the property shall be
subject to the rights of three of the following four. Who among the four does not have the
right to the subject property?
a. Heirs
b. Any person who might have been unduly deprived of his participation in the estate of
the deceased
c. The parents of the deceased
d. Creditors
13. Spouses have the freedom to choose the regime that will govern their properties by
marriage settlement or pre nuptial agreement such as but not include:
a. Absolute Community
b. Conjugal Partnership
c. Absolute Separation
d. Occupation
14-15 What is the functional share of the surviving spouse that will appear in the new title if the
decedent left three three legitimate children and one illegitimate child?
a. 4.5/9
b. 5.5/9
c. 1/9
d. ¼.5
e. none of the above
