Can the open space be converted into a residential lot?

Can the open space in a subdivision be sold and converted into a residential lot?

Please be informed of Presidential Decree 1216, which defines the term "open space" as 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. Moreover, Section 2 thereof states:

"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."

Under the abovementioned provision of law, the parcel of land in a subdivision designated as an open space must be exclusively used for open space purposes such as parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers, and other similar facilities and amenities and may not be converted to any other purposes.

In the case of White Plains Association, Inc. v. Legaspi (GR 95522, Feb. 7, 1991), the Supreme Court, through Associate Justice Emilio Gancayco, held:

"Subdivision owners are mandated to set aside such open spaces before their proposed subdivision plans may be approved by the government authorities, and that such open spaces shall be devoted exclusively for the use of the general public and the subdivision owner need not be compensated for the same. A subdivision owner must comply with such requirement before the subdivision plan is approved and the authority to sell is issued."

Hence if a lot is indeed designated as the subdivision's open space, it should be exclusively utilized as such and cannot be sold as a residential lot.

Source: Manila Times

MerryMart opens largest standalone store

The MerryMart Group of tycoon Edgar “Injap” Sia II  has opened in Tarlac its largest standalone grocery, marking the 135th branch of its supermarket, with expansion in eight more on the line.

In a disclosure to the Philippine Stock Exchange, MerryMart said it opened a supermarket in Ayala Cresendo Estate in Tarlac, sprawled on 4,032 square meters of land to make it the biggest of its kind.

The newest branch also provides the group with its 135th outlet, as it aims to grow its grocery network in the provinces.

MerryMart plans to open supermarkets in Antique; Palo, Leyte; San Carlos City, Negros Occidental; and Bay, Laguna. Further, it aims its reach to cover Koronadal City, General Trias, Cavite; Ormoc City; and Ozamiz City.

Among its current network, MerryMart enjoys the largest market share in Capiz. On top of this, it is gaining consumer traction in nearby areas, positioning it to compete with leading players.

Aside from widening its footprint, MerryMart said it is always on the hunt for companies to buy for as long as they support its future growth.

“MerryMart continues its organic expansion and continues to be on the lookout for opportunities in acquiring companies in the consumer space that have strategic fit to its long-term growth,” the company said.

The newest MerryMart branch, initially slated to be opened in July, is equipped with sustainable equipment like roof solar panels, LED lighting fixtures, bicycle slots and charging provisions for electric vehicles.

MerryMart is undertaking a group-wide expansion to achieve its target of raising P150 billion in revenue in 2030. Originally, the goal was placed at just P120 billion, but the company adjusted it earlier this year.

As of 2023, MerryMart operates 126 stores nationwide. Its portfolio is composed of MerryMart Grocery, MerryMart Express and MerryMart Wholesale, together with other ventures, including Injap Supermart, M Supplies and Carlos SuperDrug.

The company may be reliant on its brick-and-mortar format, but it is also penetrating the digital space through an app launched by MerryMart Wholesale.

For 2024, MerryMart expects its e-commerce channel to grow to 500,000 users and carry 15,000 products for businesses and households.

Source: Philstar

Women’s Economic Empowerment is key for inclusive development in the Asia region

As world leaders gather for the United Nations Summit of the Future, a new UN Women report for Asia and the Pacific challenges conventional economic thinking, urging societies to look beyond gross domestic product (GDP) as the dominant measure of progress.

With the generous support of the Australian Department of Foreign Affairs and Trade, the report, “Caring Societies, Inclusive and Green Economies in Asia and the Pacific. Unveiling Data to Advance Women’s Economic Empowerment Beyond GDP” reveals that economic growth has not translated into economic empowerment for all women in the region, calling for a new paradigm that recognizes the contributions of all forms of care work to a functioning economy and prioritizes inclusion and environmental sustainability.

Care work is disproportionately performed by women. This includes both paid roles, such as nursing or domestic workers, and unpaid roles, such as caring for family members.

The analysis clearly indicates an urgent need to address gender inequality to foster inclusive development. This involves empowering women with greater decision-making power, enhancing their access to productive resources, and reforming gender-blind norms and systems.

To achieve the Sustainable Development Goals, we must actively support women’s economic empowerment. This entails tackling the root causes of gender inequality by transforming care systems, creating decent job opportunities, and fostering gender-responsive climate action in both business and society.

The report urges a paradigm shift beyond GDP and a growth-centric approach, advocating instead for measures that prioritize the well-being of people and health of the planet. The Asia and the Pacific region can experience inclusive growth and create a more prosperous future for all by recognizing, reducing, and redistributing care work, investing in quality care services, promoting decent work and financial inclusion, and supporting women's economic and political participation, including in climate-action.

“This report challenges all of our perceptions around the importance of care,” says Christine Arab, Regional Director of UN Women Asia and the Pacific. "It’s time to recognize that a truly thriving economy is one that values care, prioritizes the well-being of its people, and safeguards our planet for generations to come."

To catalyze progress towards a more equitable future, the report calls on policymakers to address the limitations of GDP and more fully capture all economic activities, human welfare, and sustainability. To do so, the report calls for increased investments in quality, reliable and timely gender data. This data is vital to enable governments, the private sector and other stakeholders to take actions to lift the barriers to women's economic empowerment and accelerate progress towards a more prosperous and equitable future for all.

caring-societies_2024.pdf

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Source: UN Women