Dormitories and Boarding Houses Regulation Act

Senate Offier of the Scuretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -7 P6:19 SENATE RECEIVED BY: 1162 S. No. _ Introduced by SENATOR CAMILLE A. VILLAR AN ACT ESTABLISHING A COMPREHENSIVE AND INTEGRATED NATIONAL POLICY AND PROGRAM GUIDELINES FOR THE OPERATION AND MAINTENANCE OF DORMITORIES AND BOARDING HOUSES, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Dormitories and boarding houses provide temporary shelter to millions of transients and students who have to live away from their parents and loved ones in order to pursue their respective endeavors. It has been observed, however, that the living conditions in many dormitories or lodging houses are far below normal living standards. Despite efforts to encourage and promote better facilities at reasonable rates, the present situation of those who live in sub-standard dormitories and boarding houses still needs immediate action. This bill seeks to regulate the operation and maintenance of dormitories and boarding houses with the end in view of improving the situation of those living in these premises. Under the proposed measure, the owners and operators of dormitories and boarding houses shall be required to provide their boarders and occupants basic facilities such as lighting and electrical, ventilation and spacing, sanitary, fire

protection, study room, and first aid, among others. The bill also seeks to address the concerns of students by giving them rental discounts and by requiring owners of dormitories and boarding house to give them humane treatment. It is hoped that the living conditions of boarders, particularly of student- boarders, will greatly improve. In view of the foregoing, the immediate approval of this proposed measure is earnestly requested. Cameécirucian CAMILLE A. VILLAR

Deltate TWENTIETH CONGRESS OF THE Ditice of tie Secretary REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -7 P6:19 SENATE RECEIVED BY: S. No. 1162 Introduced by SENATOR CAMILLE A. VILLAR AN ACT ESTABLISHING A COMPREHENSIVE AND INTEGRATED NATIONAL POLICY AND PROGRAM GUIDELINES FOR THE OPERATION AND MAINTENANCE OF DORMITORIES AND BOARDING HOUSES, PROVIDING PENALTIES THEFOFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Dormitories and

2 Boarding Houses Regulation Act".

Sec 2. Declaration of Policy. - It is hereby declared the policy of the State to

5 promote and improve the condition of those living in dormitories and boarding houses. 6 Toward this end, the State shall adopt a national standard for the operation and maintenance of dormitories and boarding houses to make these facilities conducive to living and learning.

Sec 3. Definition of Terms. - As used in this Act, the following shall mean:

a. Dormitory or boarding house - any house or building or portion thereof in which six (6) or more persons may be regularly accepted as boarders on a daily, weekly or monthly basis; and

b. Dormitory or boarding house helpers - shall refer to cooks, food handlers, helpers who handle the food services for the boarders and any other persons who shall assist the owners of boarding houses or dormitories in housing maintenance and similar household chores.

Sec 4. License from Local Governments. - It shall be unlawful for any person to

own, keep, maintain or operate any dormitory or boarding house without first obtaining a license or permit from the city or municipal government. The license or 9 permit which shall be posted in a conspicuous place and shall specify the number of persons allowed to dwell or board in every dormitory or boarding house.

Sec 5. Classes of Dormitories and Boarding Houses. - For purposes of this Act,

dormitories and boarding houses shall have the following classifications: a. Class A - dormitories and boarding houses providing accommodations for fifty (50) boarders or more; b. Class B - dormitories and boarding houses providing accommodations for thirty (30) but less than fifty (50) boarders; c. Class C - dormitories and boarding houses providing accommodations for twenty (20) but less than thirty (30) boarders; and d. Class D - dormitories and boarding houses providing accommodations for more than five (5) but less than twenty (20) boarders.

Sec 6. Minimum Dormitory or Boarding House Rentals. - The Local Government

Units (LGUs), through their respective Sanggunian shall fix the minimum monthly boarding rentals taking into consideration the following factors: a. Situs of the dormitory and boarding house, whether urban or rural areas; b. Classification of the dormitory or boarding house; c. Facilities and premises offered; d. Number of boarders allowed in each room; e. Construction or type of the building; and f. Such other factors which may be deemed necessary under the circumstances.

In the absence of any agreement for the payment or additional expenses for 2 utilities such as electric, internet, telephone and water utility bills, the minimum 3 boarding house rental prescribed under this Section shall be the basic rentals which shall be paid to the owner inclusive of utility bills.

Sec 7. Rental Discounts to Student Boarders. - All boarding houses and

dormitories shall give a discount of twenty percent (20%) for all students. Students 8 shall be required to present school registration cards or similar documents to serve as proof thereof.

Sec 8. Building Type for Dormitories and Boarding Houses. - Any three-storey

building erected as a dormitory or boarding house for the accommodation of one hundred (100) persons or any building or section of building exceeding three storeys to be used for said purpose, must be of reinforced concrete structural framing covered with concrete. Provided, however, that existing three-storey buildings presently maintained as boarding houses or dormitories shall be exempted from the requirements of this section: Provided, further, that if more than fifty percent (50%) of such buildings are repaired or altered, the requirements herein provided shall be complied with. Buildings accommodating less than 100 persons shall not exceed three storeys in height or 12 meters if the structure thereof is non-fireproof but in no case lower in quality than that of a frame structure.

Sec 9. Dormitory and Boarding House Helpers. - The owners and operators of

dormitories or boarding houses shall employ at least one helper for every fifty (50) boarders or occupants for the proper maintenance of the said dormitories or boarding houses.

Sec 10. Lighting and Electrical Facilities. - All rooms, passageways and other

parts of the premises especially those intended for reading and studying purposes shall be properly and adequately lighted by natural or artificial means or both in consonance with the standards of illumination practices.

Sec 11. Ventilation and Spacing. - All buildings erected or repaired for use as

2 boarding houses or dormitories shall have rooms with adequate ventilation and 3 enough space for comfort. All bedrooms shali have a window. Beds shall be arranged in such manner as would provide adequate space to give the boarders enough room 5 for mobility.

Sec 12. Sanitary Facilities. - All dormitories and boarding houses shall provide

a lavatory for every ten boarders and such other necessary sanitary facilities as may be determined by the Local Government Unit where such dwelling houses are located.

Sec 13. Fire Protection Facilities. - Dormitories and boarding houses shall

provide fire escapes and other firefighting facilities including but not limited to fire extinguishers or hose cabinet.

Sec 14. Study Room. - Dormitories or boarding houses having 20 or more

boarders shall provide a study room for general use by the persons dwelling on the same.

Sec 15. First Aid. - Every owner shall maintain in his boarding house or

dormitory such basic first-aid medicine and equipment as may be necessary for emergency purposes.

Sec 16. Garbage Receptacles. - All boarding houses or dormitories shall provide

garbage receptacles to be disposed daily.

Sec17. Treatment of Boarders. - All boarders shall be treated in a just and

humane manner. In no case shall physical violence and other ignominious act be inflicted upon boarders.

Sec 18. Termination Notice. - If a period is fixed for the lease of a room in the

dormitory or boarding house or similar dwelling units, neither the boarding house owner nor the boarder may terminate the contract before the expiration of the term,

except for a just cause or upon their mutual agreement. If the boarder is unjustly ejected from the boarding house, he or she shall be paid damages equivalent to one month rental. If the boarder leaves without justifiable reasons and without proper notice, he/she shall forfeit any deposit made on rentals not exceeding one month rental. If the duration of the stay in the boarding house is not determined by contract or by agreement of the parties, the boarding house owner or the boarder may give notice to terminate the same at least five (5) days before the intended date thereof.

Sec 19. Duty of Boarding House or Dormitory Owners. - All owners of boarding

houses and dormitories shall carry out the provisions of this Act in good faith. Unless there is any compelling reason, in no case shall a dormitory or boarding house owner deny any application for boarding.

Sec 20. License Fees. - All local government units, through their respective

Sanggunian, shall fix the annual license or permit fees to be imposed on boarding houses and dormitories considering the classifications mentioned above, the rentals paid by boarders and other necessary considerations.

Sec 21. Compliance with Other Laws. - In all instances under this Act, all

structures and facilities must comply with the National Building Code of the Philippines, Fire Code of the Philippines and related laws.

Sec 22. Local Ordinance as Necessary Rules and Regulations. - Within one (1)

year from the effectivity of this Act, Local Government Units through their respective Sanggunian shall pass an ordinance providing for the necessary rules and regulations to carry out the provisions of this Act.

Sec 23. Penalty. - In case of violation of any of the provisions of this Act, the

license and permit to operate the dormitory or boarding house and all sums paid therefore shall, after due notice and hearing, be revoked and forfeited, and any person

responsible for such violation shall be punished with imprisonment for a period not exceeding six months or a fine not less than Fifty Thousand Pesos (PhP50,000.00) nor more than One Hundred Thousand Pesos (PhP100,000.00) or both, at the discretion of the Court.

Sec 24. Separability Clause. - If any part or provision of this Act is held

unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec 25. Repealing Clause. - All laws, orders, rules or regulations which are

inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Sec 26. Effectivity -This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation. Approved,