National Policy and Program Guidelines for the Operation and Maintenance of Dormitories

Slice of tac TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 A9:15 SENATE RECEIVED DN S. No. - Introduced by Senator Jinggoy Ejercito Estrada 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 A student's residential setting is an important aspect of their education and development. Staying at a dorm or a boarding house is usually a student's option when their residence is far away from the educational institution they are attending. The proximity to the college or university ensures that students arrive on time for their classes and allows for the reduction of travel time which can be used for study or for extracurricular activities. While in-campus dormitories have rules and guidelines, many of the privately- owned dormitories and boarding houses may be operating without such regulations in place, thus compromising the privacy, safety, and security of their place and their tenants. While a good number of dormitories and boarding houses provide adequate facilities needed by students for their education and health, others fail to do this and instead offer crude spaces barely comfortable for resting and studying. Students who have limited budgets for housing have to make do with dormitories and boarding houses which cannot provide the optimum environment for students' learning and safety.

This measure seeks to establish a national policy and program guidelines for the operation and maintenance of dormitories and boarding houses that are affordable, clean, safe, and conducive to learning. The immediate passage of this bill is earnestly sought. JINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AuG -6 A9:15 SENATE RECEWTO D S. No. _ Introduced by Senator Jinggoy Ejercito Estrada 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 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of Policy. - It is hereby declared the policy of the State

2 to promote and improve the condition of those living in dormitories and boarding 3 houses. Towards 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. 2. Definition of Terms. - As used in this Act,

a) Dormitory or boarding house refers to a 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 House Parent refers to an individual responsible for the management and enforcement of rules of the dormitory or boarding house, ensuring its safety and security, as well as the well-being of dormers and boarders.

Sec. 3. License from Local Government Units. - It shall be unlawful for any

person to own, keep, maintain, or operate any dormitory or boarding house without first obtaining a license from the city or municipal government. The license which

1 shall be posted in a conspicuous place shall specify the number of persons allowed 2 to dorm or board in every dormitory or boarding house.

Sec. 4. Classes of Dormitories and Boarding Houses. - For purposes of this

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

Sec. 5. Minimum Dormitory or Boarding House Rentals. - The Local

Government Units (GUs), through their respective Sanggunian, shall set the minimum monthly boarding rentals taking into consideration the following factors: a) site of the dormitory or 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 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 electric, internet, telephone and water utility bills, the minimum boarding house rental prescribed under this Section shall be the basic rentals which shall be paid to the owner inclusive of electric, internet, telephone and water bills.

Sec. 6. Rental Discounts to Students. - All dormitories and boarding houses

shall give a discount of ten percent (10%) for all students. Students shall be required to present school registration cards or similar documents to serve as proof thereof.

Sec. 7. Building Type for Dormitories and Boarding Houses. - Any three-story

2 building erected as a dormitory or boarding house for the accommodation of one 3 hundred (100) persons or any building or section of building exceeding three stories 4 to be used for said purpose, must be or reinforced concrete structural framing 5 covered with concrete: Provided, That existing three-storey buildings presently 6 maintained as dormitories or boarding houses shall be exempted from the 7 requirements of this Section: Provided, further, That if more than fifty percent 8 (50%) of such buildings are repaired or altered, the requirements herein provided 9 shall be complied with. Building accommodating less than one hundred (100) 10 persons shall not exceed three-story in height or twelve (12) meters if the structure thereof is non-fireproof but in no case lower in quality than that of a frame structure. Provisions must be in place to allow dormitories and boarding houses to be accessible to students with disabilities.

Sec. 8. Dormitory or House Parent. - The owners and operators of

dormitories or boarding houses shall employ at least one (1) Dormitory or House Parent for every fifty (50) dormers and/or boarders for the proper maintenance of the said dormitories or boarding houses.

Sec. 9. 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 lit by natural or artificial means or both in consonance with the standards of illumination practices.

Sec. 10. Ventilation and Spacing. - All buildings erected or repaired for use as

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

Sec. 11. Sanitary Facilities. - All dormitories and boarding houses shall

provide a lavatory for every ten (10) dormers and/or boarders and such other necessary sanitary facilities as may be determined by the LGU where such dwelling houses are located.

Sec. 12. Fire Protection Facilities. - Dormitories and boarding houses shall

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

Sec. 13. Study Room. - Dormitories and boarding houses having twenty (20)

5 or more dormers and/or boarders shall provide a study room for general use by the persons dwelling on the same.

Sec. 14. First Aid. - Every owner shall maintain in the dormitory and/or

boarding house such basic first aid medicine and equipment as may be necessary for emergency purposes.

Sec. 15. Garbage Receptacles. - All dormitories and boarding houses shall

provide garbage receptacles to be disposed daily.

Sec. 16. Closed-Circuit Television (CCTV) Cameras. - All dormitories and

13 boarding houses shall install closed-circuit televisions (CCTV) cameras in strategic areas in their vicinity. Such CCTV cameras are intended to prevent and address wrongdoings and crimes, and not, in any way, to intrude into the privacy of the tenants. Said CCTV cameras should be operational 24/7 and recordings should be kept in file for at least one (1) year.

Sec. 17. Treatment of Dormers and Boarders. - All dormers and boarders

shall be treated in just and humane manner. In no case shall physical violence and other ignominious act shall be inflicted upon them.

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

the dormitory or boarding house, neither the owner nor the dormer and/or boarder may terminate the contract before the expiration of the term, except for a just cause. If the dormer or boarder is unjustly ejected from the dormitory or boarding house, he or she shall be paid damages equivalent to a half month rental. If the boarder leaves without justifiable reasons and without proper notice, he or she shall forfeit any deposit made on rentals not exceeding fifteen (15) days. 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 Dormitory or Boarding House Owners. - All owners of

dormitories and boarding houses and shall carry out the provisions of this Act in

1 good faith. Unless there is any compelling reason, in no case shall a dormitory or 2 boarding house owner deny the application of a student.

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

4 Sanggunian, shall fix the annual license fees to be imposed on dormitories and boarding houses considering the classification mentioned above, the rentals paid by 6 boarders and other necessary considerations.

Sec. 21. Local Ordinance as Necessary Rules and Regulations. - LGUs

8 through their respective Sanggunian shall pass an ordinance providing for the 9 necessary rules and regulations to carry out the provisions of this Act.

Sec. 22. Penalty. - In case of violation of any of the provisions of this Act,

11 the license and permit to operate the dormitory or boarding house and all sums paid 12 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 (6) months or a fine not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00) or both, at the discretion of the Court.

Sec. 23. 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. 24. 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. 25. Effectivity Clause. - This Act shall take effect after fifteen (15) days

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