Dear PAO,
My family has been living in our house for more than 30 years now. However, when my father started renovating the back portion of our kitchen by installing ceramic tiles and a ceiling, an employee from our city’s building office informed us that we needed to secure a building permit. We were also informed that the mayor could order the demolition of our house if we failed to comply with the applicable rules. Is it true that they can order the demolition of our house merely because we do not have a building permit?
Arnix
Dear Arnix,
A local chief executive or mayor has the legal authority to require the owners of illegally constructed houses, buildings, or other structures to secure the necessary permits, undertake the necessary modifications to comply with applicable laws and ordinances, or demolish or remove the structures within the period prescribed by law. In particular, Section 455(b)(3)(vi) of Republic Act (RA) 7160, otherwise known as the Local Government Code of 1991, provides:
“SECTION 455. Chief Executive; Powers, Duties and Compensation. - (a) The city mayor, as chief executive of the city government, shall exercise such powers and perform such duties and functions as provided by this Code and other laws.“Xxx
“(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance;”
Nonetheless, the mayor’s authority to order demolition is not absolute. Its exercise remains subject to the procedural requirements of applicable laws and local ordinances, including the requirement of notice and an opportunity to comply with the directives of the proper building official. In Altarejos v. Mayor Bautista [GR 247009, Feb. 26, 2024, ponente: Senior Associate Justice Marvic M.V. F. Leonen], the Supreme Court held that lack of a building permit does not authorize summary demolition, rather, it only subjects the violator to administrative fines or criminal proceedings. To justify summary demolition, it must first be determined by the building official, not by the mayor, that the building is considered dangerous or in ruinous condition, viz.:
“Section 215 of the NBCP [National Building Code of the Philippines], and its corresponding IRR provision (both of which are respectively quoted hereunder) states that before a structure may be abated or demolished, there must first be a finding or declaration by the Building Official that the building/structure is a nuisance, ruinous or dangerous:
“Section 215. Abatement of Dangerous Buildings. —
“When any building or structure is found or declared to be dangerous or ruinous, the Building Official shall order its repair, vacation or demolition depending upon the degree of danger to life, health, or safety. This is without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines.”
Accordingly, the mere absence of a building permit does not, by itself, mean that the mayor can immediately demolish the house without following the applicable law. The law requires that the owner will need to be notified to rectify the violation before proceeding with the ultimate measure of demolition.
Applying these principles to your case, the city mayor’s authority to require compliance with building regulations does not necessarily authorize the immediate demolition of your father’s house solely because it lacks a building permit. The appropriate building official must observe the applicable notice, compliance, and enforcement procedures. Your father should therefore be given the opportunity, to the extent provided by law, to secure the required permit or remedy the violation before demolition is carried out.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
