Mayor Abby suspends erring Makati builders

Makati City Mayor Abigail Binay on Saturday ordered the suspension of 21 private construction works in the city for violating the building code.

The City Building Office has started issuing Notices with Stoppage Order against the 21 ongoing construction projects found non-compliant with the provisions of the National Building Code of the Philippines (Presidential Decree 1096).

Binay said this is a reminder to everyone that building construction, whether for residential or for business purposes, should always be done in full compliance with existing laws.

“We reiterate the need to secure a building permit before doing any construction or renovation work to ensure that it conforms to all safety standards. Above all else, the priority of any building or homeowner and contractor should be the safety and well-being of the occupants, which include family members, workers, and business clients,” she said.

The city government of Makati under Binay has taken a tough stance on the strict enforcement of the Building Code and other laws promoting public safety and order in line with the citywide advocacy for resilience and sustainability.

City Building Office officer-in-charge Elmer Acuesta said the owners and operators of the 21 construction projects violated Sections 301 and 1102 of the Code, and Rule XI (Protection of Pedestrians during Construction or Demolition) of its revised Implementing Rules and Regulations.

Acuesta identified the number of construction projects issued with stoppage orders in the following barangays: Cembo (6); East Rembo (3); West Rembo (2); Palanan (1); Kasilawan (1); Poblacion (1); Pinagkaisahan (1); San Isidro (1); San Lorenzo (1); Guadalupe Nuevo (1); Pitogo (1); Bangkal (1); and San Antonio (1).

The work stoppage will be in effect until the owners secure the necessary permits, the building official said.

Section 301 of the Building Code states that no person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building is located or the building work is to be done.

The Code also states that materials and equipment necessary for work to be done under a permit when placed or stored on public property shall not obstruct free and convenient approach to and use of any fire hydrant, fire or police alarm box, utility box, catch basin, or manhole and shall not interfere with any drainage of any street or alley gutter (Section 1102, Storage in Public Property).

It further provides that any person, firm or corporation who shall violate the provisions thereof, such as failure to secure a building permit before a building is actually erected may be administratively and/or criminally liable.

Under the administrative liability, the offender may be fined an amount not exceeding P10,000.00 (Section 212).

As to criminal liability, it is stated under the Code that any person, firm or corporation who shall violate any of its provisions and/or commit any act hereby declared to be unlawful shall, upon conviction, be punished by a fine of not more than P20,000 or by imprisonment of not more than two years, or by both such fine and imprisonment: Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately be deported after payment of the fine and/or service of his sentence (Section 213).

Topics: Abigail Binay , Makati City , National Building Code of the Philippines , City Building Office , Elmer Acuesta
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