Building Code; power of local building official to demolish unsafe buildings - G.R. No. 174143

G.R. No. 174143

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A Building Official has the authority to order the condemnation and demolition of buildings which are found to be in a dangerous or ruinous condition.

“[I]t is unquestionable that the Building Official has the authority to order the condemnation and demolition of buildings which are found to be in a dangerous or ruinous condition.”[33] This authority emanates from Sections 214 and 215 of the National Building Code (Presidential Decree [P.D.] No. 1096) which provides:

Section 214. Dangerous and Ruinous Buildings or Structures

Dangerous buildings are those which are herein declared as such or are structurally unsafe or not provided with safe egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health or public welfare because of inadequate maintenance, dilapidation, obsolescence, or abandonment; or which otherwise contribute to the pollution of the site or the community to an intolerable degree.

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 thePhilippines.

There is, therefore, no question as to the authority of the OBO to render the challenged issuances. Here, the Building Official was authorized to issue the questioned Demolition Order in view of his finding that the disputed structures are dangerous and ruinous buildings within the purview of P.D. No. 1096, in relation to its Implementing Rules and Regulations. Correspondingly, no irregularity in the process in which the resolution and demolition order were issued is evident. As found by the CA, the records show that the OBO issued the resolution and Demolition Order only after ocular inspections and hearings were conducted. Notably, the Inspectorate Team of the DPWH came up with the same conclusion as the OBO when it conducted its own ocular inspection of the premises, that is both Buildings 1 and 2 had structural, sanitary, plumbing and electrical defects of up to 80%.[34]

What is more, contrary to the position of the petitioners that the provisions of the Civil Code on abatement of nuisances should have been applied in their case, the fact that the buildings in question could also constitute nuisances under the Civil Code does not preclude the Building Official from issuing the assailed Demolition Order. As provided by P.D. No. 1096, the authority of the Building Official to order the repair, vacation or demolition, as the case may be, is without prejudice to further action that may be undertaken under the relevant provisions of the Civil Code.[35]

The position taken by petitioners that the OBO is duty-bound to first order the repair of ruinous and dangerous buildings is erroneous. Petitioners, in their Memorandum,[36] quoted Section 215 of the National Building Code, thus:

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 thePhilippines.[37]

A careful reading of the provision shows that it does not require the OBO to take actions in the same order or sequence that Section 215 enumerates them. Instead, it authorizes the Building Official to order either the repair, vacation, or demolition of the building depending on the circumstances presented before it, particularly on the degree of danger to life, health and safety. In the case at bench, the OBO, based on its assessment of the buildings, deemed it necessary to recommend and order the demolition of the said buildings, having found them dilapidated and deteriorated by up to 80%.

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