A photo of a few sky-rise buildings in Cebu City on a sunny day. CDN Digital File Photo | Carl Ong
CEBU CITY, Philippines — All developers and contractors must not take the National Building Code (NBC) and local ordinances for granted.
This was according to Office of the Building Official (OBO) chief, Architect Florante Catalan.
“We ask them to just adhere to our laws and not take these for granted simply because they can afford the penalties…The provisions are meant to prevent hazards, much more accidents. We save lives and properties in the long run,” Catalan said.
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Architect Emmanuel Cuizon, assistant building official, recalled in a segment on Sugboanon Channel, that the violations of the contractors and developers included not putting up setbacks, easements and even road right-of-ways in order to maximize their properties.
“Basically, respect ra gyud diay ni ang (pag-comply sa) National Building Code kung atong buot huna-hunaon…Mao na (ang tuyo og tumong) kaning atong building ug occupancy permits, ang buot pasabot ani mananghid ta una ta motukod, kung mouyon ta atong mga silingan o’ ang tanan nga motukod ta aning type of structure,” Cuizon said.
(Basically, this is just respect (in complying with the) National Building Code if we thing about it…That is (what we are aiming at) that our building and occupancy permits, what that meant is we ask permission to build first, if our neighbors or everybody agree to allow us to build this type of structure.)
National Building Code
Moreover, Lawyer Roy Mikel Baltazar, one of OBO’s legal officers, said the NBC or Presidential Decree 1096 would regulate the construction and development of buildings and other structures in the country.
Baltazar said those who would be found violating the Code would pay not more than P20,000 or imprisonment of not more than two years.
He added that contractors and developers could also face criminal liabilities which would include building or occupying structures without the appropriate permits; putting up structures contrary to the NBC’s standards; and intentionally or inadvertently creating dangerous or hazardous structures due to lack of maintenance, dilapidation, obsolescence, or abandonment.
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Complaints and criminal case
Another OBO legal officer, Lawyer April Derecho, clarified that not only OBO could file a criminal case against a contractor or developer.
Derecho said OBO’s inspection process could be based on discretion or a complaint.
“If naay private person nga naviolate iyang right because iyang neighbor or someone nga walay building permit, pwede sad sila mo-file og case against the person nga nakaviolate sa ilahang right,” Derecho said.
(If there is a private person who feels that his right is violated because his neighbor or someone doesn’t have a building permit, then they can file a case against the person who violated their right.)
“If naay mo-report o’ mag inspection sa OBO kay dapit kaayo mo sa dan o’ klaro kaayo ang violation, mao na ni nga time nga mo-issue ang OBO og suspension, revocation and invalidation of permits,” she added.
(If there is someone who would report or would ask the OBO to onspect because it is near the road or it is a clear violation, that will be the time when the OBO would issue a suspension, revocation and invalidation of permits.)
Chance to explain side
Derecho added that the contractor or developer who committed violations could still have the opportunity to explain their side.
“We are not one-sided, we hear both sides,” she added.
She further explained that if the contractor or developer could provide a sufficient explanation, the complaint woul be dismissed, but if it would not meet what the OBO would seek, further investigation would be conducted.
Following the NBC and other local ordinances was not for the benefit of the OBO alone, Baltazar said.
“Tungod gyud ni para sa inyoha (contractors and developers), kay kami all professionals involved in the OBO, and as well as sa atoang third party professionals, guided ni ug gi-eskwelahan ni sa tanan nga tanan will be in safety and in accordance…nga it will be a protection from any detrimental or any danger in the future,” he said.
(This is because of you (contractors and developers), because all professionals involved in the OBO, and as well as our third party professionals, they are guided and they went to school for all of these that everybody will be in safety and in accordance…that it will be a protection from any detrimental or any danger in the future.)