BAGUIO CITY – The City Council, during last Monday’s regular session, approved on first reading a proposed ordinance waiving the 80% share of the local government from the administrative fine imposed under Presidential Decree (PD) 1096 or the National Building Code on buildings constructed without permits prior to the effectivity of the law and the revised implementing rules and regulations in 2005 and for other purposes.
Under the proposed ordinance, it shall be a declared policy of the local government to provide relief to building owners who have been assessed administrative fines under PD 1096 for buildings constructed prior to the effectivity of the law, recognizing the potentially unreasonable financial burden imposed by the said fine.
Further, the city will waive the 80 percent of the PhP10,000 administrative fine imposed under PD 1096 on buildings constructed before the effectivity of the law and before the issuance of the implementing rules and regulation issued in 2005 and that the remaining 20 percent which accrues to the Department of Public Works and Highways (DPWH) shall remain the responsibility of the building owner.
The ordinance stipulated that building owners seeking waiver under the proposed measure shall submit the pertinent documentary requirements to the City Buildings and Architecture Office (CBAO), such as a duly accomplished application form; proof of ownership of the building; proof of non-tax delinquency and a copy of the assessment notice issued by the DPWH through the CBAO.
The ordinance tasked the CBAO to promulgate the necessary implementing rules and regulations to implement the pertinent provisions of the proposed measure.
Section 208 of the Code mandates that the building official retain not more than 20 percent of the income or collection derived from permit fees and other charges for operating expenses with the remaining 80 percent accruing to the general fund of the city or municipality.
The council noted that the 2005 revised implementing rules and regulations of PD 1096 provided further details on the application and enforcement of the Code, including fines and penalties.
The body claimed that by waiving the city’s share from the administrative fines, the measure aims to alleviate the financial burden on building owners while ensuring that the integrity of the Code is maintained.
PD 1096 imposed penalties and administrative fines retroactively and without specifying a prescriptive period. This law had been criticized to be a form of ex-post facto law or bill of penalty or attainder prohibited by the Constitution.
The ordinance pointed out that it has a harsh impact on building owners without permits prior to its enactment.
While Congress has not yet amended the decree, the ordinance explains that the local government recognizes to mitigate the burden of the administrative fine levied by the DPWH and enforced by local building officials as allowed under the law for violations of the code or its implementing rules and regulations with a maximum fine of PhP10,000.
It disclosed that given that no national legislative amendment is currently in place, and recognizing the significant financial hardship the fine places on affected residents, the measure proposes a compassionate and service-oriented solution by waiving the city’s 80 percent share of the PhP10,000 fine.
Moreover, the measure aims to provide relief to building owners while upholding the need for compliance with building safety regulations. By Dexter A. See
