DILG OPINION NO. 56 S.

1999

April 14, 1999

THE MUNICIPAL ENGINEER

Municipal Hall
Malolos, Bulacan
Dear Sir:
This pertains to the letter of DR. LAZARO D. TAPANG of Atlag,
that municipality, dated April 06, 1999, requesting for our assistance
concerning his predicament in securing a building permit for the
expansion of his clinic.
In this regard, under Section 477 of the Local Government Code,
the municipal engineer shall act as the building official. Please be
advised that the processing of building permits is under your overall
administrative control and supervision (Section 303, Presidential
Decree No. 1096). Likewise, under the same law, the Building Official
is mandated to issue a building permit within fifteen (15) days from
payment of the required fees by the applicant once it is determined
that the work described in an application for building permit and the
plans and specifications submitted therewith conform with the
requirements of the National Building Code and other pertinent rules
and regulations (Section 304, PD 1096). If the above-mentioned
requirements are complied with, it becomes a matter of duty on the
part of the building official to issue the building permit applied for.
Please take note also that it has been held that when acting as a
building official, the municipal engineer who is a local official, is
deemed to be a national official subject to the supervision of the
Secretary of Public Works and Highways. The Secretary of Public Works
and Highways, therefore, has jurisdiction over appeals from the
decision of building officials involving the non-issuance, suspension, or
revocation of building permits whose decision in turn is appealable to
the Office of the President (DOJ Opinion No. 36, s. 1996, dated 02 April
1996).
We hope that with the foregoing, public service thereat shall be
best served and delivered.
Please be guided accordingly.

Very truly yours,

INGENIERO

JESUS

I.

Assistant
Secretary
LS:19/La
cc:

Dr. Lazaro D. Tapang

Atlag, Malolos
Bulacan