NBCP Chapter 2

William Lloyd C. Umali

BSCE V - 41622
Topics

 Section 210: Use of Income Fees

 Section 211: Implementing Rules and Regulations
 Section 212: Administrative Fines
 Section 213: Penal Provisions
 Section 214: Dangerous or Ruinous Buildings or Structures
 Section 215: Abatement of Dangerous Buildings
 Section 216: Other Remedies
Section 210 : Use of Income Fees

 Any provision of law to the contrary notwithstanding, the Secretary is hereby

authorized to prescribe the procedures for the use of all net income realized by
the office of the Building Official from the collection of fees and charges not
exceeding twenty percent thereof in accordance with Section 208 (Fees).
 Such income may be used to cover necessary operating expenses including the
purchase of equipment, supplies and materials, travelling expenses, obligation
expense sand sheriff's fees and payment of other prior years' obligations not
adequately funded, subject to existing budgetary and auditing rules and
regulations.
Section 211: Implementing Rules and Regulations

 In the implementation of the provisions of this Code, the Secretary shall

formulate necessary rules and regulations and adopt design and construction
standards and criteria for buildings and other structures. Such standards, rules
and regulations shall take effect after their publication once a week for three
consecutive weeks in a newspaper of general circulation.
Section 212: Administrative Fines

 For the violation of any of the provisions of this Code or any of the rules or
regulations issued thereunder, the Secretary is hereby empowered to prescribe
and impose fines not exceeding ten thousand pesos.
 Violations

 1. Erecting, constructing, altering, repairing, moving, converting, installing or demolishing a

private or public building/structure if without building/demolition permit.
 2. Making any alteration, addition, conversion or repair in any building/structure/
appurtenances thereto constructed or installed before the adoption of the Code, whether public
or private, without a permit.
 3. Unauthorized change, modification or alteration during the construction in the duly
submitted plans and specifications on which the building permit is based.
 4. Non-compliance with the work stoppage order or notice and/or orders to effect necessary
correction in plans and specifications found defective.
 5. Non-compliance with order to demolish building/structure declared to be nuisance, ruinous
or dangerous.
 Violations

 6. Use or occupancy of a building/structure without Certificate of Occupancy/Use even

if constructed under a valid building permit.
 7. Change in the existing use or occupancy classification of a building/structure or
portion thereof without the corresponding Certificate of Change of Use.
 8. Failure to post or display the certificate of occupancy/use/operation in a conspicuous
place on the premises of the building/structure/appurtenances.
 9. Change in the type of construction of any building/structure without an amendatory
permit.
 Section 213: Penal Provisions

 It shall be unlawful . for any person, firm or corporation, to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or
maintain any building or structure or cause the same to .be done contrary to or in
violation of any provision of this Code.
 Any person, firm or corporation who shall violate · any of the provisions of this Code
and/or commit any act hereby declared to be unlawful shall upon conviction, be
punished by a fine of not more than twenty thousand pesos 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 214: Dangerous or Ruinous Buildings or Structures

 Dangerous buildings are those which are herein declared as such or are
structurally unsafe or not provided with safe degrees, 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.
BEFORE

AFTER
 Ozone Disco Tragedy

 The Ozone Disco fire in Quezon City, Philippines broke out shortly before midnight at
11:35 pm Philippine Standard Time, March 18, 1996 (3:35 pm, March 18, 1996, UTC) leaving
at least 162 people dead. It is officially acknowledged as the worst fire in Philippine
history, and among the 10 worst nightclub fires in the world
 Emergency exit was blocked by another building, the main door only opens inwardly.
 Seven Philippine safety officers have been sentenced to jail for corruption over a fire at a
night club that killed 162 people in Quezon City in 1996.
 The officials gave safety permits to the Ozone Disco Club without carrying out checks, the
court found.
 They were sentenced to between six and 10 years, but will not go to jail until after appeals
are heard. Two managers of the club also received jail terms.
Floor plan
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 the Philippines.
 Article 482. If a building, wall, column, or any other construction is in danger of falling,
the owner shall be obliged to demolish it or to execute the necessary work in order to
prevent it from falling.
 Article 694 of the New Civil Code (NCC) of the Philippines defines nuisance as “any act,
omission, establishment, business, condition of property or anything else which: (1)
injures or endangers the health or safety of others; or (2) annoys or offends the senses;
or (3) shocks, defies or disregards decency or morality.
 Article 695 of the Civil Code provides that a public nuisance affects a
community or neighbourhood or any considerable number of persons,
although the extent of the annoyance, danger or damage upon individuals
may be unequal.
 Art. 696. Every successive owner or possessor of property who fails or
refuses to abate a nuisance in that property started by a former owner or
possessor is liable therefor in the same manner as the one who created it.
 Art. 697. The abatement of a nuisance does not preclude the right of any
person injured to recover damages for its past existence.
 Art. 698. Lapse of time cannot legalize any nuisance, whether public or
private.
 Art. 699. The remedies against a public nuisance are:
 (1) A prosecution under the Penal Code or any local ordinance: or(2) A civil
action; or (3) Abatement, without judicial proceedings
 Art. 700. The district health officer shall take care that one or all of the
remedies against a public nuisance are availed of.
 Art. 701. If a civil action is brought by reason of the maintenance of a
public nuisance, such action shall be commenced by the city or municipal
mayor.
 Art. 702. The district health officer shall determine whether or not
abatement, without judicial proceedings, is the best remedy against a
public nuisance.
 Art. 703. A private person may file an action on account of a public
nuisance, if it is specially injurious to himself.
 Art. 704. Any private person may abate a public nuisance which is specially
injurious to him by removing, or if necessary, by destroying the thing which
constitutes the same, without committing a breach of the peace, or doing
unnecessary injury. But it is necessary:
 (1) That demand be first made upon the owner or possessor of the property to
abate the nuisance;
 (2) That such demand has been rejected;
 (3) That the abatement be approved by the district health officer and executed
with the assistance of the local police; and
 (4) That the value of the destruction does not exceed three thousand pesos.
 Art. 705. The remedies against a private nuisance are:
 (1) A civil action; or (2) Abatement, without judicial proceedings.
 Art. 706. Any person injured by a private nuisance may abate it by
removing, or if necessary, by destroying the thing which constitutes the
nuisance, without committing a breach of the peace or doing
unnecessary injury. However, it is indispensable that the procedure for
extrajudicial abatement of a public nuisance by a private person be
followed.
 Art. 707. A private person or a public official extra judicially abating a
nuisance shall be liable for damages:
 (1) If he causes unnecessary injury; or( 2) If an alleged nuisance is later
declared by the courts to be not a real nuisance.
Section 216: Other Remedies

 The rights, actions and remedies provided in this Code shall be in addition to
any and all other rights of action and remedies that may be available under
existing laws.
 Question no.1

What article states that If a building, wall, column, or

any other construction is in danger of falling, the
owner shall be obliged to demolish it or to execute
the necessary work in order to prevent it from
falling?
Answer:

Article 482
 Question no. 2

What is the title of section 213?

Answer :

Section 213: Penal Provisions

 Question no. 3

For the violation of any of the provisions of

this Code or any of the rules or regulations
issued thereunder, the Secretary is hereby
empowered to prescribe and impose fines not
exceeding ________________.
Answer:

Ten thousand pesos