19th Legislative Body

_____ Regular Session

Series of 2019
Republic of the Philippines
OFFICE OF THE CITY COUNCIL
Davao City

RESOLUTION NO. ________

Series of 2020

A RESOLUTION TO ENACT AN ORDINANCE

REQUIRING SUBMISSION OF 3D PRESENTATION OF
THE STRUCTURAL INTEGRITY OF THE BUILDNG, A
COPY OF THE BUILDING PLANS AND APPROVAL
CERTIFICATION FROM THE CITY BUILDING
OFFICIAL/CITY ENGINEERS OFFICE AS THE CASE
MAY BE AS ADDITIONAL REQUIREMENTS FOR THE
APPLICATION FOR THE PRELIMINARY APPROVAL
AND LOCATIONAL CLEARANCE (PALC) AND
DEVELOPMENT PERMIT (DP) HIGH RIGH
CONDOMINIUM PROJECTS, HOTELS, MALLS AS
INDICATED IN ARTICLE XI, SECTION 1 OF THE
ZONING ORDINANCE OF DAVAO;

WHEREAS, the recent earthquakes that struck the

City of Davao and its neighboring cities have caused
great damages to the high rise and condominium
buildings;

WHEREAS, the series of earthquakes are of such

intensity that has greatly affected the structural
integrity of several condominium and high rise
buildings in the City of Davao and other neighboring
cities and municipalities and as a consequence thereof
tenants were forced to leave their units for safety;

WHEREAS, immediately after such, the Office of

the Vice Mayor directed the Committee on Housing and
Subdivision Development under P.D. 957 to Safeguard
Public Safety and ensure minimal damage to the
properties;

WHEREAS, in compliance to the directive and

pursuant to Sec. 16 of Republic Act 7601, the
Committee on Housing and Subdivision Development
under P.D. 957 conducted three (3) committee hearings
and consultations attended by Land Developers,
Structural Engineers, Association of Civil Engineers,
Office of the Building Official and the Davao City
Chamber of Commerce, all of the representatives of the
said offices agreed and consented to the passage of an
ordinance entitled “AN ORDINANCE REQUIRING
SUBMISSION OF 3D PRESENTATION OF THE
STRUCTURAL INTEGRITY OF THE BUILDNG, A COPY
OF THE BUILDING PLANS AND APPROVAL
CERTIFICATION FROM THE CITY BUILDING
OFFICIAL/CITY ENGINEERS OFFICE AS THE CASE
MAY BE AS ADDITIONAL REQUIREMENTS FOR THE
APPLICATION FOR THE PRELIMINARY APPROVAL AND
LOCATIONAL CLEARANCE (PALC) AND
DEVELOPMENT PERMIT (DP) HIGH RIGH
CONDOMINIUM PROJECTS, HOTELS, MALLS AS
INDICATED IN ARTICLE XI, SECTION 1 OF THE
ZONING ORDINANCE OF DAVAO.”
NOW THEREFORE, on motion of Councilor
Bonifacio E. Militar duly seconded;

BE IT RESOLVED, AS IT IS HEREBY RESOLVED,

that ALL HIGH RISE CONDOMINIUM PROJECTS,
HOTELS, MALLS and any structure required to
obtain PALC FOR BUILDINGS more than 4 storey
under Article XI, Section 1 (Preliminary Approval for
Locational Clearance and Development Permit) are
required to submit in addition to the requirements of
Article XII, Section 1.3; a copy of their proposed
building plans and 3D presentation of the structural
integrity of the building, Certification from the
Structural Designing Engineer, as additional
requirements for PALC/DP to withstand an earthquake
with a maximum magnitude or intensity as provided by
the National Building Code;

RESOLVED FURTHER, that copies of this

Resolution be furnished to the Office of City Mayor
through the City Administrators Office, Office of the
Vice-Mayor, the City Planning and Development Office,
City Engineers Office and to all concerned agencies for
their information.

ADOPTED.

BONIFACIO E. MILITAR
Proponent
 ORDINANCE NO. __________
SERIES OF 2020

AN ORDINANCE REQUIRING SUBMISSION OF 3D

PRESENTATION OF THE STRUCTURAL INTEGRITY
OF THE BUILDNG, A COPY OF THE BUILDING
PLANS AND APPROVAL CERTIFICATION FROM THE
CITY BUILDING OFFICIAL/CITY ENGINEERS
OFFICE AS THE CASE MAY BE AS ADDITIONAL
REQUIREMENTS FOR THE APPLICATION FOR THE
PRELIMINARY APPROVAL AND LOCATIONAL
CLEARANCE (PALC) AND DEVELOPMENT PERMIT
(DP) HIGH RIGH CONDOMINIUM PROJECTS,
HOTELS, MALLS AS INDICATED IN ARTICLE XI,
SECTION 1 OF THE ZONING ORDINANCE OF
DAVAO;

Section 1. Title. AN ORDINANCE REQUIRING

SUBMISSION OF 3D PRESENTATION OF THE
STRUCTURAL INTEGRITY OF THE BUILDNG, A COPY
OF THE BUILDING PLANS AND APPROVAL
CERTIFICATION FROM THE CITY BUILDING
OFFICIAL/CITY ENGINEERS OFFICE AS THE CASE
MAY BE AS ADDITIONAL REQUIREMENTS FOR THE
APPLICATION FOR THE PRELIMINARY APPROVAL AND
LOCATIONAL CLEARANCE (PALC) AND
DEVELOPMENT PERMIT (DP) HIGH RIGH
CONDOMINIUM PROJECTS, HOTELS, MALLS AS
INDICATED IN ARTICLE XI, SECTION 1 OF THE
ZONING ORDINANCE OF DAVAO;

Section 2. Authority for Enactment. The Ordinance

is enacted pursuant to the General Welfare Clause
provision of R.A. 7610 and the National Building Code
of the Philippines;

Section 3. Purpose. To ensure public safety and

interest and to mitigate possible damages in case of
earthquake and other calamities;

Section 4. Coverage. All applicants for projects for

high rise buildings, hotels, malls and buildings over 4
storey high required to secure a PALC/DP to submit as
additional requirement for their PALC application, a
copy of the building plans, a 3d presentation of the
structural integrity of the building to withstand an
earthquake intensity as prescribed by the National
Building Code;

Section 5. Time of submission: Applicant shall be

required to present during their scheduled committee
hearing and during the plenary session their 3D
presentation of the structural integrity of the building to
enable a thorough discussion of the building’s capacity
to withstand earthquake intensity as required in the
National Building Code; while the Building plans and
Certification from the City Building Official/City
Engineers Office as the case may be shall submitted on
or before or during the hearing.
Moreover, the approval certification issued by the
City Building Officials/City Engineers Office shall be
used by the Applicant as reference for their building
permit application should there be no modification in
their building plans;

Section 6. Disqualification of the Structural

engineer: The structural engineer engaged by the Office
of the City Building Officials to give the
analysis/certification shall not in any way be connected
with or have participation in the Building plans to be
approved or not in any way connected with the
Structural Engineer who issued the Certification;

Section 7. Liability. Liability for damages shall be

determined in accordance with the provisions of the
Civil Code of the Philippines and other applicable law
and regulations;
Section 8. Implementing Rules and Regulations and
Standard Forms. – Upon approval of this Ordinance,
the necessary rules and regulations for the proper
implementation of its provisions shall be formulated by
the City Planning and Development Office (CPDO) in
coordination with the City Engineers Office and the
Office of the City Building Officials;

Section 9. Repealing Clause. – All ordinances,

executive orders, rules and regulations, all parts thereof
inconsistent with this Ordinance are hereby repealed or
modified accordingly.

Section 10. Separability Clause. – If any provision of

this Ordinance is held unconstitutional or invalid, the
other provisions not affected thereby shall continue in
operation and remain in full force and effect.

Section 11. Effectivity Clause. – This Ordinance shall

take effect after fifteen (15) days after publication.

Enacted, _________________ by majority votes of all

members of the Sanggunian.