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Unformatted text preview: orities in Manila". In reply, the fiscal averred that he had no information as to
when P.D. No. 1096 was officially promulgated or any knowledge of its implementing rules, that the
enforcement of said Code including the imposition of penalties for violation thereof is vested in the
Secretary of the Department of Public Works, Transportation and Communications (DPWTC); and that
it was his opinion that the enforcement of the provisions of said Code "belongs to the proper department
or agency specially vested by the law". Pursuant to practice and precedents, the Secretary of Justice as Attorney General renders opinion
only for the national government officials mentioned in Section 83 of the Revised Administrative Code,
on questions of law arising in the performance of their respective functions. While the City Engineer is
not one such official, I have to consider that what is involved in this case is a ruling of the city fiscal of
Tangub who falls under the supervision and control of the Secretary of Justice. Therefore, in order to set
a right the thinking of the City Fiscal on the matter, I hereunder express my views thereon.
P.D. No. 1096 was promulgated and became effective on February 19, 1977. Sections 213 and 301
thereof provide insofar as pertinent:
"SEC. 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 corportion 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, x x x " (Underscoring supplied).
"SEC. 301 Building Permits
"No person , firm or corporation, including any agency, or instrumentality of the government
shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same
to be done without first obtaining a building permit therefor from the Building Official assigned in the
place where the subject building is located or the building work is to be done".
Therefore, once it has been determined by the Tangub City Engineer, who is the city's
Official, that there has been a violation under the above-quoted provisions, he may file
statement to that effect with the City Fiscal and it is incumbent upon th latter to proceed
preliminary investigation of the charges, and with the prosecution if therby warranted, as
Please be guided accordingly. (SGD.) VICENTE ABAD SANTOS
Secretary of Justice Copy furnished:
Acting City Fiscal Jose A. Velasco
Tangub City Building
in other National Structural Code as a referral Code of PD 1096
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This note was uploaded on 09/22/2013 for the course ARIDBE AR taught by Professor Any during the Fall '12 term at Mapúa Institute of Technology.
- Fall '12