Introduction

In the Philippines, the regulation of building construction, maintenance, and demolition is primarily governed by Presidential Decree No. 1096, otherwise known as the National Building Code of the Philippines (NBCP), enacted in 1977 and amended through various implementing rules and regulations (IRRs). The NBCP establishes standards to ensure public safety, health, and welfare in the built environment. A key aspect of this framework involves addressing structures erected without the requisite building permits, commonly referred to as "illegal structures." Demolition of such structures is a critical enforcement mechanism, but it must adhere to specific legal procedures to balance property rights, due process, and public interest.

This article comprehensively explores the rules under the NBCP and related laws concerning the demolition of structures built without a building permit. It covers the legal basis, procedural requirements, responsibilities of authorities, rights of affected parties, penalties for non-compliance, and relevant jurisprudence. The discussion is rooted in Philippine statutory law, administrative regulations, and court decisions up to the present.

Legal Basis for Regulation

The National Building Code of the Philippines (PD 1096)

Section 301 of the NBCP mandates that no person, firm, or corporation shall construct, alter, repair, convert, use, occupy, move, demolish, or add to any building or structure without first obtaining a building permit from the Office of the Building Official (OBO) in the locality where the structure is situated. This requirement extends to all structures, including residential, commercial, industrial, and institutional buildings.

Structures built without a permit violate this provision and are classified as "dangerous" or "ruinous" under Section 214, which empowers the Building Official to order their abatement, repair, or demolition if they pose risks to life, property, or public welfare. The absence of a permit inherently implies non-compliance with safety standards, such as structural integrity, fire safety, zoning, and setback requirements, justifying potential demolition.

Implementing Rules and Regulations (IRRs)

The IRRs of the NBCP, issued by the Department of Public Works and Highways (DPWH), provide detailed guidelines. Rule VII of the IRRs outlines permit requirements, while Rule VIII addresses enforcement and abatement. Specifically, Section 8.1.1 states that any building or structure erected without a permit is subject to summary abatement by the Building Official after due notice.

Related Laws

Local Government Code (RA 7160): Devolves enforcement powers to local government units (LGUs), allowing city or municipal mayors to issue demolition orders through the OBO.
Civil Code (RA 386): Articles 428 and 433 protect property rights but allow state intervention for public safety under police power.
Environmental Laws: Republic Act No. 9003 (Ecological Solid Waste Management Act) and RA 9275 (Clean Water Act) impose additional requirements for waste management during demolition to prevent environmental hazards.
Urban Development and Housing Act (RA 7279): Provides protections for informal settlers, requiring relocation before demolition of squatter structures.
Fire Code (RA 9514): Structures violating fire safety standards, often linked to lack of permits, can be demolished if deemed fire hazards.

Identification and Classification of Structures Without Permits

Structures without building permits are typically identified through:

Routine inspections by the OBO.
Complaints from neighbors or concerned citizens.
Zoning and land use audits by LGUs.
Pre-occupancy or fire safety inspections.

Once identified, the structure is assessed for compliance. If non-compliant, it may be tagged as:

Non-Conforming: Built without permit but potentially regularizable through post-construction permits or penalties.
Dangerous/Ruinous: Posing immediate risks, warranting urgent demolition.
Illegal Occupation: On public land or easements, subject to ejectment and demolition under RA 7279.

Procedural Requirements for Demolition

Demolition of structures without permits is not arbitrary; it must follow due process to avoid violating constitutional rights under Article III, Section 1 of the 1987 Philippine Constitution.

Notice and Hearing

Initial Notice: The Building Official issues a Notice of Violation (NOV) to the owner, detailing the infractions (e.g., lack of permit) and requiring compliance within a specified period, usually 15-30 days.
Order to Abate: If unheeded, an Abatement Order follows, mandating repair, alteration, or demolition.
Hearing: Owners may request a hearing before the OBO or appeal to the DPWH Secretary. Evidence of compliance or hardship can be presented.
Final Demolition Order: Issued if violations persist, specifying a grace period (e.g., 30 days) for voluntary demolition.

For structures on public land or posing imminent danger, summary demolition may be authorized under Section 215 of the NBCP, but only after a summary hearing.

Execution of Demolition

Voluntary Demolition: Owners may demolish at their expense to avoid further penalties.
Forced Demolition: If refused, the LGU executes it, with costs charged to the owner as a lien on the property.
Contractors: Demolition must be performed by licensed contractors adhering to safety protocols, including dust control, debris removal, and utility disconnection.
Permits for Demolition: Ironically, even for demolishing an illegal structure, a Demolition Permit is required under Section 301, unless it's a government-ordered abatement.

Special Cases

Informal Settler Families: Under RA 7279, demolition requires a 30-day notice, census tagging, and relocation assistance. Courts may issue Temporary Restraining Orders (TROs) if procedures are violated.
Heritage Structures: Protected under RA 10066 (National Cultural Heritage Act); demolition requires approval from the National Historical Commission.
Commercial/Industrial: May involve additional oversight from the Department of Environment and Natural Resources (DENR) for hazardous materials.
Post-Disaster: After typhoons or earthquakes, expedited demolition of damaged illegal structures is allowed under RA 10121 (Disaster Risk Reduction and Management Act).

Responsibilities of Authorities

Building Official: Primary enforcer, issues permits, notices, and orders.
Local Chief Executive: Oversees implementation, may deploy police for security during demolition.
DPWH: Provides technical guidelines and hears appeals.
Courts: Judicial review available via certiorari if administrative remedies are exhausted.

Authorities must ensure demolitions are humane, minimizing displacement and providing assistance where applicable.

Rights of Affected Parties

Due Process: Right to notice, hearing, and appeal.
Compensation: No compensation for illegal structures, but relocation for qualified urban poor under RA 7279.
Injunctions: Owners can seek court injunctions if orders are deemed unlawful.
Liability: If demolition causes undue damage, owners may sue for compensation under tort law.

Penalties for Violations

For Building Without Permit

Administrative Fines: Up to PHP 20,000 per violation under the IRRs.
Criminal Penalties: Section 212 imposes fines of PHP 2,000 to 20,000 or imprisonment of up to 2 years for willful violations.
Surcharges: 100% surcharge on permit fees for post-facto applications.

For Resisting Demolition

Contempt or obstruction charges.
Additional fines for non-compliance with orders.

For Authorities

Administrative sanctions for abuse of power, such as under RA 3019 (Anti-Graft Law).

Jurisprudence

Philippine courts have upheld the state's police power in demolishing illegal structures:

MMDA v. Trackworks Rail Transit Advertising (G.R. No. 179554, 2009): Affirmed summary demolition of billboards violating building codes.
Social Justice Society v. Atienza (G.R. No. 156052, 2008): Allowed demolition of oil depots for safety reasons.
Patalinghug v. Court of Appeals (G.R. No. 104786, 1994): Emphasized due process in abatement proceedings.
City of Manila v. Laguio (G.R. No. 118127, 2005): Struck down overly broad ordinances but upheld targeted demolitions.

Recent cases post-2020, influenced by the COVID-19 pandemic and Bayanihan Acts, have stressed compassionate enforcement, delaying non-urgent demolitions.

Challenges and Reforms

Enforcement faces hurdles like corruption, political interference, and resource constraints in LGUs. Overcrowded urban areas exacerbate illegal constructions. Proposed reforms include digital permitting systems, stricter zoning, and community education.

The CREATE Act (RA 11534) and amendments to the NBCP aim to streamline processes, potentially reducing illegal builds by easing compliance.

Conclusion

The demolition of structures without building permits under the Philippine Building Code is a structured process emphasizing safety, legality, and equity. While empowering authorities to enforce standards, it safeguards individual rights through procedural safeguards. Compliance with the NBCP from the outset remains the best preventive measure against such interventions.