Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
XX
PEOPLE OF THE PHILIPPINES,
Plaintiff;
Criminal Case No. XX
For:
-versusViolation of Sec. 213 in relation
to Sec. 301 of P.D. 1096
XX
Accused.
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RESOLUTION
For resolution is a Motion to Quash the information on the
ground that accused XX committed no violation of P.D. 1096
(National Building Code) because at the time the construction was
made, they were issued a building permit from the Office of the
Building Official (OBO). Accused, however, admitted that
sometime in November 2015, said permit was revoked by OBO on
the ground that the construction violated the 3-meter easement
rule from the creek.
On the other hand, the prosecution vehemently objects to
the quashal of the subject information and argues that from the
time the building permit was revoked on November 13, 2015, the
accused had no more right to continue the construction of the
subject structure.
As pointed out by the prosecution, the law on the matter
(P.D. 1096) provides that:
Section 305. Validity of Building Permits.
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The issuance of a building permit shall not be construed as an approval or

authorization to the permittee to disregard or violate any of the provisions of this
Code.
Whenever the issuance of a permit is based on approved plans and
specifications which are subsequently found defective, the Building Official is not
precluded from requiring permittee to effect the necessary corrections in said
plans and specifications or from preventing or ordering the stoppage of any or all
building operations being carried on thereunder which are in violation of this
Code.
xxx
Section 306. Non-Issuance, Suspension or Revocation of Building Permits.
The Building Official may order or cause the non-issuance, suspension or
revocation of building permits on any or all of the following reasons or grounds:
(a) Errors found in the plans and specifications;
(b) In correct or inaccurate data or information supplied;
(c) Non-compliance with the provisions of this Code or of any rule or regulation.
Notice of non-issuance, suspension or revocation of building permits shall always
be made in writing, stating the reason or grounds therefor.

Based on the aforesaid law, the Building Official is authorized

to revoke building permits on the ground of non-compliance with
the provisions of the Code or of any rule or regulation. In the case
at bench, the building permit of the accused was revoked because
the Building Official found out that the subject structure (mosque)
is constructed or encroached upon a portion of a public land (a 3meter easement measured from the riverbank of XX River).
Despite the revocation, accused continued their construction. The
accuseds argument that there is no violation of the 3-meter
easement rule is misplaced because such argument could have
been raised before the proper forum, in accordance with law (P.D.
1096), to wit:
Section 307. Appeal.
Within fifteen (15) days from the date of receipt of advice of the non-issuance,
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suspension or revocation of permits, the applicant/permittee may file an appeal

with the Secretary who shall render his decision within fifteen days from date of
receipt of notice of appeal. The decision of the Secretary shall be final subject
only to review by the Office of the President.

There is no showing that in this case, accused had made

such appeal and obtained a favorable ruling. Hence, there is no
legal basis that accused may refuse the revocation order of the
Building Official.
WHEREFORE, the Motion to Quash is DENIED for lack of
merit.
SO ORDERED.
IN CHAMBERS, this 22nd day of December 2016, at XX City.

XX
Presiding Judge

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