PROPOSED ORDINANCE NO.

032-2020

Introduced by HON. SOCRATES M. TUASON, LIGA Federation President

AN ORDINANCE REQUIRING THE INSPECTION OF ALL CONCRETE VERTICAL

STRUCTURES OR OTHERWISE CONSTRUCTED ON UNTITLED LANDS TO ASSESS
THEIR INTEGRITY AND SAFETY AS PART OF THE RISK MITIGATION MEASURE

BE IT ORDAINED by the Sangguniang Panlungsod of the City of Masbate in session duly

assembled, that:

ARTICLE I
PRELIMINARY PROVISIONS

Section 1. Title. This ordinance shall be known as the “VERTICAL CONCRETE

STRUCTURE RESILIENCY ASSESSMENT ORDINANCE OF 2020”

Section 2. Legal Basis

a. Under the Civil Code of the Philippines, the owner of the land or one who
lays claim to, or asserts a possessory right over it has the right to use and
enjoy land and introduce improvements thereon, such as the construction of
residential and commercial structure, within the limits of the law.
b. IRR of Presidential Decree 1096, otherwise known as the Building Code of
the Philippines, requires that building permits shall be secured for structure
to be constructed on titled lands.
c. Despite such, there have been vertical concrete structures built on untitled
lands by reason of the people’s necessity to have abodes. Hence, they have
been built without the corresponding building permits.
d. A structure without a building permit is considered a dangerous building,
hence, a nuisance per accidents.
e. Republic Act No. 10121, otherwise known as the Philippine Disaster Risk
Reduction and Management Act of 2010,requires the Local Government
Unites to develop and implement disaster risk mitigation measures to
lessen, if not totally avoid, the damage that may cause by the structures
during a disaster, as part of the holistic disaster risk management system.
f. Under Republic Act No. 7610, otherwise known as the Local Government
Code, the local government has the obligation to look after the general
welfare of its constituents, which includes ensuring the safety of their
abodes;

Section 3. Definition of Terms.For the purpose of this Ordinance, the following terms
shall;

a. Untitled Land – refers to the land that is not covered by a Torrents Title.
b. Vertical Structures – refers to buildings, houses, towers, etc and other
similar structures.

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 c. One Family Dwelling – a detached building designed for or occuoied
exclusively by one family.
d. Two Family Dwelling - means a multifamily dwelling designed to house two
families. For example, a duplex is a two family dwelling.
e. Type III Buildings
a. Type III-A- -Protected Combustible (Also known as "ordinary"
construction with brick or block walls and a wooden roof or floor
assembly which is 1 hour fire protected). 2 Hr. Exterior Walls* 1 Hr.
Structural Frame 1 Hr. Floor/Ceiling/Roof Protection
b. Type III-B- -Unprotected Combustible (Also known as "ordinary"
construction; has brick or block walls with a wooden roof or floor
assembly which is not protected against fire. These buildings are
frequently found in "warehouse" districts of older cities.) 2 Hr.
Exterior Walls* No fire resistance for structural frame, floors, ceilings,
or roofs.
f. Permanent Structures-a non-movable building, securely attached to a
foundation, housing a business
g. Light Materials- made up of or constructed of native materials such as
bamboo, nipa, logs or lumber.
h. Semi-Concrete–
i.
j. Mixed Materials-
k. Dangerous Building-means any building in such a condition as to cause
risk of injury either to the occupiers or users of such building or to the
occupiers or users of any neighbouring building or to the general public.
l. Mitigation - means reducing risk of loss from the occurrence of any
undesirable event.
m. Barangay Resiliency Assessment Council (BRAC) -
n. CEDRA

ARTICLE II
COVERAGE AND EXCEPTION

Section 4. Coverage – This ordinance shall cover all privately owned concrete and/or steel
residential, commercial and other structures that have been built on untitled
residential, commercial, or agricultural land, or on public land.

This Ordinance also covers other concrete vertical structures owned by religious
corporations or societies, non-government organizations, or non-profit
organizations that have been built on untitled lands.

This Ordinance also covers all structures, concrete or otherwise, not covered by
the National Building Code.

Section 5. Exception. This ordinance shall not apply to:

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 a. Vertical structures with approved building permits, regardless of the nature of the
land subject to annual regular inspection under the existing laws and ordinances.
b. Vertical structures built on titled lands but without building permit, as they are
covered by the National Building Code. The owners shall be required to comply
c. Minor constructions, such as sheds, outhouses, children playhouses, greenhouses,
poultry houses and the like
d. Residential houses made of all light materials, or mixed materials,
e. Structures for commercial use made of light materials or mixed materials,
f. Government housing units
g. Government buildings
ARTICLE III
BUILDING RESILIENCY ASSESSORS

Section 6. BRAC Creation. It is hereby created a Building Resiliency Assessors Council

(BRAC), which shall be composed of the following:

Chairperson - City Mayor

Co-Vice Chairperson - City Engineer
Co-Vice Chairperson - City Disaster Risk Reduction
Management Officer

Members City Planning and Development Coordinator

City Social Welfare and Development Officer
City Legal Officer
Office of the Public Order and Safety

The City Administrator shall take over as chairperson in the absence of the City
Mayor.

Section 7. Joint-Secretariat. There shall be a Joint Secretariat to be composed of the

employees from the City Engineer’s Office and City Disaster Risk Reduction
Management Office.

Section 8. BRAT Formation. The BRAC shall organize the Building Resiliency Assessors
Team (BRAT) to be composed of the composed of the following:

Chairperson - City Mayor

Co-Vice Chairperson - City Engineer
Co-Vice Chairperson - City Disaster Risk Reduction

Members - Management Officer

City Planning and Development Coordinator
City Social Welfare and Development Officer
City Legal Officer
Office of the Public Order and Safety

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Section 9. Quarterly Meeting. The BRAC shall hold a regular quarterly meeting. It may hold
its quarterly meeting jointly with the quarterly meeting of the Committee on
Peace, Order and Public Safety.

The BRAC may call and hold a meeting at any time.

ARTICLE IV
RESILIENCY ASSESSMENT

Section 10. Building Code.During the Resiliency Assessment, the BRAT shall use as guide
and reference the principles embodied in the National Building Code. The
assessment shall be specifically focused on the integrity of the building vis-a-vis
the typhoon, flood, earthquake, and fire hazards and other disasters

Section 11. As-Built Plan.The BRAT shall require the submission of as-built plans for all
structures that are built on dangerous areas, except those made of light
materials or mixed materials. However, for those structures built on non-
dangerous areas, only those made of concrete materials and with a height of
two storey or higher shall be required to submit as-built plans.

Section 12. Assessment and Recommendation.The BRAT shall prepare a written

assessment about the integrity of the building as inspected, and shall endeavor
to recommend alterations or additional engineering works or designs, as it sees
fit and necessary, to make the structure closely, if not totally, compliant with
the National Building Code.

The assessment and recommendation of the BRAT shall be submitted to the

BRAC for further deliberation and action. The BRAC shall issue the necessary
order of compliance, if necessary, to the owner of the structure based on the
opinion and recommendation of the BRAT.

ARTICLE V
PRIORITY IN RESILIENCY ASSESSMENT

Section 13. Dangerous Areas. After the enactment into law of this Ordinance, the BRAC
shall give immediate priority to the resiliency assessment of the structures that
have been built on dangerous areas, such as, but not limited to, near or inside
a fishpond or the like, near the seashore, riverbank, on the side of a mountain,
or on reclaimed areas. Their resiliency against typhoon, storm surge, flashflood,
soil erosion, or earthquake shall be given importance in the assessment.

If the structure is found to be extremely dangerous to be occupied or inhabited

during the occurrence of typhoon, storm surge, earthquake and other natural
causes despite the introduction of alterations, repairs and rehabilitation of
engineering designs, the BRAT may recommend for either abandonment or
demolition of the same through the process set under Article VI on Abatement
of Nuisance.
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Section 14. Non-Dangerous Areas. In the non-dangerous areas, the BRAC shall give priority
to the resiliency assessment of residential, commercial, industrial and other
buildings that are two-storey high or more.

ARTICLE VI
ABATEMENT OF NUISANCE

Section 15. Declaration of Nuisance. The BRAT may recommend for the declaration of a
structure as a public nuisance when after inspection, the owner shall not
implement the recommended alterations or additional engineering works or
designs despite three (3) repeated Notices to comply.

A Notice posted on the property is considered notice duly served.

Section 16. Court Action. The BRAC shall declare a public nuisance and the same shall
submit recommendation to the City Mayor. The City Mayor, through the City
Legal Officer, is authorized to file in court a civil action.

ARTICLE VII
RESILIENCY CERTIFICATION

Section 17. Various Certifications. After the completion of assessment, compliance of

alteration, if any, and payment of all fee/s, the BRAC, through a resolution
adopted in a regular meeting, shall issue, a copy of Resiliency Certification (RC)
to the owner duly signed by the Chairperson and co-signed by both Co-Vice
Chairpersons.

For the purpose of the application for business permit, the BRAC may issue a
Probationary Resiliency Certification (PRC) to the owners of commercial
buildings that are undergoing resiliency assessment. The PRC, however, shall
not be issued unless all the fees for the resiliency assessment set forth in Article
VIII are paid.

The owner must comply for probationary business permit within three (3)
months. There must be a temporary sanction for incompliance of the
establishment.

The BRAC may also issue a Certification of Exemption from Resiliency

Assessment (CERA) to the owner of commercial buildings mentioned in Section
5 (e) hereof for the purpose of the application for business permit. The issuance
shall be subject to the payment of the certification fee.

Section 18. BPLO Recognition.The Business Permit and Licensing Office shall accept the
Resiliency Certification or Probationary Resiliency Certification, or Certification
of Exemption from Resiliency Assessment, in lieu of the building permit, in the
application for business permit.

Section 19. Not a Bar. The issuance of the Resiliency Certification to the owners of vertical
structures that have been built on dangerous areas shall not be a bar to a
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 future action or recommendation that the BRAC may undertake in view of the
dangerous character of the place.

ARTICLE VIII
FEES

Section 20. Resiliency Certification Fee. The resiliency assessment of all structures for
commercial use shall be charged with the following fees:

A. Residential:

a.Division A-1 and A-2 Buildings:

1. Costing up Php 150,000.00 ………………………………………………. Php100.00

2. Costing more than Php150,000.00 up to Php
400,000.00………………………………………………………………………….Php200.00
3. Costing more than Php400,000.00 up to 850,000.00 ……………… Php400.00
4. Costing more than Php850,000.00 up to 1,200,000.00………………Php800.00
5. Every million or portion thereof in excess of 1,200.00 ……………….Php800.00

B. Commercial/Industrial/Cultural

b). Division E-1, E-1,2,3/F-1/G-1,2,3,4,5/H-1,2,3,4,/and 1-1 Buildings:

1. Costing up to
Php150,000.00…………………………………………………………………..Php200.00
2. Costing more than Php150,000.00 up to 400,000.00…..………….Php400.00
3. Costing more than 400,000.00 up to 850,000.00……………….…..Php800.00
4. Every million or portion there in excess up to 1,200,000.00……..Php1,000.00

C.Educational/Recreational/Institutional

c.Division C-1,2/D-1,2, 3 Buildings:

1. Costing up to Php150,000.00………………………………………………………………
Php150.00
2. Costing more than Php150,000.00 up to 400,000.0…………...Php250.00
3. Costing more than 400,000.00 up to Php850,000.00………….Php600.00
4. Costing more than 850,000.00 up to Php1,200.00…..……….. Php900.00
5. Every million or portion thereof in excess of 1,200,000.00…..Php900.00

D. Agricultural

d) Division J-1 Building Structures:

1). With floor area up to 20.00 sq. Meters ……………………………..Php 50.00

2). With floor area above 20.00 sq. Meters up to 500 sq.meters….Php 240.00
3) .With floor area above 500,00 sq meters up to 1,000 sq. Meters……….Php360.00
4). With floor area above 1,000.00 sq.meters up to 5,000.00 sq. Meters…Php480.00
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 5). With floor area above 5,000.00 sq. m up to 10,000.00 sq. meters…….Php200.00
6). With floor area above 10,000.00 sq.m……………………………………..Php2,400.00

E. Accessory

e). Division J-2 Structures:

1. Garages, Carports, balconies, terraces, lanais and the like: 50% of the rate of the
principal building, of which they are accessories.
2. Aviaries, aquarium, 200 structures and the like:
3.Towers such as for Radio and Tv transmissions, cell site, sign (ground floor type)
and water tank supporting structures and the like in any location shall be imposed fees as
follows:

(a) First 10.00 meters of height from the ground …………………… Php 800.00
(b) Every meter or fraction thereof in excerss of 10.00…..…….…….. Php 50.00

F. Change in Use/Occupancy, per sqm or fraction thereof

of area affected …………………………………………………………………..Php 5.00

G. RESIDENTIAL BUILDING

g. Division A-1

Area in Sq. Meters Fee per sq. Meter

1. Original Complete construction up to 20.00 sq. Meters Php 2.00
2. Additional/renovation/alteration up to 20.00 sq. Meters
Regardless of floor area of original construction Php2.40
3. Above 20.00 sq. Meters to 50 sq. Meters Php3.40
4. Above 50.00 sq. Meters to 100.00 sq. Meter Php 3.40
5. Above 100.00 sq. Meters to 150 sq. Meters Php 7.20

Sample Computation for Building Fee for a 75.00 sq. Meters floor area:
Floor area:

Floor area 75.00 sq. Meters

Therefore area bracket is 3.a.iv
Fee= P4.80/sq. Meter
Building Fee= 75.00 x 4.80 = P360.00

H. Division A-s

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 Area in sq. Meters Fee per sq. Meter

1. Original complete construction up

to 20.00 sq. Meters P 3.00
2. Additional/renovation/alteration up
to 20.00 sq.meter regardless of floor area
of original construction 3.40
3. Above 20.00 sq. Meters to 50.00 sq. Meters 5.20
4. Above 50.00 sq. Meters to 100.00 sq. Meters 8.00
5. Above 150.00 sq. Meters 8.40

I. Division B-1/C-1/E-1,2,3/F-1/G-1,2,3,4/I-1 and J-1,2,3

Area in sq. meters Fee per sq. meter

1. Up to 500 Php 23.00

2. Above 500 to 600 22.00
3. Above 600 to 700 20.50
4. Above 700 to 800 19.50
5. Above 800 to 900 18.00
6. Above 900 to 1,000 17.00
7. Above 1,000 to 1,500 16.00
8. Above 1,500 to 2,000 15.00
9. Above 2,000 to 3,000 14.00
10. Above 3,000 12.00

NOTE: Computation of the building fee for item Section 238. C is cumulative. The total area
is split up into sub-areas corresponding to the area bracket indicated in the table above. Each sub-
area and the fee corresponding to its area bracket are multiplied together. The building fee is the
sum of the individual products as shown in the following example:

Sample Computation:
Building Fee for a building having a floor area of 3,200 sq. meters:

1. First 500 sq. meters @ 23.00 Php 11,500.00

2. Next 100 sq. meters @ 22.00 2,200.00
3. Next 100 sq. meters @ 20.50 2,050.00
4. Next 100 sq. meters @ 19.50 1,950.00
5. Next 100 sq. meters @ 18.00 1,800.00
6. Next 100 sq. meters @ 17.00 1,700.00
7. Next 500 sq. meters @ 16.00 8,000.00
8. Next 500 sq. meters @ 15.00 7,500.00
9. Next 1,000 sq. meters @ 14.00 14,000.00
10. Next 200 sq. meters @ 12.00 2,400.00
Total Building Fee Php 53,100.00

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J. Division C-2/D-1,2,3

Area in sq. meters Fee per sq. meter

1. Up to 500 Php 12.00

2. Above 500 to 600 11.00
3. Above 600 to 700 10.20
4. Above 700 to 800 9.60
5. Above 800 to 900 9.00
6. Above 900 to 1,000 8.40
7. Above 1,000 to 1,500 7.20
8. Above 1,500 to 2,000 6.60
9. Above 2,000 to 3,000 6.00

ARTICLE IX
MISCELANEOUS PROVISIONS

Section 21. Funding. The city government shall allocate funds for the resiliency
assessment.

Section 23. Separability Clause. If any provisions of this Ordinance or the application of
such provision to any person circumstances is declared invalid, the remainder
of the Ordinance or the application of such provision to other persons or
circumstances shall not be affected by such declaration.

Section 24. Repealing Clause. All ordinances, executive orders, rules and regulations,
resolutions or parts thereof which are inconsistent with the provisions of the
Ordinance are hereby repealed or modified accordingly.

Section 25. Effectivity Clause.This Ordinance shall take effect after three consecutive
publication in a weekly newspaper of general circulation and official website in
the City of Masbate.

HON. SOCRATES M. TUASON

Liga President/ Author