Republic of the Philippines

OFFICE OF THE CITY ENGINEER

Pasay City, Metro Manila

February 07, 2022

ENGR. RENAN M. BRIONES

Assistant Vice President
Facilities Management and Engineering Department
Philippine Amusement and Gaming Corporation
IMET BPO Tower 1 Building
Metropolitan Park, Roxas Boulevard, Pasay City

Sir:

This pertains to your letter dated 23 November 2021, informing our office of your
proposal to use the same Occupancy Permit No. 18-04505 dated May 18, 2018 issued in
favor of Milagros Pauline L. Visque/PAGCOR covering the 9th, 10th, 11th and 12th floors of
the IMET BPO Tower I building to include the newly occupied 14 th floor area of the same
building previously leased and occupied by Zhong Yi Group of Companies which had
already been issued by our office Certificate of Occupancy in favor of the latter. Attached to
your letter is a certification from the Federal Land Inc., owner/lessor of the subject building
certifies that your company have not conducted any major renovation/construction works
prior to its occupation and of which was further verified and mentioned in the inspection
report dated 16 December 2021 submitted by our engineers.

We regret, however, to inform you that the use of the Occupancy Permit issued by our
office to PAGCOR could not be allowed to include the newly occupied space since this do
not reflect to the approved Building Plans and Specifications submitted to us for approval and
of which is the basis for such issuances of permits (Building and Occupancy). However, since
the occupation of the additional space falls within the exception of securing building permit
(Rule III Section 301.3) and there was no significant change in the character of occupancy
(Rule VII Section 701 of the IRR), there is no provision in the code that allows its inclusion
or amendment to the previously issued occupancy permit by mere request or information.
Also, we disagree with the opinion of your legal group that there is nothing in the Presidential
Decree No. 1096 and its IRR which states that a Building Permit is a prerequisite to the
issuance of an Occupancy Permit. The requirements and other pertinent documents for an
application for the Certificate of Occupancy all pertains or relative to the issuance of original
building permit (Section 309.1), even on our application for the Change of Use or Occupancy
(NBC Form No. B-12) and subsequently in the issuances of Certificate of Use (NBC Form B-
14) requires the previous issuance of building permit.

Again, we would like to emphasize that the Certificate of Occupancy issued in favor
of the holder of building permit is nontransferable in nature, no provision in the Code that a
change of ownership/lessee allow such thing. The “Change of Use” provision applies only to
the same ownership with the intent of changing the character of occupancy of the subject
structure. The occupancy of PAGCOR to the 14 th floor is legal per se since it was already
granted occupancy permit from the previous tenant, provided that no alteration, renovation,
repair were done and no change in the character of occupancy were introduced that will
violate Sections 309 and 307 of the Code. Changing the name of permittee requires a process
to be conducted in compliance to the provisions of the National Building Code, city
ordinances and other pertinent applicable laws.

We hope that we have addressed your concerns and enlightened you on this matter.

Very truly yours,

EDWIN Y. JAVALUYAS
City Engineer II/Building Official