04/02/2020
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[42] Section 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 corporation 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: Provided, that in
the case of a corporation firm, partnership or association, the penalty shall be
imposed upon its officials responsible for such violation and in case the guilty party
is an alien, he shall immediately be deported after payment of the fine and/or
service of his sentence.
[43] As provided by the Implementing Rules and Regulations promulgated by the
then Ministry of Public Works to implement P.D. No. 1096, under the title
Abatement/Demolition of Buildings (see portions thereof as cited in the case of Chua
Huat v. CA, 276 Phil. 1(1991), which was further amended in the 2004 Revised IRR
of P.D. No. 1096 (as published by the Department of Public Works and Highways on
April 1, 8 and 15, 2005).
[44] See Gancayco v. City Government of Quezon City, 674 Phil. 637, 656-657
(2011).
[45] Section 455. Chief Executive; Powers, Duties and Compensation.
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(b) For efficient, effective and economical governance the purpose of which is the
general welfare of the city and its inhabitants pursuant to Section 16 of this Code,
the city mayor shall:
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(3) Initiate and maximize the generation of resources and revenues, and apply the
same to the implementation of development plans, program objectives and priorities
as provided for under Section 18 of this Code, particularly those resources and
revenues programmed for agro-industrial development and countryside growth and
progress and, relative thereto, shall:
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(vi) Require owners of illegally constructed houses, buildings or other structures to
obtain the necessary permit, subject to such fines and penalties as may be imposed
by law or ordinance, or to make necessary changes in the construction of the same
when said construction violates any law or ordinance, or to order the demolition or
removal of said house, building or structure within the period prescribed by law or
ordinance;
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