04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Meanwhile, Section 215 of the NBCP, and its corresponding IRR provision (both of which are respectively quoted hereunder) states that before a structure may be abated or demolished,there must first be a finding or declaration by the Building Official that the building/structure is a nuisance, ruinous or dangerous: Section 215. Abatement of Dangerous Buildings. When any building or structure is found or declared to be dangerous or ruinous, the Building Official shall order its repair, vacation or demolition depending upon the degree of danger to life, health, or safety. This is without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. PROCEDURE FOR ABATEMENT/ DEMOLITION OF DANGEROUS/ RUINOUS BUILDINGS/ STRUCTURES 5. Procedure for Demolition of Buildings The following steps shall be observed in the abatement/demolition of buildings under this Rule: 5.1 There must be a finding or declaration by the Building Official that the building/structure is a nuisance, ruinous or dangerous. 5.2 Written notice or advice shall be served upon the owner and occupant/s of such finding or declaration, giving him at least fifteen (15) days within which to vacate or cause to be vacated, repaired, renovated, demolished and removed as the case may be, the nuisance, ruinous or dangerous building/structure or any part or portion thereof. 5.3 Within the fifteen-day (15) period, the owner may, if he so desires, appeal to the Secretary the finding or declaration of the Building Official and ask that a re-inspection or re-investigation of the building/structure be made. x x x x[43] To this, it bears noting that it is the Building Official, and not the City Mayor, who has the authority to order the demolition of the structures under the NBCP. As held in Gancayco v. City Government of Quezon City:[44] [T]he Building Code clearly provides the process by which a building may be demolished. The authority to order the demolition of any structure lies with the Building Official. The pertinent provisions of the Building Code provide: SECTION 205. Building Officials. — Except as otherwise provided herein, the Building Official shall be responsible for carrying out the provisions of this Code in the field as well as elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932 7/13