04/02/2020
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the enforcement of orders and decisions made pursuant
thereto.
Due to the exigencies of the service, the Secretary may
designate incumbent Public Works District Engineers, City
Engineers and Municipal Engineers [to]act as Building
Officials in their respective areas of jurisdiction.
The designation made by the Secretary under this Section
shall continue until regular positions of Building Official are
provided or unless sooner terminated for causes provided by
law or decree.
[x xx x]
SECTION 207.Duties of a Building Official. — In his respective
territorial jurisdiction, the Building Official shall be primarily
responsible for the enforcement of the provisions of this Code
as well as of the implementing rules and regulations issued
therefor. He is the official charged with the duties of issuing
building permits.
In the performance of his duties, a Building Official may enter
any building or its premises at all reasonable times to inspect
and determine compliance with the requirements of this Code,
and the terms and conditions provided for in the building
permit as issued.
When any building work is found to be contrary to the
provisions of this Code, the Building Official may order the
work stopped and prescribe the terms and/or conditions when
the work will be allowed to resume. Likewise, the Building
Official is authorized to order the discontinuance of the
occupancy or use of any building or structure or portion
thereof found to be occupied or used contrary to the provisions
of this Code.
x x x x (Emphases supplied)
In this case, none of the foregoing requisites were shown to concur. Plainly, records
are bereft of any declaration coming from the Building Official, and it is undisputed
that the demolition order was issued by the City Mayor. Notably, while respondents
invoke the City Mayor’s authority under Section 455(b) 3(vi)[45] of the Local
Government Code[46] to order the demolition or removal of an illegally constructed
house, building, or structure within the period prescribed by law or ordinance and
their allegation that respondents’ structures were constructed without building
permits, records disclose that the same was not raised before the trial court. Since
respondents invoked the said section for the first time in their comment to the
instant petition,[47] the argumentation cannot thus be entertained, it being settled
that matters, theories or arguments not brought out in the proceedings below will
ordinarily not be considered by a reviewing court as they cannot be raised for the
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