04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932 8/13

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