REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

9. 2075

House Bil

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Republic Act No. 6541' otherwise known as the National Building Code of the Philippines
provides for all buildings and structures a framework of minimum standards and requirements by
guiding, regulating, and controlling their location, siting, design, quality of materials,
construction, use, occupancy, and maintenance, including their environment, utilities, fixtures,
equipment, and mechanical electrical, and other systems and installations. This is in fulfillment
of the State’s duty and responsibility to identify and oversee the methods and/or requirements for
the safe construction of all buildings and structures in the country.

A ing permit is one basic requirement before one can start with the construction of a
building or structure whether for residential, commercial or industrial use. On the other hand, a
certificate of occupancy is a certification issued after construction and inspection of the building
and/or structure, to attest to the fact that the same is built in accordance with approved standards
and the same is ready and safe for occupancy already. It is well-known fact that perennial
problems in the tedious and burdensome process of securing building permits as well as
certificates of occupancy have inevitably brought about undue delays and has fostered and
allowed corruption to persist.

In order to rectify this unfortunate situation, this measure seeks to amend the existing national
building code to make the process of securing building permits and certificates of occupancy
more efficient and more predictable by putting in place stricter provisions on the time frame for
processing and approval thereof and amending the appeals process as well as the imposition of
penalties on erring officials.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

Representative
Magdalo Para sa Pilipino Party-List

2 Republic Act No. 6541 http://www.chanrobles.com/republicactno6541.htm#t.VWpSDs-qqko


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7075

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO EXPEDITE AND STREAMLINE THE APPLICATION PROCESS FOR SECURING
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY, AMENDING FOR
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6541, OTHERWISE
KNOWN AS THE NATIONAL BUILDING CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Amending Section 1.02.03 (d) of RA No. 6541.~ SEC. 1.02.03 (d) of
Republic Act No. 6541, otherwise known as the National Building Code of the Philippines, is
hereby amended to read as follows:

“(d) The applicant for a building permit for private buildings or structures after having
‘complied with all the requirements prescribed therefor in accordance with the provisions
of this Code, shall be issued a building permit within fifteen (15) days from the date of
payment of the permit fee for Groups A and J Occupancies and within thirty (30) days
from the date of payment of the permit fee for other Group Occupanciesf,]. IF THE
SAME IS NOT ACTED UPON BY THE APPROVING OFFICER WITHIN THE
PRESCRIBED PERIOD, IT SHALL BE PRESUMED THAT THE BUILDING
PERMIT IS APPROVED, unless any local government official or his Deputy
authorized to issue the permit. It shall inform the applicant in writing why the permit
should not be issued, and shall indicate thereon the particular provisions of the Code
violated by the applicant or the particular requirements not complied with. Within fifteen
(15) days from the date of receipt by the applicant of advice from any local government
official or his Deputy authorized to issue the permit why the building permit should not
be issued, or why the building permit is suspended or revoked, the applicant may appeal
the non-issuance, suspension, or revocation thereof, to the [Mayor of the chartered city or
municipality, or the Governor of the province] LEGAL DIVISION OF THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH) [where the
building or structure for which the permit is being applied for is located]. Said appeal
shall be decided within fifteen (15) days from receipt thereof, otherwise, the applicant
may bring the matter to the proper Court of Justice for final disposition.”

SECTION 2. Amending Section 1.02.05 (b) of RA No. 6541. — SEC. 1.02.05 (b) of
Republic Act No. 6541, otherwise known as the National Building Code of the Philippines, is
hereby amended to read as follows:


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“(b) Certificates of Occupancy. The proper Certificate of Occupancy shall be issued to
the applicant within seven (7) days from completion of the requirements for inspection
and occupancy and payment of any and all fees therefor[,]. IF THE SAME IS NOT
ACTED UPON BY THE APPROVING OFFICER WITHIN THE PRESCRIBED
PERIOD, IT SHALL BE PRESUMED THAT THE CERTIFICATE OF
OCCUPANCY IS APPROVED, unless [bJany local government official or his Deputy
issuing the Certificate shall show cause in writing why the Certificate should not be
issued and shall indicate thereon the particular provisions of the Code violated or the
particular requirements not complied with. Within fifteen (15) days from receipt by the
applicant of the advice from any local government official or his Deputy authorized to
issue the certificate why the certificate should not be issued, or why the certificate is
suspended or revoked, the applicant may appeal the non-issuance, suspension, or
revocation thereof, to the [Mayor of the chartered city or municipality, or the Governor of
the province] LEGAL DIVISION OF THE DEPARTMENT OF PUBLIC WORKS
AND HIGHWAYS (DPWH) [where the building for which the certificate is being
applied for is located]. Said appeal shall be decided within fifteen (15) days from receipts
thereof, otherwise, the applicant may bring the matter to the proper Court of Justice for
final disposition. The building may be occupied only upon issuance of the Certificate of
Occupancy.”

SECTION 3. Penalties. — Any local government official and/or his Deputy who commit
acts in violation of Republic Act No. 6541, otherwise the National Building Code of the
Philippines, as amended, as well as in cases of frivolous, false and/or malicious findings leading
to delay and/or disapproval of applications for building permit and/or certificate of occupancy
shall face prosecution under the Revised Penal Code and/or any local ordinance, as well as civil
action under our civil laws and administrative disciplinary action under the Revised
Administrative Code and/or the Civil Service Law and Rules.

SECTION 4. Separability Clause. — If any part or provision of this Act is declared
invalid or unconstitutional, the other provisions not affected thereby shall remain in full force
and effect.

SECTION 5. Repealing Clause. — All laws, executive orders and other administrative
issuances and parts thereof, which are inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.

SECTION 6. Effectivity Clause ~ This Act shall take effect fifteen (15) days following
its complete publication in the Official Gazette or in two (2) newspapers of general circulation in
the Philippines.

Approved,