If there’s no business permit: Contractors can’t compel LGUs to grant them building permit

The Supreme Court has ruled that civilian contractors cannot compel the government to grant them building permit to construct structures if they do not have business permit issued by the local government unit.

Justice Minita Chico-Nazario of the High Court’s third division explained that the failure of the contractors to secure a required business permit is enough justification to deny the application for the issuance of the building permit.

Even the officials of the Department of Public Works and Highways cannot compel the city or municipal engineers – who acted as the building officials in cities and municipalities – to grant building permits unless all the requirements are complied with.

Only last Tuesday, the Supreme Court has acquitted the city engineer of Marikina who was earlier found guilty by the Ombudsman for his refusal to grant building permit to a building contractor.

When the city engineer elevated the case to the Court of Appeals, the order of the Office of the Ombudsman was reversed that prompted the anti-graft court to bring up the issue before the High Court.

But the SC’s third division presided by Justice Ma. Alicia Austria-Martinez has affirmed the appellate court’s ruling, saying that there is no reason to disturb the decision of the CA.
The Implementing Rules and Regulations of the National Building Code clearly stated that whenever necessary, written clearance shall be obtained from the various authorities exercising and enforcing regulatory functions affecting building.

Such authorities expected to enforce their own regulations are the local government units. – Rene U. Borromeo/LPM