Resolve Permit Issues for Public Benefit

The recent revelations about the Department of Public Works and Highways-Iloilo City District Engineering Office (DPWH-ICDEO) completing several projects without the necessary building permits have brought to light significant bureaucratic inefficiencies and procedural oversights.

It is imperative that both the DPWH-ICDEO and the Office of the Building Official (OBO) of Iloilo City Hall focus on resolving these issues promptly, ensuring that public infrastructure projects serve their intended purpose without unnecessary delays or complications.

Atty. Manuel Magbanua, Counsel for the OBO of Iloilo City, has clarified the gravity of the situation. Despite the completion of various infrastructure projects by DPWH-ICDEO, the lack of building permits poses substantial challenges.

Magbanua explained that structures without these permits cannot obtain a certificate of occupancy from the OBO. This certificate is crucial for securing essential services like electricity and water, without which the buildings cannot be utilized.

“If you do not have a building permit, you cannot obtain a certificate of occupancy from the OBO. Without a certificate of occupancy, the structure will not be able to get electricity and technically cannot be used,” Magbanua stated.

This bureaucratic bottleneck underscores a more significant issue: the misalignment between different government agencies that should be working cohesively for the public good.

The legal implications of this oversight are also concerning. According to Magbanua, under the penal provisions of the National Building Code of the Philippines (NBCP) or Presidential Decree No. 1096, the DPWH-ICDEO could face fines of up to P20,000 or imprisonment of up to two years, or both.

However, he also noted that government projects are typically exempt from such fines and penalties, highlighting a systemic leniency that may contribute to such oversights.

“They can be subjected to additional administrative fines and penalties, but under the current policies provided in the NBCP, we typically do not issue fines for government projects since they are usually exempted,” he added.

This exemption potentially fosters a lax attitude towards compliance with necessary regulations, which must be addressed to prevent future occurrences.

Fortunately, there is a pathway to rectification. OBO head Engr. Mavi Gustilo has emphasized that the DPWH-ICDEO can still apply for building permits even after construction has commenced or been completed. This provision, although a stop-gap measure, allows for compliance post-construction. “The belated application for a building permit is allowed. Under the law, you can still comply,” remarked Magbanua.

Gustilo’s approach indicates a willingness to accommodate and rectify these issues without derailing public projects. “We are giving consideration because even for private personnel, we offer leniency. If they cannot immediately provide the documentary requirements or fail to comply with technical requirements, we issue an undertaking that they must comply by a set date. That is our form of consideration,” she said.

However, it is crucial that both the DPWH-ICDEO and OBO remain insulated from political influences and other external noises that could compromise the efficient delivery of public services. Politicians come and go, but the responsibility of government executives to ensure that public projects are executed smoothly and in compliance with regulations remains constant.

The recent decision by the City Council to revoke the DPWH-ICDEO’s authority to construct certain projects, such as the controversial Mandurriao Public Market and several multi-purpose buildings, illustrates the extent to which political dynamics can impact public infrastructure projects.

The declaration of ICDEO head Engr. Roy Pacanan as persona non grata by the city government further complicates matters, potentially hindering the resolution process.

To avoid similar issues in the future, a few key steps must be taken:

1. Strict Enforcement of Regulations: Both agencies must enforce strict adherence to the legal requirements for building permits before the commencement of any project. This ensures that all projects are compliant from the outset, avoiding complications post-construction.
2. Improved Coordination: Regular coordination meetings between the DPWH-ICDEO and OBO should be institutionalized to ensure that all projects are on track and compliant with necessary regulations. This proactive approach can preempt many of the issues currently faced.
3. Transparency and Accountability: Government agencies must operate with a high degree of transparency and accountability. Clear documentation and timely submission of all required permits and approvals should be non-negotiable.
4. Neutralizing Political Influence: Efforts should be made to insulate public service delivery from political influences. Public infrastructure projects should prioritize public benefit over political gain.

The issue of non-compliance with building permit requirements by the DPWH-ICDEO serves as a critical reminder of the importance of procedural adherence and inter-agency coordination. While rectification measures are available, the focus must be on preventing such issues in the first place.

Government executives have a duty to ensure that public services and projects are delivered efficiently, and this can only be achieved through strict adherence to regulations, improved coordination, and a commitment to political neutrality.

The citizens of Iloilo City deserve infrastructure projects that are not only completed but also fully functional and compliant with all necessary regulations. It is the responsibility of both the DPWH-ICDEO and OBO to ensure this outcome, safeguarding the public interest above all else. ​