Article 141Supplement v1, p. 141

COMMERCIAL LAWS SUPPLEMENT

adjoining

establishments

and

habitations

shall

be

declared a public nuisance, as defined in the Civil Code of

the Philippines

in a notice to be issued to the owner, administrator,

occupant or other person responsible for the condition of

the building, structure and their premises or facilities. If

the assessed value of the nuisance or the amount to be

spent in abating the

same is not more than One hundred thousand pesos

(P100,000.00),

the

owner,

administrator

or

occupant

thereof shall

abate

the hazard within Fifteen (15) days, or if the

assessed value is more than One hundred thousand

pesos (P100,000.00),

within thirty (30) days from receipt of the order declaring

said building or structure a public nuisance; otherwise,

the

Chief, BFP or his/her duly authorized representative shall

forthwith

cause

its

summary

abatement.

Failure

to

comply

within five (5) days from the receipt of the notice shall

cause

the

Chief,

BFP

or

his/her

duly

authorized

representative to

put up a sign in front of the building or structure, at or

near the entrance of such premises, notifying the public

that such

building or structure is a "FIRE TRAP", which shall remain

until the owner, administrator, occupant or other person

responsible

for the condition of the building, structure and their

premises or facilities abate the same within the specified

period.

Summary abatement as used herein shall mean all

corrective measures undertaken to abate hazards which

shall include, but not limited to remodeling, repairing,

strengthening, reconstructing, removal and demolition,

either partial or total, of the building or structure. The

expenses incurred by the government for such summary

abatement shall be borne by the owner, administrator or

occupant. These expenses shall constitute a prior lien

upon such property.

SECTION 10. Enforcement of the Lien. — If the owner,

administrator

or

occupant

fails

to

reimburse

the

government of the expenses incurred in the summary

abatement within ninety (90) days from the completion

of such abatement, the building or structure shall be sold

at public auction in accordance with existing laws and

rules. No property subject of lien under Section 9 hereof,

may

be sold at a price lower than the abatement

expenses incurred by the government. The property shall

be forfeited in favor of the government if the highest bid

is not at least equal to the abatement expenses.

SECTION 11. Penalties. —

1. Against the private individual:

a) Administrative fine — Any person who violates any

provision of the Fire Code or any of the rules and

regulations

promulgated

under

this

Act

shall

be

penalized by an administrative fine of not exceeding Fifty

thousand pesos (P50,000.00) or in the proper case, by

stoppage of operations or by closure of such buildings,

structures and their premises or facilities which do not

comply

with

the

requirements

or

by

both

such

administrative fine and closure/stoppage of operation to

be

imposed

by

the

Chief,

BFP:

Provided,

That the

payment of the fine, stoppage of operations and/or

closure of such buildings, structures, and their premises

or facilities shall not absolve the violator from correcting

the deficiency or abating the fire hazard. The decision of

the Chief, BFP, under this subsection, may be appealed to

the Secretary of the Interior and Local Government.

Unless ordered by the Secretary of the Interior and Local

Government the appeal shall not stay the execution of

the order of the Chief, BFP. The decision of the Secretary

of the Interior and Local Government shall be final and

executory.

b) Punitive — In case of willful failure to correct the

deficiency or abate the fire hazard as provided in the

preceding subsection, the violator shall, upon conviction,

be punished by imprisonment of not less than six (6)

months nor more than six (6) years, or by a fine of not

more than One hundred thousand pesos (P100,000.00) or

both such fine and imprisonment: Provided, however,

That in the case of a corporation, firm, partnership or

association,

the

fine

and/or

imprisonment

shall

be

imposed upon its officials responsible for such violation,

and in case the guilty party is an alien, in addition to the

penalties herein prescribed, he shall immediately be

deported: Provided, finally, That where the violation is

attended by injury, loss of life and/or damage to property,

the

violator

shall

be

proceeded

against

under

the

applicable provisions of the Revised Penal Code .

Any person who, without authority, maliciously removes

the

sign

that

a

building

or

structure

is

a

fire

hazard/firetrap placed by the authorized person in this

Code shall be liable for imprisonment for thirty (30) days

or a fine not exceeding One hundred thousand pesos

(P100,000.00) or both in the discretion of the court.

Any person, who disobeys the lawful order of the fire

ground commander during a firefighting operation shall

be penalized with imprisonment of one (1) day to thirty

(30) days and a fine of Five thousand pesos (P5,000.00).

2. Against the public officer/employee

a) Administrative — The following acts or omissions shall

render the public officer/employee in charge of the

enforcement of this Code, its implementing rules and

regulation

and other pertinent laws, administratively

liable, and shall be punished by reprimand, suspension or

removal in the discretion of the disciplining authority,

depending on the gravity of the offense and without

prejudice to the provisions of other applicable laws:

(1) Unjustified failure of the public officer/employee to

conduct inspection of buildings or structures at least

once a year;

(2) Deliberate failure to put up a sign in front of the

building or structure within his/her area of responsibility

found to be violating this Code, its implementing rules

and regulations and other pertinent laws, that the same

is a "FIRE HAZARD" or a "FIRE TRAP";

(3) Endorsing to the Chief, BFP or his/her duly authorized

representative for the certification, or submitting a report

that

the

building

or

structure

complies

with

the

standards set by this Code, its implementing rules or

regulations or other pertinent laws when the same is

contrary to fact;

(4) Issuance or renewal of occupancy or business permit

without the fire safety inspection certificate issued by the

Chief, BFP or his/her duly authorized representative;

(5) Failure to cancel the occupancy or business permit

after the owner, administrator, occupant or other person

responsible for the condition of the building, structure

and other premises failed to comply with the notice/order

for compliance with the standards set by this Code, its

implementing rules and regulations and other pertinent

laws, within the specified period;

(6) Failure to abate a public nuisance within fifteen (15)

days after the owner, administrator, occupant or other

responsible person failed to abate the same within the

period contained in the notice to abate;

(7)

Abusing his/her authority in the performance of

his/her

duty

through

acts

of

corruption

and

other

unethical practices; or

(8) Other willful impropriety or gross negligence in the

performance of his/her duty as provided in this Act or its

implementing rules and regulations.

b) Punitive — In case of willful violation involving the

abovementioned acts or omissions enumerated under

Section 11 subparagraph 2(A), the public officer/employee

© Compiled by RGL

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