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Opinion Assignment

The Municipal Mayor's office of San Quintin, Philippines has requested a legal opinion from the Chief Legal Counsel regarding illegal structures that have been built in the municipality's communal forest reserve without permits. Specifically, the Mayor's office seeks advice on: [1] whether structures can be given legal status if owners apply for permits retroactively; [2] the legal remedies available to remove the structures; [3] if the building official can issue demolition orders given the lack of permits; and [4] if the Mayor can issue demolition orders without specific authority in an ordinance. The Mayor's office looks forward to the legal counsel's reply.

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46 views1 page

Opinion Assignment

The Municipal Mayor's office of San Quintin, Philippines has requested a legal opinion from the Chief Legal Counsel regarding illegal structures that have been built in the municipality's communal forest reserve without permits. Specifically, the Mayor's office seeks advice on: [1] whether structures can be given legal status if owners apply for permits retroactively; [2] the legal remedies available to remove the structures; [3] if the building official can issue demolition orders given the lack of permits; and [4] if the Mayor can issue demolition orders without specific authority in an ordinance. The Mayor's office looks forward to the legal counsel's reply.

Uploaded by

glai
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

Province of Maharlika
MUNICIPALITY OF SAN QUINTIN

Office of the Municipal Mayor


April 7, 2019

ATTY. _________________
Chief Legal Counsel
Municipality of San Quintin

Sir;

The office most respectfully request a legal opinion on the following:

Lately we discovered that illegal settlers have been entering our communal forest, created under
Presidential Proclamation No. 123, and have constructed structures therein. Some of these settlers have
claims of ownership over the parcel where their structure was erected. Due to the acts having been
made surreptitiously, some structures were constructed of permanent materials. Records from the
building official indicates that none of these structures have building permits. The said office has already
issued 3 successive notices to each structure owner informing them of the illegal nature of their
structures and with a directive to apply for permits, to date none has complied. In this regard and in
planning the next move of the local government unit, the office seeks your opinion on these.

1. In as much as the notice of the building official has a directive to apply a building permit, may
these structures be given legal status if it is compliant with building restriction codes particularly
for those with claims of ownership?
2. What would be the legal remedies available to the municipality in order to remove these
structures from the forest reserve?
3. May the building official issue demolition orders for these structures for having no building
permit as per the Buidling Code of the Philippines?
4. May the office of the mayor issue a demolition order for these structures if there is no
ordinance granting the mayor the authority to do so?

The office eagerly anticipates your reply,

Very truly yours,

DAN BALBASTRO
Chief Executive Assistant to the Mayor.

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