DAVAO City Mayor Sara Duterte-Carpio said building developers and administrators of the partially collapsed residential building in Ecoland might face legal consequences if proven that they have disregarded the "condemnation notice" from the City.
Duterte-Carpio visited and inspected the site hours after Ecoland 4000 Residences partially collapsed after a magnitude 6.5 earthquake struck Tulunan in Cotabato. The quake was felt at intensity 6 in Davao City.
The mayor said the City Engineer's Office (CEO) already issued three notices to Ecoland 4000, recommending for the condemnation of the building after cracks were found after a magnitude 6.6 earthquake on Tuesday, October 29.
She said she had personally communicated with the Ecoland 4000 Residences building administrator.
Duterte-Carpio said the building official told her that they had implemented forced evacuation after the condemnation notice was issued to them.
"They said all unit owners were notified on the condemnation after we already sent them three notices of the problem of their building," Duterte-Carpio said.
She said the City will "explore legal actions" if it will be proven that the building administrators disregarded the notice.
"That will have to be discussed with the City Legal Office. We will explore possible legal action if makita natin na merong evidence na meron silang pagpabaya sa recommendations of condemnations ng building nila," the mayor said.
Duterte-Carpio also said tenants cannot "waive" their stay since the CEO's notice will prevail.
"Bisan naay waive gikan sa occupants, dili pwede kay nag issue na mismo ang CEO (Even if occupants have waived to extend their stay, it is not valid since CEO already issued a notice)," she said, adding the notice implies immediate evacuation from the building.
Duterte-Carpio, meanwhile, said occupants are advised to consult their lawyers regarding actions they might file against the developer.
She said the City would still provide assistance to the affected tenants, but the responsibility to provide them assistance would still come from Ecoland 4000 Residences.
As of Thursday evening, the Ecoland 4000 Residences management has not yet issued a public statement.
Duterte-Carpio also said they will consolidate all infrastructure damage inflicted since Tuesday's earthquake, October 29.
She said the CEO, with the recommendation from the City Disaster Risk Reduction Management Office (CDRRMO), will furnish data of the total worth of damage caused by the earthquake.
"Mag-consolidate og data ang CDRRMO sa mga areas na i-advisory for Dabawenyos on what areas to be avoided, what areas to be condemned, and areas na safe (CDRRMO will issue a consolidated data for us to issue an advisory for Dabawenyos on what areas to be avoided, what areas to be condemned, and areas that are safe)," she said.
Duterte-Carpio, meanwhile, advised malls and other private building owners to "listen" to the recommendations of the CEO.
"We advise them to listen to the advice of the City Engineers office. Ang ginagawa natin ngayon because merong mga building managers ang mga malalaking infrastructure and buildings, they self-checked tapos ginagawa ng second checking ng City Engineers Office. Kung ano ang recommendation ng CEO, 'yon ang masusunod," Duterte-Carpio said.
Meanwhile, Communications Secretary Martin Andanar said the executive branch is calling on the legislature to amend the National Building Code to avoid further structural danger during natural disasters.
"It's high time to revamp and tighten this outdated law as its current framework is very lax. Let us not wait for a disaster to happen before we become strict in granting building permits," he said in a statement.