Its Appendages Shall Project Beyond The Property Line of The Building Site, Except As Provided in This

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Dear ____;

This is a letter-complaint in relation to the construction of a


house owned by Mrs. Luzviminda Durian located at the address Block
330 Lot 67 Group 5 Zone 13 San Agustin Street, Pembo, Makati City.
The house construction encroached beyond its property line and is in
violation of the following provisions of the Building Code.
BUILDING PROJECTION OVER PUBLIC STREETS
Section 1001. General Requirements.
(a) No part of any building or structure or any of
its appendages shall project beyond the property
line of the building site, except as provided in this
Code.
(b) The projection of any structure or appendage over
a public property shall be the distance measured
horizontally from the property line to the outermost
point of the projection.
Section 1002. Projection into Alleys or Streets.
(a) No part of any structure or its appendage shall project
into any alley or street, national road or public
highway except as provided in this Code.
(b) Footings located at least 2.40 meters below grade
along national roads or public highway may project
not more than 300 millimeters beyond the property
line.
(c) Foundations may be permitted to encroach into public
sidewalk areas to a width not exceeding 500
millimeters; provided, that the top of the said
foundations is not less than 600 millimeters below the
established grade; and provided further, that said
projections does not obstruct any existing utility such
as power, communication, gas, water, or sewer lines,
unless the owner concerned shall pay the
corresponding entities for the rerouting of the parts of
the affected utilities.
Section 1003. Projection of Balconies and
Appendages Over Streets.
(a) The extent of any projection over an alley or
street shall be uniform within a block and shall
conform to the limitations set forth in Table
1003-A; Projection of Balconies and Appendages
(Annex B-2);
(b) The clearance between the established grade of
the street and/or sidewalk and the lowest under
surface of any part of the balcony shall not be less
than 3.00 meters.

On July 21, 2020, I lodge a complaint before the Infrastructure


Division of Brgy. Pembo under the leadership of Kagawad Turingan
among others. The reason for my complaint is the renovation of the
house of Luzviminda Durian that encroached beyond her property
hence, the right of way is impaired. Also, I am concerned about our
safety and security since the terrace got too close to our fences
which might be robbers possible entry into our property.
On July 22, 2020, the Infra Division headed by Kag. Turingan
went to Luzviminda’s house and reassessed the situation of the
ongoing construction. They reprimand Mrs. Durian, required her to
remove the excess and to discontinue the construction of the
structure that encroached beyond her property. But to no avail,
Mrs. Durian pushed through with constructing the structure, a
terrace that encroached beyond her property.
On July 25, 2020, Left with no choice, I called Mr. Padilla to
update him of the continuous construction of Mrs. Durian’s house
structure beyond what is allowed in the law.
On July 27, 2020, the Brgy. Pembo team went back to Mrs.
Durian’s house to remind her and comply to the order to
discontinue the construction of her house including a terrace that
encroached beyond her property. Mrs. Durian would not cooperate
and disrespect the authority of barangay officials. She insisted that
she is paying real property tax and she has a building permit
secured from Brgy. Pembo.
On July 28, 2020, the Infra Division of Brgy. Pembo promised us
that they will support me, as I lodge my complaint before the
Makati Engineering Department.
We have exhausted all the remedies available to us as her
neighboring structure that would be directly affected of any
violations or encroachment that the property mentioned above that
is detrimental to the safety and security of our area. To no avail,
Mrs. Durian is unfettered and continuous in building the said
structure. We hope for your prompt response and attached herewith
are the signatories of those in support to this letter-complaint
against the said house construction.

Best regards,

SANCHO C. ACUNA
Address: Block 330 Lot 66 Group 5
Zone 13, San Agustin Street, Pembo,
Makati City

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