11

Update on the Update on the Revised IRR of Revised IRR of

National Building National Building CodeCode

Angel L. Lazaro III, Ph.D.Angel L. Lazaro III, Ph.D.Chairman, Board of Civil EngineeringChairman, Board of Civil Engineering

Professional Regulation CommissionProfessional Regulation Commission

22

Short HistoryShort History

• The National Building Code, Presidential The National Building Code, Presidential Decree 1096, was approved in the 1970’sDecree 1096, was approved in the 1970’s

• PD 1096 has not been amendedPD 1096 has not been amended• PD 1096 calls for the issuance by the PD 1096 calls for the issuance by the

Secretary of the DPWH of Implementing Secretary of the DPWH of Implementing Rules and Regulations (IRR)Rules and Regulations (IRR)

• The current IRR is composed of DPWH The current IRR is composed of DPWH Orders issued through the yearsOrders issued through the years

• For the past few years, the DPWH has For the past few years, the DPWH has been preparing a consolidated revised been preparing a consolidated revised IRRIRR

33

Short HistoryShort History

• The DPWH formed a Board of The DPWH formed a Board of Consultants (BOC) composed of various Consultants (BOC) composed of various stakeholders to prepare a draft of the stakeholders to prepare a draft of the Revised IRRRevised IRR

• The BOC included representatives from The BOC included representatives from Accredited Professional Organizations, Accredited Professional Organizations, including PICE, UAP, PSSE, etc.including PICE, UAP, PSSE, etc.

• After the BOC submitted their draft, the After the BOC submitted their draft, the final version of the Revised IRR was final version of the Revised IRR was prepared by the DPWH National Building prepared by the DPWH National Building Code Review CommitteeCode Review Committee

44

DPWH National Building DPWH National Building Code Review CommitteeCode Review Committee• Chairman: Raul C. Asis, Chairman: Raul C. Asis, Civil EngineerCivil Engineer, Assistant , Assistant

SecretarySecretary

• Members:Members:– Antonio V. Molano, Jr., Antonio V. Molano, Jr., Civil EngineerCivil Engineer, Director IV, , Director IV,

Bureau of Research and StandardsBureau of Research and Standards– Nestor V. Agustin, Nestor V. Agustin, Civil EngineerCivil Engineer, Director IV, PMO-, Director IV, PMO-

Special BuildingsSpecial Buildings– Gilberto S. Reyes, Gilberto S. Reyes, Civil EngineerCivil Engineer, OIC, Director IV, , OIC, Director IV,

Bureau of DesignBureau of Design– Walter R. Ocampo, Walter R. Ocampo, Civil EngineerCivil Engineer, Director III, Bureau , Director III, Bureau

of Constructionof Construction– Camilo G. Foronda, Lawyer, Director III, Legal ServiceCamilo G. Foronda, Lawyer, Director III, Legal Service– Emmanuel P. Cuntapay, Architect V, Bureau of DesignEmmanuel P. Cuntapay, Architect V, Bureau of Design

55

Short HistoryShort History• The Revised IRR contains Technical The Revised IRR contains Technical

Provisions (Types of Construction, Fire Provisions (Types of Construction, Fire Requirements, Classification and General Requirements, Classification and General Requirements, Light and Ventilation, Requirements, Light and Ventilation, Sanitation, Building Projections, etc.)Sanitation, Building Projections, etc.)

• The Revised IRR also includes The Revised IRR also includes Administrative Provisions (Administration Administrative Provisions (Administration and Enforcement, Permits and Inspection, and Enforcement, Permits and Inspection, etc.)etc.)

• Technical Provisions are alright, but Technical Provisions are alright, but Administrative Provisions are problematicAdministrative Provisions are problematic

66

Issues Resulting from Issues Resulting from Revised IRRRevised IRR

• Who is the Registered Professional Who is the Registered Professional Authorized to Prepare, Sign and Seal Authorized to Prepare, Sign and Seal Building Plans (Civil Engineer or Building Plans (Civil Engineer or Architect)?Architect)?

• Which is the Proper Body that Which is the Proper Body that Appoints Building Officials Appoints Building Officials (City/Municipal Mayors or DPWH (City/Municipal Mayors or DPWH Secretary)?Secretary)?

77

Who is the Registered Who is the Registered Professional Authorized Professional Authorized

to Prepare, Sign and to Prepare, Sign and Seal Building Designs, Seal Building Designs,

Plans and Specifications Plans and Specifications (Civil Engineer or (Civil Engineer or

Architect)?Architect)?

88

Revised IRR Violates RA 544 Revised IRR Violates RA 544 (The Civil Engineering Law)(The Civil Engineering Law)• Certain Administrative Provisions of Certain Administrative Provisions of

the Revised IRR violate Republic Act the Revised IRR violate Republic Act 544 (The Civil Engineering Law)544 (The Civil Engineering Law)

• Specifically, the Revised IRR violates Specifically, the Revised IRR violates Sections 2 and 23 of Republic Act 544Sections 2 and 23 of Republic Act 544

• The Revised IRR will prevent licensed The Revised IRR will prevent licensed Civil Engineers from practicing Civil Civil Engineers from practicing Civil EngineeringEngineering

99

How Does the Revised IRR prevent How Does the Revised IRR prevent Civil Engineers from Practicing Civil Civil Engineers from Practicing Civil Engineering?Engineering?• Original IRROriginal IRR

– Section 302 of P.D. 1096 and Section 3.2 of Ministry Order 57 Section 302 of P.D. 1096 and Section 3.2 of Ministry Order 57 (Original IRR) requires the submittal to the Building Official of (Original IRR) requires the submittal to the Building Official of five (5) sets of plans and specifications prepared, signed and five (5) sets of plans and specifications prepared, signed and sealed by a duly licensed sealed by a duly licensed architect or civil engineer, in architect or civil engineer, in case of architectural and structural plans.case of architectural and structural plans.

• Revised IRRRevised IRR– Section 302.3 of Revised IRR requires the submittal to the Section 302.3 of Revised IRR requires the submittal to the

Building Official of five (5) sets of plans, specifications and Building Official of five (5) sets of plans, specifications and documents prepared, signed and sealed over the printed documents prepared, signed and sealed over the printed name of the duly licensed and registered professionals:name of the duly licensed and registered professionals:• Architect, in case ofArchitect, in case of architectural documentsarchitectural documents; in case ; in case

of architectural interior/interior design documents, either an of architectural interior/interior design documents, either an architect or interior designer may sign;architect or interior designer may sign;

• Civil Engineer, in case ofCivil Engineer, in case of civil/structural documentscivil/structural documents;;– Therefore, the definitions of “Architectural Documents” Therefore, the definitions of “Architectural Documents”

(Section 302.4) and “Civil/Structural Documents” (Section (Section 302.4) and “Civil/Structural Documents” (Section 302.5) are very important 302.5) are very important

1010

Definition of “Architectural Documents” in Definition of “Architectural Documents” in the Revised IRR (Section 302.4)the Revised IRR (Section 302.4)• Architectural Plans/DrawingsArchitectural Plans/Drawings

– Vicinity Map/Location PlanVicinity Map/Location Plan– Site Development PlanSite Development Plan– PerspectivePerspective– Floor PlansFloor Plans– ElevationsElevations– SectionsSections– Reflected Ceiling PlanReflected Ceiling Plan– Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections– Schedule of Doors and WindowsSchedule of Doors and Windows– Schedule of FinishesSchedule of Finishes– Details of other major architectural elementsDetails of other major architectural elements

• Architectural Interiors/Interior DesignArchitectural Interiors/Interior Design• Plans and Specific Locations of Accessibility Plans and Specific Locations of Accessibility

FacilitiesFacilities• Fire Safety DocumentsFire Safety Documents• Other Related DocumentsOther Related Documents

1111

Definition of Civil/Structural Definition of Civil/Structural Documents in the Revised IRR Documents in the Revised IRR (Section 302.5)(Section 302.5)

• Site Development PlanSite Development Plan

• Structural PlansStructural Plans

• Structural Analysis and DesignStructural Analysis and Design

• Boring and Load TestsBoring and Load Tests

• Seismic AnalysisSeismic Analysis

• Other related documentsOther related documents

1212

Revised IRR will Prevent Civil Revised IRR will Prevent Civil Engineers from Preparing, Engineers from Preparing, Signing and Sealing Building Signing and Sealing Building PlansPlans• Revised IRR is correct in identifying the Revised IRR is correct in identifying the

documents listed in Section 302.4 of the documents listed in Section 302.4 of the Revised IRR as “Architectural Documents”Revised IRR as “Architectural Documents”

• Revised IRR will give the exclusive right to Revised IRR will give the exclusive right to Architects to prepare, sign and seal Architects to prepare, sign and seal designs, plans and specifications designs, plans and specifications enumerated in Section 302.4 as enumerated in Section 302.4 as Architectural DocumentsArchitectural Documents

1313

Revised IRR will Prevent Civil Revised IRR will Prevent Civil Engineers from Preparing, Engineers from Preparing, Signing and Sealing Building Signing and Sealing Building PlansPlans• Revised IRR will limit Civil Engineers to Revised IRR will limit Civil Engineers to

preparing, signing and sealing designs, preparing, signing and sealing designs, plans and specifications enumerated in plans and specifications enumerated in Section 302.5 as “Civil Section 302.5 as “Civil Engineering/Structural Documents”Engineering/Structural Documents”

• Revised IRR will make it impossible to Revised IRR will make it impossible to obtain Building Permits for buildings whose obtain Building Permits for buildings whose designs, plans and specifications are designs, plans and specifications are prepared, signed and sealed by Civil prepared, signed and sealed by Civil EngineersEngineers

1414

Understanding RA 544Understanding RA 544

• Sections 2 and 23 of Republic Act No. Sections 2 and 23 of Republic Act No. 544 (The Civil Engineering Law) 544 (The Civil Engineering Law) clearly include the preparation, clearly include the preparation, signing and sealing of designs, plans signing and sealing of designs, plans and specifications of buildings in the and specifications of buildings in the scope of practice of Civil Engineeringscope of practice of Civil Engineering

1515

Section 2 of RA 544 Includes Section 2 of RA 544 Includes Preparation, Signing and Sealing of Preparation, Signing and Sealing of Building Plans and Specifications in Building Plans and Specifications in Scope of Civil EngineeringScope of Civil Engineering• Section 2, RA 544 – “The practice of civil Section 2, RA 544 – “The practice of civil

engineering within the meaning and intent of engineering within the meaning and intent of this Act shall embrace services in the form of this Act shall embrace services in the form of consultation, consultation, designdesign, , preparation of preparation of plans, specificationsplans, specifications, estimates, erection, , estimates, erection, installation and supervision of construction installation and supervision of construction ofof streets, bridges, highways, railroads, airports streets, bridges, highways, railroads, airports and hangars, portworks, canals, river and shore and hangars, portworks, canals, river and shore improvements, lighthouses, and dry docks; improvements, lighthouses, and dry docks; buildingsbuildings, fixed structures for irrigation, flood , fixed structures for irrigation, flood protection, drainage, water supply and protection, drainage, water supply and sewerage works, demolition of permanent sewerage works, demolition of permanent structures, and tunnels.”structures, and tunnels.”

1616

Section 2 of RA 544 Includes Preparation, Section 2 of RA 544 Includes Preparation, Signing and Sealing of Building Plans and Signing and Sealing of Building Plans and Specifications in Scope of Civil EngineeringSpecifications in Scope of Civil Engineering• Civil Engineering Civil Engineering

ServicesServices– ConsultationConsultation

– DesignDesign– Preparation of Preparation of

PlansPlans– Preparation of Preparation of

SpecificationsSpecifications– Preparation of EstimatesPreparation of Estimates– ErectionErection– InstallationInstallation– Supervision of Supervision of

ConstructionConstruction– Demolition of Permanent Demolition of Permanent

StructuresStructures

• Civil Engineering Civil Engineering StructuresStructures– StreetsStreets– BridgesBridges– HighwaysHighways– RailroadsRailroads– Airports and HangarsAirports and Hangars– PortworksPortworks– CanalsCanals– River and Shore River and Shore

ImprovementsImprovements– LighthousesLighthouses– DrydocksDrydocks

– BuildingsBuildings– Fixed Structures forFixed Structures for

• IrrigationIrrigation• Flood ProtectionFlood Protection• DrainageDrainage• Water SupplyWater Supply• Sewerage WorksSewerage Works

– TunnelsTunnels

1717

Section 23 of RA 544 Allows Civil Section 23 of RA 544 Allows Civil EngineersEngineersto Prepare, Sign and Seal Buildingto Prepare, Sign and Seal BuildingDesigns, Plans and SpecificationsDesigns, Plans and Specifications• Section 23, RA 544 – “Section 23, RA 544 – “It shall be unlawfulIt shall be unlawful for for

any person any person to orderto order or otherwise cause or otherwise cause the the construction, reconstruction, or alteration of construction, reconstruction, or alteration of anyany buildingbuilding or structure intended for public or structure intended for public gathering or assembly such as theaters, gathering or assembly such as theaters, cinematographs, stadia, churches or structures of cinematographs, stadia, churches or structures of like nature, and any other engineering structures like nature, and any other engineering structures mentioned in section two of this Act mentioned in section two of this Act unless the unless the designs, plans and specificationsdesigns, plans and specifications of the of the same same have beenhave been preparedprepared under the under the responsible charge of, and responsible charge of, and signed and sealed signed and sealed by a registered civil engineerby a registered civil engineer, and unless , and unless the construction, reconstruction and/or alteration the construction, reconstruction and/or alteration thereof are executed under the responsible charge thereof are executed under the responsible charge and direct supervision of a Civil Engineer.”and direct supervision of a Civil Engineer.”

1818

Principle of Overlap Among Principle of Overlap Among ProfessionsProfessions• Doctors, Midwives, Nurses, Dentists, Doctors, Midwives, Nurses, Dentists,

Nutritionists and Dietitians, OptometristsNutritionists and Dietitians, Optometrists• Lawyers, Accountants, Criminologists, Lawyers, Accountants, Criminologists,

Customs BrokersCustoms Brokers• Mechanical Engineers, Electrical Engineers, Mechanical Engineers, Electrical Engineers,

Electronics and Communications EngineersElectronics and Communications Engineers• Architects, Interior Designers, Landscape Architects, Interior Designers, Landscape

ArchitectsArchitects• Civil Engineers, Architects, Sanitary Civil Engineers, Architects, Sanitary

Engineers, Geodetic Engineers, Master Engineers, Geodetic Engineers, Master Plumbers, Agricultural Engineers, Plumbers, Agricultural Engineers, Environmental PlannersEnvironmental Planners

• Many OthersMany Others

1919

Overlap Among ProfessionsOverlap Among Professions(Some Examples)(Some Examples)

• The act of delivering a baby could The act of delivering a baby could constitute the practice of medicine, constitute the practice of medicine, midwifery or nursing, depending on midwifery or nursing, depending on which professional carries out the which professional carries out the deliverydelivery

• The act of preparing an opinion on a The act of preparing an opinion on a question of tax law could constitute the question of tax law could constitute the practice of law or accounting, depending practice of law or accounting, depending on which professional is the author of on which professional is the author of the opinion or documentthe opinion or document

2020

Overlap Among ProfessionsOverlap Among Professions(Some Examples)(Some Examples)• The act of preparing designs, plans and The act of preparing designs, plans and

specifications for the interior of a specifications for the interior of a building could constitute the practice of building could constitute the practice of architecture or interior design, architecture or interior design, depending on which professional depending on which professional prepared the documentsprepared the documents

• The act of preparing designs, plans and The act of preparing designs, plans and specifications for a building could specifications for a building could constitute the practice of architecture constitute the practice of architecture or civil engineering, depending on or civil engineering, depending on which professional prepared the which professional prepared the documentsdocuments

2121

Revised IRR Recognizes Revised IRR Recognizes Principle of Overlap of Principle of Overlap of Professions in Case of Professions in Case of Architecture and Interior Architecture and Interior DesignDesign• Section 302.3 of Revised IRR requires the Section 302.3 of Revised IRR requires the

submittal to the Building Official of five (5) submittal to the Building Official of five (5) sets of plans, specifications and sets of plans, specifications and documents prepared, signed and sealed documents prepared, signed and sealed over the printed name of the duly licensed over the printed name of the duly licensed and registered professionals:and registered professionals:– Architect, in case of architectural documents; Architect, in case of architectural documents;

in case of architectural interior/interior in case of architectural interior/interior design documents, either an architect or design documents, either an architect or interior designer may signinterior designer may sign;;

2222

Revised IRR Should Also Revised IRR Should Also Recognize Overlap of Recognize Overlap of Professions in Case of Civil Professions in Case of Civil Engineering and Architecture Engineering and Architecture • Invoking the principle of Overlap among Invoking the principle of Overlap among

Professions, the documents enumerated in Professions, the documents enumerated in Section 302.4 are “Building Documents” and Section 302.4 are “Building Documents” and not generically “Architectural Documents”not generically “Architectural Documents”

• The documents enumerated in Section 302.4 The documents enumerated in Section 302.4 are “Architectural Documents” only if are “Architectural Documents” only if prepared, signed and sealed by an Architectprepared, signed and sealed by an Architect

• The documents enumerated in Section 302.4 The documents enumerated in Section 302.4 are “Civil Engineering Documents” if they are are “Civil Engineering Documents” if they are prepared, signed and sealed by a Civil prepared, signed and sealed by a Civil EngineerEngineer

2323

Correct List of Civil Engineering Correct List of Civil Engineering DocumentsDocuments• Section 302.5 – Civil Engineering DocumentsSection 302.5 – Civil Engineering Documents

– Vicinity Map/Location PlanVicinity Map/Location Plan– Building PlansBuilding Plans

• PerspectivePerspective• Floor PlansFloor Plans• ElevationsElevations• SectionsSections• Reflected Ceiling PlanReflected Ceiling Plan• Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections• Schedule of Doors and WindowsSchedule of Doors and Windows• Schedule of FinishesSchedule of Finishes• Structural PlansStructural Plans

– Site Development PlanSite Development Plan– Structural Analysis and DesignStructural Analysis and Design– Boring and Load TestsBoring and Load Tests– Seismic AnalysisSeismic Analysis– Other related documentsOther related documents

2424

Preparation, Signing and Sealing of Preparation, Signing and Sealing of Building Plans are Part and Have Building Plans are Part and Have Always been Part of the Practice of Always been Part of the Practice of Civil EngineeringCivil Engineering• Civil Engineers have been preparing, signing Civil Engineers have been preparing, signing

and sealing building plans not only for the and sealing building plans not only for the past 50 years (RA 544) but for thousands of past 50 years (RA 544) but for thousands of years even before the professions or years even before the professions or Architecture and Civil Engineering were Architecture and Civil Engineering were regulatedregulated

• The preparation, signing and sealing of The preparation, signing and sealing of building plans are part of the practice of Civil building plans are part of the practice of Civil Engineering by law, history and traditionEngineering by law, history and tradition

• This right of Civil Engineers to prepare, sign This right of Civil Engineers to prepare, sign and seal building plans has never been legally and seal building plans has never been legally challenged, up to the presentchallenged, up to the present

2525

Preparation, Signing and Sealing of Preparation, Signing and Sealing of Building Plans are Part and Have Building Plans are Part and Have Always been Part of the Practice of Civil Always been Part of the Practice of Civil EngineeringEngineering

• The purpose of regulatory laws is to protect The purpose of regulatory laws is to protect the public and not any particular professionthe public and not any particular profession

• There has never been any case filed or legal There has never been any case filed or legal judgment rendered that this practice of Civil judgment rendered that this practice of Civil Engineers has had any adverse effect to any Engineers has had any adverse effect to any person or has been harmful to public welfareperson or has been harmful to public welfare

• The only parties affected by this practice are The only parties affected by this practice are Architects who are forced to compete with Architects who are forced to compete with Civil Engineers in the open marketCivil Engineers in the open market

2626

Injunction was NeededInjunction was Needed• P.D. 1096 provides that Implementing P.D. 1096 provides that Implementing

Rules and Regulations shall be formulated Rules and Regulations shall be formulated by the DPWH Secretaryby the DPWH Secretary

• Then DPWH Secretary Soriquez, a Civil Then DPWH Secretary Soriquez, a Civil Engineer, has signed the revised IRREngineer, has signed the revised IRR

• P.D. 1096 provides that the IRR shall take P.D. 1096 provides that the IRR shall take effect 15 days after their publication once effect 15 days after their publication once a week for three consecutive weeks in a a week for three consecutive weeks in a newspaper of general circulationnewspaper of general circulation

• The Revised IRR was published in the The Revised IRR was published in the Manila Standard on April 1, 8 and 15, 2005Manila Standard on April 1, 8 and 15, 2005

2727

Injunction was NeededInjunction was Needed• Without an injunction, the IRR would have Without an injunction, the IRR would have

been in effect on April 30, 2005been in effect on April 30, 2005• During the last week of April, 2005, the PICE During the last week of April, 2005, the PICE

and the PSSE requested the DPWH Secretary and the PSSE requested the DPWH Secretary to defer the implementation of the Revised to defer the implementation of the Revised IRR, to avoid a legal confrontationIRR, to avoid a legal confrontation

• In reply, DPWH informed the PICE and PSSE In reply, DPWH informed the PICE and PSSE that the Secretary does not have the that the Secretary does not have the authority to defer implementation of the authority to defer implementation of the Revised IRRRevised IRR

• In fact, during that meeting, the PICE and In fact, during that meeting, the PICE and PSSE were advised to file for an injunctionPSSE were advised to file for an injunction

• Therefore, PICE and PSSE had no choice but Therefore, PICE and PSSE had no choice but to file for an injunctionto file for an injunction

2828

PICE has obtained Preliminary PICE has obtained Preliminary Injunction from Manila RTCInjunction from Manila RTC• PICE obtained 72 hour Temporary Restraining PICE obtained 72 hour Temporary Restraining

Order (TRO) against implementation of Revised Order (TRO) against implementation of Revised IRR during the first week of May, 2005IRR during the first week of May, 2005

• PICE obtained 20-day TRO during the second PICE obtained 20-day TRO during the second week of May, 2005week of May, 2005

• PICE obtained Preliminary Injunction May 24, PICE obtained Preliminary Injunction May 24, 20052005

• The Preliminary Injunction has no expiry date The Preliminary Injunction has no expiry date which means that implementation of the which means that implementation of the Revised IRR is suspended until the issues raised Revised IRR is suspended until the issues raised by PICE are resolvedby PICE are resolved

• PSSE also obtained its own Preliminary PSSE also obtained its own Preliminary InjunctionInjunction

2929

Preliminary Injunction Recognizes Preliminary Injunction Recognizes Issue Raised by PICEIssue Raised by PICE• Dispositive paragraph of the Preliminary Dispositive paragraph of the Preliminary

Injunction:Injunction: Both the petitioner and respondent are one that Both the petitioner and respondent are one that one one

cannot be deprived of the right to work and the cannot be deprived of the right to work and the right to make a livingright to make a living because these rights are because these rights are property rights. It is not disputed that prior to the property rights. It is not disputed that prior to the issuance of the questioned IRR, petitioners, as civil issuance of the questioned IRR, petitioners, as civil engineers, were exercising the subject rights pursuant to engineers, were exercising the subject rights pursuant to R.A. 544 and P.D. 1096 as well as Ministry Order 57 R.A. 544 and P.D. 1096 as well as Ministry Order 57 which the subject IRR would now remove from them. which the subject IRR would now remove from them. It It is a legal truism that “the spring cannot rise is a legal truism that “the spring cannot rise higher than its source”.higher than its source”. At this stage of the At this stage of the proceedings, it would appear that the new IRR proceedings, it would appear that the new IRR goes beyond the laws it seeks to goes beyond the laws it seeks to implementimplement. . Wherefore, the application is granted, and a writ of Wherefore, the application is granted, and a writ of preliminary injunction issue, enjoining the herein preliminary injunction issue, enjoining the herein defendant, his agents, representatives and/or assigns defendant, his agents, representatives and/or assigns from implementing and carrying out the questioned from implementing and carrying out the questioned provisions of the subject.provisions of the subject.

3030

Implementing the National Building Implementing the National Building CodeCode• The Preliminary Injunction obtained by the The Preliminary Injunction obtained by the

PICE covers the sections involving the PICE covers the sections involving the preparation, signing and sealing of preparation, signing and sealing of “Building/Architectural Plans.“Building/Architectural Plans.

• Therefore, Building Officials have to accept Therefore, Building Officials have to accept “Building/Architectural Plans” prepared, “Building/Architectural Plans” prepared, signed and sealed by either an Architect or signed and sealed by either an Architect or Civil Engineer, as provided in the Original Civil Engineer, as provided in the Original IRR:IRR:– Section 302 of P.D. 1096 and Section 3.2 of Section 302 of P.D. 1096 and Section 3.2 of

Ministry Order 57 (Original IRR) requires the Ministry Order 57 (Original IRR) requires the submittal to the Building Official of five (5) sets of submittal to the Building Official of five (5) sets of plans and specifications prepared, signed and plans and specifications prepared, signed and sealed by a duly licensed sealed by a duly licensed architect or civil architect or civil engineer, in case of architectural and engineer, in case of architectural and structural plans.structural plans.

3131

Implementing the National Building Implementing the National Building CodeCode• Sections of the National Building Code not Sections of the National Building Code not

affected by the PICE and PSSE Injunctions are affected by the PICE and PSSE Injunctions are implementableimplementable

• Section 201 of the Revised IRR vests the Section 201 of the Revised IRR vests the administration and enforcement of the administration and enforcement of the National Building Code in the DPWH SecretaryNational Building Code in the DPWH Secretary

• Section 203(6) of the Revised IRR empowers Section 203(6) of the Revised IRR empowers the DPWH Secretary to appoint Building the DPWH Secretary to appoint Building OfficialsOfficials

• If a Civil Engineer cannot prepare, sign and If a Civil Engineer cannot prepare, sign and seal Building Plans, he is technically less seal Building Plans, he is technically less qualified to be a Building Official than an qualified to be a Building Official than an ArchitectArchitect

• Section 202 of the Revised IRR names the Section 202 of the Revised IRR names the National Building Code Development Office National Building Code Development Office (NCBDO) as the technical staff of the DPWH (NCBDO) as the technical staff of the DPWH SecretarySecretary

3232

Implementing the National Implementing the National Building CodeBuilding Code

• The DPWH Secretary has appointed an The DPWH Secretary has appointed an architect (Emmanuel Cuntapay) as Executive architect (Emmanuel Cuntapay) as Executive Director of the NCBDODirector of the NCBDO

• The Executive Director of the NCBDO The Executive Director of the NCBDO screens and recommends prospective screens and recommends prospective Building Officials to the DPWH SecretaryBuilding Officials to the DPWH Secretary

• Architect Cuntapay is on record as favoring Architect Cuntapay is on record as favoring the appointment of Architects as Building the appointment of Architects as Building OfficialsOfficials

• Architect Cuntapay is on record that the Architect Cuntapay is on record that the preparation, signing and sealing of Building/ preparation, signing and sealing of Building/ Architectural Plans is exclusive to ArchitectsArchitectural Plans is exclusive to Architects

3333

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• DPWH, through the Solicitor General, DPWH, through the Solicitor General,

submitted its answer on June 17, 2005submitted its answer on June 17, 2005• DPWH states that Sections 2 and 23 of RA DPWH states that Sections 2 and 23 of RA

544 do not state in clear and unequivocal 544 do not state in clear and unequivocal terms that civil engineers can prepare, terms that civil engineers can prepare, sign and seal architectural documentssign and seal architectural documents

• DPWH states that it is only under Section DPWH states that it is only under Section 302 of PD 1096 and Section 3.2 of Ministry 302 of PD 1096 and Section 3.2 of Ministry Order 57 that the right of civil engineers to Order 57 that the right of civil engineers to prepare, sign and seal architectural plans prepare, sign and seal architectural plans was recognized and expressly grantedwas recognized and expressly granted

3434

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction

• DPWH states that Section 302 of PD 1096 DPWH states that Section 302 of PD 1096 and Section 3.2 of Ministry Order 57 and Section 3.2 of Ministry Order 57 have have been repealed by Sections 20, 25 and been repealed by Sections 20, 25 and 29 of RA 926629 of RA 9266, the “Architecture Act of , the “Architecture Act of 2004”2004”

• DPWH states that even if Sections 2 and DPWH states that even if Sections 2 and 23 of RA 544 include the preparation of 23 of RA 544 include the preparation of architectural documents, said provisions architectural documents, said provisions have likewise been have likewise been repealed by RA 9266repealed by RA 9266

3535

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction

• DPWH states that DPWH states that RA 9266RA 9266 was approved was approved on March 17, 2004 while RA 544, PD 1096 on March 17, 2004 while RA 544, PD 1096 and Ministry Order 57 were approved in and Ministry Order 57 were approved in 1950, 1977 and 1978, respectively1950, 1977 and 1978, respectively

• DPWH argues that in case of irreconcilable DPWH argues that in case of irreconcilable conflict between two laws, the later conflict between two laws, the later enactment must prevailenactment must prevail

• DPWH argues that DPWH argues that RA 9266 has RA 9266 has repealedrepealed the other laws as evidenced by the other laws as evidenced by Section 46 of RA 9266Section 46 of RA 9266

3636

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction

• DPWH states that PD 1096 is a general law as DPWH states that PD 1096 is a general law as it deals with the practice of various it deals with the practice of various professions, while professions, while RA 9266RA 9266 is a special law is a special law because it deals exclusively with the practice because it deals exclusively with the practice of architectureof architecture

• DPWH argues that it is a finely-imbedded DPWH argues that it is a finely-imbedded principle that a special provision of law principle that a special provision of law prevails over a general oneprevails over a general one

• DPWH argues that the Revised IRR did not DPWH argues that the Revised IRR did not amend nor supplant the laws promulgated by amend nor supplant the laws promulgated by the legislaturethe legislature

3737

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• DPWH states that the Revised IRR is DPWH states that the Revised IRR is

consistent and in harmony with the pertinent consistent and in harmony with the pertinent provisions of provisions of RA 9266RA 9266

• DPWH argues that it is erroneous to claim DPWH argues that it is erroneous to claim that the Revised IRR is null and void because that the Revised IRR is null and void because it gives architects the exclusive right to it gives architects the exclusive right to prepare, sign and seal architectural prepare, sign and seal architectural documentsdocuments

• DPWH argues that it is the legislature DPWH argues that it is the legislature by by virtue of RA 9266virtue of RA 9266 which gives duly licensed which gives duly licensed architects the exclusive right to prepare, sign architects the exclusive right to prepare, sign and seal architectural documentsand seal architectural documents

3838

DWPH Answer Relies on RA DWPH Answer Relies on RA 92669266

• Sections 20, 25 and 29 of RA 9266 has Sections 20, 25 and 29 of RA 9266 has repealed Section 302 of PD 1096 and repealed Section 302 of PD 1096 and Section 3.2 of Ministry Order 57Section 3.2 of Ministry Order 57

• RA 9266 has repealed Sections 2 and 23 of RA 9266 has repealed Sections 2 and 23 of RA 544RA 544

• Revised IRR is consistent and in harmony Revised IRR is consistent and in harmony with the pertinent provisions of RA 9266with the pertinent provisions of RA 9266

• RA 9266 gives duly licensed architects the RA 9266 gives duly licensed architects the exclusive right to prepare, sign and seal exclusive right to prepare, sign and seal architectural documentsarchitectural documents

3939

Understanding RA 9266Understanding RA 9266

• Section 20. “Seal, Issuance and Use of Section 20. “Seal, Issuance and Use of Seal. – A Seal. – A duly licensed architectduly licensed architect shall shall affix the seal prescribed by the Board affix the seal prescribed by the Board bearing the registrant’s name, registration bearing the registrant’s name, registration number and the title “Architect” on number and the title “Architect” on all all architectural plans, drawings, architectural plans, drawings, specificationsspecifications and all other contract and all other contract documents prepared by or under his/her documents prepared by or under his/her direct supervision.”direct supervision.”

4040

Understanding RA 9266Understanding RA 9266• Section 20(2) – “Section 20(2) – “No officer or employee of No officer or employee of

this Republic, chartered cities, provinces this Republic, chartered cities, provinces and municipalitiesand municipalities, now or hereafter , now or hereafter charged with the enforcement of laws, charged with the enforcement of laws, ordinances or regulations relating to the ordinances or regulations relating to the construction or alteration of buildings, construction or alteration of buildings, shall shall accept or approve any architectural plans accept or approve any architectural plans or specifications which have not been or specifications which have not been prepared and submitted in full accord prepared and submitted in full accord with all the provisions of this Actwith all the provisions of this Act; nor ; nor shall any payments be approved by any officer shall any payments be approved by any officer for any work, the plans and specifications for for any work, the plans and specifications for which have not been so prepared and signed which have not been so prepared and signed and sealed by the author”and sealed by the author”

4141

Understanding RA 9266Understanding RA 9266

• Section 20(5) – “AllSection 20(5) – “All architectural architectural plans, designs, drawingsplans, designs, drawings andand architectural documentsarchitectural documents relative to relative to the construction of a building the construction of a building shall bear shall bear the seal and signature the seal and signature only of an only of an architectarchitect registered and licensed under registered and licensed under this Act together with his/her professional this Act together with his/her professional identification number and the date of its identification number and the date of its expiration”expiration”

4242

Understanding RA 9266Understanding RA 9266• Section 25 – “Section 25 – “No person shallNo person shall practice practice

architecturearchitecture in this country, or in this country, or engage in engage in preparing architectural plans, preparing architectural plans, specifications or preliminary data for the specifications or preliminary data for the erection or alteration of any buildingerection or alteration of any building located within the boundaries of this country, located within the boundaries of this country, or use the title “Architect”, or display the word or use the title “Architect”, or display the word “Architect” together with another word, or use “Architect” together with another word, or use any title, sign, card, advertisement, or other any title, sign, card, advertisement, or other devise to indicate such person practices or devise to indicate such person practices or offers to practice architecture, or is an offers to practice architecture, or is an architect, architect, unless such person shall have unless such person shall have received from the Board a Certificate of received from the Board a Certificate of Registration and be issued a Professional Registration and be issued a Professional Identification Card.Identification Card.””

4343

Understanding RA 9266Understanding RA 9266

• Section 29 – “Prohibition in the Practice of Section 29 – “Prohibition in the Practice of Architecture and Penal Clause. – Architecture and Penal Clause. – Any Any person who shall practice or offer to person who shall practice or offer to practice architecture practice architecture in the Philippinesin the Philippines without being registered/ licensedwithout being registered/ licensed and and who are not holders of temporary or who are not holders of temporary or special permits in accordance with the special permits in accordance with the provisions of this Act … provisions of this Act … shall be guilty of shall be guilty of misdemeanormisdemeanor and charged in court by and charged in court by the Commission…”the Commission…”

4444

Why DPWH Answer is WrongWhy DPWH Answer is Wrong

• The DPWH presumes that the PICE The DPWH presumes that the PICE case is that civil engineers can case is that civil engineers can prepare, sign and seal “Architectural prepare, sign and seal “Architectural Plans and Documents”Plans and Documents”

• The PICE case is: The PICE case is: Civil Engineers Civil Engineers should not be prevented from should not be prevented from practicing Civil Engineering which practicing Civil Engineering which includes preparing, signing and includes preparing, signing and sealing “Building Plans and sealing “Building Plans and Documents”Documents”

4545

Why DPWH Answer is WrongWhy DPWH Answer is Wrong

• That RA 9266 has repealed PD 1096 That RA 9266 has repealed PD 1096 and Ministry Order No. 57 is debatable and Ministry Order No. 57 is debatable because of the legal principle that one because of the legal principle that one law does not repeal another if there is law does not repeal another if there is a way of reconciling the laws a way of reconciling the laws concernedconcerned

• Invoking the principle of Overlap of Invoking the principle of Overlap of Professions will reconcile the lawsProfessions will reconcile the laws

• Even if PD 1096 has been repealed, Even if PD 1096 has been repealed, this is immaterial because it is RA 544 this is immaterial because it is RA 544 (not PD 1096) that gives Civil Engineers (not PD 1096) that gives Civil Engineers the right to prepare Building Plansthe right to prepare Building Plans

4646

Why DPWH Position is Why DPWH Position is WrongWrong• RA 9266 has not repealed Sections 2 and RA 9266 has not repealed Sections 2 and

23 of RA 544 because these sections do 23 of RA 544 because these sections do not state that civil engineers can prepare, not state that civil engineers can prepare, sign and seal “Architectural Plans”sign and seal “Architectural Plans”

• Sections 2 and 23 of RA 544 state that Sections 2 and 23 of RA 544 state that civil engineers can prepare, sign and seal civil engineers can prepare, sign and seal “Building Plans”, not “Architectural Plans”“Building Plans”, not “Architectural Plans”

• Therefore, there is no inconsistency with Therefore, there is no inconsistency with RA 9266 and there is nothing to repealRA 9266 and there is nothing to repeal

4747

Why DPWH Answer is WrongWhy DPWH Answer is Wrong• Sections 2 and 23 of RA 544 clearly Sections 2 and 23 of RA 544 clearly

states that the preparation, signing and states that the preparation, signing and sealing of “Building Plans” are within sealing of “Building Plans” are within the scope of practice of civil engineeringthe scope of practice of civil engineering

• Therefore, the PICE case hinges on the Therefore, the PICE case hinges on the proper interpretation of the term proper interpretation of the term “Building Plans”“Building Plans”

• The term “Building Plans” occur in both The term “Building Plans” occur in both RA 544 and RA 544 (the old Architecture RA 544 and RA 544 (the old Architecture Law)Law)

• Therefore, prior to RA 9266 the term Therefore, prior to RA 9266 the term “Building Plans” in RA 545 included all “Building Plans” in RA 545 included all plans of buildingsplans of buildings

4848

Why DPWH Answer is WrongWhy DPWH Answer is Wrong• Architects claim that the term “Building Architects claim that the term “Building

Plans” in RA 544 means “Structural Plans” in RA 544 means “Structural Plans”Plans”

• Why will the term “Building Plans” mean Why will the term “Building Plans” mean all plans of buildings when applied to all plans of buildings when applied to Architecture and something else when Architecture and something else when applied to Civil Engineeringapplied to Civil Engineering

• If “Building Plans” mean “Structural If “Building Plans” mean “Structural Plans”, why is that not what is stated?Plans”, why is that not what is stated?

• Why have civil engineers have been Why have civil engineers have been preparing, signing and sealing complete preparing, signing and sealing complete “Building Plans” for thousands of years, “Building Plans” for thousands of years, without any legal challenge?without any legal challenge?

4949

Why DPWH Answer is WrongWhy DPWH Answer is Wrong

• The DPWH answer is totally dependent The DPWH answer is totally dependent on the premise that RA 9266 is the law on the premise that RA 9266 is the law relevant to this caserelevant to this case

• This will only be true if the case is This will only be true if the case is about the practice of architectureabout the practice of architecture

• The PICE position it that this case is The PICE position it that this case is about the practice of civil about the practice of civil engineering and not the practice of engineering and not the practice of architecturearchitecture

• Therefore, Therefore, RA 9266 is not relevant, RA 9266 is not relevant, and the applicable law is RA 544and the applicable law is RA 544

5050

RA 9266 Cannot Justify the Revised RA 9266 Cannot Justify the Revised IRRIRR

• Section 43, RA 9266 – “This Act shall Section 43, RA 9266 – “This Act shall not not be be construed to construed to affect or prevent the practice affect or prevent the practice of any other legally recognized of any other legally recognized profession.”profession.”– RA 9266 does not affect the scope of practice of RA 9266 does not affect the scope of practice of

Civil EngineeringCivil Engineering• Section 46 of RA 9266 - “Republic Act No. 545, Section 46 of RA 9266 - “Republic Act No. 545,

as amended by Republic Act No. 1581, is as amended by Republic Act No. 1581, is hereby repealed and all other laws, orders and hereby repealed and all other laws, orders and regulations or resolutions or part/s thereof regulations or resolutions or part/s thereof inconsistent with the provisions of this Act are inconsistent with the provisions of this Act are hereby repealed or modified accordingly”hereby repealed or modified accordingly”– No provision of RA 544 is inconsistent with RA No provision of RA 544 is inconsistent with RA

9266, because RA 544 does not authorize civil 9266, because RA 544 does not authorize civil engineers to prepare, sign and seal architectural engineers to prepare, sign and seal architectural plans and documents, and therefore plans and documents, and therefore there is there is nothing to repealnothing to repeal

5151

DPWH Answer to Preliminary DPWH Answer to Preliminary Injunction (Part 2)Injunction (Part 2)• DPWH acknowledges that DPWH acknowledges that the direct the direct

consequence of the revised IRR is consequence of the revised IRR is to deprive more than a hundred to deprive more than a hundred thousand civil engineers of their thousand civil engineers of their right to earn a living which has right to earn a living which has been vested upon them for more been vested upon them for more than fifty years nowthan fifty years now

• DPWH cites the principle of “dura lex DPWH cites the principle of “dura lex sed lex (The law is harsh but the law is sed lex (The law is harsh but the law is still the law)still the law)

5252

DPWH Answer to Preliminary DPWH Answer to Preliminary Injunction (Part 2)Injunction (Part 2)

• DPWH states that laws are adopted to make DPWH states that laws are adopted to make sure that the plans specifications and other sure that the plans specifications and other documents to be submitted for the issuance documents to be submitted for the issuance of a building permit are prepared, signed of a building permit are prepared, signed and sealed by and sealed by competent professionals competent professionals who possess the required skills, who possess the required skills, knowledge and expertise on the matter knowledge and expertise on the matter to safeguard life, health, property and to safeguard life, health, property and public welfarepublic welfare

5353

Architects Do Not have the Exclusive Architects Do Not have the Exclusive Right to Prepare, Sign and Seal Right to Prepare, Sign and Seal Building PlansBuilding Plans• Civil Engineers have prepared, signed and Civil Engineers have prepared, signed and

sealed building plans for thousands of years, sealed building plans for thousands of years, with distinctionwith distinction

• There has never been a legal challenge, much There has never been a legal challenge, much less a decision, questioning this right of civil less a decision, questioning this right of civil engineersengineers

• There has never been a single case, much less a There has never been a single case, much less a decision, that civil engineers are a threat to life, decision, that civil engineers are a threat to life, health, property or public welfarehealth, property or public welfare

• It is an insult to the civil engineering profession It is an insult to the civil engineering profession to question the competence of civil engineers to to question the competence of civil engineers to prepare, sign and seal building plansprepare, sign and seal building plans

• It is an insult to the civil engineering profession It is an insult to the civil engineering profession to accuse civil engineers of being threats to life, to accuse civil engineers of being threats to life, health, property or public welfarehealth, property or public welfare

5454

What Civil Engineers Must What Civil Engineers Must DoDo• Follow the following Guidelines in the Follow the following Guidelines in the

preparation, signing and sealing of preparation, signing and sealing of “Building Plans”:“Building Plans”:– Label all building plans, specifications Label all building plans, specifications

and other documents “Civil Engineering” and other documents “Civil Engineering” before signing and sealing thembefore signing and sealing them

– Place only the title “Civil Engineer” (and Place only the title “Civil Engineer” (and nothing else) under your name and nothing else) under your name and signature when signing plans, signature when signing plans, specifications and other documentsspecifications and other documents

5555

What Civil Engineers Must What Civil Engineers Must DoDo• Continue preparing, signing and sealing Continue preparing, signing and sealing

Civil Engineering (Building) plansCivil Engineering (Building) plans• Never sign and seal architectural plansNever sign and seal architectural plans• Always sign as a Civil EngineerAlways sign as a Civil Engineer• Inform fellow Civil Engineers of PICE Inform fellow Civil Engineers of PICE

position on revised IRRposition on revised IRR• Inform as many individuals and sectors Inform as many individuals and sectors

of PICE positionof PICE position

5656

What Civil Engineers Must What Civil Engineers Must DoDo• Lobby with Local Government Lobby with Local Government

Officials, National Agencies and other Officials, National Agencies and other Government Entities for the Government Entities for the implementation of RA 544implementation of RA 544

• Lobby with DPWH for the appointment Lobby with DPWH for the appointment of a Civil Engineer as Executive of a Civil Engineer as Executive Director of the NBCDODirector of the NBCDO

• Monitor violations against the Monitor violations against the Preliminary InjunctionPreliminary Injunction

• Take appropriate action against such Take appropriate action against such violationsviolations

• Inform PICE of such violationsInform PICE of such violations

5757

ConclusionConclusion• The right of Architects to prepare, sign and The right of Architects to prepare, sign and

seal “Architectural Plans”, as provided for in seal “Architectural Plans”, as provided for in RA 9266, should be recognized and RA 9266, should be recognized and respectedrespected

• The right of Civil Engineers to prepare, sign The right of Civil Engineers to prepare, sign and seal “Building Plans”, as provided for in and seal “Building Plans”, as provided for in RA 544, should be recognized and respectedRA 544, should be recognized and respected

• The Preliminary Injunction obtained by the The Preliminary Injunction obtained by the PICE should be respected and PICE should be respected and implementation of Section 302 of the implementation of Section 302 of the Revised IRR suspendedRevised IRR suspended

5858

Which is the Proper Which is the Proper Body that Appoints Body that Appoints Building Officials Building Officials

(City/Municipal Mayors (City/Municipal Mayors or DPWH Secretary)?or DPWH Secretary)?

5959

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• Section 203 of PD 1096 providesSection 203 of PD 1096 provides::

1.1. Formulate policies, plans, standards and guidelines on Formulate policies, plans, standards and guidelines on building design, construction, use, occupancy and building design, construction, use, occupancy and maintenance, in accordance with this Code.maintenance, in accordance with this Code.

2.2. Issue and promulgate rules and regulations to Issue and promulgate rules and regulations to implement the provisions of this Code and ensure implement the provisions of this Code and ensure compliance with policies, plans, standards and compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this guidelines formulated under paragraph 1 of this section.section.

3.3. Evaluate, review, approve and/or take final action on Evaluate, review, approve and/or take final action on changes and/or amendments to existing Referral changes and/or amendments to existing Referral Codes as well as on the incorporation of other referral Codes as well as on the incorporation of other referral codes which are not yet expressly made part of this codes which are not yet expressly made part of this Code.Code.

4.4. Prescribe and fix the amount of fees and other charges Prescribe and fix the amount of fees and other charges that the Building Official shall collect in connection that the Building Official shall collect in connection with the performance of regulatory functions.with the performance of regulatory functions.

6060

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• The power to appoint Building Officials is not included The power to appoint Building Officials is not included

in the generic powers of the DPWH Secretary.in the generic powers of the DPWH Secretary.• Section 205 of PD 1096 indirectly addresses this issue Section 205 of PD 1096 indirectly addresses this issue

and provides:and provides: ““Due to the exigencies of the service, the Secretary may Due to the exigencies of the service, the Secretary may

designate incumbent Public Works District Engineers, City designate incumbent Public Works District Engineers, City Engineers and Municipal Engineers to act as Building Engineers and Municipal Engineers to act as Building Officials in their respective areas of jurisdiction.Officials in their respective areas of jurisdiction.

The designation made by the Secretary under this Section The designation made by the Secretary under this Section shall continue until regular positions of Building Official are shall continue until regular positions of Building Official are provided or unless sooner terminated for causes provided provided or unless sooner terminated for causes provided by law or decree.”by law or decree.”

6161

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• The DPWH Secretary does not have the The DPWH Secretary does not have the

power to appoint Building Officials, and only power to appoint Building Officials, and only has the power to designate has the power to designate (“…the (“…the Secretary may designate…”)Secretary may designate…”)..

• The DPWH Secretary can designate a The DPWH Secretary can designate a Building Official only when there is an Building Official only when there is an exigency in the service exigency in the service (“Due to exigencies (“Due to exigencies in the service…”)in the service…”)..

• Therefore, the DPWH Secretary cannot Therefore, the DPWH Secretary cannot designate a Building Official in case where designate a Building Official in case where a duly appointed official is already acting as a duly appointed official is already acting as Building Official because in this case there Building Official because in this case there is no “Exigency in the service”.is no “Exigency in the service”.

6262

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• The DPWH Secretary may designate only The DPWH Secretary may designate only

certain incumbent officials as Building certain incumbent officials as Building Officials Officials (“…the Secretary may designate (“…the Secretary may designate Public Works District Engineers, City Public Works District Engineers, City Engineers and Municipal Engineers to act as Engineers and Municipal Engineers to act as Building Officials in their respective areas of Building Officials in their respective areas of jurisdiction”).jurisdiction”).

• All of the incumbent officials enumerated in All of the incumbent officials enumerated in PD 1096 are required by law to be Registered PD 1096 are required by law to be Registered and Licensed Civil Engineers, and therefore and Licensed Civil Engineers, and therefore the DPWH Secretary may not designate a the DPWH Secretary may not designate a Building Official who is not a Civil EngineerBuilding Official who is not a Civil Engineer

6363

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• The designation by the DPWH Secretary has The designation by the DPWH Secretary has

a limited duration a limited duration (“The designation made (“The designation made by the Secretary shall continue until regular by the Secretary shall continue until regular positions of Building Official are provided or positions of Building Official are provided or unless terminated for causes provided by unless terminated for causes provided by law or decree”).law or decree”).

• Therefore, in cases where a Building Official Therefore, in cases where a Building Official has been designated by the DPWH has been designated by the DPWH Secretary, such designation shall cease Secretary, such designation shall cease when a regular position of Building Official is when a regular position of Building Official is provided.provided.

6464

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• Section 206 of Revised IRR Increased the Section 206 of Revised IRR Increased the

Powers and Functions of the DPWH Powers and Functions of the DPWH Secretary from Four to Six:Secretary from Four to Six:

1.1. Formulate policies, plans, standards and guidelines on building design, Formulate policies, plans, standards and guidelines on building design, construction, use, occupancy and maintenance, in accordance with this Code.construction, use, occupancy and maintenance, in accordance with this Code.

2.2. Issue and promulgate rules and regulations to implement the provisions of Issue and promulgate rules and regulations to implement the provisions of this Code and ensure compliance with policies, plans, standards and this Code and ensure compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this section.guidelines formulated under paragraph 1 of this section.

3.3. Exercise appellate jurisdiction over the decisions Exercise appellate jurisdiction over the decisions and orders of the Building Official. The order or and orders of the Building Official. The order or decision of the Secretary shall be final and decision of the Secretary shall be final and executory subject only to review by the Office of executory subject only to review by the Office of the President of the Republic.the President of the Republic.

4.4. Evaluate, review, approve and/or take final action on changes and/or Evaluate, review, approve and/or take final action on changes and/or amendments to existing Referral Codes as well as on the incorporation of amendments to existing Referral Codes as well as on the incorporation of other referral codes which are not yet expressly made part of this Code.other referral codes which are not yet expressly made part of this Code.

5.5. Prescribe and fix the amount of fees and other charges that the Building Prescribe and fix the amount of fees and other charges that the Building Official shall collect in connection with the performance of regulatory Official shall collect in connection with the performance of regulatory functions.functions.

6.6. Appoint a Building Official, separate and distinct Appoint a Building Official, separate and distinct from the Office of the City/Municipal Engineers from the Office of the City/Municipal Engineers in all Cities and Municipalitiesin all Cities and Municipalities..

6565

Powers and Functions of the Powers and Functions of the DPWH SecretaryDPWH Secretary• Section 203(6) directly contradicts the Section 203(6) directly contradicts the

provisions of PD 1096, wherein the DPWH provisions of PD 1096, wherein the DPWH Secretary’s powers do not include the Secretary’s powers do not include the appointment of Building Officials but is appointment of Building Officials but is limited only to the designation of Building limited only to the designation of Building Officials, and only under certain conditions.Officials, and only under certain conditions.

• The IRR cannot contain provisions not The IRR cannot contain provisions not provided for in the law it is implementing, provided for in the law it is implementing, and this is therefore a case of “the spring and this is therefore a case of “the spring rising above its source”.rising above its source”.

6666

Powers and Functions of the Powers and Functions of the City/Municipal MayorCity/Municipal Mayor• Section 444(b)(1)(v) of RA 7160 (Local Section 444(b)(1)(v) of RA 7160 (Local

Government Code of 1991) provides:Government Code of 1991) provides: ““The Municipal Mayor shall exercise general The Municipal Mayor shall exercise general

supervision and control over all programs, supervision and control over all programs, projects, services, and activities of the projects, services, and activities of the municipal government and in this connection municipal government and in this connection shall appoint all officials and employees whose shall appoint all officials and employees whose salaries and wages are wholly or mainly paid salaries and wages are wholly or mainly paid out of municipal funds and whose out of municipal funds and whose appointments are not otherwise provided for in appointments are not otherwise provided for in this Code, as well as those he may be this Code, as well as those he may be authorized by law to appoint.”authorized by law to appoint.”

• Section 455(b)(1)(v) of RA 7160 contains a Section 455(b)(1)(v) of RA 7160 contains a similar provision applicable to Cities.similar provision applicable to Cities.

6767

Powers and Functions of the Powers and Functions of the City/Municipal MayorCity/Municipal Mayor• Section 477 of RA 7160 further provides:Section 477 of RA 7160 further provides:

““No person shall be appointed engineer unless No person shall be appointed engineer unless he is a citizen of the Philippines, a resident of the he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral local government unit concerned, of good moral character, and a licensed civil engineer. He character, and a licensed civil engineer. He must have acquired experience in the practice of must have acquired experience in the practice of his profession for at least five (5) years in the his profession for at least five (5) years in the case of the provincial or city engineer, and three case of the provincial or city engineer, and three (3) years in the case of the municipal engineer.(3) years in the case of the municipal engineer.

The appointment of an engineer shall be The appointment of an engineer shall be mandatory for the provincial, city and municipal mandatory for the provincial, city and municipal governments. The city and municipal engineer governments. The city and municipal engineer shall also act as the local building officialshall also act as the local building official.”.”

6868

Powers and Functions of the Powers and Functions of the City/Municipal MayorCity/Municipal Mayor• Provincial, City and Municipal engineers Provincial, City and Municipal engineers

have to be licensed Civil Engineers.have to be licensed Civil Engineers.• Power of City or Municipal Mayor to Power of City or Municipal Mayor to

appoint City/Municipal Engineers is clear appoint City/Municipal Engineers is clear and specific.and specific.

• That City/Municipal Engineers shall act as That City/Municipal Engineers shall act as Building Officials is clear and specific.Building Officials is clear and specific.

• What needs to be clarified is whether this What needs to be clarified is whether this provision has the effect of providing provision has the effect of providing “regular positions of Building Officials” as “regular positions of Building Officials” as envisioned in Section 205 of PD 1096.envisioned in Section 205 of PD 1096.

6969

SummarySummary

• PD 1096 contains no provision giving the PD 1096 contains no provision giving the DPWH Secretary the power to appoint DPWH Secretary the power to appoint Building Officials. Building Officials.

• The DPWH Secretary only has the power to The DPWH Secretary only has the power to designate Building Officials.designate Building Officials.

• The designation of Building Officials by the The designation of Building Officials by the DPWH Secretary is conditional and has a DPWH Secretary is conditional and has a limited duration.limited duration.

• RA 7160 gives City/Municipal Mayors the RA 7160 gives City/Municipal Mayors the power to appoint City/Municipal Engineers power to appoint City/Municipal Engineers who shall act as Building Officials.who shall act as Building Officials.

7070

SummarySummary

• If Section 477 of RA 7160 has the effect of If Section 477 of RA 7160 has the effect of providing regular positions of Building providing regular positions of Building Officials, then the DPWH Secretary does not Officials, then the DPWH Secretary does not have the power to designate Building have the power to designate Building Officials in Cities/Municipalities with duly Officials in Cities/Municipalities with duly appointed City/Municipal Engineers.appointed City/Municipal Engineers.

• In any case, the DPWH Secretary does not In any case, the DPWH Secretary does not have the power to designate a Building have the power to designate a Building Official in cities/municipalities with duly Official in cities/municipalities with duly appointed City/Municipal Engineers appointed City/Municipal Engineers because there is no “Exigency in the because there is no “Exigency in the service”.service”.