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ARCHITECTURAL.

PRACTICE
& CONSTRUCTION
MANAGEMENT

• THE NEW LADDER


TYPE CURRICULUM

GEORGE SALINDA SALVAN ... fuap


• ASSISTANT PROFESSOR
CoUege of Engineering and Architecture
Baguio Colleges Foundation 1980-1988
• First and lone graduate of B.S. Architecture, 1963
North of Manila, St. Louis University Baguio City
• Former instructor 1965-1969 at St. Louis University
• Recipient of various ACE certificates, Architects Continl'ir ·
Education Program
• A licensed Architect, active practitioner and
a licensed building constructor, inventor and a board topnotcher.
• Past president of United Architects Phils. Baguio Chapter 1982 and 1983
• Elected National Director; UAP, Regional District' for the year 1987.
• Conferred the title of "FELLOW" United Architects Phils.
College of Fellows, October, 1988

JMC PRESS, INC.


388 Quezon Avenue, Quezon City
Copyright.© 1986 bv:
JMC PRESS, INC . .
and
GEORGEs·. SALVAN

All rights reserved.


No pen of this book may be reproduced in an~
manner without permission of the publish8f.

FIRST EDITION

ISBN : . 971 -11-0353-2


Published and Printed by:
JMC PRESS, INC.
388 Quezon Avenue, Quezon City

Distributed by:
GOODWILL BOOKSTORE
Main Office : Rizal Avenue, Manila
P. 0. Box 2942, Manila
PREFACE

· A generation ago, the concept of management as a component of professional design prac-


tice was virtually unheard of . A building begins as a conception in the mind of its architect.
The conception must be elaborated in his drawing office adapted to practical considerations
and then conveyed to a number of people who will cooperate in tha erection of the building.

This book is intended as a referenc~ for all managers of design practice, whether they be
professional architects or engineers who have assumed management roles in their firms. or
trained managers who have choeen to apply their skills in design firms.

It is also· hoped that it may find its ways into the education of the increasing number of
graduates who will be future architects and engineers and who are wisely choosing to add
management degrees to that preparation for practice .

For the students, this book was prepared and organized to meet the new curriculum and the
syllabus prepared by the Ministry of Education. It is divided into three parts. The First part
dealing on all 'the laws pertaining t<' labor, civil, bu1ld1ng laws. t~re codes. law on the prac-
tice of architecture, the purpose of which is to inculcate upon the student, the legal obliga·
tions, duties and responsibilities ot the ArcnJtect. To give the student sutt1C1ent mastery m
using the building code, and other laws refated to land development and h•;man settlements.
To give the student an understanding of building contracts and duties ot a building inspec-
tor. The second part deals with the Administering the regular services of the Architect. Here
the student is provided with the basic re(luirements of how the architect can fulfill the role of
a responsible professional. He is provided w ith tools in efficient conduct of client relations.
The students is also provided w ith the background knowledge in properly administering the
product ion of documents for building designs and construction projects.

Part Three is geared towards the comprehensive Services of the architect. The subject mat-
ters are arranged to provide the student with further knowledge of the architect's broaqer
role in practice. He is given basic skills and techniques in project management. Another pur-
pose is to e(luip the student with basic tools in resource allocation competence in inter-pro-
fessional coordination necessary for the fulfillment of comprehensive services of the ar-
chitect.

As for students of civil engineering, the third part is greatly recommended as it deals with
constructive management, preparing Feasibility Studies, the planning and scheduling of
construction work or pert-cpm, the specification writinq and most important of all. the oro·
cedure in letting out or joining a Bid in Construction.
ACKNOWLEDGMENTS

This book was finished on time through the very patient and sincere hardworking efforts of
the artist and graduate of architecture, BCF, Mr. Jerry Jun Suyat.

Special thanks are als·o acknowledged to Clamor Lecitona from NU who laid out the cover
design. To Johny Camsol, Fermin D. Balangcod, Roy Pagador, Rey Puno, Jeffrey Behis,
Renato Sy from BCF who in some way or the other helped in the preparation of this book.

To Mr. Luis V. Canave who patiently guided me on the complete process of publishing and
printing of books and to Mr. Francisco C. Malicsi, Teresita G. Espinoza, Eduardo C.
Villanueva, in their untiring cooperation in preparing the manuscripts and layouts as type-
written by Thelma T. Villareal in computerized typesetting. My utmost thanks also goes to
Architect Raffy Chan for lending his books, and to Mrs. Macabiog our BCF Librarian for her
cooperation.

And to the many students whose prodding and interest in the publication of this book made
it a reality.

v
Dedicated to all future
Architects and Engineers

The hope for a functional, comfortable


and convenient designs for better living~
TABLE OF CONTENTS
PART I
LEGAL OBLIGATIONS. LAWS, RULES. CODES

Chapter 1 PROFESSIONAL REGULATORY LAWS ..... ... .. ... .......... ... ... .. .
Republic Act 545, 2
Presidential Decree 223, 15
LOI 1000, 19
Rules and Regulations, 20
Policies and Resolutions, 28
Logbook, 32
Agencies involved in Shelter, 31

Chapter 2 NATIONAL BUILDING CODE P.O. 1096


Implementing Rules and Regulations, 44
43

Building Permit Applications, 44


Processing of Applications for Building Permit, 52
Assessment and Collection of Fees, 57
Signs, 61
Arcades and Sidewalks, 69
Abatement/Demolition of buildings, 75
Access Streets/Roads and Alleys, 80
Occupant Loads, 83
Protection and Safety Requirements for Construction
and Demolition, 84
Light and Ventiiation, 103
Construction of Building with Zones of Airports, 114
Maximum Heights of Buildings, 118
Parking and Loading Space R'equirements, 121
Guidelines in the design of Public Buildings, 125

Chapter 3 THE LABOR CODE OF THE PHILIPPINES


Conditions of Employment, 128
127

Implementing Regulations, 131


Night Shift Differential, 133
Weekly Rest Period , 134
Weekly with Pay, 136
Service Incentive Leave, 138
Thirteenth Month Pay, 138
Medicare Law, 142
Social Security Law, 153

Chapter 4 FIRE CODE OF THE PHILIPPINES


Part 1 Provisions on Fire Safety Construction, 158
157

Part 2 Rules and Regulations implementing the Fire Code, 159


· Rule 1 General Provisions, 159.
Rule 2 General Precautions against Fire, 160
Rule 3 Fire Safety in Buildings, 161
Div. 3 Classification of Occupancy, 162
Div . 4 Means of Egress, 164

ix
Sec. 3.401 Protective Enclosure of Exits, 164
Sec. 3.402 Doors, 169
Sec. 3.403 Interior Stairs and Smoke-proof Towers, 172
Sec. 3.404 Outside Stairs, 174
Sec. 3 .406 Ramps, 1n
Sec. 3.407 Exit Passageway, 179
Sec. 3.408 Escalators and Moving Walks, 179
Sec. 3.409 Fire Escape, Stairs, Ladders, 180
Sec. 3.410 Illumination of Means of Engress, 184
Sec. 411 Exit Marking, 185
Div. 5 Features of Fire Protection, 186

Chapter 5 CIVIL CODE OF THE PHILIPPINES .............. ..... ....... ..... ....... ... . 189
Obligations, 190
Contracts, 194
Liability of the Architect Art. 1723, 203

PART II
OFFICE PRACTICE AND RESPONSIBILITIES

Chapter 6 THE UNITED ARCHITECT'S OF THE PHILIPPINES


Objectives, 207
205

Types of Membership, 208


Architectural Continuing Education, 211

Chapter 7 THE ARCHITECTS CODE OF ETHICS 215

Chapter 8 SELECTION OF THE ARCHITECT AND METHODS


OF COMPENSATION .... ....... ...... .. .. .... ... ... .... .. .. ... ... .. .... ... ... .. .. 221

Chapter 9 PROJECT CLASSIFICATION .............. ... ... ... .. ... .. ... ......... ........ . 231

Chapter 10 SPECTRUM OF THE ARCHITECT' S SERVICES


Pre-Design Services, 238
Regular Design Services, 240
Owner's Responsibilities, 242
Conditions on Services, 242
Specialized Allied Services, 245

Chapter 11 ORGANIZING THE ARCHITECT'S OFFICE .. .. ... . ... .. .. ... .. .. .. .. .. .. 253


Office Organization, 2.54
Office Location, 258
Office Personnel, 264
Consultants, 271
References and Samples, 275
Finances and Insurance, 279
Public Relations, 291
Business Aspects of Professionals Practice, 296

Chapter 12 MARKETING ARCHITECTURAL SERVICES ... ..... ... ........... ..... ... 301
Market Research, 304

X
List Building, 305
Bird-dogging, 305
Strategy Research, 306
Courting, 308
Paperwork, 310
Interviews, 316
Closing, 321

Chapter 13 OWNER AND ARCHITECT CONTRACT FORM ..................... 323

PART Ill
CONSTRUCTION MANAGEMENT
Chapter 14 FULL TIME SUPERVISION .................................................... .$31
Construction Management . . . . . . . . . .. ... .... ...... ........... ................. 337

Chapter 15 COMPREHENSIVE ARCHITECTURAL SERVICES . . . . . .. . . ... . . . . . . 341


Project Management . ... ... ........... ....................................... 343

Chapter 16 POST-CONSTRUCTION SERVICES ............ ............... ... . . ..... .. 349


Building Equipment Maintenance, 350
Building and Grounds Administration, 350
Post Construction Evaluation, 350
Technical Functions of Building Admi~istration, 35l

Chapter 17 DESIGN BUILD SERVICES.......... . ................ . .............. ...... 355


By Administration, 356
By Guaranteed Maximum Cost, 357

Chapter 18 SELECTION OF THE CONTRACTOR ..................................... 359


Different Types of Contracts .. . .. . .. .. . . .. ... .. .. .. .. .. .. .... ... .. .. ... .. .. 360

Chapter 19 PRE-BIDDING OF PROJECTS 365


Prequalifying the Bidders, 366
Invitation to Prequalify, 367
· Prequalification Documents, 368
Processing of Prequalification Statements, 369
Notification of Selected Bidders, 369

Chapter 20 AWARDING THE CONTRACT ................................................ 371


Invitation to Bid, 372
Proposal Form, 372
Preparation of Bids, Bid Bond, 374
Submission, Opening of Bids, 374
Evaluating of Contracts, 375

Chapter 21 GENERAL CONDITIONS OF A CONTRACT .. . .. .. .. .. .. . .. ... . ... .. .. 3n


Change Orders, 378
Advance Payment, 378
Progress Payment, 378
Retention Money, 378
LiQuidated Damage, 378

xi
Contract Price Escalation, 379
Payments, 380
Format of Application for Payment, 383
Shop Drawings, 391
Permits, Licenses, 391
Construction Stakes, 391
Temporary Structures and Facilities, 391
Laying Out the Work, 393
Inspection of Work, 393
Defective Work, 394
Changes in the Work, 394
Value of Extra Work, 394
Claims for Extra Cost, 394
Cleaning Up, 394
Disputes, 395
Arbitration, 395

Chapter 22 BUILDING CONTRACT FORM BETWEEN OWNER


AND CONTRACTOR ... . .. .. ... .... ... .. ... . .. .. ......... ........ .. .. ... ........... 3fJ7

Chapter 23 PLANNING, SCHEDULING, PROGRAMMtt-~S . ...... ... .. ..... ...... 403


Bar Chart Method, 404
Critical Path Method CPM, 409

Chapter 24 FEASIBILITY STUDIES........ .... .. ... ... ..... .. .. .. ........ .. .. ................. . 425
Preliminary Project Study, 426
Subdivision Project Study, 428
Financing Requirements, 443

Chapter 25 SPECIFICATIONS WRITING .. ....... .. .. ........ ......... ..... .. ........... .. . 447


Three part Section Format, 450
Groupings of Paragraphs, 451
Part 1 General, 451
Part 2 Products, 454
Part 3 Execution, 454
Outline of a Specification, 460

xii
Professional
Regulatory laws
REPUBLIC ACT NO. 545
AN ACT TO REGULATE THE PRACTICE OF
ARCHITECTURE IN THE PHILIPPINES
Be it enacted by the· Senate and House of Representative of the Philippin~s.

ARTICLE 1 . ORGAN,ZATION
SECTION 1. Creation and composition of a Board of Examiners for Architects. -Within
thirty da~ after the approval of this Act, there shall be created a Board of Examiners
for Architects to be composed of a Chairman and two members to be appointed by the
Secretary of Public Works and Communications.

SEC. 2 . PoweNJ vested in Board. - The Soard of Examiners fOf Architects shall
administer the provisions of this Act; issue, suspend or revoke certificates of registra·
tion for the practice of architecture; and administer oaths in connection with such cer·
tificates of registration.
In carrying into effect the provisions of this Act, the Board may, under the hand of its
Chairman and the seal of the Board, subpoena witnesses. compel their attendance,
and require the production of books, documents , and similar evidence in a case involv-
ing violation of any of the provisions of this Act. Any member of the Board may ad·
minister oaths or affirmations to witnesses appearing before it. If any person shall
refuse to obey any subpoena so issued, or shall refuse to testify or produce any book,
document, etc., the Board may present its petition to the Court of First Instance, set·
ting forth the facts, and thereupon such court shall, in a proper case, issue its sub-
poena to such person, requiring his appearance before such court and there to testify
or produce such books, papers, documents, etc., as may be deemed necessary and
pertinent by the Board. Any person failing or refusing to obey the subpoena or order of
the said court may be proceeded against in the same manner as for refusal to obey any
other subpoena or order of the said court.
The Board shall, from time to time, look into conditions affecting the practice of ar·
chitecture in the Philippines and, whenever necessary, recommend to the Secretary of
Public Works and Communications ttw adoption of such measures as may be deerned
proper for the maintenance of good ethics and standards in the practice of architecture
in the Philippines and for the protectiOJ1 of public welfare, life, health, and property.

SEC. 3. Quaeiflcations of Board Members. - Each Member of the Board shall, at the time
of hls appointment:
( 1) Be a citizen of the Philippines and a resident thereof;

2
(2) Hold the degree of B.S . Arch., B. in Arch ., M . in. Arch., or the equivalent thereof
conferred by an Architectural School or college legally chartered and of good
standing ; .
(3) Be legally quali.fi ed to practice architecture tor at least ten years and actually in
active practice .on t he date of his appointment ;
(4~ Not be a member of the faculty of any school, college or university where a
regular course in .architecture is taught, nor have pecuniary interest in such in-
stitution. No former member of the faculty of any school, institute or university
where architecture is taught can become a member of the board unless he had
stopped teaching f or at IE:!ast three consecut ive years.

SEC. 4 . Terms of Office . - The members of the Board shall hold office f or a t erm of three
years after appointm ent or until their successor's shall h~we duly qualified. The
members of the Board first appointed under this Act shall hold office for tM following
terms: One member for one year; one member for two years; and one m ember for
three years. Each member of the Board shall qualify by taking the proper oath prior to
entering upon the performance of his duties.

SEC. 5. Executive Officer of the Board. - The Commissioner of Civil Service shall be the
Executive OHicer of the Board , and shall conduct t he examinations given by t he Board
and shall designate any subordinate officer cf the Bureau of Civil Service to act as
Secretary of the Board. All records and m inutes of t he Bo ard , includi ng oil examination
papers, shall be kept by the Bureau of Civil Service .

SEC. 6. Vacancy and Removal of Board Members. - Any vacancy occ uring in the
membership of said Board before the ·expiration of the term of office of the member
separated therefrom shall be filled for the unexpired term by appointment by the
Secretary of Public Works and Communications . The Secretary of Public Works and
Communications m ay remove any member of the Board for continued neglect of duty
or incompetency , or f or unprofessional or dishonorable conduct, after having given
the member concerned an opportunity to d ef end in the proper administrative in-
vestigation.

SEC. 7. Compensation of Board. ·- The members of the Board shall each receive a com-
pensation the sum of five pesos for each applicant examined or registered. Any Ar-
chitect in the service of the government of the Republic appointed as m emb·er of the
Board shall receive the compensation herein provided, in addition to his salary. All fees
shall be received by the disbursing officer of the Bureau of Civil Service, and such of-
ficer shall pay all authorized expenditures of the Board, including the compensation
provided for by this A ct for members of the Board.

SEC. 8. Rules and Regulations. - The Board may, w i1h the approv al of the Secretary of
Public Works and Communications, adopt 5uch rules and regulation s, as may be
necessary to carry out t he provisions of this A ct into effect. Penal provisions may be
included in said regulations, the violation of which shall be punishable by a fine of not
less than five hundred pesos nor more than one thousand pesos or by Imprisonment
for not less than six months, nor more than one year, or both, in the discretion of the
Court.

SEC. 9. Annual RepOrt. - The Board shall submit an annual report to the Secretary of
Public ·Works and Communications· after the close of each fiscal year giving a detailed
account of its proceedings during the year and making such recommendations as it
may deem proper.

3
SEC. 1 0. Roster of Architects. - A roster showing the names and places of business of
all registered professional architects shall be prepared by the Commissioner of Civil Service
during the month of July of every year. commencing one year after the date this Act
becomes effective. Copies of this roster shall be mailed to each person so registered and
placed on file with the Secretary of Public Works and Communications and, copies thereof
shall be furnished to all department heads, to the Collector of Customs. to such other
Bureaus or government agencies, to the mayors of all chartered cities, to the Director of
Public Works and provincial and municipal authorities as may be deemed necessary and to
the ·public upon request.

ARTICLE II. REGISTRATION AND EXAMINATION


SEC. 11. Certlflcat• of Rttglatratlon. - Whenever the provisions and requirements for
registration under the provisions of this Act have been fully complied with and fulfilled
by an applicant, the Board shall issue a certificate of registration of said successful ap-
plicant as registered architect. Said certificate shall authorize the person to whom it is
issued to practice architecture in this country, subject to the provisions of this Act and
the Rules and Regulations of the Board.

SEC. 12. Registration of Architects Required. - In order to safeguard life, health and
property, no person shall practice architecture in this country, or engaged in preparing
plans, specifications or preliminary data for the erection or alteration of any building
located within the boundaries of this country, except in this last case when he is a duly
registered civil engineer, or use the title "Architect", or display or use any title, sign,
card, advertisement, or other device to indicate that such person practices or offers to
practice architecture, or is an architect, unless such person shall have secured from.
the examining body a certificate of registration in. the manner hereinafter provided, and
shall thereafter comply with the provisions of the laws of the Philippines governing the
registration and licensing of architects.

SEC. 14. Definition of Tenna ..


a) An architect defined. - An architect is: A person who is technically and legal-
ly qualified to practice architecture.
b) Who may be known as an architect or practice architecture. - Only those who
have qualrtied and received a certificate of registration issued by the Board
shall be permitted to practice architecture within the Republic of the Philip-
pines, or to use titfe of Architect" or any words, letters, figures. signs,
cards, or other means to indicate that the one using them is an architect, or to
advertise or indicate in any manner whatever that they are qualified to perform
the work of an architect.
cl General practice of architecture. - The practice of architecture is hereby
defined to be: The act of planning, architectural and structural designing,
specifying, supervising, and giving general administration and responsible
direction to the erectjon, enlargement or alterations of buildings and architec-
tural design of engineering structures or any part thereof, the scientific,
aesthetic and orderly coordination of all the processes which enter into the
production of a complete building or structure performed·through the medium
of unbiased preliminary studies of plans, consultations, specifications, con-
ferences, evaluations, investigations, contract documents and oral advice and
directions regardless of whether the persons engaged in such practice are
residents of the Philippines or have their principal office or place of business in
this or another country, and regardless of whether such persons are perform-

4
ing one of all these duties, or whether such duties are performed in person or
as the directing head of an office or organization performing them.
d) Authorship defined. - The author or authors of a set of plans or specifics·
tions are those in responsible charge of their preparation, whether made by
them personally or under their immediate supervision.

SEC. 16. Archi1ects regfstereG when this taw is passed. - All architects registered at the
time this law take effect shall automatically be registered under the provisions thereof,
subject, however, to the provisions herein set forth as to future requirements.
Certificate of registration held by such persons in good standing shall have the same
force and effect as thought issued after the passage of this Act.

SEC. 16. Exemption From Registration


1 . Any person residing in the PhJiippines may make plans and specifications for any of
the following:
a} Any building in chartered cities or in municipalities with building ordinances,
not exceeding the space requirement specified therein, as requiring the ser-
vices of an architect. ·
b) Any building enlargement or alteration which is to be used for farm purpose on-
ly costing not more than ten thousand pesos.
c) Provided, however, That nothing herein contained shall :prevent any person
from designing or directing the designing of buildings that are to be con-
structed for his own personal use or for tnat of his family, unless such buildings
are intended for public employment, assembly or other occupancy by the
public, in which case an architect shall be employed-for the purpose: And pro-
vided, further, that such person does not use the title architect or any title
derived therefrom.
2. Nor shall anything in this Act prevent draftsmen, students, clerks-of-work,
superintendents and other employees of those lawfully engaged in the practice of
architecture under the provisions of this A ct, from acting under the instruction,
control or supervision of their employer.
3·. Nor shall anything in this Act prevent pr:of essional civil, mechanical, electrical,
min~ng and chemical engineers duty licensed or registered to practice their profes-
sion: Provided, however, such persons do not use the designation "Architect"
4. Nor shall anything in this Act prevent persons, who prior to the approval of this
Act, have been lawfully engaged in the practice of "Maestro de Obras" to con-
tinue as such, provid~d they shall not undertake the making of plans and supervi-
sion for the following classes of work:
a} Building of concrete whether reinforced or not.
b) Building of more than two stories.
c) Building with frames of structural steel
d) Building of structures intended for public gathering or assemblies such as
theaters, cinematographs, stadta, churches, or the structures of like nature.
5. Officers and enlisted men of the Armed Forces of the United States and the Philip-
pines, and civilian officials and employees of the Government of the United States
stationed in the Philippines, while engaged in lhe practice of Architecture for the
United States and/or the Philippines .
6. Architects employed by or under contract· with the government as experts, ad-
visers or consultants, shall be given temporary license after submitting the
necessary credentials and subject to the approval of the Board , for a period not to
exceed six months. subject to renewals for a like period until his contract with the
Government expires . Architl;lcts . shall not be allowed , it licensed in such capacity,
to dedicate themselves to the private practice of architecture nor charge fees for
services rendered except those received from the Government .

SEC . 1.7 . Examination Required. - Except as otherwise specifically allowed, all


applicants for registration for the practice of architecture shall be required to undergo
a technical examination as provided in th1s Act .

SEC. 18 . Qualifications of applicants for Examination and for a certificate of registration


as architect shall, prior to admission to examination, establish to the satisfaction of
the Board:
al That he is at least twenty-one years of age;
· b) That he is of good reputat ion and moral character;

cl That he has completed the high school course or its equivalent;


d) That he is a graduate of a five -year cour se in architecture . or its equivalent of a
school. college, academy, or institute duly recognized by the Government and in
<1ddition has a specific record of at least two y ears of diversified experience as ar·
chitectural draftsman. clerk-of-work, specification writer or .superintendent: Pro-
vided, however, that an applicant holding a Master's degree in Architecture from ~
schooL college, university or institute recognized · by the Government or th€:
Government or the state in which it is established, shall b e credited one year in his
practical experience.

SEC. 19 . Fraudu~nt App\\cations.- The Soard may refuse to renew, or may suspend or
revoke. any certificate or registration obtained by false swearing or any misrepresen-
tations made in applying for registration or examination and may refuse to renew or
grant registration to any applicant whose application contains such fal se eviden<:;e or
information.

SEC. 20. . Holding of Examination. - Examination for candidates desiring to practice


architecture in the Philippines. shall be given twice a year in the City of ~ a nila and
other places where conditions may warrant, on the second Mondays, Tuesdays, and
Wednesdays of January and July, provided such days do not fall on a holiday, in which
case the working day following will be the day of examination. Written or printed
notice of such examination shall be mailed to each applicant who has filed his name
and address with the Secretary of the Board, at least t hirty days prior to the first day
o'f examination

SEC. 21. Subjects of Examination. - The subjects in which applicants for architect's
certificate shall be examined including their relative weights and subject coverages to
take effect starting January, 1 988 as per PAC Circular 85-13.

SEC. 22. Report of Ratings. - The Board of E:xaminers for Architect s shall, within one
hundred and twenty days after the date of completion of the examination, report the
rating obtained by each candidate to the Commissioner of Civil Service, who shall
submit such ratings to the Secretary of Public W orks and Communications tor
approval.

SEC. 23. Reexamination. - An applicant who for the third time fails to pass the examina-

{)
tion for the same grade shall not be allowed to take another until at least one year has
elapsed after his examinati.on. ·

SEC. 24. Issuance of Certificates. - The Secretary of Public Works and Communica-
. tions shall, upon recommendation of the board, issue a certificate of registration upon
payment of the registration tee as provid ed in this Act to any applicant who, in the
opinion of the Board and after approval by the Secretary of Public Works and Com-
munications, has satisfactorily met all the requirements specified in this Act.

All certificates of registration shall show the full name of the registrant, shall have a
serial number, and shall be siQned by all the members of the Board, the Secretary of
Public Works and Communications and the Commissioner of Civil Service . and shall be
attested by the official seal of the same Board.
The issuance of a certificate of registration by the Board to a registrant shall be
evidenced that the person named therein is entitled to all the rights and privileges of a
registered architect, while said certificate remains unrevoked and unsuspended.

SEC. 25. Seal and Use of Seat


1) Each registrant hereunder shall, upon registration, obtain a seal of such design as
the examining body shall authorize and direct. Plans and specifications prepared
by, or under the direct supervision of a registered architect shall be stamped with
sa·ld seal during the lifP, of the registrant 's certificate, and it shall be unlaw ful for
any one to stamp or seal any documents wi1h said seal after the certificate of the
registrant named thereon has expired or has been revoked . unless said ce rtificat es
shall have been renewed or reissued .

2) No officer or employee of this Republic. chartered cities, provinces and


municipalities, now or hereafter charged with the enforcement of laws, ordinances
or regulations relating to the construction or alterations of buildings, shall accept
or approve any plans or specifications which have not been prepared and suiJmit-
ted in full accords with all the provisions of this Act. Nor shall any payment be ap-
proved by any such officer for any work, the plans and specifica-tions for which
have not been so prepared and signed and sealed by the author.

3) Signing of plans, specifications and other documents. - It shall be unlawful for


any architect to sign his name, affix his seal , or use any other method of signature
on plans, specifications or other documents made under anoth"'r architect's super-
vision, unless the same is made in such manner as to clearly indicate the part or
parts of such work actually performed by the former; and it shall be unlawful for
any person, except the architect in charge, shall be fully responsible for ali plans,
specifications, and other documents issued under his seal or authorized signature.
The Board shall make all necessary rules and regulations relating to signing and
sealing of drawings, specifications, reports. and other documents registered by ar-
chitects.

4) Drawings and specifications duly signed, stamped or sealed, as instruments of ser-


vice, are the property and documents of the architect, whether the object for
which they are made is executed or not. It shall be unlawful for any person,
without the written consent of the architect or author of said documents, to
duplicate or to make copies of said documents for use in the repetit ion of and for
other projects or buildings, whether executed partly or in whole.
SEC. 26. fees for Examination and Registration. - For the purpose of defraying the ex-
penses of said Board for carrying out the provisions of this Act, the follow ing fee s shall
be paid to t he Secretary of the,Board:
a) By an applicant to an examination, forty pesos.
b) By an applicant for a Certificate of Registration as a registered architect , ten pesos .
cl By an applicant f or reinstatement or restoration of registration that has been volun-
farily surrendered, revoked or suspended, or for replacement of lost certificate, ten
pesos.

All of the above fees shall acco~pany the application . and no part o f said fee shall be
refunded.

SEC. 27 . Refusal to issue ceftificate. - The Board ot Exam1ners tor Architects shall
refuse to issue or renew a Certifica te of regis tration to any person convicted by a court
of competent jurisdiction of any criminal offense involving moral turp1tude or to any
person guilty of immoral or dishonorable conduct or to any person of unsound mind. In
the event of refusal to issue certificates far any reason, the Board shall give t he appli-
cant a written statement setting forth the reasons for such ac t 1on. which statement
shall be incorporated in the record of the Board.

SEC. 28 . Suspension and revocation of Certificates - The Board shall have the power.
upon notice and hearing . to suspend and revoke any certificate of registration of any
registrant for any cause specified in the preceding section . or for the use of perpetra-
tion o f any fr aud o r deceit in obtairing a certificate of registrat ion, or for gross
negligence or incompetency or for unprofessional or dishonorable co nduct: Provided,
however . that such action of the Board shall be subject to appeal t o the Secretary of
Public Works and Communications whose decision shall be fin al.
It shall be sufficient ground for the revocation of a certificate issued to a person under
this Act for unprofessional o r dishonorable conduct, if:
a} He has signed, and affixed or permitted to be signed or affixed h is name or sealon
any plans. designs, specifications. drawings, technical reports, valuation,
estimate, or other similar documents or work not prepared by him , or not executed
under his immediate supervision. or
b) He has paid money except the regular fees provided for , to secure a certificate of
registration; or
c) Has falsely impersonated a practitioner, or former practitioner of a like or different
name, or has practiced under an assumed , fictitious or corporate name other t han
that of the registered;
dl Has aided or abetted in the practice of architecture any person not duly authorized
to practice architecture in the Philippines.
Any person, firm or association, may prefer charges in accordance wittl the pro visions
of this section against any registrant, or the Board may motu proprio investigate
and/or take cognizance of acts and practices constituting sufficient cause for suspen-
sion or revocation of the certificat e of registration by proper resolution or order. Such
charges shall be in writing and shall be sworn to by the person making them and shall
be filed with the secretary of the ~oard .
SEC. 29. Reissue of Revoked or Suspended Certificates and replacement of lost
certificates. - The Board may, after the expiration of one year from the date of
revocation or suspension of a certificate for reasons it may deem sufficient, entertain
an application for a new certificate of registration ~rom a person whose certificate has
been revoked or suspended , and, in doing so it may, in its discretion, exempt the appli-
cant from the necessity of undergoing an examination. It may also replace certificates
which have been lost.

ARTICLE Ill. - SUNDRY PROVISIONS RELATIVE TO THE


PRACTICE OF ARCHITECTURE

SEC. 30. Prohibitions in the practice of Architecture. - Any person who shall practice or
offer to practice architecture in the Philippines without being registered or exempted
from registration in accordance with the provisions of this Act, or any person presen-
ting or attempting to use as his own the certificate of registration or seal of another, or
any person w ho shaH give any false or forged evidence of any kind to the Board or to
any member thereof in obtaining a certificate of registration or seal of another, or any
person who shall falsely impersonate any registr-ant of like or different name, or any
person who shall attempt to use a revoked or suspended certificate of registration or
any person who shall use in connection with his name or otherwise assume, use or
adve rtise any t itle or description tending to convey the impression that he is an ar-
chitect when he is not an architect, or any person who shall _violate any of the provi-
sions of this Act, shall be guilty of misdemeanor and shall upon conviction, be
sentenced to a f ine of not less than five hundred pesos nor more than one thousand
pesos or to s·uffer imprisonment for a period .not exceeding three months, or both, in
the discretion of the Court.

SEC. 31. Non-registered parsons shall not claim equivalent service. - Persons not
registered in the Republic of the Philippines as architects shall not claim or represent
either services or work as equivalent to those of a duly qualified registered architect,
or that they are qualified for any branch or function of architectural practice, even
though no form of the title "Architect" is used.

SEC. 32. Liability of representative of Non-RegisteJed Persons. It shall be hereafter


unlawful for any person or firm or corporation to seek to avoid the provisions o1 this
Act by having a representative or employer and the employee shall be deemed guilty of
violation of this Act. Solicitat ion of architectural work shall be construed as offering
to practice architecture and it shall be unlawful for any but registered architects
to do so.

SEC. 33. Collection of Professional Fees. It shall be unlawful for any unregistered person
to collect a fee for architectural services except as an employee collecting a fee as
representative of Registered Architect.

SEC. 34. Corporations cannot Register. The practice of architecture is a professional


service, admission to which shall be determined upon the basis of individual, personal
qualifications. No firm, company, partnership, association or corporati-:>n may be
registered or licensed as such for the practice of archiiectur~ . but this section shall not
be construed as preventing such combin ations of individual persons from using the
term "Architect": Provided, That each member of the partnership, firm or association
is properly registered and licensed. Individual members of a partnership are responsi-
ble for his own act.

SEC. 35. Reciprocity requirements. - No person who is not a citizen of the Philippines at
the time he applies to take the examination shall be allowed to take it unless he can
prove in the manner provided by the Aules of Court that , by specific provision of law.
the. country' of which he is a citizen, subject, or national either admits citizens of the
Philippines to the practice of the same profession without restriction or allows them to
practice it after an examination on terms of strict and absolute equality with citizens,
subjects, or nationals of the country concerned, including the unconditional recogni-
tion of degrees issued by institutions of learning duly recognized for the purpose by
· the Government of tne Philippines: Provided, that if he is not a citizen of the Philip-
pmes, and was admitted to the practiCe ot a profession m the Philippines afte1
December 8. 1 941, his active practice in that profession either in the Philippines or in
the state or country where he was practicing his profession, shall not have been inter-
rupted for a period of two years or more prior to July 4, 1946. and that the country or
state from which he comes allows the citizens of the Philippines by specific provisions
of taw, to practice the same profession without restriction or on terms of strict and ab-
solute equality with citizens, subjects or nationals of the country or state concerned.

SEC . 36 . Enforcement of the Act by office of the Law. - It shall be the duty of all
constituted Officers of the taw of the National Government, of any provincial, city or
municipal government of any political subdivision thereof to prosecute any person
violating the provisions of this Act. The Secretary of Justice or any assistant duly
designated by the former shall act as legal assistance as may be necessary in carrying
out the provisions of this Act.

SEC. 37. Act not affecting other professions. - This Act shall not be construed to affect
or prevent the practice of any other legally recognized profession.

SEC. · 38. Operation of decisions in judging any part of the Act Invalid. - If any clause
sentence, paragraph or part of this shall not affect, invalidate or impair any other part
of said Act, but shall b~ ~o nfin~d_ in its op~ration to the clause, sentence, phrase .
paragraph or part ·directlY anvoived in the controversy in which such judgement is
rendered.

SEC. 39. Atl existing provisions of provincial, city or municipal ordinances or regulations
pertaining to examinations for architects , and all other laws, part of laws, orders, or-
dinances or regulations in conflict with the provisjons of this Act are hereby repealed.

SEC. 40. This Act shalt take effect upon Its approval.

Approved, June 17, 1950.

- - - - -- - 00 0---- - - - -
Reference: OFFICiAL GAZEiTE, VOL. 46, NO. 10 (pp. 4782 - 4792)-

10
PROPOSED PROFESSIONAL REGULATORY CODE
TITlE VI
THE BOARD OF ARCHITECTURE

CHAPTER 1
DEFINITION OF TERMS, AND ADDITIONAL
QUALIFICATION OF APPLICANTS
ART. 59 (a) The practice of architecture shall constitute in holding out oneself as skilled in
the knowledge, art, science and practice of architecture, and as an architect; or offering ,
rendering , furnishing or contracting on a fee basis or otherwise, se rvices such as consulta-
tion and advice, teaching major architectural subjects, environmental site analysis;
physical planning, space planning, site planning, architectural and structural designing,
specifying, supervising, and giving general management, administration, coordination and
responsible direction to the designing, the construction, the erection, enlargement, or
alterations of buildings or structures intended for public or private use or complexes of
buildings , use utili zation and planning of the space within and the surrounding such
buildings or structures and their sites, and architectural design of engineering structures
or any part thereof; the scientific, aesthetic, and orderly coordination of all the processes
of safeguarding life, health and property which enter the production of a complete building
or structure, including all its components, and its en•1irons performed in all of their phases
through the medium of comprehensive architectural services, such as technical,
economic, and f inancial feasibility studies, promotional services, operational program
ming, building programm ing, unbiased studies of plans, consultations, specifications
estimates, conferences, evaluations, investigatiofiS, contract documents, construction .
and project management, administration of construction, oral advise, and directions
regardless of whether the persons engaged in such practice are residents of the Philippines
or have their principal office or place of business in this or another country, and regardless
of whether such persons are performing any one or all of these duties.
An Architect shall be considered such in the practice of his profession, if the nature and
character of his employment whether as an officer or employee in a private enterprise or
. educational institution involves decision-making requiring professional knowledge in the
art and science of architecture, and such employment or position requires that the holder
thereof must be an architect; or if he holds or Is appointed to a position in the architectural
occupational group in the government or in government-owned or controlled corporations,
including those performing proprietary functions, where a civil service eligibilit y as an ar-
chitect is a prerequisite.
b} An architect is a bonafide holder of a certificate of registration issued by the Board of
Architecture in accordance with this Code.
The author or authors of a set of plans or specif ications and other documents related to the
practice of the. profession are those in responsible charge of t heir preparation, whether
made by t hem personally or under their immediate supervision .
lt shalf be unlawful for any person, corporation , institution or agency to order, or cause the
design , construction, reconstruction, erection , addition or alteration to any building unless
all architectural designs, site planning, space planning and architectural details are
prepared by ·or prepared under the responsible charge of, and signed and sealed by a
registered architect.

11
ART. 60. Suppletory to the general qualifications prescribed under Article 1 7 of this Code, an
applicant to the licensure examinations for the practice of architecture must, unless
modified ih accordance w ith this Code. h ave at lea st two years of diversified experience as
an architectural designer, draftsman, clerk-of-work. specification writer or superintendent,
duly certified by a practicing architect and endorsed by the university, college, institute or
school where he finished his course and favorably recommended by the duly accredited
professional org anization: Provided , that every year of deficiency in the required diversified
experience may be substituted by twelve units credit in the subject to be prescribed by the
Board in the rules and regulations.

ART . 61 . An appl icant holding a Master's Degree in architecture from a university, college,
institute, or school recognized by the Government or the government of the state or coun -
try in which it is established. shall be credited one year in his practice experience.

CHAPTER 2
SCOPE OF EXAMINATIONS, AND OWNERSHIP OF DRAWINGS,
SPECIFICATIONS, AND THE LIKE
ART. 62 . Subject to approval of the Commission. the Board of Architecture shall have the
power to prescribe, amend. or revise the subjects in the licensure examinations f or t he
practice of architecture and their corresponding relative weights, and unless modifie GI.
shall generally cover architectural design; history and theory of architecture; environmen·
tal site analysis; physical planning . architectural engineering; structural design ; architec -
tural practice and ethics; and building materials and specifications. ut ilities systems,
methods ot construction , and construction drawings .

ART. 63. Drawings and specifications and other related documents, inciuding government
projects, duly signed, stamped or sealed as instruments of service, are the properties and
documents of the architects. whether the object for which they are tnade is executed or
not.
No person shall . w ithout the written consent of the architect or author of said documents.
reproduce or make copies of said documents for use in the repetition of, and for other pro-
iects Of buildings, whether executed partly or in whole.

TIT l E Jl
LICENSURE EXAMINATION AND REGISTRATION

CHAPTER 4
REGISTRATION WITHOUT EXAMINATIONS,
AND TEMPORARY SPECIAL PERMIT TO PRACTICE
ART . 30 . Any person who in the date oi approva\ of this code, holds a doctorate degree in
accounting, agricultural engineering, chemistry, civil engineering. cri minology , nutrition
and dietetics, electrical engineering, electronics and communications engineering, medical
technology, mining engineering. naval architecture and marine engineering. nursing.
pharmacy, sanit ary engineering, social work, or sugar t echnology with at least five
years technical experience of such character as to indi cate that he is competent to practice
the profession concerned; acquired after receiving the doctorate degree, and who

l:l
possesses the qualific ations prescribed under Article 1 7. of this Code. may upon applica-
tion filed w ithin ono year from the date of. approval hereof and payment of the required fee.
be issued a certificate of registration as certified public accountant, agricultural engineer.
archite.ct, chemical enginee'r . chemist, civil engineer, criminologist, nutritionist-dietitian,
professional electrical engineer . elect ronic s and communications engineer, forester .
geodetic engineer, geologist. professional mechanical engineer. medical technologist, min-
ing engineer, naval architect and marine engineer, registered nurse, pharmacist, sanit ary
engineer. social. worker. or sugar technologist, respectively, without the necessity of licen-
sure examinat ions t herefor.

ART. 31. Upon approval·of application and payment of the required fee or fees, the following
may be granted temporary special permit to practice their respective professions in the
Philippines for such period of time as the commission may authorize, provided, that ther~ i«>
no Filipino registered professional qualified for such requirement at the time that the
application was made or approved.
a) Foreign agricultural engineers, architect s. chemic al engineers, c hemists, civil
engineers. c riminologists. dentists. nutritionist-dieticians, electrical engineers, elec-
troni cs and communication engineer, f orester, geologists or geological engineers,
mechanical , erection or guarantee engineer's medical technologists mining engineers,
naval architect and marine engineers . and sugar technologists called in for consultation
or tor specific purpose as may in the judgment of the commission be necessary and
absolutely essential for the development of the country: Provided, that their practice
shall be limited only to the partic ular work for which they were engaged by the
Filipino registered professionals commissioned to undertake such work. and that they
are legally qualified to practice their respective professions in their own state or country
in which the qualifications and requirements for obtaining a certificate of registration
are not lower than those specified in this Code: Provided, f urther, that before the
expiration of the period granted, renewal of their temporary special permits shall
be secured .
b) Foreign professionals to be engaged as professors, instructors, teachers, lecturers,
crit ics in such fields as in t he judgment of the commission, be necessary and absolutely
essential in the field of education: Provided, that their wor.k shall be confined to such
teaching only and they shall not engage in the practice of their professions in their
private capacity.
c ) Foreign professionals who are missionaries , and who shall engage in the practice of
their medical, social and allied professions for humanitarian and charitable purposes in
the rural areas: Provided, that practice of Filipino professionals in said areas is not duly
impaired and competed with.

TITLE Ill
FOREIGN RECIPROCITY, PRACTICE
AND HEARINGS

CHAPTER 1
FOREIGN RECIPROCITY
ART. 32. Upon recommendation of the Board concerned , the Commission may, in com·
pliance with international commitments and considering the number of qualified persons in
the Philippines, entertain an offer by a foreign country or state to establish reciprocal reta-
tions in the practice of a certain profession or professions subject to the condition that by
specific J?rovisions of law, the country, state, or province tendering an agreement admits
citizens of the Philippines to the practice of the particular profession or professions with or
without examinations on terms of and absolute equality with the citizens, subjects, or na-
tionals of said country, state, or province, including the unconditional recognition of pre-
requisite degrees issued by institution of learning duly recognized by the Government of
the Philippines: Provided, That upon recommendation of the Commission and the Board
concerned and upon approval of the Prime Minister, a temporary special permit to practice
a profession for a specified occasion and specific period of time may be issued to any
foreigner, regardless oi whether or not reciprocity exists in the practice of his profession
between hls country and the Philippines, and under conditions as may be determined by
the Commission if such foreigner is internationally known to be an outstanding expert in
his chosen profession or a well-known specialist in any of its branches, and that hisser-
vices will promote the advancement of the profession in the Philippines and will not duly
impair and compete with Filipino professionals.

CHAPTER 2
CORPORATE PRACTICE
ART. 33. The practice of a profession . which includes the offer to render , furnish or contract
professional services, shall be in an individual and personal capacity. The commission,
upon recommendation of the Board concerned, and according to the rules it may adopt,
may grant authority to practice any of the regulated professions to a corporation registen;d
under the ·laws of the Philippines, Provided that at least eighty percent of the capital of
which is owned by citizens ot the· Philippines who are registered professionals, and pro-
vided further, that all officers. including the president and general manager and at least
eightv percent of the stockholders are registered· professionals of the same profession or
allied profession for which authority to practice is granted . The authority granted shall be
renewed every year before the expiration thereof. The Commission shall satisfy itself that
the corporation complies, during .the life of the authority granted, with the requirements
herein provided .

ART. 34. A corporation authorized to practice a profession or closely allied professions can-
not have any other purpose except such practice.
The construction and the manufacturing, contracting business. fabricating and marketing
construction components systems or material, shall not be deemed as allied professions to
the architectural and engineering professions.

ART. 35. Corporate practice shall be limited to one profession only except as may be
authorized by the Commission among closely allied professions .

ART. 36. Only a registered professional w~o is a stockholder of the corporation may perform
in the name of the corporation, acts constituting the practice of his profession as defined in
this Code. The corporation may employ persons not so registered, but such persons shall
not render or offer to render any professional services.

ART. 37 . Shares -in a corporation authorized to practice a profession may be transferred only
to persons qualifed under article 33. Any transfer in violation of the restrictions shall be
void.

ART. 38. A corporation authorized to practice a profession shall adopt a name indicating

14
expressly the profession in which such corporation is engaged . The Board concerned shall
adopt the rules and regulatio ns necessary to carry out the provision.

ART. 39. Individuals, corporations, institutions, firms, associations, entities, agencies and
other organizations who are not authorized to practice any of the professions may employ
professionals for services allied to their trade or business only, or for their process opera-
t ion, production or maintenance only and shall not compete With private practitioners; Pro-
vit:.led that the employer shall be liable solidarity with the employed professional for the
damages as provided in the c ivil code of this Code.

ART. 40. Any of the followin g shall be a ground for disapproval, or revocation of the authority
of a corporation to practice a profession:
1. When any officer, including the president or general manager, as well as members
shall become disqualified person to practice the profession .
2. When such corporation shall violate any applicable rule . regulation or code of ethics,
adopted by the Board regulating the profession.
3. When such corporation shall violate any provision of this Code.

ART. 41 . In partnerships or firms organized for the practice of a profession or closely allied
·professions . all partners or firm members must be registered professional of the same pro-
fession or the closely allied professions and each partner and fi rm member may perform
only those acts constituting the practice of his profession.

MALACANANG
MANILA

PRESIDENTIAL DECREE NO. 223


AS AMENDED BY PRESIDENTIAL DECREE NO. 6 57

CREATING THE PROFESSIONAL REGULATION


COMMISSION AND PRESCRIBING ITS
POWERS AND FUNCTIONS.
WHEREAS, the regulations for the various professions presently regulated by the Office of the
Boards of Examiners is so extensive, practically covering all social and economic life of the
country;
WHEREAS, the existence of the Board of Examiners is misconstrued for a number of years now
as nothing more than an examining unit, though all the professional laws creating the
various Boards have charged them with the supervision and regulation qver the profes-
sional practice in the Philippines; and .
WHEREAS, to effectively, enforce the laws regulating the various professions, there is an
urgent need to create a three-man Commission to administer , implement, coordinate and
supervise the various Boards of Examiners;
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines by virtue of the
powers ves~ed in me by the Constitution and Commander-in-Chief of all the Armed Forces
of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, as
amended, do hereby order and decree:

15
SECTION 1. Professional Regulation Commission. - There is hereby created a three-man
Commission to be known as the Professional Regulation Commission which shall be at-
tached to the Office of the President for general direction and coordination .
SEC. 2. Compositjon. - The Commission shall be headed by one full-time Commissioner and
two-full-time Associate Commissioners, all to be appointed by the President for a term of
nine {9) years without reappointment to start from the time they assume office! except the
first two Associate Commissioners who shall be appointed, one for six (6) years and the
other for three {3) years, and thereafter, any vacancy in the Commission shall be filed for
the unexpired term only with the most senior of the Associate Commissioners succeeding
the Commissioner at expiration of his term, resignation or removal. No person shall be ap-
pointed chairman or member of the Commission unless he is at least forty 140) years of
age , familiar with the principles and methods of professional regulation and/or licensing
and has at least five (6) years of executive or management experience.
SEC. 3. Exercise of powers and functions of the Commission.- The Commissioner, who
shall be the Chairman of the Commission, and the Associate Commissioners as members
thereof shall , as a body, exercise general administrative, executive and policy-making
functions for the whole agency.
SEC. 4 . Compensation. - The Commissioner shall receive an annual compensation of forty-
eight thousand pesos (fl48,0001 with five hundred pesos (P'600) commutable transporta-
tion and representation allowances and the Associate Commissioners, thirty-six thousand
pesos (P36,000) each with three hundred and fifty pesos (11360) commutable transporta-
tion and representation allowances.
SEC. 5. Powers of the Commission: - The powers of the Commission are as follows:
a) To administer, implement and enforce the regulatory policies of the National Govern-
ment with respect to the regulation and licensing of the various professions and oc-
cupations under its jurisdiction including the maintenance or professional and occupa-
tional standards and ethics and the enforcement of the rules and regulations relative
thereto.
b} To perform any and atr acts, enter into contracts, make such rules and regulations and
issue such orders and other administrative issuances us may be necessary in the
execution and implementation of its functions and the improvement of its services.
cl To review, coordinate, integrate and appr.ove the policies, resolutions, rules and
regulations, order ·or decisions promulgated by the various Boards with respect to the
profession or occupation under their jurisdictions including the results of their licen-
sures examinations but their decisions on administrative cases shall be final and ex-
ecutory unless appealed to the Commission within thirty (30) days from the date of
promulgation thereof;
d) To administer and conduct the licensure examinations of the various Boards according
to the rules and regulations promulgated by it; determine and fix the places and dates
of examinations; appoint supervisors and room examiners from among the employees
of the Government or private individuals who have been trained by the Commission for
the purpose who shall be entitled to a daily allowance of not less than ten pesos (P'1 0)
for every examination day actually attended; use the buildings and facilities of public
and private schools for examination purposes; and approve the release of examination
results;
e) To keep and maintain a register of the authorized practitioners of the profession or
occupation; issue certificates of registration or licenses signed by all the members of
the Board concerned and the Commissioner with the official seal of the Board affixed;
f) To have custody of all the records of the various Boards including their examination

16
papers, minutes of deliberation, records of edmil'listrative cases and investigations and
examination results;
g) To determine, fix and collect the amount ·to be charged for examination, registration,
registration without examination, licenses, annual registration fees, certifications, sur-
charges and other fees not specified under the provisions of Republic Act No. 6511
or amend the rates provided thereunder subject to approval by the Office of the
President; · ·

· h) To appoint, subject to the provisions of existing laws, such officials and employees of
the Commission as are necessary in the effective performances of its function and
responsibilities, prescribe 'their duties and fix their compensation; and to organize or
reorganize the sttutture of the Commission, create or abolish positions, change the
designations of existing position· to meet changing conditions or as the need therefor
arises: Provided, That ·such changes shall not affect the employment status of the
incumbents, reduce their ranks and/or. salaries for result in separating them from the
services;
H To submit and recommend to the President of the Philippine nominees for appointment
as members of the various Soard from among those nominated by the bonafide
. professlo.nal organizations accredited by the Commission t-o till existing or probable
. vacancies;
j) The Commission may, upon the recommeCtdation of the Soard concerned, approve the
registration of and authorize the issuance of a certificate of registration with or without
examination to a foreigner who is registered under the laws of his country: Provided.
That the requirements for the registration or licensing in said foreign state or country
are substantially the sarpe as those required and contemplated by the laws of the
Philippines and that the laws of such foreign state or country allow the citizens of the
Philippines to practice the profession on the same basis and grant the same privileges
as the subjects or citizens of such foreign state or country: Provided, finally, That the
applicant shail submit co'm petent and conclusive documentary evidence, confirmed by
the Department of Foreign Affairs, showing that his country's existing laws permit
citize.~s 6f the Philippines to practice the profession under the rules and regulations
governing citizens thereof. The Commission is also hereby authorized to prescribe
ae!ditional requirements or grant certain privileges to foreigners seeking registration in
the Philippines if the same privileges are granted to or same additionai requirements
are required of citizens of the Philippines in acquiring the same certificates in his
country: (As amended by PO 657)
k) The Cqmmission shall have general supervision over foreign nationals who are
authorized by existing laws or granted special permits to practise their professions
temporarily in the Philippines to see that the terms and conditions for their employment
are strictly observed and adhered' to; · ·

11 To prescribe or revise, in conjunction with the Board concerned and the Secretary of
Education and Cu)ture or his authorized representative, collegiatd courses the comple-
tion ot·or ·graduation from which shall be a prerequisite for admission into the practice
of the professions concerned;
m ) To exercise general supervision over the members of the -various Boards;
n) To promulgate such rules and regulations as may be necessary to effectively imple-
ment policies with respect to the regulation and practice of the professions;
o) To perform such other functions and duties as may be necessary to carry out effective-
ly the various provisions of professional regulatory laws, decrees or orders.

17
SEC. 8 Powera, functions •nd reaponslbllldel of v•ioua Boara lbd retain the foHowlng
powers. functions end responsibilities:

a) To loOk from t ime to time into the conditions affecting the practice of the profession or
occupation under their respective jurisdictions and whenever necessary, adopt such
measures may be deemed proper tor the enhancement of the profession or occupa-
tion and/or the maintenance of high professional. ethical and technical standards and
for this purpose the members of a Board may personally or through subordinate
employees of the Commission conduct ocular inspection or visit industrial ,
mechanical. eJectrical or chemical plants or works. hospitals, clinics and other
engine~ring works where registered practitioners of the profession or occupation are
employed or are working for the purpose of determining compliance with the profes-
sion or occupation .or as an aid in formulating policies relative t hereto in accordance
with the established policies, promulgated by the Commission;
bl To investigate violations of their respective laws and the rules and regulations pro--
mulgated thereunder and for this purpose may issue summons, subpoena duces tecum
t o alleged violators or witnesses thereof and compel their attendance to such in·
vestigations or hearings;
c) To ct,elegate the hearing or investigation of administrative cases filed before them ex·
cept in cases where the issue involved strictly concerns the practice of the profession
or occupation , in which case the hearing shall be presided by at least one member of
the Board concernec' assisted by a legal or hearing officer of the Commission;
d) To promulgate decisions on such administrative cases subject to review by the Com-
mission. If after thirty (30) days from the receipt of such decision no appeal is t aken
therefrom to the Commission, the same shall become final and immediately
enforceable;

e) Subject to review by the Commission, to approve registration without examination and


the issuance of the corresponding certificat es of registration;
f) After due process, to suspend revoke or reissue certificates of registration of causes
provided for by law or by the rules and regulations promulgated thereafter:
g) To determine and prepare the contents of licensure examlnat\ons;.score and rate the
examination papers and submit the results thereof to the Commission within one hun·
dred twenty ( 120) days after the last examination day unless extended by the Com-
mission; and subject to approval by the Commission, determine the appropriate pass·
ing general rating if not provided for in the law regulating the profession.

SEC·. 7. Names of various Boards. - The names of the var\ous Board,_ shaU be changed by the
Commission by deleting the word ''Examiners''.

SEC. 8. Tnnafer of personnel, fundi, records, etc. -The present office of the Boards of Ex-
aminers, its personnel, funds, records, supplies , equipment, materials, furniture and fix-
tures are hereby transferred to the Commission.

SEC. 9. RepeaBng Qausa. -The provisions of Republic Act No. 546 are hereby repealed as
well as those of other pertinent laws inconsistent herewith.

SEC. 10. Effactfvfty. - This Decree shall take effect in:tmediately .


Done in the City of Manila, this 22nd day of June in the year of Our lord, nine\een hundred
and seventy-three.

18
FERDINAND E. MARCOS
President
Republic of the Philippines

By the President:

ALEJANDRO MELCHOR
. Execut ive Secretary

MALACANANG
Manila

LETTER OF INSTRUCTION NO. 1 000

TO THE PROFESSIONAL REGULATION COMMISSION, THE MINISTRY OF HUMAN SET-


TLEMENTS, THE MINISTRY OF FOREIGN AFFAIRS, THE MINISTRY OF PUBLIC
HIGHWAYS. THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, THE
MINISTRY OF TOURISM , AND ALL GOVERNMENT AGENCIES CONCERNED
WHEREAS, P.O. 22 3 created the Prof essional Regulation Commission charged with the super-
vision and regulation over the professional practice in the Philippines;
WHEREAS , in support of P.O . 223 and its implernentinq rules and regulations, the
variou5 professional organizations have voluntarily integrated themselves, one for each
profession, and subsequently accredited by the Professional Regulation Commission;
WHEREAS, integrated professional organization are necessary for the upliftment of the stand-
ards of the profession through their self-regulation and disCipline for better service to the
Filipino people;
WHEREAS. the PAC accredited bonafide professional organizations contribute an important
role in promoting and maintaining high professional, ethical, and technical standards
among its members through their continuing education activities, thereby elevating them
to a higher level of competence; proficiency, integrity and social commitments;
WHEREAS, the PRC accredited bonafide professional organizations which truly represent the
professionals in our country, have proven their capabilities, competence and social con-
sciousness by collaborating with government agencies in the pursuit of national goals, and
through the several national, regional and international conferences which they have spon-
sored organized, or attended.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President and Prime Minister of the Republic
of the Philippines, by virtue of the power vest ed in me by the Constitution do hereby order
and direct the Professional Regulation Commission , the Minis~ry of Human Settlements ,
the Ministry of Foreign Affairs , the M inistry of Education and Culture, the Ministry of
Public Highways , the Ministry of Public Works, the Minister of Tourism, the Ministry of
Transportation and Communications and all government agencies concerned to authorize
and support only PRC accredited bonafide professional organizations, and their members
to organize, host sponsor or represent the Filipino professionals in national, regional and in-
ternational forums, conferences, conventions where the concerned profe~Jsions are in

19
volved. AND 1 FURTHER ORDER AND DIRECT that all government agencies and any of its
instrumentalities shall give priority to members of the accredited professional organiza-
tions in the hiring of its employees and in the engagement of professional services.
This letter of Instruction shall take effect immediately.
Done in the City of Manila, the 20th of March in the Year of the Lord, Nineteen Hundred
and Eighty.

tSGO) FERD\NAND E. MARCOS


President and Prime-Minister of the Philippines

Republic of the Philippin.es


PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Board Resolution No . .1 0
Series of 1 9 84

The Board, in its meeting held today. had for consideration the adoption of rules and
regulations relating to preparing, signing and sealing of plans, drawings, specifications and
other documents registered by architects pursuant to Sec. 25 of RA 545', in order that such
rules are in full accord with all the provisions of RA 545, and in conformity with the Title Block
in the Standard F.orm for Building Plans as prescribed under the implementing rules and regula-
tions of the National Building C').d e (PO 10) and Art. 1723 of the Revised Civil Code.
Pursuant further to Sec. 25 (3) of RA 545 which provides, "and it shall be unlawful for any
person, except the architect in ~harge, to sign for any branch of the work, or any function or ar·
chitectural practice, not actually performed by him. The architect in charge shall be fully
responsible for all plans, specjfications and other documents issued under his seal or authorized
signature", the Board of Architecture, in the exercise of the power vested in it by RA 545 and
PO 223, resolved, as it hereby resolves, to adopt the following rules:
1. The architect in charge is the architect of the building or structure. The author of
its plans, specifications and other documents and coordinator of all the processes or
branches of the work which •lnter into thy production of the complete building or struc-
ture· performed through the medium or by means of plans, specifications, contract
documents, advice, and others. (Sec . 14c. RA 545)
2. No person can sign the plans and specifications for any branch of the work not actually
performed by such person.
3 . An engineer or design. professional may be engaged by the architect in charge to per-
form a branch of the work or process relating to the building designed by the architect.
Such branch of the work or process must actually be performed by the engineer or
design professional who shall be fully responsible for all plans, specifications and other
documents for such branch of work or process actually performed by him.

20
4 . The Title Block on all plans and drawi.ngs prepared, signed and sealed by architects
shall conform to any of the sample models of Title Blocks, with notes thereon, hereto
attached, made integral parts of this Resolution and marked as Annexes "A" and "B".
The Title Blocks shall be used for: (a) Schematic Design drawings and studies;
(b) Design Development Documents; and (c) Contract Documents which consist of
Construction Drawings and Specifications that set forth in detail the work required for
architectural, structural, electrical, plumbing/sanitary, mechanical 6lnd other service-
connected equipment.
5. Violation of any of these rules shall be sufficient cause for suspension or revocation of
the architect's certificate of registration.
Violation of these rules shalt likewise be punishable by a fine of not less than five hundred
pesos {~500.00) nor more than one thousand pesos (11'1 ,000.00) or by imprisonment of not
less than three (3) months nor more than one ( 1) year, or both in the discretion of the Court.
This Resolution shaft take effect immediately upon approval by the Commission and after
fifteen ( '\ 5) days iol\ow\ng its publication in the Ofiicial Gazette.
Done in the City of Manila this 27th day of March, 1984.

ISGD) CESAR V. CANCHELA


Chairman

!SGD) JULIO D. MATIAS ISGO) JUAN A. MARAVILLAS, JR.


Member Member

ATTESTED :
(SGD) SALUD M. SAHAGUN
Secretary

Approved and promulgated as part of the rules and regulations governing the practjces of
architecture this 21th day of September, 1 9 84 .

(SGO) ERIC C. NUBLA


Commissioner .,
(SGD) NUMERIANO TANOPO, JR. (SGO) DOMICJANO C. NATIVIDAD
Associate Commissioner Associate Commissioner

Published in the Official Gazette


Vol. 80, No. 42
p. 5479, 10-15-1984 Issue

21
Republic of the Philippines
PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Board Reso\ution No. 24


Series of 1 9 84

WHEREAS, in Resolution No. 108 dated September 7, 1 977, the United Architects of the
Philippines petitioned the Professional Regulation Commissioner and the Board of Ar-
chitecture to approve the "General Conditions", UAP Document No. 301 • as a standard
document for use by practicing architects in the Philippines;
WHEREAS, the "General Conditions", UAP Document No. 301, whose provisions establish
· the relationship among the owner, the Architect and the Contractor and stipulate the
norms by which the contractor shall perform his work are in consonance with the present
trend of architectural practice in the Philippines:
WHEREAS, the "General Conditions", UAP Document No. 301. was approved and adopted by
the Board of Architecture and the Professional Regulation Commission in Board Resolution
No. 15 dated November 15, 1977, as one of the official documents which the practicing
architect may use in the discharge of his duties;
WHEREAS, the UAP now proposes certain revisions in the aid "General Conditions", UAP
Document No. 301, as follows:
"Art. 3, Paragraph 3.03, Sub-Paragraph a. "Should a conflict occur between Draw-
ings, or a conflict between Specifications, or between Specifications and Drawings , the
Contractor shall be deemed to have estimated a more expensive way of doing work unless
he shall have asked for and obtained a decision, in writing from the Architect before sub-
mission of proposals as to which method or materials will be required. If, after award, the
less expensive work is done, the Contractor shall credit the Owner an amount equivalent to
the difference between the more expensive and the less expensive work."
"Art 22.04ARCHI,TECTS' ACTION ON A REQUEST FOR PAYMENT: Within fifteen days
after receipt of any Request for Payment by the Contractor, the Architect shall either issue a
Certificate of Payment or withhold the Request for Payment. When the Architect decides to
withhold the Request for Payment, he shall inform the contractor in writing the reasons for
withholding it. IF THE CONTRACTOR AND ARCHITECT CANNOT AGREE ON A REVISED
AMOUNT, THE ARCHITECl' WILL ISSUE A CERTIFICATION OF PAYMENT FOR THE AMOUNT
FOR WHICH HE IS ABLE TO MAKE REPRESENTATION TO THE OWNER."
Art. 2 7. CONTRACTOR'S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT: If the
Contractor is compelled to suspend work due to hardships or difficulties under b, c, and d
above. then the contract sum shall be increased by the amount of the contractor's reasonable
costs of shut-down, delay and start up, which shall be effected by appropriate change order."
WHEREAS. the Bortrd of Architecture, after receiving said revisions, find them in order to main-
tain the high leve1 of professionalism in the implementation of infrastructure projects;
NOW. THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that the above-stated
revisions in the "General Conditions", UAP Document No. 301, are hereby approved· and
adopted :

22
RESOLVED FINALLY, that the above take effect upon approval by the Commission and fifteen
( 1 5) days following its publication in the Official Gazette.
Done in the City of Manila th is 7th day of November ,.984.

(SGD.) CESAR V. CANCHELA


Chairman

(SGO.) JULIO 0. MATIAS (SGD.) JUAN A. MARAVILLAS, JR.


Member Member

ATTESTED:
(SGD.) SALUD M. SAHAGUN
Secretary

Approved and promulgated as part of the rules and regulations governing the practice of
architecture in the Philippines this 26th day of November 1984.

(SGO.) NUMERIANO T ANOPO, JR.


Associate Commissioner

(SGD.l OOMtClANO C. NATIVIDAD


Associate Commissioner

Published in the Official Gazette


Vol. 80, No. 52
pp. 2145-46 Dec. 24, 1984 Issue

Republic of the Philippines


PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Resolution No. 2
Series of 1984

WHEREAS, the Board of Architecture, Professional Regulation Commission, and the United
Architects of the Philippines (UAP) have long realized the need of adopting a more effec-
tive. systematic and efficient regulation or procedure of recording the diversified
experience of an applicant for liC\'nsure examination required under Section 18 (d) RA
545, but which is geared along cur·ent prb. tices in the architectural profession;
WHEREAS, the UAP in its Resolution No. 18 dated July 14, 1982, submitted for the considera-
t ion of the Board of Architecture, a draft of the proposed text of the LOGBOOK (Specific .
Record) OF DIVERSIFIED EXPERIENCE IN ARCHITECTURE;
WHEREAS, a revised copy of the rest of the logbook incorporating provisions -from the Code of

23
Ethics and recent regulations, together with standard forms, was resubmitted to the Board
of Architecture on July .1 0, 1983, for its action;
WHEREAS, the Board of Architecture, after thorough review and instituting necessary amend-
ments thereto, finds the logbook and standard forms, which are hereto attached and made
integral parts of this resolution, to be satisfactory and in compliance with the provisions
of RA 545 and other pertinent rules and regulations governing the practice of architecture;
in order to achieve high standards in the profession through a proper diversified training
program;
NOW THEREFORE, pursuant to the powers vested upon it by Sec. 2 and 8 or RA 545 and Sec.
6 (a) of PO 223, the Board of Architecture hereby adopts the attached LOGBOOK OF
DIVERSIFIED EXPERIENCE in architecture, UAP Doc. 21 0, as a requirement governing
admission to licensure examination for architects, for the immediate compliance by all con-
cerned, non-compliance or violation of which shall be ground for administrative penalties
Ot' disqualification from licensure examination, as the case may be;

BE IT RESOLVED , as \t \s hereby fesolved, that all applicants for the architect licensure
examination beginning July 1986 shall be required to submit the Log Sheets of Diversified
Training to the Board of Architecture as a prerequisite for admission to the exa.mination;
RESOLVED FURTHER, that all architects in the Philippines are hereby required, under the provi-
sions of UAP Doc. 21 0 to mentor and give practical training and experience or serve as
adviser to at least one ( 1) trainee-aspirant to the profession, for a minimum period of four
(4} months or six hundred and forty (640) hours for every year. as a requisite for the
renewal of certificate of registration, provided that each four-month period is credited for
one (1) year;
RESOLVED FINALLY, that this resolution, together with the attached LOGBOOK OF OIVER-
SfFtEO EXPERIENCE IN ARCHITECTURE. UAP Doc. 21 0, consisting of text and standard
forms, shall take effect fifteen ( 15) days following its publication in the Official Gazette.
Done in the City of Manila this 20th day' of February, 1984.

(SGDJ CESAR v:
CANCHELA
Chairman

(SGD.) JULIO D. MATIAS ISGO.) JUAN A. MAAAVILLAS, JR.


Member Member

ATTESTED:
(SGD.) SALUD M. SAHAGUN
Acting Secretary

Approved as part of the rules and regulations governing the practice of architecture in the
Philippines this 26th day o f M6rch. 1984.

(SGD.) ERIC C. NUBLA


Commissioner

ISGO.) NUMERIANO TANOPO, JR. (SGD.) OOMICIANO C. NATIVIDAD


Associate Commissioner Associate Commissioner

24
Published in the Official
Gazette, Vol. 80, No. 14
pp; 2145· 2146, 4 -2-84 issue.

Republic of the Philippine~


PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Board Resolution No. 2


Series of 1983

The Board , in its meeting held today, had for consideration the requirement by law {Sec. 2,
RA 545 and Sec . 6a, PD 2231 for an architect to maintain high professional and ethical con·
duct because his duties and grave responsibilities to the public be properly discharged unless
his motives, conduct, sense of moral values and ability are such as to command respect and
confidence, not of his colleagues in the profession but the general public as well .
The prohibition of the following acts are designed to rai se the standards of personal
behavior or the architect to .f ollow a set of moral principles and values that will project to the
public that an architect is a total professional who, aside from being technically competent, is
ethical, virtuous, respectable, honest, righteous. and noble in the conduct of his professional
and social life.
To assure the public of the maintenance of high, professional and ethical conduct of the
architect, the Board, in the exercise of the powers vested in it by Section 2 and 8 of RA 545
and Section 6a of PO 223, resolved, as it hereby resolves, to take cognizance of the following
acts and practices· as unprofessional or dishonorable conduct and constituting sufficient cause
for the reprimand, non-renewal, suspension or revocation of the certificate of registration of
an architect that, to wit:
1. Committing any ac;t which is disgraceful, shameful, degrading, repulsive to good
morals, disgusting, depraved, based and/or of inferior quality;
2. Addiction to alcoholic beverages and/or improper scandalous behavior arising from
drunkenness or under the influence of liquor or drugs;
3 Making, abetting, directly or indirectly, false or misleading press releases or misleading
press releases or advertisements, or advertising of services tn a mercantile mann£~r;
4. Sowing abetting or spreading rumors or intrigues, whether factual or not that tend to
a
discredit, destroy. and cast aspersion on the character and honor of fellow drchitect,
the accredited professional association, or the profession itself;
5. Committing prohibited acts and practices relative to election for any elective office in
his professional association, whether committed by a candidate for any elective office
or by any other member wh·o benefits from such act, directly or indirectly, in any form
or manner, by himself or thru another pers~.n. Giver and recipient shall be liable. These
acts are as follows:
a. Payment of the dues or other indebtedness of any member;
b. Giving of food , drink, entertainment, transportation or any article of value or any
similar consideration to any person;

25
c. Making promise or causing an expenditure to be made or offer or promise to any
person when used for the purpose of inducing or influencing a member to withhold
his vote or to vote or against a candidate;
d. Personal advertisement and press release .

6. Aiding or acting as a dummy of a person, firm. company or corporation not authorized


to practice architecture in the Philippines.
7. Failure to attend PRC authorized seminars or continuing education programs designed
to upgrade his competence and ethical standard as architect;
8. Violation of any provision of official UAP Documents such as Constitution and By-
Laws. UAP Doc. 103; Election Code UAP Doc. 104; Uniform Chapter By-Laws, UAP
Doc. 1 05 ; and Policy Manual, UAP 106; all forming part of accreditation documents
of UAP which are on file with approved and considered by PRC to be in force and
effect as the rules governing the conduct of architeets;
9. Failure to comply with any of his duties and obligations as member in good standing
of the accredited professional association ;
10. Violation of any provision of the National Code for Architects including the Code of
Ethk.al Conduct, UAP Doc. 200, and Standards of Professional Practice, UAP Doc .
201-208 , inclusive;
11. Non-involvement or non-participation in any professional association, community,
civic and government activities for community and national development.
This resolution shall take effect after fifteen (15) days following its pub!ication in the
Official Gazette.
Done in the City of Manila this 6th day of January 1983.

(SGD.) CESAR V. CANCHELA


Chairman

(SGD.) JULIO D. MATIAS (SGD.) JUAN A. MARAVILLAS, JR.


Member Member

ATTESTED :
(SGD.) JULIAN G. BALLARAN
Secretary

APPROVED:
(SGD.) ERIC C. NUBLA
Commissioner
COMMENTARIES ON THE SUBJECT OF:
ISSUANCE, REISSUANCE, RENEWAL, SUSPENSION AND
REVOCATION OF CERTIFICATES OF REGISTRATION
OF ARCHITECTS

by CESAR V. CANCHELA, FUAP


Chairman Board of Architecture
Professional Regulation Commission
March 6, ·1984

On Sec. 27 The Board· of Architecture shall refuse to issue or renew a certliicate of registra·
RA 545 tion to the following persons:
1 . convicted of any criminal offense involving moral turpitude.
2. guilty of immoral or dishonorable conduct
3. of unsound mind
On Sec. 28 The Board has the power, upon notice and hearing, to suspend or revoke any cer·
RA 545 tificate of registration of an architect for the following causes:
1. Conviction of any criminal offense involving moral turpitude, immoral and
dishonorable conduct, and unsound mind.
2. Use of perpetration of any fraud or deceit in obt~ining certificate of registra·
tion.
3. gross negligency
4. incompetency
5. Unprofessional or dishonorable conduct if. he:
a) signed and sealed plans, specifications and other documents not prepared
by him or under his immediate supervision.
b) has paid money, except regular fees, to secure certificate of registration.
c) falsely impersonated another practitioner other than himself.
d) has aided or abetted practice of architecture by persons not authorized. or
by being a dummy or such persons for said purpose.
6. Such other acts and practices which the Board may motu propio take
cognizance of by proper resolution or order, as constituting sufficient cause
for suspension or revocation of certificate of registration.
a} (Note: Res. No. 2 of 1983, taking cognizance of certain acts and practices
as unprofessional or dishonorable conduct and constitute sufficient cause
for reprimand , non-renewal, suspension or revocation of the certificate of
registration of an architect). The resolution has been promulgated as part
of the Rules and Regulations governing the practice of architecture.
On Sec. 61. The Board of Architecture has the power and responsibility, after due process.
PD 223 to suspend revoke or reissue certificate of registration for causes provided for by
law or by the rules and regulations promulgated therefor.

27
Republic of the Philippines
PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Board Resolution No. 9


Series of 1982
The Board, in its meeting held today, had for consideration the current professional prac-
tices. services and activities of the architect, here and abroad, which the Board considered and
accepted as functions of architectural practice since these acts constitute the scientific and
orderly coordination of all processes which enter into the production of a complete building or
"structure" as provided in Section 14 (c) of Republic ct. No. 545.
For the maintenance of high ethical and technical standards in the practice of architecture
in the Philippines, the Board of Architecture, in the exercise of the powers vested in it by Sec-
tions 2 and 8 of Repu~lic Act No. 545, hereby declares, as it is hereby declared that the follow-
ing acts constitute the scientific and orderly coordination of all processes which enter into the
production of a complete building or structure and are w ithin the scope of the practice of
architecture.
The act of physical and land use planning; site planning; site selection, analysis and utiliza·
tion; site development planning ; landscaping; subdivision planning; housing design ; urban
planning and design; town and city planning; environmental site analysis and design; com-
munity architecture design; space programming and planning; architectural detailing; interior
detailing and furnishing; designing architectural interiors; architectural programming; construc-
tion management; project management; work supervision; estimating; construction ad..
ministration; architectural lighting; architectural acoustics; mechanical. electrical, sanitary and
utilities systems and equipment planning; teaching major architectural subjects, preparing pro-
iect feasibility, financing, programming and promotional studies, and building maintenance and
administration.
This resolution shall take effect after fifteen ( 15) days following its publication in the
Official Gazette.
Done in the City of Manila, this 22nd day of February , 1982.

(SGD.l CESAR V. CANCHELA


Chairman

(SGO.I JULIO B. MATIAS tSGD.) JUAN A. MARAVILLAS, JR.


Member. Member

ATTESTED:
(SGO.) JULIAN G. BALLARAN
Secretary

APPROVED: as part of the Rules and Regulations governing the practice of architecture, this
24th day of February, 1982.

(SGO.) ERIC C. NUBLA


Commissioner

28
(SGD.l NUMERIANO TANOPO , JR. (SGD.) DOMICIANO C. NATIVIDAD
Associate Commissioner Associate Commissioner

Republic of the Philippines


PROFESSIONAL REGULATION COMMISSION
Manila

BOARD OF ARCHITECTURE

Board Resolution No. 5


Series of 1982
The Board in the meeting held today. had for consideration the unnecessary and deceptive
information on the title block of architectural plans.
It has been noted by the Board of Architecture, that a.s prevalent practice, the names of
corporations, firms or non-registered persons, who are neither project · owners nor
architect/authors appear in the title block of architectural plans, specifications, correspondence
or .other instruments of service of the architect, such practice and devices which tend to con-
vey to the general public, the. impression that such corporation, firm or non-registered person
practice or offers to practice architecture or any R~gistered persons. Furthermore, this com-
mon branch of function thereof, is in violation of the architecture law, A.A. 545, which pro-
hibits the practice of architecture by corporations and non-registered persons . Furthermore,
this common practice is not in accordance with the Standard Form for Plans as regulated by the
implementing rules and regulations of P.O. 1096, otherwise known as the National Building
Code.
To protect the public from such misleading, unnecessary and deceptive information, and
so that the law may not be circumvented, for the maintenance of good ethics and standards in
the practice of architecture in the Philippines, the Board of Architecture, in the exercise of the
powers vested in it by Sec. 2 and B of R A . 545, hereby resolved as it hereby resolves, to pro-
mulgate and adopt the following regulation as a supplement to the existing rules and regula-
tions of the Board implementing the provisions of A.A. 545:
It shall be unlawful to place the names of corporations. firms or non-registered per·
sons, except as project owners. in the title block of architectural plans, specifications,
correspondence or ~ther instruments of service of the architect.
All plans, specifications, correspondence, reports and other instruments of service of
the architect shall indicate only the name of the architect, or architects in group practice,
who prepared, signed, sealed and is responsible tor said documents of projects owner,
shall appear thereon.
The t itle block for architectural plans shall conform strictly to the Standard Form fo~
plans, as required under the regulation of P.O. 1096. (National Building Code).
Violation of this regulation by any person, natural or judicial. shall be punishable by a
fine of not less than five hundred pesos nor more than one thousand pesos or imprison-
ment of not less than six months nor more than one year, or both, in the discretion of the
Court, without prejudice to any administrative action in accordance with Section 8 of R.A.
545.
rhis regulation shall take effect after its approval by the Professional Regulation Com-
mission fifteen ( 1 5) days following its publication in the Official Gazette.
Done in the City of Manila, this 29th day of January, 1982.

(SG D.) CESAR V. CANCHELA


Chairman

29
!SGD.l JULIO D. MATIAS !SGD.) JUAN A. MARAVILLAS, J R.
Member M ember

ATTESTED:
(SGD.) JULIAN G. BALLARAN
Secretary

APPROVED: ·as part of t he Rules and Regulations governing the practice of architecture, this
8th day of February, 1982 .

\SGD.) ERIC C. NUBLA


Commissioner

ISGO.) NUMERIANO T ANOPO, JR. (SGD.) OOMICIANO C. NATIVIDAD


A ssociate Commissioner Associate Commissioner

COMMENTARIES ON ART. 1 723 OF THE REVISED CIVIL CODE


REGARDING ARCHITECTS OR
ENGINEERS LIABILITY FOR DAMAGES
January 13, 1984

By CESAR V . CANCHELA, FUAP


Chairman. Board of Architecture
Professional Regulation Commission

"ARTICLE 1 723" The engineer or architect who drew and authored specifications for a
buildings is liable for damages within fifteen years from the completion of the structure, if the
same should collapse by reason of a defect in those plans and specifications, or due to the
defects in the ground. The contractor is likewise responsible for the damages if the edifice falls,
within the same period, on account of defects in the construction or use of materials of inferior
quality furnished by him, or due to any violation of the terms of the contract. If the engineer or
architect supervises the construction, he shall be solidarity liable with the contractor.
Acceptance of the building after complet ion, does not imply waiver of any cause of action
by reason of any defect mentioned in the preceding paragraph. · ·
The action must be brought within 10 years following the collapse of the building."
From the above law, the following implications are clear:
1. Art. 1723 conforms to and reaffirm RA 545, particularly Sec. 25 and Sec . 14~ cl.

2. The collapse of a building is attributable to defective structural plans and specifica·


tlons. defective construction, or improper supervision ot construction. Defects in
mechanical, electrical or sanitary plans will not cause the collapse of the building but
can cause damage.
· 3. Responsibility and liability for damage due to defects in the structural plans and
specificat ions rests upon the engineer or architect who drew up and signed such
plans and specifications. defect in which had caused the collapse of the building .
4. Article 1723 clearly implies that only the engineer or architect prepares structural
plans and specifications of buildings. Please note however, that since th e word "ar·
chitect" is specific, there is no doubt that the architect does prepare structural plans
of buildings. Besides , the architectural and structural designing of buildings is the

30
practice of architecture as defined by RA 545 Sec. 14{c}. However, since the word
"engineer" is not described, it can refer to civil, structural, mechanical, electrical,
sanitary or other engineer.
5. Since the word "engineer" in Art. 1723 is not specific, in present practice however,
it can be implied to refer to a "structural engineer". A structural engineer is a civil
engineer who holds a specialty certificate of registration or recognition as such,
issued by the Professional Regulation Commission. The word "engineer" therefore in
Art. 1 7 2 3 can be correctly described without contradiction as the structural plans
and specifications, and certainly not an ordinary civil engineer.
6. Either the engineer or architect may supervise construction and be held solidarity
liable with the contractor. Again the word "architect" is specific while the word
"engineer" is not but in present practice may however be implied to mean a civil
engineer who possesses special knowledge of supervision or construction manage-
ment of buildings and holds a PRC certificate of registration or recognition as such.
7. Structural design of buildings may not be qualified nor limited in scope for either the
structural engineer or the architect. The concept is not supported by any existing Jaw
on universal practice. What is important is that professional responsibility and liability
is assumed by the structural engineer or architect who prepared and signed the struc-
tural plans and specifications of the buildings.
8. Although defects in mechanical, electrical, or sanitary or other engineering plans and
specifications will not cause the collapse of the building, damages to the building
should be the responsibility and liability of the corresponding engineer who prepared
and signed their respective plans and specifications for the building. These engineers
should be solidarily liable with the contractor if they supervise the construction of
their respective branches of the work.
g. Under Art. 1 7 2 3, only one signatory is required for the plans and specifications for
any branch of the work required for the completion of a building. He is either the ar-
chitect or corresponding engineer for such branch of the work.

.
HIGHER AGENCIES INVOLVED IN SHELTERS ;See additional lists on page 41)
HOUSING AND LAND USE REGULATORY BOARD IHLURBt Formerly the (HUMAN
SETTLEMENTS REGULATORY COMMISSION) !HSRC)
By virtue of Executive Order No. 648, the HSRC was organized to foster the growth
and renewal of urban and rural communities in an integrative manner that promotes
optimum. land use, adequate shelter and environment protection. It is to enforce, im-
plement, coordinate and streamline land use policies and regulations on human set-
tlements, including ~he implementation and enforcement of the Urban Land Reform
Decree, land value and building rental regulations and other related laws.

HOME DEVELOPMENT MUTUAL FUND {HDMF)


The HDMF administers the PAG-IBIG fund, a provident savings fund for housing. It en-
titles PAG-IBIG members who are public and private employees as well as the self-
employed to housing loans.

NATIONAL HOME MORTGAGE AND FINANCE ·cORPORATION (NHMFC}


NHMFC .is tasked with the generation of a continuing source of fund for housing
through the secondary mortgage market system that seeks to attract private in-
vestments into housing. This system takes the risks from private investors who are in

31
HFC's main functions to attract private sources of capital for home financing. It pro~
vides mortgage credit insurance by acting as guarantor of individual home loans to
assure the payment of said mortgage loans. It is also directly involved in providing
construction and development finance for housing.

NATIONAL HOUSING AUTHORITY tNHA)


The NHA is the construction agency of the Ministry. It is responsible for undertaking
housing development and resettlement and for prescribing guidelines and standards
for the reservation , conservation, and utilization of public lands identified for housing
and resettlement.

NATIONAL HOUSING CORPORATION (JIJHC)


The NHC is responsible for developing, standardizing and mass producing building
materials for housing and stockpiling of the same gowrnment housing projects.

HOME FINANCING CORPORATION (HFC)


HFC was formerly the Home Financing Commission created in 1965 by the President
Ramon Magsaysay to ease the housing problem. It was revitalized in 1979 by Presi~
dent Marcos through Executive Order No. 635 which strengthened its original func~
tion and expanded its powers to make it more responsive to the country's growing
shelter requirements.

LOGBOOK
The Logbook of Diversified Experience in Architecture involves three groups: .the
Trainees who are prospective examinees, the Mentors who are licensed architects and
the Advisers who are faculty members for trainees while still students . Graduates are
not required to have advisers where trainee graduated from. Each group is given
specific guidelines in the implementation of the program. The general objective is to
ensure that those who shall take the licensure examination for architects have had suf-
ficient diversified experience necessary in comp\iance with the provisions of R.A.
645. It also aims to require all the practicing architects to take upon themselves the
mentorship of the aspir.a nts to the profession as a salient provision of the Architects'
Co.de of Ethics. The logbook includes the rules of training, activity areas, ancillary sub-
jects and diversified training forms, which record the diversified experience gained by
the trainee. The forms must be duly certified by the mentor and the adviser.
A SPECIFIC RECORD OF DIVERSIFIED EXPERIENCE is required by law to be establish·
· ed to the satisfaction of the Board of Architecture, prior to admission to licensure ex-
amination.
Section 18 of RA 545 entitled "Qualification of Applicant for Examination", provides
among others, that any person applying for examination and for a certificate of regis-
tration as architect shall, prior to admission to examination, establish to the satisfac-
tion of the Board that he or she has a ., specific record of at least two years diversified
experience as architectural draftsman, clerk-of -work, specification writer or
superintendent: provided, however, that an applicant holding a Master's·d~gree ih Ar-
chitecture from a school, college, university or institute recognized by the Government
or the State in which it is established , shall be credited one year in his practical ex-
perience. " The Board of Architecture holds the view that an applicant; in order to ac-
quire the minimum two year diversified experience must necessarily ga\n experience
in all work designation above~enumerated. For instance, two years practical ex~
perience solely as specification writer cannot be considered as diversified experience.
turn assured by the NHMFC, thereby ensuring wide participation of private financing
institutions.

32
Candidates who have had practicat training and/or experience in other countries may
be given accreditation according to the requirements established in the logbook or as
required by the Soard of Architecture. Each training and/or experience period must be
duly certified by the mentors or offices where he worked, and must be submitted to
the Board of Architecture . Professional Regulation Commission, together with his ap-
plication for examinati on.
The Board of Architecture shall determine the equivalent credit hours of such training
and/or experience, and in no case shall the experience gained in other countries be
credited by more than 2000 hours. To complete the required diversified experience of
two years or equivalent of 3840 hours, he is required to log at least 2000 hours of
diversified experience in the Philippines.
The Nationa l Code for Architects on the other hand , emphasize in no uncertain terms
in its UAP OQC. 200; .Code of Ethics, that it is the duty and moral obligation of an
. aspir.ant to the profession." (Architects Code of Ethical Conduct).
Pursuant to this, the Board of Architecture will require every architect to give training
to at least one trainee aspirant to the profession. for a minimum period of four (4)
months for every year. This will afford a greater number of trainees to acquire the
experience required under several architects .
Through time, the various Boards of Architecture in the past have.devised ways and
means to enforce ~he requirement on diversified experience and to rationalize and in-
stitutionalize a system to make the requirement more effective and efficient for the
benefit of all concerned.
This logbook of Diversified Experience is a result of the reconciliation of an architect's
moral duty under the Code of Ethical Conduct and the trainee' s obligation to acquire
diversified exi>erience and as required by law. This logbook when faithfully ac-
complished is specif.ic and reliable record of diversified experience that establishes to
the ·satisfaction of tne Board of Architecture, an applicant' s qualification for admis·
sion to take the licensure examination as required by law.

DATE OF EXAMINATION
Examrnation "shall be given twice·a year in the City of Manila and othe! places where
conditions may warrant on the second Mondays, Tuesdays, and Wednesdays of
January and July provided such days do not fall on a holiday, in which case the work-
ing day following will be the day of examination."
Since passing the examination will lead directly to the issuance of certificate .of
registration by the Board of Architecture and corporate membership in the United Ar-
chitects of the Philippines, it is designed to test if the candidate has reached a
desirable standard of professional competence and proficiency.

OBJECTIVES Of: LtCENSURE EXAMtNATION


a. to test knowledge of subject matters , intellectual abilities and skills, apptication ,
analysis, synthesis and evaluation;
b. to test the student proficiency in architecture and his knowledge, professional practice
and ability to apply it; and to reveal his understanding of the ethics and responsibility of
the professional;
c. to assess the practical diversified experience he has gained.
The arrangements for a diversified training program are designed to guarantee that the

33
qualifying candidate will not fail in llis professional responsibilities. The program acts as a
complement to the theoretical knowledge he has learned in school so as to supply the can·
didate w ith the experience which cannot be learned by other means. OT Form 001 and OT
. Form 002 are included in every Logbook which gives the rules for the scheme and
discusses the varieties of experience encourage. Professionalism under.(B) involyes a mat-
ter of judgment. and the examination is designed to reveal a candidate's competence and
his ethical standards and character.

SYLLABI & CONTENTS Of SUBJECTS


OF LICENSING EXAMINATION FOR
ARCHITECTS

1 . ARCHITECTURAL DESIGN AND PLANNING - 40% .


·Physical & ·land use Planning, Environmental Planning, Urban Planning & Design
Space Planning, Utilllatlon and Programming; Interior Design; Site Development Plan-
ning; Site f'(anning. Selection Analysis and Utilization~ Landscape Architecture;
Town and .City Planning; Architectural Detailing; Architectural Programming; Com-
munity Architecture; Sub-division Planning; Housing Design; Tropical Design;
Building Design; Monumental Design; Architectural Design of Engineering Structures.

2. STRUCTURAL DESIGN AND UTILITIES SYSTEMS - 30% ·


Architectural Structures; Building Technology; .Reinforce~ Concrete; Steel Design;
Timber Design; Theory of Structures; Stress Diagrams. Soil Mechanics; Seismic
Analysis and Design Application; Mechanical, Electrical , Plumbing, Sanitary and
Utilities Systems and Equipment; Architectural Lighting; Acoustics and Lighting. ·

3 . ARCHtTECTURAL PRACTICE AND HISTORY OF ARCHITECTURE - 30%


Specifications; Professional Regulatory Laws; RA 545; PI;> 223; LOI 1000; National
Building Code;· Fire Code; Zoning Regulations; BP 220; PO 957 (Subdivision Law),
Project Feasibility, Financing. Programming, Promotional Studies; Estimating; Ar-
chitects National Code; Standards of Professional Practice UAP Doc. 201 208;
Code of Ethical Conduct UAP Doc. 200; Contract Documents and General Conditions
UAP Doc . 301; Documents of UAP Organization; Building Materials; Systems and
Methods of Construction; Construction Management Works Supervision; Construc-
tion Administration; Building Administration; Construction Scheduling; History ~nd
Theory of Architecture; Filipino Architecture; Legacies and Conservation.

RATINGS AND PASSING AVERAGE


A general average of 70% with no subject lower than 50 is .required to pass the ex-
amination.

RE-EXAMINAliON
An applicant who for the third consecutive time fails to pass the examination shall not
be allowed to take another until at least one year has eiapsed after
his last examina-
tion.

A. GUIDANCE NOTES FOR TRAINEES

1'. OBJECTIVE
The purpose of r.ecording in detail in the logbook the scope and period of practical di-
versified experience gained is to meet the requirement that those who shall take the
licensure examination for Architects have had sufficient diversfied e)(J)8t'ience neces·

34
sary and duly recorded, in compliance with the provisions of A.A. 545 .and pertinent
· to the Board of Architecture Resolutions.

2. NEED FOR ADVISER


It is advisable for the Trainee to choose his own Adviser. The Trainee shall:
a. Report to the Adviser at least once a month to assess and certify the progress and
work or training accomplished.
b. Notify the Adviser of any change of training venue and status.

3. PLANNING YOUR ~ACTICAL TRAINING


In planning your training program. do bear in mind that the rules and time limits are
simply minimal and intended to guide you into the pattern of training that is likely to
prove most effective. but it is the Board of Architecture who will finally decide
whether your practical training has been adequate upon favorable recommendations
by the UAP. The rules are drawn broadly so as to allow for complementary periods of
training .

4. RANGE OF PROFESSIONAL ACTIVITIES


During the required minimum period of two (2) years (3840 hours) the trainee should.
seek opportunities whenever possible to participate in or at least observe the follow·
ing activities. in coordination with his mentor.
a. Meetings with clients, including discussions oi the brief and project drawings.
b. Preliminary site investigations. meeting witr. local authority ofticials;
c. Preparation of design and production drawing, specifications-and schedules;
d. Meeting with contractors. surveyors, structural, mechanical, sanitary eng"ineers
and other consultants;
e. Pre-contract job management, contract, procedures, correspondence and reports;
f. Site visits, site meetings with members of the construction industry;
g. Post completion procedures. defects liability inspections and;
h . Office procedures and o~ganization.

Not all these activities are always available but a deficiency in your record may be
treated objectively by the board of Architecture provided you may have every effort to
compensate for the omission. For instance, a lack of experience in contract ad·
ministration will be mitigated by a deliberate study in your own time subject to the
recommendations of your Adviser. Your aim should be to maximize for educational
ends the particular kinds of experience which the mentor is able to provide.

5. WORK EXPERIENCE UNDER ALLIED PROFESSIONALS


Work experience under licensed allied professionals may be credited provided, these.
are under the supervision of allied professionals concerned. ·
The scope is obviously very wide and you must ask yourself just how valuable in each
case the experience will be to you from a professional view point. Two weeks spent in
a constructor's firm as a "checker" in the job site will give a trainee an excellent ap-
preciation of the constructor' s work. Two months would have been an extravagance.
Consult your Adviser in all such cases.
/
6. QUALITY OF EXPERIENCE
The Board of Architecture will be concerned with the quality of your experience as
wit~ its diversity. Much will depend on the way you approach the job and the con-

35
fidence you inspire in your mentor. The aim should be to use each task as an educa-
tional exercise as well as in gaining experience : If for instance, you are asked to
prepare a contract for a small house, work out (in your own time) a critical path net-
work and compare your forecasts with actual progress. On the site you should make a
slump test and check levels dimensions and perpendiculars in order to gain experience
in judging tolerances that are acceptable. Effective inspection of building work is a
most important field of experience to acquire.

7. BASIS OF COMPUTATION OF TRAINING PERIOD


The total number of hours that a full time trainee will earn in two (2) years is as
follows:
At eight (8 l hourS/day
five (5 l days/week
forty-eight 148) work weeks/year
equals 8 x 5 x 48 = 1,920 hours/ year or
3,840 hours in two
12) years
In no case, shall the diversified training period be less than a total of 3,840 hours.

8. THE LOGBOOK
The trainee must secure a registered copy of the official Logbook as approved by the
Board of Architecture. Professional Regulation Commission from the United Ar·
chitects of the Philippines for an amount to cover cost only, duly approved by the
Commission.
For records of training and experiences _in architecture and allied professions the
trainee should-fill up DT form 001 citing the synopsis of work completed under a men-
.tor. The trainee must accomplish DT form 002 showing a summary of the total
number of hours required credit for each field of practice. DT form 003 must indicate a
summary of the training venues, listing the mentors and advisers.

Should additional forms be needed, these 'can be obtained from the UAP Secretarial.

9. MATERIALS NECESSARY IN TRAINING PROGRAM


When undergoing training, a trainee should supply himself with his own drafting
equipment and materials like, T -squares, triangles, technical pens, pentel pens, col-
ored pencils, tracing papers and others that are necessary to the execution of work,
unless otherwise offered by the mentor.

10. DUTIES AND RESPONSIBILITIES OF THE TRAINEE


a. To select an Adviser and to consult him regularly.
b. To seek placement with mentors or firm for di-versiiieti tra\ning.
c. To accomplish the required forms (jf the Logbook.
d. To observe and follow all office rules and regulations issue<! by the mentor or firm
in the performance of his training.
e. To observe honesty and proper decorum at all times.
f. To maintain strict confidentiality of all projects undertaken by the mentor or the
firm. "

1 1 . DISCIPLINARY ACTION
Failure to comply with any of the duties and responsibilities of the trainee as stipulated

36
above shall be subject to disciplinary action or termination of training which may be
appealed to the Board and the Commission.

B. GUIDANCE NOTES FOR MENTORS OF TRAJNEES

1 . OBJECTIVES
The purpose of the logbook ·of practical experience is to ensure that those wt-to shall
take the licensure examination for architects have had sufficient diversified ex-
perience necessary in compliance with the provisions of R.A. 545. Article 1, Section
18-C, which states "xxx has a specific 1'ecord of at least two (2) years of diversified
experience ..... XXXXXXX."
Resolution No. 9-A series of 1979 by the Board of Archit'ecture, Professional Regula-
tion Commission pursuant to Sections 2 and 8 of R.A. 545, as amended, adopted
UAP Document 200 (Code of Ethical Conduct) among others as the National Code for
Architects as part of the Rules and Regulations governing the practice of Architecture
in the Philippines (September 24, 1979); One of the provisions of the Architects Code
of Ethics (UAP Doc. 200} states: "I shall inspire by my beha'vior the loyalty of any
associates and subordinates and take upon me the mentorshipof the aspirants to the prc.-
fession." This provision constitutes a protessionat obligation and duty on the part of
an architect to act as mentor and train an aspirant or candidate to the profession.

2 . MENTOR' S RESPONSIBILITIES
There are two major undertakings by the mentor which should be regarded as setting
a minimum standard.
a. fo give the trainee ·~easnnable opportunities to gain an adequate breadth and
depth of experience from ·the range of professional activities describ-ed in the
Logbook.
b. To undertake direct supervision of trainee if mentor is practicing alone. or member
of firm, _g overnment or private agency or faculty member of school, related to ar·
chitecture. If head of a firm, to assign or designate a qualified Architect who will be
responsible for the trainee's work so that adequate experience is obtained.

3 . EXPECTATIONS FROM A TRAINEE


Many trainee during their first few weeks in an office tend to be judged on their ability
to draw and detail. Some may compare unfavorably in skitts against a good draftsman.
It is important to remember, however, that courses in architecture cover a wide range
of subjects and have become much broader considering the new five-year ladder type
curriculum. The trainee's particular skills and interest should therefore be established,
in a wide range of more advanced work, such as aspects of user requirements, en-
vironmental control of integrated design schemes.

4. ARE MENTORS OBLIGED TO RETAIN AN UNSATISFACTORY TRAINEE?


No.I But before making the decision to terminate his training, Adviser assigned to the
trainee would appreciate an opportunity to discuss the matter with the mentor and
with the trainee.
Trainee who are obtaining satisfactory practical training are generally advised to re-
main with the.same mentor.

5. WHAT HAPPENS IF THE MENTOR'S WORK IS REDUCED UNEXPECTEDLY?


If this happens, the mentQr may retain the trainee and assign him /her to do research

37
works within the various areas of training for not more than 3 2 0 hours. However, pro·
blems in this regard may be taken up with his/her Adviser, and if practicable, to be
transferred to another Mentor.

6 . WHAT USE IS THE DIVERSIFIED TRAINING (OTl fORMS OF ACCREDITATION OF


PRACTICAL EXPERIENCE?
First, as a checklist for both the tfainee and mentor in ensuring that a broad
.coverage of diversified experience is given as opportunity allows;
Second, as an easily assessed and specific record, which w ill show to the
satisfaction of the Board of Architecture the diversity of a candidate's training .
IS IT NECESSARY TO GIVE EVERY KIND OF
EXPERIENCE INCLUDED IN THE LOGBOOK
OF DIVERSIFIED EXPERIENCE?
It is intended that every trainee should necessarily obtain all the different kinds of
experience from one mentor. A trainee with an imbalance in the training gained
during his first year witl obviously bear this in mind when applying with other men·
tors or offices for the second period .
The trainee should aim to make the most of the particular opportunities available at
the time. The initiative in this respect must be the trainee's and should seek
guidance from his Adviser on what is reasonable to expect in any circumstances.

8. QUALIFICATIONS OF A MENTOR
a. Must be a Corporate member of the United Architects of the Philippines for at least
one (1 } year.
b. Must be in the active practice of his profession whether in private or government
sector including teaching and allied professional undertakings.

9. DUTIES Of THE MENTOR


a. Open opportunities for the trainee to undergo diversified experience.
b. Supervise the trainee in obtaining diversified experience in Architecture.
c. Ensure that the record or logbook is properly kept and regularly discussed with the
trainee .
d . Coordinate with the Adviser of the trainee the progress of his training.

10. DISCIPLINARY ACTION


The trainee shall be subject to disciplinary action by mentor or termination of training
for violations of rules and regulations set forth by the mentor or firm. Serious viola·
tions may be brought by the Mentor to the attention of the United Architects of the
Philippines which, after due process, may recommend action to the Board of Architec-
ture, which action may be appealed to the Commission.
11 • COMPENSATION
The mentor is not obliged to accept or co1npensate any trainee . Renumeration of an
· undergraduate or graduate is optional to the mentor.

C. GUIDANCE NOTES FOR ADVISERS OF TRAINEES .

1. OBJECTIVES
The purpose of 'the accreditation of practical experience is to ensure that those who
shall take the licensure examination for Architects have had sufficient diversified ex-

38
perience necessary in compliance with the provisions of A.A. 545, Article 1, Section
18-C, which states: " ... has a specific record of at least two 12) years of diversified
experience ... ''.

2. ROLE OF THE ADVISER


a. Assist the trainee in the compliance of the logbook.
.b. Assist the trainee to look for a mentor, if necessary.

RULES OF TRAINING
1. The minimum period of diversified experienC9 required is two 121 years or a total of 3840
hours.
1
2. The minimum of two years diversified training in all cases be spent in an architectural or
allied professional firms, under the direct supervision and guidance of a UAP Corporate
Member.
3. Practical training must include the range of professional activities set fourth in the Log-
book, which must be duly signed by the Mentor and countersigned by the Adviser. (See
DT Form -001 ).
4. The trainee must sign every form {DT Form-001 and DT Form-002) certifying that the ·
record therein is true information of his diversified training and experience in architecture.
5. The forms come in duplicates. The original forms which state "to be submitted to the
Board of Architecture , PRC" must be detached from the logbook . Duplicates will be re-
tained for the trainees' personal file and records. Do not submit the whole logbook .
6. The Board of Architecture will only consider a candidate's practical diversified training
which is properly recorded in his registered Logbook, issued only by the United Architects
of the Philippines, through the schools/coll eges of Architecture in the Philippines.
Candidate should register in person for the Board licensure Examination. All the properly
accomplished forms in the Logbook of Diversified Experience in Architecture (ORIGINALS}
shall be submitted to the Board of Architecture one month before the examination .

. OETAILED AREAS OF TRAINING


This list of training areas for architectural competency where the trainee should gain ex-
perience during the practical training are the services which are necessary to protect the
public health, safety and welfare of users of building that architects design. These services
are useful in the formulation of subject areas where the trainee should gain experience
before taking the examination for Architects given by the Board of Architecture, PRC.
It is important to always bear in mind that during your training you should sharpen your:
a. Analytical and perceptual ability
b. Conceptual and synthetic process
c. Creative and artistic talents
d. Management and coordination competency
e. Communicate talents covering graphic. numeric, literary, manipulative and verbal
skills.
The following are specific areas of training and corresponding time percentage within the
scope of the practice of architecture as stipulated under Resolution No.9, Series of 1982,
dated February 22, 1982 of the Board of Architecture which trainees shall therefore be re·
quired to undertake:

A. Architectural Drafting, Designing, Planning and the Like (25%}

39
1. Space programming and Planning .t'.rchitectural Programming.
2 . Building Design
3 . Environmental Site Analysis and Design; Site Selection, Analysis and Utilizat ion; Site
Development Planning; and Site Planning.
4 . Town and City Planning; Urban Planning and Design; and Subdivision .Pianning.
5. Physical and Land Use Planning; Community Architecture; and Landscape Architec-
ture .
6. Housing Design, Architectural Design and Architectural Detailing.
7 . Interior Design; and Interior Detailing and Furnishing.

B. Preparation of Contract Documents. Specifications Writing and the Like (26%)


1. Preparation of working drawings, specification and other Contract Documents.
2. Preparing General Conditions and Construction Specifications.
3 . Preparing Project Feasibility, Financing, Programming and Promotio'nal Studies.

C. Clerk of Works and the Uke {15%t


1 . Construction Management
2 . Building Cost Estimating
3. Building Materials Purchasing
4 . Materials and Equipment Warehousing
6 . Construction Scheduling:PERT-'CPM
6. Construction Records and Time Keeping

0 . Superintendence and the Uke 110%)


1 . Works Supervision
2. Construction Administration
3. Building Maintenance and Administration
4 . Project Management

E. Structural Design and Allied Engineering Fields (15%)


1 . Structural Designing, Drafting, Computations and the lik.e.
2. Mechanical, Electrical, Sanitary and Utilities Systems Equipment Selection and Plan·
ning.
3. Architectural Lighting and Acoustics
4. Computer Study and Operation.

F. Ancillary Services and the Like (10%1


1. Assisting in Teaching Architectural Subjects
2. Building Material and Equipment Sales and Servicing.
3. Assisting in government public works projects.
4. Building , Planning and Zoning Regulatory Functions
5. Architectural legacies documentation, Res.earch and Restoration Work.

ACTIVITlES
The following are activities that constitute synopsis of work that the trainee can perform in
gaining experience in various training. During your initial encounters with the various fields
of activity, seek assistance from your superiors and the more experienced. As mentors of
the architectural profession they will gladly give you encouragement and support.
1 . Office meetin~s. brainstotrning and coordination works.
2. ConferencE> with rtients.
3. Meetings with local authorities

40
4. Prepar~tion of presentation materials, audio-visual aids, scaled models and other pro-
motional studies.
5. Preparation of minutes and reports
6 . Site visitations and inspections
7. Preparation of architectural and structural design documents.
8. Architectural drafting and preparation of contract drawings.
9. Materials selection and specification writing.
10. ·cost planning, quantity estimating and cost controlling.
11 . Meetings and brainstorming with design team.
1 2 . Conference with building team
1 3. Office management, general administration and procedures. ·
14. Pre-contract job management
1 5. Construction administration and works supervision.
16. Post-Construction and building operations .
These activities together with the list of training can be utilized as a checklist in monitoring
the practical experience you have gained during your tenure of traini~g.

H U DCC - Housing and Urban Development Coordinating Council {an office mandated to coordi·
nate and supervise the government's housing agencies.lt is also tasked with monitoring
the perlormance of the housing sector, and is also involved in r&search and policy
formations and policy advocacy. The HUDCC administers the government's national
shelter program.
Under the HUDCG structure, the SSS, the GSIS, and Pag-lbig are the frontliners. Thls
also include the UHLP and HDMF. Below are the key housing agendes, the NHMFC.
NHA, HLAB, and HIGC which are direct HUDCC supervision.
The support agencies are the DBM, NEDA, DBP, OF. OPWH, and Representatives of
four private sector organizations, which may be from SHOA. CAEBA, REBAP,PARE B.
NAR, UAP, etc.)

A.. FRONTUNERS
SSS - Social Security System
(coverage in the SSS shall be compulsary upon all employee.s not over sixty
years of age and their employers for the private sector)
GSIS - Government Service Insurance System
(The insurance system for the Public Sector)
PAG-IBIG - Pag-lbig Fund
(a provident savings fund for housing open to most private ent~ies)
UHLP - Unified Home Lending Program
(This is administered by NHMFC from funds constributed by SSS, HDMF and
GSIS)
HDMF - Home Development Mutual Fund
(The HDMF administers the Pag-lbig fund, it ent~les Pag-lbig members who are
public and private employees as well as the self-employed to housing loans).

8. KEY HOUSING AGENCIES


NHMFC - National Home Mortgage Finance Corporation
(The agency mandated to administer mortgage take-outs of buyers originated by
banks and developers, faced with administrative problems in loan processing like
shortage of evaluators, and computers as wall as power outages.}

41
NHMFC is tasked with the generation of a continuing aouroe of fund for housing through the
seoondary mortgage market system that seeks to attract private investments Into housing. This
system takes the risks from private investors who are in HFC's main functions to attract private
sourcfi of capital for home financing. n provides mortgage credit Insurance by acting as
guarantors of individual home loans to assure the payment of said mortgage loans. ll is also
directly involved in providing construction and development finance for housing.
NHA - National Housing Authority
(The Af,jeney tasked for the building d housing units and residential condominJ-
ums. The NHA also facilitates joint venture projects among landowners, develop-
ers, financial institutions and local governments.) It is responsible for undertak-
Ing housing development and resettlement and for prescribing guidelines and
standards for the reservation, conservation, and utilization of publlc Ianda
identified for housing and resetttement.
HIGC - Home Insurance Guarantee Corp.
(insuring the subdivisions and also a lending entity)
HLRB - Housing and Land use Regulatoty Board
(The government's principal regulatory body in housing and land development.)
h is to enforce, implement, coordinate and streamline land use policies and regu-
lations on human settlements, including the implementation and enforcement of
the Ulban land Reionn Deaee, and value and building rental regulatlons and
other related laws. The approval of preUminary and subdivision schemes and
development plans of all subdivisions for residential, commercial industrial and
other purposes of the pubtic and private sector, is now being transferred to the
LGU - (local government units) as per the new local government code.

C. SUPPORT AGENCIES
OBM - Department of Budget and Management
NEDA - National Economlc and Development Authority
DBP - Development Bank of the Phifeppines
OF - Department of Finance
DPWH - ~partment of Public Works and Highways

D. PRIVATE SECTOR ORGAHIZAllONS


SHDA - Subdivision and Housing Developers Association, Inc.
CREBA - Chamber of Realtors and Builders Associaton
REBAP - Realtor$ and Builders Association of the Phils.
PAREB - Philfppine Association of Realtors and Builders
NAR - National Association of Realtors
UAP United Architects. Phils.

E. OTHERS
PEA Public Estates Authority
(An agency tasked to implement relocation of squatter families.)
USAid - United States At;ymc:tj for International Development
PADCO - Planning and Development Collaborative international
NUOHF - National Urban Development and Housing Framework
(The comprehensive development plan urban and urbanizable areas intended
primarily to uplift the conditions of the underpriveleged and homeless citizens in
Urban areas and in resettlement areas.
This consist of volume I for macro framework for national development and housing, while
volume It covers the guidelines for local government units, including town planning guidelines
in condensed form, shelter P*tnning guidelines, implementing rules and regulations.
42
NATIONAL BUILDING CODE
IMPLEMENTING RULES
AND REGULATIONS
RULE 1 BUILDING PERMIT APPLICATIONS
A. DEFINITtONS
1 . BUILDING PERMIT - a written authorization granted by Building Official to an appli-
cant allowing him to proceed with the construction of a specific project after plans,
specifications, and other pertinent documents have been found to be in conformity
with the National Building Code (PO 1096} and its implementing rules and regulations.
It includes any or all of th~ Permits enumerated under Section 1 of Rule 11 1. {see page 49B
2. CONSTRUCTION - all on-site work done from site preparation, excavation, founda-
tion; assembly of all the components and installation of utilities and equipments of
building/structures.
3. ERECTION - Installation in place of components of a building/structures.
4. ADDITION - Any new construction which increases the height or area of an existing
building/structures.
5. AlTERATION - construction in a building/structure involving changes in the
materials used, partitioning, location/size of openings, structural parts, existing
utilities and equipment but does not increase the overall area thereof.
6 . RENOVATION - Any physical change made on a building/structure to increase its
value, utility and/or to improve its aesthetic quality.
7. CONVERSION - a change in the use or occupancy of a building/structure or any por-
tion/s, thereof which has different requirements.
B. REPAIR - Remedial work done on any damaged or deteriorated portionls of a
building/structure to restore its original condition.
9 . MOVING - The transfer of a building/structure or portion/s thereof from its original
location or position to another, either within the same lot or to a different one.
10. DEMOLITION - The systematic dismantling or destruction of a building/structure.
in whole or in part.
11 . ANCILLARY BUILDING/STRUCTURE - a secondary building/structure located within
the same premises the use of which is incidental to that of the main building/structure.

B. BUilDING PERMITS:
No person, firm, or corporation, including any agency or instrumentality of the government
shall erect, construct, alter. repair, move, convert, or demolish any building or structure or
cause the same to be done without first obtaining a building permit therefore from the
Building Official assigned in the place where the subject building is located or the building
work is to be done.
However, a building permit shall not be required for the following constructions and-repairs:
provided that said constructions or repairs shall not violate any provisions of the Code and
its implementing Rules and Regulations:
a. Minor Constructions:
1. Sheds, outhoiJses. greenhouses, children's playhouses, aviaries. poultry houses

44
and the like. not exceeding 6 sq. m. floor area, provided they are completely
detached from any other building and are intend~d only for the private use of the
owner.
2. Addition of open terraces or patios resting directly on the ground, not exceeding
20 sq. m. in floor area. exclusively for the private use of the owner.
3. Installation of Window grilles.
· 4. Garden pools for the cultivation of water plants and/or aquarium fishes not ex-
ceeding 500 millimeter {0.50m) in depth.
5. Erection of garden walls other than party walls not exceeding 1.80 meters .in
height, cementing, of footpaths, garden walks and/or driveways.

b. Repairs:
1 . Repair works not affecting or involving any structural member, such as replace-
ment of deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceilings
and/or sidings.
2. Repair of non-load bearing partition walls.
3. Repairs of any interior portion of a house not involving addition or alteration.
4. ·Repair and/or replacement of window and floorings.
5. Repair of perimeter fence and walls.
6. Repair and/or replacement of sanitary or plumbing fixtures, such as toilet bowls
and cisterns, urinals and bidettes. pipes. fc.ucets, valves, water pumps and/or
tanks.
7. Repair or replacement of faulty or deteriorated wiring devices, fixtures and safety
devices, provided that no alteration shall be made on the service entrance and the
main switch or breaker, and that no additional circuits shall be added.

C. REQU,REMENTS
Any person desiring to obtain a building permit shall file an application therefore in writing
and on the prescribed form. (see. page 490, 492 and 4941
1. Together with the accomplished application form the following shall be submitted to
the office of the Building Official:
a. ln case the applicant is the reg)stered owner of the lot.
1 . Certified true copy of TCT (Title)
2. Tax Declaration
3. Current real property tax receipts (all xeroxed in 3 copies!
b. In case the applicant is not the registered owner of the lot.
1 . Duly notarized copy of the contract of lease or
2. Duly notarized copy of the Deed of Absolute Sale, or
3. Duly notarized copy of the contract of sale.
Five (5) sets of plans and Specifications, and Bill of Materials, Prepared, signed and
sealed. {see page 4601
a. by a duly licensed architect in case of architectural.
b. by a duly licensed civil engineer for structural plans.
c. by a duly licensed electrical engineer, in case of electrical plans.
d. by a duly licensed sanitary engineer or master plumber, in case of plumbing or

45
sanitary installation plans.
e. by a duly licensed professional mechanical engineer, in case of mechanical plans.
2 . The Building permit fQrms shalt be accomplished and s\gned by the Architect who
prepared the plans and also the architect who will be in charge of the construction.
The owner shall also sign the form. (see page 490)
3. The application for electrical permit form shall be duly filled up and bear the signature
of 'the Electrical Engineer who prepared the Electr ical plan and also the signature of the
Electrical Engineer who is in charge of the installation. fsee page 4921
4. The application for plumbing/sanitary forms shall bear the signature of the sanitary or
master plumber who prepared the plumbing plans and the signature of the plumber in
charge of the plumbing installations. (see page 494l
5. Logbook tsee page 521
NOTE: Plans and Specifications shall not be required f or:
a) Tra<Dtional inadequate family dwellings which are intended for the use and occupancy
'Of the family of the owner only and constructed of native materials such as bamboo,
nipa, logs, or lumber, the total cost of which does not exceed fifteen thousand pesos
(P1 5,000.00).
b) Single detached dwellings up to 20 sq. m. in floor area.
For a or b, a simple sketch with ~imensions , accompanied by a site location and vicinity
map, will suffice.

5 .1 ARCHITECTURAL DOCUMENTS:

NOT TO SCAL.E

46
a. Location Plan within a two kilometer radius for commerciaL industrial, and institu-
tional complex and within a half-kilometer radius for residential buildings at any
convenient scale.

SITE PLAN
Scale 1:200 m
b. Site Development Plan at scale of 1':200 m. Standard or any convenient scale for
large-scale devek>pment showing position of building in relation to lot, existing
buildings within and adjoining the lot shall be hatched and distances between the
proposed and existing, buildings shall be indicated.

c. PERSPECTIV E
d . Floor Plans at scale of not less than 1:100 m for a small residence. a scale of 1:50
is good.
e. ELEVATIONS - at least four (4)
f. Sections - at least two (21
g. Foundation Plan at scale 1 :100 or more
h. Floor - framing Plan
i. Roof - framing Plan
j. Details of Footing/Column at any convenient scale.
k. Details of Structural Members, like stairs.
I. Balconies, Trusaes, Beams. etc. arch'l details like closets, cabinets etc.

5.2 STRUCTURAL ENGINEERING DOCUMENTS:


a. Design analysis shall be required for all buildings or structures except for the
following.

1 . Traditional indigenous family dwellings

2 . Single detached residential buildings with a total floor area up to 20.00 sq. m .
b. Boring and Plate Load Tests (Soil Classification) required only for buildings or
structures of four (4) stories and higher:

47
PER.SPC:C.i\VE.

SEC. 25 RA 545
Drawings and specifications duly signed, sealed or stamped, as instruments of service. are the property and
documents of the architect, whether the object for which they are made is e~ecuted or not. It shall be unlawful
for any person, without the writter~ consent of the architect or author of said documents. to duplicate or to
48 make copies of said documents for use in the repetlti011 of and for other projects or buildings, whether executed
partly or in whole.
EXAMPLE OF PA61N6
DRAWING NO. DRAW\N~ ~0.
\l.EPUF$LIC. Of-rl;E PHILIPPINES
.. E OF C..ONTS:NI.S D~'!TM~ OF Cl.J!'1UC. V..ORKS
"TRAN~P<JR!A!:ON It COMM

'S. C. R I PT! 0 f'l


~~~~
"1\J~ f!'~
llllf':CTWE · · A-1 101"::!.1
OFI"I~ ()F iJ.E BUILDING
llllPLAN5 A-7.. 20f31 OFFICIAL
""TIONS A·?> 3
r;TIONS A·4 4 DIS\ll!cr /C.rn'/MUNICl~'TY
~T~EN A•.5 Iii
c£1LIIJ<;. A·~ <0
IPI(.I-WINDOWS A·7 7

-!:lET
IQrr OE:TAJL.S, F.P.
AIL.S
..,_...TION PLAN
A·&
A-9

S-1
6
~

100Fl'1
DRAWING NO. DRAWINbNO-

~DETAIL~ ~-'Z. 11
LAI-.~ :,..S.E. ~ Z.Of.liN(.;.
lilt FRA.,_.I~PLAt-1 S-3 12
..,~.J..SI.t\IJ r:£r. S-4 13
~AlAMIN(; PLAN s-s 14 SHEET NO.
DeTAILS ~....:<. 15
...,._,(;. LAYOUI P-1 1c/,~3\ 1Zj31
IIIE'TJU( Oi,W". ~F. P-Z 17
Lt'-.iE Z. bR.ADE
~IC~WATtRL· P-?> IS
IIIIL'f"SEPt'IC:. TANK. P-4 19
... OIAG. DRAIN~ p.;; 2.D

~ICAL L.A'{OUT$ EH 21~3l


lg..:E UNE DJAGR.AM e.-2. 2.2.
II!R Dt.«:.RAM E-3 2.3 ARCH t-rECTURAL
BU.£ OF LOAl:lS E-~ 24
!SIGN Al.J,ALYS:I$ E·S 2S
[IIF'Ma.IT t.A'(O!.rf' M-1 ZC.Cf=31
aiCtl OF GU~RE M-Z Z7
IE"I<:I'- bi<WG.. ~PI FE. M-3 '2$
117 W~S M-4 Zt'iJ
STRUCTURAL.

lllULEbF FIPOR FIN. ~<.-1 ~00}=31


STAIR SE.crrON
B:U.E"CF WALL F\N. S(-Z. :?>lrF.31
)(AlE H.OM
~
SANITAR.'f
~

,~·
It----t

E LE CTR..ICAL

M_ECHA"-1 I CAL
IllER. SHEET ~ rafTS DRAWN BY t>RAWIN~NC

fftJo1
OIELl'-EDI'N ~l.!e£T NO
1/39
S. l-IEn CONTENT~ DI<'AI.Ih>i EN ~'N
DeTAIL$ OF STAIR.
k9
~Err <
'f, 3l
c. Seismic Analysis (Earthquake Forces)
Every building or structure and every portion thereof except single detached
buildings, duplexes, housing, church rectories which are less than 7.5 meters in
height, shall be designed and constructed to resist stresSGs produced by lateret
forces.

5.3 SANITARYIPLUMBING:
a. For new, additional or altered ·plumbing Installation not exceeding twenty (20)
units, the engineering documents signed and sealed by a duly licensed master
plumber shall include the following~
, . Plumbing Plan and Layout
2. Isometric Drawing
3. Guide Specifications and Bill of Materials
4 . 'Estimate of Cost (for statistical -purposes only)
b. For new Sanitary Installation with more than twenty (20) units of plumbing in-
stallations. water supply, storm drainage, water purification and sewage treat-
ment plant, applications shall be accompanied by sanitary plans and specifications
signed and sealed by a·duly licensed Sanitary engineer.
1 . Sanitary plan, layouts and details.
2. Isometric drawings of roughing- ins of sanitary drainage, ventilation lines, hot
and/or cold wateT distribution/supplies to plumbing fixtures and equipment
3. Detail drawings of Imhoff tanks/septic tanks in the absence of disposal to the
street sanitary sewer.
4. Riser diagram of drainage including details of miscellaneous appurtenances
such as manholes, junction boxes catch basins, water/sewer/storm drainage
connections.
5. Design Analysis, technical specifications.
6. Estimate of Cost (for statistical purposes only)
7. Detail drawings of deep well water source and water-treatment device in the
absence of municipal water system.

5.4 MECHA~ICAL:

a. The corresponding plans and specifications for 50 Hp or more, signed and seated
by a duly licensed, Professional Mechanical Engineer shall contain the following:
1 . General layout plan for. each floor, to a scale of not less than 1 :, 00 m in-
dicating the equipment in heavier lines than the building outline. Names of
machinery and corresponding brake horsePQwer shall be indicated.
2. Longitudinal and Transverse action drawn to scale of at least 1:100 m show-
ing interfloor relations and defining the manner of support of mitchinery
(whether through building structure, by separate staging, or by foundations
resting on the ground).
3. Isometric drawing for piping syatem showing:
a. Assembly of pipes on rocks and supports.
b. Complete individual piping system indicating terminal to terminal valves,
fittings, sizes and color codings.
4. Plan indicating location of store rooms, fuel tanka, fire extinguishing system,

50
fire doors, fire escapes. ladders and other similar fire protective facilities.
5. Plans of all duct w ork installations , indicating dampers, controls. filters,
fireproofing, acoustical and thermal insulation.
6. Detailed plans of machinery foundation and supports drawn to scale 1:50 m.
7. Detailed plans of boilers and pressure vessels with a working pressure of
above 10 psi regardless of HP rating . 1:50 m.
8. Computation and detailed plans of elevator, escalators and the like.
9. Complete machinery list, showing
a. Name and type of machinery
b . Make and catalog number, size, model sedal number, capacity.
c. Revolution per minute (RPM) and drive (direct, V-belt or flat-belt, gear
reducer hydraulic, magnetic, chain or line shafting).
d. Motor or Prime Mover Showing
1 . ICE (International Combustion Engine)
a. Horsepower Rating (HP)
b. RPM (revolution per minute)
c. Total horsepower
d . Fuel
e. Use
2. ELECTRIC MOTOR:
a. Horsepower (HP) rating
b. RPM !revolution per minute)
c. Voltage
d. Chase
e. Cycle
f. Current
g. Kilowatt (kw)
h. Use
10. Flow Sheets
for processing plant, manufacturing plant or Assembly plant.
b. For all installations, additions or alterations involving machinery of at least 20 HP
the signature of the applicant shall be sufficient.
c. Estimate cost of Installation and Equipment shall be submitted.

5. 5 ELECTRICAL
For new electrical installation with more than twenty !20) outlets or a capacity of
more than a 4 Kw, of any voltage, application shall be accompanied by electrical plans
and specifications signed and sealed by a duly licensed professional electrical
engineer, containing the following:
1 . General Electrical Layout with Legends
2. Single line Diagram
3. Riser diagram
4. Schedule of Loads
5. Design Analysis
6. Estimate of Cost
6. LOGBOOK AND STANDARD DRAWING SHEETS
7 . Whenever necessary, written certifications/ Clearances shall be obtained from the
various government exercising regulatory functions affecting buildings and other

51
related structures, such as the:
Housing and Land Use Regulatory Board HLURB (formerly the Human Settlements Re-
gulatory Commission HSRC) zoning and land use
National Housing Authority (NHA)
For subdivision and residential condominium
National Pollution Control Commission (NPCC)
For pollution abatement and control Measures.
Ministry of Tourism (MOT)
For Tourism Oriented Projects
Civil Aeronautics Administ ration (CAA)
For height clearance for constructions near airports.
Philippine Ports Authority (PPA)
For constructions in port zones, etc.

LOGBOOK

SITE
PROJECT ·------- -- - - -- -- -- -- - - - - - - -- -- - - - - -

DA I LY REPORT
COl.OfiCOOE
12
I. W EATHER CONDITION: 12

~="'
AM

II. MANPOWER AVAILABILITY


PM
·®· 6
EVENING 9 c:::::::::J
c:::J

6
3

c::=J
Foggy
light rain
r::::=::J Heavy rain
Typhoon

supervisor carpenters ---- electricians


to reman masons plumbers
steelman laborers painters
utility men tinsmiths

Ill. CONSTRUCTION ACTIV\'T\ES:


(Structural. Sanitary, Electrical. Mechanical, Architectural, etc.)

IV. EQUIPMENT UTILIZATION

V. CORRESPONDENCE - received & transmitted

VI AGREEMENT, DECISIONS MADE

VII. IMPORTANT VISITORS/PURPOSES

RULE II PROCESSING OF APPLICA'liONS FOR BUILDING PERMITS


AND CERTIFICATES OF OCCUPANCY
A. BUllDlNG PeRMITS
1. VERIFICATION OF LAND USE AND ZONING COMPATIBIUTY
a. The appficant goes to the zoning administrator who shall first verify conformity of the
proposed building with the land use plan and zoning regulations of the City/Municipality.

52
{The building official acts on this in the places where there is no zoning administrator\.
2. FILING OF APPLICATION:

a. When satisfied that all documents, plans and specifications accompanying an ap-
plication are in order . The Building Official gives due course to the application.

b. Upon receipt of application the Building Official refers one t 1) set of plans and
specifications to the chief of the Local Fire Service !CLFSl for his evaluation,
review and /or r-ecommendation w ith res pect to fire safety and control re-
quirements . The CLFS is given five days to act and submit this report to the
Building Official .

3. LINE AND GRADE VERIFICATION:


a. Building Official establishes and/or verifies lot as reflected in the Torrens title or
TCT and its relation to the proposed building.

b. Building establishes setbacks and determines grades in relation to road lots, pro-
perty lines, streets or highways whether existing or proposed, as reflected in the
land-use, zoning or development plan of the City/Municipality including road
widening and construction of various public utilities and other infrastructure pro-
jects.

4. PROCESSING OF APPLICATIONS

(Corresponding Technical Staff evaluates bidding documents as to technical re-


quirements for:)
a) Architectural
types of construction
11equirements ot Fire Zones
Light and Ventilation
Building Projections over public streets
General Design and Construction Requirements
Classification and General Requirements by use or occupancy.
Signs
bl Structural
Structural design requirements
Fire resistive requirements on construction
Excavations. foundations and retaining walls
The use of Computers
Pre-fabricated Construction
c) Sanitary/Plumbing
- Sanitation
d) Electrical
- Electrical Regulations
el Mechanical
- Mechanical Regulations
fl Fire Safety and Control
- Fire extinguishing systems

(The required . Fees under each Technical documents concerned shall be paid to the Public
Works Cashier and then the receipts to be submitted to the assistant of the Building Official
who is in charge of the Processing of the permit}.
5. FINAL EVALUATION
a) The Technical Staff prepares assessment o f corresponding fees, including the
0 . 1% (or 10% of 1% = .001 or simply ~1 .00 for every 11"1 ,000.00 estimate) for
example if the total permit is t-400,000 Multiply by .001 = P400.00 permit fee or
J-400,000.00 divide by fD1 ,000.00 == ~400.00 Fee) FIRE FUND FEE. This is paid
to t he fire dept. and a receipt is issued.

6 . ISSUANCE OF BUILDING PERMIT:


a) When satisfied that the work described in an application for building permit and the
plans and specifications submitted herewith, coniorm to the requirements of the
Co de as well as of these Rules., the Building Official shall, within fifteen days from
p ayment of the required f ees by the applicant, issue the building permit applied for.
b) The Building Official may issue a permit for the c'onstruction of only a part or por-
t ion of t he building or structure whenever the plans and specifications submitted
together with the application do not cover the entire building or structure .
c. The Building official may issue a permit for foundation and basement even while
the application is still being processed, and shall charge corresponding fees
therefor in accordance with pertinent provisions of rule 111. The fee so collected
shall be deducted from the total building permit fees.

7. NON-ISSUANCE, SUSPEN SION OR REVOCATION OF BUILDING PERMITS:


a. The Building Official may order or cause the non-issuance. suspension or revoca-
tion of building permits on any or all of the following reasons or grounds :
1 . Errors found in the plans and specifications.
2 . Incorrect or inaccurate data or information supplied.
3 . Non-compliance with the pertinent provisions of the Code or of any r ule or
regulation issued thereunder.
b. Notice of non-issuance, suspension or revocation of building permits shall always
be made in writing, stating the reasons or ground therefor.

8. TERMS CONDITIONS OF PERMITS:


a. Approved plans and specificatio.n s upon which the issuance oi the permit has been
based shall not . be changed, modified or altered without the approval of the
Building Official and the work shall be done strictly in accordance thereto.
b. The issuance of a building permit shall not be construed as an approval authoriza-
tion to the permittee to disregard or violate any of the provisions of the Code.
~- Whenever the issuance of a permit is b ased on approved plans and specifications
which are subsequently found defective. the Building Official is not precluded from
requiring permittee to effect the necessary corrections in the said plans and
specifications or from prevent ing or ordering the stoppage of any or all building
operations being carried on thereunder which are not in acc ordance wit h the Code
and/or this Rule.
d. In the actual execution of the project, the architect or civil engineer in charge of the
construction w ork may hi re the services of one or more project inspectors/to
assist in the full time inspection and supervision of all aspects of the construction.
Said project inspector/s must be professional/s who is/are duly registered ar-
chitect/s, engineers. master electrician/s master plumber/s. etc. qualified in their
respective disciplines.

54
e. The owner shall put up a sign complying with the prescribed dimensions and re·
quired information. Such sign shall remain posted on the construction site for the
duration of the construction. isee pag~.; 497!

9. VALIDITY OF A BUILDING PERMIT:


A building permit issued under the provisions of the Code shall expire and become null
and void if the building or work authorized therein is not commenced within a period of
one year from the date of such permit, or if the building or work so authorized is
suspended or abandoned at any time after it has been commenced for a period or 120
days.

CERTIFICATE OF OCCUPANCY FOR BUILDINGS/STRUCTURES CONSTRUCTED AFTER THE


PROMULGATION OF THE NATIONAL BUILDING CODE (PO 1 096} ; (see page 4961

Pursuant.to Section 309 of the National Building Code (PO 1096}, no building or structure
shall be used or occupied and no change in the existing use or occupancy classification of a
building or structure or portion thereof shall be made until the Building Official has Issued a
Certificate of Occupancy therefor.
1. To secure a certificate of occupancy, the following procedure shall be followed:
The owner/applicant shall submit to the Building Official the following documents:
a. Certificate of Completion together with the logbook and the Building Inspection
Sheet duly accomplished by the Contractor (if the construction is undertaken by
contract) and signed and sealed by the architect or civil engineer in-charge of the
construction work .. Said architect or civil engineer may hire the services of one or
more project inspector/s to assist in the full time inspection and supervision of all
aspects of the construction. Said project inspector/s must be qualified profes·
sional/s, who is/are duly registered architect/s. master electrician/s, master
plumber/s, etc.
b. As-built plans and specifications jointly signed and sealed by the designer architect
or civil engineer and the architect or civil engmeer·in-charge of the construction
and signed by the contractor (if the construction is undertaken by contract) and
confirmed by the owner. Said plans and specifications shall reflect faithfuliy all
changes, modifications and alterations made on the originally approved plans and
specifications which are the basis of the issuance of the original building permit.
NOTE:
Pursuant to Section 304 of the National Building Code, all such changes, modifications
and alterations shall likewise be approved by the Building Official and the subsequent
mandatory permit therefor issued before any work on said changes, modifications
and alterations shall be started. The as-built plans and specifications may be just as
orderly and comprehensive compilation of all the documents which include the original·
ly approved plans and specification and all amendments thereto as actually built or
they may be entirely new set of plans and specifications accurately describing and/or
reflecting therein the building as actually built.
The Office of the Building Official shall undertake the final inspection, verification
and/or review of the building based on the Certificate of Completion, logbook. plans as
built-plans as the case may be, and specifications on the prescribed standard form (see
MPW Form No. 77·004-B), according to the following:
LAND USE
a. Conformity with approved Land Use Plan and Zoning Ordinance.
ARCHITECTURAL
a. Types of Construction (Chapter 4 of the N.B.C. )
b. Requirements of the fire zones (Chapter 5 of the N.B.C.l
c. Light and ventilation (Chapter 8 of the N.B.C. Rules XVI. NBC Memorandum Order
77.5)
d. Building projection over public streets (Chapter 10 of the N.B.C.)
e. General design and construction requirements (Chapter 12 of the N.B.C.)
f. Classification and general requirements by use of occupancy !Chapter 7 of the N.B.C.)
g. Signs (Chapter 20 of the N.B.C. Rule V of the Implementing Rules and Regulations)

GEODETIC ENGINEERING
a. Compliance with established line and grade.

STRUCTURAL AND CIVIL ENGINEERING


a. Structural design (National Structural Code for Building\.
b. Fire-resistive requirements in construction (Chapter 6 of the N.B.C.!
c. Excavation, foundation and retaining walls (Section 1202 of the N.B.C.)
d. Pre-fabricated construction (Chapter 1 5 of the N.B.C.)

SANITARY ENGINEERING AND PLUMBING


a . Sanitation (Chapter 9 of the N.B.C.)

ELECTRICAL ENGINEERING
a. Electrical regulations (Chapter 13 of the N.B.C. ; Rule IX NBC Memorandum Order 77-41

MECHANICAL ENGINEERING
a. Fire-Extinguishing system (Section 1212, Chapter 12 of the N.B.C.l

Pursuant to the Memorandum of Agreement signed on August 1, 1978 between the


MONO and the MPW, the Building Official shall notify the Chief of the Local Fire Service to
conduct his final inspection and requires him to submit his Fire Safety Inspection Certificate
within five l5) working days from receipt of notif ication . In case of non-issuance. suspen-
sion or revocation of said Certificate by the CLFS, he shall so state in writing the reasons or
grounds therefor.
NOTE:
a. Said certificate shall be issued by the Chief of the Local Fire Service (CLFS) not later
than five (5) working ~ays from referral. If. after the prescribed period , no action is
taken by the CLFS, the Building 01ficial may issue the Certificate of Occupancy with the
condition that the fire safety requirements shall be complied with the prescribed period
set forth in the Fire Code of the Philippines.
b. In case of Industrial bullding/s structures a certificate from the National Pollution Con-
trol (NPCC> shall also be required.
Building Official's technical staff prepares assessment of fees .
Building Official reviews technical evaluation and assessment of fees and orders payment
for the full amount of fees .
Building Official issues the Certi.ficate of Occupancy in the form prescribed therefor (MPW
Form 77·006-Bl
A partial Certificate of Occupancy may be issued for the use or occupancy of a portion or
portions of a building or structures prior to the completion of the entire building or struc·
tures.
Pursuant to Section 702 and 703 of the National Building Code, a building for which a Cer·
tificate of Occupancy has been issued may further be issued other Certificates of Occupan·
cy due to changes in use/s or type/s or occupancy is/are less hazardous based on life and
fire risk then the original use or type of occupancy.

INTERIM GUIDELINES ON LAND DEVELOPMENT


In the absence official land Use Plan, the following guidelines shall be observed:
1 . The Building Official shall determine the major land use pattern in his respective area
of jurisdiction in consultation with Human Settlements Regulatory Commission
IHSRC) or the local planning and/or development body. All new building construction
shall conform to this major land use pattern.
2 . Any form of land qevelopment such as site grading, construction of curbs and gutters,
fencing, etc., shall not be allowed unless adequate provisions for environmental pro-
tection are made to safeguard the area adjacent to the proposed development from
flooding, pollution and other physical ill effects.
-3. In cases of large-scale land development covering an area of 2,500 square meters or
more, the consent of the homeowners and/or barangay association and adjacent pro-
perty owners shall first be obtained before any permit is issued.
4 . All land development projects covering housing subdivision and residential con-
domin iums shall conform to the rules and regulations promulgated under PO 9 53 and
957 by the National Housing Authority (NHA}.

RULE Ill ASSESSMENT, IMPOSITION AND COLLECTION OF FEES


A. KINOS OF PERMITS:
1. Zoning and Land Use Verification
2. Establishment of Line and Grade
3. Excavation and Ground Preparation Permit·
4 . Building Permit, for the construction, erection, addition, alteration, renovation , con-
version, repair, moving or demolition of residential, commercial, industrial, mstitu-
tional, recreational, agricultural, ancillary, temporary and other buildings/structures.

Examples:
Residential Single detached dwellings and duplexes for use of owner "on
campus" dormitories, rectories, convents and monasteries,
residential condominiums owned by o.ccupants, army bar·
racks, etc.
Commercial Single detache~ dwellings and duplexes for lease, boarding
houses, apartments, accessories, hotels and inns, "of
campus" dormitories, ·transportation terminals and stations,
night clubs and dance halls, restaurants, markets and shopping

57
centers, theaters, sports stadia : grandstands, gaspline service
station, parking garages, funeral parlors etc.
Industrial Factories, plants, mills, arsenals, breweries, processing plants,
gas geneFating plants, shipyards. aircraft hangars. slipways,
drydocks and piers, lumber mills. warehouse, storage tanks,
grain and cement silos, etc.
In stitutional Educational institutions, libraries, museums, clubhouses ,
hospitals, sanitaria, asylums, homes for the aged, jails, police
and fire stations, places of worship, etc.
Recreat ional - · Cinemas, billiard halls, disco pads, amusement houses, etc.
Agricultural Barns, poultry houses. hatcheries, piggeries, stables,
greenhouses, granaries, etc.
Ancillary Garages, carports , tanks, towers, smokestacks and chimneys,
vaults, swimming pools, pelota courts, aviaries, aquariums,
zoo structures. fire walls and fences over 1.80 meters in
height, etc. ·

Temporary Field offices, laborers quarters, canopies and railings, protec-


tive fencing, etc.

Others Cemetery structures such as mausoleums. tombs. multi-level


niches, etc.

5. Demolition Permit
6. Moving Permit
7 . . Sanitary/Plumbing Permit, for the installation . alteration or repair of' sanitary , plumb-
ing, water supply and drainage systems.
8. Electrical Permit, for the installation. alteration or repair of any electrical system .
9. Temporary Service Connection Permit
10. Pole/Attachment Location Plan Permit
11 . Mechanical Permit, for the installation, alteration or repair of elevators, lifts,
escalators. dumb-waiters. conveyors, boilers, pumps, fans and blowers, pressure
vessels. furnaces steam or pneumatically activated machinery or heat producing ap-
paratus, air conditioning or refrigerating equipment or plant, including piping or duct
work and appurtenances thereto, gas and fuel supply systems, etc.
12 . Fencing permit, for construction of fences up ~o 1.80 meters in height and made of
materials other than those mentioned in Section 14.1 of this Rule.
13. Sidewalk Construction Permit
14. Temporary Sidewalk Enclosure and Occupancy Permit
15. Scaffolding Permit, for the erection of scaffolding on public areas .
1 6. Certificate of use or Occupancy, for full or partial, permanent or temporary use or oc-
cupancy and any change of use or occupancy. (see pag~ 4961
17. Annual Inspection of buildings/structures and their sanitary/plumbing, electrical and
mechanical installations, machinery and equipment.

58
18 . Sign Permit, f or the erection, installation, repair, alteration or removal of signs, as
enum erated in Rule V.
1 9. Communication/Electronics Permit

B. ASSESSMENT OF BUILDING PERMIT FEES SHALL BE BASED ON THE FOLLOWING:


1 . Type of Occupancy or Use of Building
2. 'cost of Construction·
3. Floor Area
4. Height
"Cost ot Construction is t he cost per square meter o1 f loor area o~ building, based on
group classification, as shown in Section 4 of this Rule.

C. FOR THE PURPOSE OF FIXING THE AMOUNT OF FEES BASED ON THE USE OR OC-
CUPANCY OF THE BUILDING/STRUCTURE, THE GROUP OCCUPANCY CLASSIFICATION
OF BUILDINGS ENUMERATED IN SECTION 401 OF THE NATIONAL BUILDING COOl! (PO
1096) SHALL BE THE TERM OF REFERENCE:
Occupancy Groups are Classified int o five Categories, Namely:
1. CAT EGO RY Residential - This shall comprise Group A and partly Group B
buildings.
2. CATEGORY II Commercial and Industrial - This shall comprise partly Groups B,
C, E, F. G. H. and I buildings.
3. CATEGORY Ill Social , Educational and Institutional - This shall comprise part ly
Groups C, D. E and H buildings.
4. CATEGORY IV Agri cultural - This shall comprise partly Group J buildings .
5. CATEGORY V Ancillary - This shall comprise partly Group J buildings .

0 ; REGARDLESS OF THE TYPES OF CONSTRUCTION, THE COST OF CONSTRUCTION OF


ANY BUILDING FOR THE PURPOSE OF ASSESSING THE CORRESPONDING PERMIT FEES
AND CERTIFICATE OF OCCUPANCY IS HEREBY FIXED AS FOLLOWS:

Cost/Square meter
GROUP Category Category Category
I, II, Ill IV v
I. Metro Manila and all
First Cla ss Cities. Pl,OOO .OO P500 .00
II. Second Class Cities
and First Class
Municipalities , 800.00 P160.00 P400.00
Ill. All Others p 600 .00 P120.00 P300 .00

E. NO FEES SHALL BE CHARGED ON THE FOLLOWING APPLICATIONS:


1. Construction/additional/renovation/alteration of traditional indigenous family dwelling
units as defined under Section 209 of the Code.
2. Construction/addition/renovation/alteration of public buildings. For purposes of this
Rule the term "PUBLIC BUILDING OR STRUCTURE" refers to any building owned, oc-

59
cupied and operated by regular and/or specialized agencies or offices performing pure-
ly government functions.
3. Construction/ addition/renovation/alteration introduced or undertaken by the National
Housing Authority on government ow ned tenement houses and other housing units
while the ~itle of the lot is still under the name of the government .
4 . Reconstruction of buildings or structures damaged or destroyed by typhoons, fires,
earthquakes or other calamities, provided that t he cost of such reconstruction shall
not exceed twenty percent (20%) of the original construction cost based on the
schedule of rates provided in this Rule and that an application therefor ls filed with the
Building Official together w ith the Certificate of Damage which shall be obtained from
the Office of the Building Official not later than thirty 130) days after the occurrence of
such calamity.
5. Construction of buildings or structures by civic organizations, charitable institutions
to be donated to the government for public use.
6. Construction/addition/renovation/alterat ion/repair of buildings/structures and elec-
trical equipment/installations owned by electric cooperative organized and/or
operating pursuant to PD 269. However, individual household. members of such
cooperatives are not exempted.

V . CERTIFICATIONS:
1. Certified true copy of building permit .................. ..... ........... ....................... 2.00
2. Certified true copy of Certificate of Use/Occupancy .................. ......... •o . . . . . 0 ... 2.00
3. Issuance of Certificate of Damage .... ... .. .... .... ... .. .. ... .... .............................. 2 .00 ·
4. Certified true copy of Certificate of Damage .. .. ..... .. .. .. .. ...... ............. ........... 0 2 .00
5. Certified t rue copy of Electrical Certificate of Damage ......... .. .. .. .... .. .... ....... 2 .00
6. Issuance of Certificate of Gas Meter Inst allation ................... .............. ..... .... 6:00
7. Certified true copy of Certificate of Operation ...... 0 o•• • •••• o•. • o·· ·· o•• •• •. •• •
•• •• •••••• • 0 2.00

G. PAYMENT Of FEES:
All fees mentioned in this Rule shell be paid to the Cashier of the District/City/Municipal
Building Official or to the Municipal Treasurer before the issuance of the building permit .

H. PENALTIES:
1. A surcharge of 100% shall be imposed and collected from any person who shall con-
struct, install, repair, alter or cause any change ·in the use or occupancy of any
building or parts thereof or appurtenances theret o without any permit.
2 . All inspection fees shall be paid within 30 days from the prescribed date; otherwise a
surcharge of 2S% shall be imposed.
3 . Administrative fines, penalties and/or surcharges for various violations of the Code
are prescribed under Sections 8 to 10 of Rule VIII.

RULE IV DISPOSITION OF INCOME FROM FEES AND OTHER


CHARGES:
This Rule is promulgated to define the procedure for the proper reporting 11nd recordrng of
collections and disbursements of the funds of the General Fund Special Account 1 51 of
the office of the Minister, MPW.

60
RULE V- SIGNS
PursuC:lnt to Chapter 20 of the National Building Code lP. D. 10961, the following rules ana
regulations shall govern the design, content, construction, location. installation al"d
maintenance of outdoor billboards. advertising and display signs, streamers. posters and
the like.
A. DEFINITION -·· For purposes of this Rule, the fo'lowing definitions shail apply:
a. SIGN - Any letter, word, numeral, pictor!al presentatror.. f!iustratior.. decoration.
embl~~m. Jevicc. symbol or trademark. flag. banner. or pennant. or an-:. other figure of
similar character that is:
attached to painted on or in any manner represented on a building or structure.
used to announce, direct attention to or advertise. and visible to the public.

b. BUSINESS SIGN - An accessory sign that directs attention to a profession. business.


commodity, service or entertainment conducted. sold or offered in the same place
where the business is located. An identification or on-premise sign.
c. DISPLAY SIGN - Any material. device or structure that is arranged, intended, de-
signed. or used as an advertisement, announcement or directory that includes a sign,
sign screen, billboard or advertising device of any kind.
d. ELECTRICAL SIGN - Any sign which has characters, letters, figures, designs, faces,
backgrounds or outline illuminated by incandescent or fluorescent lamps or luminous
tubes as part of the sign proper. These light sources being either external or internal.
e. GROUND SIGN - A sign resting on the ground.
f. POSTER ·· A fabricated flat surface upon which a message is either posted or
painted.
g. ADVERTISING SIGN - A sign that directs attention to a business, profession, com-
modity, service or entertainment conducted, sold or offered at a place other than where
the business, profession, etc., is located. An off-premise sign.

h. PROJECTING SIGN - A sign fastened to, suspended from or supported on a building


or structure, the display surface of which is perpendicular from the wall surface or is at
an angle therefrom.
i. TEMPORARY SIGN - A sign of cloth or other light and/or combustible material, with
or without frame installed for a .limited period of time.
j. WALL SIGN - A sign painted on, attached or fastened to the surface of the wall or any
part of a building or structure the display surface of which is par-allel to the wall surface.
k. SIGN STAND- Any movable structure on which a sign is mounted or supported.
I. BILLBOARD - A panel for posting bills or posters.
m. DISPLAY SURFACE - The entire area enclosed by the extreme limits or perimeter of a
sign.
n. DISPLAY WINDOW - That portion of a building abutting the sidewalk open to public
view protected by grilles, screens or transparent materials for the display of goods.
o. DISPLAY STAND - Any movable structure, table, showcase, cabinet and the like
where goods or periodicals are displayed.
p. ROOF SIGN - A sign installed on roofs, roof decks or eaves.
q. IMPRINT - A plaque or sticker or lettering to be painted on either the top or the bottom

r. 1
of the poster or sign as a means of identifying the company to whom the structure
belongs and the permit issued therefor.
r. BUILDING LINE - The line formed by the intersection of the surface of the enclosing
wall o f the building and the surface of the ground.
s. ARCADE - Any portion of a building above the first floor project ing over the sidewalk
beyond the first story wall used as protection tor pedestrians.
t. STRUCTURE - That which is built or constructed, an edifice or building of any kind. or
any piece of w ork artifically built up or composed of parts joined together in some
definite manner.
u. CHAMFER - Surface produced by beveling square edge or corner equally on both sides.

B. tiENERAL PROVISIONS:
1 . Signs shall adhere to the Code of Ethics for Advertising and Promotions and to the
rules and regulations of the appropriate agency in charge of the conduct of the
business.
2. Signs shall promot e and uphold the public good especially in historical monuments
and shrines, natural scenic areas. parks, parkways, and their immediate app roaches.
Immediate approaches shall mean a distance not exceeding 50,00Gmeters from the
periphery of said areas.
3 . Signs shall display or convey only messages or visuals that conform t o public decency
and good taste.
4. Signs shall follow standards of design, construction and maintenance in the interest of
public safety, convenience. good viewing and to promote proper urban design or com-
munity architecture .
5. Sign struc tures may be constructed only in area s where zoning regulati ons permit
them and in accordance with t he accepted standards o f design; construct ion and
maintenance.
6. Signs and sign structures shall be constructed in accordance with the provisions of
Section 2003 of the National Building Code . Plans of signs structures exceeding 3.00
meters in height from t he ground shall be signed and sealed by a duly registered Ar-
chitect or Civil Engineer.

7. Signs and sign structures built within highly restrictive fire zones shall be of incom-
bustible materials. No combustible materials other than approved plastic shall be used
in construction of electrical signs.
8 . Signs and sigro structures equipped with electrical devices shall have an electrical wir·
ing plan conforming with the provisions of the Philippine Electrical Code duly signed
by a profession al Elec trical Engineer; Provided . that for installation n ot exceeding 600
volts and 4 kilowatts, a sketch and bill of materials signed and sealed by an Electrical
Engineer or Master Electrician shall be sufficient.
9 . Signs shall be placed in such a manner that no part of it s surface will interfere in any
way with the free use of a doorway, a fire escape, standpipe or other required means
of exits and fire-protect ive devices.
10 . Signs shall be erected in such a manner as not to confuse or obstruct the view or inter-
pretation of any public sign, traffic signal or device, nor obstruct the sight, distract the
attention of motorists, reflect bl!nding light or cause glare to oncoming traffic.
1 1 . Signs which are written in Chinese or any foreign language shall have a corresponding
translation in English or in the local dialect .

( )" ....
)
1 2. The bottom line of all signboards adjacent to each other shall follow a common base
line as determined by the Building Official.
13 . The installation of all kinds of signs shall be such that a harmonious and aesthetic rela-
tionship of all units therein is presented.

C. SPECIFlC PROVtSlONS:
l. ADVERTISING SIGNS
Outdoor adverti sing signs shall be permitted only in commercial or industrial zones as
designated in the Official Zoning Map .
2. BUSIN ESS SIGNS
2.1 Business signs shall have a maximum w idth of 1 .20 meters and a length not ex-
ceeding the frontage of the lot.
2.2 Business signs installed, displayed or erected in the same bJJilding shall
preferably be of identical size and flush against the building facade.
2.3 In highly built -up urban areas, business signs may be allowed within the im-
mediate approaches as det\ned in Section 2. 2.
3 . RO OF SIGNS
3. 1 The design and construction of roof signs shall conform to the provisions of Sec .
2030 of the Nat ional Building Code. However, no sign shall be erected , attach·
ed to, installed or fastened on roof tops of buildings of wooden structures.
3.2 Adequate provisions for grounding metallic parts of roof signs exposed to ligh··
ning shall be provided.
4. GROUND SIGNS
Ground signs shall be subject to the following conditions:
4 . 1 Ground sig ns sha ll not exceed 6 .00 meters in height above the street crown ex-
cept neon signs w hich shall be constructed in conformity w ith accepted
engineering standards.
4 . 2 Ground signs shall be located within the property line and under no cir-
cumstances shall they occupy the street or sidewalk. .,.
4.3 Public government signs erected or installed within the area of the sidewalk shall
be so designed and located that they do not obstruct the easy passage of
pedestrians nor distract the attention of motorists.
4.4 Self-supporting outdoor signs along highways shall be located 10.00 meters
away from the property lines abutting t he road right-of-way
5 . PROJECT ING SIGNS (see pages oJ and 641
The erection of projecting signs shall be subject to the following conditions :
5. 1 On non-arcaded streets or where arcades are proposed. signs shall not extend
more than 1 .20 meters from the wall line or building line. On arcaded streets, the
signs shall not project more than 1 .00 meter from the wall line over the street.
For buildings abutting on streets or alleys without sidewalks or provisions
therefor, the rules for arcaded streets shall apply on projecting signs.
5.2 A clearance of not less than 3.00 meters shall be provided below the lowest part
of su ch signs projecting over sidewalks on buildings without arcades and a
clearance of not less than 5.00 meters shall be provided below the lowest part of
such signs projecting over arcaded streets.
":- 3 The erection of electric neon signboards or other advertisements of similar n atu re
projecting over roadways or public streets, shall be allowed. provided that:
a. Clear distance betweer~ the signboards erected on one building is not less
than 4.00 meters.
b. Signboards on multi-storey buildings shall b~ erected on the same v ertical line
and sh all not overlap each other .
c. T ops of signboards shall not extend over the topmost part of the parap et
or the bottom line of the eaves of the building.
d . Horizontal projections of signboards shall follow Rules 5.1 and 5.2 above.
e. In c ase of two adj acent buildings , adjacent signboard s shall be placed at a
distance of not less than 2.00 meters from the common boundary line .
f. Signboards shall not obstruct any window or emergency exit, not be clo~er
than 1 .00 meter to electric and telephone posts and wires .
g. Vertical clearances shall follow Rule 5.2 above.

4.00 a.oo
(MIN.J I MIN.)

PltONT !LIVATIOM
SECTION,

64
ROAO- RIGHT- OF- WAY

PROJECTING SIGN$--'

CURB LINE

6. WALLS SIGNS
The construction of wall si~ns shall be subiect to the followinq conditions:

EJ.LCTRIC OR 11'·----11
TElE~ fiiQST

SIGN ..-----H---,+--t

6.1 Display signs placed against the exterior surface of bui\dings shan not extend
more than 300 millimeters from the wall with its lowest portion not less than
3.00 meters above the sidewalk.

65
6.2 Sign shall not extend beyond the top and/or sides of any face of the exterior
perimeter wall of the buildtng. Signs when made of combustible materials shall
not exceed 4 .00 squere meter• in area. Those made of Incombustible materials
may be allowed to cover the entire surface of bSank walla only and shalt not be
&flowed to cover or obstruct openings.
·6.3 AJI signs painted or pasted on the exterior surface of bulldinga or 8ti'Uctures may
be considered either as business or advertising signs. ·
6.4 Sign stands or display stands ahall not be placed on the sid•walk pavement.
6.5 Signs shall not be attached to, painted on, installed or displayed on posts or col·
umns of arcades.
6.6 Display windows or wall signs within 3.00 meters above the sidewatk shatt be
flushed or recessed.

7. TEMPORARY SIGNS
7. 1 Alt temporary signs, bills, posters and the like may be instaUed or posted only In
areas or structures all.,wed by pertinent provisions of thi.s Code.
7. 2 Streamers strung over or across any public thoroughfare shall have the
necessary permit therefor from the Building Official. The lowest point of the bot-
tom edge of the streamer shall have a minimum clearance of 4.30 meters above
the pavement.

0 . AOMINJSTRATlVE PROVISIONS:
1 . APPLICATIONS
Any person desiring to display, erect, or maintain any design shall file an application
therefor to ·the Office of the Building Official in a standard form stating among
others, the location of the premises wherein said sign is to displayed, erected or main-
tained, accompanied by the pertinent drawings and/or sketches. The application
shall also Include the location and the site plans, written consent of the owner of the
premises and such other pertinent data as may be required by the Building Official.
2. PERMIT FOR ERECTlON OR INSTALLATlON
No sign of any kind shall be erected, Installed or constructed unless a permit therefor
is obtained from the Building Official.

· 3. EXEMPTIONS
A permit shall not be required for any sign not exceeding 0 .20 square meter of display
surface nor for temporary signs for charitable, religious, and civic purposes duly
authorized . This exemption shall not release .the owner from responsibility for its
design. construction, installation, maintenance and removal.

4 . REMOVAL/ ALTERATIONS
A sign with permit which was erected before the adoption of this Rute but not confor-
ming hereto shall be given a grace period to conform dating from the receipt of notice
as follows :

a) Neon Signs ....... ............ .. .... .. .............. .. , .. .. .. . . .. . .. .. . . .. . .. . .. .. .. . .. . . 1 2 months


b) All others . ·' · ...................................... ............. ......................... e months
After the expiration of the period , such non-conforming signs shall be removed .

66
5. EXISTING SIGNS
a. Existing signs without permit but comforming to the provisions of this Rule shall be
allowed to remain provided the owner obtains a validating permit within 30 days
from receipt of notice from the Building Official.
b. Existing signs without permit and non-conforming to the provisions of this Rult:
shall be altered to conform to this Rule. The owner shall secure the necessary per-
mit not later than 60 days from receipt of notice from the Building Official. In case
of failure t o secure permit within the grace period the sign shall be removed by the
owner. For failure of the owner to remove the sign, the Building Official shall cause
the removal of the sign at the expense of the owner.

6. MAINTENANCE
Signs shall be maintained in a safe and presentable condition. Should a sign become,
in the opinion of the Building Official, unsafe or an eyesore, the permittee shall, upon
notice from the Building Official, immediately restore the sign to a safe and satisfac-
tory condition.
For non-compliance with the notice, the Building Official shall restore the sign at the
expense of the permitee.

7 . lDENTIFICATlON
Signs shall bear the imprint of the permittee.

E. DESIGN:
1. GENERAL.
Signs and sign structures shall be designed and constructed to resist wind and seismic
forces as specified in this Rule. All bracing systt:ms shall be designed and constructed
to transfer lateral forces to the foundations. For signs on buildings, the dead and
lateral loads shall be transmitted through the structural frame of the building to the
ground in such manner as not to overstress any of the elements thereof .
· The overturning moment produced from lateral forces shall in no case exceitd two-
thirds of the dead load resisting moment. Uplift due to overturning shall be adequately
resisted by proper anchorage to the ground or to the structural frame of the building .
The weight of earth superimposed over footings may be used in determining the dead-
load resisting moment. Such earth shall be carefully placed and thoroughly
compacted.

2. WIND LOADS.
Signs and sign structures shall be designed and constructed to resist wind forces as
specified in Chapter 2 of the National Structural Code for Buildings (NSC13).

3. SEISMIC LOADS.
Signs or sign structures shall be designed and constructed to resist seismic forces as
specified in Chapter 2 of the NSCB.

4. COMBINED LOADS. .
Wind and seismic loads need not be combined in the design of signs or sign structure,
only that loading producing the larger stresses need be used.
Vertical design loads, except roof loads, shall be assumed to be acting simultaneously
with the wind or seismic loads.
5. ALLOWABLE STRESSES.
The design of wood , concrete, or steel members shall conform to the requirements of
Chapter 3, 4 and 6, of the NSCB, Loads, both vertical and horizontal , exerted on the
soil shall not produce stresses exceeding those specified in Chapter 7 of the NSCB.
The working stresses of wire rope and its fastening shall not exceed 25 percent of the
ultimate strength of the rope or fastener .

f. CONSTRUCTION
1. GENERAL.
The supports of all signs or sign structures shall be placed in or upon private property
and shall be securely built. constructed, and erected in conformance with the re-
quirements of this Rule.
2. MATERIALS.
Materials of construction for signs and sign structures shall be of the quality and grade
as specified for building in this Rule.
In all signs and sign structures, the materials and details of construction shall , in the
absence of specified requirements, conform with the following:
2.1 Structural steel shall be of such quality as to conform with ASTM A 36. Second-
ary members in contact with or directly supporting the display surface may be
formed of light guage steel, provided such members are designed in accordance
with the specifications of the design of light guage steel as speci'fied in ASTM A
242 and in addition shall be galvanized. Secondary members, when formed in-
tegrally with the display surface, shall be not less than No. 24 guage in thickness
the secondary members shall be No. 1 2 gauge. The minimum thickness of hot-
rolled steel members furnishing structural support for signs ~hall be 6.35 mm.
except that if galvanized. such members shall be not less than 3.18 mm. thick.
Steel pipes shall be of such quality as to conform with ASTM A 36. Steel
members may be connected with one galvanized bolt provided that connection is
adequate to transfer the stresses in the members.
2.2 Anchors and supports, when of wood and embedded in the soil. or within 150
mm. of the soil , shall all be of hardwood of a durable species or shall be
pressure-treated with an approved preservative.

G. ANCHORAGE:
1 . Members supporting unbraced signs shall be so proportioned that the bearing loads
imposed on the soil in either direction. horizontal or vertical, shall not exceed the safe
values. Braced ground signs shall be anchored to resist the specified wind ·or seismic
load acting in any direction. Anchors and supports shall be designed for safe bearing
loads on the soil and for an effective resistance to pull out amounting to a force 2 5
percent greater than the required resistance for overturning.
2. Portable ground signs supported by frame or posts rigidly attached to the base shall
be so proportioned that the weight and size of the base will be adequate to resist the
wind pressure.
3. Signs attached to masonry, concrete, or steel shall be safely and securely fastened
thereto by means of metal anchors, bolts, or approved expansion screws of sufficient
size and anchorage to support the loads applied.

(-)8
4 . No wooden blocks or anchors with wood used in connection with screws or nails shall
be considered proper anchorage, except in the case of signs attached to wood fram-
ing.

RULE VI - ARCADES AND SIDEWALKS


Pursuant to Section 1004 of the National Building Code (PO 10961, arcade shall be
constructed on sidewalks o1 streets whenever required by existing building and zoning
regulations. Subject to existing laws and regula.tions, the local planning authority shall
determine which street shall have an open sitlewalk or an arcaded sidewalk, or a combina-
tion of both, and the width and height thereof, according to the following:

A . WIDTH OF SIDEWALK AND ARCADES


1. Sidewalks shall be of uniform width throughout the entire length of the street. The
width of a sidewall< shall not be less than 1/6 of the road right-of-way .
1. 1 The sidewalk pavement shall have a non-slip surface and shall slope down from
the building line towards the curb line at not more than one in fifty ( 1/50) and
shall level off with the curb.
1.2 Sidewalks of 2.00 meters or more in width shall include on its outer side a plant-
ing strip of not less than 800 millimeters in width, separating the curb from the
sidewalk pavement.

2. All arcades shall be of uniform width throughout the entire length of the street within
the block. or from one street corner to another.

2 . 1 Arcade shall be cantilevered from the building line over the sidewalk, and the
horizontal clearance between the curb line and the outermost face of any part of
the arcade shall not be less than 500 millimeters.

c~~ ~A0!----------~~~~7~~~~,~~7-~
R -IIIGHT•OP'• WI<Y

G.'I. + ®R • t/1 ~ AOAI>-AIGHT· aF- WAY


ROAI)WAY • Ill aF flo.t.D· RIGHT- Of'- WAY
ftG. t

70
2 .2 Combined open and arcaded sidewalks shall be provided with a planting strip of
not less than 800 millimeters in width as a separating strip between the arcaded
portion ·and th e open portion of the sidew alk.

l't.ANTING Sill!*- --+-..


I

B. VERTICAL CLEARANCE OF ARCADES


1 . The vertical clearance of arcade shall be uniform throughout the entire length of t he
street within the block or from one street corner to another.

BLOO . ® 81.0<> (8)

CANTII.l\EMO
ARCADE

2. The minimum vertical clearance of arcades shall be 3 meters and the maximum shall
be 6 meters. !See Fig. 1 l page 72.

C. GRADE OF SIDEWALKS
1 . Sidewalks shall, as much as possible, be level and of uniform grade throughout the
entire length of the street.

71
2. Whenever the slope of the street does not exceed one in twelve t 111 2) the sidewalk
grade shall follow the level or slope of the street.

ILOG. 0 SLOG. (!) ILOG.(sl

~~-~--~--------£~~~~~~~~~--_J-~
or 11.011.

PAD(
1 ___ ,L
1 •MCI. oNifO Gll.t.ot M
1
--- ·-hlrJ~~"f(T v12

3. Whenever the slope of the stre.et is one in ten ( 1/1 0) the sidewalk shall be maintained
level for every 20 to 40 meters of run. Sidewalks of different levels shall be }oined by
ineans of a ramp having a convenient slope not exceeding one in six {1/61

ILOO (e) · ltOII ~)

iloo !'A \
'- .

4 . When the grade of two connecting sidewalks are between one in ten { 1/1 0) and one in
eight ( 1/8) , the two sidewalks shall be joined by means oi a ramp having any con-
venient slope not exceeding_one in ten ( 1/1 0).

~ ')
1-
D. DRIVEWAY . ENTRANCES AND EXITS
1. DRIVEWAY ACROSS SIDEWALKS
1 .1 To maximize the use of the sidewalk area, the surface of the sidewalk and the
drivewayshall as much as possible be at the same plane. The entry ramp of the
driveway connecting the roadway surface to the sidewalk surface shall have a
slope ranging from one in three ( 1/3) to one in iour ( 1/41.
1 .2 Whenever the height of the curb is more than 200 millimeters, driveways may be
constructed across the entire width of the sidewalk, provided that the driveway
shall be joined to the sidewalk by means of a ramp of rough finish having a slope
of not mor e than one in eight ( 1/ 8). The driveway and the ramp shall be made of
th e same materials as that of the sidewalk.

1-- ..:!:ti:=DEWl=:::::LK;:...___ -tle

smE El.E'ATION
CIF DRIVEMY

1/1 SIDE RAMP


V. SlOE RAMP NVfMENT

CNOSS SECTION OF DftiVEWAY

73
1.3 Driveways underneath arcades may be allowed only underneath cantilevered ar-
cades within the road right-of-way or underneath colonaded arcades on private
properties outside the road right-of-way .

SIDEWALK

LIP tUAB JO!Hi


0, ROAOWA.Y 8o
Snt£ETOIJTTER
WRONG : DRIVEWAY HIGHE:R .____ _ _,
THAN SIDEWALK •

WRONO: Df'1VEWAY TOO LOW


'-----t FROM SID£WAt..K

LON81TUDlN.A1. SECTtON Of DRlVEWAY

2. ENTRANCES AND EXITS OF BUILDING ABUTTING SIDEWALKS SHALL BE MADE OF


EITHER RAMPS OR STEPS .
2.1 Entrance or exit ramps shall have a stope not exceeding one in ten (1/10).

74
2.2 Entrance or exit steps shall have treads of not less than 300 millimeters. The
minimum number of steps shall be two (2) with risers not exceeding 100
millimeters.
2.3 No portion of either entrance or exit ramps or steps shall intrude into the sidewalk
pavement.

E. OBSTRUCTION ON SIDEWALKS
Under no circumstances shall obstruction of any kind be allowed on sidewalks, whether
open or arcaded .

RULE VII - ABATEMENT/DEMOLITION OF BUILDINGS


A. GENERAl BUILDING REQUIREMENTS
l, All buiidings or structure as well as accessory facilities thereto shall conform in all
respects to the principles of safe construction and must be suited to the purpose for
which they are designed.
2. Buildings or structures intended to be used for the manufacture and/or production of
any kind of article or product shall observe adeQuate environmental safeguards.
3. Buildings or structures and all parts thereof as well as all facilities found therein shall
be maintained in safe, sanitary and good looking condition.

B. SITE REQUIREMENTS
The land or site upon which will be constructed any building or structure, or any ancillary or
auxiliary facility thereto, shall be sanitary, hygienic and safe. In the case of sites of build-
ings intended for use as human habitation or abode, the same shall be at a sate distance, as
determined by competent authorities, from streams or bodies of water and/or sources of air
considered to be polluted; from a volcano or volcanic site and/ or any other building con-
sidered to be a potential source of fire or explosion.

75
C. DANGEROUS BUILDINGS OR STRUCTURES
Any building or structure which has any or all of the conditions or defects hereinafter
described shall be deemed to be a dan~erous building or structure provided that such condi-
tions or defects exist to the extent that life, health, property or safety of the public or its
occupants are endangered.
1 . STRUCTURAL HAZARDS
1.1 Whenever any building or structure or portion thereof has been damaged by
t ire. earthquake, wind, flood, or by any other cause to such an extent that the
structural strength or stability thereof is materially less than it was before the
catastrophe and is less than the minimum requirements of the National Struc-
tural Code for Buildings for new buildings of similar structure, purpose or loca-
tion.
1. 2 Whenever any portion or member or appurtenance thereof is likely to fall, or to
become detached or dislodged or to collapse and thereby injure persons or
damage property.
1 .3 Whenever any port ion of a building or structure, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength or stability ,
or is not anchored, attached or fastened in place so as to be capable of resisting
a wind pressure of one-half of that specified in the National Structural Code for
Buildings for such type of buildings.
1 .4 Whenever any portion thereof has been wrecked, buckled or settled to such an
extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
1 . 5 Whenever the building or structure, or any portion thereof, because of 11}
dilapidation. deterioration or decay; (2) faulty construction; (3) the removal,
movement or instability of any portion of the ground necess~ry for the purpose
of supporting such building; (4) the deterioration, decay or ·inadequacy of its
foundation; or (5) any other cause, is likely to partially or totally collapse.
1.6 Whenever the exterior walls or other vertical structural members list, lean or
buckles to such an extent that a plumbing passing through the center of gravity
does not fall inside the middle one-third of the base.
1. 7 Whenever the building or structure, exclusive of the foundation, shows 33 per-
cent or more damage or deterioration of its supporting member or members, or
50 percent damage or deterioration of its non-supporting members, enclosing
or outside walls or coverings.
1.8 W henever the building or structure has been so damaged by fire, wind, earth·
quake or flood, or has become so dilapidated or deteriorated as to become 1l an
attractive nuisance to children; 2) a harbor for vagrants, criminals or as to 3)
enable persons to resort thereto for the purpose of committing unlawful or
immoral acts .
1 .9 Whenever any building or structure which, whether or not erected in accor-
dance with all applicable laws or ordinances, has in any non-supporting part,
member or portion less than 66 percent of the ( 1) strength; (21 fire-resisting
qualities or characteristics; or (3) weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like area, height
and occupancy in the same location.
1.10 Whenever any portion of a building or structure remains on a site after the .
demolition of the building or structure or whenever any building or structure or

76
portion thereof is abandoned for a period in excess of twelve I 12 l months so as
to constitute such building or portion thereof an attractive nuisance or hazard to
the public.

2. FIRE HAZARDS
2.1 Any building or portion thereof, device, apparatus, equipment, combustible
material, or vegetation which may cause fire or explosion, or provide a ready fuel
or augment the spread and intensity of fire or explosion arising from any cause.
2.2 All buildings or portions thereof not provided with the required fire-resistive or
fire-protective construction or fire-extinguishing systems or equipment.
2. 3 Whenever any door, aisle, passageway, stairway, or other means of exit is not of
sufficient width or size, or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
2.4 Whenever any building or structure. because of obsolensce, dilapidated condi-
tion, deterioration, damage, inadequate exits, lad. of sufficient fire-resistive con-
struction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the Building Official to be a fire hazard.

3. HAZARDOUS ELECTRICAL WIRING


3.1 All wiring systems or installations which do not conform to the rules and regula-
tions embodied in the Philippine Electrical Code.
3.2 Inadequately maintained or improperly used electrical wiring, outlets, devices
and/or equipment.

4. HAZARDOUS MECHANICAL INSTALLATION


4. 1 Mechanical systems or installations which do not conform to the rules and
regulations embodied in the Mechanical Engineering Code of the Philippines.
4.2 Inadequately maintained or improperly used mechanical outlets, devices and/or
equipment.
4.3 Lack of improper operation of required ventilating equipment or air conditioners

5. INADEQUATE SANITATION AND HEALTH FACILITIES.


5.1 All sanitary and plumbing systems or installations which do not conform to the
rules and regulations embodied in the Code on Sanitation and the National Plum-
bing Code of the Philippines.
5.2 Inadequately maintained or improperly used sanitary and plumbing facilities.
5.3 Infestation of insects, vermin, or rodents and lack of adequate control for the
same.
5.4 lack of adequate garbage and rubbish storage and removal or disposal facilities.
5. 5 Source of pollution.

6. IMPROPER OCCUPANCY AND ARCHITECTURAL EYESORE


6.1 All buildings or portions thereof used or occupied .for purposes other than their
intended uses.
6.2 Inadequate parking space, as required.

77
6.3 tnsufflcient amount of natural light and '!entilation due to inadequate open
spaces such as courts, yards, and setbacks, as required.
6.4 Inadequate sizes of rooms and space dimensions and window openings .
6. 5 Dilapidated, blighted and other upresentable buildings or .structures against
generally accepted aesthetic standards.

7. IMPROPER LOCAliON
7. 1 All buildings or structures or portions thereof which do not conform to the ap-
proved lend use and zoning plan.
7. 2 Buildings located in highly volcanic, earthquake or floodprone areas or sites con-
sidered to be extr4!!mely dangerous.

8. ILLEGAL CONSTRUCTION
A building or structure shall be deemed to be an illegal construction when it is con-
structed, existing or is maintained in violation of any specific requirements or prohibi-
tion applicable to such building or structure as provided in the National Building Code;
the building rules and regulations or in any law or ordinance of the city or municipality
relating to the condition and location of the structure and building therein.

0. ABATEMENT OF DANGEROUS BUILDINGS


Pursuant to Section 215 of the NBC; when a building or structure is found or declared by
the Building Official to be a nuisance, is dangerous or ruinous, the Building Official shall order its
repair' vacation or demolition depending upon the degree of danger to life, 'heah"h safety
and/or well-being of the general public and its occupants.

F. PROCEDURE FOR DEMOLITION OF BUILO&NGS


The following steps shall be observed in the abatement/demolition of buildings under this
Rule:
1 . There must be a finding or declaration by the Building Official ·that the building or
structure is a nuisance, ruinous or dangerous.
2. Written notice or advice shall be served upon the owner and occupants-Is of such find-
ing or declaration, giving him at least fifteen ( 1 5) days within which to vacate or cause
to be vacated, repair, renovate, demolish and remove as the case may be, the
nuisance, ruinous or dangerous building or structure or any part or portion thereof.
3. Within the fifteen-day period the owner may, if he so desires, appeal to the Secretary
the finding or declaration of the Building Official and ask that a re-inspection of the
building or structure be made.
4, If the appeal is meritortous the Secretary may designate a competent representative /s
other than the Building Official to undertake the re-inspection or re-investigation of the
building. The representative/& so designated aliall make or complete his/their report
within a period of thirty days from the date of termination or re-inspection or re-
investigation.
5. If after re-inspection, the finding is the same as the original one, the Secretary thru the
Building Official shall notify the owner, giving him not more than 1 5 days from receipt
of notice with affirmed finding to vacate or cause to be vacated and make the
necessary repair, renovation , demolition and removal of the subject building or parts
thereof, as the case may be.

78
5.1 If the Building Official has determined that the building or structure must be
repaired or renovated the Order to be issued shall require that all necessary per-
mits therefore be secured and the work physically commenced within 1 5 days
from the date of receipt of the Order and completed within such reasonable time
as may be determined by the Building Official.
5.2 If the Building Official has determined that the building or structure must be
demolished , t he Order shall require that the building be vacated with.i n 1 5 days
from the date of receipt of the Order; that all required permits be secured therefor
within the same 1 5 days from the date of the Order, and that the demolition be
completed within such reasonable t ime as may be determined by the Building Of-
ficial.

6 . The decision of the Secretary on the appeal shall be finaL


7. Upon failure of the owner to comply with the Order of the Building Official or of the
Secretary, in case of appeal, to repair, renovate, demolish and remove the building or
any part thereof after fifteen days from the date of receipt of the Order, the Building
Official shall cause the building or structure t o be repaired, renovated , demolished and
removed, partly or wholly, as the case may be, with all expenses therefor chargeable
to the owner.

8. The building as repaired or in case of demolition, the building materials gathered after
the demolition of t he building shall be held by t he Office of the Building Ofi icial until
full reimbursement of the cost of repair, renovation, demolition and removal is made
by the owner which , in no case, shall extend beyond thirty (30) days from the date ct
the completion of the repair, renovation , demolition and removal. After such period,
said building materials of the building thus repaired or removed shall be sold at pubilc
auction to satisfy the claim of the Office of the Building Otf~ciai. Any amount in excess
of the claim of the government realized from the sale of the building materials shall be
delivered to the owner.

F. OTHER REMEO.ES
The procedures, actions and remedies provided herein are without prejudice to further ac-
tion that may be taken by the Official against the owner/occupants of buildings or struc-
tures found or declared to be nuissance/s, dangerous, and/or ruinous under the provisions
of Articles 482 and 694 to 707 of the Civil Code of the Philippines.

RULE VIII - ADMINISTRATIVE SANCTIONS AND PROCEDURES

Pursuant to the authority vested in the Secretary, now Minister of Public Works under the
provisions of Section 211 and 212 of the National Bu ilding Code of the Philippines {P.O.
1 096), rules and regulations are hereby promulgated to govern the conduct of cases in-
volving the implementation of the Code as well as the enforcement of orders, rules and
regulations issued in relation thereto and the imposition of administrative penalties for
vio!Jltions thereof.

79
RULE IX - ELECTRICAL REGULATIONS - please refer to
Utilities 2

RULE X MECHANICAL REGULATIONS - please refer to


Utilities 2

RULE XI - ACCESS STREETS/ROADS AND ALLEYS


Pursuant to Section 704 of the National Building Code (P.O. 1 096), no building shall be
constructed unless it adjoins or has direct access to a public space, yard or street on at least
one of its sides. All buildings shall fece a public street, alley or a private road which has
been duly approved by the proper authorities.
Said access streets, alleys or roads shall have t he following widths:
1 . Interior or rear lots shall have an access road with a minimum width depending upon
the number ot ..buildings or units -wr1icn it serves ·subject to approval ot the local plan-
ning authority, provided, however, that said access street or road shall not be less than
three meters (3.00M) in w1dtn. · ···· · · ··

2. Multiple Living Units on Same lot on which apartments, rowhouse or accessorias or a


group of single-detached buildings are built shall be provided , w ith an access road
directly connecting said buildings or units to a public street or alley toUowing the
schedule below •

.----RlAR OKN IPAC£


IMOIP£NO£NT UVIMI UNITS
WITH ltDIVIOUAL E.NTRANCU

NOTE: WHEN NUMitR Of INDEPENO!NT LIY...


UNITS WITH INDIVIDUAL ENTRANCU tl INCR!MID
AS IN MUL Tt·STORY APARTMENTS, THE WIDTM
OF THE ACCESS ftOAO SHALL If. INCUAKO COR•
R£SPONDIN8LY AS PER SCHEDULE. PARICINI
SPACE SHALL II PROVIDED EXCLUSIVE Of ACC£88
ROAD REOUtREMUT .

4 ' - i - - - S.OO MTS. WIOE IIIINIMUM


ACCUS ROAD FOR SIX (I)
UNITS

• T
" E E T

80
S..OO IItTS. WtDE MIN.
ACCESS ROAO
NOINT liVING UNITS
DWmUAL ENTRANCES

P U 8 L c 8 T R E £ T

ALL ""IVATI ROADI Ott ACCIII TO •TUIOII I.OT*, IMALL II: ACC!IItll.a
TO ITRUT .Oil f'UILIC lf'ACl OR YARO AND IUQt SMALL COM'OttM TO T._ f'GL-
\.OWIQ P"OVISIOMI AI TO YAROS AND OIRMle*l.

18.SO M.

ITRliT

CUL· DE-lAC TURN COURT

81
ITRIIT
............ iC
I
e
TURN COURT
•8
g
"'

Uf' TO I s.oo txi:WT£0


?•It 4.00 .110 EACHliD£
lt-H 1 .00 1.20 ~

H·litl 1.00 1.20 UQtiiOt

••• '1'.80 I. to tACHIU IIOTI : W•&RI I.I. .TM Of' llUII


II 100.00 MTS. A CU..• DI-Me
CMt TUittl COURT IHALL. HIO -
VIDCO , _ IACN lloUIMUII . . ..

a} Up to six {6) units ....... 0 •• • ••••• 0 . . . . . 0 •••• • • 0 .............. 0 •• 0 . . 0 ••••• 0 .. o. 0 0.. 3 .00 Mowide
b) Seven (7) up to fifteen
11 5} units .. ... ........................ ooOooo• o...
o .. .... ... ...... .. .... .. ... ......... 4 o00 M. wide
c) Sixteen 11 6) up to twentv·five
(26} units ............ ..... ........... ......... 00.. .... .. ... ... .... ... .... .. ..... ... .. 5.00 M. wide
d) Twenty-six {26) up to t hirty-five
(36) units .................... .... ... o........... ..... ......... ... ooo ••··· .. .. 0 ••••• ••• 6.00 M . wide ·
e) More than thirt y-five
(35) units .• o.... : ......
0 0 0 0 ............. 0 .... .... .. .. .. . ...... .... .. 0 .. 0 ..... 0 0 ..... . 7.50 Mo wide
Privately-owned access roads shall be duly registered and annotated in the lot title as such
for as long as the said apartments, rowhouses. et c., exist.
All kinds of subdivision and residential condominiums shall comply with the rules and
regulations on access roads promulgated by the National Housing Authority (NHAI.

RULE XII - CEMETERIES AND MEMORIAL PARKS


Pursuant t o Section 102 and 203 of t he National Building Code (PO 1096), for the protec·
tion of buyers or leases of lots in cemeteries and memorial parks as w ell as the
owners/operators of concrete or memorial parks, the rules shall govern the establishment
of cemeteries and m emorial parks .

RULE XIII - HANDLING AND STORAGE OF PHOTOGRAPHIC


AND X-RAY FILMS

82
RULE XIV - OCCUPANT LOADS .
Pursuant to Section 1207 of the National Building Code, tPD 1096}, the following rules and
regulations shall govern the determination of occupant loads. For purposes of this Rule. the
term Occupant Load shall mean the total number of persons that may occupy a building or a
portion thereof at any one time .
1 . DETERMINATION OF OCCUPANT LOAD - The occupant load in. any building or por-
. tfon thereof for the purpose of resolvinq the required n-umber of eXIts shall be determir
ed by dividing the floor area assigned to that ·use· by the· unit area per occupant set
forth in Table A.
1 . 1 When the unit area per occupant for any particular occupancy is not provided for
in the Table, Building Official shall determine the same based on the unit area for
the occupancy which it most neany resembres .
1 .2 The occupant load of any area having f ixed seats shall be determined by the
number of fixed seats installed. Aisles serving the fixed seats in said area shall
not be included in determining the occupant load.
1 . 3 the occupant load permitted in a building or portion thereof may be increased
above that specified in the Table if the necessary exits are provided .
1 .4 In determining the occupant load, all. portions of a building shall be measured to
be occupied at the same time.
1.4 . 1 EXCEPTION - Accessory use area which ordinarily are used only by per-
sons '¥Y"ho occupy the main areas of an occupancy shall be provided with
exits as though they were completely occupied. However. in computing
the maximum allowable occupant load for the floor/building, the occu-
pant load of the accessory area /s shalt be disregarded .

Table A: General Requ"ements for Oceupant Loads and Exits•

UNIT AREA Minimum of Two Exits other


PER than elevators are required
USE OR OCCUPANCY OCCUPANT where number of occupants
(Sq. M.l is over.

A. Dwellings 28 10
B. Hotels 18.6 10
Apartments 18.6 10
Dorm itories 18 .6 10
c. Classrooms 1.8 50
Conference Rooms 1.4 50
Exhibit Rooms 1.4 50
Gymnasia 1.4 50
School Shops 4.6 50
Vocational Institutions 4 .6 50
Laboratories 4 .6 50
D. Hospitals* •, Sanitaria* • 8.4 5
Nursing Homes• • 7.4 5
Children's Homes• • 7.4 5
Homes for the Aged 7.4 5
Nurseries for Children 3.25 6
E. Stores - Retail Sales Rooms

83
Basement 2.8 50
G(ound Floor 2.8 50
Upper Floors 5.6 10
Offices 9 .3 30
Aircraft hangars (no repair) 46 .5 10
Parking Garages 18.6 30
Dining Establishments 1.4 30
. Kitchens (Commercial) 18.6 50
F. Warehouses 28 30
Mechanical Equipment Rooms 28 30
G. Garages 9.3 10
H. Auditoriums .65 50
Theaters .65 50
Churches & Chapels .65 50
Dance Floors .65 50
Reviewing Stands .65 50
Stadia .65 50

NOTE:
* In all occupancies, floors above the first story having an occupant load of more than
ten (10) shall not have less than two (2) exits.
* * Institutional Sleeping Department shall be based on one occupant per eleven ( 11 l sq.
meters of. the gross floor area: Inpatient Institutional Treatment Departments shall be
based on one occupant per twenty-two {22~ square meters of gross floor area.

RULE XV - PROTECTION AND SAFETY REQUIREMENTS FOR


CONSTRUCTION AND DEMOLITION
Pursuant to Section 1101 to 1108 of the National Building Code (Pd 1096}, the followihg
rules and regulations shall provide minimum standards of safety and protection for con-
struction and/or demolition of buildings/structures. The provisions of this Rule shall apply
to all work in connection with the construction and/or demolition of buildings/structures.
The provisions of this Rule shall apply to all work in connection w ith the construction, altera-
tion, repair, renovation, removal and demolition of buildings/structures.
1. GENERAL
1.1 The construction, erection, alteration and removal of scaffolds and the applica-
tion, installation and setting up of safeguards and equipment devices shall be
done by skilled workmen under the supervision of a person qualified by ex-
perience or training for such work.
1 .2 A safeguard, device or piece of equipment which is unsafe shall be reported to
the superintendent or foreman who shall take immediate steps or remedy such
condition or remove such safeguard, device or equipment.
1 .3 Scaffolds, ladders, stairs, fuel gas tanks and other devices or equipment falling
within the scope of this Rule shall be maintained in a good, safe and usable con-
dition as long as in use.
1 .4 No scaffolds, 'adders, railings or other devices or equipment or any part thereof
required by this Rule shall be removed, altered or weakened when required by
the work unless so ordered by the superintendent or foreman in charge.

84
1.5 Scaffolds, temporary floors, ramps, stairway landings, stair treads, and all
other walkway surfaces shall be kept free from protruding nails and splinters.
They shall be kept free from unnecessary obstructions so that the workers may
move about safely.
1 .6 Prot ruding nails and tie wire ends shall be removed, hammered , hammered in or
bent in a safe condition.
1 . 7 Electric lines, moving ropes and cable gears, or similar hazards with which a
worker might come in contact shall be encased or protected .
1 .8 No person, firm or corporation, either personally or through an employee or
agent of another, shall operate or move any machinery, equipment, material,
scaffolds, or materials in process or assembly closer than 5 .00 meters to any
energized high voltage overhead electrical facilities except with the approval of
the electrical inspector.
1 .9 All workmen on any demolition job shall be furnished with and be required to
wear industrial safety helmets.
1 . 1 0 Construction sheds and tool boxes shall be so located as to protect workers
from dangerous falling walls and other falling objects.
1 . 11 The Building Official may permit the use of alternative methods and/or devices
depending on local conditions provided that the minimum ~tandard of safety
sought to be achieved under this Rule is not jeopardized.

2. Protective methods/Devices shall be provided in accordance w ith the conditions


hereunder :
2 .1 Table 1

Height of Construction Distance trom Cons- Protection Required


truction

2 .40 meters or less Less than 1 . 80 meters Railing


1 .80 meters or more None

Less than 1 . 80 meters Fence and Canopy

More than 2.40 meters 1 . 80 meters or more


but not more than one- Fence and Canopy
fourth the height of
construction

1 .80 meters or more but


exceeding one-half the
construction height none

2 .2 Fence
a. When the horizontal distance between the outermost face of the building
and the inner edge of the sidewalk is more than one-half the height of t he
building, only a fence shall be required.
b. Fences shall entirely enclose the construction/ demolition site.
c . . Fences shall be built solid for its full length except for such openings as may
be necessary for proper execution of the work. Such openings-shall be pro-
vided with doors which shall be kept closed at all times when in actual use.

85
OUTER-MOST FACE
OF IUII..DING

FENCE

R 0 AOWAV

X s
WHEN: X> t ONLY A FENCE IS REQUIRED

d. Fences shall be erected on the building side of sidewalks or walkways and


shall be made of approved materials (e.g. G.l. sheet, wooden boards and/or
planks, plywood or " Lawanit", sawali) not less than 2.40 meters in height
above the curb line.

2.3 Canopy
a. When the horizontal distance between the outermost face of the building
and the inner edge of the sidewalk is equal to or less than one-half the height
of the building, a canopy shall be required in additionto a fence.

OUTER- MOST FACE


OF 8UILOING

X s
WHEN: x<2 FENCE ANO CANOPY ARE REQUIRED

b. The protective canopy shall have a clear unobstructed height of 2 .4


meters above the walkway and shall be made of sufficient strength ar
stabmty to sustain safely the weight of materials that may be placE
thereon, and to withstand shocks incident to the handling of such prepar;
tion for use, and accidental jars from trucks passing or delivering material:

86
c. When the canopy is used for the storage of materials or for the performance
of work of any kind, substantial railing not less than 300 millimeters high
shall be placed along the street side and ends of the canopy. The canopy
shall be capable of safety sustaining a load of 800 kg. per sq. m. or the in-
tended load to be placed thereon, whichever is bigger.
d. The deck flooring of a canopy shall consist of planking not less than 50
millimeters in thickness, closely laid. All members of the canopy shall be
adequately braced and connected to resist displacement of members or
distortion of the framework.
e. Canopies shall be constructed solid for its entire length except -for such
openings as may be necessary for loading purposes. Such openings shall be
kept closed at all times except during actual loading operation.
f. Unless the top deck of the canopy is built solidly against the face of the
building/structure to be constructed or demolished, the vertical face of the
canopy supports next to the building shall be solidly fenced throughout in
accordance with Section 2.2 of this rule, except for such openings as may
be necessary for the execution of work. Such openings shall be provided
with sliding or swinging gates which shall be kept closed at all times except
when in actual use.
g. The street side of the canopy shall be kept open for a height of not less than
2.40 meters above the curb . The underside of the canopy shall be properly
lighted at night with not less than one 1 00-watt bulb every 6.00 meters of
its length and at each change of grade or elevation of sidewalk surface.

//////./~ ·~--ALTEitNATt POSITION Of'


CANOI"Y ....0 MiliCI

~eu.c£, if OIIW

. . .,...L_
A~- CANOPY 8U11.T
SOLIDLY AGAI ,.-r
MCE CF IUil.DNI

llOADWAY

87
1/
I I
l-h'11'77'.~7/
I

AlTERNATE
.POSITION OF
PROTECTIVE
I/;I I

NET~

I I
I
I I
I
I
I
I

FUlL OCCUPANCY ~RTIAL OCCUPANCY


OF StOEWALK
OF SIDEWALK

!MACE, if Oily

.-'-+--c ANOf''t'BUILT
SOUOLY .IGAlNIST
fACE~~

IUP PORT 01" CAIIOftY


(..o *c. nor wolllway
•equl<•dl

FIG 4 11~--s-----t~!-
,
H
h. Where a wall of the building abuts or fronts a street, fans or catch platforms
shall be erected along that w all at the level of the first floor of the building
above the street level. Fans or catch platforms shall be erected at the level of
other floors of the building as may b e necessary to prevent nuisance from
dust or danger from falling debris or materials.

2 .4 Protective Net/Screens
a. When the horizontal distance between the outermost face of the building
and the outer edge of the sidewalk is less than one-half the height of the .
building. a protective net extending from the uppermost part of the con-
struction!demolition to ground level shall be required in addition to a f ence
and canopy.
b. Wherever required, protective netting/covering shall be of approved and
substantially strong material such as G._l. wire gauge 16.38 millimeter mesh
nylon net, canvass.

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c. Where a wall of the building abuts or fronts a street, dust screens shall be
erected to cover the entire wall so as to prevent nuisance from dust.

2. 5 Walkways and Railings

a. Where the sidewalk is permitted by the Building Official to be fully occupied


and fenced-off or enclosed, a temporary walkway adjacent to the curb line
shall be required ..Where the street has no sidewalk, a temporary w alkway
adjacent to the street line not more than 1. 20 meters wide shall be provid-
ed. Where the road right·of-way is 5.00 meters or less, no temporary
walkway shall be allowed.
b. The width of the walkway shall be not \.ess than 1 . 20 meters but not more
than one-third (1 / 3) the width of the sidewalk.
Where only partial occupancy and fencing-off of the sidewalk is necessary,
·a temporary walkway will not be required provided that a width of at least
1.20 meters of the sidewalk is left open for the use of pedestrians.
c. Walkways shall be. capable of supporting a uniform live load of 650 kg. per
sq. m. A durable wearing surface shall be provided and maintained along the
entire length of the walkway throughout the duration of the construc-
tion/demolition period.
d . Where the walkway occupies part of the road wey protective railings on the
street side shall be required.
e. Where the walkway is adjacent to an excavation, protective railings on thf
excavation side shall be required.
f. Railings, where required, shall be built substantially strong and sturdy and
shall be not less than 1 .00 meter in height.

2. 6 Warning Signs and Lights


a. At every construction/demolition site, warning signs shall be conspicuously
. posted around the property. Warning signs shall be adequately illuminated
at night for the protection of unwary pedestrians .
b. All entrances/exits to and from the construction/ demolition site shall be
kept closed at all times except during actual passage of men, materials or
equipment. Red warning lights shall be installed at all entrances/exits which
shall be. kept lighted at night and during periods of unusual darkness .
c. All warning signs and lights shall be properly maintained even when opera-
tions are not in progress.
d. All areas of danger in demolition operations shall be property enclosed and
danger signs posted. Watchmen shall be provided to warn workers of im-
pending dangers and all unauthorized persons shall be excluded from places
where demolition is in progress .

3. PRECAUTIONARY MEASURES
3.1 Excavations and Trenches
a. Before undertaking excavation work, drilling or otherwise disturbing the
ground, the person doing the work, or causing such contract all public
utilities to determine the possible location of underground facilities, to avoid
hazard to public safety, health and welfare caused by the inadvertent
disruption of such facifities.
b . The sides of every excavation in connection with construction operations,
including trenches for pipes or any other purpose, shall be sheet-piled brac-
ed or shored when necessary to prevent the soil from caving in on persons
engaged in work within the excavation.
c. Every trench, 1.50.meters or more in depth, shall be provided with suitable
means of exit or escape at least every 7. 50 meters of its length.

90
d. Where workers are employed adjacent to an excavation on work other than
that directly connected with the excavation, substantial railings or fences
shall be provided to prevent such workers from falling into the excavation.

3.2 Excavation and Fills


a. Excavation or fills for building or structures shall be so constructed or pro-
tected that they do not endanger life or property.
b. Cut slopes for permanent excavations shall not be steeper than 2 horizontal
to 1 vertical unless substantiating data justifying steeper slopes are submit-
ted. Deviation from the foregoing limitations for slopes shall be permitt-ed
only upon the presentation of a soil investigation report acceptable to the
Building Official.
c . No fill or other surcharge loads shall be placed adjacent to any building or
structure unless such building or structure is capable of withstanding the
additi·ona\ loads caused by the fill or surcharge.
d. Existing footings or foundations which may be affected by any excavation
shall be under pinned adeQuately , or otherwise protected against settle-
ment, and shall be protected against lateraf movement.
e. . Fills to be used to the foundations of any building or structure shall be plac·
ed in accordance with accepted engineering practice. A soil investigation
report and a report of satisfactory placement of fill, both acceptable to the
Building Official shall be submitted.
f. Any person making or causing an excavation below grade immediately ad-
.joining another property shall protect the excavation so that the soil of ad-
joining property will not cave-in or settle. Before commencing the excava·
tion, the person making or causing the excavation to be made shall notify in
.writing the owners of adjoining buildings not less than 1 0 days before such
excavation is to be made.

· 3.3 Storage of Materials


a. Materials to be stored at or near construction sites shall be piled or stacked
in an orderly m anner to avoid toppling over or being otherwise displaced. No
materials shall be piled or stacked higher than 1 .80 meters, except in yards
or sheds intended especially for storage. When piles exceed 1.20 meters in
height, the material shall be so arranged that the sides and ends of the piles
taper back.
b. The placing of construction materials in a building/structure during con-
struction operations shall be done with the consideration of the effect of
such loads on the structural members and such loads shall, in general, be
placed as near as possible to the points of support of the structural
members. Such loading shall not cause stresses in any structural member
b~yond the design stresses .

.c. Waste materials or rubbish resulting from construction operations shall be


removed as rapidly as possible and shall not be allowed to accumulate on
the premises or adjacent thereto.
d. Storage of combustible materials shall not be allowed in any part of a
buifding under construction untit fire proofing of that pert of the building has
been installed. Storage of combustible materials shall not be permitted
under or near welding operations.

91
e. In every building of reinforced concrete construction, forms of combustible
materials shall be stripped from the concrete and removed from the building
as soon as practicable. No part of the building shall be used for the storage
of combustible materials until such forms have been removed in the part of
the building.
f. Storage of materials on stairs or in stairways or adjacent to stair openings
shall not be permitted.
g. Open fires for the purposes of disposing of waste materials, the heating of
roofing or other materials or for any other purpose whatsoever shall not be
allowed except with the permisssion of the Chief pf the local Fire Service.
In Fire Zones of Types 1, 11 and 111 construction, only heaters with
enclosed flames shall be used for the heating of any roofing or other similar
materials. Wherever any enclosed flame heaters or open fires are used,
there shall be a workman in constant attendance, whose duty shall be to
have such heater or fire under proper control at all times.

3 .4 Fire Protection
a. In a building in which standpipes are required, such standpipes shall be in-
stalled as the construction progresses in such a manner that they are always
ready for Fire Department use, to the topmost constructed floor. Such
standpipes shall be provided with a Fire Department connection on the out-
side of the building at the street level and with one ( 1) outlet at each floor.
b. In every construction operation wherever a tool house, storeroom or other
shanty is built or a room or space is used for storage, dressing room or
workshop, at least one (1 l approved handpump, tank or portable chemical
or dry powder fire extinguisher shall be provided and maintained in an
accessible location.
c. During construction operation, free access from the street to fire hydrants
and to outside connection for standpipes, sprinklers or other fire ex-
tinguishing equipment, whether permanent or temporary shall be provided
and maintained at all times. No material or construction equipment shall be
placed within 3.00 meters of such hydrant or connection, nor between and
the center line of the street.

3.5 Sanitation and first aid


a. Adequate toilet facilities, maintained in a clean, sanitary condition, shall be
provided at the construction/demolition site for the use of the workers.
b. An adequate supply of pure, cool drinking water shall be provided for
workers during hours of work, and adequate sanitary washing facilities shall
be provided for workers within reasonable access.
c. At every construction/demolition operation, arrangements shall be made for
prompt medi~al attention in case of accident. An ample supply of first aid
medicine (e.g. iodine, mercurochrome, absorbent cotton , aseptic gauze
bandages) shall be provided and maintained .in a clean sanitary cabinet,
which shall be available at all times under the direction of the superintendent
or a person designated by him.
Unless competent medical attention is quickly available, where more than
200 workers are employed, a properly equipped first-aid room shall be pro-
vided, and a physician or competent nurse shall be in constant attendance.

92
3.6 Temporary Light and Power
a. All parts of buildings/structures under construction/demolition, and all
sheds, scaffolds. canopied walkways. work or storage areas, and equip-
ment used in connection with such operations shall have sufficient light to
insure safety and protection of life an9 property. In passageways, stairways
and corridors the·average light intensity measured at floor level shall be not
less than 2 foot candles.
b. At locations where tools and/or machinery are used, the average light inten-
sity measure at flooc level shall be not less than 5 foot candles. Natural or ar-
tificial illumination shall be provided in such a manner that glare-and
shadows will not adversely affect the protection of workers and property.
c. Temporary wiring for light, heat and/or power shall be adequately protected
against mechanical or over-current failures. All conductive materials enclos-
ing fixed or portable electric equipment, or forming a part of such equipment
shall be properly grounded.
d. Temporary electric service poles shall be self-supporting or adequately
braced or guyed at all times.

3. 7 Welding and Cutting


a. Gas welding and cutting and arc welding in construction/demolition opera-
tions shall be restricted to experienced workers to the NYMC. Suitable gog-
gles or helmets and gloves shall be provided for and worn by workers en-
gaged in gas welding or cutting or arc welding. Incombustible shields shall
be provided to protect the worker when exposed to falling hot metal oxide.
b. Gas welding or cutting shall not be carried out in any place where ample
ventilation is not provided, or from which quick escape is difficult. When
unavoidable. workers engaged in such work in confined spaces shall be
allowed frequent access to fresh air. a relief worker shall be stationed close
at hand to assist the worker in case of accident and to shut off the gases.
c. Gas welding or cutting or arc welding shall not be done above other
workers. When unavoidable, an incombustible shield shall be provided be-
tween the work and the workers below. A watchman shall be stationed to
give warning at places where workers, in the course of their activity, are
likely to pass under a gas welding or cutting or an arc welding operation.
d. Tanks of fuel gas shall not be moved or allowed to stand for any extended
period when not in use unless the caps of such tanks are in place. Suitable
cradles shall be used for lifting or lowering oxygen or fuel tanks, to reduce to
a minimum the possibility of dropping tanks. Ordinary rope slings shall not
be used.
e. Tanks supplying gases for welding or cutting shall be located at no greater
distance from the work than is necessary for safety. Such tanks shall be
securely fastened in place and in an upright position. They shall be stored or
set in place for use so that they are not exposed to the direct rays of the sun
or to high temperature.
f. Before steel beams or other structural shapes or elements of construction
are cut by means of a gas flame they shall be secured by cables or chains to
prevent dropping or swinging.
g. Where, in the course of demolition work, steel work or ironwork is being

93
cut, released or dismantled, all necessary precaution shall be taken to pre-
vent danger from sudden twist, spring or collapse.

3 .8 Special Typhoon Precautions


a. Whenever a typhoon is expected to pass at or near the construction site, all
construction materials or equipment shall be secured against displacement
by wind forces. Construction sheds, construction materials and equipment
shall be secured by guying, shoring, or by tying down.
b. Where a fuJI complement of personnel is employed or engaged for such pro-
tection purposes, normal construction activity or uses of materials or equip-
ment may continue, allowing such reasonable time as may be necessary to
secure materials or equipment before winds of gale force are anticipated , in
accordance with warnings or advisories issued by the PAGASA.

4. EQUIPMENT, TEMPORARY STRUCTURES AND DEVICES:


4.1 Hoisting Machinery
a. In addit ion to the requirements of Sec. 4 of Rule X, every hoisting engine
·shall be provided with adequate brakes capable of holding the maximum
load at any point of travel.
b. Hoisting machinery shall be enclosed to exclude unauthorized persons. If
placed outside the building, further protection against falling objects shall be
provided.
Guards shall be provided for exposed gears and other moving parts and
around hoisting cables at all points to prevent workers from tripping or get-
ting their clothing caught .
c. Ample room shall be provided around hoisting engines. motors or other
machinery or apparatus to allow the free and safe movement of the
operators.
d . When hoisting machinery is set on an elevated platform, such platform shall
be of substantial and sturdy construction. Guard rails and toe boards shall
be provided along all open sides of such platforms.
e. Electrical machinery and equipment to be used for construction work shall
be instalfed and operated in accordance with the Philippine Electrical Code .
f . Steam boilers used in construction work shall be installed, equipped and
maintained in accordance with the Philippine Mechanical Engineering Code.
g. A tag or guide rope shall be used on all loads being hoisted or lowered.

4.2 Platform Hoists


a. Platform hoists for the handling of materials in buildings under construction
shall have the car substantially c.o nstructed and provided with covers, either
solid or wire mesh . Sections of the cover may be arranged to swing upward
for the handling of bulky materials. If suitable overhead protection is pro-
vided the covers may be omitted.
b. Hoists shall be equipped with a broken-rope safety device.
c. Where wheelbarrows or buggies are used for handling material on platform
hoists, cleats shall be nailed to the platform to fix the proper position so that
handles shall not project beyond platform edges.

94
d. Supports for the overhead sheave of the hoist shall be designed to carry two
times the weight of the hoist and its maximum load.

4.3 Hoist Towers


a. Hoist towers erected in connection with construction work shall be substan-
tially constructed. All members shall be so proportioned that the stresses
shall r.ot exceed those specified for the material when carrying the dead
load of the tower plus two times the weight of the platform or bucker or its
maximum load .
b . Every hoist to~er shall rest on a sufficiently solid foundation to prevent in-
jurious settlement or distortion of its framework.
c. The base of every hoist tower shall be screened or otherwise protected on
all sides to a height of not less than 1 .80 meters.
d. Every hoist tower shall be secured in not less than four directions against
swaying or tipping, at intervals of not more than 9.75 meters in its height,
by steel cable guys adequately anchored or by other satisfactory means.
Such towers which are constructed adjacent to buildings shall be secured to
the building frame at each floor as the construction progresses.
e. Hoist towers erected within the building, but not occupying the entire
opening through which they pass , shall be completely enclosed on all sides
to the height to which material is to be loaded or uni"Oaded.
f. Landing platforms in hoist towers or platforms connecting a hoist tower to a
building or other structure shall be provided with guard rails and toe boards.

4.4 Derricks and Cranes


a. Derricks shall be so designed and assembled that no part shall be stressed
beyond the safe working stress for the material under its maximum rated
load in any possible position. Such maximum load shall be conspicuously
posted on each derrick.
b. The foot-block of every derrick shall be firmly secured against motion in any
direction.
c. Guy derrick shall have the top of the mast held by not less than six (6) steel
guy cables secured by firm anchorages and so placed that the angle of the
guy with the mast shall be as large as possible.
d. The moving parts of derricks and cranes shall be kept well lubricated. Atl
parts shall be inspected at least every other day.
e. Use and operation of cranes shall be in accordance with Section 3 of Rule X.
f. In the operation of cranes, and similar devices a standard signal system
shall be used and all men assigned to the operation of such equipment shall
be fully instructed on the signals.

4.5 Cables. Ropes, Chains and Blocks


a. All ropes and cables used in connection with scaffolds, derricks and
. hoisting apparatus shall be tested before being put to use at least oncE-
every 30 days while in use, to insure their safety and suitability for the pur-
pose . Any rope or cable found to be unsafe or unfit shall not be used.

95
b. Cables, ropes. chains and blocks shall be of such size that the maximum
load supported by them will not exceed one sixth ( 1/6) of their breaking
strength . Blocks designed for use with abaca ropes shall not be used for
steel cables. Blocks used at or near floors or in other exposed places to
change the direction of cables shall be enclosed or otherwise effectively
guarded. ·
c. Chains shall not be used for slings, bridles or other similar purposes, but
shall be restricted to only such purposes, as a straight pull.
d . Hooks shall not be used for hoisting buckets, cages or skips.

4.6 Ladders and Temporary Stairway


a. Except where either perman ent or temporary stairway or runways are re·
quired, ladders shall be provided to give access to all floors, stagings or
platforms where work is being done more than five storeys above ground or
above a permanent or temporary floor. Ladders required by this Rule shall
be substantial construction. They shall be left in place until the permanent
stairway are ready for use or until temporary stairways are installed. Stairway~
shall be erected as soon as the building exceeds 18.00 meters in height.

b. Ladders , other than sectional extension ladders, shall not be extended by


joining two or more together. No single ladder shall exceed 6.00 meters in
length. When greater heights are to be reached, intermediate platforms
shall be erected. Ladder landings shall be at least -1.20 meters square and
equipped w ith handrails and toe boards. Ladder rungs shall be spaced
uniformly and as near to 300 mm. as is practicable.
c. ladders leading to floors, staging or platforms shall extend at least 900
mm. above the level of such floors, stagings or platforms.
d. When used temporarily in place of stairway or runways, ladders serving
tra~fic in both directions simultaneously shall be at lea~t 1 .00 meter wide. If
separate ladders are provided for going up and coming down, they shall be
marked "UP" and "DOWN" respectively at each floor and platform level.
e. All ladders, when in use, shall be set up in a manner to be secured and to
prevent slipping. ladders, except stepladders or other sel~·supporting
ladders, shall be securely fastened to a permanent support at the top,
and if necessary, at the bottom, and braced to prevent swaying, bending
or shaking.
f. Ladders shall not be placed or used in shafts of operative elevators or hoists
except by workers engaged in the erection, construction , alteration or
repair of any such shafts, hoistway or equipment.
g. Ladders shall not be painted, but may be oiled or treated with preservatives
so as to permit the detection of faults.
Every ladder shall be inspected by the superintendent or foreman in charge
before being put to use on a construction operation and thereafter at least
once every 30 days while in continued use. Broken or weak ladders, or lad-
ders with weak or missing rungs, shall not be used or permitted to remain
on the construction site: but shall be repaired and made safe or destroyed.
h. Permanent stairways shall be installed in all buildings under construction as
soon as conditions will permit.

9f)
When the work on a building has progressed to height in excess of 18.00
· meters and it has not been practicable to install the permanent stairways,
at least on e temporary stairway shall be provided for the full height and
continued upward as rapidly as the work progresses.
i. Stairs and stairways Shall be of sufficient strength to support a load of at leas:
490 kg./square meter. All stairway shall be guarded on all open sides with
hand rails and toe boards.
j. Temporary stc;tirs shall be constructed so thct treads and risers are uniform
in width and height in any one flight.
The sum of t he 'h eight of the two risers and the width of one tread shall be
not t~ss than 160 millimeters nor more than 660 millimeters. Temporary
stairway shall be not less than 91 5 millimeters wide. landings shall be not
less than 762 millimeters long. No flight of stairs of a temporary stairways
shall have a vertical rise in excess of 3.60 meters. Whenever necessary in-
termediate landings shal\ be provided.
k. Temporary and permanent stairways shall be adequately lighted, as set
forth in Section ·3.5 of this Rule.
I. Permanent stairs that are to be used during construction and on which
treads are t o be f illed in later shall have wooden treads firmly fitted in place
for t he f ull area of t he tread. The top surfaces of the temporary treads shall
be maintained above the tops of the risers or nosings.
m. No door.shall open directly onto a fliqht of stairs, but a landing eQual to at
least the width of the door shall be provided between the door and the
stairs. Temporary doors higher than 1.35 meters shall be fitted with wire
glass panels.

4 .7 Runways and Ramps


a. Runways and ramps in connection with scaffolds or extending from story to
story or otherwise located and maintained for an extended period of time or
for the transfer of bulky material shall be constructed of at least three 250
millimeters planks laid closely side by side and substantially supported and
braced to prevent unequal deflection and spinging action.
b. Runways and ramps shall have a slope not steeper than one in three. The
total rise of a runway or ramp between landings shall not exceed 3.60
meters.
c. When the rise is steeper than one in six, or when the rise is more than 1.8
meters and steeper than one in- eight, runways or-ramps shall be provided
with cleats spaced not more than 200 millimeters apart.
d. runways and ramps having a total rise of more than 1.80 meters or .passing
over or near floor openings, high tension wires or other dangerous places,
shall be provided with guard rails and toe hoards.

4.8 Scaffolds
a. Properly const ructed scaffolds shall be provided for all work which cannot
be done safely by workmen standing on permanent or solid construction,
except when such work can be done safely from ladders. All such scaffolds
shall be substantially constructed to support at least four times the max-
imum load, and shall be secured to prevent swaying.

97
b. Planks used in the construction of stationary scaffolds shall be not less than
50 mm nominal thickness. Where such planks overlap at the ends, the
overlap shall be not less. than 1 50 mm. Planks shall be so placed that they
cannot tip under the weight of the worker at any point. ~ails used in the
construction of scaffolds shall be of ample size and length to carry the loads
they are intended to support. All nails shall be driven full strength. No nails
shall be subject to direct pull .
. c. Ropes, cables, and blocl<s used in the support of swinging scaffolds shall be
of sufficient size and strength to sustain at least six times the maximum
loads to which they will be subjected. Where acids are likely to come into
contact with them, ropes shall not be used in support of scaffolds, but steel
cables properly protected by.grease or oil or other effective methods shall be
used instead.
d. Every scaffold , the platform level of which is more than 1.80 meters above
the ground or above a permanent or temporary floor, other than iron
workers' scaffolds and carpenters' braker scaffolds, shall be provided with
guard rails and toe boards extending the full length of the scaffold and along
the ends except where ramps or runways connect with them, unless other-
wise enclosed or guarded. On suspended, swinging and pole scaffolds, the
space between guard rails and toe boards shall be fitted with wire mesh
screens securely attached.
e. Where· objects are likely to fall on scaffolds from above, a substantial
overhead protection shall be provided; not more than 3.00 meters above
the scaffold platform , and at doorways, passageways or other points where
workers must pass under scaffolds, a substantial overhead protection shall
be provided.
No materials or equipment other than required by the workers shall be plac-
ed on scaffold platforms.
f. Roof brackets, roof scantling, crawling boards and similar forms of supports
aha\\ be substantial in construction and securely fastened in place when in
use.
g. Barrels, boxes or other similar unstable objects shall not be used as supports
for planking intended as scaffolds or place of work.
h. When used over public sidewalk or other places of public use, scaffolds used
for minor buildin9 repairs, alterations, or painting, shall be equipped with
drop cloths to effectively prevent the falling of paint or debris.
i. Scaffolds for sandblasting and guniting operations shall be entirely and ef-
fectively enclosed, and the determination of effective enclosure shall be the
complete absence of particles of materials of operation in the air at a
horizontal distance of 15.00 meters irom the point of operation.

4.9 Temporary Flooring


a. In buildings of skeleton construction, the permanent floor, except for
necessary hoiscyvay openings, shall when possible, be constructed as the
building progresses. There shall be not more than three un-filled flobrs
above the highest permanent floor.
b. In buildings of wood joist construction, the under-floor shall be laid for each
floor as the building progresses.
c. In buildings of skeleton construction the entire working floor shall be

98
planked over, except spaces required for construction work, for raising or
lowering materials, and for stairways or ladders. Planks shall be placed so
that they cannot tip under the weight of a worker at any point and secured
so that they cann.ot slip out of place.
4.10 Floor Openings .
a. All floor openings use<i as hoistways or elevator shaftways shall be pro-
tected on all sides, except the side being used for loading or unloading. Pro.
taction shall be in the form ·of barricades not less than 1.20 meters high
along or near the ·edges· of such openings, or guard rails not less than 91 0
mm: high. placed not less than 600 mm. distant at all points from the edges
of such openings. If guard rails are used, toe boards shall be provided along
the ed~es of the openings. Side left open for loading or unloading shalt be
guarded by similar solid doors or gates.
b. AU floor-openings used as stairways or for the accomodation of \adders or
runways shall be guarded by railings and toe boards.
c. All .other f~oor openings shall be protected on all sides by solid barriers not
less than 91 0 mm. high or by railings and toe boards, or shall be planked
over or covered by temporary construction capable of sustaining safely
such·loads aS are likely to come thereon.
d. Barriers for the protection of openings used as hoistways or for elevators
'lhall be constructed so that workers cannot thrust head, arms or · legs
chrough them, and loose materials cannot fall or be pushed into the shatt-
way.
e. Barriers and guard rails around f:oor openings shall remain in place until per-
manent enclosures or protection are Otherwise provided. ·
4.11 Guard Rails and Toe Boards
a. Guard rails, when required under this Rule, shall have the top rail not less
than 910 IT)m. ~igh abov~ the platform l~vel. An intermediate rail shall be
provided 'between t he top rail and the platform.
All guard rails shall have adequate supports not more than 2.40 meters
apart. .
Every guard rail shall be constructed. to withstand a horizontal force of 30
kgs. per meter. ·
b. Toe boards, whenever required under this Rule, shaU be solid to full height,
and .shall extend not less than 1 50 mm. above the platform level and shall
be placed to fit close to the edges of the platform. They shall be adequately
·supported, secured and br~ced along the entire length to resist the impact of
·worker's feet and .the shifting of materials. Toe boards of wood shalt be not less
than 25 mm. nominal thickness; with supports not more than 1.20 meters apart.
Toe boards of metal shall not be less than 3.174 mm. thick, with support not
more than 1.20 meters apart.

5. DEMOLITION
5 .1 Precautions before demolition
a. Before commencing the work of demolition of a building/structure, all gas,
electric, water and other meters shali be removed and the supply lines
disconnected, except such as are especially·provided or required for use in
connection with the work of demolition.
b. All . fittings attached to the building and connected to any street lighting
system, electrical supply or other utilities shall be removed .

99
c. All electric power shall be shut off and all electric service lines shall be cut
and disconnected by the power company at or outside the property line.
d. All gas, water end other utility service lines shall be shut off and cut or cap-
ped. or otherwise controlled at or outside the building line.
In each case, as also in 6 . 1.3 above. the utility company inlv'olved shall be
notified in advance and its approval or cooperation obtained.
e. No electric cable or other apparatus, other than those especially required for
use in connection with the demolition work, shall remain electrically charg-
ed during demolition operations. When it is necessary to maintain any
power, water, gas or other utility lines during the .process of demolition,
such lines shall be temporarily relocated and protected w ith substantial
covering to the satisfaction of the utility company concerned .
f. All necessary steps shall be taken to prevent danger to persons arising from
fire or explosion from leakage or accumulation of gas or vapor; and from
flooding from uncapped water mains, sewers and/or culverts.
g. All entrances/exits to and.from the building shall be properly protected so as
to prevent any danger to persons engaged in the demolition work using such
entrances in the performance of their work.
h . Glazed ashes and glazed doors shall be removed before the start of demoli-
tion operations.
6.2 Chutes
a. Chutes for the removal of materials and debris shall be provided in all parts
of demolition operations which are more than 6.00 meters above the point
from which material is to be removed. Chutes shall be so situated and con-
structed so as not to pose any danger to the public or to workmen.
b . Chutes shall be completely enclosed and shall be equipped, at intervals of
7.60 meters or less, with substantial stops to prevent descending materials
from attaining dangerous speeds . Proper tools shall be provided and kept
available to loosen materials or debris jammed in the chute. No materials or
debris shall be dropped from any part of a building under demolition to any
point outside the walls of the building except through properly enclosed
wooden or metal chutes.
c. Chutes which are at an angle of more than 46 ° from the horizontal shall be
completely enc\osed on all four sides, except for openings at or about floor
level at each ffoor, for the receiving of materials debris.
d. Chutes at an angle of less than 46 ° with the horizontal may be left open on
the upper side. However, where such a chute discharge Into another chute
steeper than 46 ° with the horizontal, the top of the steep chute shall be
covered at the junction point of the two chutes to prevent the spillage of
materials or debris.
e. Openings into which materials or debris are dumped at the top of a chute
shall be protected by a substantial guardrail extending at least 1. 90 meters
above the level of the floor.
f. At chute openings where materials or debris are dumped from wheelbar-
rows, a toe board or bumper not less than 160 mm. high and 50 mm.
nominal thickness shall be provided. Any space between the chute and
edges of floor openings through which the chute passes shall be solidly
planked over.

100
g. Chutes, as well as floors, stairways and other places, shall be effectively
wet down at frequent intervals, whenever the dust from demolition opera-
tions would cause a menace or hardship to adjoining buildings or premises.
h . The bottom of each chutes shall be equipped with an adjustable gate or stop
for r.egulating the flow of materials .
Except when in actual use in the discharge of materials, the gate or stop
shall be kept closed . A reliable person shall be designated to control the gate
and the backing up and loading of trucks. He shall see to it that no person is
allowed to stand or pass under the discharge end of the chute at any time.
i. The area at the discharge end of each chute shall be completely enclosed
with a substantial fence at all times or otherwise made inaccessible . A
danger sign shall be placed at t he discharge end of every chute.

5.3 Demolition of Walls and Chimneys

a. No wall, chimney or other construction shall be allowed to fall in man, ex-


cept under competent supervision.
Scaffolds or stagings shall be erected for workers if walls or other elements
of the structure are too thin or tou weak Heavy structural members, such as
beams or columns, shall be carefully lowered and not allowed to fall freely.
b. Masonry walls or sections of masonry walls shall be permitted to fall upon
the floors of the building in such masses as to exceed the safe carrying
capacity of the floors.
c. No walls or section of walls whos~ height is more than twenty-two (221
t imes its thickness shall be permitted to stand without lateral bracing unless
such wall is in good condition and was originally designed to stand to a
greater height without such lateral support.
d. Workmen shall not be permitted to work on top of a wall when weather con-.
ditions constitute a hazard .
e. Before demolishing any interior/exterior wall which is within 3 .00 meters of
any opening in the floor immediately below, such opening shall be substan-
tially planked over unless all workmen sre removed from all floors below and
access to such floors are positively prevented.
f. At the completion of each day's work, all walls urn:femolished shall be left
stable and in no danger of overturning or falling.
g. Foundation walls which serve as retaining walls to support earth and adjoin-
ing structures shall not be demolished until such adjoining structures have
been underpinned or braced, and eart h either removed or supported by
sheet piling or other suitable materials.
h. In the demolition of brick and/or masonry chimneys which cannot safely be
toppled or dropped, all materials shall be dropped down through the inside
of such chimneys.
i. The loading point at the discharge end of any chute at or near at or near the
bottom of a chimney shall be completely protected by means of any
overhead timber canopy constructed in accordance with Section 2.3 of this
Rule.

101
j. To enable workmen to reach or leave their work on any wall or scaffold ,
walkways shall be provided. Such walkways shall not be less than three (3)
planks , properly tied or nailed to bearers of not less than 560 mm. in width,
such that the planks do not deflect more than 50 mm. under normal loading.
k. In buildings of skeleton construction, the steel framing may be left in place
during the demolition of masonry work . When this is done, all steel beam,
girders and the like shall be cleared of all loose materials as the demolit ion
progress downward.

5.4 Demolition of Floors


a. Before the demolition of floors and floor beams shall be completely sup-
ported by temporary planking and supports.
When the load is transferred to lower floors , these floors shall be carefully
propped. Demolition of floors shall not be started until the surrounding floor
area to a distance of 6 .00 meters have been entirely cleared of debris and
other unnecessary materials.
b. No floor, roof or other part of a building that is being demolished shall be so
overloaded with debris or materials as to render it unsafe.
c. Where workmen are engaged in the removal of iloors, planks of ample
strength which are supported independently of the flooring shall be pro-
vided for the workmen to step on . The planks shall be so placed as to give
the workmen a firm support in case the floor gives way or collapses unex-
pectedly. Where it is necessary for a workman to stradle a space between
two planks, such space shall not exceed 400 millimeters. To enable
workmen to reach any work place without the necessity ot walking on ex-
posed beams, planks shall be provided to serve as catwalks.
Stringers of ample strength shatl be installed to support. The planks where
necessary of such intringers shall be supported· by the floor beams or
girders.

d. Planks used for temporary protectioh shall be sound and at least 2 5 mm,
thick. They shall be laid close together, with the ends overlapping by at least
100 mm. over solid bearings to prevent tipping under a load .
e. Where floors are being removed, no workmen shall be allowed to work in
the area directly underneath. Such areas shall be barricaded to prevent ac-
cess to it.
f. Structural or load-supporting members on any floor shall not be cut or
removed until all stories have that floor have been demolished and removed.
g. Where any floor has been removed, the entire tier of beams on which any
device is supported shalf be completely planked over, except for such open-
ings as are required for the handling of material or equipment.
h. Stairs and stair railings shall be kept in place and in usable condition as long
as it is practicable. Steps and landings shall be kept free from debris.

102.
RULE XVI - LIGHT AND VENTILATION
Pursuant to section 801 to 811 of the National Building Cede (PO 1 096), the following
rules and regulations shall be observed:

1 . GENERAL PROVISIONS:
· 1.1 Subject to the provisions of the Civil Code of the Philippines on easements of ·
light and view. and to the provisions of chapter 8 of the code, every building shall
be designed. constructed, and equipped to provide adequate light and ventila-
tion .
1. 2 All buildings shall face a street or public alley or a private street which has been
duly approved .
1 .3 No building shall be altered nor arranged so as to reduce the size of any room or
the relative area of windows to less than t hat provided for buildings under this
rule, or to create an additional room conforms to the requirements of this rule.
1 .4 No building shall be enlarged so that the dimensions of the required court or yard
would be less than that prescribed for such building.

2. MEASUREMENT AND PERCENT AGE OF SITE OCCUPANCY


2.1 The measurement of site occupancy or lot occupancy shall be taken at the
ground level and shall be exclusive of courts, yards and light wells.
2.2 Courts , yards, and light wells shall be measured clear of all projections from the
walls enclosing such wells or yards with the exception of roof leaders. wall
copings sills or steP.I fire escJ pes no• Pxcn(•dinQ 1./.0 n"' ("' 1n ..... , 1 ~,
2.3 Maximum stte occupancy shall be governed by use, type of construction, and
height of the building and the use, area, nature and location of the site; and sub-
ject to the provisions of the local zoning requirements and in ·accordance with
the following .

TYPE OF OPEN SPACES


a - Public Ope., Spaces
streets, alleys, easemen•s of seashores, rivers, es~cros. railrond, tracks. parks.
plaza. playgrounds, etc.
b -· Private Open Spaces
. courts, v<trds, setbacks, Hghtwclls, uncovered driveways, access ro<:~ds and park -
ing spaces.

103
Table 1 - Private Open Space Requirements

PERCENT OF OPEN SPACE

TYPE OF LOT A & B (Residential) All Others

a} Interior Lot
(Lot located in the interior of a block
made accessible from a public street or
alley by means of a private access road) 50% 25%
b) Inside lot
(Non-corner or single frontage lot) 2 0% 15%
c) Corner and/or Through Lot 10% 5%
d) Lots bounded on three (3) or more sides
by public open spaces such as streets,
alleys, easement of seashores, rivers ,
esteros, etc. 5% 5%

NOTE: 1) Refer to Section 3 of Rule 1 1 1 for occupancy grouping.


2) Group A buildings in R· 1 Zones shall follow the minimum yard standards in
Table 1 1 to comply with the open space requirement.
EXCEPTIONS: When the lots as described in (b), (c) and (d) in Table 1 are to shallow such
that the public open space on which they abut can adequately supply light and ventilation
to every room therein si,Jbject to the requirements on window openings, the requirements
on private open space above may be waived, provided, however, that for lots abutting only
one public open space, the depth shall be not more than 5.00 meters and for those abutting
two or more public open spaces, the depth shall be not more than 10.00 meters .

)(
c
:a
L .' 0 T

... .. 8 T R E E T
L o r

~--
· t
S T R E E T
z· .' ~~ ·· . .
o' t

.,.. ~.:
If

104
. .. - pr~ty l neJ
IHTEJ:IIOA LOT
~,. 09tn t{)OC:t
,., ~.• . c, o a J -~PW~o..t
25% ooen apoet
,., !, F, 0, H .. I &<~'"
INSIOE t.OT
·20 "' OC*'I space
fer A.I. C.O a J oc~
l5% optn . IPOCt
11r E,F,O, Hal occ_.a"
tront lot

- · ' - - -- street
l -
street

F\G. 1.1 FIG. 1.2


\
\
\ street

CORNER l.: T
10 % open •
FIG. 1 THROVGH LCTT
10 % open apace
tot A, I ,C, O a J tot tk._I.C,O I J ..,....._
5" Opel'!
a 1 oee
' " ' open
fOr E. F• •• H I_._., tlr!,F, O,H al
lpciCt
~

i
___I
tfrttt

FIG. I.! -------.F~IG~.~,~.4


r----- ---

i~
C~ER LOT ABVTTlNO
..
....
0
CORNER- THROUGH LOT
!5 % open spoee
""" en ,,_. tce11••cte•
...
,I ,·•
_
" '0
3 OR MORE STREETS
AL.LfY'S, RIVERS, £TC.
&'WI CC~en •PGCt · i
l'efell.._,~ .

1 J
l:' l:'

'-!-
....J
-l .......
ttr"'
FIG. US FIG. 1.6

105
3. SIZES AN D DIMENSIONS OF COURTS AND YARDS
M inimum sizes of courts and yards and their least dimensions shall be governed by the
use, type of constru ction and height of the build ing as provided hereunder , pro vided
that the minimum horizontal dimension of said courts and yards shall be not less than
2.00 m ete rs . All inner courts shall b e connected to a street or yard, either by a
passageway with a minimum wid th of 1.20 meters or by a door through a room or
rooms.
3.1 Courts - An .unoccupied sp ace b etween building lines and lot lines other than a
yard : free, open and unobst ructed from the ground upward.

a) Inner Court A court bounded on all sides or around its periphery by building
lines .
b ) Open Court .. A court boundecl on three sid as by building lines with one side
bounded by another open spact whether public or private.
cl Through Court - A court bounded on two opposi te sides by building lines w ith
the othEH opposite sides bounded by other open spaces whether public o r
private .

Ever y court shall have a width of not less than 2. 00 m eters for one and
two-story b uild ings . However , this may be reduce to not less than 1.5 0
m eters in cluster liv ing units such as quadruplexes . rowhouses and the
lfke one or t wo stori es in heig ht with adjacent courts w ith an area of not
less t han 3.00 square met ers . Provided , further. that the separation
with or fen ces, if any , shall be not higher th an 2 .00 m eters . Irregularly
shaped lots such as triangular lots and the like whose courts may be
also triangular in shape may be exempted from having a minimum width
of 2.00 meters, provided that no side thereof shall be less th an 3 .00
meters and the area shall be not less t han that required in Table 1.

S T R E E T

OP£H SI'ACll,-~~%~
a.oo uc)l.
•~t·..,..·
DtlltNSIOMS Of'
SlOES 2..00 1111. AHO
1.&0 1111 . . . AY INT£" -
CHAN8[ .

T A E T

llll i
SECT I ON

~ ~'-
_ _ _ _ _ . . . . COUOT/TAOO--
( tota l •••• 1101 leiS t l'lu 7
reqlih u••nt of TAIIL£ I)

no aidf Ina
ttoc111 J .OO "'·:

~~~~~~~
S T R E E T

For buildings more than t wo (2) stories in height, the minimum w idt h ot
the court shall be increased at the rate of 300 millimeters (0. 3 0 m) for
each additional story up to the f ourteenth story. For buildings ex-
ceeding fourteen (14) stories in height, the required widt h of the cou rt
shall be computed on tl:le basis of fourteen ( 14\ st ories .
TABLE Ill
T OTAL Ml MIM\Jioot COURT • YAR!' WIDTH RtQUIREIIIEN T FOR EVEitY STORY
KINOS OF LOT OPEN SI"ACE
IIU .. s 1
• ! 10 ~ 1,,
IMTERIOtl
REQUIRED

50,., ~oo.~:<"'·
3
' 8 " 1t \4

' :
IN810£ 10% IIO•q.m.
ecwtUI~ 10,., 5o,q.m. 2.00 2 .30 2.410 2.90 3.20 l.~ !.80 4.10
I
4 ,40 ; 4,70 '
~. 00 ~30 !!. ~

l.OTabuttno ~~ ,,.,
men*""·
.
nv.r.. -.oa:. 30"·"'· ! ' :
l
•Sampe Computation: A lot with an area (1f 600sq.m. Minimum Mtback Of 0 .30M. for ev.ry a1ory
ttorttnv from m• third floor up shctll be added to tl\e minimum rtqUirtd wl.dth Of 2 . OOM.
for tM fll'$t and ..coM 11oriet ond moy be d111ribut•d in different areas provided fhclt
the to1al OCKJrtvott open space shall not be leu than tM percentOQt required.
'

width of court or
oP•nlng at
and upper floors

TABLE IV
CLEAR Wl[)nt OF PUBliC lrAEET Oft AI..LfY ITORY ti£1GHT ALLOM:D WITI40UT S€TIACK
2 .001111. to 2. 991111. Tn• ( ) ) Sfiii'•Y•
t---
3.00M. tel S. 9~
,_ 14 1 S tor.,-.
4.00 M. to • .•• 1111. ,.... (51 Storeys
!U)O M. to !!.Itt loot. Sla (41) Storey•

41-00M. 10 41."-M. 1•-w.ll ( TI Stofe7t

7.00111. to 7.99M. El_., ( 8) Stor•y•


1.00111. to l .ttM. Mlae ( t) Store,.

9.00M. to • . 99M. T0111 ( 10) Storey•

108
3 .2 Yard - The Vacant space left between t he building and the property lines .
Yards shall be subject to the same basic requirements as courts. In addition, the
follo wing rules shall be observed:
a) Yards for Residential Buildings

ZONES
YARD R- 1 R-2 R-3

Front 5.00 m. *See abutments


Side 2.00 m. -do-
Rear 2.00 m. -do-

Where:
R-1 means Low-Density Residential Zone, characterized mainly by single-family,
single detached dwellings with the usual community ancillary uses on a
neighborhood scale, such as exclusive residential communities which are not
subdivisions.
R-2 means Medium-Density Residential Zone, characterized mainly by medium-
density housing like low and medium-rise, multiple family dwellings on a limited
scale and the usual community ancillary uses on a barangay scale , such A
semi-exclu sive subdivisions and semi-exclusive residential communities which
are not subdivision s.
R-3 means High-Densi ty Residential Zone, characterized by a very mixed housing
type and high density housing. like high-rise buildings with more than usual com-
munity ancillary uses increasingly commercial in scale.

PR>fiERTY WALl
WITM ONE-HOU
FIRE-RE SfSTlVE
RATING

fWnY WITH I
ONE-HOUR filE
RESISTIVE f\ATI
I
I
I

FRONT CROSS SECTION REAR


SECnONAL SECTIONAL
ELEVAllQII ELE,.TION

109
Abut ments on the f ront, side and rear property lines may be allowed provided
t hat the f ollowing requirements shall b e c om plied with:
1. Open space as prescribed in \able , .
2. W indow opening as prescribed in Section 7 .

0 OPEN SPACE

b ALTERNATE
LOCATIONS

PROP. LIME PftOP.LINE

STREET STREET

PfiOP.LlNE PROP. LINE

STREET STREET

110
3. F1r ewall with a minimum of one-hour fire resistive rating constructed w ith a
minimum height clearance of 1 .00 meter above all the roof.

The required open space shall be located totally or di stributed anywhere w ithin
the lot in such a manner as to provide maximum light and ventillation into the
building.
b ) Yards Commercial , Industrial , Institutional and Recreational Buildings .

ROAD RIGHT-OF-WAY FRONT SIDE REAR


·····- - -··· ·····-·- ······-· - -- ..·--······-- -····-··--·--·-· ··---· · - -·-· ·- --·-·····- -
30 ~eters & above 10m. 3m. 3 m.
25-29 meters 8 m. 3m . 3m.
20-24 m eters 6 m. 3 m. 3m .
1 0-1 9 meters 4m . 2m. 2m .
Below 10 meters __________ ..

The yard requirements in Table 111 above are for newly-developed


thoroughfares. For highly built-up urban areas with duly established lines and
grades reflecting therein proposed road widening and elevation, the re-
quirements in Tabl e 11 1 above may not be imposed and the building may abut
on the front side and rear property lines provided that the requiremen ts on ope ~
space, window opening, artificial ventilation. if any, and firewall s are complied'
w it h .
3. 3 Setback - the vacant space left between the building and lot lines not l ess than
2.00 meters in width . A setba ck may be considered part of the open space ,
provided that it abuts a permanent public open space without any separation
between them which obstructs the free flow of light and ventilatiOn . Fences , if
any, made of wrought or galvan ized iron bars and the like with solid masonry
zocalo, if any, not higher than 1 .00 meter shall be allowed.

3 .4 Uncovered Driveways, Access and Parking Spaces may be considered as part


of the open space provided that they are open and unobstructed from t h e
ground upward as in courts and yards.

4 . CEILING HEIGHTS:
4.1 Habitable room s provided with artificial ventilation shall have ceiling heights
not less th an 2.40 m eters mea sured from the floor to the ceiling; Provided that
for buildings of more than one-storey, the minimum ceiling height of the firs t
story shall be 2. 7 0 meters and that for the second story 2. 40 meters and the
succ eeding stories shall have an unobstructed typical head-room clearance of
not less than 2. 1 0 meters above the finish ed floor. Above stated rooms with a
natural ventilation shall have ceiling heights not less than 2. 70 meters.

4.2 Mezzanine floors shall have a clear ceiling not less than 1.80 meters .tiJovc an•1
belovv it.

5. SIZES AND DIMENSIONS OF ROOMS:


M inimum s1zes of rooms and their i east horizontal dimensions shall be as follows:
5.1 Rooms for Human Habitations - 6.00 square meters with a least dimension of
2.00 meters;
5.2 Kitchen - 3 .00 squarP- meters w i th a least dimension of 1. 50 meters .
5.3 Bath and toilet - 1.20 square meters with a least dimension of 0.90 m eter.

11 J
6. AIR SPACE REQUIREMENTS IN DETERMINING SIZES OF ROOMS:
Minimum air space shall be provided as follows:
6.1 School Rooms - 3.00 cubic meters with 1.00 square meter of floor area per
person;
6.2 Workshop. Factories, and Offices - 12.00 cubic meters of air space per
person;
6.3 Habitable Rooms - 14.00 cubic meters of air space per person.

7. WINDOW OPENINGS:
7.1 Rooms intended for any use, not provided with artificial ventilation system,
shall be provided with a window or windows with a total free area of openings
equal to at least ten percent of the floor area of the room, laundry rooms and
similar rooms shall be provided with w indow or windows with an area not less
than one-twentieth of the floor area of such rooms, provided that such opening
shall be not less than 240 sq . mm. Such window or windows shall open directly
to a court yard , public street or alley , or open water course.
Exception. Required windows may open into a roofed porch.
a) Abuts a court, yard; public street or alley, or open water course and other
public open spaces.
b) has a ceiling height of not less than 2. 70 meters.
c) has one of the longer sjdes at least 65 percent open and unobstructed.

7.2 Eaves over required windows shall be not less than 750 miliimeters from the
side and rear property lines .

9. VENT SHAFTS:
8.1 Ventilation or vent shafts shall have a horizontal cross-sectional area of not less
than 0.,
0 square meter for every meter of height of shaft but in no case shall
the area be less than 1 .00 square meter. No vent shaft shall have its least
d'lmension less man 600 millimeters.
8.2 Skylights - Unless open to the outer air at the top of its full area, vent shafts
shall be covered by a skylight having a net free area of fixed louver open ings
equal to the maximum required shaft area.
9.3 Air ducts shall open to a street or court by a horizontal duct or intake at a point
below the lowest window opening . Such duct or intake shall ha"e a minimum
unobstructed cross-sectional area of not less than 0 .30 square meter with a
minimum dimension of 300 millimeters. The openings to the duct or intake shall
be not less than 300 millimeters above the bottom of the shaft and street sur·
face or level of court, at the respective ends of the duct or intake.

9. VENTILATION SKYLIGHTS:
Skylights shall h~ve a gross area not less than that required for the windows that are
replaced. They shall be equipped with movable sashes or louvers with an aggregate
net free area not less than the required for openable part in the window that are replac-
ed or provided with approved artificial ventilation of equivalent effectiveness.

112
10. ARTIFICIAL VENTILATION:
10.1 Rooms or spaces housing industrial or heating equipment shall be provided with
artificial means of ventilation to prevent excessive accumulation of hot and/or
polluted air.
10.2 Whenever artificial ventilation is required, the equipment shall be designed and
constructed to meet the following minimum requirements in air changes:·

CUBIC METER CEILING HEIGHT METER


USE OR OCCUPANCY PER MINUTE PER PERSON 2.40 3 .00 3.70 4.90 6.10
MINIMUM MAXIMUM AIR CHANGES PER HOUR

Apartment 0.29 0.43 3 2 1-1/2 3/4


Banking Space 0.22 0.29 3 2 1-1/2 3/4
Barber Shop
Beauty Parlor
0 . 22
0.22
0.29
0.29
3
3 2
2 1-1/2
1 -1/2 , 3/4
3/4
.Broker's Board Room 0 .57 0.85 8 6 4-1/2 3 2Yz
Cafeteria 0.43 0.57 6 4 - 1/2 3-~ 2Y. 1 - 3/4
Cocktail bar 0.57 0.85 8 6 4-Y.. 3 2-1/4
Churches 0.14 0.22 3 2 1-1/2 3 /4
Department Stores 0 . 22 0.43 3 2 '1-112 1 '3/4
Director's Room 0 .85 0.14 8 6 4-1/2 3 2-1 / 4
qrugstore's (no counter) 0.22 0.29 3 2 1-1/2 1 3/4
Drugstore (w/counterl 0 .29 0.43 5 3-3/4 3 2 1-1/ 2
Funeral Parlor 0.14 0.22 3 2 1 :-112 1 3/4
Gambling Rooms, Garage 0.57 0 .85 6 6 4-1/2 3 2-1/4
Hospital Room,
Hotel Room 0.29 0 .43 3 2 1 -112 3/4
Laboratories 0.43 0 .57 6 4 - 1/ 2 3-1/2 2~ 1 -3/4
Office 0 .29 0.43 4 3 2-1/4 1 y, l
Restaurant. Kitchen 0.34 0.43 5 3 - 314 3 2 7-1/2
Shop. retail 0.22 0.29 3 2 1-112 314
Theaters 0.14 0.22

10.3 For other rooms or spaces not specifically covered under this Section, ap-
plicable provisions of the Philippine Mechanical Engineering Code shall be
followed.

11. ARTIFICIAL LIGHTING:


Buildings/structures shall be designed and equipped to provide adequate lighting in ac-
cordance with the provisions of the Philippine Electrical Code and Fire Code of the
Philippines.

113
RULE XVII - CONSTRUCTION OF BUlLDINGS/STRUCTURES
WITHIN APPROACH/DEPARTURE ZONES OF
RUNWAYS OF AIRPORTS

Pursuant to Section 105 of the National Building Code (PO 1 096} and in accordance with
the latest Civil Aeronautics Administration (CAA). now Bureau of Air Transportation (BAT),
Air Regulations , the following rules and regulations shall govern the construction of
buildings/structures within approach/departure zones of runways'of airports.
1. DEFINITIONS - For purpose of this Rule, the following definitions shall apply:
APPROACH/DEPARTURE ZO NE OF AN AIRPORT - That area with an inner edge
located 60 meters from the end of the runway, perpendicular and symmetrical about
the prolongation of the runway centerline both sides of which have a divergence of
12.5% towards the..outslde, and with the inner edge as the short base of the isosceles
trapezoid thus formed.
INNER EDGE - A line perpendicular to t he prolongation of the runway centerline and
60 meters from the end of the runway . It is the short base of the isosceles trapezoid
formed by t he approach/departure zone, having a length as follows :
a) 1 50 meters for runways less than 1 , 500 meters only.
b) 300 meters tor runways 1, 500 meters long or more.
INNER HORIZONTAL SURFACE - A horizontal plane located 45 meters above the
elevation of the airport , starting from a dist ance of 390 meters from the c enterline of
the runway up to 4, 390 meters, for runways less than 1,500 meters long; and at a
distance of 46 5 meters from the centerline of the runway up to 4465 meters, for run-
ways 1,500 meters long or more .
TRANSITLON SURFACE - A specified surface sloping upwards from the edge of the
approach/departure zone and from a line originating at the end of the inner edge .
drawn parallel to the runway centerline, having a slope of .4.3% ( 1 :7). The outer limit
of the transition surface shall be determined by its intersection w ith the plane of the in·
ner horizontal surface.
STRIP OF RUNWAY - That rectangular area determined by a line originating at the
end of the inner edge drawn parallel to the centerline of the runway having a total
length of L + 1 20 meters, where l is the length of the runway in meters, and a width
equal to the length of the inner edge.

2 . NO NEW BUILDING/STRUCTURE SHALL BE ALLOWED WITHIN THE STRIP OF A


RUNWAY.

3. The portion of the approach/departure zone where new construction is aHowed is an


isosceles trapezoid symmetrical about the prolongation of the runway centerline, the
shorter base of which is the inner edge of the approach/departure zone . The height o1
building/structures within this zone shall be limited by an imaginary line with a slope of
2% for the first 3,000 meters from the inner edge reckoned from the surface of the
runway, and thence 2.5% beyond 3,000 meters. The dimensions of the isosceles
trapezoid are on the following table.

114
Inner edge Distance between
Length of runway (Short base) Long base bases
in meters
--·-- ...........- ...
~-
in meters in meters in meters
1 , 500 or more 300 1,050 3,000
Less than 1 , 500 150 900 3,000

4 .. A height clearance certificate shall fir st be secured f rom the CAA (not BAT) before a
bu ilding permit may be issued for th e construction of buildings/ structures located:
al within 5 00 me_t ers measured normal to the centerline of the runway of an airport,
regardless of height;
bl from 500 meters up to 24.5 kilometers measured normal to the centerline of the
runway of an ·airport and exceeding 45 meters in height abcve the elevation of the
runway;
c) w ithin· t he approach/departure zone of an airport at a distance of 2, 2 50 meters
measured from the inner edge, regardless of height;
d} within the approach/departure zone of an airport beyond 2,2 50 meters from the
inner edge up to 1 5 kilometers and exceeding 45 meters in height above the eleva·
tion of the runway.

ALLOWABLE CONDITIONS (BUILDABLE) WITHIN APPROACH - ~PARTURE ZONES

! AT . HEED NOT H CONS\l. UO IF IIUIL.IliiGS / STfiUCTUI'I£


1$ NOT MOlt£ TliAH 4e .OO Ill . IN HE IGHT I£YDI40 Til£
31S M. Ofll !100 Ill OISTA!'fCE FIIOM STRI' EOG£

- -Y--...
REQUIRES . C.A.A. CL£AMHCE !IIUl,-

CROSS SECTION
troT TO SCALE

I .A.T. NEED NOT liE CGIStLTEO F


IUIUltNGS /-l'ntUCT'-"ES IS NOT l«lRE
nw4 4&.00 M. IN HE~HT llEl'OND
Tt£ ~2&0 M. DISTANCE FRON INNEJII
EO (If;.

LONGlTUO.NAL SECTION
NOT TO SCALE

115
STAAT OF CL.£ARANCE oP .TO ~. 00 M.
@ - SHORTER RUNWAY
@ - LONGER 'RUftWAY
@ .w>@- OISTANC£ TO Cl.t:AR lP TO
4,00 M. 1£1GHT.

A
START OF RUNWAY--~

4·. --- - 6 0 Ill. l 000"'


1 MIN.

LONGITUDINAL SECTION

~ M. lHHER EDG£ - 1,500 lol . R\H«AY

!00 Ill INME.R EDGE + I, 500 M.


$Y_,.,..._ ,
ABOUT~
'- I

HEl GtrT UWIT

150 Ill .
TO i j
t -- - - 'iDQic.I!L_ __......._-2!1EIS..!!III~._..,__~\~UP-~&Qi>.J!.. ___ __....... 8E'rONQ
....__LIMITING I'UNES HOT TO 9E P(N£TRATEO
BY ANY STRUCnRES.
20 ~
r
CROSS SECTION

I
!

t I
z,2SOit J

PLAN
- 3,0001111.
\
116
117
RULE XVIII - MAXIMUM HEIGHT OF BUILDINGS/STRUCTURES

Pursuant to Section 707 ot the National Building Code (PO 1096) the maximum height and
number of stories of every building shall be dependent upon the character of occupancy
and the type of construction considering population density, building bulk, widths of
streets and car parking requirements in relation to other existing local land use plan and
zoning regulations, geological, hydrological, meteorological, light and ventilation, as well as
other environmental considerations, prevailing traffic conditions. the availability and
capacity of public utility/service systems.
1. DEFINITIONS - For purposes of this Rule, the following definitions shall apply:
HEIGHT OF BUILDINGS/STRUCTURE - The vertical distance from the e-stablished
grade elevation to the nighest point of the coping of a flat roof, to the average height
of the highest gable, pitch or hip roof, or to the top of the parapet, if the roof is pro-
vided with a parapet, whichever is higher (See Figs. A, B. Cl .

~
~~~~-r·~.

••~00 M. IIAX.

(A) (8)

118
· CHARACTER OF OCCUPANCY - The classification of use or occupancy of
buildings/structures or portions thereof. (see page 59)
TYPE OF CONSTRUCTION - The classification based on the fire resistivity ratings o1
materials and methods of construction of buildings/structures or portions thereof.
GRADE (ADJACENT GROUND ELEVATION) - The lowest point of elevation of the
finished surface of the ~round between the exterior wall of a buildinq and a point 1. 50
meters distant from said wall or the lowest point of elevation of the finished surface of the
finished surface of the ground between the exterior wall of a building and a property

UOiol .
WALLar
FENCE

AO£: ~AO£ :
LOWEST POINT OF £LEVATION t.OM:ST POINT OF ELEVATION
OF FIN. SURFACE 1.50 M. FfQI4 Of' FIN. SUftF.ACE OF GftOUtiD
THE WALL OF BLDG. BETWEEN EXTERIOR WALL OF
8l.DG. AND l"ftOI'ERTV LfiE
OR F£t4CE.

l EI
STREET

line if it is less than 1.50 meters distant from said waiiiSee Fig. 3 1. In c ase walls are
par~llel to and within 1 . 50 meters of public sidewalk, alley or other public way . the
grade shall be the elevation of the sidewalk, alley or public way !See Fig. 41.
ESTABLISHED GRADE ELEVATION - The point of reference on the highest adjoining
sidewalk or the highest adjoining ground surface, as established by the proper govern-
ment authority. However, in case of sloping ground, the average ground level of the
buildable area shall be considered the established elevation, !See Fig. 5).

2 . DETERMINATION OF HEIGHT:

2.1 The height shall be measured from the highest adjoining public sidewalk or
ground surface. Provided, that the height measured from the lowest adjoining
surface shall not exceed such maximum height by more than 3.00 meters; Ex-
cept, that towers , spires and steeples, erected as parts of the building and not
used for habitation or storage are limited as to the height only by structural
design, if completely of incombustible materials, or may extend not to exceed
6 .00 meters above the height limits for each occupancy group, if of combusti-
ble materials, (See Figs. 1-A, 1-B, 1-C).
2.2 The height of any buildings/structure shall be subject to clearance requirements
of the Civil Aeronautics Administration (CAA) in the case of airports, and of
military authorities in the case of security-oriented facilities/installations.
2.3 Character of occupancy and type of construction:
Buildings/structures whose character of occupancy .or use and occupant load
:ne less hazardous as to life and fire risks may be built higher than those which
are more hazardous.

1.:.!0
Building s/ structures falling under Types IV or V (steel. iron, co nc~ete or
masonry construction) may be built higher than those falling under Types 1 or
11 (wooden construction).
2.4 In any given locality the height of buildings/ structures shall be governed by the
following factors:
a. Population density:
Consider both the present and projected density in the area.
Q. Building bulk:
For a given volume of buildings/structures, that which has a lesser area of
ground coverage may be built higher than that of greater area of ground
coverage.
c. Widths of streets :
Provide .for adequate light and ventilation and accessibility.
d. Traffic conditions and parkinglloading requirements :
Provide effective control of traffic and adequate parking/loading facilities.
e. Provisions of land use plans and zoning ordinances.
f . Geological conditions:
Consider soil characteristics, location in relation to fault tines and earth·
quake belts and proximity of volcanoes.
g. Hydrological conditions:
Consider the water table at the site and distance to waterways and
shorelines.
h. Meteorological Conditions:
Consider the frequency and instensity of destructive typhoons, prevailin g
wind direction, relative humidity, amount of precipitation and the prevailing
ambient.
i. Environmental conditions:
Provide effective control of air, noise and thermal pollution. Promote growth
of vegetation . Optimize natural light and ventilation.
j. Availability and capacity of public utility/service systems:
Consider the availability and adequacy of electric power, potable and non-
potable water supply, drainage and sewerage, transportation and com-
munications facilities.

RULE XIX- PARKING AND LOADING SPACE REQUIREMENTS

Pursuant to Section 803 of the National Building Code (PO 1096) providing for a maximum
site occupancy, the following provisions on parking and loading space requhements shall
be observed :
1. THE PARKING SPACE RATINGS LISTED BELOW ARE MINIMUM OFF-STREET RE-
QUIREMENTS FOR SPECIFIC USES/OCCUPANCIES FOR BUILDINGS/ STRUCTURES:
1.1 The size of an average automobile parking slot shall be computed at 2.4 meters
by 5.00 meters for perpendicular or diagonal parking, at 2.00 meters by 6.00
meters for parallel parking. A truck or bus parking/loading slot shall be com-
puted at a minimum of 3.60 meters by 12.00 meters. The parking slot shalt be
drawn to scale and the total number of which is indicated on the plans and

121
specified whether cr not parking accommodations, are attendant managed.
(See Section 2 for computation of parking requirements).
1. 2 Low-income single detached living units in housing ptoject areas with individual
lots not more than 100 square meters.
Pooled parking at 1 slot/1 0 living
units.
1.3 Multi-family living units regardless of
number of stories with an average of
living unit floor area of:
a) Up to 50 sq.m. 1 slot/8 living units
b) Above 50 sq.m. to 100 sq.m. 1 slot/4 living units
c) More than 100 sq .m. 1 slot/living unit
1.4 Hotels 1 slot/1 0 1ooms
1 . 5 Residential hotels and apartels 1 slot/5 units
1.6 Motels 1 slot/unit
1 . 7 Neighborhood shopping center 1 slot/1 00 sq .m. of shopping floor
area
1.8 Markets 1 slot/30 sq.m. of customer area.
1 .9 Restaurants, fast-food centers, bars
and beerhouses 1 slot/30 sq.m. of customer area
1. 10 .Nightclubs, supperclubs and theater-
restaurants (See Section 1.20) 1 slot/20 sq.m. of customer area
1 . 11 Office buildings 1 slot/125 sq.m. of gross floor area
1 . 1 2 Pension/boarding/lodging houses 1 slot/20 beds
1 . 1 3 Other buildings in business/ commer-
cial zones. 1 slot/125 sq.m,. of gross floor area.
1 . 14 Public assembly buildings such as
theaters, cinemas, auditoria, stadia,
etc. 1 slot/50 sq.m. of spectator area
1 . 1 5 Places of worship and funeral parlor 1 slot/50 sq.m. of congregation area
1 . 1 6 Schools
1 . 1 6.2 Elementary , secondary,
vocational and trade
schools . - 1 slot/ 10 clasSfooms
1. 16.2 Colleges and universities -- 1 slot/5 classrooms
1 . 1 7 Hospitals
1 . 1 8 Recreational facilities
1. 1 8.1 Bowling alleys 1 slot/4 alleys
1-.18.2 Amusement centers 1 slot/50 sq.m. of gross floor area
1 .1 8.3 Clubhouses, beach houses
and the like 1 slot/1 00 sq.m. of gross floor area.
1.19 Factories; man1,1facturing
establishments, mercantile
buildings, warehouses and storage 1 car slot/1 ,000 sq .m. of gross floor
bins. area.
1 .20 Tourist bus parking areas 2 bus slots/hotel or theater
restaurant .

122
2. PARKING REQUIREMENT COMPUTATION:
The off-street parking requirements rating may be reduced in accordance with any or
all of the following applicable conditions, provided such conditions are permanent:
2.1 Only off·street service and loading bay requirements are to be provided if the
area where the building/structure to be erected is designated as a pedestrian-
dominated zone.
2.2 In mixed occupancies, the parking requirements shall be the sum of 100% of
the domiT'ant use and 50% of each of the non-dominant uses.
2 .3 Fifty percent of all available on-street parking slots along roads f ronting the pro-
perty lines, whether police-controlled or meter-controlled, may be included in
computing parking requirements of individual buildings/structures located
thereat.
2 .4 In areas where adequate public parking lots/multi-floor parking garages ar.e
available within 200 meters of the proposed buildings/structures, only 20% of
parking requirements may be provided within the premises.
2 .5 In computing for parking slots, a fraction of 0.5 and above shall be considered
as t slot .
In all cases however, a minimum of 1 parking slot shall be provided except in
cases falling under Section 1.2 and 1 .3.

3. SPECIAL PROVISIONS:
For buildings/structures intended for the use or occupancy of the handicapped, the
following minimum provisions shall be observed :
. . . ..
3 , 1 1 accessible parking Slot for."lhe h~ndi~apped · per 50 parking slots up to 1 50
slots and an additional slot fm every 100. thereaher ,
3 .2 Wheel chair transfer area : :.. ·.·. ·

One between every tws ·spaces . .


Directly connects to accessible walks of travel and accessible building en-
trances (See Fig. 1 ). ·

ACCESSIBLE PATHWAY TO FACILITY SERVED

Fig. I
c:;;;;::::J c::==:::a c====a c::::::::=D

Vl"'Q U'>"'Q
~- ~
(J'} "::J
~~ -
(J'}....,
r> r>
5~ r>
Q~
0;:10
-!:;<(: -~~ > :-r:
Zl:'l'l Q~ >~
Zr:-:
z
c
zC'l Vlr
:::n
, .. ::::
z
C) z
C'l
U'>r"
'71(')
t'!'!:J:
">
>-
:lQ:C
..,..
,,
">
>-
I"'!
)> >

'--- -··- - -----· ·-- - - - -- -- - -- ---'


123
*Wheel bumper shail be used if parking lot pit'tement is at same level as ac-
cessible walkway.
3.3 Maximum distance of accessible parking area from facility served.
Perking areas for the physically handicapped shall be within 60 m. of the facility
being served. This shall be measured from the farthest parking space along ac- ·
cessible path t o the closest accessible entrance. {See Fig. 2).

rACILITY Sl RVUJ

WALK WA'r
Fig. 2

I'ARKING PARKING
I I

3 .4 AU accessible parking spaces for the handicapped shall have the international
symbol of access (See Fig. 3}.

Fig. 3

All signs are to be in white graphics on a dark blue background.


Size for exterior use shall be 30 em. or 60 em. by 60 em .
lettering for brief facility identification for the· partially sighted shall be a
minimum height of 5 .0 em.

4. LOADING SLOT REQUIREMENTS:


4 .1 Stores, manufacturing, wholesale of 1 loading slot for every 5,000 sq.m.
mercantile buildings/structures. or of gross floor area with a minimum of
similar occupancies. 1 truck loading slot .
4. 2 Hotels and hospitals 1 truck loading slot

124
GUIDELINES IN THE DESIGN OF PUBLIC BUILDINGS/STRUCTURES

Pursuant to Section 203 of the National Building Code {PD 1 096) the following guidelines
shall be observed in the design of public buildings/structures: ·
1 . Public buildings/structures are permanent buildings/ structures owned by the govern-
ment, wheth~r national or local, its agencies, including government-owned and/ or
controlled corporations.
2. Design of public buildings/structures aside from baing logically functional and struc-
turally souQd, should promote, enhance and express the aesthetic quality, customs
and traditions.socio-economic values and cultural heritage of the region towards a
distinct Filipino architecture.
2 . 1· The architectural character of public buildings/ strl,lctures should express the
nature of their functions, use or occupancy and should reflect their identity as
public buildings/ structures compatible with their total environment.
2.2 Public buildings/structures should be designed for permanence.
2. 3 Use of indigenous and/or locally manufactured/ produced materials, such as
marble, stone, adobe, clay tiles, wood, coco wood, kapis shells should be max-
imized.
2.4 Use of natural light and ventilation by means of proper orientation, cross ven-
tilation, convection, sun control devices and the like should be maximized.
2. 5 Choice of finishes should aim to minimize maintenance costs,
2.6 Decorative motifs and ornaments should evolve f rom native, ethnic or regional
arts and be an inherent expression of the whole design.
These guidelines are not intended to limit the creativity of the designer nor preclude the use
of advanced or innovative technology.

BATAS PAMBANSA BlG. 344 , . . Q.C .... Julv 26. 1982


Be it enscted by the Batasang Pambansa in session assembled

AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSON BY REQUIRING CERTAIN BUILDINGS,


INSTITUTIONS. ESTABLISHMENTS AND PUBUC UTILITIES TO INSTALL FACILITIES AND OTHER
DEVICES.
SECTION 1. In order to promote the realitation of the rights of disabled persons to participate fully in
the social li fe and the development of the societies in which they live and the enjoyment of the oppor·
tunities available to other citizens, no license or permit for the construction. repair or renovation of public
and private buildings for public use, educational institutions, airports. sports and recreation centers and
complexes, shopping centers or establishments, public parking places, work-places. publlc utilities. shall
be granted or issued unless the owner or operator th!;lreof shall install and incorporate in such building,
establishment, institution or public utility, such architectural facilities or structural features as shatl
reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railings and the like. If
feasible, all such existing buildings. institutions, establishments, or public utilities may be renovated or
altered to enable the disabled pe~ns to have access to them: Provided, however, That buildings. institu·
tioos, establishments. or public ut~ities to be constructed or established for which licenses or permits had
already been issued may comply with the requirements of this law: Provided. further, That in case of
government buildings, street and highways, the Ministry of Public Works and Highways shall see to it that
the same shall be provided with architecturallacifities or ~tructural fea1ures for disabled persons.
In the case of the parking place of any of the above institutions. buildings, or establishment, or public
utilities, the owner or operator shall reserve sufficient and suitable space for the use of disabled persons.
SEC. 2. In case of public conveyance, devices suc'1 as the prominent display of posters or stickers
shall be u!ied to generate public awareness of the right€. of the disabled and foster understanding of their
special needs. Special bus stops shall be designed for disabled persons. Discriminating against disabled
persons in the ca.rriage or transportation of passengers is hereby declared unlawful.

125
!1.10 Minimum when oar Is pulled oa for
access area at. poat.lble

< 3 .70 H 3 .70 )( 2 .50 ~ 2 .60)


handicapped reou or
PARKING LOT DIMENSIONS LOCATED NURIST
THE ButLDIMe
MULTIPLE ACCOMOOATIONS

LAV URINAL OUTLETS we SOAP 018H SHOWIR SlAT

~ ·
PLAN PLAN

Grab raU

CURB CUT-OUT
to ..,. provided ot every pedeatrtc:ln croulnt

ELEVATION ELEVATION landing

8101 TRAtiSFIR
~(---6=·=00~---~~~·~~--~·=·0=0~.~
RAMP 8PI!:C1FICAT10H
t> S'-Pe of ,._, stHIU not ex.oeed 1:12
t> 1:20 •• oooct
[> Lancllnt ,..,Ired If tonter ramp lstpeolflecl

a. •• ••
l
1.50
r 1
I~ao r ~ .. ,
( t.30. ramp ~ b2Q ~

SPACe: ALLOCATIONS INTRAHCI!: WITH Provkla .70 m. & • 90 m. curb• provide on


AT DOOR ARIA VESTIIULI!: hanc:lrolla on bothsldoa RAMPS
of RAMP
126
Labor Code
Insurance
Social Security
CONDITIONS OF EMPLOYMENT
HOURS OF WORK

ARTICLE 82. COVERAGE - The provision of this title shall apply to employees in all establish-
ment and undertakings, whether for profit or not, but to government employees,
managerial employees, field personnel, members of the family of the employer who are
dependent on him for support. domestic helpers, persons in the personal service of
another, and workers who are paid by results as determined by the Secretary of Labor in
appropriate regulations.
As used herein, "MANAGERIAL EMPLOYEES" refer to those whose primary duty consists
of the management of the establishment in which they are employed or of a department or
subdivision thereof, and to other officers or members of the managerial staff.
"FIELD PERSONNEL" shall refer to non-agricultural employees who regularly perform their
duties away from the principal place of business or branch office of the employer and
whose actual hours work in the field cannot be determined with reasQnable certainty.

ART. 83. NORMAL HOURS OF WORK - The normal hours of work of any employee shall not
exceed eight {8).

ART. 84. HOURS WORKED- Hours worked shall include.


a. All time during which an employee is required to be on duty or to be at a prescribed
~ork place.

b.· All time during which an employee is suffered or permitted to work.


Rest period of short duration during working hours shall be counted as hours worked .

ART . 85 . MEALS PERIOD - Subject to such regulations as the secretary of Labor may
prescribe, it shall be the duty of every employer to give his employees not less than sixty
160) minutes time-off for their regular meals. ·

ART . 86. NIGHT SHIFT DIFFERENTIAL - Every employeE~ shall be paid a night shift dif-
ferential of not less than ten per cent (1 0%) of his regular wage for each hour of work per-
formed between ten o'clock in the evening and six o'clock in the morning.

ART . 87. OVERTtME WORK - Work may be performed beyond eight (8) hours a day provided
that the employee is paid for the overtime work, an additional compensation equivalent of
his regular wage plus at least twenty-five (25%) p~rcent thereof . Work performed beyond
eight-hours on a holiday or rest day shall be paid an additional compensation equivalent to
the rate of the first eight hours on a holiday or rest day plus at least thirty percent thereof.

128
ART . 88. UNDERTIME NOT OFFSET BY OVERTIME - Undertime work on any particular day
shall not be offset by overtime work. on any other day. Permission given to the employee to
go on leave on some other day of the week shall not exempt the employer from paying the
additional compensation required in this Chapter.

ART. 89. EMERGENCY OVERTIME WORK- Any employee may be required by the employer
to perform overtime work in any of the following cases:
al When the· country is at war or when any other national· or loc~t ·emetgency has been
declared by the National Assembly or the Chief Executive;
b) When it is necessary to prevent loss of life or property or in case of imminent danger to
public safety due to an actual or impending emergency in the locality caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
c) When there is urgent w ork to be performed on machines, installations, or equipment, in
order to avoid serious loss or damage to the employer or some other cause of similar
nature;
d} When the work is necessary to prevent loss or damage to perishable goods; and
e) Where the completion or continuation of the work started before the eight hour is
necessary to prevent serious obstruction or ·prejudice to the business or operations of
the employer.
Any employee required to render overtime work under th\s Article shall be paid the addi-
tional compensation required in this Chapter.

ART. 90 COMPUTATION OF ADDITIONAL COMPENSATION - For purposes of computing


overtime and other addit ional'remuneration as required by this Chapter the ''regular wage''
of an employee shall include the cash wage only withoutdedu~tion on account of facilit ies
provided by the employer . · · · ·

WEEKLY REST .PERIODS


ART. 91. RIGHT TO WEEKlY REST DAY -
·ar tt shall'be the duty of every employer, whether operating for profit ·or not, to provid e
each of his employees a rest period of not less·than twenty·four {24) consecutive hours
after every six (6) consecutive normal work days.
b} The employer shall determine and schedul·e the weekly rest day of his employees sub-
ject to collective bargaining agreerrtent and to such rules and regulations as the
Secretary of labor may provide. However , t he employer shall respect the preference of
employee as to ttleir ·weekly rest day when such preference is based on religious
grounds .

ART. 92. WHEN EMPLOYER MAY REQUIRE WORK ON REST DAY - The employer may
require his employees to wor.k on any day:
a) In case of actual or impending emergen'Cies caused by serious accident, f ire. flood,
typhoon, earthquake. epidemic or other disaster or calamity to prevent loss of life and
property, or imminent danger to public safety;
b) In cases of urgent work to be performed on the machinery, equipment, or installation,
to avoid serious loss which the employer would otherwise suffer;
c) In the event of abnormal pressure of work due to special circumstances, where the
employer cannot ordinar~ly be expected to r~sort to other measures;

129
d) To prevent loss or damage to perishable goods;
e) Where the nature of the work requires continuous ·operations and the stoppage of work
may result in irreparable injury or loss to the employer; and
fl Under other circumstances analogous or similar to the foregoing as determined by the
Secretary of Labor.

ART. 93. COMPENSATION FOR REST DAY. SUNDAY. OR HOLIDAY WORK-


a) Where an employee is made or permitted to work on his scheduled rest day, he shall be
paid an additional compensation of at least thirty percent (30 %) of his regular wage.
An employee shall be entitled to such additional compensation for work performed on
Sunday only when it is his established rest day.
b) When the nature of the work of the employee is such that he had no regular work days
and no regular rest days can be scheduled, he shall be paid an additional compensation
of at least thirty percent (30%) of his regular wage for work performed on Sunday and
Holidays.
c:;) Work performed on any special holiday shall be paid an additional compensation of at
least thirty percent (30%) of the regular wage .of the employee. Where such holiday
work falls on the employee's scheduled/rest day, he shall be entitled to an additional
compensation of at least fifty percent (50%) of his regular wage.
d) Where the collective bargaining agreement or other applicable employment contract
stipulates the payment of a higher premium pay than that prescribed under this Article
the employer shall pay such higher ·rate.

HOLlOA VS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES


ART. 94. RIGHT TO HOLIDAY PAY -
a) Every worker shall be paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less than ten ( 10) workers;
I

b) The employer may require an employee to work on any holiday but such employee shatl
be paid a compensation equivalent to twice his regular rate; and
c) As used in this Article, "holiday" includes: New Year's Day, Maundy Thursday, Good
Friday, the ninth of April, the first·of May; the twelfth of June, the tourth of July, the
thirtieth of November, the twenty·fifth and the thirtieth of December, and the day
designated by law for holding a general election.

ART. 95. RIGHT TO SERVICE INCENTIVE LEAVE-


al Every employee who has rendered at least one year of service shall be entitled to a year·
ly service incentive leave of five days with pay.
b) This provision shall not apply to those who are already enjoying the benefit herein pro·
vided, those enjoying vacation leave with pay of at least five days and those employed
in establishments regularly employing less than ten employees or in establishments
exempted from granting this benefit by the Secretary of labor after considering the
viability or financial condition of such establishment.
c) The grant of benefit in excess of that provided herein shall not be made a subject or
arbitration or any court or administrative action.

ART. 96. SERVICE CHARGES - All charges collected by hotels, restaurants and similar
establishments shall be distributed at the rate of eighty-five percent (85%) for ell covered
employees and fifteen percent {15%) for management. The share of the employees shall

130
be equally distributed among them. In case the service charge is abolished, the share of the
covered employee shall be considered integrated in their wages.

IMPLEMENTING REGULATIONS CONDITIONS OF EMPLOYMENT

HOURS OF WORK:
SECTION 1 . General Statement of Coverage - The provisions of this Rule shall apply to all
employees in all establishments and undertakings, whether operated for· profit or not, ex-
cept to those specifically exempted under Section 2 thereof.

SEC. 2. Exemption - The provision of this Rule shall not apply to the following persons if
they qualify for exemption under the conditions set forth herein;
a) Government empioyees whether employed by the Nat!ona! Government. or any of its
political subdivisions, including those employed in government-owned and/or con-
trolled corporations.
b) Managerial employees, if they meet all of the following conditions, namely:
1 ) Their primary duty consists of the management of the .establishment in which they
ar·e employed or of a department or sub-diVision thereof;
2) They customarily and regularly direct the work of two or more employees therein;

3) They have the authority to hire or fire other employees of lower rank; or their sug-
gestions and recommendations as to the hiring or firing and as to the promotion or
any other change of status of other employees are given particular weight.
cl 'Officers or members of a managerial staff if they perform the following duties and
responsibilities:
1 ) The primary duty consists of the performance of work directly related to manage-
ment policies of their employer;
21 Customarny and regularly exercise discretion and independent judgment;
3) 1) Regularly and directly assist a proprietor or a managerial employee whose
primary duty consists of the mana.gement of the estabtishment in which he is
employed or. subdivision thereof; or execute under general supervision work
along specialized or technical lines requlring apec.ial training, experience, or
kflowledge; or execute under general supervision special assignments and
tasks; and
4) Who do not devote more than 20 percent of their hours worked in a work~week to
, activities which are not dlrectty and close related to the performance of the work
described in paragraphs 1 ), 2) and 3) above.
d) Domestic servants and persons in the personat service of another if they perform such
service in the employer's home which are usually necessary or desirable for the
maintenance and enjoyment thereof or minister to the personal comfort, convenience,
or safety of the employer as weft as the members of his employer' s household.
e) Workers who are paid by results, including those who are paid on piece-work, "takay' ',
"pakiao", or task basis, if their output rates are in accordance with the standards
prescribed under Section 8, Rule VII, Book 111, of these reg~lations, or where such
rates have been fixed by the Secretary of Labor In accordance with the aforesaid
Section .
f) Non-agricultural field l)ersonnel if they regularly perform their duties away from the
· principal or branch office or place of business of the employer and whose actual hours
of work in the field cannot be determined with reaso~able certainty.

131
SEC. 3 . Hours Worked -The following shall be considered as compensable hours worked:
a) All t ime duriFlg which an· employee is required to be on duty or to be at the employer'.s
premises or to be at a prescribed workplace; and
b) All time during which an employee is suffered or permitted to work.

SEC. 4. Principles in Determining Hours Worked - The following general principles shall
govern i_n determining whether the time spent by an employee is considered hours worked
for purposes of this Rule:
al All hours are hours worked which the employee is required to give to his employer,
regardless of whether or not such hours are spent in productive labor or involve
physical or mental exertion ;
b) An employee need not leave the premises of t he work-place in order that his rest period
shalt not be counted, it being enough that he stops working, may r.est completely and
may leave his workplace, to go elsewhere, whether within or outside the premises of
his workplace;
c) If the work performed was necessary, or it benefited the employer, or the employer. or
the employee could not abandon his work at the end of his normal working hours
because he had no replacement, all time spent for such work shall be considered as
hours worked, if the work was with the knowledge- of the employer or immediate super-
visor ;
d) The time during which an employee is inactive by reason of interrupting in his work
beyond his control shall be considered working time either if the imminence of the
resumption of work requires the employees' presence at the place of work or if the in- .
terval is too brief to be utilized effectively and gainfully in the employee:s own interest.

SEC. 5 . Waiting Time


a) Waiting time spent by an employee shall be considered as working time if waiting is an
integral part of his work or the employee is required or engaged by the employer to
wait.
b) An employee who is required to remain on call in the employer's premises or so close
thereto that he cannot use the time effectively and gainful\y for his own purpose shan
be considered as working while on call. An employee who is not required to leave word
at his home or with company officials where he may be reached is not working while on
call.

SEC. 6. Lectures. Meeting, Training Programs - Attendance at lectures, meeting, training


programs, and other similar activities shaH not be counted as -working t ime if all of the
following conditions are met:
al Attendance is outside of the employee's regulaf working hours;
b} Attendance is in fact voluntary; and
c) The employee does not perform any productive work during such attendance.

SEC. 7. Meal and Rest Periods - Every employer shall give his employees, regardless of sex,
not less than one ( 1} hour time-off for regular meals, except in the following cases when a
meal period of not less than twenty {20} minutes may be given by the employer provided
that such meal period is credited as compensable hours worked of the employee:
a) Where the work is not-manual work in nature or does not involve strenuous physical
exertion;

132
b) Where the establishment regularly operates not less tnan sixteen hours a day;
c) In cases of actual or impending emergencies or there is an urgent work to be performed
on machineries, equipment or installations to avoid serious loss which the employer
would otherwise suffer. and
dl Where the work is necessary to prevent serious loss of perishable goods.
Rest periods or coffee breaks, running from five (5) to twenty {20) minutes shall be con-
sidered as compensable working time.

SEC. 8. Overtime Pay -Any employee covered by the Rule who is permitted or required to
work beyond eight (8) hours on ordinary working days shall be paid an additional compen-
sation for the overtime work in an amount equivalent to his regular wage plus at least
twenty-five percent (25%1 thereof.

SEC. 9. Premium and Overtime pay for holiday and rest day work.
a) Ex-cept employees referred to under Section 2 of this Rule, an employee who is permit-
ted or suffered to work on special holidays or em his designated rest days not falling on
regular holidays. shall be paid with an additional compensation as premium pay of not
less than thirty percent {30%) of his regular wage. For work performed in excess of
eight (8) hours on special holidays and rest days not falling on regular holidays, an
employee shall be paid an additional compensation for the overtime work equivalent to
his rate for the first eight hours on a special holiday or rest day plus at least thirty per-
cent (30%) thereof.
b~ Employees of public utility enterprises as wei: as those employed in non-profit institu-
tions and organizations shall be entitled to the premium and overtime pay provided
herein, unless they are specifically excluded from the coverage of this Rule as provided
in Section 2 hereof.
cl The payment of additional compensation for work performed or regular holidays shall
be governed by Rule IV, Book 111, of these Rules.

SEC. 10. Compulsory Overtime Work - In any of the following cases, an employer may
require any of his employees to work beyond eight {8) hours a day, provided that the
employee required to render overtime work is paid the additional compensation required
these regulations: ·
a) When the country is at war or when any other national or local emergency has been
declared by the National Assembly or the Chief Executive;
b) When overtime work is necessary to prevent loss of life or property, or in case of
imminent danger to public safety due to actual or impending emergency in the locality
caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other
disaster or calamaties;
cl When there is urgent work to be performed on machines, installations, or equipment, in
order to avoid serious loss or damage to the employer or some other causes of similar
nature;

NIGHT-SHIFT DIFFERENTIAL
SEC. 1. Coverage - This Rule shall apply to all employees. except:
a} Those of the government and any of its political subdivisions, including government-
owned and/or controlled corporations; ·

133
b) Thos.e of retail and service establishments regularly employing not more than five (5}
workers;
c) Domesti c helpers and persons in the personal service of another;
d} Managerial employees as defined in Book 1 11 of this Code;
e} Field personnel and other employees whose time and performance is unsupervised by
the employer. including those who are engaged on task or contract basis, purely com~
mission basis, or those who are paid a fixed amount for performing work irrespective of
the time consumed in the performance thereof.

SEC. 2. Night Shift Differential - An employee shall be paid night shift differential of no less
than ten percent ( 10% l of his regular wage for each hour of work performed. between ten
o'clock in the evening and six o'clock in the morning.

SEC. 3. Additional Compensation - Where an employee is required or suffered to work on


the period covered after his work schedule, he shall be entitled to his regular wage plus at
least twenty-five percent (25%) and an additional amount of no less than ten percent
( 1 0%) of such overtime rate for each hour of work performed between 10 p.m. to 6 a.m.

SEC. 4. Additional Compensation on Scheduled Rest Day/Special Holiday - An employee


who is required or permitted to work on the period covered during rest days and/ or special
holidays not falling on regular holidays, shall be paid a compensation equivalent to his
regular wage plus at least thirty per cent 130%) and an additional amount of not less than
ten percent I 10 % l of such premium pay rate for each hour of work performed.

SEC. ~. Additional Compensation on Regular Holidays - For work on the period covered
during regular holidays, an employee shall be entitled to his regular wage during these days
plus an additional compensation of no less than ten per cent (10%) of such premium rate
for each hour: of work performed.

SEC. 6. Relation to agreements - Nothing in this Rule shall justify an employer in withdraw-
ing or reducing any benefits, supplements or payments as provided in existing individual or
collective agreements or employer practice or policy.

WEEKlY REST PERIODS


SEC. 1 . General statement on Coverage - This Rule shall apply to any employers whether
operating for profit or not, including public utilities operated by private persons.

SEC. 2.. Business or Sundays/Holidays - All establishments and enterprises may operate or
open for business on Sundays and holidays provided that the employees are given the
weekly rest day and the benefits as provided in this Rule.

SEC. 3. Weekly rest day - Every employer shall give his employees a rest period of not less
than twenty-four (24) consecutive hours after every six consecutive normal work days.

SEC. 4. Preference of Employee - The preference of the employee as to his weekly day -of
rest shall be respected by the employer if the same is based on religious grounds. The
employee shall make known his preference to the employer in writing at least seven 17)
days before the desired effectivity of the initial rest day so preferred.
Where, however, the choice of the employees ·as to their rest day based on religious
grbunds will inevitably result in serious prejudice or obstruction to the operations of the
undertaking and the employer cannot normally be expected to resort to other remedial

134
measures, the employ~r may so schedule the weekly rest day of their choice for at ieas:
two (2) days in a month. .

SEC. 5. Schedule of rest Day -


al Where the weekly rest is given to all employees simultaneously, the employer shall
make known such rest period by means of a written notice posted conspicuously in the
workplace at least one week before it becomes effective.
bl Where the rest period is not granted to all employees simultaneously and collectively.
the employers shall make known to the employees their respective schedule of weekly
rest through written notices posted conspicuously in the workplace at least one week
before they become effective.

SEC. 6. When work on Rest Day Authorized - An employer may require any of his
employees to work on his scheduled rest day for the duration of the following emergency
and exceptional conditions:
a) In case of actual or impending emergencies caused by serious accident, fire, flood,
typhoon, earthquake. epidemic of other disaster or calamity, or prevent loss of life or
property, or in cases of force maieure or imminent danger to public safety;
b) In case of urgent work to be performed on machineries, equipment or installations, to
avoid serious loss which the employer would otherwise suffer;
c) In the event of abnormal pressure of work due to special circumstances . where the
employer cannot ordinarily be expected to resort to other measures.
d) To prevent serious loss of perishable goods:
e) Where the nature of the work is such that the employees have to work continuously for
seven (7} days in a week or more, as in the case of the crew members of a vessel to
complete a voyage and in other similar cases; and
f) When the work is necessary to avail of favorable weather or environmental conditions
where performance or quality of work is dependent -thereon.
No employee shall be required. against his will to work on his scheduled rest day except
under circumstances provided in this Section, however, that where an employee
volunteers to work on his rest day under other circumstances, he shall express such desi~e
in writing, subject to the provisions of Section 7 hereof regarding additional compensation.

SEC. 7. Compensation on Rest Day/Sunday/Holiday -


a) Except those employees referred to under Section 2, Rule 1, Book l11, an employee
who is made or permitted to work on his scheduled rest day shall be paid with an addi·
tiona\ compensation of at least 30% of his regular wage. An employee shall be entitled
to such additional ~ompensation for work performed on a Sunday only when it is nis
established test day.
b) Where the'nature of the work of the employee is such that he has no regular work days
and no regular rest days can be·scheduled, he shall be paid an additional compensatiqn
of at least 30% of his regular wage for work performed on Sundays and holidays.
c) Work performed on any special holiday shall be paid with an additional compensation of
at least 30% of the regular wage of the employees. Where such holiday work falls on
the employee's scheduled rest day, he shall be entitled to additional compensation of at
least 50% of his regular wage.
d) The payment of addit ional compensation for work performed on regular holiday shall
be governed by the Rule IV, Book 111 , of these regulations.

135
el Where the collective bargaining· agreement or other applicable employment contract
stipulates the payment of a higher premium pay than that prescribed under this Sectio n
the employer shall pay such higher rates.

SEC. 8. Paid Off-Days - Nothing in this Rule shall justify an employer in reducing the
compensation of his employees for the unworked Sundays, holidays, or other rest days
which are considered paid off-days or holidays by agreement or practice subsisting upon
the effectivity of the Code.

SEC. 9. Relation to Agreement - Nothing herein shall prevent the employer and his
employees or their representatives from entering into any agreement with terms more
favorable to the employees than those provided herein or to be used to diminish any
benefit granted to the employees under existing laws, agreements, and voluntary employer
practices.

HOLIDAYS WITH PAY


SEC. 1 . Coverage - The rule shall apply to all employees except :
a) Those of the government and any of the political subdivisions including government·
owned and controlled corporations;
b) Those of retail and service establishments regularly employing less than ten { 1OJ
workers;
c) Domestic helpers and persons in the personal service of another;
d) Managerial employees as defined in Book 11 1 of the Code;
e) Field personnel and other employees whose time and performance is unsupervised by
the employer including those who are engaged on task or contract basis. purely com-
mission basis, or those who are paid a fixed amount for performing work irrespective of
the time consumed in the performance thereof.

SEC. 2. Status of Employees paid by the month - Employees who are uniformly paid by the
month, irrespective of the number of working days therein with a salary of not less than
the statutory or established minimum wage shall be presumed to be paid for all days in the
month whether worked or not.
For this purpose, the monthly minimum wage shall not be less than the statutory minimum
wage multiplied by 365 days divided by twelve.
SEC. 3. Holiday Pay - Every employer shall pay his employees their regular daily wage for
cmy unworked regular holiday.
As used in the Rule, the term' 'holiday'' shall exclusively refer to: New Year' s Day, M aundy
Thursday, Good Fridays, the ninth of April, the first of May, the twelfth of June, the fourth
of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day
designated by law for a general election or national referendum or' plebiscite.

SEC. 4. Compensation for Holiday Work - Any employee who is permitted or suffered to
work on any regular holiday, not exceeding eight "(8) hours, shall be paid at least two hun-
dred percent (200%) based on his regular wage rate.

SEC. 5. Overtime pay for Holiday Work - For work performed in excess of eight hours on a
regular holiday, an employee shall be paid an additional compensation for the overtime
work equivalent to his rate for the f irst eight hours on such holiday work plus at ·least 30%
thereof.

1:}(-j
Where the Regular holiday work exceeding eight hours falls on the scheduled rest day of
the employee, he shall be paid an additional compensation for the overtime work
equivalent to his regular holiday-rest day for the first 8 hours plus 30% thereof. The
regular holiday rest day rate of an employee shall consist of 200% of his regular daily wage
rate plus 30% thereof.
SEC. 6. Absences -
a) . All covered employees shall be ~ntitled to the benefit provided herein when they are on
leave of absence with pay . Employees who are on leave of absence without pay on the
day immediately preceding a regular holiday. may not be paid the required holiday pay if
he has not worked on such regular holiday.
b) Employees shall be granted the same percentage of the holiday pay as the benefit
granted by competent authority in the form of employee's compensation or social
security payment, whichever is higher, if they are not reporting for work while on such
benefits .
c) Where the day immediately preceding the holiday is a non-working day in the establish-
ment or the scheduled rest day of the employee, he shall not be deemed to be on leave
·::lf absence on t hat day, in which the case he shall be entitled to the holiday pay if he
worked on the day immediately preceding the non-working day or rest day.

SEC. 7. Temporary or periodic Shutdown and Temporary Cessation of Work -


a) In cases of temporary or periodic shut down and temporary cessation of work of an
establishment, as when a yearly inventory or when the repair or cleaning of
machineries and equipment is undertaken, the regular holidays falling within the period
shall be compensated in accordance with this Rule.
b) The regular holiday during the cessation of operation of an enterprise due to business
reverses as authorized by the Secretary of Labor may not be paid by the employer.
SEC. 8. Holiday Pay of Certain Employees -
a) Private school teachers, including faculty members. of colleges and universities, may
not be paid for the regular holidays during semestral vacations. They shall, however , be
paid tor the regular holidays during Christmas vacation.
b) Where a covered employee is paid by results or output , such as payment on piece
work, his holiday pay shall not be less than his average daily earnings for the last seven
{7) actual working days preceding the regular holiday; Provided, however, that in no
case shall the holiday pay be less than the applicable statutory minimum wage·rate.
c) Seasonal workers may not be paid the required holiday pay during off-season when
they are not at work.
d) Workers who have no regular working days shall be entitled to the benefits provided in
this Rule.
SEC. 9. Regular Holiday Falling on Rest Days or Sundays
a) A regular holiday falling on rest day shall be compensated accordingly.
bl Wher~ a regular ryoliday falls on a Sunday , the following day shall be considered a
special holiday for purposes of the Labor Code, unless said day is also a regular holiday.
SEC. 1 0. Successive Regular Holidays - yYhere there are two {21 successive r.egular
holidays, like Holy Thursday and Good Fridays, an employee may not be paid for both
holidays if h.e absents himself from work on the day immediately preceding the first holi-
day, unless he works on the fir st holiday, in which case he is entitled to his holiday pay on
the second holiday.

137
SEC. 11 . Relation to Agreements - Nothing in this Rule shall justify an employer in with-
drawing or reducing any benefits, supplements or payments for unworked holidays as pro-
vided in existing individual or collective agreement or empl0yer practice or policy.

SERVICE INCENTIVE LEAVE


SEC. 1. Coverage - This rule shall apply to all employees except:

a) Those of the governmen t and any of its political subdivisions, including government-
owned and con tro lled corporations;
b) Domestic helpers and persons in the personal service of another;
cl M anagerial employees as defined in book 111 of this Code;
dl Field personnel and other employees whose performance is un su pervised by the
employer including those who are engaged on task or contract basis, purely commis·
sion basis, or those who are paid in a fixed amount for performing work irrespective of
the time consumed in the performance there of;
e) Those who are already enjoying the benefit herein provided;
f} Those enjoying vacation leave with pay of at least five days; and
gl Those employed in establishments regularly employing less than ten employees.

S~C . 2. Right to Service Incentive Leave - Every employee who has rendered at least one
year of service shall be entitled to a yearly service incentive leave of five days with pay.
SEC. 3 . Definition of Certain Terms - The term "at least one year service" shall mean ser-
vice within 12 months, whether continuous or broken reckoned from the date the
employee started working, inc luding authorized absences and paid regular holidays unless
the working days in the establi shments as a matter of practice or policy, o r that provi ded in
the employment contract is less than 1 2 months, in which case said period shall be
considered as one year.
SEC. 4. Accrual of benefit - Entitlement to the benefit provided in this Rule shall start
December 18, 19 75, the date the amendatory provision of the Code took effect .

SEC . 5. Treatment of Benefit -- The service incentive leave shall be commutable to its money
equivalent if not used or exhausted at the e1'd of the year.
SEC . 6. Relation to Agreements - Nothing in the Rules shall justify an employer ,from
withdrawing or reducing any benefits, supplements or payments as provided in existing
individual or collective agreements or employer's practices or policies.

APPENDIX "A"

13TH MONTH PAY


PRESIDENTIAL DECREE NO. 851 *

REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A


13TH-MONTH PAY
WHEREAS, it is necessary to further protect the level of real wages from the ravage of world-
wide inflation;

WHEREAS; there has been no increase in the legal minimum wage rates since 1970;

13H
. WHEREAS , the Christmas season is an opportune time for society to show its concern for the
plight of the working masses s~ they may properly celebrate Christma:3 and New Year.
NOW, THEREFORE, I FERDINAND E. MARCOS, by virtue of the powers vested in me by the
Constitution do hereby decree as follows:

SECTION 1. All employers are hereby required to pay all their employees receiving a basic
salary of not more than PJ1 ,000 a month, regardless of the nature of their employment; a
13th:month pay not later than .Oecember 24 or every year.
SEC. 2. Employers already paying thP.ir employees a 13-month pay of its equivalent are not
covered by this Decree.
SEC. 3. This Decree shall take effect immediately.
Done in the City of Manifa . this 16th day of December, 1975.

RULES AND REGULATIONS IMPLEMENTING


PRESIDENTIAL DECREE NO. 851
By virtue of the powers vested in me by law, the following rules and regulations implemen-
ting Presidential Decree No. 8 51 are hereby issued for the guidance of all concerned.
SEC. 1. Payment of 13-month pay- All employers covered by Presidential Decree No. 851,
hereinafter referred to as the "Decree," shall pay to all their employees receiving a basic
salary of not more than 11'1,000 a month a thirteenth-month.pay r·lOt later than December
24 of every year.
SEC . 2. Definition of certain terms - As used in this issuance -
a) "Thirteenth-month pay" shall mean one twelth (1/12 ) of the basic salary of an
employee within a calendar year;
b) "Basic salary" shall include all remunerations or earnings paid by an employer to an
employee for services rendered but may not include cost-of-living allowances granted
pursuant to Presidential Decree No. 525 or Letter of instructions No. 174, profit-
sharing payments, and all allowances and monetary benefits which are not considered
or integrated as part of the regular or basic salary of the employee at the time of the pro-
mulgation of the Decree on December 16, 1 9 7 5.

SEC. 3. Employers covered - The Decree shall apply to all emplo.yers except for to:
a) Distressed employers, such as (1) those which are currently incurring substantial
losses or (2) in the case of non-profit institution6 and organizations, where their in-
come, whether from donations, contributions, grants and other earnil"gs from any
source. has consistently declined by more than forty (40%) percent of their normal in-
come for the last twc !2l years, subject to the provision of Section 7 of this issuance;
b) The Government and .any of its political subdivisions, including government-owned and
controlled corporations operating essentially as private subsidiaries of the Government;
c) Employers already paying their employees 1 3th-month pay or more in a calendar year
or its equ ivalent at the time of th is issuance;
d) Employers of those who are paid on purely commission, boundary, or task basis, and
those who are paid a fixed amount for performing a specific work. irrespective of the
time consumed in the performance thereof; except there the workers are paid on piece-
rate basis in which case the employer shalt be covered by this issuance insofar as such
workers are concerned.

1.'·i: f
As used herein , workers pa1d on piece-rate basis shall refer to those who are paid a
standard amount for every piece or unit of work produced that is more or less regularly
replicated, without regard to the time spent in producing the same.
The term "its equivalent" as used in paragraph (c) hereof shall include Christmas
bonus, mid-year bonus: profit-sharing payments and other cash bonuses amounting to not
less than 1/12 of the basic salary but shall not include cash and stock dividends, cost of
living allowances and all other allowances regularly enjoyed by the employee, as well as
non-monetary benefits. Where an employer pays less than 1I 12 of the employee's basic
salary, the employer shall pay the difference.

SEC. 4. Employees Covered - Except as provided in Section 3 of this issuance, all


employees of covered employers shall be entitled to benefits provided under the Decree
who are receiving not more than 111 .000 a month, regardless of their position, designation
or employment status, and irrespective of the method by which their wages are paid, pro-
vided that they have worked for at least one month during the calendar year.

SEC. 5. Option of covered employers - A covered employer may pay one-half of the 13th
month pay required by the Decree before the opening of the regular school year and the
other half or on or before the 24th day of December of every year.
In any establishment where a union has been recognized or certified as the collective
bargaining agent of the employees therein, the periodicity or frequency of pavm.ent of the
13th-month pay may be the subject of agreement.
Nothing herein shall prevent employers from giving the benefits provided in the Decree
to their employees who are receiving more than One Thousand 1,.1,000} Pesos a month or
benefits higher than those provided by the Decree.

SEC. 6. Special features of benefit - The benefits granted under this issuance shall not be
credited as part of the regular wage of the employees for purposes of determining overtime
and premium pay, fringe benefits as well as premium contributions to the State Insurance
Fund, social security, medicare and private welfare and retirement plans.

SEC. 7. Exemption of Distressed Employers - Distressed employers shall quality for exemp-
tion from the requirement of the Decree upon prior authorization by the Secretary of Labor.
Petitions for exemptions may be tiled with the nearest regional office having jurisdiction
over the employer not later than January 15, 1976. The regional officers shalt transmit the
petitions to the Secretary of Labor within 24 hours from receip~ thereof.

SEC. 8. Report of compliance - Every covered employer shall make a report of his com-
pliance with the Decree to the nearest regional labor office not later than January 1 5, of
each year.

The report shall conform substantially with the following form:


REPORT ON COMPLIANCE WITH P.O. NO. 851
1. Name of establishment
2. Address
3. Principal product or business
4. Total employment
5. Total number of workers benefited
6. Amount granted per employee
7. Total amount of benefits granted
8. Name, position and tel. no. of person giving information

t40
SEC. 9. Adjudication of Claims - Non-paym ent of the thirteenth-month pay provided by the
Decree and these rules shall be treated as money claims cases and shall .be processed in ac-
cordance w ith the Rules and Regulations Implementing the Labor Code of the Philippines
and the Rules of the National Labor Relations Commission.
SEC. 10. Prohibition against reduction or elimination of benefits - Nothing herein shall be
construed to authorize any employer to eliminate, or diminish in any way, supplements. or
oth~r employee benefits or favorable practice being enjoyed by the employee at the time of
promulgation of this i ssuance.
SEC. 11. Transitory Provision - These rules and regulations shall take effect immediately
and for purposes of the 13th-month pay of 1975. the same shall apply only to those who
are employees as of December 16, 1975.
Manila, Philippines, 22 December 1975.
(S·GD.I BLAS F. OPLE
Minister

SUPPLEMENTING RULES AND REGULATIONS IMPLEMENTING


P.O. NO. 851
To insure uniformity in the interpretation, application and enforcement of the provi-
s·lons of P.O. No. 851 and its implementing regulations, the following clarifications are
hereby made for the information and guidance of all concerned :
1. Contractors and Subcontractors, including· Security and Watchman Agencies, are ex-
empt for the year 1975 subject to the following conditions:
a) That the contr actors of such enterprises were ent ered into before December 16,
1975;
b) That such enterprises have complied with all labor standards law during the year;

c) That the contract does not provide for cost escalation clause.
d) That the contract cannot really accommodate 13th-month pay or its equivalent;
and
2. Private school teachers, including faculty members of colleges and universities, are en-
titled to 1/ 1 2 of their annual basic pay regardless of the number of months they t each
or are paid within a year.
3. New establishments operating for less than one year are not covered except sub·
sidiaries or branches of foreign and domestic corporations.
4. Overtime pay , earnings and other remunerations which are not part of the basic salary
shall not be included in the computation of the 13th-month pay.
5. In view of th e lack of sufficient time for the dissemination of the provisions of P. D. No.
8 51 and its Rules and the .unavailability of adequate cash flow due to the long holiday
season, complianc e and reporting of compliance with this decree are hereby extended
up to March 31, 1 9 7 6 except in private schools where compliance for 1 9 7 5 may be
made not later than 30 June 1 9 7 6 .
6. Nothing herein shall sanction the withdrawal or diminution of any compensation,
benefits or any supplements being enjoyed by the employees on the effective date of
this issuance.
Manila, January 16, 1976.
(SGD.) BLAS F. OPLE
Minister
141
APPENDIX "B"

SOCIAL SECURITY LAW


REPUBLIC ACT NO. 1161, AS AMENDED
Be it enacted by the Senate . and House of Representatives of the Philippines in Congress
assembled.

SEC. 1. Short title - This Act shall be known as the "Social Security Law" (As amended by
Sec. 1 Pres. Decree No . .24 S-1972).
SEC. 2 . Declaration of Policy - It is the policy of the Republic of the Philippines to establish,
develop promote and perfect a sound and viable tax-exempt social security service suitable
to the needs of the people throughout the Philippines which shall provide to cover
employees and their families protection against the hazard s of disability, sickness, old age,
and death, with a view to promoting their well-being in the spirit of social justice. (As
amended by Sec. 1 RA 1792 and Sec . 2 Pres. Decree No. 24 , S-1972 )

A. ADMINISTRATION
SEC. 3. Social Security System - a) To carry out the purposes of this Act, the Social Security
System with principal place of business in Metro Manila, Philippines, is hereby created.
The SSS shall be under the general supervision of a Social Security Commission composed
of the Secretary of Labor, the SSS Administrator and six appointive members, two of
· whom shall represent the labor group . Two, the management group and two, the general
public, to be appointed by the President of the Philippines. The Chairman of the Commis-
sion shall be designated by the President from among its members. The term of the appoin-
tive members shall be three. Provided, that the terms of the first six appointive members
shall be one, two and three years· for every two members, respectivelY.. All vacancies ex-
cept through the expiration of the term, shall be filled for the unexpired term only . The ap-
pointive members of the Commission shall receive two hundred pesos per diem for each
meeting actually attended by them. Provided, that no compensation shall be p~id for more
than eight meetings a month. lAs amended by Sec. 2 RA 1792; Sec. 1 RA 2658; Sec. 1
RA 4857; Sec. 3, Pres. Decree No. 24 S-1972; Sec. 1 Pres . Decree No. 347, S-1973;
Sec. 1 Pres. Oecreee No. 735, S-1975 and Sec. 1 Pres. Decree No. 1202 S- 19771.

C. Scope of the System

SEC . 9 Compulsory Coverage. - ta) Coverage in the SSS shall be compulsory upon all
employees not over sixty years of age and their employers: Provided, That any benefit
already earned by employees under private benefit plans existing at the time of the ap-
proval of this Act shall not be disconti_nued , reduced or otherwise impaired : Provided fur-
ther. That private plans which are existing and in force at the time of compulsory coverage
shall be integrated with the plan of the SSS in such a way where the employer' s contribu-
tion to his private plan is more than that required of him in this Act he shall pay to the SSS
only the contribution required of him and he shall continue his contribut ion to his private
benefit plan and to the Social Security System shall be the same as his contribution to his
private plan before the compulsory coverage . Provided, further, That any changes, ad-
justments, modifications, eliminations or Improvements in the benefits to be available
under the remaining private plan, which may be necesary to adopt by reason of the reduc·
ed contribution thereto as a result of the integration. shall be subject to agreements bet-
ween the employers and employees concerned: Provided further. That the private benefit
plan which the employer shall continue for his employees shall remain under the
employer's management and control unless there is an existing agreement to the contrary:

142
Provided, finally, That nothing in this Act shall be construed as a limitation on the right of
employers and employees to agree on and adopt benefits which are over and above those
provided under this Act. !As amended by Sec . 5. RA 1972; Sec. 5, RA 2658 and Sec. 2.
(b) Filipinos recruited in the Philippines by foreign based employers for employment
abroad may be covered by the SSS en a voluntary basis . (As amended by Sec. 2. Pres.
Decree No. 177, S-1 973 and Sec. 6 Pres. Decree No. 735, S-1975).

SEC. 9 -A Compulsory Coverage or the Self-Employed - Coverage in the SSS shall also be
compulsory upon all self-employed persons earning P1 ,800 or more per annum;_Provided ,
That the effectivity of the coverage of certain groups of self-employed shall be determined
by the Commission under such rules and regulations it may prescribe; Provided, further
That the effectivity of the coverage of the following self-employed persons shall be in
accordance with Section 10 (b) thereof.
1 . All self-employed professionals licensed by the Professional Regulations Commission
or those licensed to practice law.
2. Partner and single proprietors of businesses.
3. Actors and actresses, directors, script writers and new correspondents who do not fall
within the definition of the term " employee" in Section 8 (d} of this Act.
4. Professional athletes, coaches, trainers licensed by the Games and Amusement Board
as well as jockeys and trainers licensed by the Philippine Racing Commission.
Unless otherwise specified herein. all provisions of the SSS Law applicable to covered
employees shall also be applicable to the covered self-employed persons . (As amended by
Sec. 3, Pres. Decree No. 1636, S-1979) .

SEC. 10 Effective date of Coverage- Compulsory coverage of the employer shall take effect
on the first day of his operation and that of the employee on the day of his employment:
Provided; that the compulsory coverage of self-employed persons referred to in paragraphs
( 1) to (4} shall take effect on the first day of January following the calendar year they
started the practice of their profession or business operations but in no case earlier than
January 1, 1980. (As amended by Sec. 6, RA 1792; Sec. 6. RA 2 658 and Sec. 4, Pres.
Decree No. 1636, S-1979).

SEC. 11. Effect of Separation from Employment - When an employee under compulsory
coverage is separated from employment, his employer's contribution on his account and
his obligation to pay contribution arising from that employment shall .be credited with all
contributions paid on his behalf and entitled to benefits according to the provisions of this
Act. He may, however, continue to pay the total contributions to maintain his right to full
benefit. (As amended by Sec. 4 RA 4857 and Sec. 1: Pres. Decree No. 735, S- 1975).

SEC. 11-A. Effect of Interruption of Business or Professional Income - if the self employed
realizes no net professional or business income in any calendar year. however, be allowed
to continue paying contributions under the same rules and regulations applicable to
separated covered employees . (As amended by Sec. 5, Pres. Decree No . 1636 S-1979).

D. BENEFITS
SEC. 1 2. Monthly Pension - (a) The monthly pension shall be the sum of the following:
The average monthly sa lary credit multiplied by the replacement ratio; and year of ser·
vice in excess of ten years.
b) The monthly pension shall in no case be less than one hundred twenty pesos. nor
paid in an aggregate amount of less than sixty times the monthly pension except to a

143
secondary beneficiary: Provided, That the monthly pension of surviving pensioners shall be
increased by twenty percent. (As amended by Sec. 7, RA 1 792; Sec. 7, RA 2658; Sec. 5,
AA 4857; Sec. 6, Pres. Decree No. 24; Sec. 3, Pres. Decree No. 1 77; Sec. 8, Pres. Decree
No. 735, S- 197 5; Sec. 2, Pres. Decree No. 1202. S-1977 and Sec. 6, Pres. Decree No.
1639, S-1979).

SEC. 12-A. Dependents pension - The dependent's pension shall be equivalent to ten per-
cent of the monthly pension for each dependent child but not exceeding five, beginning
with the youngest and without substitution. CAs amended by Sec . 3, Pres. Decree No.
1202; S-1977.).

SEC. 12·8. Retirement benefits - (a) A covered employee who had paid at least one hundred
twenty monthly contributions prior to the semester of retirement; and who ( 1) has reached
the age of sixty years and is not receiving a monthly compensation of at least three hu!'-
dred pesos, or (2) has reached the age o~ sixty-five years, shall be entitled for as long as he
lives to the monthly pension. Provided, That his dependents born before f)is retirement of
marriage subsisting when he was fifty-seven years old shall be entitled to the dependents'
pension. (As amended by Sec. 4, Pres. Decree No. 1202, S-1977).
(bl A covered member who is sixty years old at retirement and who does not qualify
for pension benefits under paragraph (a} above, shall be entitled to a lump sum benefit
equal to the total contributions paid by him and on his behalf; Provided, That he is
separated from employment and is not continuing payment of contributions to the SSS on
his own.
(c) The monthly pension shall be reduced upon the re-employment of a retired
employee who is less than sixty-five years old by an amount equivalent to one-half his ear-
nings over three hundred pesos. He shall again be subject to section eighteen and his
employer to section nineteen of· this Act. (As amended by Sec . 7, RA 1 792; Sec. 7, AA
2658; Sec. 6 Pres. Decree No. 24, Sec. 3, Pres. Decree No. 177; Sec. 8, Pres. Decree No.
735; $ec. 4. Pres . Decree No. 1202 and Sec. 7 Pres. Decree No. 1636, S-1979).
(d) Upon the death of the retired employee pensioner, his primary beneficiaries shall
be entitled to eighty percent of the monthly pension, and his dependents to the
dependent's pension: Provided, That if he has no primary beneficiaries and he dies within
sixty months from the start of his monthly pension, his secondary beneficiaries shall be en-
titled to a lump sum benefit equivalent to the smaller of { 1) twenty times the monthly pen-
sion or (2) the difference of sixty times the monthly pension and the total monthly pen-
sions payed by the SSS excluding the dependents' pension. (As amended by Sec. 7 Pres.
Decree No. 1636, S- 1979).

SEC. 13. Death Beneficiaries - Upon the covered employee' s death, his primary
beneficiaries shall be entitled to the monthly pension and his dependents to the depen-
dents pension : Provided, That he has paid at least thirty-six monthly contributions prior to
the semester of death. Provided, further, That if the foregoing condition is not satisfied his
primary beneficiaries shall be entitled to a lump sum benefits equivalent to twenty times
the monthly pension: Provided, however, that the minimum death minimum death benefit
shall not be less than the total contributions paid by him and his employer on his behalf nor
less than one thousand pesos : Provided. finally, That the beneficiaries of the covered
employee who dies without having paid at least three monthly contributions shall be en-
titled 'to the minimum benefit. lAs amended by Sec. 5, Pres. Decree No. 1202, S-1977
and Sec. 8 , Pres. Decree No. 1636, S-1 979} .

SEC. 13-A. Permanent disabitity benefits - {a} Upon the covered employee's permanent
total disability. if such disability occurs after he had paid at least thirty-six monthly con-
tributions prior to semester of disability, he shall be entitled to the monthly pension and his

144
dependents to the dependent's pension: Provided, That if the disability occurs before he
has paid thirty-six monthly contributions prior to the semester of disability, he shall be en-
titledto a lump sum benefits equivalent to thirty-five times the monthly pension: Provided,
further, That the minimum disability benefit shall not be less than the total contributions
paid by him and t)is employer on his behalf nor less than one thousand pesos: Provided, fur-
ther, That a covered employee who becomes permanently totally disabled without having
paid at least three monthly contributions shall be entitled to the minimum benefit: Pro·
vide.d, finally, That a member who ( 1 I received a lump sum benefit and (2) is .re-employed
not earlier than one year from the date of his disability shall again be subject to com-
pulsory coverage and considered a new member, (As amended by Sec. 6. Pres. Decree No.
1202, S-1977).
)b)· The monthly pension shall be reduced upon his re-employment by an amount
equivalent to one·half of his earnings over three hundred pesos. The monthly pension and
dependents' ·pension shall be suspended upon his recovery from the permanent· total
disability, or his failure to present himself for examination at least once a year upon notice
by theSSS, (As amended by Sec. 6, Pres. Decree No. 1202, S-1977 and Sec. 9, Presiden-
tial Decree No. 1636. S- 19791
(c) Upon the death of the permanent total disability pensioner, his primary
beneficiaries shall be entitled to eighty percent of the monthly pension and his dependents
to the dependents' pension. Provided, That if he has no primary heMficiaries and he dies
within sixty month s from the start of his monthly pension, his secondary beneficiaries
shall be entitled to a lump sum benefit equivalent to the smaller of ( 11 twenty times the
monthly pension or (2) the difference of sixty times the monthly pension and the total
monthly pensions paid by his SSS excluding the dependents' pension (As amended by
Sec. 9 Pres. Decree No. 1636, S· 1 979}.
(d) The following disabilities shall be deemed permanent total:
1. Complete loss of sight of both eyes.
2. Loss of two limbs at or above the ankle or wrists;
3. Permanent complete paralysis of two limbs;
4. Brain injury resulting to incurable imbecility or insanity; and
5. Such cases as determined and approved by the'SSS, {As amended by Sec. 9, Pres.
Decree No. 1636, S-1979).
(e) If the disability is permanent partial, and such disability occurs before thirty-six
monthly contributions have been paid prior to the semester of disability, the benefit shall
be such percentage of the lump sum benefit described in the preceding paragraph with due
regard to the degree of disability as the Commission may determine. (As amended by Sec.
9, Pres. Decree No. 1636, S-1979).
{f) If the disability is permanent partial, such disability occurs after thirty-six monthly
contributions have· been paid prior to semester of disability, the benefit shafl be the
monthly pension for permanent total disability payable not longer than the period
designated in the following schedule:

COMPLETE AND PERMANENT NUMBER OF


LOSS OF USE OF MONTHS
One thumb 10
One index finger 8
One middle finger 6
One ring finger 5
One little finger 3
One big toe 6
One hand 39

145
One arm 50
One foot 31
One leg 46
One ear 10
Both ears 20
Hear_ing of one ear 10
Hearing of both ears 50
Sight of one eye 25
(As amended by Sec. 10, Pres. Decree No. 735, S-1975 and Sec. 9 , Pres . Decree No .
1636. S-1979}.
(g) The percentage degree of disability, which is equivalent to the ratio that the
designated number of months of compensability bears to seventy-five, rounded to the next
higher integer, shall not be additive for district separate and unrelated permanent partial
disabilities, to a maximum of one hundred percent, in which case the employee shall be
deemed as permanently totally disabled . (As amended by Sec . 9 . Pres. Decree No . 1636,
S-1 979).

SEC. 13·8. Funeral Benefit. - A funeral grant of seven hundred fifty pesos shall be paid to
help defray -the cost of funeral expenses upon the death of a covered member, permanently
totally disabled employee or retiree. !As amended by Sec. 11. Pres. Decree No. 735.
S-1975).

SEC. 14. Sickness Benefit. - (a) A covered employee who has paid at least three monthly
contributions in the twelve-month period immediately preceding the semester of the
sickness and is confined for more than three days in a hospital or elsewhere with Commis-
sion's approval, shall for each day of compensable confinement or fraction thereof be paid
by his employer, or the SSS . if such person is unemployed,,an allowance equivalent to
eighty-five percent of his average daily salary credit, sub)ect to the .following conditions.
(1) In no case shall the total amount of such daily allowance be less than four pesos nor
exceed twenty pesos nor paid longer than one hundred twenty days in one calendar
year, nor shall any unused portion of the one hund~ed twenty. days of sickness benefit
granted under this section be carried forward and added to the total number of com-
pensable days allowable in the subsequent year;
(2) No employee shall be paid any sickness be.neflt for more than two hundred forty days
on account of the same confinement; and
(3) The employee shall notify his employer of the fact of his sickness or injury within five
calendar days after the start of his confinement unless such confinement is in a
hospital or the employee became sick or was injured while working or within the
premises of the employer in which case notification to the employer is not necessary.
Provided, That is the member is unemployed he shall directly notify the SSS of his con-
finement within five calendar days after the start thereof unless such confinement is in
a hospital in which case notification is necessary, the confinement shall be deemed to
have the started not earlier than the fifth day immediately preceding the date of
notification. (As amended by Sec. 9 RA 2658; Sec . 7, RA 4875; Sec. 8, Pres. Decree
No. 24, S-1972; Sec. 12, Pres. Decree No. 735·, S-1975 and Sec. 10, Pres. Decree
No. 1636, S-1979).
lb) The compensable confinement shall begin on the first day of sickness, and the
payment of such allowances shall be promptly made by the employer every regular pay-
day or on the fifteenth and last day of each month, and similarly in the case of direct pay-
ment of the SSS, tor as long as such allowances are due and payable; Provided, That such
allowance shall begin only after all sick leaves of absence with full pay to the credit of the

146
employee shall have been exhausted. (As amended by Sec. 9, RA 2658; Sec. 7 RA 4857;
Sec . 8 Pres. Decree No. 24; Sec . 5·Pres. Decree No. 177 and Sec. 14 Pres. Decree No.
735, S-1975).
(c) One hundred percent of the daily benefits provided in the pre<;eding paragraph
shall be reimbursed by the SSS to said employer upon receipt of satisfactory proof of such
payment and legality thereof; Provided, That the employer has notified the SSS of the con-
finement within one year per~od immediately preceding the date the claim for benefit or
reimbursement is received by the SSS, except confinement in a hospital in which case the
claim for benefit or reimbursement must be filled within one year from the last day of con-
finement. (As amended by Sec. 9, RA 2658; Sec. 1 RA 4428; Sec. 7, RA 4857 and Sec.
8 , Pres . Decree No. 24, S: 1972}.
(dl Where the employee has given tl'w! required notification but the employer fails to
notify the SSS of the confinement or to file claim for reimbursement within the period
prescribed in this section resulting in the reduction of the benefit or denial of the claim sut;:h
employer shall have no right to recover the corresponding daily allowance he advanced to
the employee as required in this section, .(As amended by Sec. 8 Pres. Decree No. 24,
S-1972 and Sec. 12, Pres. Decree No. 735-, S-1975).
{e) The claim 1ri'r reimbursement shall be adjudicated by the SSS within a period of
two months from receipt thereof: Provided, that should no payment b' received by the
employer within one month after the period prescribed herein for adjudication the reim-
bursement shall thereafter earn simpJe interest of one per cent per month until paid. (As
amended by Sec. 8, Pres. Decree No. 24, S-1972} .
{f) The provisions regarding the notification required of the covered employee and the
employer as well as the period within which the claim for benefit or re\mbursement may be
filled shalt apply to all claims filed with the SSS beginning January 1, 1973. (As amended
by Sec. 8, Pres. Decree No. 24, S-1972).

SEC. 14-A. Maternity Leave Benefit. - A covered female employee who has paid at least
three monthly maternity contributions in the twelve-month period immediately preceding
the semester of her children, abortion, or miscarriage and who is currently employed shall
be paid a daily maternity benefit equivalent to one hundred per cent of her average daily
salary credit for forty-five days subject to the following conditions:
~a) That the employee shall have notified her employer of her pregnancy and the pro-
bable data of her childbirth which notice shall be transmitted to the SSS in accordance with
the rules and regulations it may provide;
{b) That payment shall be advanced by the employer in two equal installments within
thirty days from ·the filling of the maternity leave applications;
(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness
benefits provided by this Act for the same compensation period of forty-five days. for the
same childbirth, abortion, or miscarriage.
(d) That the maternity benefit provided under the Section shall be paid only for the
first four deliveries after March 1 3, 19 7 3;
(e) Thatthe SSS shall immediately reimburse·the employer of one hundred perc~nt of
the amount of maternity benefits advanced to employee by the employer upon receipt of
satisfactory proof of such payment and legally thereof;
(f) That if an
employee should give birth or suffer abortion or miscarriage without the
required contribution·s having been remitted for her by her employer of time of the preg-
nancy, the employ·er shall pay to the SSS damages equivalent to the benefits which said
employee would otherwise have been entitled to ; and the SSS shall in turn pay such
amount to the em.ployee concerned. ·

147
The SSS shall maintain a separate fund for maternity benefits equivalent to 0.4% of
the monthly salary credit to be taken from the employer's contribution specified in Section
18 hereof, and such funds shall be administered and disbursed in the same manner, condi-
tions. requirements and safeguards as those provide~ for other funds collected and kept by
the SSS, in accordance with this Act. lAs amended by Sec. 7, Pres. Decree No. 1202, S.
1977 and Sec. 11 Pres. Decree No. 1636. S-1979) .

SEC. 15. Non-tranaferabifity of benefits. - The SSS shall pay the benefits provided for in this
Act to such per&ons as may be entitled thereto in accordance with the provisions of this
Act: Provided, That the beneficiary who is a national of a foreign country which does not
extend benefits to a Filipino beneficiary residing in the Philippines, or which is not recogniz-
ed by the Philippines. shall not be entitled to receive any benefit under this Act: Provided ,
further , That notwithstanding the ·foregoing where the best interest of the SSS will be
served, the Commission may direct payments without regard to nationality or country of
residence: Provided, further, That if the recipient is a minor or a person incapable of ad·
ministering his own affairs, the Commission shall appoint a representative under such
terms and conditions as it may deem proper: Provided, further, That such appointment
shall not be necessary in case the recipient is under the custody of or living with the
parents or spouse of the employee in which case the benefits shall be paid to such parents
or spouse, as representative payee of the recipient. Such benefits are not transferable and
no power of attorney or other document executed by those entitled thereto, in favor of any
agent, attorney, or any other person for the collection thereof on their behalf shall be
recognized , except when they are physically. unable to collect personally such benefits:
Provided, further, That in case of death benefits, if no beneficiary qualities under this Act,
said benefits shall be paid to the legal heirs in accordance with the law of succession: Pro-
vided, finally, That notwithstanding any law to the contrary. the payment of benefits under
this Act shall ban the recovery of similar benefits under Title 11 of Book IV of the Labor
Code of the Philippines, as amended , during the period of such payment for the same con·
tingency, and conversely. (As amended by Sec. 10, RA 2658; Sec. 4 RA 3839; Sec . 8,
RA 4857; Sec. 8-A, Pres. Decree No. 24, S-1972 and Sec. 13, Pres. Decree No. 735,
S-1976).

SEC. 16. Exemption from Tax. lega4 process and Lien. - All laws to the contrary not-
withstanding the SSS and all its assets and properties; all contributions collected and all
acruals thereto and income or investment earnings there- from as well as all supplies,
equipment, papers or documents which may be required ~n connection w ith the operation
of execution of this Act shall be exempt from any tax, assessment fee, charge or customs
or import duty; and all bene-fit payments made by the SSS shall likewise be exempt from all
kinds of taxes, fees or charges, and shall not be liable to attachments , garnishments , levy
or seizure by or under any legal or equitable process whatsoever, either before or after
receipt by the persons entitled thereto, except to pay any debt to the SSS. Any tax assess-
ment against, and still unpaid by the SSS shall be null and avoid . (As amended by Sec. 9,
Pres . Decree No. 24. S-1972 and Sec. 14, Pres:oecree No. 735, S-1975).

SEC. 17. Fee of Agents, Attorneys, Etc. - No agent, attorney or other ·person in charge of
the preparation, filling or pursuing any claim for benefit under this Act shall demand or
charge for his services any fee, and any stipulation to the contrary shall be null and void.
The retention or deduction of any amount f rom any benefit granted under this Act for the
payment of fees for such services is prohibited; Provided, however , That any member of
the Philippine Bar who appears as counsel in any case heard by the Social Security Com-
mission shall be entitled to attorney's fees not exceeding ten per cent of t he benefits
awarded by the Commission, which fees shall not be payable before the actual payment of
the benefits, and any stipulation to the contrary shall be null &nd void.

148
Any violation of the provision of this Section shall be punished by a fine of not less
than five hundred pesos nor more than five thousand pesos, or imprisonment for not less
than six months·nor more than one year, or both, at the discretion of the court. (As amend-
ed by Sec. 4, Pres. Decree No~ 34 7, S-1973 and Sec. 8. Pres. Decree No. 1202, S-19771.

E. Sources of Funds - Employment Records and Reports

SEC. 18. Employee's contribution. - (a) Beginning as of the last day of the calendar month
when an employee's compulsory coverage takes effect and every month thereafter during
his employment, the employer shall deduct and withhold from such employee's monthly
salary, wage, compensation or earnings, the employee's contribution in an amount cor-
responding to his salary, wage, compensation, or earnings during the month in accordance
with the following schedule effective on January 1 , 1 980:

Salary Monthly Monthly Contribution


Bracket Range of Salary
Number Compensation Credit Employer Employee Total
1- 49.99 25.00 1.70 .0.40 2.10
II 50- 99.99 75.00 4.30 2.00 6.30
Ill 100-149.99 125.00 6.40 4.1{) 10.50
IV 150-199.99 175.00 9.00 5.70 14.70
v 200·249.99 255.00 11.40 7.50 18.90
VI 250-349.99 300.00 15.20 10.00 25.20
VII 350-499.99 425.00 21.60 14.10 35.70
VIII 500-699.99 600.00 30.40 20.00 50.40
IX 700-899.99 800.00 40.50 26.70 67.20
X 900-0ver 1,000.00 50.70 33.30 84.00

The maximum covered earnings.or compensation of all SSS members shall be limited
toP 1,000 per month as provided in the foregoing schedule unless otherwise provided by
the Social Security Commission through rules and regulations taking into consideration ac-
tuarial calculations and rate of benefits.
(As amended by Sec. 10, RA 1792; Sec. 11, RA 2658; Sec. 10 Pres. Decree No. 24,
· S-1972; Sec. 9 Pres. Decree No. 1202, S-1977 and Sec. 1 2, Pres. Decree No. 1636,
S-1979)
(b) Every employer shall issue a receipt for all contributions deducted from the
employee's compensation or sha\\ indicate such deductions on the employer's pay
envelopes. lAs amended by Sec. 12. Pres. Decree No. 1636, S-1979).

SEC. 19. Employer's contributions. - (a} Beginning as of the fast day of the month when an
employee's compulsory coverage takes effect and every month thereafter during his
employment, his employer shall pay, with respect to such covered employee, the
emp\oyer' s cont~ibution in accordance with the schedule indicated in Section eighteen of
this Act. Notwithstanding any contract to the contrary, an employer. shall not deduct
directly or indirectly, from the compensation of his employees covered by the SSS or
otherwise recover from the employer's contributions with respect to such employees.
(b) The remittance of such contributions by the employer shall be supported by a
quarterly collection list to be submitted to the SSS at the end of each calendar quarter in-
dicating the correct 10 number of the employer, the correct names and SSS numbers of the
employees and the totat contributions paid for their account during the quarter. (As amend-
ed by Sec. 13. Pres.·oecree No. 1636, S-1979).

149
SEC. 19-A. Contributions of the Self-employed. - The contributions to the SSS of the self-
employed shall be determined in accordance with Section 18 of this Act. Provided, That
the average monthly net earnings declared by the self-employed at the t\me to his registra-
tion with the SSS shall be considered as his monthly compensation and he shall pay both
the employer and employee contributions.
Net earnings as understood under this section shall be the net income from his
business or profession as reflected in the income tax, tax return for the immediately
preceding year. excluding rental income, dividend, interest investments and the like or ali
types of incoll)es which are not derived from his business registefed with the SSS or from
the practice of his profession.
The average .monthly net earning declared by the self-employed member at the time of
his registration shall remain the basis of his monthly salary credit, unless he makes, at the
start of the year, another declaration of his average monthly net earnings based on his in-
come tax returns for the immediately preceding year , in which case such latest declaration
becomes the new basis of his monthly salary credit. (As amended by Sec. 14, Pres. Decree
No. 1636. S-1979) .
SEC. 20. Government contribution. - As the contribution of the Government to the opera-
tion of the System, the Congress shall annually appropriate out of any funds in the National
treasury not otherwise appropriated, the necessary sum or sums to meet the estimated ex-
penses of the Syst em for each ensuing year. In addition to this contribution, the Congress
shall appropriate from time to time such sum or sums as may be needed to assure the
maintenance of an adequate working balance of the funds of the ~ystem as disclosed by
suitable periodic actuarial studies to be made of the operations of the Systems.

SEC. 21. Government Guarantee.- The benefit in this Act shall not be diminished and to
guarantee said benefits the-government of the Republic of the Philippines accepts general
responsibility for the solvency of the System. (As amended by Sec. 13, RA 1792}.

SEC. 22. Remittance of Contributions. - (a) The con:ributions imposed in the preceding sec-
tions shall be remitted to the SSS within the first seven days of each calendar month
following the month for which they are applicable or within such time as the Commission
may prescribe. Every employer required to deduct and to remit such·contributions shall be
liable for their payment and if any contribution is not paid to the SSS as herein prescribed,
he shall pay besides the contribution a penalty thereon of th.;_.-e percent per month from the
date the contrioution falls due until paid. If deemed expedient and advisable by the Com-
mission, the collection and remittance of contributions shall be made quarterly or semi-
annually in advance, the ·contributions payable by the employees to be advanced by their
respective employers: Provided, That upon separation of an employee, any contribution so
paid in advance but not due shall be credited or refunded to his employer. (As amended by
Sec. 12. Pres. Decree No_. 24, S-1972L
(b) The contributions payable under this Act in cases where an employer refuses or
neglects to pay the same shall be collected by the SSS in the same manner as taxes are
made collectible under the National Revenue Code, as amended. Failure or refusal of the
employer to pay or remit the contributions herein prescribed shall not prejudice the righ~ of
the covered employee to the benefits of the coverage.
The right to inst itute the necessary action against the employer may be commenced
within twenty (20) y.:ars from the t ime the deliquency is known or the assessment is made
by the SSS, or from the time the benefit accrues, as the case may be. (As amended by Sec.
15. Pres. Decree No. 16~6. S-1979).
(c) Should any person, natural or judicial, default in any payment of contributions, t he
Commission may also collect the same in either of the following ways.

150
1. By an action in court, which shall hear and dispose of the case in preference to any
other civil action; or
2. By issuing a warrant to the Sheriff of any province or city commanding him to levy
upon and sell any real and persona 1 property of the debtor. The sheriff's sale·by virtue
of said warrant shall be governed by the same procedure prescribed for executions
against property upon judgement by a court of record.
(d) The last complete record of monthly contributions paid by the employer or the
average of the monthly contributions paid during the past three years as ofthe date of fil-
ing the action for collection shall be presumed to the monthly contributions fer the account
of employees listed therein payable and due from the employer to the SSS for each of the
unpaid month, unless contradicted and overcome by other evidence: Provided, That the
SSS shall not be barred from determining and collecting .t he true and correct contributions
due the SSS even after full payment pursuant to this paragraph, not shall the employer be
relieved of his liability under section twenty-eight of this Act (As amended by Sec. 12,
Pres. Decree No. 24, S-1972 and Sec. 11 Pres. Decree No. 1202, S-1977).
(e) For purposes of this section, any employer who is delinquent or has not remined
all the monthly contributions due and payable may within six (6) months from approval of
this amendatory act remit said contributions to the SSS and submit the corresponding col·
lection lists therefor without incurring the prescribed three per cent penalty. In case the
employer fails to remit 'tothe SSS the said contributions within the six months grace
period, the penalty of three p,ercent shall be imposed from the time the contrib~tions f irst
became due as provided in paragraph (a) or t his section: Provided, however, that the Ad-
ministrator may, in meritorious cases, allow employers who have submitted a payment
plan, on or before April 19, 1973. to pay their contributions due and payable up to
December 31, 1973 without incurring the prescribed three percent penalty. (As amended
by Sec. 12, Pres. Decree No. 24, S-1972 and $ec: 6 Pres. Decree No. 177, S· 1973}.

SEC. 22-A. Remlttance of contributions of self-employed members shall remit their monthly
contributions quarterly on such dates and schedules, as the Commission may specify
through rules and regulations.
The penalty of three percent per month for late payments provided for in paragraph (a)
of Section 22 of this Act and the manner of collection of contributions specified in
paragraphs (b), (c) and (d) of Section 22 of th is Act are also applicable to the collection of.
penalties and contributions of the covered self-employed . !As amended by Sec. 1 6, Pres.
Decree No. 1636, S-1979) .

SEC. 23. Method of collection and Payment.- The SSS shall require a complete and proper
cotlection and payment of contributions and proper Identification of the employer and the
employee. Payment may be made in cash, checks, stamp, coupons, · t ickets, or other
reasonable devices that the Commission may adopt. (As amended by Sec. 15 Pres. Decree
No. 735, 5-1975).

SEC. 24. f.rnptoyment Re~ords and Reports. - (a) · Each employer shall immediately report to
the SSS the names, ages, civil statuses, occupations, salaries and ·dependents of all his
employees who are subject to the compulsory coverage. Provided, That if an employe~
subject to compulsory coverage die or become sick or disabled or reach the age of sixty
without the SSS having previously received any report or written communication about
him from his employer or a contribution paid in his name by his employer, the said
employer shall pay to the SSS damages equivalent to the benefits to which said employee
would have been entitled had his name been reported on t ime by the employer to the SSS,
except to the SSS, except that in case of pension benefits, the employer shall be liable to
pay the SSS damages equivalent to five year's monthly pension, including dependent' s

151
monthly pension: Provided, further, That if the contingency occurs within thirty days from
the date of employment, the employer shall be relieved of his liability for damages. (As
amended by Sec. 15, RA 1792; Sec. 9, RA 4857 ; Sec . 13, Pres . Dec ree No. 24, S-1972:
Sec. 16, Pres. Decree No. 735, S-1'975 and Sec. 12, Pres. Decree No. 1202, S-1977}.
(b) Should the employer misrepresent the true date of employment of his employees
or remit to the SSS contributions which are less than those required in this Act. resulting in
a reduction of benefits, the employer shall pay to the SSS damages to the extent of such
reduction . {As amended by Sec. 13, Pres. Decree No . 24, S-197 2 Sec. 16, Pres. Decree
.No. 735, S-1975 and Sec. 17, Pres. Decree No. 1636, S-19791.
(c) In addition to the liability mentioned in the preceding paragraphs (al and lbl hereof,
the employer shall also be liable for the payment of the corresponding unremitted contribu-
t ions and penalties thereon. (As amended by Sec •.17, Pres. Decree No. 1636, S- 1979).

{d) The records and reports duly accomplished and submitted to the SSS by the
employee or the employer, as the case may be kept confidential by the SSS except in com-
pliance with a subpoena duces tecum issued by the Courts, shall not be divulged without
the consent of the Administrator or any official of the SSS duly authorized by him. shall be
presumed correct as to the data and other matters stated therein, unless the necessary
corrections to such rl}cords and reports have been properly made by the parties concerned
before the right to the benefit being claimed accrues. and shall be made the basis for the
adjudication of the claims, if as a result of such adjudication of the claims. If a result of
such adjudication the SSS in good faith pays a monthly pension to a beneficiary who is in-
terior to right to another beneficiary or w ith whom another beneficiary is interior in right to
another beneficiary is entitled to share, such payments shall discharge the SSS from liabili-
ty, unless and until such other beneficiary notifies the SSS of his claim prior to the
payments. (As amended by Sec. 13, Pres. Decree No. 24, S-1972 and Sec. 16, Pres .
Decree No. 735, S-1975!.
\e) Every employer shall be kept true and accurate work record for such period and
containing such information as the Commission may prescribe, in addition to an "Annual
Register of New Separated Employees'' which shall be secured from the SSS wherei~ the
employer shall enter on the first day of employment or on the effective date of. separation
the names of the persons employed or separated from employment, their SSS numbers,
and such other data that the Commission may require and said annual register shall be sub-
.mitted the SSS in the month of January of each year. Such records shall be open for ins-
pection by the SSS or its authorized representatives quarterly or as often as the SSS may
require.
The SSS may also require each employer to submit, with respect to the persons in his
employ, reports needed for the affective administration of this Act . (As amended by Sec.
13, Pres. Decree No. 24, S-1 972).
(f) Effective July 1, 1973, each employer shall require as a condition to employment,
the presentation of a registration number secured by the prospective employee from the
SSS may adopt: Provided that in case of employees who have earlier been assigned
registration numbers by virtue of of previous employment, such originally assigned to them
should be used for purposes of this section: Provided, further, That the issuance of such
registration numbers by the SSS shall not exempt the employer from complying with the
provisions of paragraph {a) of this Section. {As amended by Sec. 13, Pres. Decree No. 24,
S-19721.
(g) Notwithst~nding any law to the contrary, microfilm copies of original SSS records
and reports, duly certified by the offici~! custodian thereof, shall have the same evidentiary
value a$ the originar and be admissible as evidence in all legal proceedings . (As amended by
Sec. 16, Pres. Decree No. 735, S-1975).

152
SEC. 24-A. Reports and Registration of the Self-Employed. - Each covered self-employed
person shall, within thirty (30) days from the effective date of cover~ge, report to the SSS
his name, age, civil status, and occupation, average monthly net income and his
dependents: Provided, That if after said period of thirty days, he should die or become sick,
or disabled or reach the age of sixty 160} without the SSS having previously received such
report, the SSS shall not pay him the corresponding benefit. (As amended by Sec. 18,
Pres. Decree No. 1636, S-1979}.

APPENDIX uC"

NEVV MEDICAL CARE LAW

PRESIDENTIAL DECREE NO. 1519

REVISING THE PHILIPPINE MEDICAL CARE ACT OF NINETEEN


HUNDRED AND SIXTY NINE

SEC. 1. Medical Care Benefits*. - Under such rules, regulations and/or conditions as the
SSS or the GSIS may prescribe subject to the approval of the Commission. A beneficiary
under Program 1 who suffers from sickness or injury requiring hospitalization/surgical
operation shall be entitled to the following benefits:
Ia) Allowance for hospital room and board at twelve CP 12.00) pesos per day for a
period not exceeding 45 days per year for each member of Program 1 and another 45 days
per year to be shared by all his legal dependents. The Commission may; however, fix a
higher rate not exceeding eighteen (P 18.001 pesos per day in accordance with such stand-
ards that it may set.
{b) Allowance for necessary drugs and laboratory examination including X-ray not ex-
ceeding one hundred fifty (P150.00) pesos for single period of confinement. However, an
amount not exceeding two hundred fifty IP250.00) pesos may be allowed for cases requir-
ing intensive care as may be defined by the Commission.
(c) Operating room fee allowance not exceeding twenty tP20.00) pesos for minor
surgery, fifty (P50.00) pesos for medium surgery and seventy-five (P75.00) pesos for
major surgery.
(d} Surgeon's fee allowance not exceeding fifty (P50.00) pesos for minor surgery,
two hundred fifty IP250.00l pesos for medium surgery and five hundred IP500.00) pesos
tor major surgery, the exact amount of which shall be determined under a relative value
scheme covering each kind of surgical procedure under rules and regulations !O be pro-
mulgated by the Commission for this purpose, but not to exceed five hundred (P500.00)
pesos for any listed operation. The fee shall cover for two {2) days of pre-Operative care
ar1d five (5) days of post-operative care.
tet Anesthesiologist's fee allowance shall not exceed thirty per cent (30%) of tfle
surgeon's fees.
(f) Allowance for medical and dental practitioner's fe~ of ten (P 10.00) pesos for each
daily visit not tq exceed two hundred (P200.00) pesos for a single period of confinement
or for any sickness or injury provided that in determining the compensable daily visit occa-
sioned by any one sickness or injury not more. than one visit for any one day shall be
counted.

153
(g) Allowance for sterilization expenses of a contributing member or his spouse as
may be determined by the Commission.
The beneficiary shall have the option to secure the drugs and medicines used for his
treatment from either the hosp.ital ph.armacy wherein he i.s ~onfined or from any retail drug
store of his own choice subject to the rules and regulations promulgated to the Commis-
sion or as provided for in Section 21 and 22 thereof.
Out~patient and domiciliary care shall be carried out by existing government hospitals,
rural health units, other government clinics and all clinics under the supervision of various-
government entities.
As soon as feasible the Commissi~n shall provide expense allowance for ambulatory
and domiciliary care benefits rendered in/by government or private hospitals or clinics to
beneficiaries of this Medical Care Act subject to rules and regulations promulgated by the
Commission.
All government hospitals. sanitaria, clinics, dispensaries and rural health units shall
provide back-up services to the medical care plan especially for -patient occupying service
beds.

SEC. 2 . Participants in the Delivery of Medical Services. - Only the following may participate
in the delivery of medical care services in the Philippine Medical Care Plan under such rules
and regulations as the Commission may set:
(a) Hospitals duly accredited by the Commission.
(b) Drugstores duly accredited by the Commission.

SEC. 3. Free Choice of Hospital, Medical or Dental Attendance. - Any beneficiary who
becomes sick or is injured shall be free to choose the hospital in which he will be confined
and the medical or dental practitioner or medical or dental attendance by whom he will be
treated, under such rules and regulations as promulgated by the•Commission.
The right of any beneficiary who so desires to arrange privately for medical care at his
own expense shall not be prejudiced by any provision of this Decree.

SEC. 4. Entitlement to Medical Care Benefits. - An employee who shall have paid at least
three monthly contributions during the last twelve months prior to the first day of the
single period of confinement, as well as his legal dependents shall be entitled to medical
care benefits: Provided, That until such time that such an employee becomes entitled to
the benefits of Program 1, he shall be covered by Program 11 .

SEC. 5. Supervision. - The Commission, the SSS and the GSIS shall exercise supervision
over the confined beneficiaries under such rules and regulations as they may promulgate
for the purpose. This authority may be exercised by the Commission through its in-
termediaries.

SEC. 6. The GSIS and SSS Health Insurance Funds. - Payment for Medical care benefits In
Program 1 , shall be borne by the SSS and GSIS Health Insurance Funds which shall consist
of all contributions and accruals thereto. These funds shall be kept distinct and separate
from all other funds administered by the said agencies.
The Health Insurance FJJnds administered under the GSIS and SSS shall be deposited,
invested, administered and disbursed in the same manner and under the same conditions,
requirements, and safeguards as provided by Republic Act Numbered Eleven Hundred
Sixty-One, as amended and Commonwealth Act numbered One Hundred Eighty-Six as
amended, with regard to such other funds as are administered by the SSS and GSIS
respectively: Provided, That the SSS and GSIS may disburse each from operational ex-

154
penses not more than 12 percent of the total contributions and investment earnings col·
lected during the year.

SEC. 7 . Rates of Contributions for the S~S and GSIS health Jnsurance funds. - Contribu·
tions for the Health Insurance Funds by members of the SSS and GSIS shall be compulsory in
accordance with the following schedule:

Monthly Salary Contribution Employer's Employees


Wage or Earnings Base Contribution Contribution
1.00- 49.99 25.00 0.30 0.30
50 .00· 99.99 75.00 .95 .95
100 .00- 149.99 125.00 1.55 1.55
150.00- 199.99 175.00 2.20 2.20
200.00- 249.99 225.00 2.80 2.80
250.00- 349.99 300.00 3.75 3.75
350.00 · 499.99 425.00 2.35 5.35
500.00-Above 600.00 7.50 7.50

SEC. 8. Collection of Contributions to the SSS and GSIS Health lnsur"'nce Funds. - The
employer shall deduct from his employee's contribution. The employee's contribution and
the employer's counterpart thereof shall be remitted by the employer directly to the GSIS
or the SSS, as the case maybe, in the same manner as other SSS and GSIS contributions
and shall be subject to the same penalties for late payment. The employer's counterpart
contributions shall not in any manner be recovered from the employee. Failure of the
employer to remit to the GSIS and the SSS the corresponding employee's and employer's
contributions of the benefits of this Decree.

SEC. 9. Effects of Separation from Employment. - An employee who is no longer obliged to


contribute under Section 19 hereof by separation from employment may continue to enjoy
medical care benefits, subject to such rules, regulations and/or conditions as the Commis-
sion may prescribe .

SEC. 10 . Payment of Medical Care Benefits. - Payment for medical care services shall be
made directly to the hospital, the medical or dental practitioner. and the retail drug store
according to rules, regulations and/or conditions which the Commission may set: Pro-
vided, That when the charges and fees agrees upon between the beneficiary. who chooses
to oc:;upy a bed more expensive than a service bed, and the provider ohhe service exceed
the amount of benefits provided for under this Decree, the difference shall be borne per-
sonally by the patient. Medical care expenses incurred while outside the country may be
reimbursed to the beneficiary under such rules, regulations and/or conditions as the Com-
mission may prescribe.

SEC. 1 1. limitation to Payment of Benefits. - Claims for payment of services rendered under
this Decree which are filed beyond sixty (60) days after the discharge of the patient from
the hospital or from the time a patient has been declared well shall be barred from
payment .
Payment for services rendered may be reduced or denied when the claimant:
Ia) Furnishes false or incorrect information concerning any matter required by in
Decree or the rules and regulations promulgated by the Commission.
(b) Falls without good cause or legal ground to comply with any provision of this
Decree or the implementing rules and regulations of the Commission .

155
The cost of medical care benefits of patients confined in service beds shall be limited
to the prescribed medical care benefit allowances.
When a claim is reduced or denied, the amount thus reduced or denied shall be charg-
ed directly or indirectly to the beneficiary involved unless the latter is directly responsible
for the cause of such reduction or denial. ·

SEC. 12. Exclusion. -The benefits granted under the Medical Care Plan shall not cover any
expenses for:
Ia) Cosmetic .surgery or treatment;
(b) Optometric Services;
(c) Psychiatric illness;
(dl Normal obstetrical delivery; and
(e) Services which are purely diagnosti~ .

156
Fire Code of the Philippines
P.O. 1185
Part 1
SECTION 8. Inspections, Safety Measures, fire Safety Constructions and Protective
and/or Warning Systems
al Safety Measures for hazardous operation- Fire Safety Measures shall be reQuired
for the following hazardo~s operations( processes:
1) Welding or soldering
2) Industrial baking and drying
3) Waste Disposal
4) Pressurized/forced-draft burning equipment
51 Smelting and Forging
6) Motion picture projection using electrical arc lamps
7) Refining, distillation and solvent extraction.

PROVISION ON FIRE SAFETY CONSTRUCTION PROTECTtVE AND WARNING SYSTEM -


Owners, occupants or administrator of buildings, structures and their premises or facilities,
except such other buildings or structures as may be exempted in the rules and regulations
under Section 6 hereof, shall incorporate and provide therein fire safety construction, pro-
tective and warning system, end shall develop and implement fire safety programs, to wit:
1) Fire Protection Features such as sprinkler systems, hose boxes, hose reels or
standpipe systems and other fire fighting equipment;
2) Fire alarm systems;
3) Fire walls to separate adjoining buildings, or warehouses and storage areas from
other occupancies in the same building;
4) Provisions for confining the fire at its source such as fire resistive floors and walls
extending up to the next floor slab or roof, certain boards and other fire contain-
ing or stopping components~
5) Termination of all exits in an area affording safe passage to a public way or safe
dispersal area;
6) Stairways, ¥ertical shafts, horizontal exits and other means of egress sealed from
smoke and heat;
7) A fire exit plan for each floor of the building showing the routes from each room
to appropriate exits, displayed prominently on the door of each room;
8} Self-enclosing fire resistive doors leading to corridors;
9) Fire dampers in centralized airconditioning ducts;
1 0) Roof vents fot use by f ire fighters;
11 ) Properly marked and lighted exits with provision for emergency lights to ade·
quately illuminate exit ways in case of power failure.

SEC. 9 PROHIBITED ACTS - The following are declared as prohibited acts and
omissions:
a) Obstructing or blocking the exit ways or access to buildings clearly marked for fire
safety purpose, such as but not limited to aisles in interior rooms, any part of stair·
ways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or
exit of any kind, or tolerating or allowing .said violations;

158
bl Constructing gates, entrances and walkways to building components and yards
which obstruct t he orderly and easy passage of fir_e fighting vehicles and equip-
ment;
c) Prevention, interference or obstructi0!1 of any operation of the Fire Service, or of
duly organized and authorized fire brigades;
d) Obstructing designated fire lanes or access to fire hydrants;
· e) Overcrowding or admission of persons · beyond the authorized capacity in movie
houses, theaters, coliseums, auditoriums or other public assembly buildings,
except in other assembly areas on the ground floor with open sides or open doors
sufficient to provide safe exits;
f) Locking f ire exits during periods when people are inside the building ;
g) Prevention or obstruction of the automatic closure of Fire doors or smoke partitions
or dampers;
h) Use of Fire protective or fire fighting equipment of the Fire Service other than for
fire fighting except in other emergencies where their use are justified;
i) Giving false or malicious fire alarms;

jl Smoking in prohibited areas as may be determined by Fire Service or throwing of


cigars, cigarettes, burning objects in places which may start or cause f ire;
kl Removing , destr oying, tampering or obliterating any authorized mark, seal, sign or
tag posted or required by the Fire Service for Fire safety in any building, structure
or processing equipment;
I) Use of jumpers or tampering with electrical wiring or overloading the electrical
system beyond its designed capacity or such other practices that would tend to
undermine the fire safety features of the electrical system.

Part 2 RULES AND REGULATIONS IMPLEMENTING THE FIRE


CODE
RULE I GENERAL PROVISIONS:
DIVISION 1 - GENERAL
SEC. 1 SCOPE - The provisions of the Fire Code shall apply to and govern the
following:
a. All persons
~

b. All private or·public buildings, facilities, structures and their premises, constructed
before or after the effectivity hereof;
c. Storage, handling or use of expfosives and/or combustible, flammable, toxic and
other hazardous materials;
d. Design and installation of electrical system;
e. Fire Safety construction and
f. Fire protective and Warning equipment or systems.

SEC. 5 DEFINITIONS
AUTOMATIC FIRE SUPPRESSION SYSTEM - an integrated System o.f Underground
or overhead piping or both connected to a source of extinguishing agent or medium

159
and designed in accordance with fire protection engineering standards which when
actuated by its automatic detecting device suppresses fire within the area protected.
COMBINATION STANDPIPE- pipe line system filled with water and connected to a
constant water supply for the use of the service and the occupants of the building
solely for fire suppression purposes.
DRY STAND PIPE - a type of standpipe system in which the pipes are normally not fill-
ed with water. Water is introduced into the system thru Fire Service connections when
needed.
FIRE ALERTING SYSTEM - a fire alarm system activated by the presence of a fire,
where the signal is transmitted to designated locations instead of sounding a general
alarm, in order to prevent panic.
FIRE RESISTANCE RATING - the time duration that a material or construction can
withstand the effect of standard fire Test.
FIRE WALL - a wall designed to prevent the spread of fire, having a fire resistance
rating ·o f not less than four (41 hours with sufficient structural stability to remain
standing even if construction on either side collapse under fire conditions.
FLAME SPREAD RATING - The time in which flame will spread over the surface of a
burning material .
FLAME (FIRE) RETARDANT - any compound, or mixture which when applied proper-
ly improves the fi re resistant quality of fabrics and other materials like wood .
FUMIGANT - a gas, fume, or vapor used for the destruction or control of insects,
fungi, vermin. germs, rodents or other pests.
MEANS OF EGRESS- a continuous and unobstructed route or exit from any point in a
building, structure, or facility to a public way.
OCCUPANT LOAD - The maximum number of persons that may b e allowed to oc-
cupy a particular building. str~cture or facility or portjons thereof.
PANIC HARDWARE- a mechanical device consisting of linkages and a horizontal bar
across a door , which cause the door to open and facilitates exit from a building,
structure or facility.
PLENUM - an air compartment or chamber to which one or more ducts are connected
and which form part of an air distribution system.

DIVIS.ON 2 - ENFORCEMENT AND ADMINISTRATION

SEC. 1. Fite Safety ,Inspection - Inspection of all buildings structure and facilities and
the determination of compliance of provisions of this Fire Safety Inspector of t he Fire
Service of the Integrated National Police.

SEC. 2. Inspection Requirements - Fire Safety Inspection shall be conducted as a pre-


requisite to grants of permits and/or licenses by local governments or other govern~
ment agencies.

RULE II GENERAL PRECAUTIONS AGAINST FIRE


DIVISION 1 -INCINERATORS AND OPEN BURNING
SEC. 1. Bonfires and Outdoor Rubbish Firee - No person shall kindle or maintain any
bonfire or rubbish fire or authorize any such fire to be kindled unless:

160
11 The location is not less than fifteen ( 1 5) meters from any structure and adequate
provision is made to prevent fire from spreading to within fifteen ( 1 5) meters of
any structure;
2) The Fire is contained in an approved waste burner or incinerator located safely
not less than five (5). meters from any structure. ·

SEC. 2. Types and Construction of lnclneratora


a) Fixed commercial, industrial and apartment type incinerators shall be constructed
iri accordance with the provisions of the Building Code.
b) Residential fixed incinerators shall be constructed of brick, concrete hollow blocks,
or other five-resistive material other than metal, with a completely enclosed com-
bustion chamber and shall be equipped with a permanently attached spark arrester
constructed of iron, heavy wire mesh, or other noncombustible material; with
openings not larger than thirteen (13) millimeters.

SEC. 3. location - Any residential incinerator· used in connection with a single family
dwelling shall be located not less than one and one-half ( 1 1/2) meters from any wood
frame building or structure, or other combustible material, or not less than one (1)
or
meter from a masonry, stucco, similar fire resistive building or str~cture and not less
· than one and one half ( 1 1/2) meters from any opening of said building or structures.
Any residential incinerator used in connection with any occupancy other than a single
family dwelling shall be iocated not less than three 13) meters from any building or pro-
perty line: Provided, that the smoke stack of any incinerator terminate not less than
one and one half ( 1 1/2t meters from any combustible roof, overhang on eave con-
struction.

RULE Ill· .FIRE SAFETY IN BUILDING, STRUCTURES AND


FACILITIES
DIVISION 1 - ADMINISTRATION
SEC. 1.01. Scope
a) This rule deals with life safety from fire and Uke emergencies, it covers construc-
tion, protection· and occupancy features to minimize danger to life from fire,
·smoke, fumes, or panic before buildings are vacated. It specifies the number, size
and arrangement of means of egress sufficient to permit prompt escape of oc·
cupants from buildings, or structures or facilities in case of fire.
b) Nothing in this rule shall be construed to prohibit a better type of building construe·
tion, more exits or otherwise safer conditions than the requirements specified in
this Rule.·
c) This rule recognizes that panic in a burning building may be uncontrollable. It deals
with the potential panic hazard through measures designed to prevent the develop-
ment of panic. Experience indicates that Panic seldom develops even in the
presence of potential danger, so long as occupants of buildings are moving toward
exits which they can see within a reasonable distance with no obstruction or undue
·congestion in the path of Travel. However, any uncertainty as to the location or
adequacy of means of egress. the presence of smoke, or stopping of travel', such
as may occur when one person stumbles and falls on stairs may be conducive to
panic. Panic danger is greatest when the number of people in a confined area. ex-
ceeds the capacity of the exits.

161
OIVtSION 2. GENERAL
SEC. 2.01. Fundamental Requirement•
a. Building or structure, new or old, designed for human occupancy shall be provided
with exits sufficient to permit the fast escape of occupants in case of fire or other
emergency. The design of exits and other fire safety construction shall be such
that reliance for safety to life in case of fire or other emergency w ill not depend
solely on any single fire safety construction. Additional safeguards shall be pro-
vided for life safety in case any single safeguard is ineffective due to some human
or mechanical failure.
b. Every building or structure shall be so designed, constructed,_equif)ped, main-
tained and operated as to avoid danger to the lives and safety of its occupants from
fire, smoke, ''fumes, or resulting panic during the period for escape from the
building or structure.
c. Every building or structure shall be provided with Exits of kinds, numbers, location
and capacity appropriate to the individual building or structure, with due regard to
the character of the occupancy, the number of persons exposed. The fire protec-
tion available and the height and type of construction of the building or structure,
to afford all occupants convenient facilities for escape.
d. Every exit of buildings or structures shall be so-arranged and maintained as to pro-
vide free and unobstructed egress from all parts thereof, at all times. NO LOCK or
fastening that would prevent escape, from the inside of any building shall be in·
stalled except in mental, penal, or correctional institutions where personnel are
continually on duty and effective provisions are made to evacuate occupants in
case of fire or other emergency.
e. Every exit shall be clearly visible. The route to the exit shall be conspicuously
marked in such a manner that every occupant of a building or structure will readily
know the direction of escape. Each route of escape, in its entlretv, shall be soar-
ranged or marked that the way to a place of safety outside is unmistakable. Any
doorway or passage not constituting out exit or way to reach an exit, which may
be mistaken for an exit, shall be MARKED as to minimize its possible confusion
with an exit. ·
f. All means o~ egress shall be provided with adequate and reliable ILLUMINATION.
g. In every building or structure of such size, arrangement, or occupancy that a fire
may not itself provide adequate warning to occupants, FIRE ALARM FACILITIES
shall be provided. ·
h. Ev&ry building or structure, section, or area thereof of such size, occupancy, and
arrangement such that the reasonable safety of a number of occupants may be en-
dangered by the blocking of any single means of egress due to fire or smoke, shall
have at least two means of egress REMOTE from each other, so arranged as to
minimize any possibility that both may be blocked by any one fire or other
emergency conditions.
i. Every vertical way of exit and other vertical opening between floors of a building
shalf be suitably enclosed or protected as necessary to afford reasonable safetY to
occupants while using. ·exits and to prevent spread of fires, smoke, or -fumes
tt:lrough vertical openings from floor to floor before occupants have entered exits.

DMSION 3 - CLASSIFICATION OF OCCUPANCY

SEC. 3.301.

162
a. ASSEMBLY- Places of Assembly include buitdings used for gathering together of
fifty (50) or more persons in commercial places of assembly and one hundred
11 00) or more persons in non·co.mmercja) pJaces of assembly. This include
theaten>; exhibition halls, restaurants, churches, dance halls, restaurants, chur·
ches, dance halls, gymnasium, terminals, court rooms, etc ..
b. EDUCATIONAL - include aU buildings used for the gathering of groups of six (6) or
more persons for purposes of instrument. .This include schools, colleges, univer·
sities, academics, etc.
c.. INSTITUTIONAL - those used for purposes such ·as treatment or care of persons
suffering from physical or mental illness, disease or infirmity; care of infants, con-
valescents or aged· persons; and for penal or correctional purposes. These
buildings are provided with sleeping facilities for .the occupants and are occupied
by persons who are mostly incapable of self preservation because of age, physical
or mental disability, or beCause of security measures not under the occupants con·
trol.
Institutional occupancies are the following:
Health care facilities, such as hospitals and nursing homes; residential-custodial
care such as nurseries, homes for the aged; and mental retarded care institutions,
residential-restrained care such as penal institutions, reformatories, and jails.
d. RESIDENTIAL -· One in which sleeping and/or sleeping accommodations are pro-
vided for residential purposes, except those classified under Institutional occupan·
cies. The following groups are hotels; motels, pension houses, inns, apartments,
dormitories, orphanages; lodging or rooming housesi and one and two family
dwellings.
e. MERCANTILE - Occupancies include stores, markets, and other rooms, build-
ings, or structures for. the display· and/or sale of merchandise. Included in this
occupancy group are: Supermarkets; department stores; shopping centers;
drugstores; and auction rooms.
f.. BUSlNESS - Buildings used. for the transaction· of business other than that
covered under mercantile, for the keeping of accounts and records and similar pur·
poses. Included in this occupancy group are office for lawyers; doctors; dentists;.
and other professionals, general offices; City/town hall; court houses and libraries.
g. INDUSTRIAL - Occupancies include factories making products of all kinds and
properties devoted to operations such as processing, assembling, mixing, packag-
ing, finishing ·or decorating, and repairing, including among others, the following:
Factories of all kinds; laboratories; dr'y cleaning·plants; power plants; pumping sta-
tions, smokehouses; laundries; creameries; gas plants; refineries, and sawmills.
h. STORAGE - Includes all buildings, or structures utilized primarily for the storage
or sheltering of goods, merchandise, products, vehicles or animals. Included in this.
occupancy group are: Waterhouses, Cold storages; freight terminals; truck and
marine terminals, bulk oil storage; parking garage; hangars; grain elevators: barns
and stables.

C. 3.302. Hazardous Contents- For purposes of this rule hazard of contents shall be
the relative danger of the start and spread of fir~, the generation of smoke or gases,
the danger of exi>tosion or other occurence potentially endangering the lives and safe-
ty ot the occupants of th& building or structure due to the nature of the contents or
processes/operations therein.

163
CMuifiulion of Hu.rd of Contenr.:
a} LOW Hazard Contents - are those of such iow combustibility that no self-
propagating fire therein can occur and that consequently ~ only probable danger
requiring the use of emergency exits will be from panic, f.umes or smoke or fire
from some external source.
b) Ordinary hazard contents - are those which are liable to burn with moderate
rapidity or to give off a considerable volume of smoke, but from which neither
poisonous fumes nor explosions are likely to occur In case of fire.
c} High Hazard Contents - are those which are liable to burn with extreme rapidity or
from which gases or explosions are to be expected in the event of fire.

Sp«:/11/ Ptovl8/ona for High Haztlld Contenta


1 ) Exits shall be provided for such types and numbers and so arranged as to permit
all occupanis to escape from the building or structure or from the hazardous area
thereof the outside or to a ptace of safety with a travel distance of not over twen-
ty three (23) meters.
21 Capacity of Exits - not less than one ( 11 unit of exit width for each thirty (301
persons if the exit is by inside or outside stairs; or one ( 1 ) unit of exit width for
each f ifty (50) persons if the exit is by doors at ground level, by horizontal exits
or by c'ass A ramps.

DIVISION 4 - MEANS OF EGRESS


Protectiwl EncloiiUrtl of Exits
1 ) When an exit is required to be protected by separation from other parts of the
building by some requirements of this rule, the separating construction shalf meet
the following requirements.
a) The separation shall have at least one-hour fire resistance rating when the
exit connects three (3) stories or less, regardless of whether the stories con-
nected are above or below the storey at which the exit discharge begins.
b) The separation shall have at least two-hour resistance rating when the exit
connects four (41 stories or more whether above or below the floor of
discharge.
c) Any openin·g in the separation wall construction shall be protected by an ap-
. proved self·closing fire resistive door.
d) .openings in exit enclosure shall be confined to those necessary for access to
the enclosure form normally occupied spaces and for egress from the
enclosure.
2) No exit enclosure shal! be used for any purpose, suoh as piping for flammable li-
quids or gases, .which could Interface with its function as an exit.
D. Width llfld Capilclty of Muns of EgretJ$
1 ) The capacity in number of persons per unit of exit width for approved com-
ponents of means of egress shall be as follows:
Level egress components (including Class A ramps)
Inclined egress components (Including Class 8 ramp~) - 60 persons
21 Means of egress shall be measured in untts of exits width of fifty five (55)
centimeters, Fractions of a unit shall be coUhted, except that thirty (30)

164
centimeters added to one or more full units shall be counted as one-half
(0.5) of a unit of exit width.
3) Units of exit width shall be measured at the narrowest unobstructed point of
the means of egress except that a handrail may project inside the measured
·width on each side not more than eighty nine (89) millimeters and a stringer
may project inside the measured width not more than thirty eight (38)
millimeters. An exit or exit access door swinging into an aisle or
passageway shall not restrict the effective width thereof at any point during
its swing to less than minimum width hereafter specified.

E. Egress ~pscity snd Occup11nt LOIId


1 ) The capacity of means of egress for any floor, balcony, tier, or other occupied
space shall be sufficient for the occupant load thereof. The occupant load
shall be the maximum number of persons that may be in the space at any
time. but shall not be less than the number computed in accordance with the
individual occupancies.
For Places of Assembly
Occupant load: The occupant load permitted by dividing the net floor area or
space assigned to that use by the square meter per occupant as follows:
An assembly area of concentrated use without f ixed seats such as
auditoriums, church, dance floor, 10.65 sq.m, per person)
An Assembly area of less concentrated use such as conference room, dining
room, drinking establishment, exhibit room, gymnasium, (1.4 sq. mtp·erson)
Standing room or waiting space (0.28) sq. m. per person)
For Educational Occupancies
The occupan t load shall be the maximum load but not less than one person
for each 1.8 square meteres of net classroom area or 4.6 sq. m . of net area of
shops, laboratories, etc.
For Institutional Occupancies
The occupant load shall be the maximum number of persons intended to oc·
cupy that floor but not less than one ( 1) person for each 11 sq. m. gross floor
area in institutional sleeping departments and not less than one ( 1 ) person for
each 22 square meters of gross floor area of inpatient institutional Treat-
ment departments.
For Residential
The occupant load in numbers of persons except for single and two family
dwellings shall be determined on the basis of one ( 1) person·per 1 8 .6 square
meters gross floor area.
For Mercantile Occupancies
One street floor, the occupant load is one {1) person for each 5.6 sq. m.
gross floor area floors used for offices, storage, shipping not open to general
public: one ( 1) person for each 4.3 sq. m . gross floor area.
For Business Occupancies
The occupant load of business purposes shall be no less than one (11 person
per nine and t h ree tenth (9.3) square meters of gross floor area.

165
For Industrial Occupancies
The occupant load shall be one ( 1) person per 9. 3 square meters gross floor
area.
2) Where exits serve more than one floor, only ~he occupant load of each floor
considered individually need be used in computing the capacity of the exits at
that floor: Provided , that exit capacity shall not be decreased in t he direction
of exit travel. When means of egress from floor above and below coverage at
an intermediate floor, the capacity of the means of egress from the point of
convergence, shall not be less than the sum of the two .
F. Ammge/TI6nt of Exit:
When more than one exit is required from a story, at least two of the exits shall be
remote from each other and so arranged and constructed as to minimize any
possibility that both may be bl<?cl<ed by any one fire or other emergency condition.

G. Exit Distsnc11 snd Desd-End Limits:


The maximum travel distance in any occupied space to at least one exit, measured
in accordance w ith the following requirements shall not exceed the limits for in-
dividual occupancies means of egress shall be so arranged that there are no dead-
end pockets, hallways, corridors, passage ways or courts whose depth exceeds
the limits specified for individual occupancies.

For Pisces of Assembly


a) No individual unit of exit width shall serve more than 100 person .
b) Every Class A I 1 ,000 or more) capacity shall have at least four (41 separate ex-
its as remote from each other.
cl Class (B) 300-600 capacity shall have at least two (2) separate exits 600
above shall have three (3) exits.
d) Class IC) 50-300 capacity shall have at least 2 means of exit, consisting of
separate exits leading to a corridor giving access to 2 separate independent
exits in different directors.
e) Every assembly occupancy shall be provided with a man exit to accommodate
1/2 of the total occupant load.
f) Travel distance -46 meters minimum if not protected by automatic the sup-
pression and 61 meters if protected.

H. Messuretm~nt of Trsvel Dist•nc11 to Exits


1) The travel distance to an exit shall be measured on the floor or other walling
surface along the center line of the natural path of travel, starting 30 cen-
timeters from the most remote point, curving around any corner or constuc-
tion with a 30 centimeters clearance t herefrom, and ending at the center of
the doorway or other point at which the exit begins. Where measurement in·
eludes stairs, it shall be taken in the plane of the tread nosing.
2) In the case of open areas, distance to exits shall be measured from the most
remote point subject to occupancy. In case of individual rooms subject to oc-
cupancy by not more than six (6) persons, distance to exits shall be
measured f rom the doors of such rooms provided the path of travel from any
point in the room to the room door does not exceed 15 meters.
3) Where open stairway or ramps are permitted. As a path of travel to required
exits, such as between mezzanines or balconies and the floor below, the
distance shall include the travel on th~ stairway or ramp, and the travel from
the end of the stairway or ramp to reach an outside door or other exit, in addi-
tion to the distance to reach the stairway or ramp ..
4~ Where any part of an exterior way of exit access is within four and a half
(4.5) meters horizontal distance of any unprotected building opening, for
outside stairs, the distance to the exit shall include the length of travel to
ground level .

. I. Access to Exits:
1) Exit shall be so located and exit access shaH be so arranged that exits are
readily accessible at all times. Where exits are not immediately accessible
from an open floor area, safe and continuous passageways, aisles, or cor-
ridors leading directly to every exit shall be maintained and shall be so ar-
range as to provide convenient access for each occupant to at least 2 exits
by separate ways of travel, except where single exit or limited dead-ends are
permitted by other provisions of this rule.
2) A door from a room to an exit or to a way of exit access shall be of the side-
hinged, swinging type. It shall swing with exit travel when the room is oc-
cupied by more than 50 persons or used for a high hazard occupancy such
access doors shall conform to the appropriate requirements of Sec. 3.402 on
doors.
31 In no case shall access to exit be, through a bathroom, bedroom or other
room subject to locking, expect where the exit is required to serve only the
bedroom or other room subject to locking, or adjoining rooll)s constituting
part of the same dwelling or apartment used for single family occupancy.
41 Way of exit access and the doors to exits to which they lead shall be so
designed and arranged as to be clearly recognizable as such. Decorations or
draperies shall not be placed on exit doors. Mirrors shall not be placed in or
adjacent to any exit in such a manner as to confuse the direction of exit.
5) Exit access shall be so arranged that it wiU not be necessary tct travel toward
any area of high hazard occupancy in order to reach the nearest exit, unless
the path is· protected by suitable partitions.
6) The minimum width of any way of exit access shall be as specified for in-
dividual occupancies, but in no case shall such width be less than 71 cen-
. timeters. Where a single way of. exit shal4 be at least equal to the required
capacity of the exit to which it leads. Where more than one way of exit ac-
cess leads to an exit. Each shall have a width adequate for the number of p~r- .
sons it must-accommodate.

J. Exterior Weys of Exit Accen


1) Access to an exit may be by means of any exterior balcony, porch, gallery, or
roof that conforms to the requirements of this division.
2) Exterior ways of exit access shall have smooth, solid floors, substantially
level, and shall have guards Qn the unclosed sides at least equivalent to those
specified in paragraph "F" of Sec. 3.403.
3) A permanent, reasonably straight path of travel shall be maintained over the
required exterior way of exit access. There shall be no obstruction by rail-

1h7
ings, barri~-rs or gates that divide the open space into sections appurtenances
to individual rooms, apartments, or other uses. However. if, the width of the
exterior way of exit access is greater than the required path of travel, it may
be permitted to relocate furniture on one side out of the path's way.
4 ) an exterior way of exit access shall be so arranged that there are no dead-
ends in excess of six 161 meters in length.
5) Any gallery , balcony, bridge , porch or other exterior exit access that projects
beyond the outside wall of a building shall comply with the requirements of
this Division as to width and arrangement. The material of construction may
be as permitted for the building served.

K. Dlschttt~ from Exits


1) All exits shall terminate directly at a public way or at an exit discharge.
Yards, courts, open space, or other portions of the exit discharge shall be of
required width and size to provide all occupants with a safe access to a
public way .
2) Where permitted for individual occupants, a minimum of 50 percent of the
exits may discharge through areas on the floor of discharge provided all of
the following are met:
al Exits shall discharge to a free and unobstructed way to the exterior of the
building ~h ich way is readily v isible and identifiable from the point of
discharge from the exit.
b) The floor of discharge into which the exit discharges and any other por-
tion of the level of discharge with access to the discharge areas are pro-
tected w ith automatic fire suppression system or separated from it in ac-
cordance with the requirements for the enclosure of exits (Section 3.401
paragraph "o") .
Exception: The above requirements may be waived if the discharge area
is a vestibule or foyer complying with all the following: The depth from
the ext erior of the building is not greater than 3 .00 meters and the length
is not greater than 6 meters. The foyer is a separated from the remainder
of the level of discharge by construction providing protection at least the
equiva.lent of wired glass in· steel frames, and the foyer serves only for
means of egress including exits directly to the outside.
c) The entire area on the floor of discharge is separated from areas below by
construction having a minimum of two-hour fire-resistance rating.
3) Stairs and other exits shall be so arranged as to make clear the direction of
egress to the street. Exit stairs that continue beyond the · floor of discharge
shall be interrupted at the floor of discharge by partitions, door·s, or other ef-
fective means.
4 ) Stairs, ramps, bridges, balconies, escalators, moving walls and other com-
ponents of an exit discharge shall comply with the detailed requirements of
this division for such components.
5) Subjec·t to approval, exits may be accepted where discharging to roofs or
other sections of the building or adjoining buildings, where the roof has a fire
resi$tance rating at least the equivalent of that required for the exit
enclosure, where there is a continuous and safe means of egress from the
room, and all other reasonable requirements fol"fire safet y are maintained.

168
L. Headroom:
Means of egress shall be so designed and maintained as to provide adequate
headroom as provided in other sections of this rule but in no case shall the ceiling
height (headroom) be less than 2.3 meters nor any projection from the ceiling be
less than 2:00 meters from the floor. ·
M. Changes in Elevation:
Where a means of egress is not level such difference in elevation shall be
negotiated by stairs or ramps conforming to the requirements of this division for
stairs and ramps.
N. Interior Finish in Exits:
The flame spread of interior finish shall not exceed Class B in exit enclosures.

0. Maintenancettnd Workmanship
1) Doors, stairs, ramps, passages, signs, and all other components of means of
egress shall be of substantial, reliable construction and shall be built or in-
stalled in accordance with good engineering practice.
2) Means of egress shall be continually maintained free of all destructions or
impediments to insure instant use in case of fire or other emergency.
3) Any device or alarm installed to restrict the improper use of a means of
egress shall be so designed and installed that it cannot, even in case of
failure, impede or prevent emergency use of such means of egress.

SEC. 3.402 Doors


A . Applicetion
11 A door assembly, including the doorway, frame, door, and necessary hard-
ware, may be used as a component in a means of egress when it conforms to
the general requirements of Sec. 3.401 and to the special requirements of
· this Section. At such the assembly is designated as a door.
2) Every door and every principal entrance which are required to serve as an
exit shall be so designed and constrU<:ted that the way of exit travel is ob-
vious and direct. Windows, which because of their physical configuration or
design and the materials used in their construction could be mistaken for
doors, shall be made inaccessible to the occupants by barriers or railings con-
forming to the requirements oi paragraph "F" of Section 3.403.

B. Swing end Force to Open


1 ) Any door used in an exit shall be so designed and installed .that when a force ·
is applied to the door on the side from which egress is to be made, it shall
swing in the direction of exit travel from any position to the full instant use
of the opening in which it is installed. During its opening process or when
fully opened, door shall not obstruct the exit width as determined by
paragraph 'D" of Section 3.402.
2) A door providing access to a stairway shall swing in the direction of ecit
travel. A door during its swing shall not block stairs or landings and in no
case, in new buildings, shall any door at any point in its swing reduce the ef-
fective width of stair or landing to less than one unit of exit width, nor when
opened interface with the full use of the stairs.

169
3 l The force required to fully open door shall not exceed twenty three ( 2 3) kilos
applied to the latch stile.

C. Locks, Lstchss, Alsrm Deviees:


1 ) A door shall be so arranged as to be readily opened from the side from which
egress is to be made at all times when the building served thereby is oc·
cupied. Locks, if provided, shall not required the use of a key for operation
from the inside of the building.
2} A la.t ch or other fastening device on a door shall be provided with a knob,
handle, panic bar. of other simple type releasing device, the method of opera-
tion of which is obvious, even in darkness.
3) A door designed to be kept normally closed in a means of egress, such as a
door to a stair enclosure or horizontal exit, shall be provided with a reliable
self-closing mechanism, and shall not at any time be secured in the open
position. A door designed to be kept normally closed shall bear a sign reading
substantially as follows:

FIRE EXIT
PLEASE KEEP DOOR CLOSED

D. Units of Exit Widths:


1 } In determining the units of exit width for a doorway. only the clear width of
the doorway when the door is in the open position shall be measured. Any
projections into the doorways by doorsteps or by the hinge stile shall be
disregarded.
2 } Where a doorway is divided by mullions , the allowable units of exit width for
the entire doorway shall be the sum of the units of exit width measured
separately for each individual door in the opening.

E. Width snd Floor Level:


1) No single door in a doorway shall be less than seventy one (7 1 l centimeters
wide.
2} No single door in a doorway shall exceed one hundred twenty two ( t 2 2} cen-
timeters in width.
3) The floor on both sides of a door shall be substantially level and shc:~ll have
the same elevation on bot h sides of the door, for a distance on each side at
least .equal to the width of the widest single door. When the door discharges
to the outside or to an exterior balcony . exterior exit, or exterior exit, access,
the floor level outside the door may be one step lower than the inside but not
more than twenty and a half (20.5) centimeters lower.

F. Psnic Hardwal'fl
1) When a door is required to be eQuipped with panic hardware, the panic hard-
ware shall cause the door latch to release when a force of not more than
seven (7) kilos is applied to the releasing device in the direction of exit trevel.
2) Such releasing devices shall be bars or panels extending not less than two
thirds {2/ 3) of the width of the door and placed at heights suitable for the ser-
vice required, and shall not be less than seventy six (76} nor more than one
hundred twelve ( 11 2) centimeters above the floor .

170
3) Only approved panic hardw~re shall be used.
4) Required panic hardware shall not be equipped with any locking or dogging
device, set screw, or other arrangement which can be used to prevent the
release of the latch when pressure is applied to other bar.

G. Maintenance
No lock, padlock, hasp, bar. chain, or other device or combination thereof shall.be
installed or maintained at any time on or in connection with any door on which
panic hardware is required by this rule, if such device prevents, or is intended to
prevent, the free use of the door for purposes of egress.

H. Powsr Operated Doors


1) Where required doors are operated by pcwer, such as those photo-electric
activated mechanism which open upon the approach of a person or doors
with power-assisted manual operation, the design shall be such that in event
of power failure the door may be opened manually to permit exit travel or
closed where necessary to safeguard means of egress.
2) No power-operated door shall be counted as a required exit unless it also
swings with the exit travel by manual means. ·

1. ScrHn and Storm Doors


No screen door or storm door in conection with any required exit shall swing
against the direction of exit travel in any .case doors are required to swing with the
exit travel.

~. Revolving Doors:
1 J A revolving door shalt not be used in a means of egress for an exit from the
floor of discharge directly to the outside except where specifically permitted.
It shall not be used at the foot or top of stairs at the floor of dischargfl. Where
permitted, the revolving door shalt be given a credit of only fifty (50} percent
of the required units of exit width.
2) The number of revolving doors used as exit doors shall not exceed the
number of swinging doors used as exit doors within six (6) meters.
Exception: Revolving doors may serve as exits without adjacent swinging
doors for street floor elevator lobbies, if no stairways or doors from, other
parts of the building discharge through the lobby, and the lobby has no oc-
cupancy other than as means of travel between elevators and street.
3) Revolving doors shall be equipped with means to prevent their rotation at too
rapid a rate to permit orderly egress.

K. Turnstiles
11 No turnstiles or similar device to restrict travel, to one direction, or to collect
fares or admission charges, shall be so placed as to obstruct any required
means of egress, except that approved turnstiles not over ninety one (91)
centimeters, which turn freely in the direction of exit travel, may be used in
any direction of exit travel, may be used in any occupancy where revolving
doors are permitted.
2) Turnstile in or furnishing access to required exits shall be of such design as to
provide fifty six (56) centimeters clear width as the turf.lstiles rotates.

171
SEC. 3 .403. Interior St•rs end Smoke proof Tower•
A. General
All stairs serving as required means of egress shall be of permanent fixed con-
struction.
B. C!Hs•s of stMT8 - Stairs shall be of Class A or class B types. In class A the max-
imum height between landings is 2.75 m and the Class 8 is 3.70 M.
C. Treads end Risers
1 ) The height of every riser and the width of every tread shall be so propor-
tioned that the sum of two (2) risers and a t read, exclusive of its nosing of
projections is not less than sixty (60) centimeters nor more ~han sixty three
and a half (63.5) centimeters.
2) The minimum number of risers in any one flight of stairs shall be three (3)

D. Enclosurtl:
All interior stairways shall be -enclosed in accordance with the provisions of Sec-
tion 3.501 of this Rule:

E. Stair Det•Hs
1) E.aoh new stair and platform, landing, balcony and stair hallway floor used in
building of four (4) stories or more and in all new buildings, required by this
rule to be of fire-resistive construction , shall be non-combustible material
throughout except that handrails are exempted from this requirement.
Treads of stairs and landing floors shalt be solid.
21 Each stair, platform, landing, balcony , and stair hallway floor shall be de-
signed to carry a load of four hundred eighty-eight (488} kilos per square
meter, or a concentrated load of one hundred thirty six ( 136) kilos, so
located as to produce maximum stress conditions.
3) Where material of stair treads and landings Is such as to involve danger of
slipping , nonslip material shall be provided on tread surface.
4) Stairways and intermediate landings shall continue with no decrease in width
along the direction of exit travel.

F. Gu•«h •nd H•ndl'llils


1l Means of egress such as stairs, stair landings, balconies, ramps and aisles,
located along the edge of open-sided floors and mezzanines, . shall have
guards to prevent fells over the open side. Each new stair landing, and Class
B ramp shall have handrails on both sides.
2 ) Required guards and handrails shall continue for the full length of each flight
of stairs.
3) The design of guards and handrails and the hardware for attaching handrails
to guards balusters or masonry walls shall be such that there are no projec-
ting lugs on attachment devices or non projecting corners or members of
grills or panels which may engage loose clothing. Opening in guards shall be
desig11ed to prevent loose clothing from becoming wedged In such openings .
4 ) Handrails Details:
a) Handrails on stair shall be not less than seventy six l 76) centimeters nor

172
more than eighty six and one-half 186.5) centimeters above the upper
surface of the tread, measured vertically to the top of the rail from a point
on the tread twenty five (25) millimeters back from the leading edge.
bl Handrails shall provide a clearance of at least thirty eight 138~ millimeters
between handrail and wall to which it is fastened.
c) Handrails shall be so designed as to permit continuous sliding of hands on
them.
d} Every stairway required to be more than two hundred twenty three (223)
centimeters in width shall have intermediate handrails dividing the stair·
way into portions not more than two hundred twenty three (223) cen-
timeters in width.
5) Guard and Details
a) The height of guards shall be measured vertically to the top of the guard
from a point on the tread twenty five (25) millimeters back from the
leading edge or from the floor of landings or balconies.
b) No guards shall be required for inside stairs which reverse direction at in·
termediate landings where the horizontal distance between successive
flights is not more than thirty and a half (30.5) centimeters.
c) Guards shall both be less tha·n one hundred six ( 106) centi~eters high.
Guards protecting changes in level one story or less on interior balconies
and mezzanines shall be not less than ninety one (91) centimeters.
d) Guards shall be so constructed that the area in the plane of the guard
from the top of the floor, riser, or curb to the minimum required height of
guard shall be subdivided or filled in one of the following manners:
• A sufficient number of intermediate longitudinal rails so that the clear
distance between rails measured at right angles to the run of rail does
not exceed twenty five and a half centimeters (25.5). The bottom rails
shall not be more than twenty five and a half (25.5) centimeters from
the top of the floor measured vertically.
• Vertical balusters spaced not more than fifteen and one fourth ( 1 5. 2 5)
centimeters apart.
• Areas filled wholly or partially by panels of solid wire mesh or expand-
ed metal construction or by ornamental grills which provide protec-
tion against falling through the guard equivalent to the provided by the
intermediate rails or vertical balusters.
• The lower part of the area may consist of a continuous substantial
curb, the top of which is not less than seventy six ·(76) millimeters on
stairs (measured at right angles to the curb from its top to the nosing
of the tread) and not less than fifteen and one-fourth (16.26) cen-
timeters for level areas.

G. SnwktJproof Tow•':
l) A smokeproof tower shall be a stairway endurance. so designed that the
movement into the smokeproof tower of products of combustion, produced
by a fire occuring in any part of the building, shall be limited.
2) A smokeproof tower, as herein specified, shall bQ a continuous fire-resistive
encrosure protecting a stairway from fire or smoke. in the building served,

173
with communication between the building and the tower by means of
balconies directly open to the outer air .
3) Stairs, enclosure walls. vestibules. balconies and other components of
smokeproof towers shall be of noncombustible materials, and all other re-
quirements hereinbefore specified for inside stairs shall apply to stairs in
smokeproof towers .
· 4) Stairways shall be completely enclosed by walls having a two hour fire
resistance rating and comprised of noncombustible material. There shall be
no openings in walls separating the enclosure from the interior of the
building . Fixed or automatic fire windows are permitted in an exterior wall
not subject to severe fire exposure hazard from the same or nearby buildings.
6) Access to the smokeproof tower shall be provided from every story thrcugh
vestibules open to the outside. Ot'l an exterior wall or from balconies
overhanging an exterior wall, but not subject to severe fire exposure hazard.
Every such vestibule or balcony shall have an obstructed length and width
not less than the required width of exit doors serving the same and shall be
directly open to a street or alley or yard or to an enclosed court open at the
top not less than six (6) meters in width and ninety two (92) square meters in
area. Balconies or vestibules shall have guards not less than hur:'dred six
( 1 06) centimeters high and shall conform with paragraph "F" (5) of this sec-
tion. Watt openings exposing balcC\nies or vestibules shall be protected in.ac-
cordance with paragraph "B" of Section 3 .404.
7) Access from a building to vestibules or balconies shall be through doorways
not less than one ( 1 l meter wide for new and ninety one l9') centimeters
wide for existing towers. These openings and the entrance to the towers
shall be provided w ith approved, self-closing fire doors swinging with the ex-
it travel. Clear wired glass not exceeding one half (0.5) square meter shall be
provided in all doors giving access to the enclosure.

H. Monument•! Stslr•
Monumental stairs, either inside or outside, amy be accepted as required exits if
all requirements for exit stairs are complied with, including required enclosures
and minimum width of treads, except that curved stairs may be accepted with a
radius of seven and one-half (7 .5) meters or more at the inner edges.

SEC; 3 .404. Outa\de Stairs


A . GentHBI
1 ) Any permanently installed stair outside of the building served is acceptable in
a means of egress under the same condition.

a. Enc/oSUftiS

1) Under all conditions where enclosure of inside stairways is required, outside


stairs shall be separated from the interior of the buildings with wells having
the same fire-resistance rating as that required for the wall enclosing inside
stairs. Any qpening in such wall shall be protected by fire doors or fixed
wired glass windows. Protection of opening maybe waived of the building is
three (3) stories or less and ·it is provided with a remote second unit.
2) If the building is four· (4) stories or more, openings within the distances set
below shall be protected .

174
a) Within four and a half (4.5) meters from any balcony, platform or stair-
way constituting a part of the exterior or outside stairs.
b) Within three (3) stories or ten and two thirds (10.67) meters directly
below any balcony, platform or stairway consisting a part of the outside
stairs.
cl Within two (2) stories or six and one-tenth (6.11 meter~ directly t;>elow a
platform or walkway leading from any story to the exits.

B. Egress from Area of Refuge:


1 I Every fire section for which credit is allowed in connection with a horizontal
exit shall have in addition to the horizontal exit shall have in addition to the
horizontal exit or exits at least one stairway, doorway leading outside, or
other standard exit. Any fire section not having a stairway or doorway
leading outside shall be considered as part of an adjoining section with stair-
way.
2) Every horizontal exit for which credit is given shall be so arranged that there
are continuously available paths of travel leading from each side of the exit to
stairways or other standard means of egress leading to outside the building.
This reQuirement is complied with where the entire areas from each side of
the horizontal exit to the stairways or other standard means of egress are oc-
cupied by the same tenant; or where there are public corridors or other con-
tinuously available passageways leading from each side of the exit to stair-
ways or other standard means of.egress leading to outside the building.
3} Whenever either side of the horizontal exit is occupied, doors used in connec·
tion with the horizontal exit shall swing in opposite directions and shall not
be locked from either side.
4) The floor area on either side of a horizontal exit shall be sufficient to hold the
occupant of both floor areas, allowing not less than three-tenths {0.3) square
meter cfear ffoor area per person.

C. Bridges 11nd be/conies


1 ) Each bridge or balcony. utilized in conjunction with horizontal exits shall com-
ply with the structural requirements for outside stairs and shall have guards
and handrails in general conformity with the reQuirements of Section 3.403
for stairs and smokeproof towers.
to
2) Every bridge or balcony shall be at least as wide as the door leading it and
not less than one hundred twelve ( 11 2) centimeters from new construction.
3) Every door leading to a bridge or balcony serving as a horizontal exit from a
fire area, snail swing with the exit travel out of the fire area.
4) Where the bridge or balcony serves as a horizontal exit in one direction, only
the door from the bridge or balcony into the area of refuge shall swing in.
5) Where the bridge or balcony serves as a horizontal exit in both directions,
doors shall be provided in pairs swinging in opposite direction, only the door
swinging with the exit travel to be counted in determination of exit width,
unless the bridge or balcony has sufficient floor area to accomodate the oc-
cupant load of either connected building or fire area on the basis of three
tenths (0.3) square meter per person or in existing buildings by specific per-
mission of the direction general or his duly authorized representative, in

175
which case doors on both ends of the bridge or balcony may awing out from
the building.
6) The bridge or balcony floor sh.a ll be tevel wfth the floor of the building.

7) Ramps shall be employed where there is a difference in level between con~


nected buildings or floor areas. Steps may be used where the difference In
elevation ia greater ·than fifty three and one-thlrd (63.34) centimeters.
Ramps and stairs shall be in accordance with the sections of this rule pertain-
ing to ramps, stairs and outside stairs .
8) All wall openings, in both of the connected buildings or fire areas eny part of
which is within three (3) meters of any bridge or balcony as measured
horilontally or below, shall be protected with fire doors or fixed metal-frame
wired-glass windows.

D. 0ptlllin!J6 ThtOUgh WaM• loT Hotlzontlll Exh•:


11 Walls connected by a horizontal exit between buildings shall be of noncom-
bustible material having a two (2) hour fire resistance rating . They shall pro-
vide a separation continuous to the ground.
2) Any opening in such wall1, whether or not such openings serves as an exit,
shall be adequately· protected against the passage of fire as smoke
therefrom.
· 31 Swinging fire doors a horizontal exits shall swing with the exit travel. Where
a horizontal exit serves areas on both sides of a wall there shall be adjacent
openings with swinging doors at each wall, opening in opposite directions,
with signs on each side of the wall of partitions indicating as the exit the door
which swings w lth the travel from that side, or other approved arrangements
providing doors always swinging with any possible exit travel.
4) Sliding fire doors shall not be used on a horizontal exit except where the
doorway is protected by a fire door on each side of the wall in which such
sliding fire doors are located. tn this case, on fire door shall be of the swing-
ing type as provided in paragraph "C" (3) above and the other may be an
automatic sliding fire door that shell be kept open whenever the building is
· occupied. ·

E. Omls6/on Df Fife Peitltlon Dn Certain Floors:


1 } Where .a fire partition is used to provide a horizontal exit in any story of a
building, such partition may be omitted In·any lower story under the fo\low~
ing condttions:
a} The open fire area story from which the fire partition is omitted shall be
separated from the stories above the construction having at least a
2-hour fire resistance rating.
b} Required exits from the stories above the open fire area story shall be
separated therefrom by construction having a 2-hour fire resistance
rating and shall discharge outaide without travel through the open fire
aree story.
c) Vertical openings between the open fire area story and the stories above
shall be enclosed with conatructi~n having a 2~hour fire resistance rating.
Other details shall be in accordance with the applicable provisions of Sec-
tion 3.601.

176
2) Where a fire partition is used to provide' a horizontal exit for any story below
the discharge under the following conditions:
a) · The open fire area story shall be separated from the stories below by co~­
struction having at least a 2·hour fire resistance rating.
b) Req!,Jired exits from stories below the open fire area story shall be
separated from the open fire area story by conssruction having a 2 -hour
fire resistance rating and shall di!$charge directly outside without travel
through the open f ire area story.
c) Vertical openings between the open fire story and the floors below shall
be enclosed with the construction having 2-hour fire resistance rating.
Other details shall be in accordance with the applicable provision of Sec:
tion 3.501.
SEC. 3 .406. Ramps
A. Inside Ramps:
1) Application: A ramps shall be permitted as component In a means of egress
when it conforms to the general requirements of Section 3.401 and to the
special requirements of this Section.
2) Classification:
a) A ramp shall be designated as Class A or Class Bin accordance with the
following table:
Class A Class B
Width .......................... . 1 1 2 em and greater 76 to 112 em
Slope .......................... .. 8 to 10% 10 to 17%
Maximum height between
·Landings ............... .. No limit 3.66 m
Capacity in person per unit
as modified by
Divisions 7 through 5
Down .......................... . 60 45
Up ... ............................ . 45 45

3). Protective Enclosure:


a) When a ramp inside a building is used as an exit or exit component, it shall
be protected by separation from other parts of the building as specified in.
Section 3.401 "C".
b) Fixed wired glass panels in steel sash may be installed in such a separa·
tion in a building fully provided with automatic fire suppression system.
c) There shall be no enclosed usable space under ramps in an exit enclosure
nor shall the open space· under such ramps be used for any purpose .
4) Other Details:
f!) A ramp and the platforms and landings associated therewith shall be
designed for not less than · four hundred eighty-eight (488) kilos per
square meter Jive load ar:td shall have a nonslip surface.
b) The slope of a ramp shall not vary between landings. Landings shall be
in
level and changes direction of travel ff any shall be made only at land-
ings.

177
c} A ramp used as an exit or exit component in a building more than three (3)
stories, or in a building of any height of noncombustible or fire resistive
construction, shall be of noncombustible material. The ramp floor and
landings shall be solid and without perforations .
d) Guards and handrails complying with Section 3.403 "F" shall be pro-
vided In comparable situations·for ramps except that handrails are notre-
quired on Class A ramps.

B. Outaide Rampa:
· 1) General

a) Any ramp permanently installed on the outs~de of the building may be ac-
cepted as component in a means of egress under the same conditions as
an inside ramp: provided, That it complies with all requirements for inside
ramps except as modified by the following provisions of this subsection
''E"·.
b) Outside ramps shall be so arranged as to avoid any handicap to their use
by persons having a fear of high places. For ramps more than three (3)
stories, any arrangement intended to meet this requirement shall be at
least one hundred twenty ( 120) centimeters.
2) Enclosures:

a) Under all conditions where enclosures of inside ramps is required outside


ramps serving as exits shall be separated hom the interior of the building
by a wall construction that has a fire resistance rating equal to that re-
quired for such enclosure. In buildings three (3) stories or less, such pro-
tection need not be required where th~re is provided a remote second
exit. If the building is four (4) stories or more in height, the openings in
the wall be protected in the same manner as provided for outside the
stair.
b) Balconies, to which access doors, shall be approximately level with the
floor of the building, or no more than twenty and three-tenths (20.3) cen-
timeters below of the inside floor .
3) Ramp Details

a) Except where embedded in masonry or concrete or where a suitable fire-


resistive and waterproof covering is provided, no structural metal
member shall be employed the entire surface of which is nat capable of
being insp~cted and painted.
b} All supporting members for balconies and ramps, which are in tension
and fastened directly to the building, shall pass through the wall and be
securely fastened on the opposite side of shall be securely fastened to the
framework of the building. Metal members shall be protected effectively
against corrosion, where they pass through walls. Holes in the walls
through which metal members pass shall be effectively fire-stopped to
pra$erve the fire resistive quality of the wall.
c) Balcony and ramp enclosures and railings shall be designed to resist a
hor.i zdntal force of seventy five (75) kilos per lineal meter of r.ailing or
enclosure applied at the top of the railing or to the enclosure one hundred
seven (1 07) centimeters above the floor .

178
SEC. 3.407. ·Exit Passageway
A. Application
Any hallway, corridor, passage or tunnel, may be designated as an exit
passageway and used as an exit or exit component when conforming to all other
requirements of Section 3.401 as modified by the provisions of this Section.

· B. Protective Enclosure and ~rrangement:


1 ) An exit passageway shall be protected by separation from other parts of the
building as specified in paragraph '"C" on Section 3:401.
2} Fixed wired glass panels is steel sash may be installed in such a separation in
a building fully provided with automatic fire suppression system.

C. Width:
The width of an exit passageway shall be adequate to accomodate the aggregate
capacity of all exits discharging through it.

0. Floor:
The floor shall be solid and without perforations.

SEC. 3.408. Escalators and Moving Walks


A. Application:
1l An escalator or moving walk. may be accepted as a component in a means of
egress when it conforms to the general requirements of Section 3.401 and
to the special requirements of this Section.
2) A sign indicating the direction of the nearest approved exit shall be placed at
the point of entrance to anv.. escalator or moving walk that is not a means of
egress.
3) An escalator shall be of horizontal tread type and shall be of non-combustible
construction thrOughout, except for the step tread surfaces, handrails and
step wheels.
4) A single escalator eighty one (81) centimeters wide shall be credited as one
( 1) unit of exit width. An escalator one hundred twenty one I 1 21) centimeters
wide, shall be given credit for two (two) units of exit width.
5) There shall be an unobstructed space of at least ten (1 0) centimeters outside
the handrails and above the handrail for the full length of the escalator.
6} No single escalator shall have an uninterrupted vertical travel of more than
one story.
7) As escalator shall be designed and operated according to generally accepted
standards of safe engineering practice.

C. Moving W11lks
1) An inclined moving walk shall comply with the applicable requirements of
Section 3.406 for ramps. and a level moving walk shall comply with the ap-
plicable requirements of Section 3.407 for exit passageways, except as
modified by this section.
2) No moving walk capable of being operated in the direction against the normal
exit travel shall be used in a means of egress.

179
3) A moving walk shall be designed and operated according to generally ac·
cepted standards of safe engineering practice.

SEC. 3.409. Ffre Escape, Stairs, Ladders. and Slide &capes.


A. Rte Escape Stlllrs
'1) General

Fire escape stairs (not those under Section 3.403 and 3.404) may be used in
required meBns of egress only in existing buildings, subject to the applicable
provisions of Divisions 7 through 1 5. Fire escape stairs shall not constitute
more than fifty (50%) percent of the required exit capacity in any case. Fire
escape stairs shall not be accepted as constituting any part of the required
means of egress for new buildings.

B. Fire Escape Shall provide a continuous unobstructed safe path of travel to th.e
ground or other safe or refuge to which they lead. Where the fire escape is not
continuous, as in cases where stairs lead to an adjoining roof. which must be
crossep before continuing downward travel, the direction of travel shall be clearly
indicated, and suitable walkways with handrails shall be provided where
necessary. Where a single means· of egress consists of a combination of inside
stairs and fire escape stairs, each shall comply with the applicable provisions of
this Rule, and the two shall be so arranged and connected as to provide a con·
tinuous safe path of travel.
2) Types

The following types of fire escape stairs are recognized by this Rule: Return
platform types with superimposed runs .or straight run type, with platforms
continuing in the same direction. Either or these may be parallel to or at right
angle to the building. They may be attached to buildings or erected in-
dependently of them and connected bridges.
3) Stair Details:

·Fire escape stairs. depending upon the requirements of Division 7 through


1 5 of this Rule, shall be in accordance with the following table and subse·
quent paragraphs.
Existing Stairs
Existing for Very Small
Sta\rs Buildings
Minimum Widths ..................... .. ...... .. .......... 55.9 em clear 45 .7 em clear
Minimum horizontal dimension any landing
of platform ........................................... 55.9 em 45.7 em
Maximum rise ... ............ .... ;.. .... ....... .. ....... .. . 22.9 em 30.5 ern
Minimum tread, exclusive of nosing ...... .... .. .. :. 22.9 em 15 .25 em
Minimum nosing or projection ...... .. ................ 2.5 em No requirements
Tread Construction ... ...... .. . .. .. .. . . . . ... . . . . . . . .. .. .. Solid, 13 mm Flat metal bars on
diameter edge, or square
perforation against turning
permitted spaced 38. 1 mm
maximum on
centers.
Winbars (spiral) ••• I I I • Itt • • Ill • • • • I Itt ••••tt • • • l<o> • • f I • ... t t None Permitted subject
to capacity penalty

180
Risers . . . . .. .. . .. . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . . . . . . .. . . . . None No requirement
Maximum height between landings ................ 3.66 m No require!llent
Headroom, minimum ................................... 2 .13 m 1.98 m
Access to Escape .. . . .. . .. . . .. .. .. .. . •. .. . . . . . . . . . . . . .. .. . Door or case-
ment windows
61cmby1 .98
m or double
hung windows
?6.2 em by
9, .44 em clear
opening
Level of access opening . ... .. ... ............. .......... Not over 30.5 Same
em above floor;
steps if higher
Discharge to ground .. .. .. . . ... . . .. ... .. . . . .. . . . .. .. .. . . Swinging stair Swinging stair
section permit- or ladder if
ted approved
Capacity number of person$ .. .. ..... ........ .. .. .. ... 45 per unit, 38 if winders or
access by door; ladder from bottom
20 if access by balcony 5; if both.
climbing over
window rail
4 ) Arrangement and Protection of Openings:
a) Fire escape stairs shall be so arranged that they will be exposed by the
smallest possible number of window and door openings. There shall be
no transom over doors. e·very opening, any portion of which is in the
limit ~pacified below , shall be compietely protee<ted by approved fire
doors or metalframe wired glass w indows in the same manner as pro-
vided for outside stairs and outside ramps.
5) Access:

a) Access to fire escape stairs shall be provided in accordance with the table
in paragraph (3) (a) of Section 3.409 and the general provisions of
paragraph "G" Section 3.401.
b). Where access is by way of double windows, such windows shall be so
counterbalanced and maintained that they can be readily opened wlth a
minimum of physical effort. Insert screens, if any, on any type of opening
giving access to fire a escape stair shall be of types that may be readily
opened or pushed out. No storm sash shall be used on .any window pro-
viding to fire escape stairs.
c) Fire escape stairs shall extend to_the roof in all cases where the roof is
subject to occupancy or is constructed and stranged to provide an area of
refuge from fire. In all cases where stairs do not extend to the roof, ac-
cess thereto shaJI be provided by a ladder in accordance with pertinent
provision of Section 3 .409 on Fire Escape ladder, except that such lad·
ders are not required in the case of roofs with pitch or slope steeper than.
sixteen and two thirds ( 1 6 . 6 7%) percent.
d) Balconies, to which access is secured through windows with sills above
the inside floor 1eve1, shall be not more than forty six (46) centimeters
below the sill. In no case shall be balcony level be above·the sill.

181
6) Materials and Strength:
a) Iron, steel or concret~ or other approved noncombustible material shall be
used for the construction of fire escape, balconies, railings, and other
features appurtenant thereto.
b) Balconies end stairs shall be designed to carry a load of four hundred
thirty six (4361 kilos so located as to produce maximum stress condi~
tions.
c) Except where embedded in masonry or concrete or where a suitable fire
resistive and waterproof covering is provided no structural metal mem_ber
shall be employed the entire surface of which is not capable of being in-
spected and painted.
d) All supporting members for balconies and stairs, which are in tension and
are fastened directly to the building. Where metal members pass through
walls, they shall be protected effectively fire stopped to preserve the fire
resistive quality of the wall .
e) Balcony and ~tair enclosure and railings shall be designed to withstand a
horizontal force of seventy five (7 5~ kilos per meter of railing or enclosure
without. serious deflection, and support at walls for such railings or
enclosures shall be in the manner specified in (6) (b) for tension members,
except as provided In (61 (f).
7) Guards and Handrails:
a) All tire escapes shall have walls or guards on both sides, in accordance
with "E" 11) and "F" (51 of Section 3.403, except for height, which shall
be one hundred seven (107) centimeters and ninety one (91) centimeters
for fire escape for every small buildings, the height being measured ver·
tically from a point on the stair tread twenty five (25} millimeters beck
from the leading edge, or vertically above any landings or balcony floor
level.
b) All fire escape shall have handrails on both sides, no~ less than sev~nty
six (76) centimeters not more than one hundred seven .<107) centimeters
high, measured vertically from a point on the. stair tread twenty five (25)
· millimeters back from the leading edge, aU in general conformity to the re-
quirements for stair handrails. "F" (1) through "F" (4) of Section 3.403.
c) Handrails and guards-shall be so oonstructed as to withstand a force of
ninety one (91) kilos applied downward or horizontally at any point.
8) Swinging Section of Fire Escape Stairs:
a} Swinging stair sections shall not be used for fire escape stairs except
where termination over sidewalks, alleys or driveways makes it imprac-
ticable to build stairs permanently to the ground. Where used, swinging
stairs shall comply with all provisions of this subsection.
b) Swinging section of stairs shall not be located over doors, over the path
of travel from any other exit, or in any location where there are or are like·
ly to be obstructions.
c) Width of swinging section of stairs shall be at least equal to that of ·the
stairs above,
d) Pitch/slope shall not be steeper than that of the stairs above-.
el Railings shall be provided similar in height and construction to those re-

182
quired for the stairs above. Railings shall be designed to prevent any
possibility of injury to persons at head or stairs or on balconies when
stairs swing downward. Minimum clearance between moving section
where hands might be caught shall be ten ( 1 0) centimeters.
f) If distance from lowest platform to ground exceed three and two thirds
(3.671 meters, an intermediate balcony not.more than th~ee an two-thirds
(3.67) meters from the ground or less than two 12) meters in the clear
underneath shall be provided with not less than that of the stairs and
length not less than one and two tenths (1.2) meters.
g) Counterweight shan be provided ior swinging stairs and this shall be of
type balancing about a pivot, no cables being used. Counterweight shall
be securely bolted in place, but sliding ball weight or their equivalent may
be used to hold stairs up and help lower them. Counterbalancing shall be
such that a person weighing sixty eight (68) kilos, who makes one step
from the pivot, will not start swinging the section downward, but when
he is one quarter of the length of the swinging stairs from the pivot, the
section will swing down.
h) Pivot for swinging stairs shall have a bronze bushing or have sufficient
clearance to prevent sticking on account of corrosion.
i) No latch to lock swinging stair section in up positi~n shall be installed.

B. Fire Escspe Ladders


1 ) USE - No form of ladder shall be 'LJsed as a fire escape under the provisions
of this Rule, except that ladders conforming to the following specifications
may be used to provide a means of escape from boiler rooms, grain elevators
and towers as permitted by Divisions 14 and 1 5, elevated platforms around
machinery or similar spaces subject to occupancy by not more than three
able-bodied adults.
2) Installation
a) AU leaders. shall be permanently installed in fixed position, supported by
rigid connection to the building or structure at intervals not exceeding
three (3) meters.
b) Where ladders provide access to roofs or elevated platforms, rails shall
extend not less than one hundred fourteen (114) centimeters above roof
line or platform floor or above coping or parapet. Extension of side rails to
roof shall be carried over coping· or parapet to afford hand hold.
c) Ladders shall be arranged parallel to buildings or structures with travel
either between ladder and building, in which case minimum clearance
center of rungs and building shall be sixty eight (68) centimeters, or out-·
side of ladder, in which case minimum clearance between center of rungs
and building shall be sixteen (16} centimeters.
d) ladders shall be vertical or positively inclined (i.e., ladder sloping out over
the head of a person using it) shall be permitted.

3. Construction:
a) ladders shall be constructed of iron, of steel or of other metal in design
having equivalent strength and resistance to corrosion.
b) Rails of iron or steel ladders shall be not less than one and one-fourth

183
( 1.25} centimeters by five (5) centimeters in section , not less than forty
(401 centimeters apart.
cl Rungs shall be not less than twenty two {22) centimeters nor more than
thirty and one~half (30. 5) centimeters on center.
d) The lowest rung of any ladder sh·an be not more than thirty and one~half
(30. 5) centimeters above the level of the ground or balcony floor beneath
it.

C. Slide Escape:
1 l Use and Capacity Rating
a) A slide escape may be used at component in means of egress where
specifically authorized by Divisions 7 through 15.
b) Slide escapes, where permitted as required exits, shall be rated at one
unit per s\ide, with rated trave1 capacity of 60 persons per f11inute.
c) Slide escapes, except as permitted for high hazard manufacturing
buildings or structures, shall not constitute more than twenty five
(25%1 percent of the required number of units of exit width from any
building or structure or any individual story or floor thereof.
d) Slide escape, used as exits shall comply with the applicable requirements
of this Division for other types of ex its subject to the discretion of th$
Director General of is authorized representative.
2 ) Types - Each slide escape shall be of an approved type.

SEC. 3 .410. Illumination of Meant of Egrets


A. General
1 ) Illumination of means of egress shall be continuous during the time that the
condition of occupancy require that the means of egress be available for use.
Artificial lighting shall be employed at such places and for such periods of
time ·as required to maintain the illumination to the minimum lumen values
herein specified.
2} Illumination of means of egress shall be provided for every building and struc-
ture, as required by Division 7 through 15.
3) The floors of means of egress shall be illuminated at all points including
angles end intersection of corridors and passageways, landings of stairs, and
exit doors to values of not less than one thousandth (0.001 I lumens per
square centimeter.
4) Any required illumination shall be so arranged that the failure of any lighting
unit, such as the burning outof an electric bulb, will not leave area in
darkness.

B. Sources of Illumination:
1 ) Illumination of means of egress shall be from a source of reasonably assured
realiability, such as public utility electric service.
2) Where electricity is used as a source of illumination of means of egress, the
installation shall be properly made in accordance with the appropriate made
in accordance wit~ the appropriate and internationally accepted standards.

184
3) No battery operated electric light nor an.y type of portable lamp or lantern
shall be used for primary illumination of means of egress, but may be used as
!'In emergency source to the extent permitted under Emergency lighting
paragraph "C" of the Section.
4) No luminescent, fluorescent, or reflective material shall be permitted as
substitutes tor any of the required illumination herein specified.

C. Emergency Lighting:
1) In occupancies specified in Division 7 through 15, emergency lighting
facilities shall be provided for means of egress. Where maintenance of
illumination depends upon charging from one energy source to another, there
shalf be no appreciable interruption of illumination during the changeover.
Where emergency lighting is provided by a prime mover-operated electric
generator, delay of not more than ten ( 1 0) seconds shall be permitted.
2) Emergency lighting facilities shall be arranged to maintain the specified
degree of illumination in the event of failure of the normal lighting for a period
of at least one half ( 1/ 2) hour in building more than thirty six and a half (36. 5)
meters in height.
31 An emergency lighting system shall be provided as specified in Division 7
through 15. subject to the ground of Director General or his duly authorized
representative as to the suitability of the equipment for its intended use and
the conditions in the individual premises.
4) Electric battery-operated emergency lights shall use only reliable types of
storage batteries, provided with suitable facilities for maintenance in proper-
ly charged condition. Dry batteries shall not be used to satisfy these re-
quirements. Electric storage batteries used in such lights or units shall be ap-
proved tor their intended used and shall comply with the internationally ac-
cepted standards.
5) An emergency lighting system shall be so arranged as to provide the required
illumination automatically in the event of any interruption of normal lighting,
such as any failure of public utility or other outside electrical power supply,
opening of a circuit breaker or fuse, or any manual act, including accidental
opening of a switch controlling normal lighting facilities.
6} An emergency lighting system shall either be continuously in operation or
shall be capable of repeated automatic operation without intervention.

SEC. 3.411. Exit Marking


A. Signs:
1} Where required by the provisi ons of Division 1 5, exits shall be marked by a
readily visible sign. Access to exits shall be marked by readily visible sign in
all cases where the exit or way to reach it s not immediately visible to the oc-
ct~pants and in any case where required by the applicable provisions of Divi-
sions 7 through 1 5 for individual occupancies.
2) Any door, passage, or stairway which is neither an exit nor a way of exit
access and which is so located or arranged as likely to be mistaken for an ex-
it, shall be identified by a sign reading "NOT AN EXIT" and shall be identified
by a sign indicating its actual character, such as "TO BASEMENT",
"STOREROOM ", "LINEN CLOSET" or the like.

185
3) Every required sign designating an exit or way of exit access shall be so
located and such size, color, and design as to readily visible. No decorations,
furnishing, or equipment which impair visibility of.an exit sign shall be permit·
ted nor shall be permitted, nor shall there be any brightly illuminated sign (for
other than exit purposes), display, or object in or near the line of vision to the
required exit sign of such a character as to so detract attention from the exit
sign.
4) A sign reading "EXIT", with an arrow indicating the direction, shaU be placed
in every location where the direction of travel to reach the rtearest exit is not
imm~diately apparent.

5) Every sign shall be distinctive in color and shall provide c~:mtrast with decora-
tions, interior fin\sh, or other signs.

B. lllumln11tlon of Signa:
1) Every sign shall be suitably illuminated by a reliable light source giving a
value of not less · than five thousandth (0.005} lumens per square cen-
timeters on the illuminated surface. Such illumination shall be cont1nuous as
required under the provisions of Section 3.510. Ulluminat\on of Means of
Egress} and where emergency lighting facilities are required, exit signs shan
t>e illuminated from the same source.
2) Internally illuminated signs shall be provided in all occupancies where reduc·
tion of riormal Illumination is permitted such as to motion picture theaters.

C. Size of Signs:
Every exit shall have the word "EXIT" in plainly legible letters not leas than fifteen
(15) centimeters high with the J)i-incipal strokes of letters not less than nineteen
( 1 9) millimeters wide, except that in existing buildings externally illuminated exit
signs therein having the word "EXIT" in plainly visible letters not less than eleven
and one-half (t 1.5) t:entimeters high, other than in places of assembly, may be
continued in use.

DIVlSIONS 6 - FEATURES OF FIRE PROTECTION

SEC. 3.601 Protection of Vertical Opening and Combustible Concealed Space•


A. GeMI'tll:
1) Every stairway. elevator shaft, light and ventilation shaft, chute and other
opening between stories shan be enclosed or protected to prevent the spread
of fire or smoke, except openings of building protected by automatic fire sup-
pression system as permitted by other Section of this Rule.
2) In any building with low or ordinary hazard occupancy protected with
automatic fire suppression system, up to three (3) communicating floor
levels are permitted without enclosure protection between floors, provided
all the following conditions are met.
a) The arrangement is permitted by the applicable occupancy section of this
Rule and by the Director General or his.duly authorized representative;
b) The lowest or next to the lowest level is a street floor;
c} The {Intire area including all communicating floor levels Ia sufficiently
open and unobstructed so that It mav be assure~ that tire or other
dangerous .condition in any. part will be lmmediately obvious to the oc-
cupants of all communicating levels and areas;

186
dl Exit capacity is sufficient to provide simultaneously for all occupants of
all communicating levels and areas, all communicating levels in the same
fire area being considered as a single floor area for purposes of d etermina·
t ion of required exit capacity.
el Each floor level , considered separately, has at least one-half of its in·
dividual required exit capacity provided by an exit or exits leading directly
out of that area withou traversing another com municating f loor level or
being exposed to the spread of f ire or smoke therefrom; and
fJ A ll requirements of t his Rule with respect to interior f inish, protection of
hazards. construction and other features are fully observed, without
waivers. expect openings in floors of educational and educat ional and in·
stitutional occupancies shall be enclosed as required in Divisions 8 and 9 ,
respectively.
3) Each floor opening, as specified in paragraph "A" ( 1) of this Section shall be
enclosed by substantial walls having fire resistance not less than tl;lat re·
qui red for stairways, paragraph "A" (4) hereof, with approved fire doors or
windows provided in openings therein, all so designed and installed as to pro-
vide a complete barrier to the spread of fire or smoke through such openings.
41 The en.closing walls of floor openings serving stairways. or ramps shall be so
arranged as to provide a continuous path of escape including landings and
passageways. in accordance with Section 3.403, providing protection for
persons using the stairways or ramp against fire or smoke therefrom in other
parts of the building. Such walls shall have fire resistance as follows:
a) New buildings four stories or more in height two hours five resistance .
bl Other new buildings - One ( 1) hour
c) Existing buildings - 112 hour, except where greater resistance is re-
quired by t he Direc tor General or his duly authorized representa t ive in
considerati on of the hazard present .

TURNSTILE
used to co11tro1 traffic.

187
Republic Act 386
Civil Code of the
Philippines
(Contracts and Obligations)
OBLIGATIONS

ART: 1166 - An OBLIGATION is a juridical necessity to do or not to do.


ART. 1157 - Obligations arise from:
1 . Law
2. Contracts
3. Quasi-Contracts
4 . Acts or Omissions punished by law
5 . Ouasi·delicts

DIFFERENT KlNDS OF OBLIGATIONS:


SECTION 1. PURE AND CONDITIONAL OBLIGATIONS
ART. 1181 - In conditional obligations, the acquisition of rights, as well as tht! ex-
tinguishment or loss of those already acquired, shall depend upon the happening of
the event which constitutes the condition.
ART. 1182 - When the fulfillment of the condition depehds upon the sole will of the deb-
tor, the conditional obligation shall be void. If it depends upon chance or upon the will
of a third person, the obligation shall take effect in conformity with the provision of
this C-ode.
ART. 1183.- Impossible Conditions; those contrary to good customs or p'u blic policy and
those prohibited' by law shall annul the obligation which depends upon them . If the
obligation is divisible, the part thereof which is not affected by the impossible or
unlawful condition shall be valid.
The condition not to do an impossible thing shall be considered as not having been
agreed upon.

SEC. 2 - OBUGATlON WITH A PERiOD


ART. 1193 - Obligations for whose fulfillment a day certain has been fixed, shall be
demandable only when that day comes. Obligations with a resolutory period take ef~
feet at once, b.ut terminate upon arrival of the day certain. ·
A day certain is understood to be that which must necessarily comes, although it may
not be known. When if the uncertainty consists in whether the day will come or not,

190
the obligation is conditional, and it shall be regulated by the rules of the preceding Sec.
1125a.
ART. 1198 - The Debtor shall lose every right to make Use of the Period.
1 l When after the obligation has been contracted, he becomes insolvent, unless he
gives a guaranty ·or security for the debt.
2} When he does not furnish to the credilor the guarantees or securities which he
has promised.
·3) When by his own acts he has impaired said guarantees or securities after their
establishment, and when through a fortuitous event ...... they disappear, _unless he
immediately gives new ones equally satisfactory;
4) When the debtor violates any understanding, in consideration of which the
creditor agreed to the period;
5) When the debtor attempts to go abroad.

SEC. 6 OBLIGATIONS WITH A PENAL CLAUSE


ART. 1226. ln. obligations with a penal clause, the penalty shall substitute the indemnity
for damages and the payment of interests in case of noncompliance, if there is no
stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses
to pay the penalty or is guilty of fraud in the fulfillment of the Obligation.
The penalty may be enforced only when it is demandaple in accordance with the provi-
sions of t his Code.
A~T . 1227. The debtor cannot exempt himself from the performance of the obligation
by paying the penalty, save in the case where this right has been expressly reserved
for him. Neither can the creditor demand the fulfillment of the obUgation and the
satisfaction .of the penalty at the same t ime, unless this right has· been clearly granted
him. However, if after the creditor has decided to reQ.u ire the1ulfillmentof the obliga·
tion, the performance thereof should become impossible without his fault, the penalty
may be enforced.
ART. 1228. Proof of actttai damages suffered by the creditor is not necessary in order
that the penalty may be demanded. ·
ART. 1229. The judge shall equitably reduce the-penalty when the principal obligation
has been partly or irregularly complied with by the debtor. Even if there has been no
performanc_
e , the penalty may also be reduced by the courts .if it"is iniquitous or un-
conscionable.
ART. 1230. The nullity of the principal obligation does not carry with it that of the penal
clause.

EXTINGUISHMENT OF OBLIGATIONS
GENERAL PROVISIONS
ART. 1231 . Obligations are extinguished :
11 By payment or performance;
21 · By the loss of the ~hing due;
3) By the condonation or remission of the debt;
4) By the confusion or merger of the rights of creditor and debtor;
51 · By compensation;
61 By n()vation.
191
Other causes of extinguishment of obligations, such as annulment, rescission, fulfill-
ment of a resolutory condition, and prescription, are governed elsewhere in this Code.

SECTION 1. PAYMENT OF PERFORMANCE


ART. 1232. Payment means not only the delivery of money but also the performance, in
any other manner, of an obligation.
ART. 1233. A debt shall not be understood to have been paid unless the thing or service
in which the obligation consists has been completely delivered or rendered, as the
case may be.
ART. 1234. tf the obligation has been substantially performed in good faith, the obligor
may recover as though there had been a strict and complete fu\fiUment, \ess damages
suffered by the obligee.
ART. 1235. When the obligee accepts the performance, knowing its incompleteness or
irregularity, and without expressing any protest or objection, the obligation is deemed
fully complied with.
ART. 1236. The creditor is not bound to accept payment or peformance by a third per-
son who has no interest in the fulfillment of the obligation, unless there is a stipulation
to the contrary.
Whoever pays for another may demand from the debtor what he has paid, except that
if he paid without the knowledge or against the will of the debtor, he can recover only
insofar as the payment has been beneficial to the debtor.
ART. 1237. Whoever pays on behalf of the debtor without the knowledge or against the
will of the latter, cannot compel the creditor to subrogate him in his rights, su~h as
those arising· from a mortgage: guarranty, or penalty .
ART. 1238. Payment made by a third person who does not intend to be reimbursed by
the debtor is deemed to be a donation, which required the debtor's consent. But the
payment is in any case valid as to the creditor who has accepted it.
ART. 1239. In obligations to give payment made by one who does not have the free
disposal of the thing due and capacity to alienate it shall not be valid, without pre·
judice to the provisions of article 1427 under the Title on "Natural Obligations."
ART. 1240. Payment shall be made to the person in whose favor the obligation has been
constituted, or his successor in interest, or any person authorized to received it.
ART. 1241. Payment·to a person who is incapacitated to administer his property shall
valid if he has kept the thing delivered, or -insofar as the payment has been beneficial to
him.
Payment made to a third person shall also be valid insofar as it has redounded to the
benefit to the creditor ne~d not be proved in the following case$:
1 ) If after the payment, the third person acquires the creditor's right;
2) If the creditor ratifies the payment to the third person;
3) If the creditor's conduct, the debtor has been led to believe. that the third person
h&d authority to receive the payment.
ART. 1242. Payment made in good faith to any person in possession of the credit shall
release the debtor.
ART. 1243. Payment made to the creditor by .the debtor after the latter has been judicial-
ly ordered to retain the debt shall riot be valid.

192
ART. 1 ?..44. The debtor of a thing cannot compel the creditor to receive a different one,
although the latter may be of the same value as, or more valuable than that which is
due.
In obligations to do or not to do, an act or forbearance cannot be substituted by
another act or forbearance against the obligee's will.
ART. 1245. Dation in payment, whereby property is alienated to the creditor in satisiac-
. tion of a debt in money, shall be governed by the law of sales.
ART. 1246. When the obligation consists in the delivery of an indeterminate or generic,
whose quality and circumstances have not stated, the creditor cannot demand a thing
of superior quality. Neither can the debtor deliver a thing of inferior quality. The pur·
pose of the obligation and other circumstances shall be taken into consideration.
ART. 1247. Unless it is otherwise. stipulated, the extra-judicial expenses required by the
payment shall be for the account of the debtor. With regard to judicial costs, the Rules
of Court shall govern.
ART. 1248. Unless there is an express stipulation to that effect, the creditor cannot be
compelled partially to receive the presentations in which the obligation consists.
Neither may the debtor be required to make partial payments.
However, when the debt is in part' liquidated and in part unliquidated, the creditor may
demand and the debtor may effect the payment of the former without waiting for the
liquidation of the latter.
ART. 1249. The payment of the debts in money shall be made in the currency stipulated,
and if it is not possible to deliver such currency. then in the currency which is leg~l
tender in the Philippines.
The delivery of promissory notes payable to order. or bills of exchange or other mer-
cantile documents shalt produce the effect of payment only when they have been
cashed, or when through the fault of the creditor they have been impaired.
In the meantime, the action derived from the original obligation shall be held in
abeyance.
ART. 1250. In case an extraordinary inflation or deflation of the currency stipulated
should supervene, the value of the currency at the time of the establishment of the
obligation shall be the basis of payment, unless there is an agreement to the contrary.
ART. 1251. Payment shall be made in the place designated in the obligation.
,There being no express stipulation and if the undertaking is to deliver a determinate
thing, the payment shall be made wherever the thing might be at the moment the
obligation was constituted.
In any other case the place of payment shall be the domicile of the debtor.
If the debtor changes his domicile in bad faith or after he has incurred in delay, the ad··
ditional expenses shall be borne by him.
These provisions are without prejudice to venue under the Rules of Court.

SUBSECTION 1. APPLICATfON OF PAYMENTS


ART. 1252. He who has various debts of the same kind in favor of one and the same
creditor, may declare at the time of making the payment, to which of them the same
must be applied. Unless the parties to stipiJiate, or when the applic~tion of payment is
made by the party for whose benefit the term has been constituted, application shall
not be made as to debts which are not yet due.

193
If the debtor accepts from the creditor.a re~pt in.which an application of the payment
is made, the former cannot complain ofe the same, unles.s there is .a cause for In·
validating the contract.
ART. 1263.•If the debt produces· interest, payment of the principal shall not be deemed
to have·been made until the i nterests have been covered.
ART. 1264. When the payment cannot be applied in ~ccordance with the preceding
rules, or if application cannot be inferred from other circumstances, the debt which is
most onerous to the debtor, among those due, shall be deemed to have been satisfied.
If the debts due are of the seme nature and burden, the payment shall be applied to all
of them proportionately.

CONTRACTS
GENERAL PROVISIONS
ART. 1305. A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service .
ART. 1306. The contracting parties may establish such stipulations, clauses, terms and con·
ditions as they may deem convenient, provided they are not contrary to law, morals, good
customs public order, or public policy.
ART. 1307. Innominate contracts shall be regutated by the stipulations of the parties, by the
provisions of Titles 1 and 11 of this Book, by the rules governing the most analogous
nominate contracts, and by the customs of the place.
ART. 1308. The contract must bind both contracting parties; its valklity or compliance can·
not be left to the will of one of them.
ART. 1309. The determination of the performance may be left to a third person, whose deci·
sion shall not be bindlng until it has been made known to both contracting parties.
ART. 131 0. The determination shall not be obligatory if it is evidently inequita~le . In such
case, the courts shall decide what is equitable under the circumstances. ·
ART. 1311. Contracts take effect only between the parties, their assigns and heirs. ex-
cept in .case where the rights and obligations arising from the contract are not
transmissible by their nature, or by stipulation or by provision of law . The heir is not
liatlle beyond the value of the property he received from the decendant.
If a c ontract should contain some stipulation in favor of a third person, he may demand
its fulfillment provided he communicated his · acceptance to the obligor before its
revocetion. A mere incidental benefit or Interest of a person is not suffiCient. The con·
tracting parties must have clearly and deliberately conferred a favor upon a third per-
son.
AR1'. 1312. .\n contracts creating rea\ rights, third persons who come into possession of
the object of the contract are bound thereby, subject to the provisions of the Mortgage
Law and the Land Registration laws.
ART. 1313. Creditors are protected in cases of contracts intended to defraud them .
ART. 1314. Any third person who induces another to violate his contract shall be liable
for damages to the other contracting party .
ART. 1315. Contracts are perfected by mere consent, and from that moment the parties
are bound not ~nly to the fulfillment of what has been expressly st ipulated but also to
all the consequences which, according to their nature, may be in ke6ping with good
faith, usage and taw.

194
ART. 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected
until the delivery of the object of the obligation.
ART. 1 317. No one may contract in the name of another without being authorized by the
latter, or unless he has by law a right to represent him.
A contract entered into in the name of another by·one who has no authority or legal
representation, or who has acted beyond his powers, shall be unforceable, unless it is
· ratified, expressly or impliedly, by the person or whose behalf it has been executed,
before it is revoked by the other contracting party.

ESSENTIAL REQUISITES OF CONTRACTS


GENERAL PROVISIONS
ART. 131 8. There is no co.ntract unless the following requisite$ concur:
1 ~ Consent of the contracting parties;
2) Object certain which is the subject matter of the contract;
3) Cause of the obligation which is established.

SECTION 1 - CONTRACT
ART. 1319. Consent is manifested by the meeting of the offer and the acceptance upon
the t hing and the cause w hich are to constitute the contract. The offer must be certain
and the acceptance absolute. A qualified ac.ceptance constitutes a counter-.offer.
Acceptance made by letter or telegram does not bind the ofierer except from the time
it came to his knowledge. The contract, in such a case, is presumed to have been
entered into in the place where the offer was made.
ART. 1320. An acceptance may be express or. Implied.
ART. 1321. The person making the offer may fix the time, place, and manner of accep-
tance, all of which must be complied with .
ART. 1322. An ·offer made through an agent is accepted from the time acceptance is
communicated to him.
ART. 1323. An offer becomes ineffective upon the death, civil inte'rdic;:tion, insanity, or
insolvency of either party before acceptance is conveyed.
ART. 1324. When the offerer has allowed the offeree a certain period to accept, the of-
fer may be withdrawn at any time before acceptance by communicpting such
withdrawal, except when the option is founded .upon a consideration, as something
paid or promised.
ART. 1325. Unlt;~ss it appears otherwise , business advertisements of things for sale are
not definite offers, but mere ·invitations to make an offet".
ART. 1326. Advertisements for bidders are simply invitations to make proposals, and
the advertisers is not bound to accept the high'e st or lowest bidder, unless the contrary
appears.
ART. 1327. The following cannot give consent to a contract.
1) Unemancipated minors:
2}. Insane or demented persons, and deafmutes who do not know how to write.
ART. 1328. Contracts entered to during a LUCID interval (Temporaryperiod of national-
ity between period of unsanity or d&lirium) are valid. Contracts agreed to in a state of
drunkenness or during a hypnotic spell are voidable.

195.
ART. 1329. The incapacity declared in article 1327 is subject to the modifications deter-
min~d by law, and is understood to be without prejudice to special disqualifications
established in the laws.
ART. 1330. A. contract where consent is given through mistake, violetlce, intimidation,
undue influence, or fraud is voidable.
ART. 1331. In order that mistake may invalidate consent, it should refer to the
sub~tance of the thing which is the object of the contract, or to those conditions
which have principally moved ·one or both parties to enter into the contract.
Mistake as to the identity or qualiiications oi one oi the parties w1U vitiate consent only
when such identity or qualifications have been the principal cause of the contract.
A simple mistake of account shalt give rise to its correction.
ART . 1332. When one of the parties is unable to read, or if the contract is in a language
not understood by him, and mistake or fraud is alleged, the person enforcing the con·
tract must show that the terms thereof have been fully explained to the former. ·
ART. 1333. There is no mistake if the party alleging it knew the doubt, contigency or risk
affecting the object of the contract.
ART. 1334. Mutual error as to the legal effect of an agreement when the real purpose of
the parties is frustrated, ·may vitiate consent.
ART. 1335. There is violence when in order to wrest consent, serious or irresistible force
is employed.
There is intimidation when one of the contracting parties is compelled by a reasonable
and well-grounded fear of an imminent and grave evil upon his person or property, or
upon the person or property of his spouse, descendants or ascendants, to give his
consent.
To determine the degree of the intimidation, the age, sex, and condition of the person
shall be borne in mind.
A threat to enforce one's claim through competent authority, is the cl.aim is just or
legal, does not vitiate consent.

ART. 1336. Violence or intimidation shall annul the obligation, although it mav have
been employed by a third person who did not take part in the contract.
ART. 1337. There is undue influence when a person takes improper advantage of his
power over the w ill of another, depriving the latter of a reasonable freedom of choice.
The following circumstances shall be considered: the confidential, family, spiritual and
other relations between the parties, or the fact that the person alleged to have been
unduly influenced-was suffering from mental weakness, or was ignorant or in financial
distress.
ART. 1338. There is fraud when, through insidious words or machinations of one of the
contracting parties, the other is induced to enter into a contract which, without them,
he would not have agreed to.
ART. 1339. Failure to 'disclose facts, when there is a duty to reveal them, as when the
parties are bound by confidential relations, constitutes fr~ud.
ART. 1340. The usual exaggerations in trade, when the other party had an opportunity
to know the facts, are not in themselves fraudulent.
ART. 1341. A mere expression of an opinion does not signify fraud, unless made by an
expert and the other party has relief on the former's special knowledge.

19o
ART. 1342. Mispresentation by a third person does not vitiate consent, unless such
.misrepresentation has created substantial mistake and the same is mutual.
ART. 1343. Misrepresentation made in good faith is not fraudulent but may const1tute
error.
ART. 1344. In order that fraud may make a contract voidable, it should be serious and
should not have been employed by both contracting parties.
Incidental fraud only obliges the person employing it to pay damages.
ART. 1345. Simulation of a contract may be absolute or absolute or relative. The former
takes place when the parties do not intend to be bound at all; the latter, when the par-
ties conceal their. true agreement.
ART. 1346. An absolutely simulated or fictitious contract is void . A relative simulation,
when it does not prejudice a third person and is not intended for any purpose contrary
to law, morals. good customs, public order or public policy binds the parties to their
real agreement.

SECTION 2 - OBJECT OF COI'\ITRACTS


ART. 134 7 . All things which are not outside the commerce of men, including future
things. may be the object of contract. Atl rights which are not intransmissible may also
be the object of contracts.
ART . 1348. Impossible things or services can not be the object of contracts .
ART. 1349. The object of every contract must be determinate as to its kind . The fact
that the quantity is not determinate shall not be an obstacle to the existence of the
contract. provided it is possible to determine the same without the need of a new con-
tract between the parties .

SECTION 3 - CAUSE OF CONTRACTS


ART. 1350. In onerous contracts the cause is understood to be, for each contracting par-
ty, the presentation or promise ot a thing or service by the other; in remuneratory
ones. the service or benefit which is remun erated; and in co ntracts of pure
beneficence. the mere liberality of the benefactor.
ART. 1351. The particular motives of the parties in entering.into a contract are different
from the cause thereof.
ART. 1352. Contracts without cause , or with unlawful cause, produce no effect
whatever. The cause is unla wful if it is contrary to law, morals , good customs. public
order or public policy .
ART. 1353. The statemen t of a false causes in contracts shall render them void, if it
should not be proved that they were founded upon another cause which is true and
lawful.
ART. 1354. A lthough the cause is not stated in the contract, it is presumed that it exist
and in lawful, unless the debtor proves the contrary.
ART. 1355. Except in cases specified by law, lesion or inadequacy of cause shall not
invalidate a contract, unless there has been fraud , mistake or undue influence .

FORM OF CONTRACTS
ART. 1356 . . Contracts shall be obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are present. However, when
the law requires that a contract be in some form in order that it may be valid or en-

197
forceable, or that a contract be proved in a certain way, that requirement is absolute
and indispensable. tn such cases, the right of the parties stated In the following article
cannot be exercised.
ART. 1367. If the law requires a document or other special form , .as in the acts and
contracts enumerated in the followiog article, the contracting parties may compel
each other to observe that form, once the contract has been perfe~ted. This right may
be exercised simultaneously wlth the action upon the contract.
ART. 1368. The following must appear hi a public docu~ent .

1) Acis and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales of
real property or of an interest therein are governed by articles 1403, No. 2. and
1405;
2l The .cession, repudiation or renunieiation of heredttary rights or of those of the
conjugal partnershtp of gains;
3} The power to administer property, or any other power which has for its object an
act appearing or which should appear in a public document, or should prejudice a
third person.
4) The cession of actions or rights proceeding from an act appearing in a public
document.
All other contracts where the amount involved exceeds five hundred pesos must ap·
pear in writing even a private one. But sales of goods chattels or things in action are
governed by artictes 1403, No. 2 and 1405.
VOIDABLE CONTRACTS
ART. 1390. ·The following contracts are voidable or annullable, even though there may
have been no damage to the contracting parties:
11 Those where one of the parties is incapable (if giving consent to a contract:
2) Those where the consent is vitiated by mistake, violence, intimidation, undue
influence or fraud.
These contracts are binding, unless they are annulled by a proper action in court. They
are susceptible of ratification.
ART. 1391. The action for annutlment shall be br.ought within four years.
This period shall begin:
In cases of intimidation, violence or undue influence, from the time of defect of the
consent ceases .
In case of mistake or fraud, from the time of the discovery ot the same.
And when the action refers to contracts entered into by minors or other incapacitated
persons, from the time the guardianship ceases.
ART. 1392. Ratification extinguishes the action to annul a voidable contract.
ART. 1393. Ratification may be effected expressly or tacitly . It is understood that there
is a tacit ratiiication if, with knowledge of the reason which renders the contract
voidable and such reason having ceased, the person who has a right to invoke it
should execute an act which necessarily implies an intention to waive his right.
ART. 1394. Ratification may be effected by the. guardian of the incapacitated person.
ART. 1396. Ratification does not require the conformity of the contracting party who
has no right to bring the action for annullment.

198
ART. 1396. Ratification cleanses the contract from. all its defects from the moment it
was constituted.
ART. 1 3 97. The action for the annulment of contracts may be instituted by all who are
thereby obliged principally or subsidiarity. However, persons who are capable allege
the inC.apacity of those with whom they contracted; nor can those who exerted in-
timidation, violence, or undue influence, or employed fraud, or caused mistake base
. their action upon these flaws of the contract.
ART. 1398. An obligation having been annulled, the contradicting parties shall restore to
each other the things which have been the subject matter of the contract, with their
fruits. and the price with its interest, except in cases provided by law.
In obligations to render service, the value thereof shall be the basis for damages.
ART. 1399. When the defect of the contract consists in the incapacity of one of the par-
ties, the incapacitated person is not obliged to make. any restitution except insofar as
he has been benefited by the thing or price received by him .
ART. '1400 . Whenever the person obliged by the decree of annulment to return the thing
can not do so because it has been lost through his fault, he shall return the fruits
received and the value of the thing at the time of the loss, with interest from the same
date.
ART. 1401. The action of annulment of contracts shall be extinguished when the thing
which is the object thereof is lost through the fraud or fault of the person who has a
right. to institute the proceedings.
If the right of action is based upon the incapacity of any one of the contracting parties,
the loss of the thing shall not be an obst acle to the success of the action, unless said
loos took place through the f raud or fault of the plaintiff.
ART . 1402. As long as one of the contracting parties does not restore what is virtue of
the de'crees of annulment he is bound to return, the other cannot be compelled to com-
ply with what is incumbent upon him.

UNENFORCEABLE CONTRACTS
ART. 1403. The following contracts are unenforceable, unless they are ratified:
1) Those entered into in the name of another person by one who has been given no
authority or legal representation, or who has acteq beyond his powers;
21 Those that do not comply with the Statute of Frauds as set forth in this number.
In the following cases an agreement hereafter made shall be unforceable by ac-
tion, unless the same, or some note or memorandum thereof, be in writing, an
subscribed by the party charged, or by his agent; evidence therefore, of the
agreement cannot be received without the writing, or a secondary evidence of its
contents:

a) An agreement that by its terms is not to be performed within a year from the
making thereof;
b) A special promise to answer for the deot default, or miscarriage of another.
c) An agreement made in consideration of marriage, other than a mutual promise
to marry;
d) An agreement for the sale of goods, chattels or things in action, at a price not
less than five hundred pesos, unless the buyer accept and receive part of such
goods and chattels, or the evidence, or some of them, of such things in ac-
tion, or pay at the time some part of the purchase money; but when a sale is

199
made by auction and entry is made by the auctioner in his sales book, at the
time of the sale, of the amount and kind of property sold, terms of sale, price,
names of the purchasers and person on whose account the sale is made, it is
a sufficient memorandum;
e) An agreeQ'lent for the leasing for a longer period than one year, or for the sale
of real property or of en interest therein;
f} A representation as to the credit of a third person.
3} Those where both parties are incapable of ghting consent to:a contract.
ART. 1404. Unauthorized contracts are governed by article 1 31 7 and the principles of
agency in Title X of this Book.
ART. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of article
1403, are ratified by the failure to object to thEt presentation of oral evidence to prove
the same, or by the acceptance of benefits under them.
ART. 1406. When a contract is enforceable under the Statute of Frauds, and a public
documents i.6 necessary for Its registration in the registry of deeds, the parties may
avail themselves of the right under 1 3 57.

ART. 1407. In a contract where both parties are incapable of giving consent express
or implied ratification by the parent, or guardian as the case may be, of one of the con-
traction parties shall give the contract the same effect as if only one of them were in-
capacitated.
If ratification is made by the parents or guardians, as the case may be, both contrac-
ting parties, the contract shall be validated from the inception.

ART. 1408. Unenforceable contracts cannot be assailed by third persons.

VOID OR INEXISTENT CONTRACTS


ART. 1409. The following contracts are inexistent and void from the beginning:
1 ) Those whose cause. object or purpose is contrary to law, morals, good customs,
public order or public policy;
2) Those which are absolutely simulated or fictitious;
3) Those whose cause or object did not exist at the time of the transaction;
4) Those whose object is outside the commerce of men;
5) Those which contemplate an impossible service;
6) Those where the intention of the parties relative to the principal object of the con-
tract cannot be ascertained; ·
7) Thase expressly .Prohibited or declared void law.
These contracts cannot be ratified. Neither can the right to set up the defense of il-
legality be waived.
ART. 1410. The action or defense for the declaration of the inexistence of a contract
does not prescribe.
ART. 141 1 . When the nullity proceeds from the 1\\egamtv oi the cause or object ot the
contract, and the act constitutes. a criminal offense, both panies being in pari delicto,
they shall have no action against each other, and both sha.ll be prosecuted . Moreover,
the provisions of the Penal Code relative to the disposal of. effects or instruments of e
crime shaH be applicable to the things or the price of the contract.
This rule shall be applicable when only one of the parties is guilty; but the innocent one
may ctaim what he has given, and shall not be bound to comply w ith his promise .

200
ART. 1412. If the act in which the unlawful or forbidden cause consists does not con-
stitute a criminal offense, the following rules shall be observed:
1) When the fault is on the part of both contracting parties, neither may recover
wh&t he has given by virtue of the contract, or demand the performance of the
other's undertaking;
2) When only one of the contracting parties is at fault, he cannot recover what he
has been promised him. The other, who is not at fault, may demand the return of
what he has given without any obligation to comply with his promise.
ART. 1413. Interest paid in excess of the interest allowed by t he usury laws rnay be
recovered by the debtor, with interest thereon from the date of payment.
ART. 1414. When money is paid or property delivered for an ·illegal purpose, the contract
may be repudiated by one of the parties before the purpose has been accomplished, or
before any damage has been caused to a third person. In such case, the courts may, if
the public interest will thus be subserved, allow the party repudiating the contract to
recover the money or property.
ART. 14'1 6. Where one of the parties to an illegal contract is incapable of giving consent,
the courts may, if the interest of justice so demands, allow recovery of money or pro·
party delivered by the incapacitated person.
ART. 1416 . When the agreement is not illegal per se but is merely prohib~ted, and the
prohibition by the law is designed for the protection of the plaintiff, he may, if public
policy is thereby enhanced, recover what he has paid or. delivered .
ART . 1417. Wt)en t he price of any article or commodity is determined by statute , or by
authority of law , any person paying any amo\Jnt in excess of the maximum price allow-
ed may recover such excess.
ART. 1418. When the law fixes, or authorizes the f ixing of t he maximum number of
hours of labor, and a contract is entered into whereby a laborer undertakes to work
longer than the maximum thus fixed, .he may demand additional compensation for ser·
vice rendered beyond the time limit.
ART. 1419. When the law sets, or authorizes the setting of a minimum wage for
laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he
shall be entitled to recover the deficiency.
ART. 1420. In case of a divisible contract, if the illegal terms can be separated from the
legal ones, the latter may be enforced.
ART. 1421 . The defense of illegality of contracts is not available to third persons whose
interests are nbt directly affected.
ART. 1422. A contract which is the direct result of a previous illegal contract, is also
void and inexistent.

SECTION 2 - CONTRACT OF LABOR


ART. 1700. The relations between capital and labor are not merely contractual. They are
so impressed with public interest that labor contracts must yield to t he common good.
Therefore, such contracts are subject to t he special laws on labor unions, collect ive
bargaining, strikes and lockouts, closed .shop, wages, working conditions, hours of
labor and similar subjects.

ART. 1701 . Neither capital nor labor shall act oppressively against the other, or impair
the interest or convenience of the public.
ART. 1702. In case of doubt, all labor legislation and all labor contracts shall be con-

201
strued in favor of the safety and decent' living for laborer.
ART. 1703. No contract which partially amounts to involuntary servitude, under any
guise whatsoever, shall be valid.
ART. 1704. In collective bargaining, the labor union or members of the board or commit-
tee signing the contract shall be liable for non-fulfillment thereof.
ART. 1706. The laborer's wages shall be paid in legal currency.
ART. 1706. Withholding of the wages. except for a debt due, shall not be made by the
employer.
ART. 1707. The laborer's wages shall be a lien on the goods manufactured or the work
done.
ART. 1708. The laborer's wages shall not be subject to execution or attachment, except
for debts incurred for food, shelter. clo'thing and medical attendance.
ART. 1709. The employer shall neither seize nor retain any tool or other articles belong-
ing to the laborer.
ART. 1710. Dismissal of laborers shall be subject to the supervision of the Government,
under special laws.
ART. 1711. Owners of enterprises and other employers are obliged to pay compensation
for the death or injuries to their laborers, work.men, mechanics or other employee,
even though the event may have been purely accidental or entirely due to a fortuitous
cause, if the death or personal injury arose out of and in the course of the employment.
The employer is also liable for compensation if the employee contracts any illness or
disease caused by such employment or as the result of the nature of the employment.
If the mishap was due to the employees own notorious negligence, or voluntary act. or
drunkenness, the employer shall not be liable for compensation. When the ernployee's
lack of due care contributed to his death or injury. the compensation shall be equitably
reduc~d.

ART. 1712. If the death or injury is due to the negligence of a fellow~ worker, the latter
and the employer shall be solidarity liable for compensation. If a fellow-worker's inten-
tional or malicious aet is the only cause of death or injury, the employer shall not be
answerable, unless it should be shown that the latter did not exercise due diligence in
the selection or supervision of the plaintiff's fellow-worker.

SECTION 3 - CONTRACT FOR A PIECE OF WORK


ART. 1 713. By the contract for a piece of work the contractor binds himself to execute a
piece of work for the employer, in consideration of a certain price or compensation.
The contractor may either employ only his labor or skill, or also furnish the material.
ART. 1714. If the contractor agrees to produce the work from material furnished by him,
he shalt deliver the .thing produced to the employer and transfer dominion over the
thing. This contract shall be governed by the following articles as well as by the perti-
nent provisions on warranty of title and against hidden defects and the payment of
price in a contract of sate.
ART. 1715. The contractor shall execute the work in such a manner that it has the
qualities agreed upon and has no defects which destroy or tessen its value or fitness
for its ordinary or stipulated use. Should the work be not of such quality, the employer
may require that the contractor remove the defect or execute another work. If the con-
tractor fails or refuses to comply with this obligation, the employer may have the
defect removed or another work executed, at the contcactor's cost.

202
ART. 1716. An agreement waiving or limiting the contractor's liability for any defect in
the work is void lf the contractor acted fraudulently.
ART. 1717. If the contractor bound himself to furnish the material , he shall suffer the
loss if the work should be destroyed before its delivery, save when there has been
delay in receiving it.
ART. 1718. The contractor who has undertaken to put only his work or skill, cannot
claim any compensation if the work should be destroyed before its delivery, unless
there has been delay in receiving it, or if the destruction. was caused by the poor quali-
ty of the materia!, provided this fact was comniunicated.in due time to the owner, the
contract is extinguished.
ART . 1719. Acceptance of the work by the employer relieves the contractor of liability
for any defect in the work unless:
1) The defect is hidden and the employer is not, by his special knowledge, expected
to recognize the same; or
2) The employer expre.ssly reserves his rights against the contractor by reason of
the defect.
ART. 1720. The price or compensation shall be paid at the time and place of delivery of
the work. unless there is a stipulation to the contrary. If the work is to be delivered par-
tially. the price or compensation for each part having been fixed, the sum shall be paid
at the time and place of delivery, in the absence of stipulation .
-
ART. 1721. If, in the execution of the work, an act of the employer is required, and he
incurs in delay or fails to perform the. act, the contractor is entitled to a reasonable
compensation.
The am6unt of the compensation is computed, on the one hand, by the duration of the
delay and the amount ofthe compensation stipulated, and on the other hand. by what
the contractor has saved in expenses by reason of the delay, or is able to earn by a dif-
ferent employment of his time and industry.

ARl'. 1722. If the work cannot be completed on account of a defect in the·material fur-.
nished by the employer. or because of orders from the employer. without any fault on
the part of the contractor, the latter has a right to an equitable part of the compensa-
tion proportionally to the work done, and reimbursement for proper expenses made.
ART. 1723. The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the struc-
ture, the same should collapse by reason of a defect in those plans and specifications,
or due to the defects in the ground. The contractor is likewise responsible for the
damages if the edifice falls, w'ithin the same period, on account of defects in the con-
struction or the use of materials of inferior quality furnished by him, or due to any
violation of the terms of the contract. If the engineer or architect supervises the cons-
truction, he shall be solidarily liable with the contractor.
Acceptance of the buildings, after completion does not imply waivar of any of thtiJ
causes of action by reason of any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the collapse of the building.
ART. 1724. The contractor who undertakes to build a structure or any other work for a
stipulated price, in conformity with plans and specifications agreed upon with the
landowner, can neither withdraw from the contract nor demand ·an' increase in the
price on account of the higher cost of labor or materials, save when there has been a
change in the plans and specifications, provided:

203
1 ) Such change has been authorized by the proprietor in writing: and
2) . The additional price to be paid to the contractor has been determined in writing
by both parties.
ART. 1725. The owner may withdraw at will from the construction of the work,
although it may have been comm4!nced indemnifying the contractor fOI' ell the latter's
expenses, work, and the usefulness which the owner may obtain therefrom and
damage~.

ART. 1728. When a piece of work /ras been entrusted to a person by reason of his per·
sonal qualifications, the contract is rescinded upt)n hjs death.
ln.this case the proprietor shall pay the heirs of the c6ntractor in proportion to the price
agreed upon, the value of the part of the work done, and of the materials prepared pro·
vided the latter yield him some benefit.
The same rule shall apply if the contractor cannot finish the work due to cir-
cumstances beyond his control.
ART. 1727. The contractor is responsible for the work done by persons employed by
him.
ART. 1728. The contractor is liable for all the claims of laborers and others employed by
him, and of third persons for death or physical injuries during the construction.
ART. 1729. Those who put their labor upon or furnish materials for a·piece of work
undertaken by the contractor have an action against the owner up to the amount ow-
Ing from the latter to the contractor at the time the claim is made. However, the
following shall not prejudice the laborers, employees and furnishers of materials:
1) Payments made by the owner to the contractor before they are due;
2) Renunciation by the contractor of any amount due him from the owner .
This article is subject to the provisions of special laws.
ART. 1730. lilt is agreed that the work shall be accomplished to the satisfaction of the
proprietor, it is understood that in case of disagreement the question shall be subject
to expert judgment.

204
The United Architects of
the Philippines and
Related Professional
Organizations
THE UNITED ARCHITECTS OF THE PHILIPPINES
H\STORY OF ARCHITECTURAl ORGANIZATIONS IN THE PHIUPPINES
The first Engineers and Architect's Law Act. No. 2985, was passed by the National Assembly
in 1 921 where the Maestros de Obras or Master Builders are required to register as Architects.
As the number of practicing architects began to increase, the need for establishing and con-
trolling professional standards and conduct of ethics became necessary.
In 1933 the Philippine Architects Society tPAS) was organized. The Society drafted the con~
stitution and by-laws and the adoption of a Code of Ethics and Standard Professional Fees.
On Sept. 2 , 1945, the .name of the society was amended to the Philippine Institute of Ar-
chitects and Pfanners (PIAP) which was subsequently changed to PIA.
In 1950 the League of Philippine Architects ILPAl was formed as the second architectural
organization. During this year, the profession of Architecture was given its first separate
statute with the enactment of Republic Act 545, " An Act to Regulate the Practice of Architec-
ture in the Philippines."
A third organization of architects, called the Association of Philippine Government Architects
tAGPA) was formed in 1958 .
His excellency President Ferdinand Marcos issued PD 223 in June 1973 creating the profes·
sional Regulation Commission !PAC) with the duty of regulating atl the professions and ac-
crediting only one professional organization lo represent a profession .
Recognizing the need to formally integrate, the three architectural associations, APGA. LPA
and PIA each appointed three representatives to f9rm the Panel of Negotiators in May 1973
with the Board of Examiner for Architects as consultants.
One year later, the respective Board of Directors of the three organizations on Dec. 12, 1974
unanimously approved the constitution and By-Laws, and the Ad Hoc Commission was
authorized to sit as an Interim Board to administer, implement and coordinate the various ac·
tivities of the new organization until the first regular Board of Directors and officers was duly
elected.
The new integrated society was called, the United Architects, of the Philiwt(les (UAP). And
became the first accredited professions\ organization when on~ay 12, 1 97~Jthe f»RC issued
Certificate No. 001 to the UAP as the duly accredited professional organization for architects in
the Philippines.
In the process of consolidating all the documents of the three organizations, the UAP saw the
need to review and update them in order to be more responsive to the practice of the profession

206
in the Philippines. The first draft of the revised National Code was divfded into two divisions,
namely:
1 . Code of Ethical Conduct
-and -
2. Standards of professional Practice

STANDARDS OF PROFESSIONAL PRACTICE


CLASSIFICATION: SECTIONS:
1 . Pre-Design Services UAP Doc. 201 ·
2. Design Services UAP Doc. 202
3. Specialized A llied Services UAP Doc. 203
4. Construction Services UAP Doc. 204
5. Post-Construction Services UAP Doc. 205
6. Comprehensive Architectural Services UAP Doc. 206
7. Design-Build Services UAP Doc. 207
8. Selection of Archite.cts and Methods
of Construction UAP Doc. 208
9. Competition Code UAP Doc . 209
The Final form of the Architect's National Code was approved by the UAP National Board of
Directors and Professional. Regulation Commission for compliance by the practicing Architects
in the Philippines on July 2 1 , 1 9 7 9.

COMMITTEE ON PROFESSIONAL PRACTICE & ETHICS:


Chairman Felipe M . Mendoza, FUAP
Vice Chairman Froilan L. Hong, CUAP
Members Otillo A. Areilano,' FUAP
Cesar V: Canchela, FUAP
Antonio S. Dimalanta, FUAP
Cristina R. Fugoso, UAP
Geronimo V. Manahan, UAP
Norberta M. Nuke, FUAP
Rebecca V. Tobia

PURPOSE AND OBJECTIVES


The Architects of the Philippines, aware of the need of integrating the architectural profession
in order to better project the value and importance of the role of the architect in nation building
and public service, hereby adopt the following objectives: ·

a. To unite all registered architects of the Philippines.


b. To establish and promote the highest standards of ethical conduct and excellence ln the
practice and service of the architectural profession; .
c. To uplift the standards of ar·chitectural education, conduct researches, accumulate and
disseminate information and ideas in architecture, environmental design, ecology,
technology, culture and other related fields.
d. To cooperate and coordinate with other allied professions, trades and industry;
e. To participate in matters concerning national develo-pment of the country.
f. To cooper.ate_with the ~oard of Architecture and other government agencies:
g. To cooperate and coordinate with international organizations in the field of architecture, en-
vironmental design.and other fields of arts, science and technology; and

207
h. To render any lawful and appropriate assistance to any of its members .

MEMBERSHIP
TYPES OF MEMBERS:
1. CORPORATE MEMBERS- any duly registered architect in t he Philippines is qualified
to be a corporate member and thereby print after his name, the initials "UAP". Every
aorporate member shall be a UAP Chapter ort the basis of residence, place of work or
place relevant to his practice. He shall pay his yearly dues to be in good standing .
2. CHARTER CORPORATE MEMBER - All corporate members of the three organiza-
tions, APGA, LPA, PIA, who registered with the UAP on or before December 31,
1975. He shall have the right to a document evidencing his membership thereto,
receive and abide by this By-Laws, use and print after his name, the initials "CUAP".
representing " Chapter Member" UAP.
3 . FELLOW - any corpor~te memtMtr upon his formal bestowal of the title fellow shall
have the right to use and print after his name the initials "FUAP" representing
"Fellow, UAP."
a. Qualifications - corporate members, to qualify for nomination to fellowship must
have been in good standing with the UAP continuously for at least ten ( 1 Ol years
at the time of his nomination and must have rendered notable contribution to the
advancement of the architectural profession be it is design, construction, jour-
nalism, education or public service for which the jury fellows nominated him as
fellow and confirmed by three-fourths 13/4) affirmative vote of the National Board
of Directors in secret Ballot.
b. Nomination - this shall be made through a written-petition by at least twenty cor-
porate members in good standing belonging to the same district signing as
nominators, or by a group of at least ten (10) Fellows in good standing excluding
the jury members .
c. Rights and Priveleges - Every corporate member who has been conferred
fellowship continues to enjoy all the rights·and priveleges of a corporate member,
but as a mark of distinction and honor has the privelege to use the title "Fellow",
print after his name the initials "FUAP" and wear his fellowship medallion at all
formal social functions of the UAP and the right to a diploma evidencing his
fellowship, to attend aJI meetings of the college·of Fellows and set with the jury of
Fellows:
d. College of Fellows - The College of Fellows shall be composed of all corporate
members who hold the title of "FELLOW, UAP". Any corporate member, upon his
formal bestowed of the title "FUAP", automatically becomes a member of the
College of Fellows .
. e-. Likha Award - the highest distinction that may be bestowed by the National
Board. This award shall be given as a recognition of his having achieved the
highest standards of ethical conduct and excellence in the practice and service in
the different fields of the architectural practice and for his distinguished contribu-
tion Qnd service to the UAP organization and to his community, his government
and country.
4. MEMBER EMERITUS - a corporate member who has been in good standing, with the
association continuously for at least fifteen ( 15) years, and retires from the practice
of architecture. He shall continue to enjoy all the rights and priveleges of a corporate
member and has the privelege to use the titte "Member Emeritus" print after his name
the initials "EUAP", and Is exempt from the payment of all fees and dues.

208
5. HONORARY MEMBER - conferred upon any person who is not an architect, but who
is nominated by at least ten I 1Ol UAP Fellows in good stand ing, who has distinguish-
ed himself to be of high reputable character, has contributed and given special service
to the architectural profession, arts or allied sciences, journa·lism and public service, is
elected by the National Board of Directors oi the UAP upon recommendation oi the
committee on Membership as honorary member.
6. CORRESPONDING MEMBER - conferred upon foreign architects of high and
· reputable character , who, having contributed to the advancement of the architectural
profession, is nominated by at least ten ( 1Ol corporate members in good standing and
elected by the National Board of Directors of the UAP.

FEES AND DUES


The UAP shall levy initiation fee and annual dues as follows:

1 . Initiation Fee ,. 40 .00


2. Annual National Due ,. 150.00

NATIONAl BOARD OF DIRECTORS:


The National Board of Directors shall be composed of seventeen ( 1 7 l members distributed as
follows: Five (5 ) di rectors at large and twelve { 12) directors are tepresenting the twelve
regional districts.
1. Bengu et- B~guio 8. lfugao ·
2. Pangasinan-Dagupan 9. lsabela
3. llocos Norte 10. Kalinga-Apayab
4. !locos Sur 11. La Union
5. Abra 1 2. Mountain Pr ovince
6. Batanes 1 3. Nueva Viscaya
7. Cagayan 14. Quirino

District II (Central luzon)


1 . Bataan 4. Pampanga
2. 8ulacan 5. Tarlac
3. Nueva Ecija 6. Zambales

District Ill
Area of the City of Manila North of Pasig River

District IV
Area of the City of Manila South of Pasig River

District V
Quezon City North of Quezon Boulevard and Don Mariano Marcos Avenue

District VI
Area of Quezon City South of Quezon Boulevard and Don Mariano Marcos Avenue

District VII
Area compromising Caloocan City and the municipalities of Valenzuela, Malabon, Navotas,
Marikina, Pasig, Mandaluyong, San Juan and Taytay, Rizal.

209
District VIII
Area comprising the City of Pasay and the municipalities of Makati. Paranaque. Las Pinas .
Muntinlupa, Tagu\g and Pateros.

District IX (Southern Tagalog and Bicol)


Areas comprising the provinces and cities in the Southern Tagalog and Bicol regions.

District X (Central and Eastern Visayas)


Areas comprising the provinces and cities in the islands of Cebu,-Bohol, leyte, Samar, and
Siquijor and the province of Negros Oriental.

District XI (Western Visayas)


~
#
Comprising the provinces of Iloilo. Capiz, Antique, and Negros Occidental.

District XII (Mindanao)


Comprising the provinces and cities in the islands of Mindanao Sulu, Basilan, Tawi-tawi
and Camiguin.

NATIONAL OFFICERS
Nat\onal President, Vice President · Operations, Vice President Programs and Development,
National Secretary and National Treasurer.
CHAPTER OFFICERS:
President, Vice President for Operations, Vice President for Programs and Development,
Secretary, Treasurer and two (2) directors.
The members of the Board of Directors shall serve for or.e I 1 I year starting on January 1st up to
December 31st of the Calendar year, or until their successors shall have been duly elected and
qualified. No member of the Board o f Directors sh.all hold office for more than three (3) con-
secutive terms.
CHAPTER COMMITTEES
al Committee on Private Pract\ce - This embraces the functions ot the following:
1 . Professional Practice
2. Ethics
3. General Welfare
4. Allied Profession
5. Competition
bl Committee on Governl')'lental and External Affairs - this e.mbraces the functions of the
following:
1. Legislation
2. Internal Affairs
3. National and Civic Affairs
4. Public Relations
.,
c) Committee on Education - this embraces the functions of the following :
1. Architect's Continuing Education (ACE)
2. Pilipino Architectural legacies (PAL)
3. Research
4. Academic Institutions

:!.10
d) Committee on Internal Affairs - This embraces the ·functions of the following:
1 . Chapter Organizations
2. Membership
3. Awards
4. Ways and Means
5. By-Laws
6. G~neral Information

Ace-Program
ARCHITECTS CONTINUING EDUCATtON
ACE is the acronym for Architect' s continuing.Education. It is a renewal process to prepare the ar-
chitect for the comprehensive practice of architecture. The United Architects of the Philippines
(UAP} is undertaking this program which is designed to systematize the wealth of information. The
architect needs in his practice not only for today but for tomorrow.

WHY ACE
Simply because it will prepare the architect to practice his profession with the· highest level of com-
petence. Architecture differs from the other major cut forms in that it is created in response to a
need. But the needs today and that of tomorrow differs from what the needs were a generation
ago. In this age of accelerated social and technological change, we must be ready to challenge the
corresponding changes in the profession. Therefore, the challenge posed is to study, understand,
anticipate and use change as an opportunity to further the values and objective of the profession,
and to increase its skill and effectiveness.

HOW
Enroll in the ACE program. The limited time available for formal educ~tion inhibits the architect to
enroll in an academic institution.
1. Complete a learning "module" (a standard unit of measure) by attending ten I 1OJ contact
hours spread in different sessions.
2. Submit a case study report forty five (45) days after· the completion of the ten ( 10} contact
hours. This is a pre-requisite to this program .
3. A continuing Education Unit ICEUl is equivalent to ten 11 0) contact hours of participation.
4. Attendance and successful completion of the program is equivalent to one (1} CEU.
5. Reading materials will be distributed one w eek prior to the sessions (or given before 8
A.M . on the scheduled day)

WHERE:
The ACE program will be a roving educational package. From time-to-time, the educational package
will be brought to the regional center in the country. It will tie up with the leading educational in-
stitutions of the country to provide administrative support in collaboration with the regional
chapters of the United Architects of the Philippines. (In Metro Manila. it is usually held at the Eng'g
Center, U.P. Diliman, or at a five star hotel and la1ely at Ramon Magsaysay Bldg. at Roxas Blvd).

HOW MUCH
It depends on the venue and the lecture hours. However as of 1986. a one-day module would
cost 1'160.00 for a UAP Member which includes all handouts, two 121 snacks, lunch, Cer·
tificate of Attendance and Certificate of Credits earned .

:.!11
WHAT DO I LEARN:

LEARNING MODULES
1 . PROJECT PLANNING & MANAGEMENT
Project Development
Construction Administration
Project Feasibility Studies
Guiding Administration and Management
Energy Management in Buildings
2. ENVIRONMENTAL ANALYSIS
Initial Environmental Examination (IEEl
Environmental Impact Statement lEIS)
Site Analysis & Climatology
3. ARCHITECTU-RAL PROGRAMMING
Space Planning
Market Analysis
Process of Programming
Behavioral Consideration
4. DESIGN
Architectural Design Process
Urban Design & Community Architecture
Building Interiors
Landscape Design and ·Site Planning
Housing
5. TECHNOLOGY
Energy
Building Utilities
Building Materials
Construction Technology
Building Structures
Building Environment
Computer Aided Design
Structural Visualization for Architects
Architectural Engineering - Applied Structural Design
6. FINANCE & auiLOING ECONOMICS
Cost Estimating
Cost Planning and Cost Control
Life Cost Analysis
Real Estate
Project Financing
7. PROFESSIONAL PRACTICE
Marketing Architectural Services
Office Administration
Architecture and Law
Educational Administration
Practical Specifications Writing
ARCHITECTS CONTINUING EDUCATION (ACE) PROGRAM
ACE PROGRAM COURSE MODULES
(As approved by the National Board in
Resolution 35-85 on March 23, 1985)
Rationale: Outlined below is the Restructured ACE Course Module arrived at after a rigid
strategic planning process designed to establish clearcut and well-defined interrelated
tasks in the profession of Architecture. It will serve as a framework for continuous and
efficient management of the program. It will also provide for the methodical and
systematic operations of the program.
The outline shows a broadscope perspective of the various areas in which all programs
can be derived and expanded. These programs, will then be subject to further develop-
ment and adjustments, as the need arises.

MODULE 1 - PRACTICE
101 Architect as a Designer 2023 Programming
1011 Architectural 2024 Construction Cost Control
Designer 2025 Regulations Control
101 2 Interior Designer
1013 Landscape Designer MODULE 3 - TECHNOLOGY
102 Architect as a planner 301 Presentation
1021 Urban Planning 3011 Rendering and Illustration
1022 Town Planning 301 2 Model Making
1023 Community Planning
302 Design Decision Making Process
103 Architect as a Manager/Administrator 3021 Project Program Planning
1031 Construction Manager 3022 Conceptual E:valuation
1032 Project Manager 3023 Design Development Process
1 033 Facility Manager
1034 Building Administrator 303 Cost Planning
3031 Budgetary Cost Planning
104 Architect as an Educator 3032 Quantity Cost Planning
105 Architect in Gov't Service
304 Design Documentation
106 Architect as a Developer 3041 Working Drawings
107 Architect as Arbiter 3042 Specifications
108 Architect as a Contractor 305 Building Components
109 Architect as a Businessman 3051 Building Materials
110 Architect as a Researcher 306 Architectural Engineering
3061 Structural System
MODULE 2 - MANAGEMENT
3062 Electrical System
3063 Mechanical System
201 Business Management 3064 Sanitary System
2011 Marketing 3065 Fire Safety System
2012 Compensation Management 3066 Auxiliary System
2013 Finance Management 3067 Energy Efficient System
2014 Personnel Management 3068 Acoustics
2015 Insurance Management 3069 Lighting System
202 Project Management 307 Tools and Aids
2021 Project Management Principles 3071 Office Equipments
2022 Budgeting & Scheduling 3072 Photography

.213
MODULE 4 - COMPUTERS
401 Introduction Programs
4011 Computer Literacy
40 2 Appreci ation PrOQram s
4021 Effective Use of Micro
402 2 M aximum Use of M icro
403 Application Programs
403 1 Spreadsheets
4032 W ord Processing
4033 Data Base Manag ement

MODULE 5 - SPECIAL PROGRAMS


501 Leadership Dynamics
Architects Code
of Ethics
THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO
THE PEOPLE.

1 . STATEMENT: The Architect is engaged in a profession which carries with civic respon-
it
sibilities towards the public, whether such responsibilities are the natural outcome of
good citizenship or of his professional pursuit or wh'ether they partake of informative and
educational matters or of his normal , good public relations .
a The Architect shall seek opportunities to be of constructive.service in civic and urban
affairs and to the best of his ability advance the safety, health and well-being of the
people and the community as well as the promotion, restoration or preservation of
the general amenities and other examples of historic and architectural heritage of the
nation.
b The Architect shall promote the interest of his professional organization and do his
full part of the work to enhance the objectives and services of the organization. He
should share in the interchange of technical information and experience with the
other design profession and the building industry.
c The Architect as a good citizen shall abide and observe the laws and regulations of
the government and comply with the standards of ethical conduct and practice of the
profession in the Philippines. He shall at no time act in a manner detrimental to the
best interest of the profession.
d The Architect shall not use paid advertisement nor use self-laudatory, exaggerated or
misleading publicity. However. the presentation of factual materials, verbal or vist1al.
of the aims , standards and progress of the profession through literature or by' in·
dustrious application of his work and services which tend to dignify the professional
or advance public knowledge of .t he Architect's function in society may be presented
through any public communication media.
e The Architect shall not solicit nor permit to solicit in his name, advertisements or
other support towards the cost of any publication presenting his work. He should
refrain from taking part in paid advertisement endorsing any materials of construc-
tion or pui!ding equipment.
f The Architect shall .not mislead the public through advertisements, signs or printed
matter citing his professional specializations unless such qualifications are well
known facts or sanctioned by professional consensus and years of experience.

THE ARCHITECTS'S RESPONSIBILITIES IN RELATION TO HIS


CLIENT.
2. STATEMENT: The Architect's relation to his Client is depended upon good faith . To in-
sure the continued existence of such state of good relationship, the Architect' s position
carries with it certain moral obligations to his Client and to himself.
a The Architect may introduce to a prospective Client the professional services he is
able to perform provided it is limited to presentation of examples of his professional

216
experience and does not entail the offering of free preliminary sketches or other ser-
vices without the benefit of an agreement with the Client for legitimate compensa-
tior'l·.
b The Architect shall acquaint or ascertain from the Client at the very inception of their
business relationsh_ip, the exact nature and scope of his services and the correspon-
ding professional charges.
c· The Architect shall advise a. Client against proceeding with any project whose prac-
ticability may be questionable due to financial. legal or arresting or exigent condi-
tions , even if such advice may mean the loss of a prospective commission to the Ar-
chitect.
d The Architect shall explain the conditional character of estimates other than
estimates submitted in the form of actual proposals by contractors and in no case
shall he guarantee any estimates or cost of the work. Neither shall he m islead his
Client as to probable cost of the work in order to secure a commission.
e The Architect shafl consider the needs and stipulation of his Client and the effects of
his work upon the life and well-being of the public and the community as a whole,
and to endeavor to meet the aesthetic and functional requirements of the project
commensurate with the Client's appropriation.
The Architect shall charge his Client for services rendered, a professional fee com-
mensurate with the work involved and with his professional standing and experience
based upon the Basic Minimum fee prescribed under the "Standards of Professional
Practice" of the "Architect's National Code"
g The Architect shall not undertake, under a fixed contract sum agreement, the con-
struction of any project based on plans prepared by him. He may in certain cases,
undertake the construction of a pl'oject even when the plans were pr.epared by him
provided it is undertaken in conformity with the conditions set forth under sections
covering "Construction Services" "Comprehensive Services" or "Design-Build Ser-
vices" of the document on "STANDARDS OF PROFESSIONAL PRACTICE."
h The Architect shall be compensated for his services solely through his professional
fee charged directly to the Client. He shall not accept nor ask for any other returns in
whatever form from any interested source other than the Client.
The Architect shall be free in hi.s investments and business relations outside of his
profession from any financial or personal interests which tend to weaken and
discredit his standing as an unprejudiced and honest adviser. free to act in his
Client's best interests. If the Architect has any business interest which will relate to,
or affect the interest of his Client! he should inform his Client of such condition or
situation .
The Architect shall include in his agreement with the Client a clause providing for
arbitration as a method for settlement of disputes.

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE


CONTRACTOR.
• STATEMENT: The Contractor depends upon the Architect ·to safeguard fairly his
interests as well as those of the Client.
a The Architect shall give the Contractor every reasonable aid to enable him to tully
understand the contents of the Contract Documents by furnishing clear, definite and

217
consistent information in all ~tinent ·contract documents to avoid unnecessary
mistakes that may involve extra costs to the Contractor.
b The Architect shall not knowingly call upon the Contractor to correct or remedy over-
sights or errors in the Contract Documents to the Contractor's financial disadvan-
tage.
c The Architect shall immediately upon his personal knowledge Qnd inspection, reject
or condemn materials, equipment or workmanship which· are not in conformity with
the Contract Documents in order·not to cause unnecessary delay and additional ~x­
pense to the Contractor.
d The Architect shall not, at any time or circumstance, accept free engineering ser·
vices, or receive any substantial aid, gifts, commissions, or favors from any Contrac-
tor or sub-contractor which will tend to place him under any kind of moral obligation.
e The Archi.tect shall upon request by the Contractor promptly inspect each phase of
the work completed and if found according to the terms of the Contract Documents
issue the :;orresponding Certificates of Payment and the Final Certificate of Comple-
tion, respectively, to the Contractor.

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO


MANUFACTURERS, DEALERS, AND AGENTS.

4. STATEMENT: An exchange of technical information between Architects end those who


supply and handle building materials or equipment is necessary and therefore encouraged
and commended. However;
·a The Architect shalt not avail or make use of engineering or other technical services
offered ~y manufacturers, or suppliers of building materials or equipment which may
be accompanied by an obligation detrimental to the best interest of the Client or
which may adversely affect the Architect's professional opinion.
b The Architect shall not at any time receive commissions, discounts, fees, gifts or
favors from agents or firms handling building materials or .equipment which may
place him in a· reciprocal frame mind. He may however, accept market discounts
which shall be credited to the Client.

THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS


COLLEAGUES AND SUBORDINATES.

5. STATEMENT: The Architect has moral responsibilities towards his profession, his col-
leagues and his subordinates.
a The Architect shall not render professional services, without compensation except
for small civic or charity projects. He shall neither offer nor provide pre!iminary ser~
vices on a conditional basis prior to definite agreement with the Client for the com~
mission of the project .
b The Architect shall not knowingly compete w\th other Architects on the basis of dif·
terence of professional charges, nor use donation as a device for obtaining com~
petitive advantage exce.pt for worthy civic or religious projects. Neither shall he sub-
mit solicited or unsolicited sketches or drawings in competition with other Architects

2 18
unless such competitive arrangements are conducted substantially under the term~:;
of the UAP Architectural Competition Code.
c The Architect shall not under any circumstances nor through any means seek com-
missions already known to him as previously endowed to another Architect, whether
such endowment has been definitely agreed upon or still in the process of negoatia-
tion.
d The Architect shall not, in any case, enter as a competitor in any Architectural Com-
petition when he has direct relations with the formulation of the Program thereof or
when he has been engaged to act as Professional Adviser or Juror for such competi-
tion. Neither shall the Architect accept and act as professional adviser or juror in any
architectural competition when he has had any information or has reviewed or
assisted in the preparation of any competition design entered. Nor shall an Architect,
retained as professional adviser in a competition, accept employment as an Architect
for that competition project except as Consulting Architect.

e The Architect shall not undertake a commission for which he knows another Ar-
chitect has been previously employed until he has notified such other Architect of the
fact in writing and has conclusively determined that the original employment has
been terminated and has been duly compensated for.
f The Architect shall not undertake a commission for additions, rehabilitation or
remodeling of any erected structure undertaken previously by another Architect
without duly notifying him of the contemplated project even when the Owner is no
longer the same. When the greater mass, area or design of the original structure is
substantially maintained the new Architect should limit his advertisement or claim
only to the extent .o f the work done to the structure. Architects are enjoined to
preserve or restore as much as possible especially the few and remaining historic ex-
amples of our architectural heritage affecting this phase of practice.
g The Architect shall not knowingly injure falsely or maliciously, the professional
reputation, prospects or practice of another Architect.
h The Architect shall refrain from associating himself with or allowing the use of his
name by any enterprise of doubtful character or integrity.
The Architect shall not affix his signature and seal to any plans or professional
documents prepared by otper persons or entities not done under his direct personal
supervision.
The Architect shall inspire the loyalty of his employees and swbordinates by providing
them with suitable working conditions, requiring them to render competent and effi-
cient services and paying them adequate and just compensation therefore. He shall
tutor and mentor the young aspirants towards the ideals, functions, duties and
responsibilities of the profession.
k The Architect shall unselfishly give his share in the interchange of technical informa-
tion and experience among his colleagues and young aspirants and do his part in
fostering unity in the fellowship of the profession.
He shall unselfishly give his time and effort to the advancement of the profession thru
his active and personal commitment and involvement with the accredited profes-
sional organization for Architects.

.219
Selection of the Architect
and Methods of
Compensation
SELECTION OF THE ARCHITECT
METHODS OF SELECTION
There are three (3) basic methods of selection available to a client seeking the services of an
Architect.
1 . Direct Selection is most often used by an individual person undertaking a relatively
small project.
2 . Comparative· Selection is most often employed by committee representing institutions.
' corporations or public agencies.
3. Design Competitions are frequently used for Civic or monumental projects and
prestigious private buildings.

1 . DIRECT SELECTION
In this method, the client selects his Architect on the basis of:
1. Reputation
2. Personal acquaintance or Recommendation of a friend.
3. Recommendation of a former client
4. Recommendation of another architect

2 . COMPARATIVE SELECTION
In essence. one Architect is compared with others and the client makes a selection based
upon his judgment of which firm is most qualified for the successful execution of his
project.
Usually, a system is established whereby architectural firms must first qualify for an inter·
view by submitting information describing their iirms. The client reviews these submis·
sions and determines that perhaps six or seven might best serve his needs. Represen·
tatives of these firms are then asked to present personally the qualifications of their
organizations at an interview session.
1 . The Architect is usually given the opportunity to explain his background and particular
qualifications for the project under consideration and his approach to the proposed
project. He is then asked to respond to questions from the selection committee.
2. It is customary for the following information to be solicited from the Architect:
a. Date of organization of the firm
':> . References from former clients and from some financial institutions.
c. Number of Technical staff members
d. Ability to undertake the project under consideration with due recognition of other
work in the office.
e. A list of similar projects built in recent years covering such points as:
project cost - - - - Efficiency factors such as square meter costs , per pupil costs for
schools, per car costs for parking garages, or per patient costs for hospitals ---------
unique solutions to pr ior commissions - - - - - Names of consultants normally used
for servkes not provided by the Architect himself.
3. The selection committee established by the Client may consist of experience laymen;
it may have on it representatives of other professions or the construction industry
and it may include other concerned persons w ith related expertise, including Ar-
chitect s and Engineers.
The Archi tect should attempt to ascertain the composition of the selection commit-
tee so that his pfesentation can be given at the appropriate technical level. He should
also learn il) ·advance the general scope of the project and the location of the site.
This information should be readily available from the prospective client.
4. After the selection committee has interviewed each of the applicants, checked
references and possibly visited actual buildings designed by each Architect, it forms
its opinion of the most capable firm and then undertakes the negotiations of the
Owner-Archi tect agreement and the compensation to be paid for architectural ser-
vices.
5. The client, in order to be prepared for this negotiation, may undertake an inquiry into
the method s .of compensation used for similar projects.
6. The Architect should be prepared to discuss the nature of the compensation. He
should be able to explain to the client the scope of services of the Architect and the
minimum Basic Fee. as prescribed by the Architect's National ·Code, which is man-
datory.
Throughout each discussion, the Client must remember that the purchasing profes-
sional services, that the cost of these professional services is very minor compared
to the total cost of his contemplated project, and that often more extensive architec-
tural services can resul t in th.e lowest total project cost. The client is buying personal
services and expertise and should not be misled by the lure of the lowest compensa-
tion amount.
7. It is important for the Architect to be aware of the standards of Ethical Practice, con-
cerning solicitation of a Client when another Architect has been retained for a pro-
ject. An attempt to supplant another Architect who is in the process of negotiating
for a commission should be viewed as detrimental to the selection process .
8. The client, while obviously interested in retaining a firm which has done similar types
of projects. should be aware that many firms have done outstanding projects in their
first attempt in a field, in which they have had little or no experience. Similarly, many
young and/or small firms have been known to do outstanding work and should be
given serious consideration.
9. Some other factors which should be considered in retaining an Architect include h is
ability to establish realistic construction costs and his success in producing a design
within that framework; his ability to maintain.. as appropriate time schedule and his
success in administering construction contracts.
10. Of interest to some clients is the number of technical employees who will be assign-
ed to their projects. With work of significant magnitude, size of the technical staff
plus the staff of consultants is extremely important: Execution of multi-million dollar
projects in a limited span of time requires a significant concentration of capable
technical employees.

223
3 . ARCHITECTURAL OEStGN COMPETITIONS
Design competitions are based on the process whereby various architectural firms submit
solutions to a particular problem and are judged on the comparative excellence of their
submissions as evidence of their imagination and skill. The successful architect is then
awarded the design of the actual project. Competitions offer many advantages to both the
Architect and the Owner.

Advantages:
a. firms might not otherwise be considered for the project are encouraged to compete for
the commission.
b. In particular, the opportunity to compete tor a commission is offered to those young
firms or those not previously having extensive experience w ith the type of project
under consideration but are willing to spend the time necessary to enter the competi-
tion.

O.aadvantagea
a. Although some competitions have resulted in the construction of outstanding
buildings; some have produced disastrous results.
b. The client contemplating the selection of ~n Architect by this means, should discuss
this matter with other organizations who have conducted similar competitions so that
he is well aware of the pros and cons. This method of selection is usually the most -ex-
pensive and time consuming and, for these reasons. its use generally limited to very
large or historically important civic or commercial projects.

If a client is considering conducting a design competition, he shou\d first seek the


assistance of the UAP or one of its local components. UAP Qoc. 209 competition Code
sets forth the procedures under which such competitions should be held, with a view
toward producing the most satisfactory selection of an Architect.

One of the first steps will be the selection of a Registered Architect as the professional Ad-
viser. He assists the client, writes the program, advises on the choice of the jury, answers
questions, and conducts the competition so that all competitors receive equal treatment,
and so that strict anonymity is observed to the end that neither the OWNER, the Advisor,
nor the jury will be aware of the identity of the author of any design until after the jury
makes its report.

At least a majority of the jury is composed of practicing Architects and the jury examines
the rates and completion drawings. The drawings are as few in number and as small in
scale as will express the general design of the building . The program specifies the limits of
the cubical contents or square meter area and the total construction costs. Normally,
the program must include a guaranteed contract on usually acceptable terms between the
OWNER and the Architect selected by the jury, assuring that the winner of the competi-
tions will be offered the assignment as Architect.

Special provisions to substitute for this requirement are made for public Owners. Ade-
quate cash prizes to compensate for the costs of submitting the drawings must be
assured to a reasonable number of competitors. In addition to the prizes, fees and ex-
penses should be paid fo the advisor and to the members of the iurv. A considerable varia-
tion is possible in the size, complexity, and objectives on design competitions.

224
METHODS OF COMPENSATION

Criteria
The experienced Architect knows that a fair margin of profit in the practice makes it easier
to serve the client's interest more effectively. Furthermore, the work of a successful
Architect enhances the images and reputation of t he profession.
The criteria for computing the Architect's compensation should be based on mutual
evaluatioK of the amount of the architectural firm's talents, skill, experience, imagination,
effort, and time available for. and reQuired by the project.

The Method of Compensation should:


1 . Be fair to the Architect in that it should permit him to recover his costs and net him an
adequate profit, provided he is reasonably effiCient. ·
2. Be fair to the Client and the Architect by (eflecting the value of the Architect's ser·
vices.
3. Be flexible to protect the Architect from cost increases because of changes or the
scope of the commission.
4. Not create legal problems for the Arch itect.
5. Encourage the client to be cooperative and supportive.
6. Provide incentive for the Architect to produce the highest design quality.
7. Be easy to understand and simple to use.
8 . Provide a basis for the client to predetermine his costs for architectural services, and
be otherwise acceptable
. . to. him.
9. Encourages the Architect to develop a solution which w ill result in the lowest possi·
ble construction cost consistent w ith t he client's requirements.
1 0. Not focus the Client's attention on "PRICE" but rather on the quality and perfor·
mance of the Architect's services.
11 . Protect the Architect against the rising costs. of providing services during the course
of a commission.

FIVE METHODS OF COMPENSATION:


1 . PERCENT AGE OF CONSTRUCTION COST
This method is fair to both the client and the Architect as the fee is pegged to the cost of
the projec t the client is willing to undertake . The amount of the percentage is related to
the size and the type of the Project.
It is flexible and easy to apply since if there will be changes, additions or deductions of the
work demanded by the Project or required b~' the Client, the Owner-Architect Agreement .
need not be supplemented.
2. MULTIPLE OF DIRECT PERSONNEL EXPENSES
This cost-based method of compensation is applicable only to non-creative work such as
accounting, secretarial, research, data gathering, supervision, preparation of reports and
the like. This method of compensation based on technical hour expended does not ac·
count for creative work because the value of a creative design cannot be measured by the
length of time the designer has spent on his work.
This mett)od may therefore be applied only on pre-Design Services, Supervision work and
other works which the Architect may perform other than the Regular and Specialized

225
Allied Design Services. The completion is made by adding all costs of Technical services
(man-hours x rate) and multiply it by a multiplier which range from 2 to 2.5 to take care of
o'verhead and profit. This multiplier depends on the office set-up, overhead and ex-
perience of the Architect and the complexity of the Project .
Other items such as cost of transportation, living and housing allowances of foreign con-
sultants, out·of-town living and housing allowances of local consultants , and the like, are
to be charged to the client and reimbursed to the Architect. At the start of the commis-
sion, the Architect shall make known to the client the rate of professionals and personnel
who will be assigned to the Project and .the multiplier that has to be applied before agree-
ing to this method of computation.

FORMULA
Assume: A = Architect's rate/hour
C = Consultant's rate/hour
T = Rate per hour of Technical Staff, researchers and otMrs involved in
the project.
N 1 , N2 , N3 = Number of hours spent by Architect, Consultants and Technical Staff
M = Multiplier from 2 to 2.5
R = Reimbursible expenses such as transportation, housing and living
allowance of foreign consultants, per diem, transportation, housing
and living allowance of local consultants and Technical Staff if assign-
ed to a place over 100 km . from area of operation of the Architect;
Cost of printing of extra sets of drawings, reports, maps, contract
documents, etc. over the five (5) copies submitted to the client;
overseas and long distance telephone calls; Technical and laboratory
tests; licenses, fees and taxes, etc. needed by the project.
DIRECT COST = AN1 + CN2 + TN3
FEE = Direct Cost x Multiplier
Total Cost of
Service Charged = Fee + R
To the Client

· 3. PROFESSIONAL FEE PLUS EXPENSES


This method of compensation, frequently used where there is a continuing relationship on
a series of projects. It establishes a fixed sum over and above reimbursement for the Ar-
chitect's Technical time end overhead. An agreement on the general scope of the work is
necessary in order to set an equitable fee.

4 . LUMP SUM or FlXED FEE


Some governmental agencies sometimes requests a form of contract which establishes a
fixed sum for architectural and engineering services .
The disadvantage of this method is that it represents a risk situation to the Architect,
since his costs may exceed the agreed amount. Secondly, as there are often changes
made by the Client either during the design or construction stages it adds cost not only to
the construction but also to the work of the Architect. This will mean that for every
change in the work, the Architect end the client will have to supplement their contract to
stipulate the additional fee and time involved:

226
In the bureaucratic system of the government this will entail more paper work and time-
consuming efforts on computations, haggling of the tee for extra work and arduous pro-
ces-sing for the approval oi the supplementary work within the dient' s agency and the
Auditing agency.

5. PER DIEM PLUS REIMBURSEABlE EXPENSE


In some cases a client may request an Architect to do work which w1h require his personal
time such as:
a. Attend board meetings or conferences
b. Occu!ar inspection of possible sites
c . Confer with others regarding prospective inves~ments or ventures and the like. ·
For these particular activities. the Architect may be paid on a per diem basis plus out-of-
pocket expenses such as travel, accomodations and subsistence, long-distance telephone
calls, secretarial service, etc. ·

DESIGN PROFESSIONS

ARCHITECTS AND ENGINEERS


Architects and Engineers form the basis tor the design professions assisted by helper personnel
of varied experience and skills. The ARCHITECT functions as the coordinator of the building
process; he designs the structure; is responsible for the drawings and specifications, employ
the consulting engineers or others who work as consultants, is the general administrator of the
construction, and provides opportunities for assistance with many related problems that may
arise. Architects must pass a rigid examination in various fields including structural, mechanical
and electrical, as well as design and drawing, in order to be registered and legally use the title
architect.
The combination of architect and his own office personnel, plus the engineer-consultant and
his office force, plus any special consultants, usually forms the design team. With this com-
bination, the architect provides the expertise to plan the project and to develop the construc-
tion documents (working drawing and specifications).
The STRUCTURAL ENGINEER calculates the structural requirements, the MECHANICAL
ENGINEER designs the air conditioning, and ventilation and heating system, the SANITARY
ENGINEER designs the plumbing systems, the ELECTRICAL ENGINEER designs the electric
loadings and wiring systems. With many offices, the specifications are also "farmed out" to a
CONSULTANT, such as unusual requirements for food service, material handling, acoustics,
and ·other specialized needs . .As the Architect is most often the prime mover in. this process,
with a direct contract with the client, he is also ~esponsible for the quality of all work issued .
from his office including all work done by those also act as consultants to him .
Obviously, the architect or engineer cannot norma·lly produce all the required documents by
himself, so he is assisted by other technical personnel. Designers, Draftsman, Estimators,
Landscape Architects. Decorators, or Artists.
Not often considered a part of the design team are hundreds of clerical personnel who also are
necessary to complete any project. Almost any office must have several typ.i sts, perhaps a
receptionist, a bookkeeper,· a librarian, and secretaries, all trained in specific expertise. Non-
skilled. employees include "Office Boys" , trainees, and general help in the reproduction rooms.
In an. office that customarily includes additional services, there are planners, economic experts,
real estate and Title personnel. legal assistants, and so on.
THE CONSTRUCTION FORCES
The construction forces of all sorts thread through the construction field in a manner similar to
t he b lood stream in a living being. The major arteries are the General Contractors. supplied by
many contractors, who in turn are supplied by a myriad of material suppliers. In every phase
there are hundreds and thousands of individual, Trade-craft mechanics, Salesmen and
representatives . The entire process requires utmost coordination . The general contractor
usually has the prime contract but occasionally some sub-contractor, mechanical or electrical
perhaps, with a large portion of the project work, may be termed the prime contractor. A prime
contract is one of the agreement between the owner and any contractor . In normal construc-
tion procedures, the numerous sub-contractors are not prime contractors since they usually
have a contract with a general contractor, who has the prime contract w ith t he Owner.
The Philippines have requirements for licensing of contractors . The agency in charge is the
PCAB or Philippine Contractors Accreditation Board. Contractors are classified as:
a) Engineering - licensed to do civil engineering work, roads. dams, irrigation systems,
and the like.
b) General Building - licensed to construct almost any type of building project.
c) Specialty Contractors - one with specific expertise in a limited f ield such as plumber,
painter, electrician, roofers, waterproofers, and other who normally work as " subs"
for a prime contractor.
The term Contractor is also known as Builder or Constructor. The Licensed Contractor is also
categorized depending on his length of experience, projects made, equipment owned and
financial capability as follows:
Category "A" very large and complex projects
Category "A" large projects
Category " B" medium large projects
Category "C" medium size projects
Category " D'' small projects
Specialty Contractors - indicate expertise, such as waterproofing and painting
The building trades such as mechanics, carpenters, welders, masons, steelmen, roofers,
painters, electricians, plumbers, and many others are also necessary for the construction of a
project . Many tradesmen are represented on a project but have little direct contact with the
architect or engineer. They are employed by the c ontractor or sub-contractor .

MANUFACTURING INDUSTRY
Every mat~rial or processes must have a starting point and this is the function of the manufac-
turer. Many of the raw materials are of such a nature that the architect may have only slight
contact w ith their producers. Most of the direct contacts that an architect has with material
producers is through the MANUFACTURER'S REPRESENTATIVE who periodically c alls upon
the architect. These very capable people know all about their own companies products. advan-
tages, disadvantages, costs, availability and similar factors. In addition, most good represen-
tatives are also familiar with their competition.
The manufacturer's "rep" should be very important to the AiE and usually Is. Catalogs, data
sheets, samples, technical knowleldge and other valuable information is provided through this
individual. Most ~ ·reps" visit AlE offices on some schedule which may vary from as often as
weekly to as seldom as once per year. These visits are greatly influence by office locat ion,
amount and type of work the office handles, product manufactured. and the en efgy or interest
of the manufacturer's representative. Some AlE offices have definite times when they will talk
to manufacturer's "reps" and usually have closer relations~ips with some than with others. A
good relationship, however, is usually very beneficial to the A/E, since it provides a valuable in·
formation source.
Fabri cators may be classed by some as the .same as manufacturers, however, there j s a little
difference. Manufacturers usually produce a single materials or a group of materials in the same
general area. With some of the very large companies there may be several of these groups,
each with a number of related products also, but their products are a combination of materials
from a number of sources. They too may have representatives similar to major manufacturers
of raw materials and their "reps" operate in a similar manner . To the A /E there is little dif·
terence since ·either or both may be providing materials for a project that the A/E has in the plan-
ning stage or under construction.
Still further along the product line is the local materials distributor. These firms normally repre-
sent a number of manufacturers and handle several related products. Subcontractors buy their
supplies from such firms when quantities or other circumstances make it uneconomical to pur-
chase directly from the manufacturer. While t he distributor is vitally interested in sales, and the
A/E actually buys very linle, good contact with a local distributor may provide good information
as to availability, cost, or related problems. Occasionally such contacts may even lead to new
clients.

CONTROl AUTHORITIES
The Building Official, who shall be appointed by and under the direct supervision of the Minister
of the Ministry of Public Works, shall be primarily responsible for the enforcement of the provi-
sions of the National Building Code of the Philippines (P.O. 1 096) as well as the Implementing
Rules and Regulations issued therefor.
He shall have overall administrative control and/or supervision over all work pertinent to
building within his area of responsibility and shall have direct charge of processing of all build-
ing permit applications on the basis of land-u se and architectural , structural and geodetic {line
and grade), sanitary and plumbing, electrical, mechanical and fire as w ell as other standard re-
quirements, rules and regulations promulgated in accordance with the National Building Code.
He shall review and evaluate the design, plans and programs with the corresponding specifica-
tions, estimates and other necessary building documents of all building projects under his
charge.
He shall inspect the construction, repair, addition, renovation and/or demolition of all buildings
in accordance with the National Building Code and approved Land-Use or Master Development
Plan of the City or Municipality and shall have the right to enter into any building, building site,
or its surrounding premises and into any new or unoccupied building or building complex. The
owner of said building or building complex and building site, shall be duly informed of the find-
ings and recommendations by the Building Official within a reasonable period of time.
The inspections are simply to assure that the actual construction is in accordance with the ap-
proved construction documents. After construction has been completed, an additional check is
required and a permit of occupancy especially of living accomodations is enforced.
In addition to building official' s checking, there may be quite a number oi others that need to
review and approve construction documents. Fire departments check the fire code re-
quirements. There 6s also the new Environmental control organizations to check the conditions
on the effect of pollutions. etc. and of course for any other factors that may affect the health or
safety of the publ ic.
Deed restrictions, usually written by the original land developer, control such thing as minimum
area of floor space, type of roofing, or wall surfaces, fences and even landscape work. The
restrictions go with the purchase of the land and usually are enforced by a committee of people
selected by local property owners.

229
Planning Commissions or departments review documents for compliance or conflict with
predetermined area planning and may issue pefmits or variances as occasion requires. The NHA
or National Housing Authority is the construction agency of the Ministry. It is responsible for
undertaking housing development and resettlement and for prescribing guidelines and stand-
ards for the reservation, conservation, and utilization of public lands identified for housing and
resettlement.

RELATED E'-EMENTS
In addition to those actually engaged in various phases of the construction of a project there are
many others "behind the scenes" who are vital to the industry. These are so-called support
operations. They include financial, real estate, insurance, economic surveys. topographic
surveys, testing end a possible tong list of others.
Financing of a project is seldom accomplished by tote\ "cold cash'' supp\ied by the owner.
Even with tax-supported projects it is often necessary to supply construction money by them
than "cold cash". Banks and savings and loan organizations lend money by mortgage on the
property savings accounts which they lend at a profit. Savings and loan organizations obtain
their money by reinvesting in real property via the loan plus Interest route. Some financial
organizations or real estate firms also make sources who wish to earn more interest than is
generally possible through other investments. Insurance companies and similar organizations
also have money to lend through various channels so they are also in the financial business
related to construction.
The matter of finances actually controls almost any project. Fjrst there is a construetion budget
that the A/E firm must meet and by which the contractor's bid is judged. Quite often, even
before the Al E or contraCtor enters the picture, the financier may have made some commitment
to the owner. During construction it is not unusual for payments to be made to the contractor
by a voucher system from the lender, and of course a large ma}ority of construction, especially
residential, is financed by long-term mortgages. The phrase "money talks" is certainly true in
the construction field, but perhaps "money controls'' should be substituted instead.
Insurance companies, in addition to being a possible sources for financing, are interested in,
and can advise on, various materials that may influence insurance premiums after the project is
constructed. In some cases, primarily industrial projects, the new plant is planned with the
same cere in regafd to insurance requirements as it receives in regard to building code re-
quirements. Perhaps a less obvious relationship is that of the casualty insurance carried by the
architect, engineer, and contractor. In most states some state-sponsored or approved in-
surance is mandatory even if the firms involved do not think such coverage necessary. Another
contact by the A/E with the insurance company may be in connection with his own errors-and
omissions insurance, or with processing of contractor's bonds If the cQntractor has trouble in
completing .the project properly.
Real estate organizations of several types may also be involved. In relation to smaller projects
the real estate contract may be only for completion of purchase of a parcel of property and the
proper processing of the deed by title insurance or abstract. In some cases the reaJ estate firm
is engaged in finding the right property wi~hin parameters established by the owner. In a few
cases larger real estate firms are the owners and developers. And in some office building pro-
jects the real estate organization carries considerable weight in decisions which may affect
their handling of leases for space. Some real estate firms are also directly or indirectly involved
with management or building construction projects. Very few A/E firms are directly involved as
actual real estate operators, although several may be Indirectly Involved by their members also
belonging to land development firms.
Developer organizations ere involved in all the facets of the construction process. Such
organizations buy the land, plan the development, provide construction documents, build the
project, sell the project, and perhaps continue as managers or at least as advisors. They either
have all of the personnei and facilities "in-house" or they operate as brokers and employ firms
with the desired expertise.

230
Project Classification
PROJECT CLASSIFICATION

Architectural work varies in complexities and in the creative skill required to successfully meet
the requirements of the client w it hin the constraints of the technical, functional, economic,
aesthetic and other considerations. The following groups of buildings are attempts to classify
design projects in accordance with the degree of complexity of each project.

The architect's fee includes the normal structural, electrical, plumbing/sanitary, and
mechamcal engineering services and is determined by getting the percentage indicated in the
scheoule of Fees and multiplying it w ith the Project Construction Cost.

SCHEDULE OF MINIMUM BASIC FEE

Group- 1
Structures of simplest , utilization character which are without c omplication of design or detail
and require a minimum of fini sh, structural , mechanical and electrical desig n.
Armories Parking structures
Bakeries Printing plants
Farm struct u res Public Markets
Service garages
Freight facilities Simple loft·t ype struct ures
Hangars
Industrial buildings Warehouses
Manufacturing/Industrial plants Other similar utilization types of buildings
Packaging and processing plants

PROJECT CONSTRUCTION COST M INIMUM BA SIC FEE


~ 50 Million and less .................. ............ ............ . 6 Percent
Over tt 50 Million t o I' 100 M illion ....... Million ..... . . I' 3 ,000,000 plus 5 percent of
excess of 1' 50 Million
Over~ 100 Million to~ 200 M illion 1' 5, 50 0 ,0 00 plus 4 percent of
excess of
Over I' 200 Million to Jl' 500 Million I' 9 ,500,000 plus 3 percent of
excess of Ill 200 Million
Over ft 500 Million to Jl' 500 Million ,. 9 , 500,000 plus 3 perce nt of
excess of Ill 200 M illion
Over Jl' 500 Million to 1' 1 Billion . ... ......... .... .......... .. I' 1 8 , 500,000 plus 2 percent of
excess of ,. 500 M illion
Over P 1 Billion ft 28,500,000 plus 1 percent of
excess of P 1 Billion
Group- 2
Structures of moderate complexity of design requiring a moderate amount of structural,
mechanical and electrical design and research
Art galleries Nursing Homes
Banks, Exchange and Office Buildings
other financial Park, playground and open-air
· institutions recreational facilities
Bowling Alleys Police Stations
Churches and Religious Post Offices
facilities Private Clubs
City HaHs Publishing Plants
College buildings Race tracks
Convents, Monasteries and Seminaries Restaurants
Correctional and Detention Institutions Retail Stores
Court Houses Schools
Dormitories Shopping centers
Exhibition Halls and Display structures Specialty shops
Fire Stations Supermarkets
laundries Welfare Buildings
Motels and Apartels
Multi-storey apartments
And other structures of similar nature or use

PROJECT CONSTRUCTION COST MINIMUM BASIC FEE


P 50 Million and less ......................................... . 7 Percent
Over P 50 Million to P 100 Million ..................... .. P 3,500,000 plus 6 percent
of excess of P 50 Million
Over II' 100 Million to II 200 Million P 6,500,000 plus 5 percent of
excess of P 100 Million
Over P 200 Million to P 500 Million P 11,500,000 plus 4 percent of
excess of P 200 Million
Over P 500 Million to P 1 Billion P 23,500,000 plus 3 percent of
excess of P 500 Million
Over P 1 Billion ................................................ . P 38,500,000 plus 2 percent of
excess of P 1 Billion

Group- 3
Structures of exceptional character and complexity of design or requiring comparatively large
amounts of structural, mechanical and electrical design and research.
Aquariums Laboratories
Atomic facilities Marinas
Auditoriums Medical Office facilities & Clinics
Airports Mental Institutions
Breweries Mortuaries
Cold storage facilities Observatories
Communications buildings Public Health Centers
Convention Halls Research facilities
Gymnasiums Stadiums

233
Hospitals and Medical buildings Theaters and similar facilities
Hotels Veterinary Hospitals
And other structures of similar nature or use

PROJECT CONSTRUCTION COST MINIMUM BASIC FEE


P 50 Million and less ................ ; ........................ . 8 percent
Over P 50 Million to P 1 00 Million .... ... ..... .......... . . P 4 ,000 ,000 plus 7 percent of
excess of P 50 Million
Over P 100 Million to P 200 Million ................... .. P 7,500,000 plus 6 percent of
excess of P 100 Million
Over P 2 00 Million P 1 Billion .......... .. .............. .. . P 13,500,000 plus 5 percent of
excess of P 200 Million
Over P 500 Million to P 1 Billion .. ..... .. ...... ... ....... . P 28 , 500,000 p lus 4 percent of
excess of P 500 Million
Over P 1 Billion ............................................... .. P 48, 500,000 plus 3 percent of
excess of P t Billion

Group - 4
Residences (Single Detached or Duplex), small apartment houses and town houses.
Minimum Basic Fee 10 percent of Project Construction
Cost

Group- 5
Monumental buildings and other facilities requiring consumate design skill and much precise
detailing.
Exposition and Fair Buildings Specialized decorative bulldings
Mausoleums , Memorials Monuments And structures of similar nature or use
Museums
Minimum Basic Fee .. .. ...................... ... . 1 2 percent of Projec t Construction Cost

Group - 6 Repetitive Construction of Building•


When the design of the Architect is used again tor the repet itive construction of similar struc-
tures. without amending the drawing and the specifications, the Architect's fee is computed as
follows:
First Structure ...... ................................ ... ...... .. Minimum Basic Fee
Second Structure ........................................... . 80% of Basic Fee
Third Structure ............. .. .............. .. ................ . 60% of Basic Fee
Succeeding structure 40% of Basic Fee

Group - 7 Housing Projects


When the Architect ia engaged to undertake a HOUSING PROJECT involving the construction
of several residential units on a single site with the u~e of one basic plan and specifications, the
MINIMUM FEE chargeable thereunder·. shall conform with the following:

234
First Unit . .. ............. .. .. .. .. ...... ... .... .. ... .. 1 0 Percent of the Const ruction Cost of
one unit as Basic Fee
From two to ten units .... .... ..... .. .......... .. Fee of one unit plus 60% of Bas ic Fee tor
each additional unit
Eleven units and above .... .. ........ .......... . Fee for 1 0 units plus 30% of Basic Fee for
each additional unit.

Group - 8
Projects involving extensive detail such as furniture design, built-in equipment, special f ittings,
screens, counters, interiors and other detailed. parts of appurtenances of buildings or structures
and landscaping designs.
Minimum Basic Fee ... ...... ................... .. 1 5 Percent of Project Construction Cost

Group- 9
For alterations and additions of existing structures belonging to Group· 1 to 5 enumerated
above, compensation for services should be increased by 50 percent or a total of 1 50 percent
of the Basic Fee.

Group - 10 Consultations and Arbitrations


Where the Architect is engaged to render opinion or gi ve advise, clarifications or explanation on
technical matters pertaining to his profession, the Minimum Fee chargeable thereunder shall
not be less than Two Hundred Pesos (P200.00) * per hour subject to increase depending on the
extent and coverage of service required. When rendering service as an expert witness, the Ar-
chitect's Fee shall not less than Five Hundred Pesos {P500.00)* per appearance irrespective of
whether the scheduled hearing took place or not.
"All references to f ixed amount shall refer to the value of the Peso as of November 1979. Ad-
justment of the price shall be made at the t ime of the contract .

235
Spectrum of the
Architect's
Services
THE SPECTRUM OF THE ARCHITECT'S SERVICES
The Spectrum of the Architect's services extends over the entire range of activities that pro-
ceed from the time the idea is conceived, perfected , transformed into sets of spacei des ign re-
quirements, translated into str~cture through design, built used and become a permanent
feature of the man-made environment.
The Architect's services consist of the necessary conferences, deliberations, discussions,
evaluations, investigation s. consultations, advise on matters affecting the scientific , aesthetic
and orderly coordination of all the process of safeguarding life, health and property which enter
into the production of different levels and sophistications of man-made structures and environ-
ment.
The entire range of the Architect's services are divided into seven (7\ ma)or services as follows:
1 . PRE-DESIGN SERVICES .................... ................ ........ .. . UAP Doc 201
This include Architectural Programming , Feasibility, study ,
site study, cost effectiveness study and others.
2. DESIGN SERVICES ............. ... .................................... . UAP Doc. 202
The Architect's Regular Services
3. SPECIALIZED ALLIED SERVICES ..... ...... ................ ...... . UAP Doc. 203
This include Planning, Interior, landscaping, Acoustics,
communications and Electronic Engineering .
4 . CONSTRUCTION SERVICES ... ..... .. ...... ......... .... ......... .. UAP Doc. 204
Full-time supervision, construction Management.
5. POST CONSTRUCTION SERVICES .............................. .. UAP Doc. 205
Buildings and Grounds Administration
6. COMPREHENSIVE SERVICES UAP Doc. 206
Project Management Service
7. DESIGN-BUILD SERVICES ......................................... .. UAP Doc. 207
Administering the Construction.

DOC. 201 PRE-DESIGN SERVICES


There are many instances where the Architect is called upon by the client to perform services
other than purely architectural or designing services. For the Architect to effectively assist and
serve his client in Pre-design services, special training will be required leading to a broad
background in real estate, finance, business, taxation, human behavior, space programming,
and others, to supplement the architect's sk.ilt as a researcher, space activities organizer, coor-
dinatOf and manager of the various activities of professionals and tradesmen.
It would not be expected however, that the architect would actually perform services in all
such fields, but rather~ he would act as the agent of his client in producing some of the
necessary services that he and his staff cannot provide . It is his task to coordinate these ser-

238
vices so that acting for his client, he can retain the degree of control and coordination of ac-
tivities necessary to assure the client of a more unified result.
The several activities that fall under the pre-design services are as follows:
1 . Economic Feasibility Studies. A study to determine the viability of a project such as
its cost of development versus its potential return to the Owner. A detailed cost-
benefit analysis can guide the client and the architect in selecting a more viable alter-
native plan. (See page 426)
2. PROJECT FINANCING
Architects assist in the determination of requirements of lending agencies, income-
expense relationship and relative demand for different building types in actual financ-
ing negotiations.
3. ARCHITECTURAL PROGRAMMING
Investigating, identifying and documenting the needs of the client for use in the
design of the project.
4. SITE SELECTION AND ANALYSIS
Assisting the client in locating sites for the proposed project and evaluating their ade-
quacy with regards to topography, subsurface conditions, utilities, development
costs, climate. population. legal considerations and other factors.
5. SITE UTILIZATION AND LAND-USE STUDIES
A detailed analysis of the site to develop its potential through the proper utilization of
land.
6. SPACE/MANAGEMENT STUDIES
Analysis of the space requirements of the project based on organizational structure
and functional set-up. One method is to use human behavior and transaction analysis
to pinpoint Linkages and interactions of spaces. The services cover space use and
space character analysis, work station and space module design and a space program
to serve as basis for architectural design.
7. PROMOTIONAL SERVICES
In some cases, the project would require promotional activities in order to generate
financial support and acceptance from governing agencies or from the general public.
The Architect with his own staff. can accomplish many of these activities including
preparation of promotional designs, drawings, brochures and the like. As the agent of
the Owner, the Architect can produce and coordinate the additional activities
necessary to complete the services.

METHOD OF COMPENSATION
The Architect's services for the Pre-Design Phase were creative designing is not included are
often compensated for on the basis of multiple of direct personnel expense. This cost based
method of compensation is directly related to the Architect's and his consultant's effort where
they are compensated for every technical hour expended on the project with a multiplier to
cover overhead and a reasonable profit. This method is suitable for projects in which the scope
of work is indefinite, particularly for large complex projects.
Progress Payment for Services shall be made based on the accomplishments of the work of the
Architect.

239
DOC. 202 ARCHITECT'S DESIGN SERVICES
A. REGULAR SERVICES
The architect, in regular P.ractice normally acts as his client's or the Owner's adviser. He
translates the Owner's needs and requirements to spaces and forms in the best manner of
professional services, he. can render.
The Architect's work starts at the very inception of the project when the Owner outlines his
requirements to him. It renges through his study and analysis of the various aspects of the
project, goes through the preparation of the necessary instruments of service and through
the multitude of construction problems and does not terminate until the project is com-
pleted.
In effect, the Architect renders services whose sequence come in four phases as follows:
a. Schematic Design Phase
b. Design Development Phase
c. Contract Documents Phase and
d. Construction Phase

Phaae 1 SCHEMATIC DESlGN


a. Consults with the Owner to ascertain the requirements of the project and confirms
such requirements with him.
b. Prepares schematic design studies leading to a recommended solution including a
general description of the project for approval by the Owner.
c. Submits to the Owner a Statement of Probable Project Construction Cost based on
current parameters.

Phase 2 DESIGN DEVELOPMENT


a. Prepares from approved Schematic Design Studies, the Design Development
Documents consisting of plans. elevations, and other drawings, and outline
specifications, to fix and illustrate the size and character of the entire project in its
essentials as to kinds of materials, type of structure, mechanical, electrical and
sanitary systems and such other work as may be required.
b. Submits to the Owner a further Statement of Probable Project Construction Cost.
Phase 3 CONTRACT DOCUMENTS (see pp. 47-52, p. 460)
a. Prepares from approved Destgn Development Documents,·the complete Construc-
tion Drawings and Specifications setting forth in detail the work required for the ar-
chitectural, structural, e4ectrical, pfumbing/sanitary, mechanical and other service-
connected equipment.
b. Prepares specifications describing type and quality of materials, finish, manner of
construction and the general conditions under which the project is to be con-
structed.
c. Furnishes the Owner not more than five (5) complete sets of all construction draw-
ings, specifications and general conditions for purposes of bidding.
d. Keeps the Owner informed of any adjustments to previous Statements of Probable
Project Construction Cost indicated by changes in scope, requirements or market
conditions. ·
e. Assists the Owner in filling the required documents to secure approval of govern
ment authorities having jurisdiction over the design of the Project.

240
Phase 4 CONSTRUCTION.
a. Prepares forms for contract letting, documents for construction, forms for invita-
tion and instruction to bidders, and forms for bidders' proposals. (see p. 477)
b. Assist the Owner in obtaining proposals from Contractors, in preparing abstract of
bids and in award.lng and preparing construction contracts.
c. When required in the qontract, makes decisions on all claims of the Owner and Con-
tractor and on all other matters relating to the execution and progress of work or
the interpretation of the Contract Documents. Checks and approves samples,
schedules, shop drawings and other requirements subject to and in accordance
with the descriptive information and provisions of the Contract Documents,
prepares change orders, gathers and turns over to the Owner written guarantees re-
quired of the Contractor or sub-contractors.
d. Makes periodic visits to the project site to familiarize himself w ith the general pro-
gress and quality of the work and to determine whether the work is proceeding in
accordance with the Contract Documents. He shall not be required to make ex-
haustive or continuous 8-hour on-site supervision to check on the quality of the
work involved and he shall not be held responsible for the Contractor's failure to
carry out the construction work in accordance with the Contract Documents.
During such project site visits and on the basis of his observations he shall report to
the Owner defects and deficiencies noted in the work of Contractors, and shall con-
demn work· found failing to conform to the Contract Documents.
e. Based on his observations and the Contractor's Applications for Payment, he shall
determine the amount owing and due to the Contractor and shall issue correspond-
ing Certificates for Payment for such amounts. These Certificates will constitute a
certification to the Owner that the work has progressed to the state indicated and
that to his best knowledge the quality of work performed by the Contractor is in ac-
cordance with the Contract Documents. He shall conduct the necessary inspection
to determine the date of substantial and final Certificate for Payment to the Con·
tractor.
f. Should more extensive inspection or full time (8-hour) construction supervision be
· required by the Owner a separate full-time supervisor shall be hired and agreed
upon by the Owner and the Architect subject to the conditions provided in the UAP
Document on Full-Time Supervision. When the Architect is requested by the Owner
to do the full time supervision his services and fees shall conform to the same UAP
Document.

B. PAYMENT SCHEDULE
1. Payments on account of the Architect's basic services shall be as follows:
a. Upon the signing of the Agreement a minimum payment equivalent to five percent .
(5%1 of the compensation for basic services.
b. Upon the completion of the Schematic Design Services , but not more than 15 days
after submission of the Schematic Design to the Owner, a sum equal to. fifteen per-
cent ( 1 5%} of the Basic Fee, computed upon a reaaonable estimated construction
cost of the structure .
c. Upon the completion of the, Design Development Services but not more than 1 5
days after submission of the Design Development to the owner, a sum sufficient to
increase the total payments on the fee to thirty-five percent (35%) of the basic fee
computed upon the same estimated construction cost of the structure as in (b).

241
d. Upon the completion of the Contract Documents Services but not more than 1 5
days after submission of the Contract Documents to the Owner. a sum sufficient
to increase the total payments on the fee to Eighty-five percent (85%) of the Basic
Fee computed upon a reasonable estimated construction cost of the structure as in
(b).

e. Within 1 5 days after the awards of Bids, the payment to the Architect shall be ad-
justed so that'' w ill amount to a sum equivalent to eighty-five percent (85%) of
the Basic Fee, computed upon the winning Bid Price.
f. Upon completion of the construction work, the balance of the Architect' s fee,
computed on the Final Project Construction Cost of the structure shall be paid.
2. The Owner shall make partial payments during each of the various stages of the Ar-
chitect's work, upon request of the Architect, provided that such payments are within
the framework of the manner of payments outlined above.

C. OWNER'S RESPONSIBILITIES
1. Provide full information as to his requirements for the project .
2. Designate when necessary, representative authorized to act in his behalf. Examine
documents submitted by the Architect and render decisions pertaining thereto promp-
t ly, to avoid unreasonable delay in the progress of the Architect's work. Observe the
procedure of issuing orders to contractors only through the Architect.
· 3. Furnish or direct the Architect to obtain at the Owner's expense, a certified survey of
the site, giving as may be required, topographical surveys, grades and lines of streets,
alteys, easements. encroachments, zoning, and deed restrictions, boundaries, with
dimensions and complete data pertaining to existing buildings, and other im-
provements and fult information as to available utility service lines both public and
private; and test borings and pits necessary for determining subsoil conditions.
4 . Pay tor structural, acoustical, chemical, mechanical, soil mechanics or other tests and
reports as may be required for the project.
5. Pay for design and consultancy services on acoustic, communication, electronia and
other specialty systems which may be required for the project.
6. Arrange and pay for such legal, auditing, and insurance counselfing services as may be
required for the project .
7. Pay for all reimbursible expenses incurred in the project as called for in Section 6
"Other Conditions on Services" and all taxes (not including income tax) that the
government may impose on the Architect as a result of the services rendered by the
Architect on the project whether the services were performed as an individual practi-
t ioner, as a partnership or as a corporation.
8. If the Owner observes or otherwise becomes aware of anything that may impair the
successful Implementation of the project, he shall give prompt written notice thereof
to the Architect.

D . OTHER CONDITIONS ON SERVICES


1 . Conditions for Minimum Basic Fee
The "Minimum Basis Fee" referred to in Section 3.0 applies to construction work
done by a Contractor on the basis of a Lump Sum Contract. Construction works that
are let on cos.t-plus-fee basis, or on any basis other than the Lump Sum Contract,
where the Architect has to render additional services shall be subject to additional

.242
compensation commensurate with the additional services required. Such additional
compensation shall be in addition to the minimum Basic Fee .
2. Other Professional Services
The Architect's fee includes normal structural, electrical, plumbing/sanitary and
mechanical engineering services. Other services that may be needed in order to com-
plete the project such as services of acoustic and illumination engineers , mural
. painters, sculptors, interior decorators and landscape architects are to be recommend-
ed by the Architect for the Owner's approval and costs for these services are to be
paid for separately by the Owner.
3. Miniature Models
The Architect may make and include miniature models of his design studies as part of
his preliminary work if he so deems it to be necessary but no extra charge for such
miniature models shall be made by the Architect. However, if the Owner desires to
have a miniature model of the final and approved design for exhibition and display pur-
poses, the Owner shall pay for the cost of said miniature model.
4. Per Diem and Travelling Expenses
A per diem of not less than P500 .00* plus traveling and living expenses shall be
chargeable to the owner on any occasion where the Architect or his duly authorized
representative shall be required to perform services at a locality beyond the radius of
100 kilometers from his established office.
*All references to fixed amount shall refer to the value of the Peso as of November
1979. Adjustment of the price shall be made at the time of the contract.
5. Extra Sets of Contract Documents
The Architect shall furnish the Owner five (5} sets of Drawings, Specifications and
other contract documents. Cost of printing or reproduction of extra sets of Contract
Documents when required by the Owner or his representative is to be charged to and
paid for by the Owner.
6. Changes Ordered by Owner
If the Architect is caused additional professional services, extra drafting or other office
expenses due to changes ordered by the Owner after approval of the Qesign Develop-
ment Documents, he shall be paid for such expenses and services involved. The
amount. of compensation and the extension of time for the completion of the
documents shall be upon mutual agreement of both parties .
7. Work Suspended or Abandoned
If the work of the Architect is abandoned or suspended, in whole or in part, the Ar-
chitect is to be paid by the Owner for the services rendered corresponding to the fees
due at the stage of suspension or abandonment of the work.
The primary service of the Architect is the preparation of plans, specifications and
other building construction documents which are actually sets of detailed instructions
·that shall serve as the basis for the Contractor to build the Project. Once the Architect
has prepared all these documents he has completed the Contract Documents Phase of
his services which is equivalent to EIGHTY FIVE PERCENT (85%) 'of his work. There-
maining FIFTEEN PERCENT (15% of his work is broken down as follows:
TEN PERCENT (t0%i for the Architect's liability under the Civil Code - and -
FIVE PERCENT (5%) for the construction phase service which includes preparation of
contract documents forms and periodic visits during the construction .

.243
When the OWNER therefore fails to implement the plans and documents for construc-
tion as prepared by the Architect, the Architect is entitled to receive as compensation
t he sum corresponding to EIGHTY FIVE t85%) PERCENT of his fee.
8. Different Periods of Construction.
If portions of the buildings are erected at different periods of time, thus increasing the
Architect's construction phase period and burden of services, the charges pertaining
to s.ervices rendered during the construction phase shall be doubled. A suspension of
construction for a period not exceeding six (6) months shall not be covered by this
provision.
9. Services of Consultants
If the Owner desires to engage special consultants, such consultants shall be with the
consent of the Architect and the cost of their services shall be. paid for separately by
the Owner and shall not be deducted from the fees due the Architect.
10 . Separate Services
Should the Owner require the Architect to design or plan movable or fixed pieces of
furniture, cabinets, covered walks, grottos, pools, landscaping and other items of
similar nature, the Owner shalf pay the Architect in addition to the Minimum Basic Fee,
a compensation in the amount of Fifteen Percent (1 5%) of the Construction Cost of
the above work . .
1 1 . Fuil-Time Supervision
Upon recommendation of the Architect and with the approval of the Owner, full-time
construction inspectors as will be deemed necessary shall be engaged and paid for by
the Owner. The full-time construction inspectors shall be under the technical control
and supervision of the Architect and shall make periodic reports to the Owner and to
the Architect as to the progress and quality of the work done.
1 2 . Estimates
Any Statements of Probable Construction Cost, or any Semi-Detailed or Detailed Cost
Estimates submitted by the Architect is accurate only up to e certain degree. Tt1is is so
because the Architect has no control over the cost of labor and materials, or the many
factors that go into competitive bidding.
13. Government Taxes on Services
The Architect's Fee as stipulated in Section 3 "Minimum Basic Fee" is net to the Ar-
chitect. Any tax that the government may impose on the Architect as a consequence
of the services performed for the Project (exclusive of income tax) shall be paid by the
Owner.

14. Ownership of Documents


All designs, drawings, models specifications and copies thereof, prepared and fur-
nished by the Architect in connection with any project are instruments of professional
service. As instruments of service they are the property of the Architect whether
work for which they were made may be executed. or not, and are not to be reproduced
or used on the other work except with a written agreement with the Architect.
This is in pursuance with the pertinent provisions of Republic Act 546 promulgated
on June 17, 1950 and of Presidential Decree No. 49 on the "Protection of Intellectual
Property" Issued on November 14, 1972.
1 5. Cost Records
During the progress of work the Owner shall furnish the Architect two (2) copies of
records of expenses being incurred on the construction, upon completion of the pro-
ject, the Owner shall furnish the Architect two (2) copies of thoe summary of all cost of
labor, services, materials, equipment, fixtures and all items used at and for the com-
pletion of the construction.
16. · Design and Placement of Signs
All signboards of contractors, sub-contractors, jobbers and dealers that shall be plac-
ed at the project site during the progress of construction shall be approved by the Ar-
chitect as to size, design and contents. After the completion of the project, the Owner
or his building lessee shall consult the Architect for the design and size of all
signboards, letterings, directories and display boards that will be placed on the ex-
terior or public areas attached to the building, in order to safeguard the Owner's in-
terest that nothing will be installed inside or outside of the building that would man the
safety and aesthetics of the structure.
1 7. Project Construction Cost
Project Construction Cost as herein referred to, means the cost of the completed
structure to the owner including plumbing and electrical fixtures, mechanical equip-
ment, elevators, escalators, air-conditioning system, automatic fire sprinkler system,
alarm and clock system, communications and electronic syGtem, elements attached to
the building and all items indicated in the drawings designed by or specified by the Ar-
chitect and his consultant. Other items if designed and planned by the Architect, such
as movable or fixed pieces of furniture, cabinets, covered walks, grottos, pools, land-
scaping and other items of simitar nature are to be p~id for separately by the Owner to
the A rchitect as stipulated in Section 6.10 (Separate Services)
The Proj ect Construction Cost does not include any Architect's fee or Engineer' s fee
or the salaries of the construction inspectors. When labor or materials are furnished by
the Owner below its market cost, the cost of the work shall be computed upon such
current market-cost.
DOC 203 SPECIALIZED ALLIED SERVICES
Architecture - the blending of aesthetics, functions, space and materials-results from the
application of the skills of many people. Time and Technology have moved to a level where
other allied professions are needed to complete, complement or supplement the necessary
services for a building project. Today, the environmental design professions, of which ar-
chitecture has a lead part, are inv~lved with a total commitment to i'mproving the way we
live.
The Architect's main responsibility to his client is to produce a structure that will house the
actiyity it was intended for that is well-planned, soundly constructed, aesthetically satisfy-
ing and within the financial limitation of the project.
The Architect's responsibility to society is to make sure that not the structure alone but
also its physical environment can enhance the lives of all the people. He relates riot onty to
purely design and build professions but to allied professions as well, to achieve totality in
design.
The design of the structure proper falls under the Architect's Regular Services (UAP Doc.
202).
Design services needed within and outside the building which require specializations fall
under "specialized Allied Services" namely:

245
a. Interior Design.
b. Acoustic, Communication and .Electronic Engineering.
c. Landscape Design
d. Physical Planning
e. Comprehensive Ptanning

A. INTERIOR DESIGN SERVICES


Depending on the complexity of the project, the Architect may get antatance from Con-
sultants whose expert advice may be needed in the detailing of interior.elements.
SCOPE OF SERVICES
1 . The Architect, upon designing a structure, hou.es tpeeific activities by controlling the
spaces where these activities ere to take place. The various spaces are designed to
make the space fit the specific mood and the required activity.
Due to the discovery of new products and equipment, interior design has become a
field of specialization . As such it offers the following services:
a. Prescribes furniture and · interior des\gn finishes 'appropriate for different activities
and spaces and prepares furniture and futntahing layout.
. .
b. Prepares the design and schedule of furniture giv'ing their dimensions, specifica-
tions and locations.
c. Assists the client in conducting bids or negotiations with furniture fabricators and
other suppliers.
d. Checks and approves samples of materials and shop drawings of furniture, fur-
nishings, fixtures and decor items.
e. Conducts final inspection and approval of furniture and other items.
PAYMENTS
, . For projects including extensive detailing such as furniture design built-in equipment
and special fittings, the Architect is paid 15% of the cost of the work . The fee may
however vary from 12% to 20% depending on the complexity of the work to be
undertaken.
2. The fee of the Architect as stipulated above includes the fee of the Consultant work-
ing with the Architect.
3 . Should the Client hire separately the services of the Consultant, the fee of said Con-
sultant shall be on the account of the Client and paid directly by the Client. In such a
case, the fee for the Architect for coordinating the work and relating the work of the
Consultant to the design concept of the Architect will be 5% of the cost of the· work .
4. " Cost of the Work" means the total cost of the items which were either designed,
speclfied or procured by the Architect and his Consultant for the Client, that were
used or installed in the interiors of the building.
5 . The Architect shall be paid on the following schedule:
a. Upon submission of the preliminary design - 30% of the fee.
b. Upon submission of the final design - 50% of the fee.
c. Upon compl.etion of the project- 20% of the fee.

246
B. ACOUSTIC, COMMUNICATION AND ELECTRONIC ENGINEERING SERVICES
Due t o the continuing evolution of products and techniques in sound control. communica-
tions and electronics, there is a wider flexibility in the design of the interior environment .
The Architect is the prime professional commissioned by the Client to design the structure
and all its utilities and to coordinate the works of all allied design professionals involved in
the·project.
As ·acoustic, communication and electronic engineering are fields of specialization , the
allied professionals who wilt perform these services will serve as consultants to the Ar-
chitect and the Client.
The Architect shall coordinate their works and make certain that their inputs will comply to
the requirements of the project and shall be compatible with the architectural design con-
cept of the Architect.
SCOPE OF SERVICES
The Architect and the Consultant offer the following services:
a. Prepare the drawings and specifications for acoustic designs, acoustic treatment,
sound control, sound reinforcement, sound insulation and communication system.
b. Prepare specifications of electronic equipment.
c. Assist the client in the bidding or negotiation of the work.
d. Check and approve samples of materials and equipment.
e. Conduct final inspection of work and equipment.
f. Assist the Client to evaluate the amount due the Contractor.
PAYMENTS
1 . The fee for acoustic, communication and electronic engineering services shall be f rom
10% to 15% of the cost of tlie work depending on the magnitude and complexity of
the work required by the project.
'· The fee of the Architect as stipulated above includes the fee of the consultants work·
ing with the Architect.
3. Should the Client hire separately the services of the consultants, the fee of said con-
sultants shall be on the account of the Client paid directly by the Client. In such a case,
the fee of the Architect for coordinating the works of Consultants and relating their
works with the design concept of the Architect will the 5% of the "Cost of the
Work".

4. " Cost of the Work" means the total cost of all equipment, utilities and other items
which were either designed, specified or procured by the Architect and his Con-
sultants for the Owner, that were used or installed in the project.
5. The Architect shalt be paid on the following Schedule :
a. Upon submission of the preliminary design- 30% of the fee
b. Upon submission of the final design - 50% of the fee
c . .Upon completion of the project -
- 20% of the fee.

247
C. LANDSCAPE DESIGN SERVICES
Arising from his concept of the total environment, the Architect is not merely concerned
with the structure he created but the surround ing space as well. He studies the structure in
relation with the existing environment and then consequently designs the surrounding
areas of the structure so that the environment act as one
Normally, landscaping of small projects can be done by the Architect and h·is staff.
If the project, however, is big in scale, the Architect may hire other professionals Con·
sultants. ·
SCOPE OF SERVtCES
In order to come up with a well-balanced design of the environment, the Architect offers
the following services:
a. Prepares the general ground modelling plan and planting layout.
b. Prepares drawings and specifications of needed utility lines.
c. Prepares schedule of shrubs, trees and other plants.
d. Prepare details of landscaping elements.
e. Assists the Client to evafuate the amount due the Contractor.
PAYMENTS
1 . The fee for landscape design services shall be from 1 0% to 1 5% of the cost of the
work depending on the magnitude and complexity of the work required by the project.
2 . The fee of the Architect as sti pulated above includes the fee of the Consultants work·
ing with the Architect.
3. Should the Client hire separately the services of the consultant, the fee of said Consul-
tant shall be on the account of the Client and paid directlv by the Client. In such a
case, the fee of the Architect for coordinating the works of the Consultant and relating
his work with the design concept of the Architect will be 5% of the "Cost of the
Work" .
4. "Cost of the Work" means the total cost of all landscape work including the cost of
utilities , landscaping materials and development of the site.
5 . The Architect shall be paid in the following schedu\e:
a. Upon submission ·of the preliminary design - 30% of the fee
b. Upon submission of the final design - 50% of the fee
c. Upon completion of the project -
- 20% of the fee

D. PHYSICAL PLANNING SERVICES


The Architect is not merely concerned with a structure. He is concerned with its relation
with the immediate surroundings as well. In planning for building sites {industrial estates,
shopping centers, etc) he studies the possible structures that will be sited there and their
relation to other structures, the surrounding environment, and their effect and impact on
the neighboring areas.
If the Architect is commissioned to do physical plans for a specified site, he has to study
human behavior and activities, look into the city's economic systems , its laws and regula-
tions, tax structure, the city's infrastructure, utilities and on the whole, everything that will
have a bearing on the project. When the Architect is exposed to all these aspects in suffi-

248
cient detail he is engaged in the practice of a specialized service - that of Physical Plan-
ning.
DEFINITION OF PHYSICAL PLANNING
Physical Planning is the art and science of ordering the use of land and siting of building and
communication routes to secure the maximum practicable degree of economy , social
amefllt ies, convenience and aesthetics.
It is approached through a mechanism which integrates in time and space the following
components:
a. Physical, pertaining to the world of material things, the tangible and aesthetics.
b. Social, concerned with the condition of people.
c. Economic and administrative - including the science of management and resources.
These components are used in reference to a smaller scale the siting of buildings and its
influence on the neighboring areas to be affected.

ROLE OF THE ARCHITECT -PLANNER


1. All ideas, concepts. needs and data eventually have to be translated into physical
plans before they can be implemented. It is the Architect who provides a
3-dimensional perspective to 2-dimensional plan. By virtue of the Architect's training
and experience in coordinating the works of a multi-disciplinary team, the Architect
becomes the logical prime professional responsible for the direction of the team ef-
forts to deal with the planning work.
2. The physical planning services of the Architect is separate and distinct irom the Ar-
chitect' s regular services . The latter being concerned w ith the production of a struc-
ture of building with all its attendant sophistications and complexities while the former
is concerned with the general quality of the setting for people, activities, buildings and
other natural and man-made phenomenon.
3. Depending on the complexity of the project the Architect may hire additional Consul-
tant whose expert advise may be needed to validate certain feature of the physical
plan. The fee of any additional Consultant needed in the project must be paid for
separately by the Client.

PHYSICAL PLANNING SERVICES


When the Architect is commissioned to do physical planning for building sites such as In-
dustrial Estates. Commercial Institutional and Government Centers. Sports Complexes.
Tourist Centers . Resorts. Amusement Parks. Educational Campuses . Housing Subdivisions
and the like, the services are as follows:
a. Confers with the Client on project requirements and secures and/ or generates sufficient
data base. from which reliable projections and/or analyses can be made for translation to
physical design.
b . Examines laws ordinances, rules and regulations affecting the project.
c. Prepares concept development plans and report from relevant information gathered by
other disciplines.
d. Prepares scaled preliminary plans showing physical allocation of areas, roads and
pedestrian arteries, basic utility layouts and building envelopes.
e. Prepares' budgetary estimate of cost of physical development.

249
f. Undertake modifications, revisions and changes as may be required.
g. Prepares Final Pfans, Report and Specifications needed for approval by the proper
government agencies concerned.

PHYSICAL PlANNING
SCHEDULE OF FEES
Type 1.
Physical Planning for building sites such as Industrial Estates, Commercial Centers, Sports
complexes, Resorts, Tourist Centers, Amusement Parks, Educational Campuses, Institu-
tional and Government Centers end Site Planning of any complex consisting of several
structures within a contiguous site.

• Basic rate for - P 6,000 per hectare


the first 50
hectares or less
* Over 50 P 250,000 plus
hectares up to P 4,500 per
1 00 hectares per hectare in excess
of 50 hectares

* Over 100 P 475,000 plus


hectares up to P 4,000 per
200 hectares hectare in excess
• Over 200 hectares P 875,000 plus
P 3,000 per
per hectare in excess
of 200 hectares.

* AU References to fixed amount are based on the 1979 purchasing value of the Peso. Ad-
justment of the fee shall be made at the time of the contract due to inflation and other
factors .

Type 2
Subdivision Planning for housing on properties within Metro-Manila, cities regional centers
and provincial capitals .
* Basic rate for P 3,000 per
the first 1 00 hectares hectare
or less
* Over 100 ·hectare up P 300,000 plus
to 200 hectares P 2,300 per
hectare in excess of
100 hectares
• Over 200 hectares P 550,000 plus
P 2,000 per
hectare in excess of
200 hectares

250
Type 3
Subdivision Planning for housing on properties located on other localities beside those
under Type 2.
* Basic Rate for the P 2,000 per
first 1 00 hectares or hectare
less
* Over 100 hectares up P 200,000 plus
to 200 hectares P 1,500 per
hectare in excess
of 1 00 hectares
* Over 200 hectares P 350,000 plus
P 1,000 per
hectare in excess
of 200 hectares
The rate stipulated under Article 5 above is based on the assumption that the land to be
developed is moderately flat. If the land is rugged with steep terrain the fee shall increase
by thirty percent (30%).

OTHER CONDITIONS ON PHYSICAL PLANNING


1 . The Architect may undertake the site planning of a project requiring a composite ar-
rangement of several building envelop on a contiguous site of a moderate size of three
(3) hectares or less. Any commission on physical planning of a larger magnitude or a
complex nature, should be done by the Architect with several years of experience in
planning or has had additional academic training in planning. He should most impor-
tantly possess administrative, technical and managerial ability aside f rom an equitable
social commitment.
2. Should other services be required by the project, such as environmental studies,
feasibility study, market analysis, movement systems, impact analysis and others,
said services should be performed by an Architect acting as the prime professional of
the team.
3. The cost tor environmental studies surveys, site investigation and titling of the parcels
of land shaU be on the account of the Owner.
4. The detailed design of the building and landscaping elements is not part of ·physical
planning services and shall be treated separately under the Architect~ Regular S9r-
vices" or "Specialized AJiied Services." ·
5 . For the preparation of detailed engineering drawings and ~pacifications on roads,
drainage, sewerage, power and communication system an additional fee of four per-
cent (4%) of the cost of the development is to be charged.

E. COMPREHENSIVE PLANNING SERVIC~S


EXPERTISE
Planning calls for the detailed study of physics!, social, economic and administrative com-
ponent$ and as such requires the expertise and knowledge of other specialists.
Comprehensive Planning Services is the range of all services offered by the environmental-
p~anner from data base gathering to environmental impact statements up to the formulation
of the Master Development Plan .

251
In the formulation of the Master Development Plan, the following components are to be
considered:
a. Physical Component
Concerned with land use and the changes which occur w ithin the phyaice\ environment
(within the space where these activities take place).
b. Economic Component
Concerned with the nation's assets and its management.
c. Socio-Cultural Component
Concerned with the people their living conditions and the seeking of ways to ameliorate
it.
d. Transport Component
Concerned with the movement of people and goods from one place to another .
e. L~gal and Administrative Component
Concerned with the relationship of policies to the existing laws.

THE ARCHITECT AS ENVIRONMENTAL PLANNER


The Architect' s ability to synthesize and organize into a whole, various information relating·
to the user's needs, user's perception and expectations, site and climatic factors, construc-
tion technology, materials, cost and other information has qualified him to take the lead ro\e
in any undertaking that cut across various disciplines.
The Environmental Planner is concerned with the management and use of land as weil as
conservation and upgrading of the human environment. Since the Architect, with ex-
perience in planning has the social commitment end technical experience as coordinator of
several disciplines, he is qualified as the Environmental Planner and leader of the multi·
disciplinary team to offer Comprehensive Planning Services.
COMPREHENSIVE PLANNING SERVICES
When the Environmental P1anner is commissioned to do town and regional planning or ur-
ban renewal projects, he performs the following:
a . Identifies existing la{ld use, resources. social behavior and interaction.
b. Undertakes environmental analysis feasibility studies, demographic analysis.
c. Examines existing laws, ordinances, political/Social constraints.
d. Prepares concept development plans, policies. implementing strategies to arrive at the
Master Development Plan .
COMPENSATION FEES
As a specialized service, the Architect shall be compensated for by the following methods:
a. Professional Fee plus Expenses
The fee of the Architect-Planner for the Physical planning component is basad on the
schedule prescribed under UAP Doc. 203~d "Physical Ptanning Services" while the fee
for consultants, researches and oth8f' out of pocket expenses are reimbursable to the
Architect.
b. Multiple of Direct Personnel Expense
Refer to UAP Doc. 208-b "Methods of Compensation" for details.

252
Office Organization
OFFICE ORGANIZATION
Completion of registration as an architect seems to inspire the new architect into considering a
practice of his own. In many cases he may have been employed by a firm for several years, and
while having been periodically promoted, may not entirely be satisfied with the prospects of his
future. He may have been offered a commission to do a project on a "moonlighting' ' basis or
the office in which he works may have passe.d along a small project which they could not han-
dle for some reason. Probably everyone dreams of someday being "the boss" and young ar-
chitects are no exception. In addition, the actual cash or equipment required to start an office
for the practice of architecture or engineering is quite minimal.
For young people, the starting of an office should not be too difficult, considering the possible
workload that may be available. The young architect has, by this time, been an employee of a
larger firm and should been able to observe quite a bit of the requirements.
He should be familiar with most of the operations necessary for the production of contract
documents. He may not be too familiar with the business end, the cash flow •.or the process of
finding clients. One of the biggest surprises may be the number of hours that are worked per
week. As an employee he probably worked a standard 40-hour week and had vacation or sick-
time lei!lve. With a beginning practice, and perhaps for quite a while after starting, the 40-hour
week will he a forfeited pleasure, and the new architect will work days, nights, and weekends
to keep his office open.

EXPERIENCE OR NOT
General experience may be difficult to come by in the larg·er office, but any experience is better
than none at all. Fortunately, the two years required between college graduation and possible
registration allows for the gain of much experience. Some people will have been project
architects inthe larger offices and will have actually run jobs from client contacts and con-
ferences, handling the design, supervising the preparation of contract documents, and all of
the details of construction. Others may not have been so fortunate in having a varied
background, but may have been excellent in one of perhaps two phases of the complete pro-
cess. Too often this is just not enough.
Quite often also, two people, working side by side or in different offices, decide to start
together. If both these individuals have the same expertise or specialty the joint arrangement is
almost predoomed to failure unless one or the other changes. A union of two designers quit e
often results in both wanting to design but neither "keeping the store open" by handling the
business or production end. The same situation may result when the expertise or experience is
in some other area of the business. Perhaps the best preparation for successful office where
employees customarily are continualfy exposed to most all phases of the business. By this ex-
posure they may develop a special interest or ability which could be most helpful.

In a good many cases the person with limited experience is resttess enough to trv his own of-
fice, but after a few months or years find that the business ;end is not for him and returns to
working for someone else. Others may team up with someone else to handle the portion of the
work that they don't like or can't do. Perhaps one of the best activities in which the budding
architect can engage is_li quick course in business methods at a local college, if they have not
previously had that opportunity. Despite the feeling that architecture is an art, It ,also Is a
business and must shovv a profi t if the architect expects to continue a practice.

254
FIVE PRIMARY TYPES OF OFFICE ORGANIZATION.

1. SINGLE PROPRIETOR
The individual owner or single proprietorship type of operation is still alive and going well
in many cases. The Primary advantage, of course; isthat the proprietor is his o.wn boss
and can accept or reject any clients as he feels inclined. This may be good or bad. If there
are enough clients with the right kind of projects, the new firm should not have much trou-
ble. However. if the proprietor is a little particular about the type of work he does, and
there isn't enough of that available, the going may be a bit more difficult. There is a con-
siderable satisfaction in doing only the interesting and challenging projects, but many
young offices fi nd that some compromise is usually necessary.
The disadvantages seem to outweigh the .advantages. While the architect m.av be a good
aesigner and like to do 'this'part ot the-totai wo-rk, someone must be out finding more work to
keep the office alive. The same is of course· frua·· of"allother phases of the project.
Finances to operate the offices are available through only one source - the owner. When
the architect is out of the office, too often the office Is closed, with the possibility of miss-
ing important telephone calls manufacturer's. representatives, or prospective clients. A
small office usually does small work-perhaps better quality, but nonetheless small in size
or peso .. value. If draftsmen are employed. there Is always the problem ·of keeping them
busy if projects are not available, and the additional lack of ability to do all phases of the
project may cause some problems . Smaller offices seem to employ less experienced draft-
smen, probably because salary outlay is lower, so the draftsmen may not be as thoroughly
trained or able to make decisions without approval from the "boss". And certainly, if any
trouble arises on a project or a court decision is given against the office, the single pro-
prietor is the one who a5sumes the entire load-perhaps to bankruptcy.
For those who like to have the entire responsibility, and can handle the financl.aland other
aspects that go with it, single proprietorship is certainly rewarding. There is a pride in be-
ing able to feel that you, and you alone, operate a successful business doing quality work.
There is also a responsibility · to any employees to keep them happily employed and of
course to the architect's family. The latter can be a major problems since.. many more
hours, nights, and weekends will be used in finding work and processing it properly. Until
a single-proprietor office really develops, there is usually a minimal chance that multi·
million pesos projects will be offered, due strictly to office size, but as the office continues
to grow this deterrent mav be gradually eliminated. ·
The principal disadvantage of the small office is the simple fact that the office is small.
Work that requires more facilities than are available in this size office may go elsewhere
simply because of this fact. One method that may be used is, of course, to increase the of·
fice force as occasion warrants. This means violent changes in operation and additional
paper work . Joint-ventUres with other offices mf)y also be the answer, but limit the
freedom experienced by the single proprietor . The fact that an office is led by a single pro-
prietor also does not necessarily mean that it has to be small. Quite a few iarge offices.
. started as a small single-owner operations, but grew by good management and still main·
tained the single-owner status by employing the expertise necessary.

2. THE PARTNERSHIP
This form of office organtzation may be considered in two major styles: two or more equa•
active partners, or a senior or a junior partner. Each condition may also involve associates.
Partnerships exist where all partners are registered architects, where partners are ar·
chitect or engineers, or even where only one person is a registered architect but other
partners are contractors. lawyers, or good businessman in related fields. Which is best
depends greatly upon the qualifications. financial status, capabilities and interest of those
concerned.

255
The.moat obvious advantage of a pannerahlp h• the feet that more than one practitioner
me~~ne more cash-backing more ectual hands or bodies to do the work, more minds to
think out the problema, and more client contact& that may be made. In a well-developed
partr:terahlp, the varloue phases of th~ work are as equally divided as Is possible, each
responalble of the portion delegated ta him. The partners may be aqua\ by v1rtue of equal
Investment& In the bualne8s, or may be unequal due to unequal investment. Regardless of
the amount of .lnvt~&tment, unlesa special responsibility Ia agreed.UJ)on, all partners ere
· ~naible for the debtS of the partnership, and a contractual agreement by one partner
blnde all partnenl. Certainty without • good agreement or confidence in partners, it might
be an undeelrable situation at times.
In a good working panneqhlp aomeone needs to be me
bualneaa.getter, the "front-man"
10meone to handle the caeh flow and general busineaa phaees. Different persons need the
ablllty to dealgn, and to eu~H the production work and field construction. Each part-
n. could belong to a different club or service <Wganlzatfon In order to have diverse con-
taCt. for poulbte buatneaa and probably should live In a different suburban area for the
same reuon. TheM things may requtre some adjustment but probably will benefit the
partnership In the end.
Now let' a take a look at the poa8lbUltlea of aenlor-junior partnership. This type of arrange-
ment ..........y ltan. when an older, estabtllhed architect begins to feel that he is working
too hard, that he has a bright energetic employee, Of that he would like to retire in a few
yura. Mcm often the younger partner Is a long·time offk:e employee who supposedly
knowt the operation of the office, complements the architect'a abilities, and is .,itchy" to
be on hla own. The aenior partner la the one with the investment. Agreement regarding
returna may be varied, but the tenior partner will retain control. If the idea Is to provide for
ultimate retirement of the otder partner, there may be a gradual increase In percentage for
the .y ounger partner with a corresponding decrease in the percentage for the one. until, at
Ultimati retirement, the office belongs .to the younger. This may take a considerable
J*iod of time of courae. While this Ia often an arrangement between only two men, there
Ia no ·reaaon that more than one junior partner cannot be Included.
So·partner8hlp sounds better than moat aingla·proprietorships. The advantages are that,
when properly constituted, the partners expertise complements each of the others. The
flnanclal baN may be more broad end In greater depth aeeach·partner has some money.
The partners will pro~bly live In different client contacts. And what more partners ·to
there the required work neceSHry for best operation, the amount of extra work time,
beyond a normal week, may be shortened. The primary diaadvan1age is that partners may
not agree about business after an Initial periOd of "togetherness." The one who attends
meetings, play golf, has client Oriented lunches, may be considered by the others as hav-
Ing too enjoyable a time. Unless strict control over contract signatures and cash flow is
maiotarned, 'ft Is possible that unwelcome work situations may result. Several partners
may want to work on design with no one Interested In production .documents or contract
adnilntatretlon.
In the senior junior pertnerahip, the older partner may be very set ln. this methods, design
criteria, or type of projects. He may not be Interested in change and, since he has majority
control, may not agree with hit junior partner. A major disadvantage if tun partnership is
that each partner Is professionally and financially responsible for any or all business ac-
tions of other partners.

3 . ASSOClATES
The term aeeoctates may mean something or relattvety nothing. When younger empiQyees
reach an advanced stage of value to the office, they may conalder thefr own office. They
mey have skills to replace and not really want to leave. They may simply want recognition.
Enter the auociate statue, name on the door and letterhead, with no change in financial

256
situation, or office responsibility may be the answer. If this arrangement continued, an ad-
ditional raise in pay or a part of the profits may result~ In larger firms there may be quite as
many associates as numbers of partners. Associates firm members expect to ultimately
become partners and usually do or they use that status symbol to negotiate for a beUer
situation elsewhere. Generally speaking, however, the office gets the bauer of the deal as
the associate feels a greater responsibility since he is now a part of management and
perhaps someday may become a partner. As a result he often takes on additional respon-
sibUity and works more diJigentty. It's not really bad for the employee either since it in-
flates J'lis ego and indicates to the public that his firm considers him a cut above some
others in the office.by such recognition. Some firms avoid the word associate but cre~te
directors of this or that, which usually amounts to the same as associate.

4. THE CORPORATION

In many cities a corporation may be formed by architects. SimP,Iy explained, the corpora~
tion is a theoretical employer organization and all members (stockholder~) are employees
with financial responsibility limited by the amount of their investrnef!t. When a partnership
becomes so large or unwieldy that efficient operation becomes difficult, the partners may
decide that a corporation type office with its benefits, would be very interesting. A cor·
poration is formed by obtaining approval of articles of incorporation, a charter from the
city, establishing a board of directors, and electing a slate of controlling officers. A stock
issue is provided and may be common stock or preferred stock, the latter having priority or
preference when dividends are declared. Stock may have an initial par value or no value
and the investors either buy shares, or acquire them by their monetary interest in the of-
f ice. This cash inflow provides the starting f inances for the c orporation. The board of
directors and elected officer s .are responsible for the efficient operation of the corporation
and all persons work for the corporation as em~loyees and receives a.salary, plus stock
dividends , plus a bonu•. if profits are more than ·those expected . Market value of stock
fluctuates up or down from issue price depending upon amount of dividend or other ·indica-
tions of profitabte operation and may or may not be indicated in stock market quotations.

·Financial and size advantages are more rather obvious . With a greater number of
stockholders there ls more money with which to work. As a large organization, it is possi·
ble to have more emptoyees and more or bigger work. Diversification of skills o.r abilities is
also more possible. Departmentalization may also result, again bringing larger and more
varied types of projects.
Proper business methods may bring a good return on any investment. All of this larger
work, larger office, and less personal in-office contact may lead to a feeling of "factory
wor~ers" and stifled ambitious younger people. With a larger group of principals it
generally works out 1hat individuals develop considerable personal skills in a particular
area rather than improving over the entire field, and while some p.e ople do not object to a
human boss they do not like to be supervised by a corporation: ·
Bigness as related to a c.orporation, has its advantage and its disadvantage. From the
standpoint of the client, the large corpofate office generally has the advantage of being
able to provide expert knowledge in a number of fields, a client wishing to build a special
manufacturing plant probably wm have better results with a large office with specialized
interests, and most such offices are organized a corporations. From the standpoint of the
employee, exposure in a large corporate office will give him a much different feel for pro-
jects than is generally possible in a smaller office. This may be good or bad depending
upon the individual. A by-product of a large corporate . office may be the better
understanding of business as it relates to the design professions.

257
5. JOINT-VENTURES AND OTHERS
Regardless of the basic structure of a professional office, there are times when it may
become expedient to combine offices or reorganize to better advantage. When several
small offices feel that it may be advantageous to combine forces they may joint-venture
the same as many other groups. This usually results in a form of partnership since each of-
fice functions as an individual, so joint-venture is to contil'!ue for a rather extended period
of time, a corporation agreement may be best for the participants.
Sooner or later most architectural offices consider Inclusion of full services (structural,
mechanical, and electrical) within their organization. Depending upon the amount or work
in these specialized fields, this may be an advantage, but in many cases the amount of ar-
chitectural work is far greater than the engineering work. This immediately poses the
question of separate but interlocked offices, one for architecture, and ~nother for
engineering . In most of such cases the corporation form or limited partnership is more
desirable.
The developer 1'\es appeared on the construction scene in the past few years. This is usual-
ly a corporation-type organization or a conglomerate of several corporations . Unlike the
architectural office or that of the consulting engineer, the developer office includes real
estate purchase (and possible resale oi raw \and}, development oi plans, construction ot
buildings, roads, and other facilities ,- sales, and perhaps maoagement. Any one of these
activities could "go sour", even with the most expert advice, so particip~nts need to pro-
tect themselves as well as the interlocked activities.
When we consider formation of an architecturaf office we normally consider only
registered architects. There are many other combinations that may be considered,
however, present day development and constructton practices indicate the serious con·
sideration should be given to association in one form or another with contractors, land
developers, or others in near-related fields. The old taboo on architects also operating as
contractors for the same client has been removed. Assistance in profitable development
of vacant land or urban reconstruction is also a possibility.
Project management in cooperation with other businessman is an area of increasing in~
terest. Most .city · laws relating to use ot the title "Architect'', in any of these associations
require that a clear indication be made as to exactly who is the architect. Where architect-
engineer combinations are arranged, each professional must usually sign or take respon-
sibility for the entire project. Each type of arrangement should be carefully investigated
before starting a new office and the one which seems to present the most advantages and
fewest disadvantages considered. · ·

OFFICE LOCATtON

One of the first questions that arises in starting any type of business Is the one of location. This
is as true for the prospective A/E office as any other. There are a number of major issues that in·
fluence the consideration of locations; some that are made or controlled by the proprietor, and
some that are by~product of the society in which we live and work. In this chapter we will con-
sider the major reasons involved but since every case, and every location has advantages or
disadvantages the owner mus~ evaluate them himself. Whet will be acceptable or satisfactory
in one case, may not be in another. Size of the office, type of work done, convenience of ac-
cess, parking, services, as well as rent and utility costs, all contribute to consideration of any
location. ·

1. BEFORE
Most every architect or engineer, ready to open his own office has work in another office
before feeling the urge to be on his own. While working in that other office he must also

258
have had some f eeling in regard to the location, its availability to clients, proximity to sup-
ply sources, parking facilit ies, cost per square meter of fi>ace, utilization~ and many other
factors . A great ·many t imes actual cost information may not be available, but physical
size, parking, and other conditions directly related to personal employment may provide
some ideas. In addition, the budding architect probably has visited other offices on one
occasion or another and can mentally note items that he thinks are advantageous or disad-
vantageous. He undoubtedly knows other people in other offices and obtains some "feed-
back" when they discuss a new feature in their offices or "gripe" about some conditions
that they feel, could be battered. Every draftsman has his own ideas of the relationship
between his drafting table and layout space, · amount of drawer or shelf space desired,
lighting conditions, convenience of various office services, and the desirability of con-
ference rooms, library, print room, and clerical area. These bits and pieces of stored infor-
mation plus good common senses will go a long way in helping the new architects to
select a good location .

2. THE "AT HOME" OFFICE


Before we consider the separate oifice, perhaps just a few words in regard to the at home
office may be in order. Many young architects "moonlight" after office hours, using a
space room as an office. This may be a temporary expendiency to make a little extra
money, but as a starting point for a full-blown business it is not very good. First, the dwell-
ing is a residence used to bring up a family, with all of the children, the TV, the telephone
ringing, cooking . Those distractions are not conducive to architectural thinking or creative
work. Very few manufacturer's representatives will call at a residential address, so pro-
bably the architect wilt not be able to build up a library or perhaps even know the represen-
tatives. There may be some clients who will not object to coming to the "office" in the
rear bedroom at a residence, but a great many more will probably not be enthusiastic
about it. And even if all of these reasons may not be sufficient, city regulations and
· business license rules may prevent this type of oJ)eration. Judgment of appropriate costs
is also a big factor in the· home office. Telephone 'companies questions the use of a
residential phone indicated as a business phone and the rates for use are considerably dif-
ferent. The Internal Revenue Service may make some embarrassing Inquiries about rent,
utilities, and other items charged off a residence as business. Most residences are not on
main streets or may not be a neighborhood easy to firid, so additional searching for ad·
dresses may be an inconvenience. A1l-in·a11, the residential or "at home" office is not the
best solution and may tend to create a negative feeling that a separate office does not.

3 . SPACE REQUIREMENTS
If we can theri con·sider other arrangement than the family residence, we first should try to
determine the floor space desirably. Rented areas will have a direct relationship upon the
number of people that are expected to occupy it. Depending upon the physicaA arrange-
.rpent of drafting table and layout board, the average space is two by three meters: six
square meters. Additional space for circulation, conference, storage, and o1her desirable
areas brings this up to approximately 1 5 square meters per person. A recent survey in-
dicated that about one-half the total floor area is devoted to administration: about 20% to
production, 12% to storage, and 10% to service. With a minimum-sized office these
figure do' not mean much, however, r a • 55 to 60 square meters are minimum for a one-
man office and about 1 00 square meters for the average office of seven or eight persons.
The area requirements may vary but their functions may be divided into the following
groups:

259
Adminlstr•tion.
Reception area and waiting room.
Principal's office
Conference room. (Room for at least a six~person conference)
Secretarial apace, bookkeeping.

Production AI'H.
Drafting space, project managers
Office space for specifications, engineers.
Model making apace (Optionat)
Library and sample room.
Estimating (Optional)

StoT•IJfJ .l'fltl.
Dead project storage.
Correspondence storage.
Vault (Optional}

Toilet area.
Janitor
Staff lounge (Optional}

Items followed by (Optional) may not be needed in the smaller office or may be in com·
bination with other spaces. tn the larger offices, separation office accomplishes the divi·
sion by simply defining the areas in a great many cas~s.
Careful con~ideration in regard to noise and traffic is essential. Clerical work sets up a
chatter from typewriters; reproduction equipment is often noisy but doesn't generate a
uniform background souna; telephones and related conversations are distracting; and the
simple passage of people causes an undesirable pause in the work schedule. Certain
background sound may be desirable, however. Radio or piped music, playing at low
volume· and without news breaks, tends tC) aid in working pleasure~. Even steady outside
traffic noises are not distracting. In trying to layout the office, however, it may be
necessary to fully consider separation of noi68 sources in order to have best operation.
Another Item that may want to ·be considered when planning for required space is the at·
titude toward the client. Some offices have no objection to the client wandering into the
production drafting area "to see what you're doing on my project. This could be an em-
barrassment if the production crew is not working on the particular client's work and
usually disrupts the draftsman's train of concentration. Physical space may be such that
the addition of the c\ient's bOdy prevents desired circulation or interferes with other draft·
amen. A majority of offices prefer that the client does not circulate in the drafting room
but instead all reviews of documents are made in an office or conference room .

4. YOUR OFFtCE
One of the most Influential public relations devices that an architect can have is an office
that reflects his interest and feeling toward certain types of architecture or materials.
Clients form an opinion of the ability of the architect from his surroundings and often even
select an idea due to those office and quite often this is achieved by his arrangement ana
deCoration of it. Employees also react to this. A warm atmosphere that reflects the in-
terest in a project. In most cases the architect will have generated a particular channel or

260
design concept that he likes, and this should be a major factor in selection of new offica
location.

5. THE CITY LOCATION


Location .in a downtown area has a number of advantages for a new office, as well as a
number of disadvantages that should also be considered . If the past employment has been
in a city location, a natural tendency may be to consider a downtown location as being the
best for the new office. Some idea of available space and cost may be available from the
old office. At any rate , the square meter cost will, in all probability, be higher than in most
other areas. Another readily apparent consideration will be availability and cost of parking,
both 'for office personnel and clients. Does parking space come with the office lease
covered, or an open lot? All of these questions need good answers to be used to advan-
tage. How about proximity for supplies? Are suppliers and blueprinting firms near? And of
course there is the question of the client . If the new office expects to be doing a great of
residential work perhaps city location will not be so advantageous to clients as one
located out of the business district. On the other hand, many industrial and commercial
clients will have their office in business districts. With some types of clients the office
location will not matter. since the architect will go to them for conferences and discus-
sions.
There is a certain amount of prestige connected with a downtown office, also. People
who have offices in the central business district are expected to somehow have better of·
fices, better knowledge, better employees, better projects, and to do a better job overall.
Mere location cannot and does not provide automatic skill, but the location may provide
better clients . Larger offices tend to have larger projects, which in turn attracts better
employees and probably better expertise in many areas. These accumulated factors do
not in themselves make a better office but location just may be a help.

6. THE SUBURBAN LOCATION


A suburban location doesn't mean that the office is "out in the sticks." It is true that it
isn't downtown but most cities have shopping centers or neighborhood business districts
that may be very suitable for location of an architectural office, so let's consider a few
reasons for such a move. To do this, perhaps we can parallel some of the reasons for a city
location. In a neighborhood business district, there are often fair-sized office buildings as
well as many smaller one. Due to the location away from the central business district, ren-
tal rates are generally tower and there are more spaces available. There may also be a be-
tter selection of related business tenants such as contractors, real estate offices,
engineers, or others who may be of some assistance . And the fact that the location is
away from the crowded areas also means that more, and perhaps less expensive, parking
will also be availab\e. Quite often this parking is very convenient and at no additional cost
to office personnel or clients. Suburban business districts usually have stores able to pro-
vide office supplies and if a blue-printing firm is not in the immediate area, they may often
have delivery service.
As far as the client is concerned, a great deal depends upon the ·type of business ex-
pected. A Suburban location may relate better to residential work and clients may be less
reluctant to come into a tess busy area. It office client-prospects are not close by, or if they
are of the type where the architect meets them in their own offices, the location of the ar-
chitects' office is of little consequence. In an earlier paragraph, reference was made to
related-business tenants in the same building. In a good many cases clients of real-estate
firms may be referred to architects by them. This also holds 'true for contractors,
engineers, and others. An additional advantage may be that the office may be nearer the
architect's home and that of his employees, thereby shortening driving time and freewav
traffic.
Office prestige may also be achieved in this type of location but perhaps by a different
route. Smaller or separated office buildings provide an opportunity to redesign some
structures to more advantageously display the office abllity . In many areas there are va-
cant lots upon which an office may be built. Also in some areas, the gradual changeover
from residential houses that may be remodeled into interesting office space. In these
cases, the public may have the opportunity to judge the ability and evaluate prestige by
the exterior appearance of the office. Many interesting projects may come to the suburban
office that the big downtown office doesn' t even hear about or isn't organize to handle
properly. Personnel may be a little different because in many cases the employees ere
more interested in "doing everything" in a smaller office.

7 . THE SMALL TOWN OFFICE


With all of the crowing, higher costs, ecological problems, and inconveniences of the city,
a great many people, including architects, are leaving the urban sprawl for the smaller
towns. Such move may change the entire picture. Office space may again be more
reasonable, ·but may also be less available, particulady space that reflects previous ar-
chitecture. If the architect is fairly confident of success in his move he may want to design
and build perhaps even with a rental space or two . Such action would allow him to
demonstrate his design concepts and show the people what can he do. His residence will
also be nearer the office. Parking nearby is usually readily available and at low cost or
perhaps free. Supplies may be 8 bit of 8 problem, particularly reproduction work so some
additional expense for duplicathig equipment may be necessary and supply may have to
be ordered in larger quantit ies.
An entirely different approach for clients may be developed . A move to a smaller town
most often means that any earlier contacts probably are lost. local clientele will develop
as the architect takes part in the community activities, and demonstrate his ability in the
design of his own office or building. Practice may include considerable work of a residen-
tial nature, some commercial work of smaller size, a bit of governmental work, and con·
siderable promotional work . This promotional work includes reworking of run-down areas,
new or remodeling work, retail stores, and occasional school bond-determined work.
Chances to be selected for the multi-million dollar new industrial plant will be very remote
as this work will go to'the city firm nearest the industrial owner. All of this change may
have a nonapparent factor in reducing tension, providing a more relaxed work at·
mosphere, and a smaller office staff. After a session in a big office such change may be
very desirable.

8. THE RURAL OFFICE


The strictly rural location is really not very practical for a full-time architectural office, and
even less so far a consulting engineer's office. Office spaces as such may be nonexistent,
so remodeled barns or addition to residences may be the answer. Again such design and
construction may be regarded as a demonstration of ability. Parking will usually be plen·
tiful and.free . Supplies must be carefully purchased in quantity, and duplicating equipment
must be a part of office furnishings. In general, the work coming into the office will be
small and probably infrequent. A few locations may provide desirable work in cooperation
with large land development, but the strictly rural office must be considered as a part-time
operation in most cases.

9. COMPARISON
Now that we have investigated the various general areas in which an office may be
located, let us look at a closer comparison of them. The ratings may differ in .different
parts of the country, but the general idea will remain about the same. From a casual
review.of the accompanying chart, it would seem that the city office has all of the advan·
tages. For the large office .
.262
City Suburban Small Town Rural

Space available Good Good Fair Poor


Rental Cost High Medium low Very Low
Parking Good Good Fair
Transportation Good Fair Strictly Local None
Mfg. reps. Good Good Fair Poor
Supplies Good Good Fair Poor
Duplicating service Good Fair Poor None
Residential clients Poor Fair Fair Fair
lndust./Comm. Clients Good Fair Poor Very Poor
Governmental clients Good Fair Poor Very Poor

This certainly is true, but tor the beginning smaller office the suburban-type location may
be more desirable. Again the individual preference for surroundings must be considered
when the office personnel is limited to two or three or even a one-man office. In these
cases some very successful operations are carried on in small town situations and even a
few in rural areas.

10. PERSONAL PREFERENCE


Despite any comparison of locations or other considerations, the location of an office
depends a great deal upon the individual. Each person has some feeling toward the type or
work he would like to do and this in turn influences location. After working in a city office,
many young architects want to get away from the hustle and bustle when they get on
their own . This means that they will migrate to the suburbs or smaller towns . On the other
hand, some people like the feeling of being in the mainstream of city business or have
some initial project which is best processed in a downtown location. A similar preference
seems to be a prevalent in s!lburban and small-town offices. People who have put in an in-
ternship in office in these locations often have done so to avoid the rigors of the city, and
have a tendency to try to continue in a similar area. As in most everything else, there is no
stock answer best locations.

1 1 . THE OTHER CITY


Up to 'n ow we have only considered relocation in a definite area in which the architect may
have already been working, but what about new city? Occasionally the old location, city-
wise, may not seem to present the best opportunities for a new office. This i a big step
since, in most cases, it means practically starting over. The architect loses all previous
contacts, both with prospective clients and with contractors, suppliers and even
manufacturers' representatives. A good review of construction starts, possible future pro·
jects, the existing competition or any new · offices, supply of qualified personnel, and
many other things, including additional finance arrangements, needs to be made.
A leisurely survey of the proposed new area should be made and if possible congenial cQn-
tacts formed with some of the firms operating in the area . Another important factor may
be search for proper housing , markets, schools, and other living facilities. Supply, or lack
of such facilities. may indicate some prospective clients overlooked by the local firms who
have taken existing conditions in stride without thinking about them. In any case, change
to another city is a major step and should be.thoroughly considered in all of its aspects.

1 2. YOUR OWN BUILDING


Perhaps not strictly a location, but certainly closely related to location and definitely in-
fluenced by location, is the question of the AlE's own building. Sooner or later the ques-

263
tion of rent, lease, or ownership arise and the A/E must determine in which he is most in-
terested for the present as well as the future. If the general location is right, the next ques-
tion is to buy and remodel an existing building, or to design and build a new building from
scratch. Existing buildings may not be properly arranged for the use intended, and may re·
quire considerable time and money to rearrange . They may be obsolete also in regard to
code requirements for plumbing and electrical fixtures, or may be structurally unsound.
Remodeling work on old houses can be risky but if a good results. it can also be one of the
best advertisements or public relations items possible.
A new building is really a challenge. The A/E is not only designing a project which must be
within the budget but must function 100% for its intended operation and must be
esthetically pleasing to the public. The shape, material, and appearance of the city will
generally indicate some favoritism by the A /E in one way or another. If this appearance is
pleasing to the general public, it is likely that business may be a bit easier to obtain. If t he
building is outstanding either as a great building or a& a monstrosity, the public will also
know about it and will have varied opinions. In a number of cases an A/E may determine to
build his own office, plus rental space, to help carry the load. Under these circumstances.
it is probably a good ideas to plan for related organizations such as realtors, insurance or
engineering firms, and to keep in mind the possibility of future expansion. Your own
building is a major investment and a visible advert isement that should be carefully con-
sidered from all angles .

OFFICE PERSONNEL
large office have some ot the same problems regarding the personnel required. Each must have
a leader or manager, and a number of others to produce the work. Not all offices have the same
titles for t heir employees, and not all with t he same t it les have the same job. A great deal
depends upon the size of the office which in turn depends upon the clientele of the office. In the
next few pages let us consider the position, education required, responsibili ties, and relative
r~numeration, for .the several possible positions. Positions are not necessarily listed in the order
of importance in an office as we shall see later.
As an example, we must consider the positions in an office of perhaps twenty-five persons . In
the smaller office many of the positions may be combined or nonexistent. In the very large of·
fices there may be a number of persons with the same titles and the same responsibilities. From
a salary position the Architect is, or at least should be , the top of the pile. The project manager,
specifications writer. chief. designer, and contract administrator are next in line with approx-
imately the same salary expectations. The titles of other positions, plus the chart in this
chapter, indicate the relationship of the remainder.

1 . THE ARCHITECT - ENGINEER


The architect-engineer is usually the boss. He is normally college educated in the field of
architecture and registered by examination in the country in which his office does busi-
ness. He has at least four or fiv~ years experien,~e in other offices. and may have been
in his own office tor many years. He has the ability to meet and talk to clients as well as
others in the community, and probably belongs to one or more clubs, primarily for possible
client contacts. Despite the fact that he is essentially a businessman, he knows his profes-
sion and can probably "double" in any position in the office.
Although most of the principals in an office have had a format education in their particular
iield, there still seem to be quite a few whose formal education may have been ln a related
field. A number of architects have education in planning, construction management, in-
du~trial science, and a few in chemistry or other sciences. The same is true of engineers.
There are also quite a few "mustangs", people who have little formal education but years
of experience, who have taken and passed the registration examination. Additionally,
some have multiple degrees in design, business administration, and an increasing number
have law degrees. While the architectural or engineering graduate usually starts out in his
chosen field, it is certainly an advantage to have additional education or experience in a
business field when the principal becomes involved in the management or administration
of an office.

In partnerships or corporations organizations, there may be many combinations or exper-


tise ·included in t he abilities of the principals. Not all architects are good designers or good
production people. In these situation it may be very advisable to have persons in charge of
design, production or field work, as well as business or office management. What is in-
teresting and challenging to one person may not have the same appeal for another, and a
good combination may spell the success of the office . The actual arrangement of duties
also other office personnel to know who is the boss in certain areas and this is particularly
important for smooth office operation.

2. PROJECT MANAGER
A person with experience in all aspects of architecture and engineering and project manage-
ment, the project manager may be registered as an architect or engineer, or it may be
simply a title, to forestall any question of registration. Experience is relative, but would
probably be in the area of five to twenty years in various positions. He manages the total
project, and typical responsibilities normally include: obtaining and analyzing client re-
quirements, establishing concepts for structural, mechanical and electrical systems,
developing design concepts, checking project development against budgeted time,
representing the client at public hearings and/or governmental agencies, and the general
supervision of progress of the entire project. He may be a partner or associate in the firm .
In a larger offices, t he proj ect m anager handles almost all of the phases of a project after
the owner-architect contract is signed. In most cases the project manager, then , is t he
leader of a t eam composed of design, production, and field personnel and directs all con-
sultants who may be needed . In some cases the project manager may even '"sit-in" on
these contract negotiations. Under his supervision the schematics are prepared,
preliminary documents and design concepts are produced, and, after client approvals, an
of the construction documents (drawings, t.;OSt estimates, and specifications) are pro-
vided. Also under his general supervision, the bidding procedure is carried out and all of
the field observation. A possible ego-building item is the fact that, in addition to the office
name, the name oi the project manager is often also prominently displayed on job signs
and in project promotion items in newspapers or magazines.

3. JOB CAPTAIN
The job captain may or may not exist in many offices. In the smaller offices this position
may roughly correspond to that of project manager while in larger offices he is an assis-
tant to the project manager. As an assistant to the project manager, the duties of the job
captain are primarily concerned with the production of the working drawings. While the
project manager handles the general affairs to a project, the job captains plans the sheet
arrangement, assigns the various forms of drafting to the crew, helps coord ination with
consultants , and compiles notes and other information for the specifications department.
In some offices he may be t ermed a chief draftsman although his position is more than.
that of a lead draftsman. As with many others in an A / E office, the education of the job
capta·l n may be formal or based upon years of experience and he may or may not ba
registered.

4. SENIOR DRAFTSMAN
A person with substantial knowledge and experience or in younger men, a college
graduate, may be a senior draftsman, but older men may be from the "school of harC1
knocks." Usually this person has at least eight to ten years experience. Major responsibili-
ty for him is in coordinating details and dimensions: checking working drawings for omis-
sions or conflicts prior to bid time; checking for code compliance; controlling design con-
tinuity in detailing; and in smaller offices he does major drafting such as floor plans and
elevations.
In architectural Qffices this person is fully capable of interpreting any sketches from the
design department completely through the finished drawing stage. The designer seldom
sketches all door or window details, roof flashings, railing details, and similar parts . The
senior draftsman is able to select proper details or draw them from experience. In a similar
manner, the senior draftsman ln an engineering office should be capable of also detailing
structure; connections, piping layouts, electrical circuits, and other required details. With
proper experience many senior draftsman in architectural offices are also capable of doing
a limited amount of engineering drafting from rough sketches by the engineer. His ex-
perience also makes him a good advisor and supervisor for less qualified or younger draft-
smen in the crew.

5. INTERMEDIATE DRAFTSMEN
Education for an intermediate draftsman probably includes graduation from a college of
architecture or engineering plus three to five years of progressive experience. If not
already registered this employee may be nearly ready for the final examination for registra-
tion. With less experience than the senior draftsmen, the intermediate draftsman prepares
working drawings, coordinates details with plans or elevations, and works with the senior
draftsman. In some cases the intermediate draftsman is proficient in executing presenta-
t ion drawings, graphics, or renderings.

6. BEGINNING DRAFTSMAN
A person w ith limited experience in architectural drafting, normally less than two years
experience, and without a degree in architecture, is a beginning draftsman. He helps to
prepare working drawings, helps prepare presentation drawings, does more correcting of
drawings under supervision of others, and traces details. In small offices he may replace a
trainee in this work .

7. TRAINEE
With little or no architectural education or experience beyond high school, a trainee often
starts as the blueprint machine operator. In addition, he files drawings, delivers office
material and drawings, and is generally "handy" around the office. He may do some.basic
drawings or tracing of details with supervision.

8. CONSTRUCTION ADMINISTRATOR
With a major position in the firms, the construction administrator should have a total
knowledge of construction methods, codes and contracts. He may be a graduate of col-
lege with a degree in architecture, construction engineering, construction management,
or may have come from the ranks of construction superintendents. His responsibility in-
cludes actual administration of all projects under construction, periodic inspections of the
onsite work, review and decision on shop drawings, communication w ith the contractor
regarding change orders and payment reque$ts, some contact with manufacturers
representatives regarding proper materials and supervision of field inspectors in larger of-
fices. This individual may also act as the checker of contracts, plus the fact that he has not
worked on the drawings or specifications, makes it easier for him to spot errors or omis·
sions. He is also a ready source for information regarding qualification or ability of general
contractors and 'Subcontractors and by his field contacts usually knows about availability
of materials. In small offices this position may be filled by the principal, and in other of-
fices it may be a combination with the project manager spot.

2.66
9. SPECIFICATIONS WRITER
The specifications writer must have substantial knowledge of the use of materials and
construction methods and may or may not be registered as an architect or engineer.
Responsibilities include preparation of prdiminary and final specifications, checking work-
ing drawings for compliance with specifications, evaluating and recommending new
materials and construction methods. dealing with manufacturer's representatives, and
advising other office personnel on materials or methods. This person may also be in
general charge of the library and~ room.
Great literary ability is not a requifements but the "spec" writer must be able to clearly
and concisely describe materials and methods to be used in the project . Sound knowledge
of actual construction methods is a must, and with a bit of experience a better-than-
average idea of labor and union procedures wilt become second nature. The "spec" writer
wilt be a major office contact for most manufacturer's representatives and must have, or
develop, the ability to compare equal products to determine if they are indeed essentially
equal. Through his constant comact with produaers, the "spec" writer is in a good posi-
tion also to advise the designer in regard to availability of materials and their relative costs.
Many designers do not considet this possible help, and costly revision of design
sometimes results due to pooriy selected materials or difficult and expensive installation
methods.

1 0. THE DESIGNER
Location of the designer in this discussion order does not imply that the designer holds a
less important position than others in the ofiice. In fact, this position is one of the most im-
portant and quite often is he'd by one of the principals of the office. College education is
normal, and registration may or may not be coincidental but is not mandatory. The
designer is responsible for the layout a,d appearance factors of the project and works
with the project manager to provide proper facili ties for the client. Work includes prepara-
tion oi schematics, prehrninary layouts, renderings, and sometimes interiors or special
phases of the work. In en engineering office, the designer works out the system to be
used, makes the ....;or caku&ations required , and roughsout diagrammatic sketches to be
further developed br 1he dnlftsmen .
While the percentage of the design personnel in an office is quite small , 3% to 5% of all
projects begin here. Those covered by the designer is not simply to provide a pretty pic-
ture, as is quite often suggested, but to carefully and accurately plan the work in accor-
dance with applicab6e code requirements and the client's needs. Most designers are not
completely trained. adept. or interested in structural or other engineering systems, and
may be limited in their knowledge of materials available. Once the basic idea has
materialized into some form, experts in the engineering and materials field should be used
to redesign any ponious that may be impossible to provide or that may be excessively ex-
pensive and will e~ 1he ewoiect budget. If a project cannot be constructed within the
budget, the destgn _..... il • good place to start revising or even stopping.

1 1 . LIBRARIAN
The librarian does no1 .... ,.,.., exist in most offices with less than fifty to seventy-five
employer, but is v.y .,.,._._tt when an extensive library has been acquired and a large
drafting force is ~ Uling reference material. In smaller offices, the "library" is
often scattered 1hroughout the office in several different bookcases and most employees
know the general wt.Mbou1s of specific material or will ask a fellow employee. The A/E
librarian does not t.w tonn.llibt"ary training. In tact such training may be a detriment.
Filing and retrieval of AlE •efaence consists almost entirely of arranging catalogs and
other material in P'OC*' - Cpreferably in the sixteen Divisions of the Uniform System)
and in dating and updating new materials .
A simple check-out system helps keep track of references and a limited ability to type is
helpful in writing to manufacturers for literature . Some prior exposure t o building products
via manufacturer, distributor, or contractor is helpful. The librarian's position, in a number
of cases, has been the starting spot for specifications writers since constant handling of
catalogs and samples often· creates an interest in specifications. Split-job responsibility
such as secretary-librarian , or office trainee-librarian , do not usually w ork out so an office
should arrange for a full-time position in most cases, or none at all.

12 . ENGINEERS-ARCHITECTS
In some larger offices the special fields of mechanical an9 electrical design for projects is
done "in-house" , that is in the A/ E office rather than being "farmed-out" to consultants.
This then requires education and registered engineers to design the various system . and
different 1·evels of draftsman to produce their working drawings. These engineering posi-
tions parallel the architectural positions very closely. The same is true of those resp onsible
f or the structural design of a project.
An increasing number of engineering offices are including some architectural work and
reverse of the above is obviously true. Contractors also employ design personnel and a
drafting force, so some positions may be comparable in the larger contracting offices . As
w ith the A/E office, some public organizations such as large school districts, federal,
state, and city-county governments also maintain A/ E depart ments and t heir operation
and personnel may be similar, even if called by other names to suit civil service
requirements.

1 3. NON-ARCHITECTURAL PERSONNEL
Almost all offices require the normal complement of secretaries office accountants, file
checks, receptionists, and other nonarchitectural personnel. The customary requirements
for taking dictation , typing, filing, etc. are necessary and a great variety of education and
experience may need to be considered. Smaller offices may need a combination-type per-
son who can handle reception typing, filing , and perhaps even the accounting. In larger
organizations, a number of very specialized positions may be needed: typists with training
on special machines, acc.ountants with special tax, knowledge , and private secretaries
with good organizational ability. And in some large offices even people trained in food
handling or processing may be necessary.

14. OFFICE ORGANIZATION


Most offices are not organized w ith only one project manager, one designer, and one pro-
duction group. Such a singular arrangement would mean that, in general , only one project
would be processed at a ti me and this would not be economical or feasible except in very
small offices. Therefore, two principal systems may be used. The following Figure in-
dicates an office with two or more project managers. The specialty personnel (design,
consultants, specifications, and construction manager) each contribute their skills to each
group as needed. This allows the office to operate properly with a minimum number of
specialty people who may work only part of their time on one project and can therefore
spread their skills.

Many offices operate with some combination of either possibility. The average office
employee approximately 3% to 5% of its entire force in a design capacity. The production
force of production manager and the various draftsmen may total approximately 70%,
with the remaining 25% to 27% serving as specialty or supporting personnel.
SR. ARCH\TECT
I
J
r--·
J.,. 1
JR. ARCHITECT JR. ARCHITECT
portaer pertner
J. l
PROJECT MANAGER~ ['
PROJECT MANAGERl

PRODUCTION CRht I
I I

JOB CAPTAIN l
I
DESIGNER
SR. DRAFTSMAN
I
!
~. DRAFTSMAN

i TRAINEE

I SPECIFICATIONS l.
I CONSULTANTS I
I

STRUCTURAL
l COST ESTtMA113R ~·· MECHANICAL
El.ECTR! CAL

J COIITRACT ADMINISTRATOR I
'l f

:
l
INSPECTORS
I
Fl G. A~ CONNON PRODUCTION CR£W
ORGANIZATIONAL CHART

The arrangement of the next Figure indicates a parallel type arrangement in which each
manager essentially operates a small office. Here a design team, consultants, specifica-
tions personnel. and construction supervisor are assigned to one ground and work
satisfactorily but it tends to waste manpower since complete utilization of skills on a full-
time basis is rarely possible in all phases of work. It also practically eliminates cooperation
between groups or specialty people since they may not even work close together
physically.
SR. ARCHITECT

JR. ARCHITECT JR. ARCHITECT JR . ARCHITECT


partner portfter pcsrtfter

PRO.JECT MANA8ER PROJECT MANil8ER

JOB CAPTAIN JOB CAPTAIN .JOB CAPTAIN

SR. DRAFTSMAN SR. DRA,TSMAN SR :DRAFTSMAN

INTER.DRAFTSMAN INTER. DRAFTSMAN 'INTER. DRAFTSMAN

8E81N. DRAFTSMAN 8E81N. DRAFTSMAN I BE91N.~AFTSMAN J


TRAINEE TRAINEE TRAiiE!
DESI8NER DE818NER
1 DESitNER

IPEC,FlCAT,OMS
1
I SPEC1FtCAT1 ONS SPECIFICATIONS

COST ESTIMATOR
l
COST ESTIMATOR
1
I COST ESTIMATOR
1 . .1
I

CONSULTANTS CONSULTAMTS [ CONSULTANTS

CONTRACT ADMIN. CONTRACT ADMIN. CONTRACT ADMlM .


l 1
( INSPECTORS jiNSPE CTOR S INSPECTORS

FIG. 8 - PARALLEL. TYP£ ARRAMClEMDCT


ORGANIZATIONAL CHART

270
CONSULT ANTS

Very few architectur·al-engineering office have the personnel capabilities or other facilities to
handle all phases of a project within their own organization. There is no stigma attached to this
inability since it simply stems from diffecences in educ8tion of personnel, size of office, type of
projects usually worked on, specialization if FJny. ~many other things. The average small to
medium-sized architectural office tt.eh)fe •ncAof88 consuttants to fill out where their own
facilities or personnel do not covtw.
The fields covered by consultants are wide. and few or many may be used by an office. Usually

..,..Ill
about at least two types of consuttants . . ~by most offices: structural and mechanical
electrical. The latter may be two
electrical work. Cost estimating seNic:es 1n
c:onalttants: one for mechanical work and one for
-.o most commonly used where that capability is
not present in an office. In tair1y recent,....another consultant has appeared ·:..... the specifica-
tions consultant or material rese • chel. eor.uttants may also be used to provide information
regarding required for good preparetiolt and equipment; for product handling of all types; for
fire protection and sprinkler systema for a mi8ceffany of special items,materiels, or processes.
In an engineering office where erchitlectunl WOfk is not normally done, the architectural work is
not normally done, the architectw81 firm may be employed as a consultant. Infrequently, ex-
perts in finance, real estate,~ •timitaf fields may be employed but are not usually con-
sidered as consultants .
Most consultants require a fee tor their serices and the amounts of such fees are included in the
architect' s fee . Some consultams provide services without charge, but these depends a great
deal upon local conditions 8Rd customs. Fees may be arranged in the same manner upon local
conditions and customs. Fees may be arranged in the same manner upon which the fees of the
project AlE are: Fee arrangement might include percentage of work provided, hourly rate, time
or material agreement, lump sum. ot any other method that is mutually agreeable.
Services provided by venou. consultants very nearly as much as do the consultants
themselves. Basic engineering -.rviCes may be limited to structural, mechanical , or electrical
calculations providing only mir*num rough sketches . This arrangement requires that the
employer of the consultant does ell of the finished drafting and other detailing. Probably a more
satisfactory agreement • one in which the consultant provides iinished drawings as well as
presentation calculations~ proper specifications section . With this type of agreement, there
must be good cooperation betw-• the two parties in order to assure that the drawings are on
the same type sheets. tt.I..,.Ofications are provided with proper typing, section indicators,
and on the same type n 11 s.

RESPONSIBIUTY
The architect normalty cillecdw ~.s his own consultants, in which case he also assumed
major responsibility tor their work as his own. In some ·cases , various consultants are engaged
by the owner and direc18d to woltt with the architect, and vice versa . This condition leads to
some confusion and ~-difficulty. Most of the time the owner e!Tiployed consultant
is not a structural. mect•liclll. or electrical engineer doing a major portion of the object work.
The consultant is more ofMn.,. ~tor, researcher, or advisor who makes surveys regard-
ing srte, placement, tnffic .,...••• or other feasibility-type requirements. In connection with
industrial projects, the"*'•·• c:anaJitant maybe the plant engineer who may be a great help
to the E/E unless he tries 1D becoiM .,_designer of the project. With this type of consultant the
responsibility must be deerty dilfill8d as some ideas or recommendations of the consultant may
not mesh wlth the overall-- of the AlE.
The project development is • e-n effort requiring the best talent within the least time. Many
offices feel that their own sqft' ia fuly capable of doing all of the work required, and perhaps
they may be - but can they do • good a job in the same time or less than the expert specializ-

271
ed consultant? It's doubtful the architect's office must be aware of the capabilities of both iU
own staff and the consultants and must cooperate fully to benefit by the employment of out-
side assistance.
In the smaller office, there is usually a shortage of time for the few employees to do all of the ar-
chitectural, structural, mechanical, and eletrical work involved in producing a pro}ect, even if
they had the capabilities. In the larger office, the tendency to have specialists, or at least those
specifically . assigned certain portions of a project, is greater. With the increase in types of
materials, methods of installation, environmental qualifications, code requirements, and the
hundreds of other factors, it may be expected that we will continue to require more and more
specialist or consultants.

DIFFERENT TYPES OF CONSULTANTS

1. STRUCTURAL CONSULTANTS
Structural consultants to an architect are most always registered civil or structural
engineers. Their training and experience have been slanted toward calculating re-
quirements for size and strength of beams, columns, footings, walls, etc. In some areas
where earthquakes occur, structural engineers also will do all seismic calculations for the
proposed project. The same general arrangement holds for areas where huiTicanes, tor-
nadoes, or cyclones and prevalent. The engineer also generally has a staff of draftsmen
who are capable of providing working drawings for the structural work. Few engineer's
offices however ere staffed to provide properly organized structure! specifications. This is
en unfortunate situation which may be the end result of inadequate instruction, or none at
ell, in the education of the engineer. When the agreement for services only includes rough
sketches from the engineer, they may or may not be provtded to scale and usually are on
various types of paper and not very coordinated. The architect then needs to arrange
these sketches in proper order, affix designators, coordinate them with his other draw-
ings. and of course provide specifications from the engineer's notes. Calculations are nor-
mally provided on sheets that may be duplicated and passed on to building review depart·
ments.
When the structural engineer is required to provide the working structural drawings, there
Is an additional burden on the architect to supply information materials. Initially the ar-
chitect must supply "dummies" of the floor plans upon which the structural columns and
beams wit! indicated. In some cases only the standard bordered sheets are supplied and
the engineer makes the " dummies" from a line print supplied by the Architect. Along with
the other drawings the engineer usually provides standard details in several forms. Quite
often these standards are assembled on a single sheet and may be repeated over and over
on different projects. Structural sections of the construction, special details, and copious
notes relating to the strength of the materials are a part of the structural drawings.
The engineer is a\ao responsible for providing the calcutations by which the structural
members are designed. Each portion of the building must be proper-designed to meet the
building codes and the total structure must be designed for eanhquakes, hurricanes, and
other acts of God. These calculations must be in producible form in order to make copies
for the building department review, as well as review by the architect. The specifications
may or may not be developed by the engineer. The format for the specifications is
established by the architect. The architect also detefm\ned the proper section numbers for
the structural sections of the specifications. The actual information, the words and
phrases, may be types in the engineers office and incorporated into the final specifications
by the architect's specifications writer, or the engineer may supply adequate notes and
the actual writing is done In the office of the architect. The latter is perhaps more satisfac-
tory as tha architectural specifications writer can separate structural concrete from
miscellaneous concrete (walks, gutters, fence foundations, machinery bases} and

272
perhaps structural stee! from ornamental metals. Uniformity of appearance and
paragraphing is easier also since the same team of writer and typist work together.

2. MECHANICAL - ELECTRICAL CONSULT ANTS


Consultants for mechanical work and electrical work may be from separate offices or may
be from one office which has facilities to perform both. Before we go further let's be sure
or what we mean by mechanical. This term usually includes plumbing work, heating
systems, ventilating air conditioning, and perhaps some more specialized phases such as
special piping, solar systems, or even nuclear work. Any of these must be designed
specifically for the project and requires a thorough knowledge of the requirements as well
as a thorough knowledge of materials available, codes, and the project area temperatures,
rainfall, solar conditions, etc. The electrical consultant must have approximately the same
qualifications, oriented toward electrical work, of course. He knows the utility company
rules and the local conditions. as well as suppliers and electrical contractors.
The same requirements for drawings, calculations and specifications holds for mechanical
or electrical consultants. However, education and experience here seem to favor the
engineer's personnel. For the most part, architectural people are not trained adequately in
mechanical or electrical working drawings and probably would normally not be able to
properly transfer rough diagrams, often partially indicated, to finished working drawings.
A pipe or wire shown incorrectly connected may give some interesting results . Specifica-
tions written for mechanical or electrical work also are different. Since these installations
operate a system most engineers write their project specifications as a system rather than
as separate materials ptus installations. To do this they must be familiar with the assumed
operation oftheir systems. something the average architect doesn't know about.

3. COST ESTIMATING
If the project cannot be built ~ithin the budget, the designer is in trouble . One of the
methods to avoid this trouble is to do cost-estimat~ng before the project goes to the con-
tractor for a bid. Only larger offices normally have in-house cost estimators so consultants
are regularly used. These consultants often do work for contractors as well. so are familiar
with material and labor costs. Cost estimates are quite often provided at the preliminary
stage, partway through the working document stage, and a final estimate is made just
prior to the distribution of documents. The competent consultant can give a reasonable
estimate even at the preliminary stage since his experience allows him a very good idea of
the amount of reinforcement required in concrete work, average in-place costs for various
items, and the going rate for labor and profit. When drawings are more complete, the
estimator of course, can make an accurate quantity take-off and p1'lce estimate.
Close cooperation is as necessary with this consultant as it is with any other. A change in
size, or quality usually means a change in costs. Adequate drawings, including structural,
mechanical, and electrical are required . In some cases the cost estimates for mechanica l-
electrical work may be provided by the engineer consultants "who have designed that
work. When this happens, the cost consultant needs this Information to incorporate into
his work. Estimates are usually provided for the architect as a series of pages of calcula-
tions w ith a final recap . There is no reason for this information to be duplicated, but it
should be provided in a form intelligible to the architect. A review with the estimator.
should be a part of the agreement.

4. HARDWARE CONSULTANT

The specification of the finishing hardware is as specialized as moat any other part of a
projeet. Finishing hardware includes all of the locks, latches, butts, hinges, pulls, closers,
stops and other metal, wood, plastic, or combinations of materials and products that are

273
necessary to operate doors, windows, and cabinet work. tn some cases the additional
items of medicine cabinets, toilet and bath accessories, or specialized hardwares are also
included. While not often registered or licensed, hardware consultants most generally are
certified members of the American Society of Architectural Hardware Consultants. This
society has a training and certificate program which qualifies its members to specify
almost every type of finishing hardware that may be required. These consultants know
the code requirements for openings of all types and may eliminate costly errors of all types
and may eliminate costly errors or omissions. In many cases these consultants are
employed by a hardware supplier or manufacturer and provide free services. In other in·
stances the consultant is free lance, and works for a free similar to other consultants.
One of the often-voiced objections to the use of an employee of a hardware distributor or
manufacturer is that this sets up a closed specification in favor of the brands carried by
the employer. There may be some slight advantage to the consultant's firm but this is real·
ly not as great as it might seem since each consultant firm but this is really not as great as
it might seem since each consultant is thoroughly familiar with the products and stock
numbers of his competitors. The use of a definite series of identifications or brand is the
easiest and the best way to small out requirements, and is readily transposed by other
hardware consultants consist of a review of the drawings and the provision of a typed
listing of hardware required. Final inclusions in the list, together with other specifications
information, are the responsibility of the architect.

6. SPECIFICATIONS CONSULTANT
The specifications consultant is a relatively new addition to the list of specialists. In the
early days of architecture and construction a small variety of well-known materials and
methods of installation were in common use. Todey the variety of materials reaches into
the hundreds of thousands and the architect simply cannot keep up with all of them in ad·
dition to his other work. The specifications consultants, by virtue of his specialization, is
able to know more about the qualities of materials, advantages·, or disadvantages of use,
availability, and some idea of cost. By working from the architect's drawings and atten-
ding conferences, he is able to develop a better specifications. In large offices the normal
specifications writing force may become overloaded and can be assisted by a freelance
"spec" writer. In many cases this consultant is employed as a researcher or materials for
certain uses and does little or no writing other than material reports.

6. LANDSCAPE ARCHITECTS
The landscape architect.is another specialist that may be retaineo as a consultant by the
architect. In a few cases, the normal situation, the landscape architect is usually the con-
sultant and provides drawings and specification for his specialty. Arrangements for this
work should include all of the requirements discussed earlier. Layout for planting locations
may be provided in sketch for final inclusion by the architect or may be completed· by the
landscape architect. Specification, specially when they include the botanical names of the
plants are perhaps best produced by the landscape architect is the fact that he knows, or
certainly should know, exactly which plants grow best and provide the best appearance
for a given location. Some exotic varieties_of plants look good initially, but are not com-
J)Itlbte with the soil or climate.

7. SPECIALIZED CONSULTANTS
Sooner or later. nearly every office has a project which includes a condition or installation
almost completely foreign to the general practice. Special requirements for food service,
cooking, serving; storage, or handling, may require the expertise of a consultant who
knows food handling methods and the equipment required. Transportation or conveying
equipment is rather commonly used in industrial and manufacturing plants and usually re·

274
quires a consultant familiar with this type of equipment. Water proofing, acoustics and
lighting are two very common specialized fields in connection with theatres, TV installa-
tions, and similar projects, and most often require a consultant's service. There are many
others that we could consider (surveyors, finance people, insurance consultants, fire con·
trollers, video-audio experts) who may be necessary when the project is too complicated
or the in-house force may have to spend too much research and development time to be
economical.

8. ARCHITECT CONSULT ANT


Up to now in this chapter, the consultant has not been the architect. This Is becoming less
true as the construction business rapidly changes. In a number of cases there may be a
construction management identity employed by the owner to provide all required services
from purchase of land to completion of construction. Another process is the employment
of a general contractor who contracts for all of the design and construction· a "turn-key"
job. In either of these cases, the architect may be employed as the consultant and provide
his specialty, design, working drawings, and specifications to the construction manager
or contractor. As noted in another chapter of this book, the architect may act as consul-
tant to an engineer who may, under other circumstances, be consultant to the architect. If
this seems a little confusing let's consider a situation where a mechanical engineer is com-
missioned to redesign a power plant or refinery. The major portion of the work will be pip-
ing and machinery, but there may be some changes of floor plan, exterior elevations,
finishes, and other more architectural items. In case of this kind, the architect may easily
be the consultant.

REFERENCES AND SAMPlES


Even the smallest office must at some time or, other rely upon books, catalogs, magazines, or
some other form of reference material. Seldom does an office become so specialized that
similar projects are worked on without some changes, hopefully changes for the better.
Reference material appears and may be retained in many forms. but information sources for ar-
chitectural offices may be categorized into the following major groups; architectural or
construction-type magazines, manufacturers or materials catalogs, codes of various kinds,
association "how-to·do·it" manuals, and reference texts.
Each of these references sources should be readily available to all members of the office staff
but the factor of filing and retrieval is one of utmost importance. In the very small or one-man
office, the problem may not be very acute but as the office force grows, so does the difficulty
of proper filing and accessibility of reference material. In the small office, storage may be a
relatively easy matter accomplished by the use of bookcase located at ends of drafting tables or
.at the side or behind the draftsman. With an increase of office personnel, the probability that
reference material will be misfiled and therefore lost is apparent. With an office of ten or more
this often becomes a major problem. At this point it becomes almost imperative that the office
organize a library.

1 . THE LIBRARY
Libraries are varied in size, operation, and personnel required. One of the most simple
organiz~tional methods is to use the sixteen divisions, all materials related to the same
general subject may be filed together. A major problem arises, however, in how to place
individual pieces of informational material within each major division. Two ways present
themsE\Ives: to file alphabetically within the.divia.ion, or to file by subtitle of the division
title. In the first case, it means that libra(y users must have some general knowledge of the
scope of the division and may have to look at several pieces of ·reference. In the second
case, it means that some catalogs may have to be dismembered in order to separate
various related subsections. In many cases the first condition serves best for bound or

.275
loose-leaf catalogs installed on shelving, while the second condition may be used for file-
drawer systems where catalogs are single sheets or small booklets.
A librarian may be employed to oversee the library operation. Since for office employees
will know the exact information source they need when they can come to tne library, it is
recommendend that they be allowed to inspect the material much as in public library
stacks section. once a selection has been made, the material should be checked-out to the
individual by the librarian, using standard library-type cards or by notations in a book kept
by the librarian . Retrieval is a bit more difficult. By retrieval we must include all phases
necessary to return the information material to its proper place on the shelf or in the file.
The librarian alone should do this! A box or basket at the librarian's station should receive
all returned material. If it has been properly marked originally for division etc., the librarian
should have little or no trouble in replacing it properly. A book or catalog replaced on a
wrong shelf, or in a wrong division, by an office member is a lost reference until acciden-
tally found at some later date. Reference information in a lost category is of no value to the
office and simply takes up valuable space.
All shelf-fited catalogs of books should have a readable division number fixed to their ex-
posed bound edge. Self-adhesive plastic strip numbers in contrasting color will do the job
but some individual offices may find that the figures are a bit small tor easy reading. For
larger size figures it may be wise to consider contact pressure-transfer types which can be
purchased in sizes up to several inches high. A disadvantage w ith either of these is the
possibility that darker plastic strips or black transfer letters may not show up well on dark
bindings. In this case, it may be necessary or desirable to provide a white or light-colored
gummed label first , with t he identification applied to it.
Quite often It is necessary to provide binders for loose material or that information which
is separated from a larger cat alog . This brings up a real problem since there usually are a
number of different types of different manufacturers that will be represented in the ac-
cumulated collection . The binder may be a post-type or ring-type, but the latter is more
adaptable to changes that need to be made. Each binder needs a table of contents and
some identifying tag on the exposed edge of the binder, indicating the manufacturers con-
tained therein.
Another method for quick identification of filing divisions is the use of separators between
divisions. These may be made of fiberboard or similar material and should prominently
display the division number, possibly the adjacent numbers on opposite faces, and
perhaps the tiles of the divisions . To also help,it may be desirable to apply labels of some
replaceable material on the edges of the shelves. Another time saver in the hunt for a pro-
per catalog is the prominent display of the Uniform System or other filing system.

2. CABINET - DRAWER FILING


All literature saved for reference will not be supplied in hard-backed binders for shelf
storage. Many manufacturers with good products, but limited in number, will have
catalogs of only a few pages, usually unbound. Again these should be f iled using the six·
teen Divisions of the Uniform System w ith possible subdivisions or sections. If the offices
uses a master · system for writing specifications, the identifications used for each
specification section will serve ideally for establishing subdivisions or sections. If no
master system is used, it is suggested that the five-digit separation of the Uniform System
be used. In either case, the small catalog or single sheets should be properly identified
with division and section number for easy refiling.
Standard vertical cabinets with pull-out drawers are used in most offices and provide con-
siderable storage space with minimum f loor space at the line. Five~drawer-high cabinets
have the disadvantage that the top drawer may be too high to provide easy visibility or ac-
cess to its contents. Some offices have used side-opening file cabinets where the entire

276
length of the file is exposed when the side is opened. This type allows more free access to
the frames and metaledge folders. Each office will have a preference but in the process of
establishing a workable system they should not overlook methods with which they have
not been familiar before.

3. GENERAL SAMPLES
Every office and uses samples of materials of construction. When the number is few they
may be easily located on a desk, in a bookcase, in a box, or even in a small ~ile in the
"back room". If the office customarily uses the same materials over and over, minimum
labeling is required to keep track of various items. In many cases small samples of ceramic
tile, resilient flooring, and similars are boxed by the manufacturer so labels are not
necessary. As the office business and personnel grow , so do the number of different
samples. When the products of one producer were adequate for a smaller project, now a
number of-similar or equal products may need to be considered. No longer can samples be
piled on the desk or in a box for one project. Comparison is required for other materials for
other projects and a system must be devised.
Again, call the Divisions of the Uniform System into play . Provide boxes, bins, or some
other convenient containers for each product or similar products. Into the same box file all
samples of resilient flooring for example. If there are too samples divide them into similar
categories, i.e., asphalt tile, vinyl, cork, rubber. etc. Boxes should be sturdy and not too
large to be difficult to handle when loaded. Upon the exposed end or side, put a large divi-
sion number and a list of the contents by material and supplier. Label each box, carton, or
individual samp le contained in the file box, with division number , manufacturer ' s
representative might also be inscribed to make communications with him more rapid if
needed.
Sizes of individual samples sometimes pose a problem. Full size ceramic tile samples may
be 1 % x 4 ~, or miniature (about 1 ~ x 1 ~) depending on the manufacturer's choice.
Most other samples may originally be larger, and consequently harder to store. A good
size for almost any sample is 6" x 6". Pesilient flooring (usually 9" or 12" square),
acoustical material (usually 12" sq. or larger). and many other materials supplied in stand-
ard sizes should be cut down to fit the storage module. It is obvious that full-size samples
of doors, windows, skylights, and similar products cannot be expected to be properly
stored. A 6" x 6" comer sample will usually indicate all of the construction adequately.
Bricks, stone, structural steel shapes, roofing, generally may be treated in like manner.
When a larger sample is required it is normally for a particular project and is not a general
office sample. Label each sample properly before storing it in the correct box or bin .

4. PROJECT SAMPLES
Project samples are acquired and used for one particular project and may be discarded
after the project is completed or may be stored in the general sample file. Selection of pro-
posed materials is generatly made from general samples but the actual· color, pattern, or
other feature may be slightly different for project installation. These variations come
about due to batch differences, changes in manufacturing techniques, natural changes in
stone or wood, dropped patterns of colors, and other processing problems. Samples may
be most any size, especiaaly those that are token or small general samples. Upon receipt of
project samples, they should be checked for proper labeling. Labels describing the
material, project identification, supplier, and other data are usually affixed by the provider
of the sample, and project samples are customarily supplied in from two to six or eight
identical units. While only one sampie unit may be retained by the office project manager,
the others are needed for me genera) contractor, hia field superintendent, subcontractor,
materia