CV No, 93917 19
STON
Koo ote ee kK
In any case, comparing Section 302(4) of the disputed
Revised NBC [RR (aforequoted) and Section 3.2.1 of MO No.57
(aforequoted), “architectural documents” appear to be the
following: 1) Location Plan; 2) Site Development Plan; 3) Floor’
Plans; 4) Mevations; 5) Sections; 6) Foundation plan; 7) Floor-
framing plan; 8) Roof-framing plan; 9) Details of footing/column;
10) Details of Structural members. From the foregoing, the Court
disecens that what are considered “architectural documents" by
the implementing rules and regulations of the National Building
Code are essentially various documents pertaining to the design
of a building or structure.
Now, the threshold question to be’ answered is can civil
engineers prepare plans and specifications pertaining to the
design of a building or structure and sign and seal the same?
The Court answers in the affirmative.
itis true that the same documents enumerated under Section
302(4) of the Revised NBC IRR are not mentioned either in the
Civil Fngincering Law or RA 544, However, RA 544 explicitlycA
RCV No. 93917
DECISION
soccer
20
provides that the practice of civil engineering includes the
designing of buildings.
Section 2 and 23 of RA 544 provides as follows:
"Scetion 2. Definition of terms. —- (a) The practice of
civil engineering within the meaning and intent of this Act
shali cmbrace services in the form of consultation, design,
preparation of plans, specifications, estimates, erection,
installation and supervision of the construction of streets,
bridges, highways, railroads,airports and hangars, portworks,
canals, river and shore improvements, lighthouses, and dry
docks; buildings, fixed structures for itigation, flood
protection, drainage, water supply and sewerage works;
demolition of permanent structures; and tunnels. The
enumeration of any work in this section shall not be
construed as excluding any other work requiring civil
engincering knowledge and application.
XXX XXX XXX,
See!
tion 23. Preparation of plans and supervision of
constuction by registered civil engineer. — [t shall be
unlaw/ul for any person to order or otherwise cause the
construction, reconstruction, or alteration of any building or
steneiuce intended for public gathering or assembly such as
theaters, cinematographs, stadia, churches or structures of like
nature, and any other engineering structures mentioned in
section two of this Act unless the designs, plans, and
specifications of same have been prepared under the
zesponsible charge of, and signed and sealed by a registered
civil engineer, and unless the construction, reconstruction and/
or alivration thereof are executed under the responsible charge
and direct supervision of a civil engineer. Plans and designs ofCA-GR. CV No, 93917 2
DECISION
structures must be approved as provided by law or ordinance
of acity or province or municipality where the said structure is
to be constructed." (emphasis and underscoring supplied)
Clear from the aforequoted sections of the Civil Engineering
Law is the express authority granted to civil engineers to render
rv)
s of designing as well as the preparation of plans and
specifications for various buildings.
Private respondents United Architects of the Philippines
(VAP) argue in their appeal brief that the term "building" as it is
being used in sections 2 and 23 of RA 544 should be interpreted to
mean that il is in some way connected with waterworks and that it
precludes buildings for residential purposes and those not
intended for public gathering. Thus, appelice UAP insists that the
express grant to civil engineers to prepare and sign documents is
limited to the aforementioned structures following the principle of
noscitur a sociis or associated words,
‘The Court does not agree.
it is a cardinal rule in statutory construction that in
interpreting, the meaning und scope of a term used in the law, a