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Update on the

Revised IRR of
National Building
Code
Angel L. Lazaro III, Ph.D.
Chairman, Board of Civil Engineering
Professional Regulation Commission

c
rhort History
ƥ The National Building Code, Presidential
Decree 1096, was approved in the 1970ƞs
ƥ PD 1096 has not been amended
ƥ PD 1096 calls for the issuance by the
recretary of the DPWH of Implementing
Rules and Regulations (IRR)
ƥ The current IRR is composed of DPWH
Orders issued through the years
ƥ For the past few years, the DPWH has
been preparing a consolidated revised IRR

rhort History
ƥ The DPWH formed a Board of Consultants
(BOC) composed of various stakeholders
to prepare a draft of the Revised IRR
ƥ The BOC included representatives from
Accredited Professional Organizations,
including PICE, UAP, PrrE, etc.
ƥ After the BOC submitted their draft, the
final version of the Revised IRR was
prepared by the DPWH National Building
Code Review Committee

DPWH National Building Code
Review Committee
ƥ Chairman: Raul C. Asis, @   ,
, Assistant
recretary
ƥ Members:
ƛ Antonio V. Molano, Jr., @   ,
, Director IV, Bureau of
Research and rtandards
ƛ Nestor V. Agustin, @   ,
, Director IV, PMO-
PMO-rpecial
Buildings
ƛ Gilberto r. Reyes, @   ,
, OIC, Director IV, Bureau of
Design
ƛ Walter R. Ocampo, @   ,
, Director III, Bureau of
Construction
ƛ Camilo G. Foronda, Lawyer, Director III, Legal rervice
ƛ Emmanuel P. Cuntapay, Architect V, Bureau of Design
±
rhort History
ƥ The Revised IRR contains Technical
Provisions (Types of Construction, Fire
Requirements, Classification and General
Requirements, Light and Ventilation,
ranitation, Building Projections, etc.)
ƥ The Revised IRR also includes Administrative
Provisions (Administration and Enforcement,
Permits and Inspection, etc.)
ƥ Technical Provisions are alright, but
Administrative Provisions are problematic
*
Issues Resulting from Revised
IRR
ƥ Who is the Registered Professional
Authorized to Prepare, rign and real
Building Plans (Civil Engineer or
Architect)?
ƥ Which is the Proper Body that Appoints
Building Officials (City/Municipal Mayors or
DPWH recretary)?

þ
Who is the Registered
Professional Authorized to
Prepare, rign and real
Building Designs, Plans and
rpecifications (Civil
Engineer or Architect)?

Ä
Revised IRR Violates RA 544
(The Civil Engineering Law)
ƥ Certain Administrative Provisions of the
Revised IRR violate Republic Act 544 (The
Civil Engineering Law)
ƥ rpecifically, the Revised IRR violates
rections 2 and 23 of Republic Act 544
ƥ The Revised IRR will prevent licensed Civil
Engineers from practicing Civil Engineering


How Does the Revised IRR prevent Civil
Engineers from Practicing Civil Engineering?
ƥ Original IRR
ƛ rection 302 of P.D. 1096 and rection 3.2 of Ministry Order 57
(Original IRR) requires the submittal to the Building Official of
five (5) sets of plans and specifications prepared, signed and
sealed by a duly licensed |
        | 
|
 ||  || 
ƥ Revised IRR
ƛ rection 302.3 of Revised IRR requires the submittal to the
Building Official of five (5) sets of plans, specifications and
documents prepared, signed and sealed over the printed name
of the duly licensed and registered professionals:
ƥ 
   |   |
 |  ; in case of
architectural interior/interior design documents, either an architect
or interior designer may sign;
ƥ @      |      |  ;
ƛ Therefore, the definitions of ƠArchitectural Documentsơ (rection
302.4) and ƠCivil/rtructural Documentsơ (rection 302.5) are very
important
¢
Definition of ƠArchitectural Documentsơ in the
Revised IRR (rection 302.4)
ƥ Architectural Plans/Drawings
ƛ Vicinity Map/Location Plan
ƛ rite Development Plan
ƛ Perspective
ƛ Floor Plans
ƛ Elevations
ƛ rections
ƛ Reflected Ceiling Plan
ƛ Details, in the form of plans, elevations/sections
ƛ rchedule of Doors and Windows
ƛ rchedule of Finishes
ƛ Details of other major architectural elements
ƥ Architectural Interiors/Interior Design
ƥ Plans and rpecific Locations of Accessibility Facilities
ƥ Fire rafety Documents
ƥ Other Related Documents
c
Definition of Civil/rtructural
Documents in the Revised IRR
(rection 302.5)

ƥ rite Development Plan


ƥ rtructural Plans
ƥ rtructural Analysis and Design
ƥ Boring and Load Tests
ƥ reismic Analysis
ƥ Other related documents
cc
Revised IRR will Prevent Civil
Engineers from Preparing, rigning
and realing Building Plans
ƥ Revised IRR is correct in identifying the
documents listed in rection 302.4 of the Revised
IRR as ƠArchitectural Documentsơ
ƥ Revised IRR will give the exclusive right to
Architects to prepare, sign and seal designs,
plans and specifications enumerated in rection
302.4 as Architectural Documents

c
Revised IRR will Prevent Civil
Engineers from Preparing, rigning
and realing Building Plans
ƥ Revised IRR will limit Civil Engineers to
preparing, signing and sealing designs, plans
and specifications enumerated in rection 302.5
as ƠCivil Engineering/rtructural Documentsơ
ƥ Revised IRR will make it impossible to obtain
Building Permits for buildings whose designs,
plans and specifications are prepared, signed
and sealed by Civil Engineers

c
Understanding RA 544

ƥ rections 2 and 23 of Republic Act No. 544


(The Civil Engineering Law) clearly include
the preparation, signing and sealing of
designs, plans and specifications of
buildings in the scope of practice of Civil
Engineering


rection 2 of RA 544 Includes Preparation,
rigning and realing of Building Plans and
rpecifications in rcope of Civil Engineering
ƥ rection 2, RA 544 ƛ ƠThe practice of civil
engineering within the meaning and intent of this
Act shall embrace services in the form of
consultation,  , ||  | 
  |  , estimates, erection, installation
and supervision of construction  streets, bridges,
highways, railroads, airports and hangars,
portworks, canals, river and shore improvements,
lighthouses, and dry docks;    , fixed
structures for irrigation, flood protection, drainage,
water supply and sewerage works, demolition of
permanent structures, and tunnels.ơ
c*
rection 2 of RA 544 Includes Preparation, rigning
and realing of Building Plans and rpecifications in
rcope of Civil Engineering
ƥ Civil Engineering rervices ƥ Civil Engineering rtructures
ƛ Consultation ƛ rtreets
ƛ j  ƛ Bridges
ƛ Highways
ƛ ||   ƛ Railroads
| ƛ Airports and Hangars
ƛ ||   ƛ Portworks
  |  ƛ Canals
ƛ Preparation of Estimates ƛ River and rhore Improvements
ƛ Erection ƛ Lighthouses
ƛ Installation ƛ Drydocks
ƛ rupervision of Construction ƛ   
ƛ Demolition of Permanent ƛ Fixed rtructures for
rtructures ƥ Irrigation
ƥ Flood Protection
ƥ Drainage
ƥ Water rupply
ƥ rewerage Works
ƛ Tunnels cþ
rection 23 of RA 544 Allows Civil Engineers
to Prepare, rign and real Building
Designs, Plans and rpecifications
ƥ rection 23, RA 544 ƛ Ơ 
|| for any
person   or otherwise cause
    
     | |  |    or
structure 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  

  | |   |  of the
same
| | under the responsible
charge of, and | ||
    , and unless the
construction, reconstruction and/or alteration thereof are
executed under the responsible charge and direct
supervision of a Civil Engineer.ơ

Principle of Overlap Among
Professions
ƥ Doctors, Midwives, Nurses, Dentists, Nutritionists
and Dietitians, Optometrists
ƥ Lawyers, Accountants, Criminologists, Customs
Brokers
ƥ Mechanical Engineers, Electrical Engineers,
Electronics and Communications Engineers
ƥ Architects, Interior Designers, Landscape
Architects
ƥ Civil Engineers, Architects, ranitary Engineers,
Geodetic Engineers, Master Plumbers,
Agricultural Engineers, Environmental Planners
ƥ Many Others

Overlap Among Professions
(rome Examples)
ƥ The act of delivering a baby could
constitute the practice of medicine,
midwifery or nursing, depending on which
professional carries out the delivery
ƥ The act of preparing an opinion on a
question of tax law could constitute the
practice of law or accounting, depending
on which professional is the author of the
opinion or document

Overlap Among Professions
(rome Examples)
ƥ The act of preparing designs, plans and
specifications for the interior of a building
could constitute the practice of
architecture or interior design, depending
on which professional prepared the
documents
ƥ The act of preparing designs, plans and
specifications for a building could
constitute the practice of architecture or
civil engineering, depending on which
professional prepared the documents 
Revised IRR Recognizes Principle of
Overlap of Professions in Case of
Architecture and Interior Design
ƥ rection 302.3 of Revised IRR requires the
submittal to the Building Official of five (5) sets
of plans, specifications and documents prepared,
signed and sealed over the printed name of the
duly licensed and registered professionals:
ƛ Architect, in case of architectural documents;  | 
|
 |       
  
||
     
 | ; ;

c
Revised IRR rhould Also Recognize
Overlap of Professions in Case of
Civil Engineering and Architecture
ƥ Invoking the principle of Overlap among
Professions, the documents enumerated in
rection 302.4 are ƠBuilding Documentsơ and not
generically ƠArchitectural Documentsơ
ƥ The documents enumerated in rection 302.4 are
ƠArchitectural Documentsơ only if prepared,
signed and sealed by an Architect
ƥ The documents enumerated in rection 302.4 are
ƠCivil Engineering Documentsơ if they are
prepared, signed and sealed by a Civil Engineer

Correct List of Civil Engineering Documents
ƥ rection 302.5 ƛ Civil Engineering Documents
ƛ Vicinity Map/Location Plan
ƛ   |
ƥ Perspective
ƥ Floor Plans
ƥ Elevations
ƥ rections
ƥ Reflected Ceiling Plan
ƥ Details, in the form of plans, elevations/sections
ƥ rchedule of Doors and Windows
ƥ rchedule of Finishes
ƥ rtructural Plans
ƛ rite Development Plan
ƛ rtructural Analysis and Design
ƛ Boring and Load Tests
ƛ reismic Analysis
ƛ Other related documents

Preparation, rigning and realing of Building
Plans are Part and Have Always been Part of
the Practice of Civil Engineering
ƥ Civil Engineers have been preparing, signing and
sealing building plans not only for the past 50
years (RA 544) but for thousands of years even
before the professions or Architecture and Civil
Engineering were regulated
ƥ The preparation, signing and sealing of building
plans are part of the practice of Civil Engineering
by law, history and tradition
ƥ This right of Civil Engineers to prepare, sign and
seal building plans has never been legally
challenged, up to the present

Preparation, rigning and realing of Building
Plans are Part and Have Always been Part of
the Practice of Civil Engineering

ƥ The purpose of regulatory laws is to protect the


public and not any particular profession
ƥ There has never been any case filed or legal
judgment rendered that this practice of Civil
Engineers has had any adverse effect to any
person or has been harmful to public welfare
ƥ The only parties affected by this practice are
Architects who are forced to compete with Civil
Engineers in the open market

*
Injunction was Needed
ƥ P.D. 1096 provides that Implementing Rules and
Regulations shall be formulated by the DPWH
recretary
ƥ Then DPWH recretary roriquez, a Civil Engineer,
has signed the revised IRR
ƥ P.D. 1096 provides that the IRR shall take effect
15 days after their publication once a week for
three consecutive weeks in a newspaper of
general circulation
ƥ The Revised IRR was published in the Manila
rtandard on April 1, 8 and 15, 2005

Injunction was Needed
ƥ Without an injunction, the IRR would have been
in effect on April 30, 2005
ƥ During the last week of April, 2005, the PICE
and the PrrE requested the DPWH recretary to
defer the implementation of the Revised IRR, to
avoid a legal confrontation
ƥ In reply, DPWH informed the PICE and PrrE
that the recretary does not have the authority
to defer implementation of the Revised IRR
ƥ In fact, during that meeting, the PICE and PrrE
were advised to file for an injunction
ƥ Therefore, PICE and PrrE had no choice but to
file for an injunction

PICE has obtained Preliminary
Injunction from Manila RTC
ƥ PICE obtained 72 hour Temporary Restraining
Order (TRO) against implementation of Revised
IRR during the first week of May, 2005
ƥ PICE obtained 20-
20-day TRO during the second week
of May, 2005
ƥ PICE obtained Preliminary Injunction May 24, 2005
ƥ The Preliminary Injunction has no expiry date
which means that implementation of the Revised
IRR is suspended until the issues raised by PICE
are resolved
ƥ PrrE also obtained its own Preliminary Injunction

Preliminary Injunction Recognizes Issue
Raised by PICE
ƥ Dispositive paragraph of the Preliminary Injunction:
Both the petitioner and respondent are one that  | 
  
 
  |
 
 ||
   because these rights are property rights. It is not
disputed that prior to the issuance of the questioned IRR,
petitioners, as civil engineers, were exercising the subject rights
pursuant to R.A. 544 and P.D. 1096 as well as Ministry Order 57
which the subject IRR would now remove from them.   |
|  
| 
   |  


| 
   
 | 
     
||
| 
    
|    
 
 .. Wherefore, the application is granted, and a
writ of preliminary injunction issue, enjoining the herein
defendant, his agents, representatives and/or assigns from
implementing and carrying out the questioned provisions of the
subject.


Implementing the National Building Code
ƥ The Preliminary Injunction obtained by the PICE
covers the sections involving the preparation,
signing and sealing of ƠBuilding/Architectural
Plans.
ƥ Therefore, Building Officials have to accept
ƠBuilding/Architectural Plansơ prepared, signed
and sealed by either an Architect or Civil
Engineer, as provided in the Original IRR:
ƛ rection 302 of P.D. 1096 and rection 3.2 of Ministry
Order 57 (Original IRR) requires the submittal to the
Building Official of five (5) sets of plans and
specifications prepared, signed and sealed by a duly
licensed |
        |  
|
 ||  || 

Implementing the National Building Code
ƥ rections of the National Building Code not
affected by the PICE and PrrE Injunctions are
implementable
ƥ rection 201 of the Revised IRR vests the
administration and enforcement of the National
Building Code in the DPWH recretary
ƥ rection 203(6) of the Revised IRR empowers the
DPWH recretary to appoint Building Officials
ƥ If a Civil Engineer cannot prepare, sign and seal
Building Plans, he is technically less qualified to
be a Building Official than an Architect
ƥ rection 202 of the Revised IRR names the
National Building Code Development Office
(NCBDO) as the technical staff of the DPWH
recretary c
Implementing the National Building
Code
ƥ The DPWH recretary has appointed an architect
(Emmanuel Cuntapay) as Executive Director of
the NCBDO
ƥ The Executive Director of the NCBDO screens
and recommends prospective Building Officials
to the DPWH recretary
ƥ Architect Cuntapay is on record as favoring the
appointment of Architects as Building Officials
ƥ Architect Cuntapay is on record that the
preparation, signing and sealing of Building/
Architectural Plans is exclusive to Architects

DPWH Answer to Preliminary
Injunction
ƥ DPWH, through the rolicitor General, submitted
its answer on June 17, 2005
ƥ DPWH states that rections 2 and 23 of RA 544
do not state in clear and unequivocal terms that
civil engineers can prepare, sign and seal
architectural documents
ƥ DPWH states that it is only under rection 302 of
PD 1096 and rection 3.2 of Ministry Order 57
that the right of civil engineers to prepare, sign
and seal architectural plans was recognized and
expressly granted

DPWH Answer to Preliminary
Injunction
ƥ DPWH states that rection 302 of PD 1096 and
rection 3.2 of Ministry Order 57
|
|   |  
,, the ƠArchitecture Act of 2004ơ

ƥ DPWH states that even if rections 2 and 23 of
RA 544 include the preparation of architectural
documents, said provisions have likewise been
| 


DPWH Answer to Preliminary
Injunction
ƥ DPWH states that  was approved on
March 17, 2004 while RA 544, PD 1096 and
Ministry Order 57 were approved in 1950, 1977
and 1978, respectively
ƥ DPWH argues that in case of irreconcilable
conflict between two laws, the later enactment
must prevail
ƥ DPWH argues that 
| | the
other laws as evidenced by rection 46 of RA
9266

*
DPWH Answer to Preliminary
Injunction
ƥ DPWH states that PD 1096 is a general law as it
deals with the practice of various professions,
while  is a special law because it deals
exclusively with the practice of architecture
ƥ DPWH argues that it is a finely-
finely-imbedded
principle that a special provision of law prevails
over a general one
ƥ DPWH argues that the Revised IRR did not
amend nor supplant the laws promulgated by
the legislature


DPWH Answer to Preliminary
Injunction
ƥ DPWH states that the Revised IRR is consistent
and in harmony with the pertinent provisions of

ƥ DPWH argues that it is erroneous to claim that
the Revised IRR is null and void because it gives
architects the exclusive right to prepare, sign
and seal architectural documents
ƥ DPWH argues that it is the legislature   
  which gives duly licensed architects
the exclusive right to prepare, sign and seal
architectural documents


DWPH Answer Relies on RA 9266

ƥ rections 20, 25 and 29 of RA 9266 has repealed


rection 302 of PD 1096 and rection 3.2 of
Ministry Order 57
ƥ RA 9266 has repealed rections 2 and 23 of RA
544
ƥ Revised IRR is consistent and in harmony with
the pertinent provisions of RA 9266
ƥ RA 9266 gives duly licensed architects the
exclusive right to prepare, sign and seal
architectural documents

Understanding RA 9266
ƥ rection 20. Ơreal, Issuance and Use of real. ƛ A
  |
 shall affix the seal
prescribed by the Board bearing the registrantƞs
name, registration number and the title
ƠArchitectơ on ||
 || 
|     |  and all other
contract documents prepared by or under his/her
direct supervision.ơ


Understanding RA 9266
ƥ rection 20(2) ƛ Ơ      

 
|       |
 |  , now or hereafter charged with
the enforcement of laws, ordinances or regulations
relating to the construction or alteration of
buildings,
||   | |
|
 ||     |  



| ||   
| 
|
    
 ;  ;
nor shall any payments be approved by any officer
for any work, the plans and specifications for
which have not been so prepared and signed and
sealed by the authorơ
±
Understanding RA 9266
ƥ rection 20(5) ƛ ƠAll |
 || 
  |  and |
 |
  relative to the construction of a
building
||
 || | 
 ||
 registered and licensed
under this Act together with his/her professional
identification number and the date of its
expirationơ

±c
Understanding RA 9266
ƥ rection 25 ƛ Ơ  
| practice
architecture in this country, or | 
| |
 ||    |  
  || | 
  
| |  |   located within the
boundaries of this country, or use the title
ƠArchitectơ, or display the word ƠArchitectơ
together with another word, or use any title, sign,
card, advertisement, or other devise to indicate
such person practices or offers to practice
architecture, or is an architect,   

 
|
|   
 ||
@  |    | | |
  |  | @|
@|ơơ
±
Understanding RA 9266
ƥ rection 29 ƛ ƠProhibition in the Practice of
Architecture and Penal Clause. ƛ  


||    | 
|
 in
 in the Philippines 
  
    and who are not holders
of temporary or special permits in accordance
with the provisions of this Act Ʀ
|  
 |  and charged in court by the
CommissionƦơ

±
Why DPWH Answer is Wrong

ƥ The DPWH presumes that the PICE case is


that civil engineers can prepare, sign and
seal ƠArchitectural Plans and Documentsơ
ƥ The PICE case is: @    

   
| @    


  |    |
|   | |
j  
±±
Why DPWH Answer is Wrong
ƥ That RA 9266 has repealed PD 1096 and
Ministry Order No. 57 is debatable
because of the legal principle that one law
does not repeal another if there is a way
of reconciling the laws concerned
ƥ Invoking the principle of Overlap of
Professions will reconcile the laws
ƥ Even if PD 1096 has been repealed, this is
immaterial because it is RA 544 (not PD
1096) that gives Civil Engineers the right
to prepare Building Plans
±*
Why DPWH Position is Wrong
ƥ RA 9266 has not repealed rections 2 and
23 of RA 544 because these sections do
not state that civil engineers can prepare,
sign and seal ƠArchitectural Plansơ
ƥ rections 2 and 23 of RA 544 state that
civil engineers can prepare, sign and seal
ƠBuilding Plansơ, not ƠArchitectural Plansơ
ƥ Therefore, there is no inconsistency with
RA 9266 and there is nothing to repeal
±þ
Why DPWH Answer is Wrong
ƥ rections 2 and 23 of RA 544 clearly states
that the preparation, signing and sealing
of ƠBuilding Plansơ are within the scope of
practice of civil engineering
ƥ Therefore, the PICE case hinges on the
proper interpretation of the term ƠBuilding
Plansơ
ƥ The term ƠBuilding Plansơ occur in both RA
544 and RA 544 (the old Architecture Law)
ƥ Therefore, prior to RA 9266 the term
ƠBuilding Plansơ in RA 545 included all
plans of buildings ±Ä
Why DPWH Answer is Wrong
ƥ Architects claim that the term ƠBuilding
Plansơ in RA 544 means Ơrtructural Plansơ
ƥ Why will the term ƠBuilding Plansơ mean all
plans of buildings when applied to
Architecture and something else when
applied to Civil Engineering
ƥ If ƠBuilding Plansơ mean Ơrtructural Plansơ,
why is that not what is stated?
ƥ Why have civil engineers have been
preparing, signing and sealing complete
ƠBuilding Plansơ for thousands of years,
without any legal challenge? ±
Why DPWH Answer is Wrong
ƥ The DPWH answer is totally dependent on
the premise that RA 9266 is the law
relevant to this case
ƥ This will only be true if the case is about
the practice of architecture
ƥ The PICE position it that this case is |  

|      |
 
|  |
 
ƥ Therefore,   | |

| ||  
±¢
RA 9266 Cannot Justify the Revised IRR
ƥ rection 43, RA 9266 ƛ ƠThis Act shall  
 be
be
construed to |   
|  
|
|  !  
ƛ RA 9266 does not affect the scope of practice of Civil
Engineering
ƥ rection 46 of RA 9266 - ƠRepublic Act No. 545, as
amended by Republic Act No. 1581, is hereby
repealed and all other laws, orders and regulations
or resolutions or part/s thereof inconsistent with
the provisions of this Act are hereby repealed or
modified accordinglyơ
ƛ No provision of RA 544 is inconsistent with RA 9266,
because RA 544 does not authorize civil engineers to
prepare, sign and seal architectural plans and
documents, and therefore
 
 |
*
DPWH Answer to Preliminary
Injunction (Part 2)
ƥ DPWH acknowledges that
  
 "  
    
  
||


 |     
  

||  


| 
  
  
|  
|  
ƥ DPWH cites the principle of Ơdura lex sed
lex (The law is harsh but the law is still
the law)
*c
DPWH Answer to Preliminary
Injunction (Part 2)
ƥ DPWH states that laws are adopted to make
sure that the plans specifications and other
documents to be submitted for the issuance of a
building permit are prepared, signed and sealed
by     | 
  

"     |
#  
|   ||  

|
  | |

*
Architects Do Not have the Exclusive Right
to Prepare, rign and real Building Plans
ƥ Civil Engineers have prepared, signed and sealed
building plans for thousands of years, with
distinction
ƥ There has never been a legal challenge, much less
a decision, questioning this right of civil engineers
ƥ There has never been a single case, much less a
decision, that civil engineers are a threat to life,
health, property or public welfare
ƥ It is an insult to the civil engineering profession to
question the competence of civil engineers to
prepare, sign and seal building plans
ƥ It is an insult to the civil engineering profession to
accuse civil engineers of being threats to life,
health, property or public welfare
*
What Civil Engineers Must Do

ƥ Follow the following Guidelines in the


preparation, signing and sealing of
ƠBuilding Plansơ:
ƛ Label all building plans, specifications and
other documents ƠCivil Engineeringơ before
signing and sealing them
ƛ Place only the title ƠCivil Engineerơ (and
nothing else) under your name and signature
when signing plans, specifications and other
documents


What Civil Engineers Must Do
ƥ Continue preparing, signing and sealing
Civil Engineering (Building) plans
ƥ Never sign and seal architectural plans
ƥ Always sign as a Civil Engineer
ƥ Inform fellow Civil Engineers of PICE
position on revised IRR
ƥ Inform as many individuals and sectors of
PICE position

**
What Civil Engineers Must Do
ƥ Lobby with Local Government Officials,
National Agencies and other Government
Entities for the implementation of RA 544
ƥ Lobby with DPWH for the appointment of
a Civil Engineer as Executive Director of
the NBCDO
ƥ Monitor violations against the Preliminary
Injunction
ƥ Take appropriate action against such
violations
ƥ Inform PICE of such violations *þ
Conclusion
ƥ The right of Architects to prepare, sign and
seal ƠArchitectural Plansơ, as provided for in
RA 9266, should be recognized and respected
ƥ The right of Civil Engineers to prepare, sign
and seal ƠBuilding Plansơ, as provided for in
RA 544, should be recognized and respected
ƥ The Preliminary Injunction obtained by the
PICE should be respected and implementation
of rection 302 of the Revised IRR suspended

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


Powers and Functions of the
DPWH recretary
ƥ rection 203 of PD 1096 provides:
1. Formulate policies, plans, standards and guidelines on building
design, construction, use, occupancy and maintenance, in
accordance with this Code.
2. Issue and promulgate rules and regulations to implement the
provisions of this Code and ensure compliance with policies,
plans, standards and guidelines formulated under paragraph 1
of this section.
3. Evaluate, review, approve and/or take final action on changes
and/or amendments to existing Referral Codes as well as on
the incorporation of other referral codes which are not yet
expressly made part of this Code.
4. Prescribe and fix the amount of fees and other charges that
the Building Official shall collect in connection with the
performance of regulatory functions.


Powers and Functions of the
DPWH recretary
ƥ The power to appoint Building Officials is not
included in the generic powers of the DPWH
recretary.
ƥ rection 205 of PD 1096 indirectly addresses this
issue and provides:
ƠDue to the exigencies of the service, the recretary may
designate incumbent Public Works District Engineers, City
Engineers and Municipal Engineers to act as Building
Officials in their respective areas of jurisdiction.
The designation made by the recretary under this
rection shall continue until regular positions of Building
Official are provided or unless sooner terminated for
causes provided by law or decree.ơ
þ
Powers and Functions of the
DPWH recretary
ƥ The DPWH recretary does not have the power
to appoint Building Officials, and only has the
power to designate (ƠƦthe recretary may
designateƦơ)..
designateƦơ)
ƥ The DPWH recretary can designate a Building
Official only when there is an exigency in the
service (ƠDue to exigencies in the serviceƦơ).
serviceƦơ).
ƥ Therefore, the DPWH recretary cannot
designate a Building Official in case where a duly
appointed official is already acting as Building
Official because in this case there is no
ƠExigency in the serviceơ.
þc
Powers and Functions of the
DPWH recretary
ƥ The DPWH recretary may designate only certain
incumbent officials as Building Officials (ƠƦthe
recretary may designate Public Works District
Engineers, City Engineers and Municipal
Engineers to act as Building Officials in their
respective areas of jurisdictionơ).
ƥ All of the incumbent officials enumerated in PD
1096 are required by law to be Registered and
Licensed Civil Engineers, and therefore the
DPWH recretary may not designate a Building
Official who is not a Civil Engineer
þ
Powers and Functions of the
DPWH recretary
ƥ The designation by the DPWH recretary has a
limited duration (ƠThe designation made by the
recretary shall continue until regular positions of
Building Official are provided or unless
terminated for causes provided by law or
decreeơ).
ƥ Therefore, in cases where a Building Official has
been designated by the DPWH recretary, such
designation shall cease when a regular position
of Building Official is provided.

þ
Powers and Functions of the
DPWH recretary
ƥ rection 206 of Revised IRR Increased the
Powers and Functions of the DPWH recretary
from Four to rix:
1. Formulate policies, plans, standards and guidelines on building design, construction, use,
occupancy and maintenance, in accordance with this Code.
2. Issue and promulgate rules and regulations to implement the provisions of this Code and
ensure compliance with policies, plans, standards and guidelines formulated under
paragraph 1 of this section.
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4. Evaluate, review, approve and/or take final action on changes and/or amendments to
existing Referral Codes as well as on the incorporation of other referral codes which are
not yet expressly made part of this Code.
5. Prescribe and fix the amount of fees and other charges that the Building Official shall
collect in connection with the performance of regulatory functions.
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þ±
Powers and Functions of the
DPWH recretary
ƥ rection 203(6) directly contradicts the provisions
of PD 1096, wherein the DPWH recretaryƞs
powers do not include the appointment of
Building Officials but is limited only to the
designation of Building Officials, and only under
certain conditions.
ƥ The IRR cannot contain provisions not provided
for in the law it is implementing, and this is
therefore a case of Ơthe spring rising above its
sourceơ.

þ*
Powers and Functions of the
City/Municipal Mayor
ƥ rection 444(b)(1)(v) of RA 7160 (Local
Government Code of 1991) provides:
ƠThe Municipal Mayor shall exercise general
supervision and control over all programs, projects,
services, and activities of the municipal government
and in this connection shall appoint all officials and
employees whose salaries and wages are wholly or
mainly paid out of municipal funds and whose
appointments are not otherwise provided for in this
Code, as well as those he may be authorized by law
to appoint.ơ
ƥ rection 455(b)(1)(v) of RA 7160 contains a
similar provision applicable to Cities.
þþ
Powers and Functions of the
City/Municipal Mayor
ƥ rection 477 of RA 7160 further provides:
ƠNo person shall be appointed engineer unless he is
a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character,
and a licensed civil engineer. He must have acquired
experience in the practice of his profession for at
least five (5) years in the case of the provincial or city
engineer, and three (3) years in the case of the
municipal engineer.
The appointment of an engineer shall be mandatory
for the provincial, city and municipal governments.
The city and municipal engineer
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þÄ
Powers and Functions of the
City/Municipal Mayor
ƥ Provincial, City and Municipal engineers have to
be licensed Civil Engineers.
ƥ Power of City or Municipal Mayor to appoint
City/Municipal Engineers is clear and specific.
ƥ That City/Municipal Engineers shall act as
Building Officials is clear and specific.
ƥ What needs to be clarified is whether this
provision has the effect of providing Ơregular
positions of Building Officialsơ as envisioned in
rection 205 of PD 1096.
þ
rummary
ƥ PD 1096 contains no provision giving the DPWH
recretary the power to appoint Building Officials.
ƥ The DPWH recretary only has the power to
designate Building Officials.
ƥ The designation of Building Officials by the
DPWH recretary is conditional and has a limited
duration.
ƥ RA 7160 gives City/Municipal Mayors the power
to appoint City/Municipal Engineers who shall
act as Building Officials.
þ¢
rummary
ƥ If rection 477 of RA 7160 has the effect of
providing regular positions of Building Officials,
then the DPWH recretary does not have the
power to designate Building Officials in
Cities/Municipalities with duly appointed
City/Municipal Engineers.
ƥ In any case, the DPWH recretary does not have
the power to designate a Building Official in
cities/municipalities with duly appointed
City/Municipal Engineers because there is no
ƠExigency in the serviceơ.
Ä

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