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Republic of The Philippines Manila: Decision
Republic of The Philippines Manila: Decision
COURT OF APPEALS
MANILA
NINTH DIVISION
UNITED ARCHITECTS OF
THE PHILIPPINES,
Intervenor-Appellee
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D E CI S I O N
CA-G.R.. CV No. 93917 2
DECISION
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as follows:
1
Rollo pp. 90-120
2
Record Vol. I pp. 2-11
CA-G.R.. CV No. 93917 3
DECISION
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Republic Act No. 544 (RA No. 544) otherwise known as "The Civil
Philippines."
laws arguing that RA No. 544 and PD 1096 have been repealed or
(5), Article III, and Sections 25 and 29, Article IV, thereof, which
similar case for declaratory relief, docketed as Civil Case No. 05-
Consunji on April 28, 2005 before Branch 219 of the Regional Trial
memorandums.8
Decision9 which dismissed the instant petition and lifted the writ
8
see Order dated January 10, 2006 (Rollo Vol. II p. 556)
9
Record Vol. III pp. 1217-1247
CA-G.R.. CV No. 93917 6
DECISION
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SO ORDERED."
documents. The trial court also held that neither can the
sign and seal architectural plans, said authority not having been
law. Moreover, the trial court held that the provisions of laws
(RA 9266), hence the former laws are deemed to have been
case since the petition for declaratory relief and injunction filed by
Felipe Cruz and David Consunji before Branch 219 of the RTC of
II
THERE IS OVERLAPPING OF
FUNCTIONS BETWEEN CIVIL
ENGINEERS AND ARCHITECTS;
III
IV
dispute, namely:
DPWH).12
12
Section 203. General Powers and Functions of the Secretary under this Code. —
For purposes of carrying out the provisions of this Code, the Secretary shall exercise the following
CA-G.R.. CV No. 93917 10
DECISION
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4. Architectural Documents
a. Architectural Plans/Drawings
architects under the 1977 IRR. However, under the new revised
Republic Act No. 544 (RA No. 544) otherwise known as "The Civil
Philippines."
Public Works and Highways, argue otherwise and deny that the
laws. They argue that RA No. 544 and PD 1096 have been
Section 20 (2) and (5), Article III, and Sections 25 and 29, Article
CA-G.R.. CV No. 93917 16
DECISION
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issues:
NBC IRR;
argue that the trial court erred in ruling that RA 544 or the Civil
Architecture Law (RA 545) nor in the Architecture Act of 2004 (RA
the fact that they are being labeled as such. The labeling or the
then the Court is of the view that the DPWH Secretary may have
resolved in favor of the basic law. (Office of the Solicitor General vs.
of a building or structure.
302(4) of the Revised NBC IRR are not mentioned either in the
designing of buildings.
intended for public gathering. Thus, appellee UAP insists that the
provides as follows:
" Section 15. Exemption from registration-
materials, it follows then that the general rule is that the plans and
intended for public gathering are outside the scope of the civil
engineer's authority.
for public gathering or assembly when the civil engineer has the
where none is indicated. (Lo Cham vs. Ocampo, 77 Phil. 636, (1946))
Where the law does not distinguish, courts should not distinguish.
as follows:
(2) Certified true copy of the TCT covering the lot on which the
proposed work is to be done. If the applicant is not the
registered owner, in addition to the TCT, a copy of the contract
of lease shall be submitted;
The Court is mindful that it has been argued in this case that
13
Record Vol. II pp. 816-825
14
Record Vol. II p.822
CA-G.R.. CV No. 93917 27
DECISION
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obvious in view of the fact that the different official copies of the
same law are totally opposed with one another, prudence dictates
that the version that renders the statute operable or the one that
misprint, resort must be made with the other official copies of the
15
Record Vol. III pp. 1406-1478
16
Record Vol. III p. 1421
CA-G.R.. CV No. 93917 28
DECISION
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Overlapping of Functions
are not simply qualified or that they do not have the expertise in
such omission does not mean that civil engineers are not qualified
Law and the National Building Code, as discussed above, that the
buildings.
section:
"Section 12. Registration of architects required. — In
order to safeguard life, health and property, no person shall
practice architecture in this country, or engage 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." (emphasis and
underscoring supplied)
CA-G.R.. CV No. 93917 30
DECISION
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an architect was also clearly seen in Section 3.2 of the Old IRR
Old IRR, why then the sudden change in the Revised NBC IRR ?
In the appealed decision, the trial court held that the Civil
Engineering Law (RA 544) and the National Building Code (PD
17
“SECTION 302. Application for Permits
xxx xxx xxx
3. Five (5) sets of survey plans, design plans, specifications and other documents prepared,
signed
and sealed over the printed names of the duly licensed and registered professionals (Figs.
III.1.
and III.2.):
xxx xxx xxx
b. Architect, in case of architectural documents; in case of
architectural interior/interior design documents, either an architect or interior designer may
sign;”
CA-G.R.. CV No. 93917 31
DECISION
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clause18 which repeals RA 545 and all other laws, orders, rules
(Mecano vs. Commission on Audit, 216 SCRA 500, 504 (1992)) In this
18
SECTION 46. Repealing Clause. - Republic Act No. 545, as amended by Republic Act No. 1581
is hereby repealed and all other laws, orders, rules and regulations or resolutions or part/s thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
CA-G.R.. CV No. 93917 32
DECISION
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on the subject. (City Government of San Pablo, Laguna vs. Reyes, 305
SCRA 353 (1999)) Such repeals are not favored for a law cannot be
intended it. (Intia, Jr. vs. Commission on Audit, 306 SCRA 593,
the aforesaid laws are different from each other since they govern
Court is of the view that RA 9266 can only repeal the old law
Phil 657 (1950); Chong Yung Fa vs. Gianzon, 97 SCRA 913 (1955); and
that the said law shall not be construed to affect or prevent the
documents under PD 1096 and the Old IRR. Hence, the practice of
No Forum Shopping
Finally, the Court is of the view that the trial court erred in
that Civil Case No. Q-05-55273 pending before Branch 219 of the
provision in the Revised NBC IRR. However, the Court notes that
2006.21
2008 :
"Forum shopping is the act of a litigant who "repetitively
availed of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the
same transactions and the same essential facts and
circumstances, and all raising substantially the same issues
either pending in or already resolved adversely by some other
court to increase his chances of obtaining a favorable decision if
not in one court, then in another." It is directly addressed and
prohibited under Section 5, Rule 7 of the 1997 Rules of Civil
Procedure, and is signaled by the presence of the following
requisites: (1) identity of parties, or at least such parties who
represent the same interests in both actions, (2) identity of the
rights asserted and the relief prayed for, the relief being
founded on the same facts, and (3) identity of the two preceding
particulars such that any judgment rendered in the pending
case, regardless of which party is successful, would amount to
res judicata in the other. In simpler terms, the test to determine
whether a party has violated the rule against forum shopping is
where the elements of litis pendentia are present or where a final
judgment in one case will amount to res judicata in the other."
CA-G.R.. CV No. 93917 36
DECISION
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this case.
entered as follows:
declared null and void for being contrary to Republic Act 544 and
their right to prepare, sign and seal plans and designs of buildings
SO ORDERED.
ROMEO F. BARZA
Associate Justice
WE CONCUR:
NOEL G. TIJAM
Associate Justice
Chairperson, Ninth Division
EDWIN D. SORONGON
Associate Justice
CA-G.R.. CV No. 93917 38
DECISION
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CERTIFICATION
NOEL G. TIJAM
Associate Justice
Chairperson, Ninth Division