Update on the

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

1
Short History of the Revised IRR
• The National Building Code, Presidential Decree
1096, was approved in 1977
• The National Building Code has never been
amended
• The National Building Code calls for the issuance
by the DPWH Secretary of Implementing Rules
and Regulations (IRR)
• Building Code and IRR are two documents
• The original IRR is composed of numerous
DPWH Orders issued through the years
• For the past few years, the DPWH has been
preparing a consolidated revised IRR
2
Short History of the Revised IRR
• The DPWH formed a Board of Consultants (BOC)
composed of various stakeholders from the
private sector to prepare a draft of the Revised
IRR
• The BOC included representatives from
Accredited Professional Organizations, including
PICE, UAP, PSSE, IIEE, PSME, etc.
• After the BOC submitted their draft in 2004, the
final version of the Revised IRR was prepared by
the DPWH National Building Code Review
Committee

3
DPWH National Building Code Review
Committee Composed Mostly of Civil Engineers
• Chairman: Raul C. Asis, Civil Engineer, Assistant
Secretary, DPWH
• Members:
– Antonio V. Molano, Jr., Civil Engineer, Director IV, Bureau of
Research and Standards
– Nestor V. Agustin, Civil Engineer, Director IV, PMO-Special
Buildings
– Gilberto S. Reyes, Civil Engineer, OIC, Director IV, Bureau of
Design
– Walter R. Ocampo, Civil Engineer, Director III, Bureau of
Construction
– Camilo G. Foronda, Lawyer, Director III, Legal Service
– Emmanuel P. Cuntapay, Architect, Architect V, Bureau of
Design

4
Administrative Provisions of Revised
IRR are Problematic
• The Revised IRR contains Technical
Provisions (Types of Construction, Fire
Requirements, Classification and General
Requirements, Light and Ventilation, Sanitation,
Building Projections, etc.)
• The Revised IRR also includes Administrative
Provisions (Administration and Enforcement,
Permits and Inspection, etc.)
• Technical Provisions are alright, but
Administrative Provisions are problematic

5
Some Issues Resulting from
the Revised IRR
• Who is the Licensed and Registered
Professional Authorized to Prepare, Sign and
Seal Building Designs, Plans and Documents
(Civil Engineer, Architect or Both)?
• Which is the Proper Body that Appoints
Building Officials (City/Municipal Mayors or
DPWH Secretary)?
• Other issues involve: Sanitary Engineers,
Electrical Engineers, Interior Designers,
Municipal/City Mayors, Municipal/City
Engineers, etc.

6
 Who is the Licensed and
Registered Professional
Authorized to Prepare, Sign
and Seal Building Designs,
Plans and Documents
(Civil Engineer or Architect
or Both)?
7
How Does the Revised IRR Affect
the Practice of Civil Engineering?

• Situation Under Original IRR (Before)

– National Building Code and Original IRR allows
Architect or Civil Engineer to prepare, sign and seal
complete “Building Plans” (Architectural and
Structural Plans)
– Section 302 of the National Building Code and Section
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 architect or civil engineer, in
case of architectural and structural plans.

8
How Does the Revised IRR Affect
the Practice of Civil Engineering?
• Situation Under Revised IRR (After)
– Revised IRR will prevent Civil Engineers from preparing
certain Building Plans and Documents
– Section 302.3 of Revised IRR requires the submittal of
five (5) sets of plans, specifications and documents
over the printed name of the duly licensed and
registered professionals:
• Architect, in case of architectural documents; in case of
architectural interior/interior design documents, either an architect or
interior designer may sign;
• Civil Engineer, in case of civil/structural documents;
– The definitions of “Architectural Documents” (Sec.
302.4) and “Civil/Structural Documents” (Sec. 302.5)
are very important
9
Definition of “Architectural Documents” in the
Revised IRR (Section 302.4)
• Architectural Plans/Drawings
– Vicinity Map/Location Plan
– Site Development Plan
– Perspective
– Floor Plans
– Elevations
– Sections
– Reflected Ceiling Plan
– Details, in the form of plans, elevations/sections
– Schedule of Doors and Windows
– Schedule of Finishes
– Details of other major architectural elements
• Architectural Interiors/Interior Design
• Plans and Specific Locations of Accessibility Facilities
• Fire Safety Documents
• Other Related Documents
10
Definition of Civil/Structural
Documents in the Revised IRR
(Section 302.5)

• Site Development Plan

• Structural Plans
• Structural Analysis and Design
• Boring and Load Tests
• Seismic Analysis
• Other related documents

11
Revised IRR Violates RA 544
(The Civil Engineering Law)
• The Revised IRR will prevent Civil Engineers
from preparing, signing and sealing the
documents listed as “Architectural Documents”
in Section 302.4
• These documents are also “Building Documents”
• Sections 2 and 23 of the Civil Engineering Law
expressly include the preparation, signing and
sealing of “Building Documents” in the scope of
Civil Engineering
• Therefore, the Revised IRR violates the Civil
Engineering Law
12
Understanding RA 544

• Sections 2 and 23 of Republic Act 544

(The Civil Engineering Law) expressly
include the preparation, signing and
sealing of Building Designs, Plans and
Specifications (“Building Plans and
Documents”) in the scope of practice of
Civil Engineering

13
Section 2 of the Civil Engineering Law Includes
Preparation, Signing and Sealing of “Building
Plans” in the Scope of Civil Engineering
• “Section 2, RA 544 – (a) The practice of civil
engineering within the meaning and intent of
this Act shall embrace services in the form of
consultation, design, preparation of plans,
specifications, estimates, erection, installation
and supervision of construction of streets, bridges,
highways, railroads, airports and hangars,
portworks, canals, river and shore improvements,
lighthouses, and dry docks; buildings, fixed
structures for irrigation, flood protection, drainage,
water supply and sewerage works, demolition of
permanent structures, and tunnels.”
14
Section 2 of the Civil Engineering Law Includes
Preparation, Signing and Sealing of “Building Plans”
in the Scope of Civil Engineering
• Civil Engineering Services • Civil Engineering Structures
– Consultation – Streets
– Design – Bridges
– Highways
– Preparation of – Railroads
Plans – Airports and Hangars
– Preparation of – Portworks
Specifications – Canals
– Preparation of – River and Shore Improvements
– Lighthouses
Estimates – Drydocks
– Erection
– Installation – Buildings
– Supervision of Construction – Fixed Structures for
– Demolition of Permanent • Irrigation
Structures • Flood Protection
• Drainage
• Water Supply
• Sewerage Works
– Tunnels 15
Section 23 of the Civil Engineering Law Includes
Preparation, Signing and Sealing of “Building
Plans” in the Scope of Civil Engineering

• “Section 23, RA 544 – It shall be unlawful for any

person to order or otherwise cause the construction,
reconstruction, or alteration of any building 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 unless
the designs, plans and specifications of the same
have been prepared under the responsible charge of,
and signed and sealed by a registered civil
engineer, and unless the construction, reconstruction
and/or alteration thereof are executed under the
responsible charge and direct supervision of a Civil
Engineer.”
16
Revised IRR is Based on
Architect Claim of Exclusivity
• Revised IRR is based on the claim of Architects
that Architects have the exclusive right to
prepare, sign and seal “Architectural Documents”
• It is conceded that the preparation, signing and
sealing of the documents listed as “Architectural
Documents” in Section 302.4 of the Revised IRR
are within the scope of Architecture
• The documents identified as “Architectural
Documents” in Section 302.4 of the Revised IRR
are also “Building Documents”

17
Revised IRR is Based on Architect
Claim of Exclusivity
• The preparation, signing and sealing of “Building
Documents” are within the practice of Civil
Engineering as provided by Sections 2 and 23 of
RA 544
• Because of the Principle of Overlap among
Professions, Architects do not have the exclusive
right to prepare, sign and seal the documents
listed as “Architectural Documents in Section
302.4 of the Revised IRR
• The issue is not whether Architects have the
right to prepare, sign and seal these documents
but whether they have the “exclusive right”
18
Overlap Among Professions
(Some Examples)
• Doctors, Midwives, Nurses, Dentists, Nutritionists
and Dietitians, Optometrists
• Lawyers, Accountants, Criminologists, Customs
Brokers
• Mechanical Engineers, Electrical Engineers,
Electronics and Communications Engineers
• Architects, Interior Designers, Landscape
Architects
• Civil Engineers, Architects, Sanitary Engineers,
Geodetic Engineers, Master Plumbers,
Agricultural Engineers, Environmental Planners
19
Overlap Among Professions
(Some Examples)
• The act of delivering a baby could constitute the
practice of medicine, midwifery or nursing,
depending on which professional carries out the
delivery
– A doctor, midwife or nurse cannot claim the exclusive
right to deliver a baby
• 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
– A lawyer or accountant cannot claim the exclusive right
to issue tax opinions
20
Overlap Among Professions
(Some Examples)
• The act of preparing designs, plans and
specifications for the interior of a building
constitute the practice of architecture or interior
design, depending on which professional
prepared the documents
– An architect or interior designer cannot claim the
exclusive right to prepare plans of building interiors
• 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
– An architect or civil engineer cannot claim the
exclusive right to prepare building plans
21
Revised IRR Recognizes Principle of
Overlap of Professions in Case of
Architecture and Interior Design
• Section 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:
– Architect, in case of architectural documents; in
case of architectural interior/interior design
documents, either an architect or interior
designer may sign;

22
Revised IRR Should Also Recognize
Overlap of Professions in Case of
Civil Engineering and Architecture
• Invoking the principle of Overlap among
Professions, the documents enumerated in
Section 302.4 are “Building Documents” and
therefore are “Civil Engineering Documents” as
well as “Architectural Documents”
• The documents enumerated in Section 302.4 are
“Architectural Documents” only if prepared,
signed and sealed by an Architect
• The documents enumerated in Section 302.4 are
“Civil Engineering Documents” if they are
prepared, signed and sealed by a Civil Engineer
23
Providing a Complete List of Civil Engineering
Documents in Sec. 302.5 will Correct the Revised IRR
• Section 302.5 – Civil Engineering Documents
– Vicinity Map/Location Plan
– Building Plans
• Perspective
• Floor Plans
• Elevations
• Sections
• Reflected Ceiling Plan
• Details, in the form of plans, elevations/sections
• Schedule of Doors and Windows
• Schedule of Finishes
• Structural Plans
– Site Development Plan
– Structural Analysis and Design
– Boring and Load Tests
– Seismic Analysis
– Other related documents
24
An Injunction was Needed
• The National Building Code provides that
Implementing Rules and Regulations shall be
formulated by the DPWH Secretary
• Then DPWH Secretary Florante Soriquez, a Civil
Engineer, has signed the revised IRR
• The Revised IRR was published in the Manila
Standard on April 1, 8 and 15, 2005
• The National Building Code 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
25
An Injunction was Needed
• Without an injunction, the IRR would have been
in effect on April 30, 2005
• During the last week of April, 2005, the PICE
and the PSSE requested the DPWH Secretary to
defer the implementation of the Revised IRR, to
avoid a legal confrontation
• In reply, DPWH informed the PICE and PSSE that
the Secretary does not have the authority to
defer implementation of the Revised IRR
• In fact, during that meeting, the PICE and PSSE
were advised to file for an injunction
• Therefore, PICE and PSSE had no choice but to
file for an injunction
26
PICE has obtained Preliminary
Injunction from Manila RTC
• PICE obtained 72 hour Temporary Restraining
Order (TRO) against implementation of Revised
IRR during the first week of May, 2005
• PICE obtained 20-day TRO during the second
week of May, 2005
• The Manila Regional Trial Court issued a
Preliminary Injunction to PICE on May 24, 2005
• The Preliminary Injunction means that
implementation of the Revised IRR is suspended
until the issues raised by PICE are resolved
• PSSE also obtained its own Preliminary Injunction
27
Preliminary Injunction Recognizes
Issues Raised by PICE
• Dispositive paragraph of the Preliminary Injunction:
“Both the petitioner and respondent are one that one cannot
be deprived of the right to work and the right to make a
living 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. It is a
legal truism that ‘the spring cannot rise higher than its
source’. At this stage of the proceedings, it would
appear that the new IRR goes beyond the laws it seeks
to implement. 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.”

28
The Revised IRR is Being Implemented
• The Preliminary Injunction obtained by the PICE
covers only the sections involving the
preparation, signing and sealing of “Architectural
and Structural (Building) Plans”.
• Therefore, the affected portions of the original
IRR are still implementable and Building Officials
have to accept “Architectural and Structural
Plans” prepared, signed and sealed by either an
Architect or Civil Engineer:
– Section 302 of the National Building Code and Section
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 architect or civil engineer, in
case of architectural and structural plans.
29
The Revised IRR is Being Implemented

• However, portions of the Revised IRR not affected

by the PICE and PSSE Injunctions are
implementable
– Section 201 of the Revised IRR vests the administration
and enforcement of the National Building Code in the
DPWH Secretary
– Section 202 of the Revised IRR creates the National
Building Code Development Office (NCBDO) as the
technical staff of the DPWH Secretary
• The DPWH Secretary has appointed an architect
(Emmanuel Cuntapay) as Executive Director of the
NCBDO
• Architect Cuntapay is on record as favoring the
appointment of Architects as Building Officials
30
The Revised IRR is being Implemented
• Architect Cuntapay is on record that the
preparation, signing and sealing of “Architectural
(Building) Plans” is exclusive to Architects
• The DPWH Secretary is currently appointing
Building Officials based on Section 203(6) of the
Revised IRR
• The NCBDO screens and recommends
prospective Building Officials to the DPWH
Secretary
• If a Civil Engineer cannot prepare, sign and seal
Building Plans, he is technically less qualified to
be a Building Official than an Architect
• Eventually, all Building Officials will become
architects 31
DPWH has Answered the
Preliminary Injunction
• DPWH, through the Solicitor General, submitted
its answer on June 17, 2005
• DPWH states that Sections 2 and 23 of the Civil
Engineering Law do not state in clear and
unequivocal terms that civil engineers can
prepare, sign and seal architectural
documents
• DPWH states that it is only the National
Building Code and Ministry Order 57 that
recognizes and grants the right of civil
engineers to prepare, sign and seal
architectural plans
32
DPWH has Answered the
Preliminary Injunction
• DPWH states that Section 302 of the National
Building Code and Section 3.2 of Ministry
Order 57 have been repealed by Sections
20, 25 and 29 of RA 9266 (Architecture Act of
2004)
• DPWH states that Sections 2 and 23 of the Civil
Engineering Law have likewise been
repealed by RA 9266
• DPWH argues that these laws have been
repealed by virtue of Section 46 of RA 9266

33
DPWH has Answered the
Preliminary Injunction

• DPWH states that RA 9266 was approved on

March 17, 2004 while RA 544, PD 1096 and
Ministry Order 57 were approved in 1950,
1977 and 1978, respectively
• DPWH argues that in case of irreconcilable
conflict between two laws, the later
enactment must prevail

34
DPWH has Answered the
Preliminary Injunction

• DPWH states that the National Building Code

is a general law as it deals with the practice
of various professions, while RA 9266 is a
special law because it deals exclusively with
the practice of architecture
• DPWH argues that a special provision of law
prevails over a general one

35
DPWH has Answered the
Preliminary Injunction
• DPWH states that the Revised IRR is
consistent and in harmony with the pertinent
provisions of RA 9266
• DPWH argues that it is not the Revised IRR
which gives architects the exclusive right to
prepare, sign and seal Architectural
Documents
• DPWH argues that it is the legislature by virtue of
RA 9266 which gives duly licensed architects
the exclusive right to prepare, sign and seal
Architectural Documents
36
Main Arguments of DWPH Answer
Rely Almost Totally on RA 9266
• DPWH Answer has the following main arguments,
most of which Rely on RA 9266:
– RA 9266 has repealed Section 302 of the National
Building Code and Section 3.2 of Ministry Order 57
– RA 9266 has repealed Sections 2 and 23 of the Civil
Engineering Law
– Revised IRR is consistent and in harmony with the
pertinent provisions of RA 9266
– RA 9266 gives duly licensed architects the exclusive
right to prepare, sign and seal architectural documents
– RA 544 does not state that Civil Engineers can prepare,
sign and seal architectural plans and documents

37
Understanding RA 9266
• DPWH has cited Sections 20, 25, 29 and 46 of
RA 9266 as the basis of the Revised IRR
• “Section 20. Seal, Issuance and Use of Seal. –
A duly licensed architect shall affix the seal
prescribed by the Board bearing the
registrant’s name, registration number and the
title ‘Architect’ on all architectural plans,
drawings, specifications and all other
contract documents prepared by or under
his/her direct supervision.”
38
Understanding RA 9266

• “Section 20(5) – All architectural plans,

designs, drawings and architectural
documents relative to the construction of a
building shall bear the seal and signature
only of an architect registered and licensed
under this Act together with his/her professional
identification number and the date of its
expiration”

39
Understanding RA 9266
• A parallel provision exists in RA 545 (Old
Architecture Law:
“Section 25 (1). Seal and use of seal. – 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 said
seal during the life of the registrant’s certificate, and
it shall be unlawful for any one to stamp or seal any
documents with said seal after the certificate of the
registrant named thereon has expired or has been
revoked, unless said certificate shall have been
renewed or reissued.”

40
Understanding RA 9266
• “Section 20(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
alteration of buildings, shall accept or approve
any architectural plans or specifications
which have not been prepared and
submitted in full accord with all the
provisions of this Act; 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
author”
41
Understanding RA 9266
• A parallel provision exists in RA 545:
“Section 25 (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 alteration of buildings,
shall accept or approve any plans or
specifications which have not been prepared
and submitted in full accord with the
provisions of this Act. Nor shall any payment be
approved by any such officer for any work, the plans
and specifications for which have not been so
prepared and signed and sealed by the author.”

42
Understanding RA 9266
• “Section 25 – Registration of Architects Required.
– No person shall practice architecture in
this country, or engage in preparing
architectural plans, specifications or
preliminary data for the erection or alteration of
any building located within the boundaries of
this country, or use the title “Architect”, or
display the word “Architect” 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, unless such
person shall have received from the Board
a Certificate of Registration and be issued
a Professional Identification Card …”
43
Understanding RA 9266
• A parallel provision exists in RA 545:
“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 any title, sign, card advertisement, or other
devise 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 …”
44
Understanding RA 9266
• “Section 29 – Prohibition in the Practice of
Architecture and Penal Clause. – Any person
who shall practice or offer to practice
architecture in the Philippines without
being registered/ licensed and who are not
holders of temporary or special permits in
accordance with the provisions of this Act …
shall be guilty of misdemeanor and
charged in court by the Commission and shall,
upon conviction be sentenced to a fine of not
less than One hundred thousand pesos but not
more than Five million pesos or to suffer
imprisonment for a period of not less than six
months or not exceeding six years, or both, …”
45
Understanding RA 9266
• A parallel provision exists in RA 545:
“Section 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 … shall be guilty of a misdemeanor and shall,
upon conviction, be sentenced to a fine of not less
than five hundred pesos nor more than one thousand
pesos or to suffer imprisonment for a period not
exceeding three months, or both, in the discretion of
the Court.”

46
RA 9266 Does not Contain any New
Relevant Provisions vis-à-vis RA 545
• RA 9266 can justify the Revised IRR only if it has
new relevant provisions not included in RA 545
• All the cited provisions in RA 9266 justifying the
controversial provisions of the Revised IRR have
parallel provisions already existing in RA 545,
the Old Architecture Law
• Therefore, except that Architects can no longer
prepare, sign and seal “Structural Plans”, there
is nothing new in RA 9266 and its passage
did not change the status quo or the existing
overlap between civil engineering and
architecture
47
Why DPWH Position is Wrong
• DPWH claims that RA 9266 has repealed the
National Building Code
• RA 9266 has not repealed the National
Building Code and Ministry Order No. 57
because of the legal principle that one law does
not repeal another if there is a way of
reconciling the laws concerned
• Invoking the principle of Overlap of Professions
will reconcile the laws
• Even assuming that the National Building Code
has been repealed, it is the Civil Engineering
Law and not the National Building Code that
gives Civil Engineers the right to prepare
Building Plans
48
Why DPWH Position is Wrong
• DPWH claims that RA 9266 has repealed RA 544
• RA 9266 has not repealed any portion of RA
544, including Sections 2 and 23
• Section 43 of RA 9266 (Act Not Affecting Other
Professionals) states: “This Act (RA 9266) shall
not be construed to affect of prevent the
practice of any other legally recognized
profession.”
• Therefore, RA 9266 does not affect, much more
repeal any portion of the Civil Engineering Law

49
Why DPWH Position is Wrong
• DPWH states that the repeal of RA 544 is based
on Section 46 of RA 9266 which states: “Republic
Act 545, as amended by Republic Act 1581, is
hereby repealed and all other laws, orders and
regulations or resolutions or parts/thereof
inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.”
• Sections 2 and 23 of the Civil Engineering Law
state that civil engineers can prepare, sign and
seal “Building Plans”, not “Architectural Plans”
• Section 46 of RA 9266 cannot be used to justify
repeal of RA 544 as there is no inconsistency
with RA 9266 and there is nothing to repeal
50
Why DPWH Position is Wrong
• DPWH claims that RA 9266 gives Architects the
exclusive right to prepare “Architectural Designs,
Plans and Documents”
• DPWH claims that RA 544 does not state that Civil
Engineers can prepare “Architectural Designs,
Plans and Documents”
• What RA 544 provides is that Civil Engineers can
prepare “Building Designs, Plans and Documents”
• The documents defined as “Architectural Designs,
Plans and Documents” in RA 9266 are also
“Building Designs, Plans and Documents”
51
Why DPWH Position is Wrong

• RA 9266 does not contain any provision

prohibiting Civil Engineers from preparing, signing
and sealing “Building Designs, Plans and
Documents”
• The preparation, signing and sealing of the
documents mentioned in RA 9266 are within the
scope of Civil Engineering because these are
“Building Designs, Plans and Documents”
• The proper interpretation of “Building Design” is
therefore critical

52
Why DPWH Position is Wrong

• The term “Building Design” occurs in both RA

544 and RA 545
• Section 14(C) of RA 545 provides:
“The practice of architecture is hereby defined to be:
the act of … architectural and structural designing
… of buildings …”
• Section 2(a) of RA 544 provides:
“The practice of civil engineering … shall embrace
services in the form of … design … of … buildings …”

53
Why DPWH Position is Wrong
• What appears as “Building Design” in RA 544
appears as “Architectural and Structural Design”
in RA 545
• The term “Architectural and Structural Design” in
RA 545 has always been interpreted by
Architects, Civil Engineers and the general public
to have the same meaning as the term “Building
Design” in RA 544
• Over the past 50 years since passage of RA 544
and RA 545, architects and civil engineers have
enjoyed total overlap in the preparation, signing
and sealing of “Building Designs” or
“Architectural and Structural Designs”
54
Why DPWH Position is Wrong
• Architects claim that the term “Building Design”
in the Civil Engineering Law means “Structural
Design”
• A trip to a dictionary will show that the term
“Building Design” does not have the same
meaning as “Structural Design”
• If “Building Design” means “Structural Design”,
why is that not what is stated?
• Why have Civil Engineers been preparing,
signing and sealing complete “Building Designs”
or “Architectural and Structural Designs” for
thousands of years, without any legal challenge
from Architects or any other party?
55
Why DPWH Position is Wrong
• The DPWH presumption that civil engineers want
to practice Architecture and to prepare, sign and
seal “Architectural Designs, Plans and
Documents” is wrong
• Civil Engineers want to practice and prepare,
sign and seal “Building Designs, Plans and
Documents
• What are defined as “Architectural Designs, Plans
and Documents” in the Revised IRR and RA 9266
are “Building Designs, Plans and Documents”,
and therefore are within the practice of Civil
Engineering
56
DPWH has Answered the
Preliminary Injunction (Part 2)

• DPWH acknowledges that the direct

consequence of the revised IRR is to
deprive more than a hundred thousand
civil engineers of their right to earn a
living which has been vested upon them
for more than fifty years now
• DPWH cites the principle of “dura lex sed lex
(The law is harsh but the law is still the law)

57
DPWH has Answered the
Preliminary Injunction (Part 2)

• 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 competent professionals who
possess the required skills, knowledge and
expertise on the matter to safeguard life,
health, property and public welfare

58
UAP Filed Motion to Intervene
• UAP filed a Motion to Intervene in the case
between the PICE and the DPWH
• UAP filed Comments in Intervention with the
Motion to Intervene
• Regional Trial Court has approved the Motion to
Intervene of the UAP
• The case involving the Preliminary Injunction is
now expected to be primarily between the UAP
and PICE with DPWH taking a secondary role

59
Summary
• Civil Engineers have prepared, signed and sealed
building plans for thousands of years, with
distinction
• There has never been a legal challenge, much less
a decision, questioning this right of civil engineers
• There has never been a single case, much less a
decision, that civil engineers are a threat to life,
health, property or public welfare
• It is an insult to the civil engineering profession to
question the competence of civil engineers to
prepare, sign and seal building plans
• It is an insult to the civil engineering profession to
accuse civil engineers of being threats to life,
health, property or public welfare
60
What Civil Engineers Must Do
• Continue preparing, signing and sealing Civil
Engineering (Building) plans
• Never refer to any plan/plans of buildings as
“Architectural Plans”, but as “Building Plans”
• Never sign and seal “Building Plans” labeled as
“Architectural Plans”
– Label all building plans, specifications and other
documents “Civil Engineering” before signing and
sealing them
• Always sign plans and documents as a Civil
Engineer
– Place only the title “Civil Engineer” under your name
and signature when signing plans, specifications and
other documents
61
What Civil Engineers Must Do
• Inform fellow Civil Engineers of PICE position on
revised IRR
• Inform as many individuals and sectors of PICE
position
• Read and study the Civil Engineering Law (RA
544)
• Read and study the new Architecture Law (RA
9266)

62
What Civil Engineers Must Do

• Monitor violations against the Preliminary

Injunction and against the Civil Engineering Law
• Take appropriate action against such violations
• Inform PICE of such violations
• Lobby with Local Government Officials, National
Agencies and other Government Entities for the
proper implementation of the Civil Engineering
Law and the new Architecture Law
• Counteract misinformation being spread by
architects and architectural associations
• Choose their leaders wisely (PICE Board)
63
Which is the Proper Body
that Appoints Building
Officials (City/Municipal
Mayors or DPWH
Secretary)?

64
Powers and Functions of the
City/Municipal Mayor
• Section 444(b)(1)(v) of RA 7160 (Local
Government Code of 1991) provides:
“The 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.”
• Section 455(b)(1)(v) of the Local Government
Code contains a similar provision applicable to
Cities
65
Powers and Functions of the
City/Municipal Mayor
• Section 477 of the Local Government Code
further provides:
“No 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
shall also act as the local building official.”
66
Powers and Functions of the
City/Municipal Mayor (Summary)

• City/Municipal Mayors have the power to appoint

City/Municipal Engineers
• The appointment of a City/Municipal Engineer is
mandatory
• Provincial, City and Municipal Engineers have to
be licensed Civil Engineers
• City/Municipal Engineers shall act as Building
Officials
67
Powers and Functions of the
DPWH Secretary
• Section 203 of the National Building Code
provides the following as the Powers and
Functions of the DPWH Secretary:
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.
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.
68
Powers and Functions of the
DPWH Secretary
• The power to appoint Building Officials is not
included in the generic powers of the DPWH
Secretary provided in the National Building Code.
• Section 205 of the National Building Code indirectly
addresses this issue and provides:
“Due to the exigencies of the service, the Secretary 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 Secretary under this Section shall
continue until regular positions of Building Official are provided or
unless sooner terminated for causes provided by law or decree.”

69
Issues

• The National Building Code (PD 1096) appears

to give the DPWH Secretary only the power to
designate (and not to appoint) Building Officials
(“… the Secretary may designate incumbent
Public Works District Engineers, City Engineers
and Municipal Engineers to act as Building
Officials …”)
• There is a need to clarify the difference between
the power to Designate and the power to
Appoint
70
Issues
• The power of the DPWH Secretary to designate
a Building Official appears to be conditional
(“Due to exigencies of the service, the
Secretary may designate …”)
• Another interpretation of this provision is that
the term “due to the exigencies of the service” is
not a condition to exercise the power to
designate, but is a statement of the existing
conditions at the time of enactment of the
National Building Code (1977)

71
Issues
• There is a need to determine if the power of the
DPWH Secretary to designate Building Officials is
conditional, or subject to an “exigency of the
service”
• If the power of the DPWH Secretary is
conditional, there is a need to determine if an
“exigency of the service” still exists if there
already is someone acting as a local Building
Official
• There is a need to determine if the DPWH
Secretary can designate someone to be a local
Building Official if the City/Municipal Mayor has
already appointed a City/Municipal Engineer who
is already acting as local Building Official
72
Issues

• It appears that the DPWH Secretary may

designate only certain incumbent officials as
Building Officials (“…the Secretary may designate
incumbent Public Works District Engineers,
City Engineers and Municipal Engineers to
act as Building Officials in their respective areas
of jurisdiction”)
• Another interpretation of this provision is that the
word “may” refers to the word “designate” and
the subsequent listing are only examples of who
can be designated, and that individuals other
than those listed can also be designated
73
Issues
• There is a need to determine if the DPWH
Secretary’s designation is limited to the three
incumbent officials listed
• All of the three incumbent officials enumerated
in the National Building Code are required by
law to be Registered and Licensed Civil
Engineers
• There is a need to determine if the DPWH
Secretary can designate a non-civil engineer (for
example, an architect) as Building Official

74
Issues
• The designation by the DPWH Secretary appears
to have a limited duration (“The designation
made by the Secretary shall continue until
regular positions of Building Official are provided
or unless terminated for causes provided by law
or decree”)
• There is a need to clarify when a regular
position of Building Official has been (or will be)
provided
• There is a need to determine whether the
appointment of a City/Municipal Engineer to act
as Building Official has the effect of providing
regular positions of Building Official
75
Issues

• Section 205 of the National Building Code

appears to provide that the designee of the
DPWH Secretary is in an acting capacity: “…the
Secretary may designate incumbent Public
Works District Engineers, City Engineers and
Municipal Engineers to act as Building
Officials … the designation of a Building Official
made by the Secretary shall continue until
regular positions of Building Official are
provided…”
76
Issues

• Section 477 of the Local Government Code also

appears to provide that the City/Municipal
Engineer appointed by the City/Municipal Mayor
is also in an acting capacity: “The appointment
of an engineer shall be mandatory for the
provincial, city and municipal governments. The
city and municipal engineer shall also act as
the local building official.”

77
Issues
• There is a need to determine whether both the
appointees of the Mayors and the designees of
the DPWH Secretary are in an acting capacity
• There is a need to determine which will be the
acting Building Official in case the Mayors
appoint an individual and the DPWH Secretary
designates a different individual
• There is a need to determine whether a process
of providing regular positions of Building Official
exist

78
Issues
• The Revised IRR (Sec. 203) Increased the Powers
and Functions of the DPWH Secretary from 4 to 6:
1. Formulate policies, plans, standards and guidelines in 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 insure compliance with
policies, plans, standards and guidelines formulated under Paragraph 1 of this section.
3. Exercise appellate jurisdiction over the decisions and orders
of the Building Official. The order or decision of the Building
Official shall be final and executory subject only to review by
the Office of the President of the Philippines.
4. Evaluate, review, approve and/or take final action on changes and/or amendments to existing Referral Codes as
well as 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.
6. Appoint a Building Official, separate and distinct from the
Office of the City/Municipal Engineer in all Cities and
Municipalities
79
Issues
• Section 203(6) of the Revised IRR appears to
contradict Sections 203 and 205 of the National
Building Code (DPWH Secretary has the power
to designate, not to appoint)
• There is a need to clarify whether this provision
of the Revised IRR exceeds or contradicts the
law it is implementing, or whether this is could
be a case of “the spring rising above its source”
• There is a need to clarify whether this provision
is consistent with Section 477 of the Local
Government Code (“The City/ Municipal
Engineer shall also act as the local Building
Official”)
80