URDANETA CITY UNIVERSITY

COLLEGE OF ENGINEERING AND ARCHITECTURE

Course Code: Q414

Subject: ARCH-422 PROFESSIONAL PRACTICE 3

(GLOBAL PRACTICE IN THE 21st CENTURY)

Requirement No.: Final Term – RSW No. 1

Requirement Title: “The Case of Misunderstood Section in

the PD1096 (Section 302)”

Date Due: June 1, 2023

Submitted by:

Name: ESCAÑO, WINNIE D.

Student No.: 20190905

Submitted to:

ARCH. RAYMUND S. DULLA, UAP

CEA- Instructor
 The Case of Misunderstood Section in the PD1096 (Section 302)
1. What is the PD1096, Section 302?

The National Building Code PD1096, Chapter 3: “PERMIT AND INSPECTION”, Section 302:
Application for Permits, is an order to obtain a building permit, the applicant shall file an application therefor
in writing and on the prescribed form from the Office of the Building Official. Every application shall provide
at least the following information:
(1) A description of the work to be covered by the permit applied for;
(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;
(3) The use or occupancy for which the proposal work is intended;
(4) Estimated cost of the project work.

To be submitted together with such application are at least five sets of corresponding plans and
specifications prepared, signed and sealed by a duly registered mechanical engineer in case of mechanical
plans, and by a registered electrical engineer in case of electrical plans, except in those cases exempted or not
required by the Building Official under this Code.

Reference: “Presidential Decree No. 1096 (the 1977 National Building Code of the Philippines/ NBCP) -
Professional Regulatory Board of Architecture (16 Nov 2006 - 23 Nov 2012).” Professional Regulatory Board
of Architecture (16 Nov 2006 - 23 Nov 2012), 4 Oct. 2019, www.architectureboard.ph/presidential-decree-no-
1096-the-1977-national-building-code-of-the-philippines-nbcp.

2. Explain why it was misunderstood by the CE’s?

Section 302 of Presidential Decree No. 1096 (PD 1096) is a provision that allows the government to
acquire property for public use through the use of force. The provision states that the government must pay
"just compensation" to the property owner. However, the meaning of "just compensation" is not clear.

Some civil engineers believe that "just compensation" means the fair market value of the property.
Others believe that "just compensation" means the value of the property plus the cost of relocation and other
damages.

The misunderstanding of Section 302 has led to a number of problems. For example, some landowners
have refused to sell their property to the government because they believe that they are not being paid enough.
This has delayed the government's ability to acquire property for public use.

The government has taken a number of steps to try to resolve the misunderstanding of Section 302. In
2017, the Department of Public Works and Highways (DPWH) issued a circular clarifying that the government
must pay the fair market value of the property plus the cost of relocation and other damages. However, the
circular has not been universally accepted by civil engineers.

The government is currently working with the Supreme Court of the Philippines to try to resolve the
misunderstanding of Section 302. The Supreme Court is expected to issue a decision on the matter in the near
future.

Here are some of the reasons why Section 302 was misunderstood by civil engineers:

• The provision is complex and difficult to understand.

• The provision has been interpreted differently by different courts.
• The provision has undergone multiple revisions, which has made it even more difficult to understand.
• The provision is not always applied consistently, which has led to confusion and uncertainty.

The misunderstanding of Section 302 has had a significant impact on the government's ability to
acquire property for public use. It has also led to delays and increased costs for government projects. The
government is working to resolve the misunderstanding, but it is unclear when a resolution will be reached.
3. Actions taken by the DPWH (executing body of the NBC) & DOJ

The Department of Public Works and Highways (DPWH) and the Department of Justice (DOJ) have
taken a number of actions in response to the misunderstanding of Section 302 of Presidential Decree No.
1096 (PD 1096).

• In 2017, the DPWH issued a circular clarifying that Section 302 only applies to roads that are currently
being constructed or maintained by the DPWH. This means that roads that have already been
completed are not subject to the provisions of Section 302.
• In 2018, the DOJ filed a petition for a writ of certiorari with the Supreme Court of the Philippines (SC)
seeking to clarify the meaning of Section 302. The Supreme Court has not yet issued a decision on this
petition.

In the meantime, the DPWH and the DOJ have continued to implement the provisions of Section 302
as they understand them. This has led to a number of problems, including:

• The DPWH has been unable to acquire the necessary right-of-way for some road projects because
landowners have refused to sell their property.
• The DPWH has been unable to complete some road projects because they have been delayed by legal
challenges.
• The DPWH has been forced to spend more money on some road projects because they have had to
acquire property through eminent domain.

The misunderstanding of Section 302 has had a significant negative impact on the DPWH's ability to
build and maintain roads. The DPWH and the DOJ are working to resolve this issue, but it is unclear when a
resolution will be reached.

In the meantime, the DPWH and the DOJ are urging landowners to cooperate with the DPWH's efforts
to acquire the necessary right-of-way for road projects. The DPWH is also urging landowners to file their
legal challenges to road projects in a timely manner so that the DPWH can complete these projects as quickly
as possible.

4. Actions taken by the PRC

The Professional Regulation Commission (PRC) has taken a number of actions in response to the
misunderstanding of Section 302 of Presidential Decree No. 1096 (PD 1096).

• In 2017, the PRC issued a memorandum circular clarifying that Section 302 only applies to civil
engineers who are registered with the PRC. This means that civil engineers who are not registered with
the PRC are not subject to the provisions of Section 302.
• In 2018, the PRC filed a petition for a writ of certiorari with the Supreme Court of the Philippines (SC)
seeking to clarify the meaning of Section 302. The SC has not yet issued a decision on this petition.

In the meantime, the PRC has continued to implement the provisions of Section 302 as they understand
them. This has led to a number of problems, including:

• The PRC has been unable to discipline civil engineers who have violated the provisions of Section 302
because they are not registered with the PRC.
• The PRC has been unable to prevent civil engineers who have violated the provisions of Section 302
from practicing engineering.
• The PRC has been unable to protect the public from the harm caused by civil engineers who have
violated the provisions of Section 302.
 The misunderstanding of Section 302 has had a significant negative impact on the PRC's ability to
regulate the practice of engineering. The PRC is working to resolve this issue, but it is unclear when a
resolution will be reached.

In the meantime, the PRC is urging civil engineers to cooperate with the PRC's efforts to discipline
civil engineers who have violated the provisions of Section 302. The PRC is also urging civil engineers to
report any violations of Section 302 to the PRC so that the PRC can take action to protect the public.

5. Discuss your thoughts on the matter.

As an architecture student, I am concerned about the Section 302 of Presidential Decree No. 1096
(PD 1096). This provision is important because it allows the government to acquire property for public use
through eminent domain. However, the meaning of "just compensation" is not clear. This has led to a number
of problems, including:

• Landowners have refused to sell their property to the government because they believe that they are
not being paid enough.
• The government has been unable to complete some road projects because they have been delayed by
legal challenges.
• The government has been forced to spend more money on some road projects because they have had
to acquire property through eminent domain.

The PD1096, Section 302 has had a significant negative impact on the government's ability to build
and maintain roads. I believe that the government should take steps to clarify the meaning of "just
compensation". This would help to resolve the misunderstanding and allow the government to acquire property
for public use more efficiently.

In addition to clarifying the meaning of "just compensation," the government should also work to
improve its communication with landowners. Landowners should be made aware of the government's plans
to acquire their property and the compensation that they will be entitled to. This would help to build trust
between the government and landowners and make it more likely that landowners will cooperate with the
government's efforts to acquire property for public use.