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Revised !RR of National Building Code Revised !

RR of National Building Code --


Why is an !njunction Necessary? Why is an !njunction Necessary?
Angel L. Lazaro !!!, Ph.D. Angel L. Lazaro !!!, Ph.D.
Chairman, Board of Civil Engineering Chairman, Board of Civil Engineering
Professional Regulation Commission Professional Regulation Commission
&hort History &hort History
- - The National Building Code, Presidential The National Building Code, Presidential
Decree 1036, was approved in the 1370's Decree 1036, was approved in the 1370's
- - PD 1036 calls for the issuance by the PD 1036 calls for the issuance by the
&ecretary of the DPWH of !mplementing &ecretary of the DPWH of !mplementing
Rules and Regulations (!RR) Rules and Regulations (!RR)
- - The current !RR is composed of various The current !RR is composed of various
DPWH Orders and policies issued through DPWH Orders and policies issued through
the years the years
- - For the past few years, the DPWH has For the past few years, the DPWH has
been preparing a consolidated revised !RR been preparing a consolidated revised !RR
&hort History &hort History
- - The DPWH formed a committee composed The DPWH formed a committee composed
of various stakeholders who were of various stakeholders who were
consulted regarding the Revised !RR consulted regarding the Revised !RR
- - The Committee included representatives The Committee included representatives
from Accredited Professional from Accredited Professional
Organizations, including P!CE Organizations, including P!CE
- - The final version of the Revised !RR was The final version of the Revised !RR was
prepared by a Committee within the prepared by a Committee within the
DPWH DPWH
&hort History &hort History
- - The final version of the Revised !RR was The final version of the Revised !RR was
published in the Nanila &tandard three published in the Nanila &tandard three
times (April 1, 8 and 1S, 200S) times (April 1, 8 and 1S, 200S)
- - The Revised !RR would have been The Revised !RR would have been
implementable on April 30, 200S, 1S days implementable on April 30, 200S, 1S days
after the third publication after the third publication
- - The Revised !RR contains the procedure The Revised !RR contains the procedure
for the application for and issuance of for the application for and issuance of
building permits, among other provisions building permits, among other provisions
Why is an !njunction Necessary? Why is an !njunction Necessary?
- - The Revised !RR will prevent licensed and The Revised !RR will prevent licensed and
registered Civil Engineers from practicing registered Civil Engineers from practicing
Civil Engineering Civil Engineering
- - Therefore, the Revised !RR violates Therefore, the Revised !RR violates
Republic Act No. S44 (The Civil Republic Act No. S44 (The Civil
Engineering Law) Engineering Law)
- - &pecifically, the Revised !RR violates &pecifically, the Revised !RR violates
&ections 2 and 23 of Republic Act S44 &ections 2 and 23 of Republic Act S44
How Does the Revised !RR prevent Civil How Does the Revised !RR prevent Civil
Engineers from Practicing Civil Engineering? Engineers from Practicing Civil Engineering?
- - &ection 302 of P.D. 1036 and &ection 3.2 of Ninistry &ection 302 of P.D. 1036 and &ection 3.2 of Ninistry
Order S7 (Old !RR) requires the submittal to the Building Order S7 (Old !RR) requires the submittal to the Building
Official of five (S) sets of plans and specifications Official of five (S) sets of plans and specifications
prepared, signed and sealed by a duly licensed prepared, signed and sealed by a duly licensed
architect or civil engineer, in case of architectural architect or civil engineer, in case of architectural
and structural plans. and structural plans.
- - &ection 302.3 of Revised !RR requires the submittal to &ection 302.3 of Revised !RR requires the submittal to
the Building Official of five (S) sets of plans, the Building Official of five (S) sets of plans,
specifications and documents prepared, signed and specifications and documents prepared, signed and
sealed over the printed name of the duly licensed and sealed over the printed name of the duly licensed and
registered professionals: registered professionals:
-- Architect, in case of Architect, in case of architectural documents architectural documents, in , in
case of architectural interior/interior design documents, either an case of architectural interior/interior design documents, either an
architect or interior designer may sign, architect or interior designer may sign,
-- Civil Engineer, in case of Civil Engineer, in case of civil/structural civil/structural
documents documents, ,
What Constitutes Architectural Documents in What Constitutes Architectural Documents in
the Revised !RR (&ection 302.4)? the Revised !RR (&ection 302.4)?
- - Architectural Plans/Drawings Architectural Plans/Drawings
-- vicinity Nap/Location Plan vicinity Nap/Location Plan
-- &ite Development Plan &ite Development Plan
-- Perspective Perspective
-- Floor Plans Floor Plans
-- Elevations Elevations
-- &ections &ections
-- Reflected Ceiling Plan Reflected Ceiling Plan
-- Details, in the form of plans, elevations/sections Details, in the form of plans, elevations/sections
-- &chedule of Doors and Windows &chedule of Doors and Windows
-- &chedule of Finishes &chedule of Finishes
-- Details of other major architectural elements Details of other major architectural elements
- - Architectural !nteriors/!nterior Design Architectural !nteriors/!nterior Design
- - Plans and &pecific Locations of Accessibility Facilities Plans and &pecific Locations of Accessibility Facilities
- - Fire &afety Documents Fire &afety Documents
- - Other Related Documents Other Related Documents
What Constitutes Civil What Constitutes Civil
Engineering/&tructural Documents Engineering/&tructural Documents
in the Revised !RR (&ection 302.S)? in the Revised !RR (&ection 302.S)?
- - &ite Development Plan &ite Development Plan
- - &tructural Plans &tructural Plans
- - &tructural Analysis and Design &tructural Analysis and Design
- - Boring and Load Tests Boring and Load Tests
- - &eismic Analysis &eismic Analysis
- - Other related documents Other related documents
Revised !RR will Prevent Civil Engineers Revised !RR will Prevent Civil Engineers
from Preparing, &igning and &ealing Building from Preparing, &igning and &ealing Building
Designs, Plans and &pecifications Designs, Plans and &pecifications
- - Revised !RR is correct in identifying the Revised !RR is correct in identifying the
documents listed in &ection 302.4 of the Revised documents listed in &ection 302.4 of the Revised
!RR as architectural documents" !RR as architectural documents"
- - Revised !RR violates RA S44 in limiting civil Revised !RR violates RA S44 in limiting civil
engineering documents" to the documents listed engineering documents" to the documents listed
in &ection 302.S. in &ection 302.S.
- - The complete list of civil engineering The complete list of civil engineering
documents include the documents listed in both documents include the documents listed in both
&ections 302.4 and 302.S. &ections 302.4 and 302.S.
Revised !RR will Prevent Civil Engineers Revised !RR will Prevent Civil Engineers
from Preparing, &igning and &ealing Building from Preparing, &igning and &ealing Building
Designs, Plans and &pecifications Designs, Plans and &pecifications
- - Revised !RR will give the exclusive right to Architects to Revised !RR will give the exclusive right to Architects to
prepare, sign and seal designs, plans and specifications prepare, sign and seal designs, plans and specifications
enumerated in &ection 302.4 as Architectural Documents enumerated in &ection 302.4 as Architectural Documents
- - Revised !RR will limit Civil Engineers to preparing, Revised !RR will limit Civil Engineers to preparing,
signing and sealing designs, plans and specifications signing and sealing designs, plans and specifications
enumerated in &ection 302.S as Civil Engineering/ enumerated in &ection 302.S as Civil Engineering/
&tructural Documents &tructural Documents
- - Revised !RR will make it impossible to obtain Building Revised !RR will make it impossible to obtain Building
Permits for buildings whose designs, plans and Permits for buildings whose designs, plans and
specifications are prepared, signed and sealed by Civil specifications are prepared, signed and sealed by Civil
Engineers Engineers
nderstanding RA S44 nderstanding RA S44
- - &ections 2 and 23 of Republic Act No. S44 &ections 2 and 23 of Republic Act No. S44
(The Civil Engineering Law) clearly include (The Civil Engineering Law) clearly include
the preparation, signing and sealing of the preparation, signing and sealing of
designs, plans and specifications of designs, plans and specifications of
buildings in the scope of practice of Civil buildings in the scope of practice of Civil
Engineering Engineering
&ection 2 of RA S44 !ncludes Preparation of &ection 2 of RA S44 !ncludes Preparation of
Building Designs, Plans and &pecifications in Building Designs, Plans and &pecifications in
&cope of Practice of Civil Engineering &cope of Practice of Civil Engineering
- - &ection 2, RA S44 &ection 2, RA S44 -- The practice of civil The practice of civil
engineering within the meaning and intent of engineering within the meaning and intent of
this Act shall embrace services in the form of this Act shall embrace services in the form of
consultation, design, consultation, design, preparation of plans, preparation of plans,
specifications specifications, estimates, erection, , estimates, erection,
installation and supervision of construction installation and supervision of construction of of
streets, bridges, highways, railroads, airports streets, bridges, highways, railroads, airports
and hangars, portworks, canals, river and shore and hangars, portworks, canals, river and shore
improvements, lighthouses, and dry docks, improvements, lighthouses, and dry docks,
buildings buildings, fixed structures for irrigation, flood , fixed structures for irrigation, flood
protection, drainage, water supply and sewerage protection, drainage, water supply and sewerage
works, demolition of permanent structures, and works, demolition of permanent structures, and
tunnels." tunnels."
&ection 2 of RA S44 !ncludes Preparation of Building Designs, Plans &ection 2 of RA S44 !ncludes Preparation of Building Designs, Plans
and &pecifications in &cope of Practice of Civil Engineering and &pecifications in &cope of Practice of Civil Engineering
- - Civil Engineering &ervices Civil Engineering &ervices
-- Consultation Consultation
-- Design Design
-- #reparation of #reparation of
#lans #lans
-- #reparation of #reparation of
Specifications Specifications
-- Preparation of Estimates Preparation of Estimates
-- Erection Erection
-- !nstallation !nstallation
-- &upervision of Construction &upervision of Construction
-- Demolition of Permanent Demolition of Permanent
&tructures &tructures
- - Civil Eng'g. &tructures Civil Eng'g. &tructures
-- &treets &treets
-- Bridges Bridges
-- Highways Highways
-- Railroads Railroads
-- Airports and Hangars Airports and Hangars
-- Portworks Portworks
-- Canals Canals
-- River and &hore River and &hore
!mprovements !mprovements
-- Lighthouses Lighthouses
-- Drydocks Drydocks
-- Buildings Buildings
-- Fixed &tructures for Fixed &tructures for
- - !rrigation !rrigation
- - Flood Protection Flood Protection
- - Drainage Drainage
- - Water &upply Water &upply
- - &ewerage Works &ewerage Works
-- Tunnels Tunnels
&ection 23 of RA S44 Allows Civil Engineers &ection 23 of RA S44 Allows Civil Engineers
to Prepare, &ign and &eal Building to Prepare, &ign and &eal Building
Designs, Plans and &pecifications Designs, Plans and &pecifications
- - &ection 23, RA S44 &ection 23, RA S44 -- !t shall be unlawful for any person !t shall be unlawful for any person
to order or otherwise cause the construction, to order or otherwise cause the construction,
reconstruction, or alteration of any reconstruction, or alteration of any building building or or
structure intended for public gathering or assembly such structure intended for public gathering or assembly such
as theaters, cinematographs, stadia, churches or as theaters, cinematographs, stadia, churches or
structures of like nature, and any other engineering structures of like nature, and any other engineering
structures mentioned in section two of this Act unless structures mentioned in section two of this Act unless
the the designs, plans and specifications designs, plans and specifications of the of the
same have been same have been prepared prepared under the responsible under the responsible
charge of, and charge of, and signed and sealed by a signed and sealed by a
registered civil engineer registered civil engineer, and unless the , and unless the
construction, reconstruction and/or alteration thereof are construction, reconstruction and/or alteration thereof are
executed under the responsible charge and direct executed under the responsible charge and direct
supervision of a Civil Engineer." supervision of a Civil Engineer."
Revised !RR Confers Position of Revised !RR Confers Position of
Prime Professional to Architect Prime Professional to Architect
- - The Revised !RR confers position of Prime Professional in The Revised !RR confers position of Prime Professional in
building projects exclusively to Architects building projects exclusively to Architects
- - The procedure for application of building permit (see The procedure for application of building permit (see
next slide) clearly puts all other professions under the next slide) clearly puts all other professions under the
Architect Architect
- - No Building Permit can be issued without the No Building Permit can be issued without the
participation of an Architect participation of an Architect
- - The Revised !RR prevents other professionals from The Revised !RR prevents other professionals from
assuming the role of Prime Professional in building assuming the role of Prime Professional in building
projects projects
- - This has no basis in any of the professional laws, This has no basis in any of the professional laws,
including RA 3266 including RA 3266
RECEVNG/
RECORDNG AND
RELEASNG
RELOCATON SURVEY
PLAN & REPORT
& LNE AND GRADE
(GEODETC)
ARCHITECTURAL/
ACCESSIBILITY
LAND USE
ZONNG
CVL/
STRUCTURAL
ELECTRCAL
MECHANCAL
SANTARY
PLUMBNG
ELECTRONCS
NTEROR
DESGN
GEODETC
OTHERS
(SPECFY)
FNAL EVALUATON
&
RECOMMENDATON
BULDNG
OFFCAL
CTY/MUNCPAL
TREASURY
(CASHER)
VERFCATON OR
LAND USE ZONNG
& OTHER
CLEARANCES
SSUANCE OF BULDNG PERMT
PAYMENT OF FEES
ENDORSEMENT TO PROPER AUTHORTES
BULDNG
PERMT
SSUED/
RELEASED
BULDNG
PERMT
APPLCATON
PROCESSING OF APPLICATION OF BUILDING PERMIT FLOW CHART
!njunction is Needed !njunction is Needed
- - P.D. 1036 provides that !mplementing Rules and P.D. 1036 provides that !mplementing Rules and
Regulations shall be formulated by the DPWH Regulations shall be formulated by the DPWH
&ecretary &ecretary
- - Then DPWH &ecretary &oriquez has signed the Then DPWH &ecretary &oriquez has signed the
revised !RR revised !RR
- - P.D. 1036 provides that the !RR shall take effect P.D. 1036 provides that the !RR shall take effect
after their publication once a week for three after their publication once a week for three
consecutive weeks in a newspaper of general consecutive weeks in a newspaper of general
circulation circulation
- - !RR has been published in the Nanila &tandard !RR has been published in the Nanila &tandard
on April 1, 8 and 1S on April 1, 8 and 1S
- - Without an injunction, the !RR will now be in Without an injunction, the !RR will now be in
effect effect
Overlap Among Professions Overlap Among Professions
- - Doctors, Nidwives, Nurses, Dentists, Nutritionists Doctors, Nidwives, Nurses, Dentists, Nutritionists
and Dietitians, Optometrists and Dietitians, Optometrists
- - Lawyers, Accountants, Criminologists, Customs Lawyers, Accountants, Criminologists, Customs
Brokers Brokers
- - Nechanical Engineers, Electrical Engineers, Nechanical Engineers, Electrical Engineers,
Electronics and Communications Engineers Electronics and Communications Engineers
- - Architects, !nterior Designers, Landscape Architects, !nterior Designers, Landscape
Architects Architects
- - Civil Engineers, Architects, &anitary Engineers, Civil Engineers, Architects, &anitary Engineers,
Ceodetic Engineers, Naster Plumbers, Ceodetic Engineers, Naster Plumbers,
Agricultural Engineers, Environmental Planners Agricultural Engineers, Environmental Planners
- - Nany Others Nany Others
Overlap Among Professions Overlap Among Professions
(&ome Examples) (&ome Examples)
- - The act of delivering a baby could The act of delivering a baby could
constitute the practice of medicine, constitute the practice of medicine,
midwifery or nursing, depending on which midwifery or nursing, depending on which
professional carries out the delivery professional carries out the delivery
- - The act of preparing an opinion on a The act of preparing an opinion on a
question of tax law could constitute the question of tax law could constitute the
practice of law or accounting, depending practice of law or accounting, depending
on which professional is the author of the on which professional is the author of the
opinion or document opinion or document
Overlap Among Professions Overlap Among Professions
(&ome Examples) (&ome Examples)
- - The act of preparing designs, plans and The act of preparing designs, plans and
specifications for the interior of a building specifications for the interior of a building
could constitute the practice of could constitute the practice of
architecture or interior design, depending architecture or interior design, depending
on which professional prepared the on which professional prepared the
documents documents
- - The act of preparing designs, plans and The act of preparing designs, plans and
specifications for a building could specifications for a building could
constitute the practice of architecture or constitute the practice of architecture or
civil engineering, depending on which civil engineering, depending on which
professional prepared the documents professional prepared the documents
Revisiting the Revised !RR Revisiting the Revised !RR
- - &ection 302.4 &ection 302.4 Architectural Plans/Drawings Architectural Plans/Drawings
-- vicinity Nap/Location Plan vicinity Nap/Location Plan
-- &ite Development Plan &ite Development Plan
-- Perspective Perspective
-- Floor Plans Floor Plans
-- Elevations Elevations
-- &ections &ections
-- Reflected Ceiling Plan Reflected Ceiling Plan
-- Details, in the form of plans, elevations/sections Details, in the form of plans, elevations/sections
-- &chedule of Doors and Windows &chedule of Doors and Windows
-- &chedule of Finishes &chedule of Finishes
-- Details of other major architectural elements Details of other major architectural elements
- - Architectural !nteriors/!nterior Design Architectural !nteriors/!nterior Design
- - Plans and &pecific Locations of Accessibility Facilities Plans and &pecific Locations of Accessibility Facilities
- - Fire &afety Documents Fire &afety Documents
- - Other Related Documents Other Related Documents
Revisiting the Revised !RR Revisiting the Revised !RR
- - &ection 302.S &ection 302.S -- Civil Engineering Civil Engineering
Documents Documents
-- &ite Development Plan &ite Development Plan
-- &tructural Plans &tructural Plans
-- &tructural Analysis and Design &tructural Analysis and Design
-- Boring and Load Tests Boring and Load Tests
-- &eismic Analysis &eismic Analysis
-- Other related documents Other related documents
Correct List of Civil Engineering Documents Correct List of Civil Engineering Documents
- - &ection 302.S &ection 302.S -- Civil Engineering Documents Civil Engineering Documents
-- vicinity Nap/Location Plan vicinity Nap/Location Plan
-- Building Plans Building Plans
- - Perspective Perspective
- - Floor Plans Floor Plans
- - Elevations Elevations
- - &ections &ections
- - Reflected Ceiling Plan Reflected Ceiling Plan
- - Details, in the form of plans, elevations/sections Details, in the form of plans, elevations/sections
- - &chedule of Doors and Windows &chedule of Doors and Windows
- - &chedule of Finishes &chedule of Finishes
- - &tructural Plans &tructural Plans
-- &ite Development Plan &ite Development Plan
-- &tructural Analysis and Design &tructural Analysis and Design
-- Boring and Load Tests Boring and Load Tests
-- &eismic Analysis &eismic Analysis
-- Other related documents Other related documents
Revised !RR is in Error Revised !RR is in Error
- - Revised !RR is in error by limiting civil engineering Revised !RR is in error by limiting civil engineering
documents" to those enumerated in &ection 302.S. documents" to those enumerated in &ection 302.S.
- - Revised !RR is in error by not including the documents Revised !RR is in error by not including the documents
enumerated in &ection 302.4 in the list of civil enumerated in &ection 302.4 in the list of civil
engineering documents" in &ection 302.S. engineering documents" in &ection 302.S.
- - The documents enumerated in &ection 302.4 are not The documents enumerated in &ection 302.4 are not
generically architectural documents". generically architectural documents".
- - The documents enumerated in &ection 302.4 are The documents enumerated in &ection 302.4 are
Architectural Documents" only if prepared, signed and Architectural Documents" only if prepared, signed and
sealed by an Architect sealed by an Architect
- - The documents enumerated in &ection 302.4 are Civil The documents enumerated in &ection 302.4 are Civil
Engineering Documents" if they are prepared, signed Engineering Documents" if they are prepared, signed
and sealed by a Civil Engineer and sealed by a Civil Engineer
Revised !RR is in Error Revised !RR is in Error
- - Civil Engineers have been preparing, signing and sealing Civil Engineers have been preparing, signing and sealing
building designs, plans and specifications not only for building designs, plans and specifications not only for
the past S0 years (life of RA S44) but even before the the past S0 years (life of RA S44) but even before the
professions or Architecture and Civil Engineering were professions or Architecture and Civil Engineering were
regulated regulated
- - The preparation, signing and sealing of building designs, The preparation, signing and sealing of building designs,
plans and specifications is part of the practice of Civil plans and specifications is part of the practice of Civil
Engineering by law, history and tradition Engineering by law, history and tradition
- - This right of Civil Engineers to prepare, sign and seal This right of Civil Engineers to prepare, sign and seal
building designs, plans and specifications has never been building designs, plans and specifications has never been
legally challenged, up to the present legally challenged, up to the present
- - There has never been any case filed or legal judgment There has never been any case filed or legal judgment
rendered that this practice of Civil Engineers has had any rendered that this practice of Civil Engineers has had any
adverse effect to any person or has been harmful to adverse effect to any person or has been harmful to
public welfare public welfare
Revised !RR is in Error Revised !RR is in Error
- - The only parties affected by this practice are Architects The only parties affected by this practice are Architects
who are forced to compete with Civil Engineers in the who are forced to compete with Civil Engineers in the
open market open market
- - The purpose of regulatory laws is to protect the public The purpose of regulatory laws is to protect the public
and not any particular profession and not any particular profession
- - RA 3266 is irrelevant to this issue which is concerned RA 3266 is irrelevant to this issue which is concerned
only with the practice of Civil Engineering only with the practice of Civil Engineering
- - RA 3266 affects only the profession of Architecture and RA 3266 affects only the profession of Architecture and
not Civil Engineering (&ection 43) not Civil Engineering (&ection 43)
- - RA 3266 has not repealed RA S44 (&ection 47) RA 3266 has not repealed RA S44 (&ection 47)
- - RA 3266 has not removed the preparation, signing and RA 3266 has not removed the preparation, signing and
sealing of building designs, plans and specifications from sealing of building designs, plans and specifications from
the practice of Civil Engineering the practice of Civil Engineering
Revised !RR is Biased Revised !RR is Biased
in Favor of Architects in Favor of Architects
- - Revised !RR confers the position of Prime Revised !RR confers the position of Prime
Professional to Architects, without any legal basis Professional to Architects, without any legal basis
- - Revised !RR conveniently invokes the Principle of Revised !RR conveniently invokes the Principle of
Overlap of Architecture with the profession of Overlap of Architecture with the profession of
!nterior Design with regards to preparation, !nterior Design with regards to preparation,
signing and sealing of designs, plans and signing and sealing of designs, plans and
specifications for building interiors specifications for building interiors
- - Revised !RR totally disregards the Principle of Revised !RR totally disregards the Principle of
Overlap of Architecture with the profession of Civil Overlap of Architecture with the profession of Civil
Engineering with regards to preparation, signing Engineering with regards to preparation, signing
and sealing of designs, plans and specifications and sealing of designs, plans and specifications
for Buildings for Buildings
Cuidelines in Preparing Building Designs, Cuidelines in Preparing Building Designs,
Plans and &pecifications by Civil Engineers Plans and &pecifications by Civil Engineers
- - While the Old !RR allows Civil Engineers to sign and seal While the Old !RR allows Civil Engineers to sign and seal
Architectural plans and documents, this is not advisable Architectural plans and documents, this is not advisable
to avoid possible conflict with RA 3266 to avoid possible conflict with RA 3266
- - Label all plans, specifications and other documents Civil Label all plans, specifications and other documents Civil
Engineering" before signing and sealing them (Do not Engineering" before signing and sealing them (Do not
sign and seal any plan or document labeled sign and seal any plan or document labeled
Architectural", or any other profession) Architectural", or any other profession)
- - Place the title Civil Engineer" under your name and Place the title Civil Engineer" under your name and
signature when signing plans, specifications and other signature when signing plans, specifications and other
documents (Do not sign in any space that contains the documents (Do not sign in any space that contains the
title Architect", or any other profession, whether in the title Architect", or any other profession, whether in the
plans, documents, application for permit, or the permit plans, documents, application for permit, or the permit
itself) itself)
- - !f a Civil Engineer signs a plan labeled Architectural !f a Civil Engineer signs a plan labeled Architectural
Plans", or signs in a space containing the title Plans", or signs in a space containing the title
Architect", he could be charged with practicing Architect", he could be charged with practicing
Architecture and with violating RA 3266. Architecture and with violating RA 3266.
P!CE has obtained Preliminary P!CE has obtained Preliminary
!njunction from Nanila RTC !njunction from Nanila RTC
- - P!CE obtained 72 hour Temporary Restraining P!CE obtained 72 hour Temporary Restraining
Order (TRO) against implementation of Revised Order (TRO) against implementation of Revised
!RR first week of Nay, 200S !RR first week of Nay, 200S
- - P!CE obtained 20 P!CE obtained 20day TRO second week of Nay, day TRO second week of Nay,
200S 200S
- - P!CE obtained Preliminary !njunction on Nay 24, P!CE obtained Preliminary !njunction on Nay 24,
200S 200S
- - Preliminary !njunction has no expiry date and Preliminary !njunction has no expiry date and
means that implementation of the Revised !RR is means that implementation of the Revised !RR is
stopped until the issues raised by P!CE are stopped until the issues raised by P!CE are
resolved resolved
Preliminary !njunction Recognizes Preliminary !njunction Recognizes
!ssue Raised by P!CE !ssue Raised by P!CE
- - Dispositive paragraph of Preliminary !njunction Dispositive paragraph of Preliminary !njunction
states: states:
Both the petitioner and respondent are one that one Both the petitioner and respondent are one that one
cannot be deprived of the right to work and the right cannot be deprived of the right to work and the right
to make a living because these rights are property to make a living because these rights are property
rights. !t is not disputed that prior to the issuance of rights. !t is not disputed that prior to the issuance of
the questioned !RR, petitioners, as civil engineers, the questioned !RR, petitioners, as civil engineers,
were exercising the subject rights pursuant to R.A. were exercising the subject rights pursuant to R.A.
S44 and P.D. 1036 as well as Ninistry Order S7 which S44 and P.D. 1036 as well as Ninistry Order S7 which
the subject !RR would now remove from them. !t is a the subject !RR would now remove from them. !t is a
legal truism that 'the spring cannot rise higher than legal truism that 'the spring cannot rise higher than
its source'. At this stage of the proceedings, it would its source'. At this stage of the proceedings, it would
appear that the new !RR goes beyond the laws it appear that the new !RR goes beyond the laws it
seeks to implement." seeks to implement."
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - DPWH, through &olicitor Ceneral, submitted DPWH, through &olicitor Ceneral, submitted
their answer on ]une 17, 200S their answer on ]une 17, 200S
- - &ections 2 and 23 of RA S44 does not state in &ections 2 and 23 of RA S44 does not state in
clear and unequivocal terms that civil engineers clear and unequivocal terms that civil engineers
can prepare, sign and seal architectural can prepare, sign and seal architectural
documents documents
- - Only under &ection 302 of PD 1036 and &ection Only under &ection 302 of PD 1036 and &ection
3.2 of Ninistry Order S7 that the right of civil 3.2 of Ninistry Order S7 that the right of civil
engineers to prepare, sign and seal architectural engineers to prepare, sign and seal architectural
plans was recognized and expressly granted. plans was recognized and expressly granted.
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - &ection 302 of PD 1036 and &ection 3.2 of &ection 302 of PD 1036 and &ection 3.2 of
Ninistry Order S7 have been repealed by Ninistry Order S7 have been repealed by
&ections 20, 2S and 23 of RA 3266, the &ections 20, 2S and 23 of RA 3266, the
Architecture Act of 2004" Architecture Act of 2004"
- - Assuming arguendo that &ections 2 and Assuming arguendo that &ections 2 and
23 of RA S44 include the preparation of 23 of RA S44 include the preparation of
architectural documents, said provision architectural documents, said provision
has likewise been repealed by RA 3266 has likewise been repealed by RA 3266
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - RA 3266 was approved on Narch 17, 2004 RA 3266 was approved on Narch 17, 2004
while RA S44, PD 1036 and Ninistry Order while RA S44, PD 1036 and Ninistry Order
S7 were approved in 13S0, 1377 and S7 were approved in 13S0, 1377 and
1378, respectively. 1378, respectively.
- - !n case of irreconcilable conflict between !n case of irreconcilable conflict between
two laws, the later enactment must two laws, the later enactment must
prevail. prevail.
- - That RA 3266 has repealed the other laws That RA 3266 has repealed the other laws
is evident from &ection 46 of RA 3266. is evident from &ection 46 of RA 3266.
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - PD 1036 is a general law as it deals with PD 1036 is a general law as it deals with
the practice of various professions, while the practice of various professions, while
RA 3266 is a special law because it deals RA 3266 is a special law because it deals
exclusively with the practice of exclusively with the practice of
architecture. architecture.
- - !t is a finely !t is a finelyimbedded principle that a imbedded principle that a
special provision of law prevails over a special provision of law prevails over a
general one. general one.
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - The Revised !RR did not amend nor The Revised !RR did not amend nor
supplant the laws promulgated by the supplant the laws promulgated by the
legislature. legislature.
- - The Revised !RR is consistent and in The Revised !RR is consistent and in
harmony with the pertinent provisions of harmony with the pertinent provisions of
RA 3266. RA 3266.
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - !t is erroneous to claim that the Revised !t is erroneous to claim that the Revised
!RR is null and void because it gives !RR is null and void because it gives
architects the exclusive right to prepare, architects the exclusive right to prepare,
sign and seal architectural documents. sign and seal architectural documents.
- - !t is the legislature by virtue of RA 3266 !t is the legislature by virtue of RA 3266
which gives duly licensed architects the which gives duly licensed architects the
exclusive right to prepare, sign and seal exclusive right to prepare, sign and seal
architectural documents. architectural documents.
nderstanding RA 3266 nderstanding RA 3266
- - &ection 20. &eal, !ssuance and se of &eal. &ection 20. &eal, !ssuance and se of &eal. -- A A
duly licensed architect duly licensed architect shall affix the seal shall affix the seal
prescribed by the Board bearing the registrant's prescribed by the Board bearing the registrant's
name, registration number and the title name, registration number and the title
Architect" on Architect" on all architectural plans, all architectural plans,
drawings, specifications drawings, specifications and all other and all other
contract documents prepared by or under his/her contract documents prepared by or under his/her
direct supervision. direct supervision.
nderstanding RA 3266 nderstanding RA 3266
- - &ection 20(2) &ection 20(2) -- No officer or employee of this No officer or employee of this
Republic, chartered cities, provinces and Republic, chartered cities, provinces and
municipalities, now or hereafter charged with the municipalities, now or hereafter charged with the
enforcement of laws, ordinances or regulations enforcement of laws, ordinances or regulations
relating to the construction or alteration of relating to the construction or alteration of
buildings, shall accept or approve any architectural buildings, shall accept or approve any architectural
plans or specifications which have not been plans or specifications which have not been
prepared and submitted in full accord with all the prepared and submitted in full accord with all the
provisions of this Act, nor shall any payments be provisions of this Act, nor shall any payments be
approved by any officer for any work, the plans approved by any officer for any work, the plans
and specifications for which have not been so and specifications for which have not been so
prepared and signed and sealed by the author. prepared and signed and sealed by the author.
nderstanding RA 3266 nderstanding RA 3266
- - &ection 20(S) &ection 20(S) -- All All architectural plans, architectural plans,
designs, drawings designs, drawings and and architectural architectural
documents documents relative to the construction of a relative to the construction of a
building shall bear the seal and signature building shall bear the seal and signature only only
of an architect of an architect registered and licensed registered and licensed
under this Act together with his/her professional under this Act together with his/her professional
identification number and the date of its identification number and the date of its
expiration. expiration.
nderstanding RA 3266 nderstanding RA 3266
- - &ection 2S &ection 2S -- No person shall No person shall practice practice
architecture architecture in this country, or in this country, or engage in engage in
preparing architectural plans, specifications preparing architectural plans, specifications
or preliminary data for the erection or or preliminary data for the erection or
alteration of any building alteration of any building located within the located within the
boundaries of this country, or boundaries of this country, or use the title use the title
Architect" Architect", or , or display the word Architect" display the word Architect"
together with another word together with another word, or , or use any title, use any title,
sign, card, advertisement, or other devise to sign, card, advertisement, or other devise to
indicate such person practices or offers to indicate such person practices or offers to
practice architecture, or is an architect practice architecture, or is an architect, ,
unless such person shall have received from the unless such person shall have received from the
Board a Certificate of Registration and be issued a Board a Certificate of Registration and be issued a
Professional !dentification Card." Professional !dentification Card."
nderstanding RA 3266 nderstanding RA 3266
- - &ection 23 &ection 23 -- Prohibition in the Practice of Prohibition in the Practice of
Architecture and Penal Clause. Architecture and Penal Clause. -- Any person Any person
who shall practice or offer to practice who shall practice or offer to practice
architecture in the Philippines without being architecture in the Philippines without being
registered/licensed and who are not holders of registered/licensed and who are not holders of
temporary or special permits in accordance with temporary or special permits in accordance with
the provisions of this Act . shall be guilty of the provisions of this Act . shall be guilty of
misdemeanor and charged in court by the misdemeanor and charged in court by the
Commission. Commission.
Exclusive to Architects Exclusive to Architects
- - Practice architecture in the Philippines Practice architecture in the Philippines
- - Engage in preparing architectural plans, Engage in preparing architectural plans,
specifications or preliminary data for the specifications or preliminary data for the
erection or alteration of any building erection or alteration of any building
located within the boundaries of the located within the boundaries of the
#hilippines #hilippines
- - se the title Architect" se the title Architect"
- - Display the word Architect" together with another word Display the word Architect" together with another word
- - Display or use any title, sign, card, advertisement, or Display or use any title, sign, card, advertisement, or
other device to indicate such person practices or offers other device to indicate such person practices or offers
to practice architecture, or is an architect to practice architecture, or is an architect
Revisiting PD 1036 and Ninistry Revisiting PD 1036 and Ninistry
Order No. S7 Order No. S7
- - &ection 302 of P.D. 1036 and &ection 3.2 &ection 302 of P.D. 1036 and &ection 3.2
of Ninistry Order No. S7 (Old !RR) of Ninistry Order No. S7 (Old !RR)
requires the submittal to the Building requires the submittal to the Building
Official of five (S) sets of plans and Official of five (S) sets of plans and
specifications prepared, signed and sealed specifications prepared, signed and sealed
by a duly licensed by a duly licensed architect or civil architect or civil
engineer, in case of architectural and engineer, in case of architectural and
structural plans. structural plans.
Revisiting &ection 2 of RA S44 Revisiting &ection 2 of RA S44
- - &ection 2, RA S44 &ection 2, RA S44 -- The practice of civil The practice of civil
engineering within the meaning and intent of engineering within the meaning and intent of
this Act shall embrace services in the form of this Act shall embrace services in the form of
consultation, design, consultation, design, preparation of plans, preparation of plans,
specifications specifications, estimates, erection, , estimates, erection,
installation and supervision of construction installation and supervision of construction of of
streets, bridges, highways, railroads, airports streets, bridges, highways, railroads, airports
and hangars, portworks, canals, river and shore and hangars, portworks, canals, river and shore
improvements, lighthouses, and dry docks, improvements, lighthouses, and dry docks,
buildings buildings, fixed structures for irrigation, flood , fixed structures for irrigation, flood
protection, drainage, water supply and sewerage protection, drainage, water supply and sewerage
works, demolition of permanent structures, and works, demolition of permanent structures, and
tunnels." tunnels."
Revisiting &ection 23 of RA S44 Revisiting &ection 23 of RA S44
- - &ection 23, RA S44 &ection 23, RA S44 -- !t shall be unlawful for any person !t shall be unlawful for any person
to order or otherwise cause the construction, to order or otherwise cause the construction,
reconstruction, or alteration of any reconstruction, or alteration of any building building or or
structure intended for public gathering or assembly such structure intended for public gathering or assembly such
as theaters, cinematographs, stadia, churches or as theaters, cinematographs, stadia, churches or
structures of like nature, and any other engineering structures of like nature, and any other engineering
structures mentioned in section two of this Act unless structures mentioned in section two of this Act unless
the the designs, plans and specifications designs, plans and specifications of the of the
same have been same have been prepared prepared under the responsible under the responsible
charge of, and charge of, and signed and sealed by a signed and sealed by a
registered civil engineer registered civil engineer, and unless the , and unless the
construction, reconstruction and/or alteration thereof are construction, reconstruction and/or alteration thereof are
executed under the responsible charge and direct executed under the responsible charge and direct
supervision of a Civil Engineer." supervision of a Civil Engineer."
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - The DPWH answer presumes that the The DPWH answer presumes that the
P!CE case is that civil engineers can P!CE case is that civil engineers can
prepare, sign and seal architectural plans prepare, sign and seal architectural plans
and documents". and documents".
- - The P!CE case is: The P!CE case is: Civil Engineers Civil Engineers
should not be prevented from should not be prevented from
practicing civil engineering which practicing civil engineering which
includes preparing, signing and includes preparing, signing and
sealing building plans and sealing building plans and
documents. documents.
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - !t is immaterial whether PD 1036 and Ninistry !t is immaterial whether PD 1036 and Ninistry
Order NO. S7 has been repealed by RA 3266 Order NO. S7 has been repealed by RA 3266
because it is RA S44 (not PD 1036) that gives because it is RA S44 (not PD 1036) that gives
civil engineers the right to prepare, sign and seal civil engineers the right to prepare, sign and seal
building plans building plans
- - RA 3266 has not repealed &ections 2 and 23 of RA 3266 has not repealed &ections 2 and 23 of
RA S44 because these sections are not RA S44 because these sections are not
inconsistent with RA 3266 as they do not state inconsistent with RA 3266 as they do not state
that civil engineers can prepare, sign and seal that civil engineers can prepare, sign and seal
architectural plans or documents" (There is architectural plans or documents" (There is
nothing to repeal). nothing to repeal).
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - &ections 2 and 23 of RA S44 clearly states &ections 2 and 23 of RA S44 clearly states
that the preparation, signing and sealing that the preparation, signing and sealing
of building plans" are within the scope of of building plans" are within the scope of
practice of civil engineering. practice of civil engineering.
- - Therefore, the P!CE case hinges on the Therefore, the P!CE case hinges on the
proper interpretation of the term building proper interpretation of the term building
plans". plans".
- - The P!CE position is that the term The P!CE position is that the term
building plans" include all plans of building plans" include all plans of
buildings. buildings.
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - Architects claim that the term building Architects claim that the term building
plans" in RA S44 means structural plans" in RA S44 means structural
building plans" building plans"
- - !f this is the case, why is that not what is !f this is the case, why is that not what is
stated? stated?
- - !f this is the case, why is it that civil !f this is the case, why is it that civil
engineers have been preparing, signing engineers have been preparing, signing
and sealing complete building plans" for and sealing complete building plans" for
thousands of years, without any legal thousands of years, without any legal
challenge? challenge?
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - The DPWH answer is totally dependent on The DPWH answer is totally dependent on
the premise that RA 3266 is relevant to this the premise that RA 3266 is relevant to this
case. case.
- - This will only be true if the case is about This will only be true if the case is about
the practice of architecture. the practice of architecture.
- - The P!CE case is The P!CE case is not about the practice not about the practice
of architecture but about the practice of architecture but about the practice
of civil engineering. of civil engineering.
- - Therefore, Therefore, RA 3266 is irrelevant, and RA 3266 is irrelevant, and
the applicable law is RA S44. the applicable law is RA S44.
RA 3266 Cannot ]ustify the Revised !RR RA 3266 Cannot ]ustify the Revised !RR
- - &ection 43, RA 3266 &ection 43, RA 3266 -- This Act shall not be This Act shall not be
construed to affect or prevent the practice of any construed to affect or prevent the practice of any
other legally recognized profession." other legally recognized profession."
-- RA 3266 does not affect the scope of practice of Civil RA 3266 does not affect the scope of practice of Civil
Engineering Engineering
- - &ection 46 of RA 3266 &ection 46 of RA 3266 Republic Act No. S4S, as Republic Act No. S4S, as
amended by Republic Act No. 1S81, is hereby amended by Republic Act No. 1S81, is hereby
repealed and all other laws, orders and regulations repealed and all other laws, orders and regulations
or resolutions or part/s thereof inconsistent with or resolutions or part/s thereof inconsistent with
the provisions of this Act are hereby repealed or the provisions of this Act are hereby repealed or
modified accordingly" does not repeal or modify RA modified accordingly" does not repeal or modify RA
S44 for the following reasons: S44 for the following reasons:
-- No provision of RA S44 is inconsistent with RA 3266, No provision of RA S44 is inconsistent with RA 3266,
because RA S44 does not authorize civil engineers to because RA S44 does not authorize civil engineers to
prepare, sign and seal architectural plans and prepare, sign and seal architectural plans and
documents documents
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - DPWH answer acknowledges that the DPWH answer acknowledges that the
direct consequence of the revised !RR is direct consequence of the revised !RR is
to deprive more than a hundred thousand to deprive more than a hundred thousand
civil engineers of their right to earn a civil engineers of their right to earn a
living which has been vested upon them living which has been vested upon them
for more than fifty years now. for more than fifty years now.
- - DPWH answer cites the principle of dura DPWH answer cites the principle of dura
lex sed lex (The law is harsh but the law is lex sed lex (The law is harsh but the law is
still the law). still the law).
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - The P!CE position is that all existing laws must The P!CE position is that all existing laws must
be enforced, including RA 3266, PD 1036 and RA be enforced, including RA 3266, PD 1036 and RA
S44. S44.
- - The DPWH position is correct only if RA 3266 is The DPWH position is correct only if RA 3266 is
the applicable law to this case. the applicable law to this case.
- - !f RA S44 is the applicable law, then the revised !f RA S44 is the applicable law, then the revised
!RR deprives civil engineers of a right vested !RR deprives civil engineers of a right vested
upon them by law. upon them by law.
- - &ince the P!CE case is about the practice of civil &ince the P!CE case is about the practice of civil
engineering and not the practice of architecture, engineering and not the practice of architecture,
the relevant law is RA S44. the relevant law is RA S44.
DPWH Answer to Preliminary DPWH Answer to Preliminary
!njunction !njunction
- - DPWH answer states that laws are DPWH answer states that laws are
adopted to make sure that the plans adopted to make sure that the plans
specifications and other documents to be specifications and other documents to be
submitted for the issuance of a building submitted for the issuance of a building
permit are prepared, signed and sealed by permit are prepared, signed and sealed by
competent professionals who possess the competent professionals who possess the
required skills, knowledge and expertise required skills, knowledge and expertise
on the matter to safeguard life, health, on the matter to safeguard life, health,
property and public welfare. property and public welfare.
Why DPWH Answer is Wrong Why DPWH Answer is Wrong
- - Civil Engineers have prepared, signed and sealed Civil Engineers have prepared, signed and sealed
building plans for thousands of years, with building plans for thousands of years, with
distinction distinction
- - There has never been a legal challenge, much less There has never been a legal challenge, much less
a decision, questioning this right of civil engineers a decision, questioning this right of civil engineers
- - There has never been a single case, much less a There has never been a single case, much less a
decision, that civil engineers are a threat to life, decision, that civil engineers are a threat to life,
health, property or public welfare health, property or public welfare
- - !t is an insult to the civil engineering profession to !t is an insult to the civil engineering profession to
question the competence of civil engineers to question the competence of civil engineers to
prepare, sign and seal building plans prepare, sign and seal building plans
- - !t is an insult to the civil engineering profession to !t is an insult to the civil engineering profession to
accuse civil engineers of being threats to life, accuse civil engineers of being threats to life,
health, property or public welfare health, property or public welfare
Conclusion Conclusion
- - Civil Engineers cannot practice architecture Civil Engineers cannot practice architecture
- - Architects cannot practice civil engineering Architects cannot practice civil engineering
- - When a Civil Engineer prepares, signs and seals When a Civil Engineer prepares, signs and seals
building plans, he is practicing Civil Engineering, building plans, he is practicing Civil Engineering,
not Architecture not Architecture
- - The only law applicable relevant to Civil The only law applicable relevant to Civil
Engineers is RA S44. Engineers is RA S44.
- - RA 3266 is irrelevant because it affects only the RA 3266 is irrelevant because it affects only the
practice of Architecture, not Civil Engineering practice of Architecture, not Civil Engineering
- - The Revised !RR prevents Civil Engineers from The Revised !RR prevents Civil Engineers from
practicing Civil Engineering practicing Civil Engineering