CE LAWS ETHICS AND

CONTRACTS

WEEK 2 LECTURE
 THE CIVIL ENGINEERING LAW
AND OTHER ASSOCIATED LAWS,
REGULATIONS AND CODES IN THE
PHILIPPINES
THE FOLLOWING ARE THE LAWS, REGULATIONS AND CODES THAT WILL BE DISCUSSED ON THIS
LECTURE:
• REPUBLIC ACT NO. 544 (AMENDED BY REPUBLIC ACT 1582): THE CIVIL ENGINEERING LAW
• PHILIPPINE DECREE NO. 1096: NATIONAL BUILDING CODE

THE STUDENT CAN DO FURTHER READING ON THE FOLLOWING LAW AND RELATE THEM TO
THE PRACTICE OF CIVIL ENGINEERING:
• National Structural Code of the Philippines 2015 (IMPORTANT PROVISIONS ONLY)
• Republic Act No. 10912: Continuing Professional Development Act of 2016
• Presidential Decree 442 as amended: Labor Code of the Philippines
• Presidential Decree 851: 13th Month Pay Law
• Republic Act No. 8282: The Social Security Act of 1997
• Republic Act No. 7875: The National Health Insurance Act of 1996
• Employee’s Compensation Program
• Republic Act No. 8972: Solo Parent Welfare Act of 2000
• Republic Act No. 8291: Government Service Insurance System (GSIS) Act of 1997
• Republic Act No. 7699: Portability Law
• Republic Act No. 386: Civil Code of the Philippines
• Republic Act No. 11261: First Time Jobseekers Assistance Act
 REPUBLIC ACT NO. 544 (JUNE 17, 1950):
AN ACT TO REGULATE THE PRACTICE OF CIVIL
ENGINEERING IN THE PHILIPPINES
ARTICLE I. -  Title of the Act and Definition of Terms
Section 1. Title of Act. - This act shall be known as the "Civil
Engineering Law."
Section 2. Definition of terms. -
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 the
construction of streets,
bridges, highways, railroads, airports and hangars, port-
works, 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. The
enumeration of any work in this section shall not be construed
as excluding any other work requiring civil engineering
knowledge and application.

b. The term "civil engineering" as used in this Act shall

mean a person duly registered with the Board of Examiners
for Civil Engineers in the manner as hereinafter provided.
Civil engineers are allowed to perform services in the form of
consultation, design, preparation of plans, specifications,
estimates, erection, installation and supervision on the
construction of:
• Streets, Bridges, Highways and railroads, Airports and
hangars
• Port-works, 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, Tunnels
According to the CE Law, “The enumeration of
any work in this section shall not be construed as
excluding any other work requiring civil
engineering knowledge and application.”

What does this mean?

Give other examples of work that not specified in
Section 2.a. of the R.A. 544 that requires
knowledge and application of Civil Engineering
knowledge.
Communication Towers (Or Transmission Towers)
Oil and Gas Facilities
Power Generation
 A Civil Engineer is a person duly registered with
the Board of Examiners for Civil Engineers (R.A.
544 Section 2b).
 ARTICLE II. -  Board of Examiners for Civil Engineers
Section 3. Composition of Board. -Within thirty days after
the approval of this Act there shall be created a Board of
Examiners for Civil Engineers, hereinafter referred to as the
Board, to be composed of a chairman and two members
who shall be appointed by the Secretary of Public Works
and Communications. The members of the Board shall hold
office for a term of three years after appointment or until their
successors shall have been appointed and shall have duly
qualified. The first members of the Board appointed under this
Act shall hold office for the following terms: One member for
one year; one member for two years; and one member for
three years.
Each member of the Board shall qualify by taking the proper
oath of office before entering upon the performance of his
duties. Any member of the Board may be removed by the
Secretary of Public Works and Communication for neglect of
duty, incompetency, malpractice, unprofessional,
unethical, immoral, or dishonorable conduct, after having
been given opportunity to defend himself in a proper
administrative investigation: Provided, That during the
process of investigation and shall appoint a temporary
member in his place. Vacancies in the Board shall be filled for
the unexpired term only.
There are 3 Members of the Board of Examiners
for Civil Engineers:
1. Chairman
2. Member
3. Member
Appointed by the Secretary of Public Works and
Communications.
As of 2023, the Board of Examiners for Civil
Engineers are:
1. Engr. Praxedes Bernardo – Chairman
2. Engr. Pericles P. Dakay – Member
3. Engr. Romeo A. Estañero - Member
Section 4. Powers and duties of the Board. - The Board of
Examiners for Civil Engineering for Civil Engineers is vested
with authority, conformable with the provisions of this Act, to
administer oaths, issue, suspend and revoke certificates
of registration for the practice of civil engineering, issue
certificates of recognition to civil engineers already
registered under this Act for advance studies, research,
and/or highly specialized training in any branch of civil
engineering, subject to the approval of the Secretary of
Public Works and Communications, to investigate such
violations of this Act and regulations, thereunder as may
come to the knowledge of the Board and, for this purpose,
issue subpoena and subpoena duces tecum to secure
appearance of witnesses in connection with the charges
presented to the Board, to inspect at least once a year
educational institutions offering courses in civil engineering,
civil engineering works, projects or corporations, established
in the Philippines and for safe-guarding of life, health and
property, to discharge such other powers and duties as may
affect ethical an technological standards of the civil
engineering profession in the Philippines. For the purpose of
this Act, the Director of Public Works and/or his authorized
representative in the provinces and chartered cities shall
be ex-officio agents of the Board and as such it shall be their
duty to help in the enforcement of the provisions of this Act.
The Board may, with the approval of the Secretary of Public
Works and Communications, issue such rules and regulations
as may be deemed necessary to carry out the provisions of
this Act. The Board shall also adopt a code of ethics in the
practice of civil engineering and have an official seal to
authenticate its official documents.
Section 5. Qualifications of Board members. - Each member
of the Board shall, at the time of his appointment:
a. Be a citizen and resident of the Philippines;
b. Be at least thirty years of age and of good moral
character;
c. Be a graduate of civil engineering from a recognized and
legally constituted school, institute, college or university;
d. Be a registered civil engineer duly qualified to practice
civil engineering in the Philippines;
e. Have practiced civil engineering, with a certificate as
such, for a period of not less than ten years prior to his
appointment;
f. Not a member of the faculty of any school, institute,
college or university where civil engineering course is
taught, nor have a pecuniary interest in such institutions;
g. No former members of the faculty of any school, institute
or university where civil engineering is taught can become
a member of the Board unless he had stopped teaching for
at least three consecutive years.
Section 6. Fees and compensation of Board. - The Board of
Examiners for Civil Engineers shall charge for each
application for examination the sum of forty pesos payable to
the collecting and disturbing officer of the Bureau of Civil
Service upon filing of said application for examination, and for
each certificate of registration, twenty pesos. Each member of
the Board shall receive a compensation of five pesos for each
applicant examined. A civil engineer in the service of the
Government of the Republic of the Philippines appointed as
member of the Board shall receive the compensation as
herein provided, in addition to his salary in the Government.
All authorized expenses of the Board, including the
compensation provided for herein, shall be paid by the
collecting and disbursing officer of the Bureau of Civil Service
out of such appropriation as may be made for the purpose.
Section 7. Annual report. - The Board shall, at the end of
each fiscal year, submit to the Secretary of Public Works and
Communications a detailed report of its activities and
proceedings during the period covered by the fiscal year
ended.
 ARTICLE III. -  Examination and Registration
Section 8. Examination requirement. - All applicants for
registration for the practice of civil engineering shall be
required to pass a technical examination as hereinafter
provided.
Section 9. Holding of examination. - Examination of
candidates desiring to practice civil engineering in the
Philippines shall be given in the City of Manila beginning the
second Monday of February and August of each year,
provided that such days do not fall on official holidays,
otherwise the examinations shall be held on the days next
following.
Section 10. Subjects of examination. - Applicants for
certificates of registration as civil engineer shall be examined,
in the discretion of the Board, on the following subjects:
mathematics, including algebra, plane and spherical
trigonometry, analytics, descriptive and solid geometry,
differential and integral calculus, and rational and applied
mechanics; hydraulics; surveying, including highway and
railroad surveying; plane, topographic and hydrographic
surveying, and advance surveying; design and construction of
highways and railroads, masonry structures, wooden and
reinforced concrete buildings, bridges, towers, walls,
foundation, piers, ports, wharves, aqueducts, sanitary
engineering works, water supply systems, dikes, dams, and
irrigation and drainage canals.
Section 11. Executive officer of the Board. - The
Commissioner of the Civil Service shall be executive officer of
the Board and shall conduct the examinations given by said
Board. He shall designate any subordinate officer of the
Bureau of Civil Service to act as the Secretary and custodian
of all records including examination papers and minutes of the
deliberation of the Board.
Section 12. Qualifications for examination. - Any person
applying for admission to the civil engineering examination as
herein provided shall, prior to the date of examination,
establish to the satisfaction of the Board that he has the
following qualifications:
 a. Be at least twenty-one years of age;
b. Be a citizen of the Philippines;
c. Be a good reputation and moral character; and
d. Be a graduate of a four-year course in civil engineering
from a school, institute, college or university recognized by
the Government or the State wherein it is established.
Section 13. Oath of civil engineers. - All successful
candidates in the examination shall be required to take a
professional oath before the Board of Examiners for Civil
Engineers or other Government Officials authorized to
administer oaths, prior to entering upon the practice of the
civil engineering profession.
Section 14. Seal and use of seal. - All registered civil
engineers shall obtain a seal of such design as the Board
shall authorize and direct: Provided, however, That the serial
number of the certificate issued by the Board shall be
included in the design of the seal. Plans and specifications
prepared by, or under the direct supervision of a registered
civil engineer 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 re-issued.
Section 15. Exemption from registration. -
(1) Registration shall not be required of the following
persons:
(a) Officers or enlisted men of the United States and
Philippine Armed Forces, and civilian employees of the
Government of the United Stated stationed in the
Philippines while rendering civil engineering services for
the United States and/or Philippines.
(b) Civil engineers or experts called in by the Philippine
Government for consultation, or specific design and
construction of fixed structures as defined under this Act,
provided that their practice shall be limited to such work.
(2) Any person residing in the Philippines may make plans or
specifications for any of the following:
(a) Any building in chartered cities or in towns with
building ordinances, not exceeding the space
requirements specified therein, requiring the services of
a civil engineer.
(b) Any wooden building enlargement of alteration which
is to be used for farm purposes only and costing not
more than ten thousand pesos.
 (c) Provided, however, That there shall be nothing in this
Act that will prevent any person from constructing his
own (wooden or light material) residential house, utilizing
the services of a person or persons required for that
purpose, without the use of a civil engineer, as long as
he does not violate local ordinances of the place where
the building is to be constructed.
(3) Nor shall anything in this Act prevent draftsmen, student
clerk-of-work, superintendents, and other employees of
those lawfully engaged in the practice of civil engineering
under the provisions of this Act, from acting under the
instruction, control or supervision of their employer.
(4) Nor shall anything in this Act prevent any person who
prior to the approval of this Act have been lawfully engaged
in the practice of "maestro de obras" to continue as such,
provided they shall not undertake the making of plans
supervision for the following classes of work:
(a) Building of concrete whether reinforced or not.
(b) Building of more than two stories.
(c) Building with frames of structural steel.
(d) Building of structures intended for public gathering or
assemblies such as theaters, cinematographs, stadia,
churches or structures of like nature.
(5) Nor shall anything in this Act prevent professional
architect and engineers to practice their professions.
Section 16. Refusal to issue certificate. - The Board of
Examiners for Civil Engineers shall not issue a certificate to
any person convicted by a court of competent jurisdiction of
any criminal offense involving moral turpitude, or to any
person of unsound mind. In the event of a refusal to issue a
certificate to any person, the Board shall give to the applicant
a written statement setting forth its reason for such action,
which statement shall be incorporated in the records of the
Board.
Section 17. Suspension and revocation of certificates. -
Subject to the approval of the Secretary of Public Works and
Communications, the Board shall have the power, after due
notice and hearing, to suspend or revoke the certificate of
registration for any cause mentioned in the preceding section.
Section 18. Re-issue and replacement of certificates. - The
Board may, after the expiration of one year from the date a
certificate of registration is revoked and for reasons it may
deem sufficient, entertain an application for a new certificate
of registration from the registrant concerned. Such application
shall be accomplished in the same form prescribed for
examination, but the Board may, in its discretion, exempt the
applicant from taking the requisite examination.
Section 19. Transitory provisions. - As soon as this Act takes
effect, any person desiring to practice the profession of civil
engineering shall be required to obtain a certificate of
registration in the manner and under the conditions
hereinafter provided.
All civil engineers duly licensed under the provisions of
amended, at the time this Act takes effect, shall be
automatically registered under the provisions
hereof. Certificates of registration held by such persons in
good standing shall have the same force and effect as though
the same have been issued the provisions of this Act.
All graduates in civil engineering from a school, institute,
college, or university recognized by the Government who
have passed the civil service examination for senior civil
engineer and have been practising or employed in the
Government as such during five years are exempted form
taking examination.
ARTICLE IV. - Enforcement of Act and penal provisions
Section 20. Enforcement of the Act by officers of the law. - It
shall be the duty of all duly constituted law officers of the
national, provincial, city and municipal governments, or any
political subdivision thereof, to enforce the provisions of this
Act and to prosecute any person violating the same.
Section 21. Registration required. - Unless exempt from
registration, no person shall practice or offer to practice civil
engineering in the Philippines without having obtained the
proper certificate of registration from the Board of Examines
for Civil Engineers.
Section 22. Penal provisions. - Any person who shall practice
or offer to practice civil engineering in the Philippines without
being registered in accordance with the provisions of this Act
or any person presenting or attempting to use as his own the
certificate of registration of a registered civil engineer, or any
person who shall give any false or forged evidence of any
kind to the Board, or any person who shall impersonate any
registrant civil engineer of different name, or any person who
shall attempt to use a revoked or suspended certificate of
registration, or any person who shall use in connection with
his name or otherwise assume, use or advertise any title or
description tending to convey the impression that he is a civil
engineer, without holding a valid certificate of registration,
or any person who shall violate any of 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 two thousand pesos, or to
suffer imprisonment for a period of not less than six months
nor more than one year, or both, in the discretion of the court.
ARTICLE V. - Miscellaneous provisions
Section 23. Preparation of plans and supervision of
construction by registered civil engineer. - 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
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. Plans and design of structures
must be approved as provided by law or ordinance of a city or
province or municipality where the said structure is to be
constructed.
Section 24. Firms and corporations engaged in civil
engineering practice. - A firm, partnership, corporation, or
association may engage in the practice of civil engineering in
the Philippines provided that such practice is carried out
under the supervision of a civil engineer or civil engineers
holding valid certificates issued by the Board.
No firm, partnership, corporation or association, using the
name of a person or persons as in the name of the firm, shall
advertise as civil engineers unless said person or persons are
registered civil engineers.
REPUBLIC ACT No. 1582 (July 16, 1956)
An Act to Repeal and Replace Section Twenty-Four of
Republic Act Numbered Five Hundred Forty-Four,
Entitled "An Act to Regulate the Practice of Civil
Engineering in the Philippines"
Section 1. Section twenty-four of Republic Act Numbered
Five hundred forty-four is hereby repealed, and in lieu thereof,
the said section shall provide as follows:
"Sec. 24. The practice of civil engineering is a professional
service, admission to which must be determined upon
individual, personal qualifications. Hence, no firm,
partnership, corporation or association may be registered or
licensed as such for the practice of civil
engineering: Provided, However, That persons properly
registered and licensed as civil engineers may, among
themselves or with a person or persons properly registered
and licensed as architects, form, and obtain registration of, a
firm, partnership or association using the term "Engineers" or
"Engineers and Architects," but, nobody shall be a member or
partner of such firm, partnership or association unless he is a
duly licensed civil engineer or architect, and the members
who are civil engineers shall only render work and services
proper for a civil engineer, as defined in this Act, and the
members who are architects shall also only render work and
services proper for an architect, as defined in the law
regulating the practice of architecture; individual members of
such firms, partnership or association shall be responsible for
their own respective acts.
Section 2. This Act shall take effect upon its approval.
Section 25. Reciprocity requirements. - No person who is not
a citizen of the Philippines at the time he applies to take
examination shall be allowed to take it unless he can prove in
the manner provided by the Rules of Court that, by specific
provision of law, the country of which he is a citizen, subject,
or national either admits citizens of the Philippines to the
practice of the same profession without restriction or allows
them to practice it after an examination on terms of strict and
absolute equality with citizens, subjects, or nationals of the
country concerned, including the unconditional recognition of
degrees issued by institutions of learning duly recognized for
the purpose by the Government of the Philippines: 
Provided, That if he is not a citizen of the Philippines after
December 8, 1941, his active practice in that profession,
either in the Philippines or in the state or country where he
was practicing his profession, shall not have been interrupted
for a period of two years or more prior to July 4, 1946, and
that the country or state from which he comes allows the
citizens of the Philippines by specific provision of law, to
practice the same profession without restriction or on terms of
strict and absolute equality with citizens, subjects or nationals
of the country or state concerned.
Section 26. Roster of civil engineers. - A roster showing the
names and places of business of all registered civil engineers
shall be prepared by the Commissioner of Civil Service
periodically but at least once a year. Copies of this roster shall
be placed on file with the Secretary of Public Works and
Communications and furnished to all department heads,
mayors of all chartered cities, to the Director of Public Works,
to such other Bureaus, government entities or agencies and
municipal and provincial authorities as may be deemed
necessary and to the public upon request.
Section 27. Repeal. - All laws, parts of laws, orders,
ordinances, or regulations in conflict with the provisions
hereof; including parts of Act Numbered Twenty-nine hundred
and eighty-five, as amended, as pertains to the practice of
civil engineering, are hereby repealed, except the provisions
of Act Numbered Thirty-one hundred and fifty-nine amending
Act Numbered Twenty-nine hundred and eighty-five,
pertaining to the practice of "maestro de obras"
Section 28. Construction of Act. - if any part or section of this
Act shall be declared unconstitutional, such declaration shall
not invalidate the other provisions hereof.
Section 29. Effectivity. - This Act shall take effect upon its
approval.
 PRESIDENTIAL DECREE NO. 1096 (FEBRUARY 19, 1977):
ADOPTING A NATIONAL BUILDING CODE OF THE
PHILIPPINES (NBCP) THEREBY REVISING REPUBLIC ACT
NUMBERED SIXTY-FIVE HUNDRED FORTY-ONE (R.A. NO.
6541)
WHEREAS, the country’s accelerating economic and physical
development, coupled with urbanization and population
growth, makes imperative the formulation and adoption of a
uniform building code which shall embody up-to-date and
modern technical knowledge on building design, construction,
use, occupancy and maintenance;
WHEREAS, while there is Republic Act No. 6541, entitled “An
Act to Ordain and Institute a National Building Code of the
Philippines”, the same does not conform with the
developmental goals and infrastructure program of the
Government and does not adequately provide for all the
technological requirements of buildings and structures, in
terms of up-to-date design and construction standards and
criteria;
WHEREAS, in the formulation of a new national building
code, it is desire and policy of the Government to avail of and
harness the technical expertise and professional know-how to
men not only in the public but in the private sectors as well.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the revision of
Republic Act. No. 6541 to read as follows:
CHAPTER I
GENERAL PROVISIONS
Section 101. Title.
This Decree shall be known as the “National Building Code of the
Philippines” and shall hereinafter be referred to as the “Code”.
Section 102. Declaration of Policy.
It is hereby declared to be the policy of the State to safeguard life,
health, property, and public welfare, consistent with the principles
of sound environmental management and control; and to this end,
make it the purpose of this Code to provide for all buildings and
structures, a framework of minimum standards and requirements to
regulate and control their location, site, design quality of materials,
construction, use, occupancy, and maintenance.
Section 103. Scope and Application.
(a) The provisions of this Code shall apply to the design, location,
sitting, construction, alteration, repair, conversion, use, occupancy,
maintenance, moving, demolition of, and addition to public and
private buildings and structures, except traditional indigenous
family dwellings as defined herein.
(b) Building and/or structures constructed before the approval of
this Code shall not be affected thereby except when alterations,
additions, conversions or repairs are to be made therein in which
case, this Code shall apply only to portions to be altered, added,
converted or repaired.
Section 104. General Building Requirements.
(a) All buildings or structures as well as accessory facilities thereto
shall conform in all respects to the principles of the safe
construction and must be suited to the purpose for which they are
designed.
(b) Buildings or structures intended to be used for the manufacture
and/or production of any kind of article or product shall observe
adequate environmental safeguards.
(c) Buildings or structures and all parts thereof as well as all
facilities found therein shall be maintained in safe, sanitary and
good working condition.
Section 105. Site Requirements.
The land or site upon which will be constructed any building or
structure, or any ancillary or auxiliary facility thereto, shall be
sanitary, hygienic or safe. In the case of sites or buildings intended
for use as human habitation or abode, the same shall be at a safe
distance, as determined by competent authorities, from streams or
bodies of water and/or sources of air considered to be polluted;
from a volcano or volcanic site and/or any other building
considered to be a potential source of fire or explosion.
Section 106. Definitions.
As used in this Code, the words, terms and phrases enumerated in
Annex “A” hereof shall have the meaning or definition,
correspondingly provided therein.
CHAPTER II
ADMINISTRATION AND ENFORCEMENT
Section 201. Responsibility for Administration and
Enforcement.
The administration and enforcement of the provisions of this Code
including the imposition of penalties for administrative violations
thereof is hereby vested in the Secretary of Public Works,
Transportation and Communications, hereinafter referred to as the
“Secretary”.
Section 202. Technical Staff.
The Secretary is hereby authorized to constitute and provide in his
Department a professional staff composed of highly qualified
architects, engineers and technicians who possess diversified and
professional experience in the field of building design and
construction.
Section 203. General Powers and Functions of the Secretary
under this Code.
For purposes of carrying out the provisions of this Code, the
Secretary shall exercise the following general powers and functions:
(1) Formulate policies, plans, standards and guidelines on building
design, construction, use occupancy and maintenance, in
accordance with this Code.
(2) Issue and promulgate rules and regulations to implement the
provisions of this Code and ensure compliance with policies, plans,
standards and guidelines formulated under paragraph 1 of this
Section.
(3) Evaluate, review, approve and/or take final action on changes
and/or amendments to existing Referral Codes as well as on the
incorporation of other referral codes which are not yet expressly
made part of this Code.
(4) Prescribe and fix the amount of fees and other charges that the
Building Official shall collect in connection with the performance
of regulatory functions.
Section 204. Professional and Technical Assistance.
The Secretary with the assistance of his technical staff shall provide
such professional, technical, scientific and other services including
testing laboratories and facilities as may be required to carry out the
provisions of this Code; Provided that the Secretary may secure
such services as he may deem necessary from other agencies of the
National Government and may make arrangement for the
compensation of such services. He may also engage and
compensate within appropriations available therefor, the services of
such number of consultants, experts and advisers on full or part-
time basis, as may be necessary, coming from the government or
private businesses, entities or associations to carry out the
provisions of this Code.
Section 205. Building Officials.
Except as otherwise provided herein, the Building Official shall be
responsible for carrying out the provisions of this Code in the field
as well as the enforcement of orders and decisions made pursuant
thereto.
Due to the exigencies of the service, the Secretary may designate
incumbent Public Works District Engineers, City Engineers and
Municipal Engineers 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.
Section 206. Qualifications of Building Officials.
No person shall be appointed as a Building Official unless he
possesses the following qualifications:
1. A Filipino citizen and of good moral character.
2. A duly registered architect or civil engineer.
3. A member of good standing of a duly accredited organization of
his profession for not less than two years.
4. Has at least five years of diversified and professional experience
in building design and construction.
Section 207. Duties of a Building Official.
In his respective territorial jurisdiction, the Building Official shall
be primarily responsible for the enforcement of the provisions of
this Code as well as of the implementing rules and regulations
issued therefor. He is the official charged with the duties of issuing
building permits.
In the performance of his duties, a Building Official may enter any
building or its premises at all reasonable times to inspect and
determine compliance with the requirements of this Code, and the
terms and conditions provided for in the building permit as issued.
Section 208. Fees.
Every Building Official shall keep a permanent record and accurate
account of all fees and other charges fixed and authorized by the
Secretary to be collected and received under this Code.
Subject to existing budgetary, accounting and auditing rules and
regulations, the Building Official is hereby authorized to retain not
more than twenty percent of his collection for the operating
expenses of his office.
The remaining eighty percent shall be deposited with the provincial,
city or municipal treasurer and shall accrue to the General Fund of
the province, city or municipality concerned.
Section 209. Exemption.
Public buildings and traditional indigenous family dwelling shall be
exempt from payment of building permit fees.
As used in this Code, the term “additional indigenous family
dwelling” means a dwelling intended for the use and occupancy by
the family of the owner only and constructed of native materials
such as bamboo, nipa, logs, or lumber, the total cost of which does
not exceed fifteen thousand pesos.
Section 210. Use of Income from Fees.
Any provision of law to the contrary notwithstanding, the Secretary
is hereby authorized to prescribe the procedures for the use of all
net income realized by the office of the Building Official from the
collection of fees and charges not exceeding twenty percent thereof
in accordance with Section 208.
Such income may be used to cover necessary operating expenses
including the purchase of equipment, supplies and materials,
traveling expenses, obligation expenses and sheriff’s fees and
payment of other prior years’ obligations not adequately funded,
subject to existing budgetary and auditing rules and regulations.
Section 211. Implementing Rules and Regulations.
In the implementation of the provisions of this Code, the Secretary
shall formulate necessary rules and regulations and adopt design
and construction standards and criteria for buildings and other
structures.
Such standards, rules and regulations shall take effect after their
publication once a week for three consecutive weeks in a newspaper
of general circulation.
Section 212. Administrative Fines.
For the violation of any of the provisions of this Code or any of the
rules or regulations issued thereunder the Secretary is hereby
empowered to prescribe and impose fines not exceeding ten
thousand pesos.
Section 213. Penal Provisions.
It shall be unlawful for any person, firm or corporation, to erect,
construct, enlarge, alter, repair, move, improve, remove, convert,
demolish, equip, use, occupy, or maintain any building or structure
or cause the same to be done contrary to or in violation of any
provision of this Code.
Any person, firm or corporation who shall violate any of the
provisions of this Code and/or commit any act hereby declared to be
unlawful shall upon conviction, be punished by a fine of not more
than twenty thousand pesos or by imprisonment of not more than
two years or by both such fine and imprisonment: Provided, that in
the case of a corporation firm, partnership or association, the
penalty shall be imposed upon its officials responsible for such
violation and in case the guilty party is an alien, he shall
immediately be deported after payment of the fine and/or service of
his sentence.
Section 214. Dangerous and Ruinous Buildings or Structures.
Dangerous buildings are those which are herein declared as such or
are structurally unsafe or not provided with safe egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or
which in relation to existing use, constitute a hazard to safety or
health or public welfare because of inadequate maintenance,
dilapidation, obsolescence, or abandonment; or which otherwise
contribute to the pollution of the site or the community to an
intolerable degree.
Section 215. Abatement of Dangerous Buildings.
When any building or structure is found or declared to be dangerous
or ruinous, the Building Official shall order its repair, vacation or
demolition depending upon the degree of danger to life, health, or
safety. This is without prejudice to further action that may be taken
under the provisions of Articles 482 and 694 to 707 of the Civil
Code of the Philippines.
Section 216. Other Remedies.
The rights, actions and remedies provided in this Code shall be in
addition to any and all other rights of action and remedies that may
be available under existing laws.
CHAPTER III
PERMITS AND INSPECTION
Section 301. Building Permits.
No person, firm or corporation, including any agency or
instrumentality of the government shall erect, construct, alter,
repair, move, convert or demolish any building or structure or cause
the same to be done without first obtaining a building permit
therefor from the Building Official assigned in the place where the
subject building is located or the building work is to be done.
Section 302. Application for permits.
In 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 proposed 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 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.
Section 303. Processing of Building Permits.
The processing of building permits shall be under the overall
administrative control and supervision of the Building Official and
his technical staff of qualified professionals.
In processing an application for a building permit, the Building
Official shall see to it that the applicant satisfies and conforms with
approved standard requirements on zonings and land use, lines and
grades, structural design, sanitary and sewerage, environmental
health, electrical and mechanical safety as well as with other rules
and regulations promulgated in accordance with the provisions of
this Code.
Section 304. Issuance of Building Permits.
When satisfied that the work described in an application for
building permit and the plans and specifications submitted
therewith, conform to the requirements of this Code and other
pertinent rules and regulations, the Building Official shall, within
fifteen days from payment of the required fees by the applicant,
issue the building permit applied for.
The Building Official may issue a permit for the construction of
only a part or portion of a building or structure whenever the plans
and specifications submitted together with the application do not
cover the entire building or structure.
Approved plans and specifications shall not be changed, modified
or altered without the approval of the Building Official and the
work shall be done strictly in accordance thereto.
Section 305. Validity of Building Permits.
The issuance of a building permit shall not be construed as an
approval or authorization to the permittee to disregard or violate
any of the provisions of this Code.
Whenever the issuance of a permit is based on approved plans and
specifications which are subsequently found defective, the Building
Official is not precluded from requiring permittee to effect the
necessary corrections in said plans and specifications or from
preventing or ordering the stoppage of any or all building
operations being carried on thereunder which are in violation of this
Code.
A building permit issued under the provisions of this Code shall
expire and become null and void if the building or work authorized
therein is not commenced within a period of one year from the date
of such permit, or if the building or work so authorized is suspended
or abandoned at any time after it has been commenced, for a period
of 120 days.
Section 306. Non-Issuance, Suspension or Revocation of
Building Permits.
The Building Official may order or cause the non-issuance,
suspension or revocation of building permits on any or all of the
following reasons or grounds:
(a) Errors found in the plans and specifications;
(b) In correct or inaccurate data or information supplied;
(c) Non-compliance with the provisions of this Code or of any rule
or regulation.
Notice of non-issuance, suspension or revocation of building
permits shall always be made in writing, stating the reason or
grounds therefore.
Section 307. Appeal.
Within fifteen (15) days from the date of receipt of advice of the
non-issuance, suspension or revocation of permits, the
applicant/permittee may file an appeal with the Secretary who shall
render his decision within fifteen days from date of receipt of notice
of appeal. The decision of the Secretary shall be final subject only
to review by the Office of the President.
Section 308. Inspection and Supervision of Work.
The owner of the Building who is issued or granted a building
permit under this Code shall engage the services of a duly licensed
architect or civil engineer to undertake the full time inspection and
supervision of the construction work.
Such architect or civil engineer may or may not be the same
architect or civil engineer who is responsible for the design of the
building.
It is understood however that in either case, the designing architect
or civil engineer is not precluded from conducting inspection of the
construction work to check and determine
compliance with the plans and specifications of the building as
submitted.
There shall be kept at the jobsite at all times a logbook wherein the
actual progress of construction including tests conducted, weather
conditions and other pertinent data are to be recorded.
Upon completion of the construction, the said licensed architect or
civil engineer shall submit the logbook, duly signed and sealed, to
the Building Official. He shall also prepare and submit a Certificate
of Completion of the project stating that the construction of
building conforms to the provisions of this Code as well as with the
approved plans and specifications.
Section 309. Certificate of Occupancy.
No building or structure shall be used or occupied and no change in
the existing use or occupancy classification of a building or
structure or portion thereof shall be made until the Building Official
has issued a Certificate of Occupancy therefor as provided in this
Code.
A certificate of Occupancy shall be issued by the Building Official
within thirty (30) days if after final inspection and submittal of a
Certificate of Completion referred to in the preceding section, it is
found that the building or structure complies with the provisions of
this Code.
The Certificate of Occupancy shall be posted or displayed in a
conspicuous place on the premises and shall not be removed except
upon order of the Building Official.
The non-issuance, suspension and revocation of Certificates of
Occupancy and the procedure for appeal therefrom shall be
governed in so far as applicable, by the provisions of Section 306
and 307 of this Code.
CHAPTER IV
TYPES OF CONSTRUCTION
(THIS CHAPTER AND THE SUCCEEDING CHAPTERS
WILL BE STUDIED FURTHER AS THE STUDENT
ADVANCES IN HIS COURSE)