Update on the

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

1
Short History
• The National Building Code,
Presidential Decree 1096, was
approved in the 1970’s
• PD 1096 has not been amended
• PD 1096 calls for the issuance by the
Secretary of the DPWH of
Implementing Rules and Regulations
(IRR)
• The current IRR is composed of
DPWH Orders issued through the
years 2
Short History
• The DPWH formed a Board of
Consultants (BOC) composed of
various stakeholders to prepare a
draft of the Revised IRR
• The BOC included representatives
from Accredited Professional
Organizations, including PICE, UAP,
PSSE, etc.
• After the BOC submitted their draft,
the final version of the Revised IRR
3
DPWH National Building
Code Review Committee
• Chairman: Raul C. Asis, Civil Engineer, Assistant
Secretary
• Members:
– Antonio V. Molano, Jr., Civil Engineer, Director IV,
Bureau of Research and Standards
– Nestor V. Agustin, Civil Engineer, Director IV, PMO-
Special Buildings
– Gilberto S. Reyes, Civil Engineer, OIC, Director IV,
Bureau of Design
– Walter R. Ocampo, Civil Engineer, Director III, Bureau
of Construction
– Camilo G. Foronda, Lawyer, Director III, Legal Service
– Emmanuel P. Cuntapay, Architect V, Bureau of Design
4
Short History
• The Revised IRR contains Technical
Provisions (Types of Construction, Fire
Requirements, Classification and
General Requirements, Light and
Ventilation, Sanitation, Building
Projections, etc.)
• The Revised IRR also includes
Administrative Provisions
(Administration and Enforcement,
Permits and Inspection, etc.)
• Technical Provisions are alright, but 5
Issues Resulting from
Revised IRR
• Who is the Registered Professional
Authorized to Prepare, Sign and Seal
Building Plans (Civil Engineer or
Architect)?
• Which is the Proper Body that
Appoints Building Officials
(City/Municipal Mayors or DPWH
Secretary)?
6
 Who is the Registered
Professional Authorized
to Prepare, Sign and
Seal Building Designs,
Plans and Specifications
(Civil Engineer or
Architect)?

7
Revised IRR Violates RA 544
(The Civil Engineering Law)
• Certain Administrative Provisions of
the Revised IRR violate Republic Act
544 (The Civil Engineering Law)
• Specifically, the Revised IRR violates
Sections 2 and 23 of Republic Act
544
• The Revised IRR will prevent licensed
Civil Engineers from practicing Civil
Engineering
8
How Does the Revised IRR prevent
Civil Engineers from Practicing Civil
Engineering?
• Original IRR
– Section 302 of P.D. 1096 and Section 3.2 of Ministry
Order 57 (Original IRR) requires the submittal to the
Building Official of five (5) sets of plans and
specifications prepared, signed and sealed by a duly
licensed architect or civil engineer, in case of
architectural and structural plans.
• Revised IRR
– Section 302.3 of Revised IRR requires the submittal to
the Building Official of five (5) sets of plans,
specifications and documents prepared, signed and
sealed over the printed name of the duly licensed and
registered professionals:
• Architect, in case of architectural documents; in
case of architectural interior/interior design documents,
either an architect or interior designer may sign;
• Civil Engineer, in case of civil/structural
documents;
– Therefore, the definitions of “Architectural Documents”
(Section 302.4) and “Civil/Structural Documents” 9
(Section 302.5) are very important
Definition of “Architectural Documents” in
the Revised IRR (Section 302.4)
• Architectural Plans/Drawings
– Vicinity Map/Location Plan
– Site Development Plan
– Perspective
– Floor Plans
– Elevations
– Sections
– Reflected Ceiling Plan
– Details, in the form of plans, elevations/sections
– Schedule of Doors and Windows
– Schedule of Finishes
– Details of other major architectural elements
• Architectural Interiors/Interior Design
• Plans and Specific Locations of Accessibility
Facilities
• Fire Safety Documents
• Other Related Documents 10
Definition of Civil/Structural
Documents in the Revised IRR
(Section 302.5)

• Site Development Plan

• Structural Plans
• Structural Analysis and Design
• Boring and Load Tests
• Seismic Analysis
• Other related documents
11
Revised IRR will Prevent Civil
Engineers from Preparing,
Signing and Sealing Building
Plans
• Revised IRR is correct in identifying the
documents listed in Section 302.4 of the
Revised IRR as “Architectural Documents”
• Revised IRR will give the exclusive right to
Architects to prepare, sign and seal
designs, plans and specifications
enumerated in Section 302.4 as
Architectural Documents

12
Revised IRR will Prevent Civil
Engineers from Preparing,
Signing and Sealing Building
Plans
• Revised IRR will limit Civil Engineers to
preparing, signing and sealing designs,
plans and specifications enumerated in
Section 302.5 as “Civil
Engineering/Structural Documents”
• Revised IRR will make it impossible to
obtain Building Permits for buildings whose
designs, plans and specifications are
prepared, signed and sealed by Civil
Engineers
13
Understanding RA 544

• Sections 2 and 23 of Republic Act No.

544 (The Civil Engineering Law)
clearly include the preparation,
signing and sealing of designs, plans
and specifications of buildings in the
scope of practice of Civil Engineering

14
Section 2 of RA 544 Includes
Preparation, Signing and Sealing of
Building Plans and Specifications in
Scope of Civil Engineering
• Section 2, RA 544 – “The practice of civil
engineering within the meaning and intent of
this Act shall embrace services in the form of
consultation, design, preparation of
plans, specifications, estimates,
erection, installation and supervision of
construction of streets, bridges, highways,
railroads, airports and hangars, portworks,
canals, river and shore improvements,
lighthouses, and dry docks; buildings,
fixed structures for irrigation, flood
protection, drainage, water supply and
sewerage works, demolition of permanent 15
Section 2 of RA 544 Includes Preparation,
Signing and Sealing of Building Plans and
Specifications in Scope of Civil Engineering
• Civil Engineering • Civil Engineering
Services Structures
– Consultation – Streets
– Design –
–
Bridges
Highways
– Preparation of – Railroads
Plans –
–
Airports and Hangars
Portworks
– Preparation of – Canals
Specifications – River and Shore
– Preparation of Estimates Improvements
– – Lighthouses
Erection
– – Drydocks
Installation
– Supervision of – Buildings
Construction – Fixed Structures for
– Demolition of Permanent • Irrigation
Structures • Flood Protection
• Drainage
• Water Supply 16
• Sewerage Works
Section 23 of RA 544 Allows Civil
Engineers
to Prepare, Sign and Seal Building
Designs,
•
Plans and Specifications
Section 23, RA 544 – “It shall be unlawful for
any person to order or otherwise cause the
construction, reconstruction, or alteration
of any building or structure intended for public
gathering or assembly such as theaters,
cinematographs, stadia, churches or structures of
like nature, and any other engineering structures
mentioned in section two of this Act unless the
designs, plans and specifications of the
same have been prepared under the
responsible charge of, and signed and
sealed by a registered civil engineer,
and unless the construction, reconstruction
and/or alteration thereof are executed under the
responsible charge and direct supervision of a
Civil Engineer.” 17
Principle of Overlap Among
Professions
• Doctors, Midwives, Nurses, Dentists,
Nutritionists and Dietitians, Optometrists
• Lawyers, Accountants, Criminologists,
Customs Brokers
• Mechanical Engineers, Electrical
Engineers, Electronics and
Communications Engineers
• Architects, Interior Designers, Landscape
Architects
• Civil Engineers, Architects, Sanitary
Engineers, Geodetic Engineers, Master
Plumbers, Agricultural Engineers,
Environmental Planners 18
Overlap Among Professions
(Some Examples)
• The act of delivering a baby could
constitute the practice of medicine,
midwifery or nursing, depending on
which professional carries out the
delivery
• The act of preparing an opinion on a
question of tax law could constitute
the practice of law or accounting,
depending on which professional is
the author of the opinion or
document 19
Overlap Among Professions
(Some Examples)
• The act of preparing designs, plans
and specifications for the interior of a
building could constitute the practice
of architecture or interior design,
depending on which professional
prepared the documents
• The act of preparing designs, plans
and specifications for a building
could constitute the practice of
architecture or civil engineering,
depending on which professional 20
Revised IRR Recognizes
Principle of Overlap of
Professions in Case of
Architecture and Interior
Design
• Section 302.3 of Revised IRR requires the
submittal to the Building Official of five (5)
sets of plans, specifications and
documents prepared, signed and sealed
over the printed name of the duly licensed
and registered professionals:
– Architect, in case of architectural documents;
in case of architectural interior/interior
design documents, either an architect or
interior designer may sign;

21
Revised IRR Should Also
Recognize Overlap of
Professions in Case of Civil
Engineering and Architecture
• Invoking the principle of Overlap among
Professions, the documents enumerated in
Section 302.4 are “Building Documents”
and not generically “Architectural
Documents”
• The documents enumerated in Section
302.4 are “Architectural Documents” only
if prepared, signed and sealed by an
Architect
• The documents enumerated in Section
302.4 are “Civil Engineering Documents” if22
they are prepared, signed and sealed by a
Correct List of Civil Engineering
Documents
• Section 302.5 – Civil Engineering Documents
– Vicinity Map/Location Plan
– Building Plans
• Perspective
• Floor Plans
• Elevations
• Sections
• Reflected Ceiling Plan
• Details, in the form of plans, elevations/sections
• Schedule of Doors and Windows
• Schedule of Finishes
• Structural Plans
– Site Development Plan
– Structural Analysis and Design
– Boring and Load Tests
– Seismic Analysis
– Other related documents
23
Preparation, Signing and Sealing of
Building Plans are Part and Have
Always been Part of the Practice of
Civil Engineering
• Civil Engineers have been preparing,
signing and sealing building plans not only
for the past 50 years (RA 544) but for
thousands of years even before the
professions or Architecture and Civil
Engineering were regulated
• The preparation, signing and sealing of
building plans are part of the practice of
Civil Engineering by law, history and
tradition
• This right of Civil Engineers to prepare,
sign and seal building plans has never 24
Preparation, Signing and Sealing of
Building Plans are Part and Have
Always been Part of the Practice of Civil
Engineering
• The purpose of regulatory laws is to
protect the public and not any particular
profession
• There has never been any case filed or
legal judgment rendered that this practice
of Civil Engineers has had any adverse
effect to any person or has been harmful
to public welfare
• The only parties affected by this practice
are Architects who are forced to compete
with Civil Engineers in the open market 25
Injunction was Needed
• P.D. 1096 provides that Implementing
Rules and Regulations shall be formulated
by the DPWH Secretary
• Then DPWH Secretary Soriquez, a Civil
Engineer, has signed the revised IRR
• P.D. 1096 provides that the IRR shall take
effect 15 days after their publication once
a week for three consecutive weeks in a
newspaper of general circulation
• The Revised IRR was published in the
Manila Standard on April 1, 8 and 15, 2005
26
Injunction was Needed
• Without an injunction, the IRR would have
been in effect on April 30, 2005
• During the last week of April, 2005, the
PICE and the PSSE requested the DPWH
Secretary to defer the implementation of
the Revised IRR, to avoid a legal
confrontation
• In reply, DPWH informed the PICE and
PSSE that the Secretary does not have the
authority to defer implementation of the
Revised IRR
• In fact, during that meeting, the PICE and
PSSE were advised to file for an injunction
• Therefore, PICE and PSSE had no choice 27
but to file for an injunction
PICE has obtained Preliminary
Injunction from Manila RTC
• PICE obtained 72 hour Temporary Restraining
Order (TRO) against implementation of
Revised IRR during the first week of May,
2005
• PICE obtained 20-day TRO during the second
week of May, 2005
• PICE obtained Preliminary Injunction May 24,
2005
• The Preliminary Injunction has no expiry date
which means that implementation of the
Revised IRR is suspended until the issues
raised by PICE are resolved
• PSSE also obtained its own Preliminary 28
Preliminary Injunction Recognizes
Issue Raised by PICE
• Dispositive paragraph of the Preliminary
Injunction:
Both the petitioner and respondent are one that one
cannot be deprived of the right to work and the
right to make a living because these rights are
property rights. It is not disputed that prior to the
issuance of the questioned IRR, petitioners, as civil
engineers, were exercising the subject rights pursuant to
R.A. 544 and P.D. 1096 as well as Ministry Order 57
which the subject IRR would now remove from them. It
is a legal truism that “the spring cannot rise
higher than its source”. At this stage of the
proceedings, it would appear that the new IRR
goes beyond the laws it seeks to implement.
Wherefore, the application is granted, and a writ of
preliminary injunction issue, enjoining the herein
defendant, his agents, representatives and/or assigns
from implementing and carrying out the questioned 29
Implementing the National Building
Code
• The Preliminary Injunction obtained by the
PICE covers the sections involving the
preparation, signing and sealing of
“Building/Architectural Plans.
• Therefore, Building Officials have to accept
“Building/Architectural Plans” prepared,
signed and sealed by either an Architect or
Civil Engineer, as provided in the Original
IRR:
– Section 302 of P.D. 1096 and Section 3.2 of
Ministry Order 57 (Original IRR) requires the
submittal to the Building Official of five (5) sets
of plans and specifications prepared, signed
and sealed by a duly licensed architect or
civil engineer, in case of architectural and
structural plans. 30
Implementing the National Building
Code
• Sections of the National Building Code not
affected by the PICE and PSSE Injunctions
are implementable
• Section 201 of the Revised IRR vests the
administration and enforcement of the
National Building Code in the DPWH
Secretary
• Section 203(6) of the Revised IRR
empowers the DPWH Secretary to appoint
Building Officials
• If a Civil Engineer cannot prepare, sign and
seal Building Plans, he is technically less
qualified to be a Building Official than an
Architect
• Section 202 of the Revised IRR names the 31
Implementing the National
Building Code
• The DPWH Secretary has appointed an
architect (Emmanuel Cuntapay) as
Executive Director of the NCBDO
• The Executive Director of the NCBDO
screens and recommends prospective
Building Officials to the DPWH Secretary
• Architect Cuntapay is on record as
favoring the appointment of Architects as
Building Officials
• Architect Cuntapay is on record that the
preparation, signing and sealing of
Building/ Architectural Plans is exclusive to32
DPWH Answer to Preliminary
Injunction
• DPWH, through the Solicitor General,
submitted its answer on June 17, 2005
• DPWH states that Sections 2 and 23 of RA
544 do not state in clear and unequivocal
terms that civil engineers can prepare,
sign and seal architectural documents
• DPWH states that it is only under Section
302 of PD 1096 and Section 3.2 of Ministry
Order 57 that the right of civil engineers to
prepare, sign and seal architectural plans
was recognized and expressly granted
33
DPWH Answer to Preliminary
Injunction
• DPWH states that Section 302 of PD 1096
and Section 3.2 of Ministry Order 57 have
been repealed by Sections 20, 25 and
29 of RA 9266, the “Architecture Act of
2004”
• DPWH states that even if Sections 2 and
23 of RA 544 include the preparation of
architectural documents, said provisions
have likewise been repealed by RA 9266

34
DPWH Answer to Preliminary
Injunction
• DPWH states that RA 9266 was approved
on March 17, 2004 while RA 544, PD 1096
and Ministry Order 57 were approved in
1950, 1977 and 1978, respectively
• DPWH argues that in case of irreconcilable
conflict between two laws, the later
enactment must prevail
• DPWH argues that RA 9266 has
repealed the other laws as evidenced by
Section 46 of RA 9266

35
DPWH Answer to Preliminary
Injunction
• DPWH states that PD 1096 is a general law
as it deals with the practice of various
professions, while RA 9266 is a special
law because it deals exclusively with the
practice of architecture
• DPWH argues that it is a finely-imbedded
principle that a special provision of law
prevails over a general one
• DPWH argues that the Revised IRR did not
amend nor supplant the laws promulgated
by the legislature
36
DPWH Answer to Preliminary
Injunction
• DPWH states that the Revised IRR is
consistent and in harmony with the
pertinent provisions of RA 9266
• DPWH argues that it is erroneous to claim
that the Revised IRR is null and void
because it gives architects the exclusive
right to prepare, sign and seal
architectural documents
• DPWH argues that it is the legislature by
virtue of RA 9266 which gives duly
licensed architects the exclusive right to
prepare, sign and seal architectural
documents
37
DWPH Answer Relies on RA
9266
• Sections 20, 25 and 29 of RA 9266 has
repealed Section 302 of PD 1096 and
Section 3.2 of Ministry Order 57
• RA 9266 has repealed Sections 2 and 23 of
RA 544
• Revised IRR is consistent and in harmony
with the pertinent provisions of RA 9266
• RA 9266 gives duly licensed architects the
exclusive right to prepare, sign and seal
architectural documents

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

39
Understanding RA 9266
• Section 20(2) – “No officer or employee
of this Republic, chartered cities,
provinces and municipalities, now or
hereafter charged with the enforcement of
laws, ordinances or regulations relating to
the construction or alteration of buildings,
shall accept or approve any
architectural plans or specifications
which have not been prepared and
submitted in full accord with all the
provisions of this Act; nor shall any
payments be approved by any officer for
any work, the plans and specifications for
which have not been so prepared and 40
Understanding RA 9266
• Section 20(5) – “All architectural
plans, designs, drawings and
architectural documents relative to
the construction of a building shall bear
the seal and signature only of an
architect registered and licensed under
this Act together with his/her professional
identification number and the date of its
expiration”

41
Understanding RA 9266
• Section 25 – “No person shall practice
architecture in this country, or engage in
preparing architectural plans,
specifications or preliminary data for
the erection or alteration of any
building located within the boundaries of
this country, or use the title “Architect”, or
display the word “Architect” together with
another word, or use any title, sign, card,
advertisement, or other devise to indicate
such person practices or offers to practice
architecture, or is an architect, unless
such person shall have received from
the Board a Certificate of Registration
and be issued a Professional 42
Understanding RA 9266
• Section 29 – “Prohibition in the Practice of
Architecture and Penal Clause. – Any
person who shall practice or offer to
practice architecture in the Philippines
without being registered/ licensed and
who are not holders of temporary or
special permits in accordance with the
provisions of this Act … shall be guilty of
misdemeanor and charged in court by
the Commission…”

43
Why DPWH Answer is Wrong

• The DPWH presumes that the PICE

case is that civil engineers can
prepare, sign and seal “Architectural
Plans and Documents”
• The PICE case is: Civil Engineers
should not be prevented from
practicing Civil Engineering
which includes preparing,
signing and sealing “Building
Plans and Documents” 44
Why DPWH Answer is Wrong
• That RA 9266 has repealed PD 1096
and Ministry Order No. 57 is
debatable because of the legal
principle that one law does not
repeal another if there is a way of
reconciling the laws concerned
• Invoking the principle of Overlap of
Professions will reconcile the laws
• Even if PD 1096 has been repealed,
this is immaterial because it is RA
544 (not PD 1096) that gives Civil
Engineers the right to prepare 45
Why DPWH Position is
Wrong
• RA 9266 has not repealed Sections 2
and 23 of RA 544 because these
sections do not state that civil
engineers can prepare, sign and seal
“Architectural Plans”
• Sections 2 and 23 of RA 544 state
that civil engineers can prepare, sign
and seal “Building Plans”, not
“Architectural Plans”
• Therefore, there is no inconsistency 46
Why DPWH Answer is Wrong
• Sections 2 and 23 of RA 544 clearly
states that the preparation, signing
and sealing of “Building Plans” are
within the scope of practice of civil
engineering
• Therefore, the PICE case hinges on
the proper interpretation of the term
“Building Plans”
• The term “Building Plans” occur in
both RA 544 and RA 544 (the old
Architecture Law)
• Therefore, prior to RA 9266 the term 47
Why DPWH Answer is Wrong
• Architects claim that the term
“Building Plans” in RA 544 means
“Structural Plans”
• Why will the term “Building Plans”
mean all plans of buildings when
applied to Architecture and something
else when applied to Civil Engineering
• If “Building Plans” mean “Structural
Plans”, why is that not what is stated?
• Why have civil engineers have been
preparing, signing and sealing
complete “Building Plans” for 48
Why DPWH Answer is Wrong
• The DPWH answer is totally
dependent on the premise that RA
9266 is the law relevant to this case
• This will only be true if the case is
about the practice of architecture
• The PICE position it that this case is
about the practice of civil
engineering and not the practice
of architecture
• Therefore, RA 9266 is not relevant,
and the applicable law is RA 544 49
 RA 9266 Cannot Justify the Revised
IRR
• Section 43, RA 9266 – “This Act shall not be
construed to affect or prevent the
practice of any other legally recognized
profession.”
– RA 9266 does not affect the scope of practice of
Civil Engineering
• Section 46 of RA 9266 - “Republic Act No.
545, as amended by Republic Act No. 1581,
is hereby repealed and all other laws, orders
and regulations or resolutions or part/s
thereof inconsistent with the provisions of
this Act are hereby repealed or modified
accordingly”
– No provision of RA 544 is inconsistent with RA
9266, because RA 544 does not authorize civil
engineers to prepare, sign and seal architectural50
DPWH Answer to Preliminary
Injunction (Part 2)
• DPWH acknowledges that the direct
consequence of the revised IRR
is to deprive more than a
hundred thousand civil
engineers of their right to earn a
living which has been vested
upon them for more than fifty
years now
• DPWH cites the principle of “dura lex
sed lex (The law is harsh but the law
is still the law) 51
DPWH Answer to Preliminary
Injunction (Part 2)
• DPWH states that laws are adopted to
make sure that the plans specifications
and other documents to be submitted for
the issuance of a building permit are
prepared, signed and sealed by
competent professionals who possess
the required skills, knowledge and
expertise on the matter to safeguard
life, health, property and public
welfare
52
Architects Do Not have the Exclusive
Right to Prepare, Sign and Seal
Building
• Plans
Civil Engineers have prepared, signed and
sealed building plans for thousands of years,
with distinction
• There has never been a legal challenge,
much less a decision, questioning this right
of civil engineers
• There has never been a single case, much
less a decision, that civil engineers are a
threat to life, health, property or public
welfare
• It is an insult to the civil engineering
profession to question the competence of
civil engineers to prepare, sign and seal
building plans
• It is an insult to the civil engineering 53
What Civil Engineers Must
Do
• Follow the following Guidelines in the
preparation, signing and sealing of
“Building Plans”:
– Label all building plans, specifications
and other documents “Civil Engineering”
before signing and sealing them
– Place only the title “Civil Engineer” (and
nothing else) under your name and
signature when signing plans,
specifications and other documents

54
What Civil Engineers Must
Do
• Continue preparing, signing and
sealing Civil Engineering (Building)
plans
• Never sign and seal architectural
plans
• Always sign as a Civil Engineer
• Inform fellow Civil Engineers of PICE
position on revised IRR
• Inform as many individuals and
sectors of PICE position 55
What Civil Engineers Must
Do
• Lobby with Local Government
Officials, National Agencies and
other Government Entities for the
implementation of RA 544
• Lobby with DPWH for the
appointment of a Civil Engineer as
Executive Director of the NBCDO
• Monitor violations against the
Preliminary Injunction
• Take appropriate action against such
violations
• Inform PICE of such violations 56
Conclusion
• The right of Architects to prepare, sign
and seal “Architectural Plans”, as
provided for in RA 9266, should be
recognized and respected
• The right of Civil Engineers to prepare,
sign and seal “Building Plans”, as
provided for in RA 544, should be
recognized and respected
• The Preliminary Injunction obtained by
the PICE should be respected and 57
 Which is the Proper
Body that Appoints
Building Officials
(City/Municipal Mayors
or DPWH Secretary)?

58
Powers and Functions of the
DPWH Secretary
• Section 203 of PD 1096 provides:
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. 59
Powers and Functions of the
DPWH Secretary
• The power to appoint Building Officials is not
included in the generic powers of the DPWH
Secretary.
• Section 205 of PD 1096 indirectly addresses
this issue and provides:
“Due to the exigencies of the service, the
Secretary may designate incumbent Public Works
District Engineers, City Engineers and Municipal
Engineers to act as Building Officials in their
respective areas of jurisdiction.
The designation made by the Secretary under this
Section shall continue until regular positions of
Building Official are provided or unless sooner
terminated for causes provided by law or decree.” 60
Powers and Functions of the
DPWH Secretary
• The DPWH Secretary does not have the
power to appoint Building Officials, and
only has the power to designate (“…the
Secretary may designate…”).
• The DPWH Secretary can designate a
Building Official only when there is an
exigency in the service (“Due to
exigencies in the service…”).
• Therefore, the DPWH Secretary cannot
designate a Building Official in case where
a duly appointed official is already acting
as Building Official because in this case
there is no “Exigency in the service”.
61
Powers and Functions of the
DPWH Secretary
• The DPWH Secretary may designate only
certain incumbent officials as Building
Officials (“…the Secretary may designate
Public Works District Engineers, City
Engineers and Municipal Engineers to act
as Building Officials in their respective
areas of jurisdiction”).
• All of the incumbent officials enumerated
in PD 1096 are required by law to be
Registered and Licensed Civil Engineers,
and therefore the DPWH Secretary may
not designate a Building Official who is not62
Powers and Functions of the
DPWH Secretary
• The designation by the DPWH Secretary
has a limited duration (“The designation
made by the Secretary shall continue until
regular positions of Building Official are
provided or unless terminated for causes
provided by law or decree”).
• Therefore, in cases where a Building
Official has been designated by the DPWH
Secretary, such designation shall cease
when a regular position of Building Official
is provided.
63
Powers and Functions of the
DPWH Secretary
• Section 206 of Revised IRR Increased the
Powers and Functions of the DPWH
Secretary from Four to Six:
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. Exercise appellate jurisdiction over the
decisions and orders of the Building Official.
The order or decision of the Secretary shall be
final and executory subject only to review by the
Office of the President of the Republic.
4. 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.
5. Prescribe and fix the amount of fees and other charges that the Building
Official shall collect in connection with the performance of regulatory
functions.
6. Appoint a Building Official, separate and distinct
from the Office of the City/Municipal Engineers
in all Cities and Municipalities. 64
Powers and Functions of the
DPWH Secretary
• Section 203(6) directly contradicts the
provisions of PD 1096, wherein the DPWH
Secretary’s powers do not include the
appointment of Building Officials but is
limited only to the designation of Building
Officials, and only under certain
conditions.
• The IRR cannot contain provisions not
provided for in the law it is implementing,
and this is therefore a case of “the spring
rising above its source”.
65
Powers and Functions of the
City/Municipal Mayor
• Section 444(b)(1)(v) of RA 7160 (Local
Government Code of 1991) provides:
“The Municipal Mayor shall exercise general
supervision and control over all programs,
projects, services, and activities of the
municipal government and in this connection
shall appoint all officials and employees whose
salaries and wages are wholly or mainly paid
out of municipal funds and whose
appointments are not otherwise provided for in
this Code, as well as those he may be
authorized by law to appoint.”
• Section 455(b)(1)(v) of RA 7160 contains a
similar provision applicable to Cities.
66
Powers and Functions of the
City/Municipal Mayor
• Section 477 of RA 7160 further provides:
“No person shall be appointed engineer
unless he is a citizen of the Philippines, a
resident of the local government unit
concerned, of good moral character, and a
licensed civil engineer. He must have acquired
experience in the practice of his profession for
at least five (5) years in the case of the
provincial or city engineer, and three (3) years
in the case of the municipal engineer.
The appointment of an engineer shall be
mandatory for the provincial, city and
municipal governments. The city and
municipal engineer shall also act as the
local building official.”
67
Powers and Functions of the
City/Municipal Mayor
• Provincial, City and Municipal engineers
have to be licensed Civil Engineers.
• Power of City or Municipal Mayor to
appoint City/Municipal Engineers is clear
and specific.
• That City/Municipal Engineers shall act as
Building Officials is clear and specific.
• What needs to be clarified is whether this
provision has the effect of providing
“regular positions of Building Officials” as
envisioned in Section 205 of PD 1096.
68
Summary
• PD 1096 contains no provision giving the
DPWH Secretary the power to appoint
Building Officials.
• The DPWH Secretary only has the power to
designate Building Officials.
• The designation of Building Officials by the
DPWH Secretary is conditional and has a
limited duration.
• RA 7160 gives City/Municipal Mayors the
power to appoint City/Municipal Engineers
who shall act as Building Officials.
69
Summary
• If Section 477 of RA 7160 has the effect of
providing regular positions of Building
Officials, then the DPWH Secretary does
not have the power to designate Building
Officials in Cities/Municipalities with duly
appointed City/Municipal Engineers.
• In any case, the DPWH Secretary does not
have the power to designate a Building
Official in cities/municipalities with duly
appointed City/Municipal Engineers
because there is no “Exigency in the
service”. 70