Building Laws Analyses

8/6/2019 Building Laws Analyses

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Archt. MAUNDY FLORENDOArcht. MAUNDY FLORENDO Review Facilitatorthe brown bauhaus


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CASE No. 1

The National Building Code of the Philippines provides that the maximum

travel distance from any point of a structure to the nearest egress point are;

60 meters if the building is provided Automatic Fire Suppression System and

45 meters if the building is without AFSS.

Under the Fire Code of the Philippines, the same provision is stated. However,

instead of 60 meters and 45 meters, the FCP provides for 61 meters and 46

meters respectively.

There is a clear discrepancy of 1 full meter for each category.

Q1. Which of the two laws should prevail over the other and why?

Q2. What do you think is the cause of such discrepancy?

National Building Code vs. Fire Code


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CASE No. 1

1. The Fire Code was promulgated later than the National Building Code.

Every legislated law contains a Repealing Clause stating that all other

laws, regulations, and ordinances inconsistent with the subject law is

revised, repealed, or amended (superseded).

Therefore

The FIRE CODE should prevail over the Building Code

2. The two laws used different systems of measurement. The NBC using theSystems International while the FCP used the English System and later

converted it to metric.

200 feet when converted to metric is 60.9 or 61 meters

150 feet = 45.7 or 46 meters

National Building Code vs. Fire Code

Facilitators Opinion


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CASE No. 2

It is clearly stated in the National Building Code that the responsibility of

enforcing the provisions of the Code is the Secretary of Public Works (DPWH).

However, the Local Government Code provides that the Local GovernmentUnits are give autonomy to govern over the affairs of their respective

jurisdictions.

Q1. Who, then, has the authority to appoint the Building Official of a City or

Municipality.

Q2. Is there a conflict in the function of the DPWH Secretary and the Mayor in

the issuance of Building Permit?

DPWH vs. Local Government


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CASE No. 2

1. PHILIPPINE JURISPRUDENCE

G.R. No. 84701 June 13, 1990

ARCH. DOMINGO R. TAPAY vs. ELFREN CRUZ, ETAL

The SUPREME COURT decided that the administration and enforcement of

the provisions of the National Building Code is the primary concern of the

national government, the said being vested in the Secretary of Public

Works and Highways, (Sec. 201, Code), a national official. Since a building

official assigned to a province, city or municipality is the deputy of the

Secretary of Public Works and Highways in the enforcement of theprovisions of the National Building Code, he is deemed to be a national

official no ding that his salary is paid out of local funds.

inclusio unius est exclusio alterius




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CASE No. 2

2. There should be no conflict in the functions of the secretary of DPWH and

the City Mayor since the issuance of building permit is being done in the

city and is being approved by the Secretary, with due consideration to

local ordinances and land use regulations.




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CASE No. 3

The latest revision of the National Building Code of the Philippines provides

for minimum requirements for total open space for type A, B, C, D, & J

occupancies, as follows:

Corner lot = 10%

Through lot = 10%

Corner-through lot = 5%

Corner lot abutting 3 or more streets = 5%

Inside lot = 20%

Interior lot = 50%End lot = 30 to 50%

Q1. If the above figures are minimum requirements, why is there a need for a

range from 30 to 50% in the requirement for end lots?

OPEN SPACE REQUIREMENTS


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