Building Laws part 1

8/13/2019 Building Laws part 1

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Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus




Ignorantia Legis Nun xcusat

Ignorance of the laws exempts no one from abiding thereto…

( Article 3 of the Civil Code of the Philippines )




L A W

The body of rules of a society that are enforceable through a system ofcourts.

Laws may be created by legislatures or, in common law jurisdictions, by thecourts.

They regulate relations between individuals (private law); between individualsand the state (public law); and between different states (international law).

The word law derives from the late Old English “ lagu” , meaning somethinglaid down or fixed.

Laws vary widely between different countries and even, in some cases, withincountries.

An area in which a particular set of laws holds is called a ju r is d ic tio n .




FOUR WAYS TO ANALYZE LAWS

LEGAL SYSTEMS

SOURCES OF LAW

ADJUDICATION

JURISPRUDENCE




LEGAL SYSTEMS

COMMON LAW

CIVIL LAW

CUSTOMARY LAW

RELIGIOUS LAW

SOCIALIST LAW

INTERNATIONAL LAW




COMMON LAW

CIVIL LAW

CUSTOMARY LAW

RELIGIOUS LAW

SOCIALIST LAW

INTERNATIONAL LAW

Laws that are not legislated but are commonlyaccepted by different nations. Judicial decisions arebased on tradition, custom, and precedents.

Civil or civil ian law is a legal tradition which is the base ofthe law in the majority of countries of the world. It refers to

the area of law involving relations between private

individuals. It also is used to describe all law outside ofthe criminal law context.Custom, or customary law consists of establishedpatterns of behaviour that can be objectively verifiedwithin a particular social setting. Generally, customarylaw exists where a certain legal practice is observed orthe relevant actors consider it to be law.

Law can be thought of as the ordering principle ofreality; knowledge as revealed by God defining

and governing all human affairs. Law, in thereligious sense, also includes codes of ethics and

morality which are upheld and required by God. The official name of the legal system used inCommunist States. It is based on the civil law system,with major modifications and additions from Marxist-Leninist ideology. Consists of rules and principles of general application

dealing with the conduct of states and of internationalorganizations and with their relations




SOURCES OF LAW

STATUTORY LAW

NON-STATUTORY LAW




STATUTORY LAW NON-STATUTORY LAW

Written law set down by a legislature or other governing authority such as theexecutive branch of government in response to a perceived need to clarify thefunctioning of government, improve civil order, answer a public need, codifyor detail existing law, or for an individual or company to obtain specialtreatment.

In addition to the statutes passed by the national or state legislature, lowerauthorities or municipalities may also promulgate administrative regulationsor municipal ordinances that have the force of law.

The process of creating these administrative decrees are generally classified

as rulemaking.

While these enactments are subordinate to the law of the whole state ornation, they are nonetheless a part of the body of a jurisdiction's statutorylaw.

Refers to the sources of law other than statutory law.

Its authority rests not on legislation passed by Parliament and/orAdministration and eventually codified,

But rather tradition, custom, and especially precedent.

It is recognized by the Philippine Society as being essentially inviolable;

However, as customs and traditions change and evolve, the common, non-statutory law must change and evolve with them, and occasionally be

amended by statute.








EXAMPLES OF STATUTORY LAWS

Republic Acts

Presidential Decrees

Batas Pambansa

Executive Orders

Ordinances







Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus

PROFESSIONAL REGULATORY LAWSRA 9266The New Architecture Law (Revising RA 545 and RA 1581)

RA 544Civil Engineering LawRA 1378Plumbing Law RA 4374Geodetic Engineering Law

RA 7920Electrical Engineering and Electrician LawRA 8534Interior Design LawRA 1308Environmental planning Law

RA 1364Sanitary Engineering LawRA 4110Airconditioning and refrigeration Engineering LawRA 5734Electronics and Communications Engineering LawRA 8495Mechanical Engineering Law



Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus Archt. MAUNDY FLORENDO – Review Facilitatorthe b rown b auhaus

LAWS REGARDING BUILDING CONSTRUCTION

RA 386Civil Code of the PhilippinesRA 7160Local Government CodeRA 8293

Intellectual Property Code of the Philippines (Repealing RA 165, as amended / RA 166, asamended / PD 49 / PD 285, as amended / Art. 188 & 189 of the Revised Penal Code of the Philippines.)

Act 3815Revised Penal CodePD 1295National Engineering CenterRA 7718Build Operate and transfer Law



BUILDING LAWS IN THE PHILIPPINES

Archt. MAUNDY FLORENDOReview Facilitator

GOOD LUCK… ARCHITECTS!

the b rown b auhausthe b rown b auhausthe b rown b auhaus

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Building Laws part 1