Revised IRR of National Building Revised IRR of National Building Code – Code – Why is an Why is an InjunctionInjunction

NecessaryNecessary?*?*(Official Position of the Philippine (Official Position of the Philippine

Civil Engineers)Civil Engineers)

*Note: The inaccurate and potentially misleading statements found in a Philippine civil engineer (CE) website are in yellow Tahoma font text.

The PRBoA anotations are in underscored white bold Courier New italics font text.

Professional Regulatory Board of Architecture (PRBoA) Anotations on the Powerpoint Presentation Featured in a Civil Engineer (CE) website

Short HistoryShort History• The National Building Code, Presidential The National Building Code, Presidential

Decree 1096, was approved in the 1970’sDecree 1096, was approved in the 1970’s• PD 1096 calls for the issuance by the PD 1096 calls for the issuance by the

Secretary of the DPWH of Implementing Secretary of the DPWH of Implementing Rules and Regulations (IRR)Rules and Regulations (IRR)

• The current IRR is composed of various The current IRR is composed of various DPWH Orders and policies issued through DPWH Orders and policies issued through the yearsthe years

• For the past few years, the DPWH has For the past few years, the DPWH has been preparing a consolidated revised been preparing a consolidated revised IRRIRR

Short HistoryShort History• The DPWH formed a committee The DPWH formed a committee

composed of various stakeholders who composed of various stakeholders who were consulted regarding the Revised were consulted regarding the Revised IRRIRR

• The Committee included representatives The Committee included representatives from Accredited Professional from Accredited Professional Organizations, including PICEOrganizations, including PICE

• The final version of the Revised IRR was The final version of the Revised IRR was prepared by a Committee within the prepared by a Committee within the DPWHDPWH

Short HistoryShort History• The final version of the Revised IRR was The final version of the Revised IRR was

published in the Manila Standard three published in the Manila Standard three times (April 1, 8 and 15, 2005)times (April 1, 8 and 15, 2005)

• The Revised IRR would have been The Revised IRR would have been implementable on April 30, 2005, 15 days implementable on April 30, 2005, 15 days after the third publicationafter the third publication

• The Revised IRR contains the procedure The Revised IRR contains the procedure for the application for and issuance of for the application for and issuance of building permits, among other provisionsbuilding permits, among other provisions

Why is an Injunction Why is an Injunction Necessary?Necessary?• The Revised IRR will The Revised IRR will prevent licensed and registered Civil prevent licensed and registered Civil

Engineers from practicing Civil EngineeringEngineers from practicing Civil Engineering• Therefore, the Revised IRR Therefore, the Revised IRR violates Republic Act No. violates Republic Act No. 544 544

(The Civil Engineering Law(The Civil Engineering Law))• Specifically, the Revised IRR violates Specifically, the Revised IRR violates Sections 2 and 23 of Sections 2 and 23 of

Republic Act Republic Act 544544PRBoA Anotation. Since nothing is mentioned as to who shall “sign and seal ARCHITECTURAL documents” under Sec. 302 of the 1977 National Building Code of the Philippines/ NBCP (P.D. No. 1096) and since R.A. 9266 (The Architecture Act of 2004) was already in effect in mid-2004, Secs. 302.3 and 302.4 of the 2004 Revised IRR of P.D. No. 1096 were actually harmonized by the DPWH with R.A. No. 9266 [over protests made by the then civil engineer (CE) representative/s to the DPWH Board of Consultants (BoC), prompting the DPWH to seek the issuance of the January 2004 Department of Justice (DoJ) legal opinion, which did NOT support the CE position that they can sign and seal ARCHITECTURAL documents]. Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (subject of the 2005 injunction obtained by the CEs) was supposed to help prevent CEs from practicing architecture in full compliance with R.A. No. 9266 i.e. the only Philippine law that governs the “preparation, signing and sealing of ARCHITECTURAL documents”. There is absolutely NOTHING in the CE law i.e. R.A. No. 1582 of 1956 (which amended R.A. No. 544 of 1950) which states that CEs can “prepare, sign or seal ARCHITECTURAL documents” (not limited to architectural plans, specifications, estimates & contract documents).

How Does the Revised IRR How Does the Revised IRR prevent prevent Civil Engineers from Practicing Civil Civil Engineers from Practicing Civil Engineering?Engineering?• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Section 3.2 of Ministry Order and Section 3.2 of Ministry Order

57 (Old IRR) requires the submittal to the Building Official of 57 (Old IRR) requires the submittal to the Building Official of five (5) sets of plans and specifications prepared, signed five (5) sets of plans and specifications prepared, signed and sealed by a duly licensed and sealed by a duly licensed architect or civil engineer, architect or civil engineer, in case of architectural and structural plansin case of architectural and structural plans..

• Section 302.3 of Revised IRR requires the submittal to the Building Official Section 302.3 of Revised IRR requires the submittal to the Building Official of five (5) sets of plans, specifications and documents prepared, signed of five (5) sets of plans, specifications and documents prepared, signed and sealed over the printed name of the duly licensed and registered and sealed over the printed name of the duly licensed and registered professionals:professionals:– Architect, in case ofArchitect, in case of architectural documentsarchitectural documents; in case of ; in case of

architectural interior/interior design documents, either an architect or architectural interior/interior design documents, either an architect or interior designer may sign;interior designer may sign;

– Civil Engineer, in case ofCivil Engineer, in case of civil/structural documentscivil/structural documents;;PRBoA Anotation. There is absolutely NOTHING mentioned under the actual/signed/AUTHENTIC Sec. 302 of the 1977 National Building Code of the Philippines/ NBCP (P.D. No. 1096) as to who shall “sign and seal ARCHITECTURAL documents”. The foregoing is a potentially deliberate misrepresentation of fact and law. Since there is nothing in both P.D. No. 1096 and R.A. No. 1582 (544) specifically stating that civil engineers (CEs) can “sign and seal ARCHITECTURAL documents”, we have to abide by R.A. No.9266, which is the governing law insofar as ARCHITECTURAL documents are concerned.

What Constitutes Architectural What Constitutes Architectural Documents in the Revised IRR (Section Documents in the Revised IRR (Section 302.4)?302.4)?• Architectural Plans/DrawingsArchitectural Plans/Drawings

– Vicinity Map/Location PlanVicinity Map/Location Plan– Site Development PlanSite Development Plan– PerspectivePerspective– Floor PlansFloor Plans– ElevationsElevations– SectionsSections– Reflected Ceiling PlanReflected Ceiling Plan– Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections– Schedule of Doors and WindowsSchedule of Doors and Windows– Schedule of FinishesSchedule of Finishes– Details of other major architectural elementsDetails of other major architectural elements

• Architectural Interiors/Interior DesignArchitectural Interiors/Interior Design• Plans and Specific Locations of Accessibility FacilitiesPlans and Specific Locations of Accessibility Facilities• Fire Safety DocumentsFire Safety Documents• Other Related DocumentsOther Related Documents

What Constitutes CivilWhat Constitutes CivilEngineering/Structural Engineering/Structural DocumentsDocumentsin the Revised IRR (Section in the Revised IRR (Section 302.5)?302.5)?

• Site Development PlanSite Development Plan• Structural PlansStructural Plans• Structural Analysis and DesignStructural Analysis and Design• Boring and Load TestsBoring and Load Tests• Seismic AnalysisSeismic Analysis• Other related documentsOther related documents

Revised IRR will Prevent Civil Engineers from Preparing, Revised IRR will Prevent Civil Engineers from Preparing, Signing and Sealing Signing and Sealing Building Building Designs, Designs, PlansPlans and Specifications and Specifications• Revised IRR is correct in identifying the documents listed in Revised IRR is correct in identifying the documents listed in

Section 302.4 of the Revised IRR as “architectural documents”Section 302.4 of the Revised IRR as “architectural documents”• Revised IRR Revised IRR violates violates RA 544RA 544 in limiting “civil engineering in limiting “civil engineering

documents” to the documents listed in Section 302.5.documents” to the documents listed in Section 302.5.• The complete list of “civil engineering documents The complete list of “civil engineering documents include the include the

documents listed in both Sections 302.4documents listed in both Sections 302.4 and 302.5 and 302.5..

PRBoA Anotation. The 2004 Revised IRR of the 1977 NBCP does not violate R.A. No. 1582 (amending R.A. No. 544) but is fully consistent with both R.A. No. 1582 (544) and R.A. No. 9266. The statement that there is a violation of R.A. No. 1582 (544) has no basis in law and preempts the decision of Manila RTC Branch 22 in Civil Case No. 05-1122502 (PICE vs. DPWH Secretary Ebdane). The other statement that civil engineering (CE) documents encompass ARCHITECTURAL documents also have NO basis in law and similarly preempts the decision of Manila RTC Branch 22 in the same civil case. Those responsible for such statements could also be charged with indirect contempt (and possibly even with fraud), for making it appear that CEs are legally able and capable of doing the work of registered and licensed architects (RLAs), the only entities authorized to practice architecture under R.A. No. 9266.

Revised IRR will Prevent Civil Revised IRR will Prevent Civil Engineers from Preparing, Signing and Engineers from Preparing, Signing and Sealing Sealing Building Building Designs, Designs, PlansPlans and and SpecificationsSpecifications• Revised IRR will give the exclusive right to Architects to Revised IRR 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 Section 302.4 as enumerated in Section 302.4 as Architectural Architectural DocumentsDocuments

• Revised IRR will limit Civil Engineers to preparing, signing Revised IRR will limit Civil Engineers to preparing, signing and sealing designs, plans and specifications enumerated in and sealing designs, plans and specifications enumerated in Section 302.5 as Civil Engineering/ Structural DocumentsSection 302.5 as Civil Engineering/ Structural Documents

• Revised IRR will make it impossible to obtain Building Revised IRR will make it impossible to obtain Building Permits for buildings whose designs, Permits for buildings whose designs, plans plans and and specifications are prepared, signed and sealed by Civil specifications are prepared, signed and sealed by Civil EngineersEngineers

PRBoA Anotation. The term “plans” as used above refer to civil/ structural engineering plans and documents and do NOT at all refer to ARCHITECTURAL documents i.e. architectural plans, designs, specifications, estimates and contract documents.

Understanding Understanding RA 544RA 544• Sections Sections 22 and 23 and 23 of Republic Act No. 544 (The Civil of Republic Act No. 544 (The Civil

Engineering Law) Engineering Law) clearly includeclearly include the preparation, signing the preparation, signing and sealing of designs, and sealing of designs, plansplans and specifications of and specifications of buildingsbuildings in the scope of practice of Civil Engineeringin the scope of practice of Civil Engineering

PRBoA Anotation. The term “PLANS” refer to civil/ structural engineering plans and documents for buildings and do NOT refer to ARCHITECTURAL documents for buildings i.e. architectural plans and designs (which make up the “A” sheets of building plans), ARCHITECTURAL specifications, estimates and contract documents and the like. Otherwise, why were there very specific delineations in the practices of architects and civil engineers (CEs) under Sec. 24 of the CE law itself i.e. R.A. No. 1582 of 1956 itself (which amended R.A. No. 544 of 1950). The use of the term “buildings” is again apparently being misappropriated by the CEs who may perhaps be thoroughly unfamiliar with the very complex processes that go into building PLAN preparation (including ARCHITECTURAL programming and space planning), activities that take place long before building DESIGN, engineering coordination and detailing could commence. The CEs do NOT satisfy the basic requisites for ARCHITECTURAL practice in the Philippines i.e. a B.S. Architecture degree, a two (2)-year diversified training in the planning and design of buildings/ environs and an ARCHITECT’s registration and license which only come after passing the Architecture Licensure Examination (ALE) which is all about buildings. Internationally, the word “building” is universally associated with architects and NOT with CEs.

Section 2 of Section 2 of RA 544RA 544 IncludesIncludes Preparation of Preparation of Building Building Designs, Designs, PlansPlans and Specifications in Scope of Practice of Civil Engineering and Specifications in Scope of Practice of Civil Engineering

• Section 2, Section 2, RA 544RA 544 – “The practice of civil engineering within the – “The practice of civil engineering within the meaning and intent of this Act shall embrace services in the form meaning and intent of this Act shall embrace services in the form of consultation, design, of consultation, design, preparation of plans, specificationspreparation of plans, specifications, , estimates, erection, installation and supervision of construction estimates, erection, installation and supervision of construction ofof streets, bridges, highways, railroads, airports and hangars, streets, bridges, highways, railroads, airports and hangars, portworks, canals, river and shore improvements, lighthouses, portworks, canals, river and shore improvements, lighthouses, and dry docks; and dry docks; buildingsbuildings,, fixed structures for irrigation, flood fixed structures for irrigation, flood protection, drainage, water supply and sewerage works, protection, drainage, water supply and sewerage works, demolition of permanent structures, and tunnels.”demolition of permanent structures, and tunnels.”

PRBoA Anotation. The terms “plans” and “specifications” refer to civil/ structural engineering plans, specifications and documents and do NOT refer to ARCHITECTURAL plans, designs, specifications, and related contract documents. The use of the term “buildings” is again apparently being misappropriated by the Civil Engineers (CEs) who may perhaps be thoroughly unfamiliar with the very complex processes that go into building PLAN preparation (including ARCHITECTURAL programming and space planning), activities that take place long before building DESIGN and detailing could commence. A wrong ARCHITECTURAL plan and design begets many problems in project implementation and construction. It is clear from the foregoing list of structures that the nature of the work of the CE is the horizontal rather than the vertical.

SectionSection 2 2 of of RA 544RA 544 Includes Preparation of Includes Preparation of BuildingBuilding Designs, Designs, Plans Plans and Specifications in Scope of Practice of Civil and Specifications in Scope of Practice of Civil EngineeringEngineering• Civil Engineering Civil Engineering

ServicesServices– ConsultationConsultation– DesignDesign– Preparation of Preparation of

PlansPlans– Preparation of Preparation of

SpecificationsSpecifications– Preparation of EstimatesPreparation of Estimates– ErectionErection– InstallationInstallation– Supervision of Supervision of

ConstructionConstruction– Demolition of Permanent Demolition of Permanent

StructuresStructures

• Civil Eng’g. StructuresCivil Eng’g. Structures– StreetsStreets– BridgesBridges– HighwaysHighways– RailroadsRailroads– Airports and HangarsAirports and Hangars– PortworksPortworks– CanalsCanals– River and Shore River and Shore

ImprovementsImprovements– LighthousesLighthouses– DrydocksDrydocks– BuildingsBuildings– Fixed Structures forFixed Structures for

• IrrigationIrrigation• Flood ProtectionFlood Protection• DrainageDrainage• Water SupplyWater Supply• Sewerage WorksSewerage Works

– TunnelsTunnels

PRBoA Anotation. Same comments as in the previous slides.

Section 23 of Section 23 of RA 544RA 544 Allows Civil Engineersto Prepare, Sign Allows Civil Engineersto Prepare, Sign and Seal Building Designs, Plans and Specificationsand Seal Building Designs, Plans and Specifications• Section 23, Section 23, RA 544RA 544 – “It shall be unlawful for any person to order or otherwise – “It shall be unlawful for any person to order or otherwise

cause the construction, reconstruction, or alteration of cause the construction, reconstruction, or alteration of any any buildingbuilding or structure or structure intended for public gatheringintended for public gathering or assemblyor assembly such as theaters, cinematographs, such as theaters, cinematographs, stadia, churches or structures of like naturestadia, churches or structures of like nature, and any other engineering structures , and any other engineering structures mentioned in section two of this Act unless the mentioned in section two of this Act unless the designs, plans and designs, plans and specificationsspecifications of the same have been of the same have been preparedprepared under the responsible charge under the responsible charge of, and of, and signed and sealed by a registered civil engineersigned and sealed by a registered civil engineer, and unless the , and unless the construction, reconstruction and/or alteration thereof are executed under the construction, reconstruction and/or alteration thereof are executed under the responsible charge and direct supervision of a Civil Engineer.”responsible charge and direct supervision of a Civil Engineer.”

PRBoA Anotation. Architects are academically and sub-professionally trained to WORK WITH civil/ structural engineers and other types of professional engineers as well as with other regulated professionals such as planners, interior designers and landscape architects to prepare them well for their roles as building or site planners/ designers. This apparently has NO equivalent in the preparation of the CEs for the assumption of their later professional role.

More importantly, CEs do NOT have a single unit of architecture (nor ARCHITECTURAL training in the preparation of building plans and designs), as a credited architecture academic unit compared to about 120 units for a B.S. Architecture major. The provision cited above is clear in that the CEs shall play a major role for structurally-challenged buildings, which architects do NOT contest. This does NOT mean however that the CEs can prepare, sign or seal the ARCHITECTURAL documents for such projects.

Revised IRR Revised IRR Confers Position of Confers Position of Prime ProfessionalPrime Professional to Architectto Architect• The Revised IRR The Revised IRR confers position of Prime Professional in confers position of Prime Professional in

building projects exclusively to Architectsbuilding projects exclusively to Architects• The procedure for application of building permit (see next slide) The procedure for application of building permit (see next slide)

clearly puts all other professions under the Architectclearly puts all other professions under the Architect• No Building Permit can be issued without the participation of an No Building Permit can be issued without the participation of an

ArchitectArchitect• The Revised IRR The Revised IRR prevents other professionals from assuming the prevents other professionals from assuming the

role of Prime Professional in building projectsrole of Prime Professional in building projects• This has no basis in any of the professional laws, including RA This has no basis in any of the professional laws, including RA

92669266PRBoA Anotation. The registered and licensed Architect (RLA) is indeed the Prime Professional for the planning and design of buildings as is internationally practiced. After all, everything emanates and evolves from the ARCHITECTURAL plan, which PRECEDES all other building plans and which is to be the SOLE basis for the subsequent engineering plans, including the structural and civil works plans prepared by civil engineers (CEs).

The CEs apparently want to wear the hat of the architect even when they may NOT fully understand the intricacies of ARCHITECTURAL planning and design. With their acquired skills and knowledge, maybe the CEs should just fully focus on project implementation (including management and construction) and leave ARCHITECTURAL work to RLAs.

RECEIVING/RECORDING AND

RELEASING

RELOCATION SURVEYPLAN & REPORT

& LINE AND GRADE(GEODETIC)

ARCHITECTURAL/ACCESSIBILITY

LAND USEZONING

CIVIL/STRUCTURAL

ELECTRICAL

MECHANICAL

SANITARY

PLUMBING

ELECTRONICS

INTERIORDESIGN

GEODETIC

OTHERS(SPECIFY)

FINAL EVALUATION&

RECOMMENDATION

BUILDINGOFFICIAL

CITY/MUNICIPALTREASURY(CASHIER)

VERIFICATION OR LAND USE ZONING

& OTHERCLEARANCES

ISSUANCE OF BUILDING PERMIT

PAYMENT OF FEES

ENDORSEMENT TO PROPER AUTHORITIES

BUILDINGPERMITISSUED/RELEASED

BUILDINGPERMITAPPLICATION

PROCESSING OF APPLICATION OF BUILDING PERMIT FLOW CHART

Injunction is NeededInjunction is Needed• P.D. 1096 provides that Implementing P.D. 1096 provides that Implementing

Rules and Regulations shall be formulated Rules and Regulations shall be formulated by the DPWH Secretaryby the DPWH Secretary

• Then DPWH Secretary Soriquez has signed Then DPWH Secretary Soriquez has signed the revised IRRthe revised IRR

• P.D. 1096 provides that the IRR shall take P.D. 1096 provides that the IRR shall take effect after their publication once a week effect after their publication once a week for three consecutive weeks in a for three consecutive weeks in a newspaper of general circulationnewspaper of general circulation

• IRR has been published in the Manila IRR has been published in the Manila Standard on April 1, 8 and 15Standard on April 1, 8 and 15

• Without an injunction, the IRR will now be Without an injunction, the IRR will now be in effectin effect

OverlapOverlap Among Professions Among Professions• Doctors, Midwives, Nurses, Dentists, Nutritionists and Dietitians, Doctors, Midwives, Nurses, Dentists, Nutritionists and Dietitians,

OptometristsOptometrists• Lawyers, Accountants, Criminologists, Customs BrokersLawyers, Accountants, Criminologists, Customs Brokers• Mechanical Engineers, Electrical Engineers, Electronics and Mechanical Engineers, Electrical Engineers, Electronics and

Communications EngineersCommunications Engineers• Architects, Interior Designers, Landscape ArchitectsArchitects, Interior Designers, Landscape Architects• Civil Engineers, ArchitectsCivil Engineers, Architects, Sanitary Engineers, Geodetic Engineers, , Sanitary Engineers, Geodetic Engineers,

Master Plumbers, Agricultural Engineers, Environmental PlannersMaster Plumbers, Agricultural Engineers, Environmental Planners• Many OthersMany Others

PRBoA Anotation. There is NO such overlap between architects and civil engineers (CEs). Otherwise, why would separate laws for Architects and CEs become necessary? The CEs only insist that there is such an overlap because they apparently want to practice two (2) professions with their CE registration and license. Architects only want to practice one profession – theirs. It is also important to remember that the CEs participated in the crafting of R.A. No. 9266 (The Architecture Act of 2004) and that the architects gave up structural design in exchange for the CE support for the said law. Now the CEs are making it appear that there is NO such deal and that architects were fools for readily giving up structural design.

Overlap Among ProfessionsOverlap Among Professions(Some Examples)(Some 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 deliveryprofessional 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 documentopinion or document

Overlap Among ProfessionsOverlap Among Professions(Some Examples)(Some Examples)• The The act of preparing designs, plans and act of preparing designs, plans and

specifications for the interior of a specifications for the interior of a building could constitute the practice of building could constitute the practice of architecture or interior designarchitecture or interior design, , depending on which professional depending on which professional prepared the documentsprepared the documents

• The The act of preparing act of preparing designs, plansdesigns, plans and and specifications for a specifications for a buildingbuilding could could constitute the practice of architecture or constitute the practice of architecture or civil engineeringcivil engineering, depending on which , depending on which professional prepared the documentsprofessional prepared the documents

Revisiting the Revised IRRRevisiting the Revised IRR• Section 302.4 - Architectural Plans/DrawingsSection 302.4 - Architectural Plans/Drawings

– Vicinity Map/Location PlanVicinity Map/Location Plan– Site Development PlanSite Development Plan– PerspectivePerspective– Floor PlansFloor Plans– ElevationsElevations– SectionsSections– Reflected Ceiling PlanReflected Ceiling Plan– Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections– Schedule of Doors and WindowsSchedule of Doors and Windows– Schedule of FinishesSchedule of Finishes– Details of other major architectural elementsDetails of other major architectural elements

• Architectural Interiors/Interior DesignArchitectural Interiors/Interior Design• Plans and Specific Locations of Accessibility FacilitiesPlans and Specific Locations of Accessibility Facilities• Fire Safety DocumentsFire Safety Documents• Other Related DocumentsOther Related Documents

Revisiting the Revised IRRRevisiting the Revised IRR

• Section 302.5 – Civil Engineering Section 302.5 – Civil Engineering DocumentsDocuments– Site Development PlanSite Development Plan– Structural PlansStructural Plans– Structural Analysis and DesignStructural Analysis and Design– Boring and Load TestsBoring and Load Tests– Seismic AnalysisSeismic Analysis– Other related documentsOther related documents

Correct List of Civil Engineering DocumentsCorrect List of Civil Engineering Documents• Section 302.5 – Civil Engineering DocumentsSection 302.5 – Civil Engineering Documents– Vicinity Map/Location PlanVicinity Map/Location Plan– Building PlansBuilding Plans

• PerspectivePerspective• Floor PlansFloor Plans• ElevationsElevations• SectionsSections• Reflected Ceiling PlanReflected Ceiling Plan• Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections• Schedule of Doors and WindowsSchedule of Doors and Windows• Schedule of FinishesSchedule of Finishes• Structural PlansStructural Plans

– Site Development PlanSite Development Plan– Structural Analysis and DesignStructural Analysis and Design– Boring and Load TestsBoring and Load Tests– Seismic AnalysisSeismic Analysis– Other related documentsOther related documents

PRBoA Anotation. The items labeled as “building plans” are clearly ARCHITECTURAL documents that make up the “A” sheets of building plans. This appears to be a clear and deliberate attempt by Civil Engineers (CEs) to portray or pass themselves off as legally capable and able to do a registered and licensed architect (RLA)’s work. The CEs do NOT have the academic preparation, nor the sub-professional training, nor the registration/ license and the professional training to do the work of architects. For instance, were the CEs ever trained in the preparation of ARCHITECTURAL plans, designs and even perspectives for that matter? The CEs do NOT have a single academic unit of architecture to their credit. The foregoing statements also preempt the decision of the court and the responsible CEs can similarly be charged with indirect contempt.

Revised IRR is in ErrorRevised IRR is in Error• Revised IRR is Revised IRR is in errorin error by limiting “civil engineering documents” to those by limiting “civil engineering documents” to those enumerated in Section 302.5.enumerated in Section 302.5.

• Revised IRR is Revised IRR is in errorin error by not including the documents enumerated in by not including the documents enumerated in Section 302.4Section 302.4 in the list of “civil engineering documents” in Section in the list of “civil engineering documents” in Section 302.5.302.5.

• The documents enumerated in Section 302.4 are not generically The documents enumerated in Section 302.4 are not generically “architectural documents”.“architectural documents”.

• The documents enumerated in Section 302.4 are “Architectural The documents enumerated in Section 302.4 are “Architectural Documents” only if prepared, signed and sealed by an ArchitectDocuments” only if prepared, signed and sealed by an Architect

• The documents enumerated in Section 302.4 are “Civil Engineering The documents enumerated in Section 302.4 are “Civil Engineering Documents” if they are prepared, signed and sealed by a Civil EngineerDocuments” if they are prepared, signed and sealed by a Civil Engineer

PRBoA Anotation. The 2004 Revised IRR of the 1977 NBCP (P.D. No. 1096) is fully compliant with prevailing Philippine laws. The documents listed under Sec. 302.4 are ALL ARCHITECTURAL documents requiring the involvement of a registered and licensed architect (RLA) and NO other regulated professional to prepare, sign and seal the same. These documents are clearly defined under the 2004 Implementing Rules and Regulations (IRR) of R.A. No. 9266 (The Architecture Act of 2004). The civil engineers (CEs) apparently do NOT have any IRR for their law i.e. R.A. No. 1582 (which amended R.A. No. 544) and are therefore unable to offer a definition for “civil engineering plan” or “building plan” for that matter. The foregoing statements by the CE/s responsible, as disseminated by the through a CE website, preempts the court’s judgment and should also make them liable for charges of indirect contempt.

Revised IRR is Revised IRR is in Errorin Error• Civil Engineers have been preparing, signing and sealing Civil Engineers have been preparing, signing and sealing buildingbuilding designs, designs, plansplans and specifications not only for the past and specifications not only for the past 50 years (life of 50 years (life of RA 544RA 544) but even before the professions or ) but even before the professions or Architecture and Civil Engineering were regulatedArchitecture and Civil Engineering were regulated

• The preparation, signing and sealing of The preparation, signing and sealing of building designs, plansbuilding designs, plans and specifications is part of the practice of Civil Engineering by and specifications is part of the practice of Civil Engineering by law, history and traditionlaw, history and tradition

• ThisThis rightright of Civil Engineers to prepare, sign and seal building of Civil Engineers to prepare, sign and seal building designs, plans and specifications has designs, plans and specifications has never been legally never been legally challengedchallenged, up to the present, up to the present

• There has never been any case filedThere has never been any case filed or legal judgment or legal judgment rendered that this practice of Civil Engineers has had rendered that this practice of Civil Engineers has had any any adverse effect to any person or has been harmful to public adverse effect to any person or has been harmful to public welfarewelfare

PRBoA Anotation. Even if the Civil Engineers (CEs) were supposedly able to do what architects did before R.A. Nos. 545 of 1950, before R.A. No. 1581 of 1956 and before R.A. No. 9266 of 2004 came into being, the fact that these laws existed or are presently valid and subsisting, does NOT excuse the CEs who violate/d these laws and who may be held criminally liable for the illegal practice of architecture. The CEs are now being legally challenged in court by registered and licensed architects (RLAs) based on the cases the CEs filed themselves. The RLAs are now in a position to tell the court the disadvantages/ evils of allowing the CEs to illegally practice architecture.

Revised IRR is Revised IRR is in Errorin Error• The only parties affected by this practice are The only parties affected by this practice are Architects who are forced Architects who are forced

to compete with Civil Engineers in the open marketto compete with Civil Engineers in the open market• The The purpose of regulatory laws is to protect the public and not any purpose of regulatory laws is to protect the public and not any

particular professionparticular profession• RA 9266 is irrelevant to this issueRA 9266 is irrelevant to this issue which is concerned only with the which is concerned only with the

practice of Civil Engineeringpractice of Civil Engineering• RA 9266 affects only the profession of ArchitectureRA 9266 affects only the profession of Architecture and not Civil and not Civil

Engineering (Section 43)Engineering (Section 43)• RA 9266 has not repealed RA 9266 has not repealed RA 544RA 544 (Section 47) (Section 47)• RA 9266 has not removed the preparation, signing and sealing ofRA 9266 has not removed the preparation, signing and sealing of

buildingbuilding designs, designs, plans plans and specifications from the practice of Civil and specifications from the practice of Civil EngineeringEngineering

PRBoA Anotation. Architects do NOT compete with the Civil Engineers (CEs) for the plain and simple reason that architects were trained to “work with” the CEs and that the architects are secure in their knowledge that they are the SOLE professionals who can prepare the proper ARCHITECTURAL plans and designs for ANY building. Not content with designing the structural/civil works and with managing and actually constructing a project (which are all major efforts in a construction and development project), it is the CEs who insist that they can do away with architects and that they can do the job of the architects despite their obvious and undeniable lack of academic and sub-professional preparation. R.A. No. 9266 is very specific in its MULTIPLE provisions stating that only registered and licensed architects (RLAs) shall prepare, sign and seal ARCHITECTURAL documents i.e. the “A” sheets of the building plans, architectural specifications, estimates & contract documents & the like.

Revised IRR is Revised IRR is Biased in Favor of ArchitectsBiased in Favor of Architects• Revised IRR Revised IRR confers the position of confers the position of Prime Professional to Architects, without Prime Professional to Architects, without

any legal basisany legal basis• Revised IRR Revised IRR conveniently invokes the conveniently invokes the Principle of OverlapPrinciple of Overlap of Architecture with of Architecture with

the profession of Interior Design with regards to preparation, signing and the profession of Interior Design with regards to preparation, signing and sealing of designs, plans and specifications for building interiorssealing of designs, plans and specifications for building interiors

• Revised IRR Revised IRR totally totally disregards the Principle of Overlapdisregards the Principle of Overlap of Architecture with of Architecture with the profession of Civil Engineering with regards to preparation, signing and the profession of Civil Engineering with regards to preparation, signing and sealing of designs, plans and specifications for Buildings sealing of designs, plans and specifications for Buildings

P

PRBoA Anotation. The Architects have been the Prime Professional for buildings for eons. The term architect means “master builder” and architects have been involved with all phases of building planning and implementation, even its occupancy and usage. The word “buildings” is UNIVERSALLY associated with architects and NOT with civil engineers. The 2004 Revised IRR of the 1977 NBCP did NOT confer anything on architects as the role of the architects in buildings is an undeniable fact that only the leaders of the Philippine civil engineers (CEs) refuse to recognize. Architects and interior designers share the practice of planning and designing ARCHITECTURAL interiors, which the CEs are even more unqualified to offer or render. With the removal of structural design from the scope of architectural practice under R.A. No. 9266 (with the concurrence and support of the CEs), there is now NO overlap between the practices of architects and CEs. Architectural documents i.e. the “A” sheets of building plans, are clearly only for architects to prepare, sign and seal.

Guidelines Guidelines in Preparing in Preparing Building Building Designs, Designs, PlansPlans and Specifications by and Specifications by Civil EngineersCivil Engineers• While the While the Old IRR allows Civil Engineers to sign and seal Old IRR allows Civil Engineers to sign and seal

Architectural plans and documentsArchitectural plans and documents, this is not advisable to , this is not advisable to avoid possible conflict with RA 9266avoid possible conflict with RA 9266

• Label all plans, specifications and other documents “Civil Label all plans, specifications and other documents “Civil Engineering” before signing and sealing them (Do not sign and Engineering” before signing and sealing them (Do not sign and seal any plan or document labeled “Architectural”,seal any plan or document labeled “Architectural”, or any other or any other profession)profession)

• Place the title “Civil Engineer” under your name and signature Place the title “Civil Engineer” under your name and signature when signing plans, specifications and other documents (Do not when signing plans, specifications and other documents (Do not sign in any space that contains the title “Architect”, or any sign in any space that contains the title “Architect”, or any other profession, whether in the plans, documents, application other profession, whether in the plans, documents, application for permit, or the permit itself)for permit, or the permit itself)

• If a Civil Engineer signs a plan labeled “Architectural Plans”, or If a Civil Engineer signs a plan labeled “Architectural Plans”, or signs in a space containing the title “Architect”, he could be signs in a space containing the title “Architect”, he could be charged with practicing Architecture and with violating RA charged with practicing Architecture and with violating RA 9266.9266.

PRBoA Anotation. Glaring mistakes under the Old IRR were corrected under the 2004 Revised IRR of P.D. No. 1096. Civil Engineers (CEs) must always remember that when they prepare sign and seal ARCHITECTURAL plans, designs, specifications and documents, even if these are labeled as “civil engineering” documents, they may then become criminally liable for the illegal practice of architecture under R.A. No. 9266.

PICE has obtained Preliminary PICE has obtained Preliminary Injunction from Manila RTCInjunction from Manila RTC• PICE obtained PICE obtained 72 hour Temporary Restraining 72 hour Temporary Restraining

Order (TRO)Order (TRO) against implementation of against implementation of Revised IRR first week of May, 2005Revised IRR first week of May, 2005

• PICE obtained PICE obtained 20-day TRO20-day TRO second week of second week of May, 2005May, 2005

• PICE obtained PICE obtained Preliminary Injunction on May Preliminary Injunction on May 24, 200524, 2005

• Preliminary Injunction has Preliminary Injunction has no expiry dateno expiry date and and means that implementation of the Revised means that implementation of the Revised IRR is stopped until the issues raised by PICE IRR is stopped until the issues raised by PICE are resolvedare resolved

Preliminary Injunction Preliminary Injunction Recognizes Issue Raised by Recognizes Issue Raised by PICEPICE• Dispositive paragraph of Preliminary Injunction states:Dispositive paragraph of Preliminary Injunction states:

“ “Both the petitioner and respondent are one that Both the petitioner and respondent are one that one cannot be one cannot be deprived of the right to work and the right to make a living because deprived of the right to work and the right to make a living because these rights are property rightsthese rights are property rights. It is not disputed that prior to the . It is not disputed that prior to the issuance of the questioned IRR, petitioners, as civil engineers, were issuance of the questioned IRR, petitioners, as civil engineers, were exercising the subject rights pursuant toexercising the subject rights pursuant to R.A. 544 and R.A. 544 and P.D. 1096P.D. 1096 as as well as Ministry Order 57well as Ministry Order 57 which the subject IRR would now remove which the subject IRR would now remove from them.from them. It is a legal truism that ‘the spring cannot rise higher It is a legal truism that ‘the spring cannot rise higher than its source’. At this stage of the proceedings, it would appear than its source’. At this stage of the proceedings, it would appear that the that the new IRR goes beyond the laws it seeks to implementnew IRR goes beyond the laws it seeks to implement.”.”

PRBoA Anotation. The Writ of Preliminary Injunction was based on apparently inaccurate and potentially misleading claims made by the CEs. Their heavy reliance on the apparently altered/ intercalated version of Sec. 302 of the 1977 National Building Code of the Philippines (P.D. No. 1096) is a potentially material misrepresentation of fact and law and the CEs, whether wittingly or unwittingly using the said altered version to secure the 2005 injunction, must be held accountable for their actions, which have severely prejudiced Philippine architects. That the injunction is now being actively used by the CEs to frustrate the legal and rightful implementation of R.A. No. 9266 (The Architecture Act of 2004) even if the said injunction does NOT apply to R.A. No. 9266, is an altogether separate matter that the same entities have to account for.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• DPWH, through Solicitor General, submitted their DPWH, through Solicitor General, submitted their

answer on June 17, 2005answer on June 17, 2005• Sections 2 and 23 of Sections 2 and 23 of RA 544RA 544 does not state in clear does not state in clear

and unequivocal terms that civil engineers can and unequivocal terms that civil engineers can prepare, sign and seal prepare, sign and seal architectural architectural documentsdocuments

• Only under Only under Section 302 of PD 1096Section 302 of PD 1096 and Section 3.2 and Section 3.2 of Ministry Order 57 of Ministry Order 57 that the right of civil 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.

PRBoA Anotation. There is absolutely NOTHING mentioned under the actual/signed/AUTHENTIC Sec. 302 of the 1977 National Building Code of the Philippines/ NBCP (P.D. No. 1096) as to who shall sign and seal ARCHITECTURAL documents. Ministry Order No. 57, which appear NOT to mention signatories to ARCHITECTURAL documents, also does NOT have the power to change Sec. 302 of the 1977 National Building Code of the Phils. (P.D. No. 1096).

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• Section 302 of PD 1096Section 302 of PD 1096 and Section 3.2 and Section 3.2

of Ministry Order 57 have been of Ministry Order 57 have been repealed by Sections 20, 25 and 29 of repealed by Sections 20, 25 and 29 of RA 9266, the “Architecture Act of 2004”RA 9266, the “Architecture Act of 2004”

• Assuming arguendo that Sections 2 and Assuming arguendo that Sections 2 and 23 of 23 of RA 544RA 544 include the preparation of include the preparation of architecturalarchitectural documents, said provision documents, said provision has likewise been repealed by RA 9266has likewise been repealed by RA 9266

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• RA 9266 was approved on March 17, RA 9266 was approved on March 17,

2004 while 2004 while RA 544RA 544, , PD 1096PD 1096 and and Ministry Order 57 were approved in Ministry Order 57 were approved in 1950, 1977 and 1978, respectively.1950, 1977 and 1978, respectively.

• In case of irreconcilable conflict between In case of irreconcilable conflict between two laws, the two laws, the later enactment must later enactment must prevailprevail..

• That RA 9266 has repealed the other That RA 9266 has repealed the other laws is evident from Section 46 of RA laws is evident from Section 46 of RA 9266.9266.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• PD 1096 is a general lawPD 1096 is a general law as it deals as it deals

with the practice of various with the practice of various professions, while professions, while RA 9266 is a special RA 9266 is a special lawlaw because it deals exclusively with because it deals exclusively with the practice of architecture.the practice of architecture.

• It is a finely-imbedded principle that a It is a finely-imbedded principle that a special provision of law prevails over a special provision of law prevails over a general onegeneral one..

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• The Revised IRR did not amend nor The Revised IRR did not amend nor

supplant the laws promulgated by supplant the laws promulgated by the legislature.the legislature.

• The Revised IRR is consistent and in The Revised IRR is consistent and in harmony with the pertinent harmony with the pertinent provisions of RA 9266.provisions of RA 9266.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• It is erroneous to claim that the Revised It is erroneous to claim that the Revised

IRR is null and void because it gives IRR is null and void because it gives architects the exclusive right to prepare, architects the exclusive right to prepare, sign and seal sign and seal architecturalarchitectural documents. documents.

• It is the legislature by virtue of RA 9266 It is the legislature by virtue of RA 9266 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 documentsarchitectural documents..

Understanding RA 9266Understanding RA 9266

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

Understanding RA 9266Understanding RA 9266• Section 20(2) – No officer or employee of this Section 20(2) – No officer or employee of this

Republic, chartered cities, provinces and Republic, chartered cities, provinces and municipalities, now or hereafter charged with municipalities, now or hereafter charged with the enforcement of laws, ordinances or the enforcement of laws, ordinances or regulations relating to the construction or regulations relating to the construction or alteration of buildings, shall accept or approve alteration of buildings, shall accept or approve any architectural plans or specifications which any architectural plans or specifications which have not been prepared and submitted in full have not been prepared and submitted in full accord with all the provisions of this Act; nor accord with all the provisions of this Act; nor shall any payments be approved by any officer shall any payments be approved by any officer for any work, the plans and specifications for for any work, the plans and specifications for which have not been so prepared and signed which have not been so prepared and signed and sealed by the author.and sealed by the author.

Understanding RA 9266Understanding RA 9266

• Section 20(5) – AllSection 20(5) – All architectural architectural plans, designs, drawingsplans, designs, drawings andand architectural documentsarchitectural documents relative to relative to the construction of a building shall bear the construction of a building shall bear the seal and signature the seal and signature only of an only of an architectarchitect registered and licensed under registered and licensed under this Act together with his/her professional this Act together with his/her professional identification number and the date of its identification number and the date of its expiration.expiration.

Understanding RA 9266Understanding RA 9266• Section 25 – “No person shall Section 25 – “No person shall practice practice

architecturearchitecture in this country, or in this country, or engage in engage in preparing architectural plans, preparing architectural plans, specifications or preliminary data for the specifications or preliminary data for the erection or alteration of any buildingerection or alteration of any building located within the boundaries of this country, or located within the boundaries of this country, or use the title “Architect”use the title “Architect”, or , or display the display the word “Architect” together with another word “Architect” together with another wordword, or , or use any title, sign, card, use any title, sign, card, advertisement, or other devise to indicate advertisement, or other devise to indicate such person practices or offers to practice such person practices or offers to practice architecture, or is an architectarchitecture, or is an architect, unless such , unless such person shall have received from the Board a person shall have received from the Board a Certificate of Registration and be issued a Certificate of Registration and be issued a Professional Identification Card.”Professional Identification Card.”

Understanding RA 9266Understanding RA 9266

• Section 29 – Prohibition in the Practice of Section 29 – Prohibition in the Practice of Architecture and Penal Clause. – Any person Architecture and Penal Clause. – 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 registered/licensed and who are not holders of temporary or special permits in of temporary or special permits in accordance with the provisions of this Act … accordance with the provisions of this Act … shall be guilty of misdemeanor and charged shall be guilty of misdemeanor and charged in court by the Commission…in court by the Commission…

Exclusive to ArchitectsExclusive to Architects• Practice architecture in the PhilippinesPractice architecture in the Philippines• Engage in preparing architectural Engage in preparing architectural

plans, specifications or preliminary plans, specifications or preliminary data for the erection or alteration of data for the erection or alteration of any building located within the any building located within the boundaries of the Philippinesboundaries of the Philippines

• Use the title “Architect”Use the title “Architect”• Display the word “Architect” together with Display the word “Architect” together with

another wordanother word• Display or use any title, sign, card, advertisement, Display or use any title, sign, card, advertisement,

or other device to indicate such person practices or other device to indicate such person practices or offers to practice architecture, or is an architector offers to practice architecture, or is an architect

Revisiting PD 1096 and Ministry Order No. Revisiting PD 1096 and Ministry Order No. 5757• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Section and Section 3.2 of Ministry 3.2 of Ministry

Order No. 57Order No. 57 (Old IRR) (Old IRR) requiresrequires the submittal to the the submittal to the Building Official of five (5) sets of plans and Building Official of five (5) sets of plans and specifications prepared, signed and sealed by a duly specifications prepared, signed and sealed by a duly licensed licensed architect or civil engineer, in case of architect or civil engineer, in case of architectural and structural plans.architectural and structural plans.

PRBoA Anotation. There is absolutely NOTHING mentioned under the actual/signed/AUTHENTIC Sec. 302 of the 1977 National Building Code of the Philippines/ NBCP (P.D. No. 1096) as to who shall sign and seal ARCHITECTURAL documents. The foregoing statement may be construed as a potentially deliberate misrepresentation of fact and law. Since there is NOTHING in both P.D. 1096 and R.A. No. 1582 (544) specifically saying that civil engineers (CEs) can sign and seal ARCHITECTURAL documents, we have to abide by R.A. No.9266, which is the governing law insofar as ARCHITECTURAL documents are concerned. Ministry Order No. 57 is only a mere executive issuance that appears NOT to mention the signatory to ARCHITECTURAL documents and does NOT have the power to change what is explicitly stated under Sec. 302 of the 1977 NBCP (P.D. No. 1096).

Revisiting Section 2 of Revisiting Section 2 of RA 544RA 544• Section 2, Section 2, RA 544RA 544 – “The practice of civil – “The practice of civil

engineering within the meaning and intent engineering within the meaning and intent of this Act shall embrace services in the of this Act shall embrace services in the form of consultation, design, form of consultation, design, preparation preparation of plans, specificationsof plans, specifications, estimates, , estimates, erection, installation and supervision of erection, installation and supervision of construction construction ofof streets, bridges, highways, streets, bridges, highways, railroads, airports and hangars, portworks, railroads, airports and hangars, portworks, canals, river and shore improvements, canals, river and shore improvements, lighthouses, and dry docks; lighthouses, and dry docks; buildingsbuildings,, fixed structures for irrigation, flood fixed structures for irrigation, flood protection, drainage, water supply and protection, drainage, water supply and sewerage works, demolition of permanent sewerage works, demolition of permanent structures, and tunnels.”structures, and tunnels.”

Revisiting Section 23 of Revisiting Section 23 of RA 544RA 544• Section 23, Section 23, RA 544RA 544 – “It shall be unlawful for any – “It shall be unlawful for any

person to order or otherwise cause the construction, person to order or otherwise cause the construction, reconstruction, or alteration of any reconstruction, or alteration of any buildingbuilding or or structure intended for public gathering or assembly structure intended for public gathering or assembly such as theaters, cinematographs, stadia, churches such as theaters, cinematographs, stadia, churches or structures of like natureor structures of like nature, and any other , and any other engineering structures mentioned in section two of engineering structures mentioned in section two of this Act unless the this Act unless the designs, plans and designs, plans and specificationsspecifications of the same have been of the same have been preparedprepared under the responsible charge of, and under the responsible charge of, and signed and sealed by a registered civil signed and sealed by a registered civil engineerengineer, and unless the construction, , and unless the construction, reconstruction and/or alteration thereof are 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 Why DPWH Answer is WrongWrong• The DPWH answer presumes that the PICE The DPWH answer presumes that the PICE

case is that civil engineers can prepare, case is that civil engineers can prepare, sign and seal “architectural plans and sign and seal “architectural plans and documents”.documents”.

• The PICE case is: The PICE case is: Civil Engineers should Civil Engineers should not be prevented from practicing civil not be prevented from practicing civil engineering which includes preparing, engineering which includes preparing, signing and sealing signing and sealing buildingbuilding plans and plans and documents.documents.PRBoA Anotation. The Civil Engineers (CEs) and their leaders must

be knowledgeable enough to understand the difference between “BUILDING plans” (which is a GENERIC term) and “ARCHITECTURAL” plans (which is a SPECIFIC term). ARCHITECTURAL plans and designs make up the “A” sheets of BUILDING plans. R.A. No. 9266 (The Architecture Act of 2004) is a SPECIAL law that prevails over the provisions of either R.A. No. 1582 (which repealed R.A. No. 544) and P.D. No. 1096 whenever these refer to the GENERIC terms “building” or “building plans”.

Why DPWH Answer is Why DPWH Answer is WrongWrong• It is immaterial whether PD 1096 and It is immaterial whether PD 1096 and

Ministry Order NO. 57 has been repealed Ministry Order NO. 57 has been repealed by RA 9266 because it is by RA 9266 because it is RA 544RA 544 (not PD (not PD 1096) that gives civil engineers the 1096) that gives civil engineers the right right to prepare, sign and seal building plansto prepare, sign and seal building plans

• RA 9266 has not repealed Sections 2 and RA 9266 has not repealed Sections 2 and 23 of RA 23 of RA 544544 because these sections are because these sections are not inconsistent with RA 9266 as they do not inconsistent with RA 9266 as they do not state that civil engineers can prepare, not state that civil engineers can prepare, sign and seal “architectural plans or sign and seal “architectural plans or documents”documents” (There is nothing to repeal). (There is nothing to repeal).

Why DPWH Answer is Why DPWH Answer is WrongWrong• Sections Sections 22 and 23 of and 23 of RA 544RA 544 clearly states that the preparation, clearly states that the preparation,

signing and sealing of “signing and sealing of “building building plansplans” are ” are within the scope of within the scope of practice of civil engineeringpractice of civil engineering..

• Therefore, the PICE case hinges on the proper interpretation of the Therefore, the PICE case hinges on the proper interpretation of the term “term “buildingbuilding plansplans”.”.

• The PICE position is that the term “building plans” include The PICE position is that the term “building plans” include all plans of buildingsall plans of buildings..

PRBoA Anotation. The foregoing may be typical of the conceit exhibited by SOME Philippine Civil Engineers (CEs) and/ or their leaders. While architects are only saying that architecture is their domain, the CEs are now saying that they can prepare, sign and seal “ALL” BUILDING plans which would necessarily include ARCHITECTURAL, civil works, structural, electrical, mechanical, electronics and communications (ECE) including information and communications technology (ICT) components, sanitary, master plumbing, interior design, environmental planning, landscape architectural documents (and possibly even furniture designs, graphic designs and the like). The CEs want to be seen as “super professionals” and yet they could NOT muster enough courage to take a 5-year architecture course plus 2 years of diversified training on building planning and design plus solving the building planning/design problem in the Architecture Licensure (ALE) to qualify for the legal practice of architecture.

Why DPWH Answer is Why DPWH Answer is WrongWrong• Architects claim that the term Architects claim that the term

“building plans” in “building plans” in RA 544RA 544 means means “structural building plans”“structural building plans”

• If this is the case, why is that not If this is the case, why is that not what is stated?what is stated?

• If this is the case, why is it that civil If this is the case, why is it that civil engineers have been engineers have been preparing, preparing, signing and sealingsigning and sealing complete complete “building plans” for thousands of “building plans” for thousands of yearsyears, without any legal challenge?, without any legal challenge?

Why DPWH Answer is Why DPWH Answer is WrongWrong• The DPWH answer is totally The DPWH answer is totally

dependent on the premise that RA dependent on the premise that RA 9266 is relevant to this case.9266 is relevant to this case.

• This will only be true if the case is This will only be true if the case is about the practice of architectureabout the practice of architecture..

• The PICE case is The PICE case is not about the not about the practice of architecturepractice of architecture but about but about the practice of civil engineering.the practice of civil engineering.

• Therefore, Therefore, RA 9266 is irrelevantRA 9266 is irrelevant, , and the applicable law is RA 544.and the applicable law is RA 544.

RA 9266 Cannot Justify the Revised RA 9266 Cannot Justify the Revised IRRIRR

• Section 43, RA 9266 – “This Act shall not be Section 43, RA 9266 – “This Act shall not be construed to affect or prevent the practice of construed to affect or prevent the practice of any other any other legally recognized professionlegally recognized profession.”.”– RA 9266 RA 9266 does notdoes not affect affect the scope of practice of the scope of practice of

Civil EngineeringCivil Engineering• Section 46 of RA 9266 - “Republic Act No. 545, Section 46 of RA 9266 - “Republic Act No. 545,

as amended by Republic Act No. 1581, is as amended by Republic Act No. 1581, is hereby repealed and hereby repealed and all other laws, orders and all other laws, orders and regulations or resolutions or part/s thereof regulations or resolutions or part/s thereof inconsistent with the provisions of this Act are inconsistent with the provisions of this Act are hereby repealed or modified accordinglyhereby repealed or modified accordingly” ” does does not repeal or modify RA not repeal or modify RA 544544 for the following for the following reasons:reasons:– No provision of No provision of RA 544RA 544 is inconsistent with RA 9266, is inconsistent with RA 9266,

because because RA 544RA 544 does not authorize civil engineers does not authorize civil engineers to prepare, sign and seal to prepare, sign and seal architectural architectural plans and plans and documentsdocuments

DPWH Answer to Preliminary InjunctionDPWH Answer to Preliminary Injunction• DPWH answer acknowledges that the direct consequence of the DPWH answer acknowledges that the direct consequence of the

revised IRR is to deprive more than a hundred thousand civil revised IRR is to deprive more than a hundred thousand civil engineers of their engineers of their right toright to earn a living which has been vested earn a living which has been vested upon them for more than fifty years nowupon them for more than fifty years now..

• DPWH answer cites the principle of “dura lex sed lex (The law is DPWH answer cites the principle of “dura lex sed lex (The law is harsh but the law is still the law).harsh but the law is still the law).

PRBoA Anotation. The Civil Engineer (CE)’s right to earn a living does NOT include practicing a SEPARATELY regulated profession. Architects do NOT practice civil engineering so why should CEs practice architecture? If CEs want to practice architecture, then they should become registered and licensed architects (RLAs) first and comply with the requisites for admission into the practice, just as the older CEs have done in the past. The CE registration and license are NOT documents that allow CEs to practice two (2) professions. When CEs prepare sign and seal ARCHITECTURAL plans, designs, specifications and documents, even if these are labeled as “civil engineering” documents, they may become liable for the illegal practice of architecture under R.A. No. 9266.

Why DPWH Answer is Why DPWH Answer is WrongWrong• The PICE position is that The PICE position is that all existing laws must be all existing laws must be

enforced, includingenforced, including RA 9266, PD 1096 and RA 9266, PD 1096 and RA 544RA 544..• The DPWH position is correct only if RA 9266 is The DPWH position is correct only if RA 9266 is

the applicable law to this case.the applicable law to this case.• If If RA 544RA 544 is the applicable law, then the revised is the applicable law, then the revised

IRR deprives civil engineers of a right vested upon IRR deprives civil engineers of a right vested upon them by law.them by law.

• Since the Since the PICE case is about the practice of civil PICE case is about the practice of civil engineeringengineering and not the practice of architecture, and not the practice of architecture, the relevant law is the relevant law is RA 544RA 544..

PRBoA Anotation. The 1977 National Building Code of the Philippines (P.D. No. 1096) is all about buildings. Its architectural sections under the 2004 Revised IRR have been written in the language of the architects and approved for official use by the right-thinking civil engineers (CEs) in the DPWH. Secs. 302.3 and 302.4 are about ARCHITECTURAL documents. The case against the DPWH Secretary is about CEs wanting to continue to practice the SEPARATE regulated profession of architecture long after R.A. No. 9266 (which the CEs helped craft) was approved into law.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• 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 permit are prepared, signed and sealed by by competent professionalscompetent professionals who possess who possess the required skills, knowledge and the required skills, knowledge and expertise on the matter to safeguard life, expertise on the matter to safeguard life, health, property and public welfare.health, property and public welfare.

Why DPWH Answer is Why DPWH Answer is WrongWrong• Civil Engineers have prepared, signed and sealed Civil Engineers have prepared, signed and sealed building plansbuilding plans for thousands for thousands

of yearsof years, with distinction, with distinction• There has never been a legal challengeThere has never been a legal challenge, much less a decision, questioning this , much less a decision, questioning this

right right of civil engineersof civil engineers• There has never been a single caseThere has never been a single case, much less a decision, that civil engineers , much less a decision, that civil engineers

are a threat to life, health, property or public welfareare a threat to life, health, property or public welfare• It is an It is an insult insult to the civil engineering profession to question the competence of to the civil engineering profession to question the competence of

civil engineers to prepare, sign and seal civil engineers to prepare, sign and seal buildingbuilding plansplans• It is an It is an insult insult to the civil engineering profession to to the civil engineering profession to accuseaccuse civil engineers of civil engineers of

being threats to life, health, property or public welfarebeing threats to life, health, property or public welfarePRBoA Anotation. The term civil engineer (CE) probably came into use only in the last 100 to 150 years. Before this, there was only military engineering which largely dealt with fortifications and defenses. The entities who used to plan, design and supervise the erection of large buildings and structures were actually architects (as the master builders, the literal translation of the word “architect”). The planning of roads and cities were also done by architects or architect-planners and for a time in the late 1800s and early twentieth century by landscape architects. It is probable that the precursors of the civil engineers were there but they were probably not performing a senior role in project planning and implementation. There are presently several cases in the Philippines wherein the alleged right of CEs to prepare, sign and seal ARCHITECTURAL plans are being directly challenged by registered and licensed architects (RLAs).

ConclusionConclusion• Civil Engineers cannot practice architectureCivil Engineers cannot practice architecture• Architects cannot practice civil engineeringArchitects cannot practice civil engineering• When a Civil Engineer prepares, signs and seals building When a Civil Engineer prepares, signs and seals building

plansplans, he is practicing Civil Engineering, not Architecture, he is practicing Civil Engineering, not Architecture• The only law applicable relevant to Civil Engineers is The only law applicable relevant to Civil Engineers is RA 544RA 544..• RA 9266 is RA 9266 is irrelevantirrelevant because it affects only the practice of because it affects only the practice of

Architecture, not Civil EngineeringArchitecture, not Civil Engineering• The Revised IRR The Revised IRR prevents Civil Engineers from practicing Civil prevents Civil Engineers from practicing Civil

EngineeringEngineeringPRBoA Anotation. When a Civil Engineer (CE) prepares, signs and seals ARCHITECTURAL plans and designs i.e. the “A” sheets of the “building plans”, architectural specifications, estimates and contract documents, he/ she is illegally practicing the SEPARATE regulated profession of architecture and may therefore become criminally liable for the illegal practice of architecture under R.A. No. 9266 (The Architecture Act of 2004). The 2004 Revised IRR of the 1977 National Building Code of the Philippines or NBCP (P.D. No. 1096) prevents CEs from practicing architecture because that is what Philippine law provides. The 2004 Revised IRR of the 1977 National Building Code of the Philippines or NBCP (P.D. No. 1096) is fully consistent with Philippine law.