Revised IRR of National Revised IRR of National Building Code – Building Code – Why is an Why is an InjunctionInjunction Necessary Necessary?*?*(Official Position of the (Official Position of the

Philippine Civil Engineers)Philippine 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, The National Building Code, Presidential Decree 1096, was Presidential Decree 1096, was approved in the 1970’sapproved 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 The current IRR is composed of various DPWH Orders and policies various DPWH Orders and policies issued through the yearsissued through the 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 composed The DPWH formed a committee composed of various stakeholders who were of various stakeholders who were consulted regarding the Revised IRRconsulted regarding the Revised IRR

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

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

Short HistoryShort History• The final version of the Revised IRR The final version of the Revised IRR was published in the Manila Standard was published in the Manila Standard three times (April 1, 8 and 15, 2005)three 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 implementable on April 30, 2005, 15 days after the third publicationdays after the third publication

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

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

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

544 (The Civil Engineering Law544 (The Civil Engineering Law))• Specifically, the Revised IRR violates Specifically, the Revised IRR violates Sections 2 Sections 2

and 23 of Republic Act and 23 of 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 Engineers from Practicing Civil Engineering?Civil Engineering?• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Section 3.2 of and Section 3.2 of

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

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

architectural interior/interior design documents, either an architectural interior/interior design documents, either an architect or interior designer may sign;architect or 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 Documents in the Revised IRR (Section 302.4)?(Section 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 Plans and Specific Locations of Accessibility FacilitiesAccessibility 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 Revised IRR will Prevent Civil Engineers from Preparing, Signing and Sealing Preparing, Signing and Sealing Building Building Designs, Designs, PlansPlans and Specifications and Specifications• Revised IRR is correct in identifying the documents listed Revised IRR is correct in identifying the documents listed

in Section 302.4 of the Revised IRR as “architectural in Section 302.4 of the Revised IRR as “architectural documents”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 include the documents listed in both Sections 302.4the documents 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 Engineers from Preparing, Signing and Sealing and Sealing Building Building Designs, Designs, PlansPlans and Specifications and Specifications• Revised IRR will give the exclusive right to Revised IRR will give the exclusive right to

Architects to prepare, sign and seal designs, Architects to prepare, sign and seal designs, plans and specifications enumerated in Section plans and specifications enumerated in Section 302.4 as 302.4 as Architectural Architectural DocumentsDocuments

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

• Revised IRR will make it impossible to obtain Revised IRR will make it impossible to obtain Building Permits for buildings whose designs, Building Permits for buildings whose designs, plans plans and specifications are prepared, signed and and specifications are prepared, signed and sealed by Civil Engineerssealed by Civil EngineersPRBoA 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 of Republic Act No. 544 (The

Civil Engineering Law) Civil Engineering Law) clearly includeclearly include the the preparation, signing and sealing of designs, preparation, signing and sealing of designs, plansplans and specifications of and specifications of buildingsbuildings in the scope of in the scope of practice of Civil Engineeringpractice of Civil EngineeringPRBoA 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 and Specifications in Scope of Practice of Civil Engineeringof Civil Engineering• Section 2, Section 2, RA 544RA 544 – “The practice of civil engineering – “The practice of civil engineering

within the meaning and intent of this Act shall embrace within the meaning and intent of this Act shall embrace services in the form of consultation, design, services in the form of consultation, design, preparation preparation of plans, specificationsof plans, specifications, estimates, erection, installation , estimates, erection, installation and supervision of construction and supervision of construction ofof streets, bridges, streets, bridges, highways, railroads, airports and hangars, portworks, highways, railroads, airports and hangars, portworks, canals, river and shore improvements, lighthouses, and dry canals, river and shore improvements, lighthouses, and dry docks; 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 and Specifications in Scope of Practice of Civil EngineeringPractice of Civil Engineering• Civil Engineering Civil Engineering ServicesServices– ConsultationConsultation– DesignDesign– Preparation of Preparation of PlansPlans

– Preparation of Preparation of SpecificationsSpecifications

– Preparation of Preparation of EstimatesEstimates

– ErectionErection– InstallationInstallation– Supervision of Supervision of

ConstructionConstruction– Demolition of Demolition of

Permanent StructuresPermanent Structures

• Civil Eng’g. Civil Eng’g. StructuresStructures– 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 Allows Civil Engineersto Prepare, Sign and Seal Building Designs, Plans and Prepare, Sign and Seal Building Designs, Plans and SpecificationsSpecifications• Section 23, Section 23, RA 544RA 544 – “It shall be unlawful for any person to order or – “It shall be unlawful for any person to order or

otherwise cause the construction, reconstruction, or alteration of otherwise cause the construction, reconstruction, or alteration of any any buildingbuilding or structure intended for public gathering or structure intended for public gathering or assemblyor assembly such as such as theaters, cinematographs, stadia, churches or structures of like naturetheaters, cinematographs, stadia, churches or structures of like nature, , and any other engineering structures mentioned in section two of this and any other engineering structures mentioned in section two of this Act unless the Act unless the designs, plans and specificationsdesigns, plans and specifications 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 signed and sealed by a registered civil engineerregistered civil engineer, and unless the construction, reconstruction , and unless the construction, reconstruction and/or alteration thereof are executed under the responsible charge and and/or alteration thereof are executed under the responsible charge and direct supervision of a Civil Engineer.”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 Prime ProfessionalProfessional to Architect to 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 The procedure for application of building permit (see next

slide) slide) clearly puts all other professions under the clearly puts all other professions under the ArchitectArchitect

• No Building Permit can be issued without the participation No Building Permit can be issued without the participation of an Architectof an Architect

• The Revised IRR The Revised IRR prevents other professionals from assuming prevents other professionals from assuming the role of Prime Professional in building projectsthe role of Prime Professional in building projects

• This has no basis in any of the professional laws, This has no basis in any of the professional laws, including RA 9266including RA 9266

PRBoA 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 ANDRELEASING

RELOCATION SURVEYPLAN & REPORT

& LINE AND GRADE(GEODETIC)

ARCHITECTURAL/ACCESSIBILITY

LAND USEZONING

CIVIL/STRUCTURAL

ELECTRICAL

MECHANICAL

SANITARY

PLUMBING

ELECTRONICS

INTERIORDESIGN

GEODETIC

OTHERS(SPECIFY)

FINAL EVALUATION&

RECOMMENDATIONBUILDINGOFFICIAL

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 Rules and Regulations shall be formulated by the DPWH Secretaryformulated by 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 P.D. 1096 provides that the IRR shall take effect after their publication take effect after their publication once a week for three consecutive weeks once a week for three consecutive weeks in a newspaper of general circulationin a newspaper 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 Without an injunction, the IRR will now be in effectbe in effect

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

Dietitians, OptometristsDietitians, Optometrists• Lawyers, Accountants, Criminologists, Customs BrokersLawyers, Accountants, Criminologists, Customs Brokers• Mechanical Engineers, Electrical Engineers, Electronics Mechanical Engineers, Electrical Engineers, Electronics

and Communications Engineersand Communications Engineers• Architects, Interior Designers, Landscape ArchitectsArchitects, Interior Designers, Landscape Architects• Civil Engineers, ArchitectsCivil Engineers, Architects, Sanitary Engineers, , Sanitary Engineers,

Geodetic Engineers, Master Plumbers, Agricultural Geodetic Engineers, Master Plumbers, Agricultural Engineers, Environmental PlannersEngineers, Environmental Planners

• Many OthersMany OthersPRBoA 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 midwifery or nursing, depending on which professional carries out the which professional carries out the deliverydelivery

• The act of preparing an opinion on a The act of preparing an opinion on a question of tax law could constitute question of tax law could constitute the practice of law or accounting, the practice of law or accounting, depending on which professional is depending on which professional is the author of the opinion or documentthe author of the opinion or document

Overlap Among ProfessionsOverlap Among Professions(Some Examples)(Some Examples)•The The act of preparing designs, plans act of preparing designs, plans and specifications for the interior and specifications for the interior of a building could constitute the of a building could constitute the practice of architecture or practice of architecture or interior designinterior design, depending on which , depending on which professional prepared the documentsprofessional prepared the documents

•The The act of preparing act of preparing designs, plansdesigns, plans and specifications for a and specifications for a buildingbuilding could constitute the practice of could constitute the practice of architecture or civil engineeringarchitecture or civil engineering, , depending on which professional depending on which professional prepared the documentsprepared 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 Plans and Specific Locations of Accessibility FacilitiesAccessibility 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 Correct List of Civil Engineering DocumentsDocuments• 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” by limiting “civil engineering documents”

to those enumerated in Section 302.5.to those enumerated in Section 302.5.• Revised IRR is Revised IRR is in errorin error by not including the documents enumerated by not including the documents enumerated

in in Section 302.4Section 302.4 in the list of “civil engineering documents” in in the list of “civil engineering documents” in Section 302.5.Section 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 Documents” if they are prepared, signed and sealed by a Civil EngineerEngineer

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 and specifications not only for the past 50 years (life of the past 50 years (life of RA 544RA 544) but even before the ) but even before the professions or Architecture and Civil Engineering were professions or Architecture and Civil Engineering were regulatedregulated

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

• ThisThis rightright of Civil Engineers to prepare, sign and seal of Civil Engineers to prepare, sign and seal building designs, plans and specifications has building designs, plans and specifications has never been never been legally challengedlegally challenged, 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 adverse effect to any person or has been harmful to any adverse effect to any person or has been harmful to public welfarepublic welfare

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 Architects who

are forced to compete with Civil Engineers in the open marketare forced to compete with Civil Engineers in the open market• The The purpose of regulatory laws is to protect the public and purpose of regulatory laws is to protect the public and

not any particular professionnot any particular profession• RA 9266 is irrelevant to this issueRA 9266 is irrelevant to this issue which is concerned only which is concerned only

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

Civil Engineering (Section 43)Civil 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 RA 9266 has not removed the preparation, signing and sealing

ofof building building designs, designs, plans plans and specifications from the and specifications from the practice of Civil Engineeringpractice of Civil Engineering

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 Biased in Favor of ArchitectsArchitects• Revised IRR Revised IRR confers the position of confers the position of Prime Professional to Architects, Prime Professional to Architects,

without any legal basiswithout any legal basis• Revised IRR Revised IRR conveniently invokes the conveniently invokes the Principle of OverlapPrinciple of Overlap of Architecture of Architecture

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

• Revised IRR Revised IRR totally totally disregards the Principle of Overlapdisregards the Principle of Overlap of Architecture of Architecture with the profession of Civil Engineering with regards to preparation, with the profession of Civil Engineering with regards to preparation, signing and sealing of designs, plans and specifications for Buildings signing and 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 and Specifications by Civil Engineersby Civil 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 , this is not advisable to avoid possible conflict with RA 9266to avoid possible conflict with RA 9266

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

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

• If a Civil Engineer signs a plan labeled “Architectural If a Civil Engineer signs a plan labeled “Architectural Plans”, or signs in a space containing the title Plans”, or signs in a space containing the title “Architect”, he could be charged with practicing “Architect”, he could be charged with practicing Architecture and with violating RA 9266.Architecture and with violating RA 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 PICE has obtained Preliminary Injunction Preliminary Injunction from Manila RTCfrom Manila RTC• PICE obtained PICE obtained 72 hour Temporary 72 hour Temporary Restraining Order (TRO)Restraining Order (TRO) against against implementation of Revised IRR first implementation of Revised IRR first week of May, 2005week 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 Preliminary Injunction on May 24, 2005May 24, 2005

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

Preliminary Injunction Preliminary Injunction Recognizes Issue Recognizes Issue Raised by PICERaised by PICE• 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 one cannot be deprived of the right to work and the right to make a be deprived of the right to work and the right to make a living because these rights are property rightsliving because these rights are property rights. It is not . It is not disputed that prior to the issuance of the questioned IRR, disputed that prior to the issuance of the questioned IRR, petitioners, as civil engineers, were petitioners, as civil engineers, were exercising the subject exercising the subject rights pursuant torights pursuant to R.A. 544 and R.A. 544 and P.D. 1096P.D. 1096 as well as Ministry as well as Ministry Order 57Order 57 which the subject IRR would now remove from them.which the subject IRR would now remove from them. It It is a legal truism that ‘the spring cannot rise higher than its is a legal truism that ‘the spring cannot rise higher than its source’. At this stage of the proceedings, it would appear 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 does not state in clear and unequivocal terms that civil engineers clear and unequivocal terms that civil engineers can prepare, sign and seal can 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 repealed of Ministry Order 57 have been repealed by Sections 20, 25 and 29 of RA 9266, by Sections 20, 25 and 29 of RA 9266, the “Architecture Act of 2004”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 In case of irreconcilable conflict between two laws, the between two laws, the later later enactment must prevailenactment must prevail..

• That RA 9266 has repealed the That RA 9266 has repealed the other laws is evident from Section other laws is evident from Section 46 of RA 9266.46 of RA 9266.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction• PD 1096 is a general lawPD 1096 is a general law as it as it deals with the practice of various deals with the practice of various professions, while professions, while RA 9266 is a RA 9266 is a special lawspecial law because it deals because it deals exclusively with the practice of exclusively with the practice of architecture.architecture.

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

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction•The Revised IRR did not amend The Revised IRR did not amend nor supplant the laws nor supplant the laws promulgated by the legislature.promulgated by the legislature.

•The Revised IRR is consistent The Revised IRR is consistent and in harmony with the and in harmony with the pertinent provisions of RA pertinent provisions of RA 9266.9266.

DPWH Answer to Preliminary DPWH Answer to Preliminary InjunctionInjunction•It is erroneous to claim that the It is erroneous to claim that the Revised IRR is null and void because it Revised IRR is null and void because it gives architects the exclusive right to gives architects the exclusive right to prepare, sign and seal prepare, sign and seal architecturalarchitectural documents.documents.

•It is the legislature by virtue of RA It is the legislature by virtue of RA 9266 which gives duly licensed 9266 which gives duly licensed architects the architects the exclusive right to exclusive right to prepare, sign and seal architectural prepare, sign and seal architectural documentsdocuments..

Understanding RA 9266Understanding RA 9266

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

Understanding RA 9266Understanding RA 9266• Section 20(2) – No officer or employee of Section 20(2) – No officer or employee of this Republic, chartered cities, provinces this Republic, chartered cities, provinces and municipalities, now or hereafter charged and municipalities, now or hereafter charged with the enforcement of laws, ordinances or with the enforcement of laws, ordinances or regulations relating to the construction or regulations relating to the construction or alteration of buildings, shall accept or alteration of buildings, shall accept or approve any architectural plans or approve any architectural plans or specifications which have not been prepared specifications which have not been prepared and submitted in full accord with all the and submitted in full accord with all the provisions of this Act; nor shall any provisions of this Act; nor shall any payments be approved by any officer for any payments be approved by any officer for any work, the plans and specifications for which work, the plans and specifications for which have not been so prepared and signed and have not been so prepared and signed and sealed by the author.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 relative to the construction of a building to the construction of a building shall bear the seal and signature shall bear the seal and signature only of an architectonly of an architect registered and registered and licensed under this Act together with licensed under this Act together with his/her professional identification his/her professional identification number and the date of its expiration.number and the date of its 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 located within the boundaries of this country, or country, or use the title “Architect”use the title “Architect”, or , or display the word “Architect” together with display the word “Architect” together with another wordanother word, or , or use any title, sign, use any title, sign, card, advertisement, or other devise to card, advertisement, or other devise to indicate such person practices or offers indicate such person practices or offers to practice architecture, or is an to practice architecture, or is an architectarchitect, unless such person shall have , unless such person shall have received from the Board a Certificate of received from the Board a Certificate of Registration and be issued a Professional Registration and be issued a Professional Identification Card.”Identification Card.”

Understanding RA 9266Understanding RA 9266

• Section 29 – Prohibition in the Practice Section 29 – Prohibition in the Practice of Architecture and Penal Clause. – Any of Architecture and Penal Clause. – Any person who shall practice or offer to person who shall practice or offer to practice architecture in the Philippines practice architecture in the Philippines without being registered/licensed and who without being registered/licensed and who are not holders of temporary or special are not holders of temporary or special permits in accordance with the provisions permits in accordance with the provisions of this Act … shall be guilty of of this Act … shall be guilty of misdemeanor and charged in court by the misdemeanor and charged in court by the Commission…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, Display or use any title, sign, card, advertisement, or other device to indicate advertisement, or other device 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

Revisiting PD 1096 and Ministry Order Revisiting PD 1096 and Ministry Order No. 57No. 57• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Section and Section 3.2 of 3.2 of Ministry Order No. 57Ministry Order No. 57 (Old IRR) (Old IRR) requiresrequires the the submittal to the Building Official of five (5) submittal to the Building Official of five (5) sets of plans and specifications prepared, sets of plans and specifications prepared, signed and sealed by a duly licensed signed and sealed by a duly licensed architect architect or civil engineer, in case of architectural and or civil engineer, in case of architectural and structural plans.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 RA 544544• 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 of plans, preparation of plans, specificationsspecifications, estimates, erection, , estimates, erection, installation and supervision of installation and supervision of construction construction ofof streets, bridges, streets, bridges, highways, railroads, airports and hangars, highways, railroads, airports and hangars, portworks, canals, river and shore portworks, canals, river and shore improvements, lighthouses, and dry docks; improvements, lighthouses, and dry docks; buildingsbuildings,, fixed structures for fixed structures for irrigation, flood protection, drainage, irrigation, flood protection, drainage, water supply and sewerage works, water supply and sewerage works, demolition of permanent structures, and demolition of permanent structures, and tunnels.”tunnels.”

Revisiting Section 23 of Revisiting Section 23 of RA 544RA 544• Section 23, Section 23, RA 544RA 544 – “It shall be unlawful for – “It shall be unlawful for any person to order or otherwise cause the any person to order or otherwise cause the construction, reconstruction, or alteration of construction, reconstruction, or alteration of any any buildingbuilding or structure intended for public or structure intended for public gathering or assembly such as theaters, gathering or assembly such as theaters, cinematographs, stadia, churches or structures cinematographs, stadia, churches or structures of like natureof like nature, and any other engineering , and any other engineering structures mentioned in section two of this Act structures mentioned in section two of this Act unless the 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 executed under the responsible charge and direct supervision of a Civil Engineer.”direct supervision of a Civil Engineer.”

Why DPWH Answer is Why DPWH Answer is WrongWrong• The DPWH answer presumes that the The DPWH answer presumes that the PICE case is that civil engineers can PICE case is that civil engineers can prepare, sign and seal “architectural prepare, sign and seal “architectural plans and documents”.plans and documents”.

• The PICE case is: The PICE case is: Civil Engineers Civil Engineers should not be prevented from should not be prevented from practicing civil engineering which practicing civil engineering which includes preparing, signing and includes preparing, signing and sealing sealing buildingbuilding plans and documents. plans and 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 to prepare, sign and seal right to prepare, sign and seal building plansbuilding 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 not inconsistent with RA 9266 as they do not state that civil engineers can do not state that civil engineers can prepare, sign and seal “architectural prepare, sign and seal “architectural plans or documents”plans or documents” (There is nothing (There is nothing to repeal).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 clearly states that the

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

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

• The PICE position is that the term “building The PICE position is that the term “building plans” include all plans of buildingsplans” include all 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 If this is the case, why is that not what is stated?not what is stated?

• If this is the case, why is it If this is the case, why is it that civil engineers have been that civil engineers have been preparing, signing and sealingpreparing, signing and sealing complete “building plans” for complete “building plans” for thousands of yearsthousands of years, without any , without any legal challenge?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 This will only be true if the case is about the practice of is about the practice of architecturearchitecture..

• 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 RA 9266 Cannot Justify the Revised IRRRevised IRR

• Section 43, RA 9266 – “This Act shall not Section 43, RA 9266 – “This Act shall not be construed to affect or prevent the be construed to affect or prevent the practice of any other practice of any other legally recognized legally recognized professionprofession.”.”– 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. Section 46 of RA 9266 - “Republic Act No. 545, as amended by Republic Act No. 1581, 545, as amended by Republic Act No. 1581, is hereby repealed and is hereby repealed and all other laws, all other laws, orders and regulations or resolutions or orders and regulations or resolutions or part/s thereof inconsistent with the part/s thereof inconsistent with the provisions of this Act are hereby repealed provisions of this Act are hereby repealed or modified accordinglyor modified accordingly” ” does not repeal or does not repeal or modify RA modify RA 544544 for the following reasons: for the following reasons:– No provision of No provision of RA 544RA 544 is inconsistent with RA is inconsistent with RA 9266,9266, because because RA 544RA 544 does not authorize civil does not authorize civil engineers to prepare, sign and seal engineers to prepare, sign and seal architectural architectural plans and documentsplans and documents

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

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

• DPWH answer cites the principle of “dura lex sed lex (The DPWH answer cites the principle of “dura lex sed lex (The law is harsh but the law is still the law).law is 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 all existing laws must be enforced, includingmust be enforced, including RA 9266, PD 1096 RA 9266, PD 1096 and and RA 544RA 544..

• The DPWH position is correct only if RA 9266 The DPWH position is correct only if RA 9266 is the applicable law to this case.is the applicable law to this case.

• If If RA 544RA 544 is the applicable law, then the is the applicable law, then the revised IRR deprives civil engineers of a revised IRR deprives civil engineers of a right vested upon them by law.right vested upon them by law.

• Since the Since the PICE case is about the practice of PICE case is about the practice of civil engineeringcivil engineering and not the practice of and not the practice of architecture, the relevant law is architecture, 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 specifications and other documents to be submitted for the issuance of a be submitted for the issuance of a building permit are prepared, signed building permit are prepared, signed and sealed by and sealed by competent professionalscompetent professionals who possess the required skills, who possess the required skills, knowledge and expertise on the matter knowledge and expertise on the matter to safeguard life, health, property to safeguard life, health, property and public welfare.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 for

thousands of yearsthousands of years, with distinction, with distinction• There has never been a legal challengeThere has never been a legal challenge, much less a decision, , much less a decision,

questioning this 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 , much less a decision, that civil

engineers are a threat to life, health, property or public welfareengineers are 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 to the civil engineering profession to question the

competence of civil engineers to prepare, sign and seal competence of 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 civil

engineers of being threats to life, health, property or public welfareengineers of being threats to life, health, property or public welfare

PRBoA 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 RA

544544..• RA 9266 is RA 9266 is irrelevantirrelevant because it affects only the practice because it affects only the practice

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

Civil EngineeringCivil EngineeringPRBoA 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.