Update on the

Revised IRR of
National Building
Angel L.
Lazaro III, Ph.D.
Code
Chairman, Board of Civil Engineering
Professional Regulation Commission
1

Short History
The National Building Code, Presidential

Decree 1096, was approved in the 1970s

PD 1096 has not been amended
PD 1096 calls for the issuance by the
Secretary of the DPWH of Implementing
Rules and Regulations (IRR)
The current IRR is composed of DPWH
Orders issued through the years
For the past few years, the DPWH has
been preparing a consolidated revised IRR
2

Short History
The DPWH formed a Board of

Consultants (BOC) composed of various

stakeholders to prepare a draft of the
Revised IRR
The BOC included representatives from
Accredited Professional Organizations,
including PICE, UAP, PSSE, etc.
After the BOC submitted their draft, the
final version of the Revised IRR was
prepared by the DPWH National Building
Code Review Committee
3

DPWH National Building

Code Review Committee

Chairman: Raul C. Asis, Civil Engineer, Assistant

Secretary
Members:

Antonio V. Molano, Jr., Civil Engineer, Director IV,

Bureau of Research and Standards
Nestor V. Agustin, Civil Engineer, Director IV, PMOSpecial Buildings
Gilberto S. Reyes, Civil Engineer, OIC, Director IV,
Bureau of Design
Walter R. Ocampo, Civil Engineer, Director III, Bureau
of Construction
Camilo G. Foronda, Lawyer, Director III, Legal Service
Emmanuel P. Cuntapay, Architect V, Bureau of Design
4

Short History
The Revised IRR contains Technical

Provisions (Types of Construction, Fire

Requirements, Classification and General
Requirements, Light and Ventilation,
Sanitation, Building Projections, etc.)
The Revised IRR also includes Administrative
Provisions (Administration and Enforcement,
Permits and Inspection, etc.)
Technical Provisions are alright, but
Administrative Provisions are problematic
5

Issues Resulting from

Revised IRR
Who is the Registered Professional

Authorized to Prepare, Sign and Seal

Building Plans (Civil Engineer or
Architect)?
Which is the Proper Body that
Appoints Building Officials
(City/Municipal Mayors or DPWH
Secretary)?
6

Who is the Registered

Professional Authorized
to Prepare, Sign and
Seal Building Designs,
Plans and Specifications
(Civil Engineer or
Architect)?
7

Revised IRR Violates RA 544

(The Civil Engineering Law)
Certain Administrative Provisions of

the Revised IRR violate Republic Act

544 (The Civil Engineering Law)
Specifically, the Revised IRR violates
Sections 2 and 23 of Republic Act 544
The Revised IRR will prevent licensed
Civil Engineers from practicing Civil
Engineering
8

How Does the Revised IRR prevent

Civil Engineers from Practicing Civil
Original IRR

Engineering?

Section 302 of P.D. 1096 and Section 3.2 of Ministry Order 57

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

Revised IRR

Section 302.3 of Revised IRR requires the submittal to the

Building Official of five (5) sets of plans, specifications and
documents prepared, signed and sealed over the printed
name of the duly licensed and registered professionals:
Architect, in case of architectural documents; in case
of architectural interior/interior design documents, either an
architect or interior designer may sign;

Civil Engineer, in case of civil/structural documents;

Therefore, the definitions of Architectural Documents

(Section 302.4) and Civil/Structural Documents (Section
302.5) are very important

Definition of Architectural Documents in

the Revised IRR (Section 302.4)
Architectural Plans/Drawings

Vicinity Map/Location Plan

Site Development Plan
Perspective
Floor Plans
Elevations
Sections
Reflected Ceiling Plan
Details, in the form of plans, elevations/sections
Schedule of Doors and Windows
Schedule of Finishes
Details of other major architectural elements

Architectural Interiors/Interior Design

Plans and Specific Locations of Accessibility Facilities
Fire Safety Documents
Other Related Documents
10

Definition of Civil/Structural
Documents in the Revised IRR
(Section 302.5)

Site Development Plan

Structural Plans
Structural Analysis and Design
Boring and Load Tests
Seismic Analysis
Other related documents
11

Revised IRR will Prevent Civil

Engineers from Preparing,
Signing and Sealing Building
Plans
Revised IRR is correct in identifying the

documents listed in Section 302.4 of the

Revised IRR as Architectural Documents
Revised IRR will give the exclusive right to
Architects to prepare, sign and seal
designs, plans and specifications
enumerated in Section 302.4 as
Architectural Documents
12

Revised IRR will Prevent Civil

Engineers from Preparing,
Signing and Sealing Building
Revised IRR will limit Civil Engineers to

Plans
preparing, signing and sealing designs, plans

preparing, signing and sealing designs, plans

and specifications enumerated in Section
302.5 as Civil Engineering/Structural
Documents
Revised IRR will make it impossible to obtain
Building Permits for buildings whose designs,
plans and specifications are prepared, signed
and sealed by Civil Engineers
13

Understanding RA 544
Sections 2 and 23 of Republic Act No.
544 (The Civil Engineering Law)
clearly include the preparation,
signing and sealing of designs, plans
and specifications of buildings in the
scope of practice of Civil Engineering

14

Section 2 of RA 544 Includes

Preparation, Signing and Sealing of
Building Plans and Specifications in
Scope
Engineering
RA 544 The practice of civil
Sectionof2,Civil

engineering within the meaning and intent of

this Act shall embrace services in the form of
consultation, design, preparation of
plans, specifications, estimates, erection,
installation and supervision of construction of
streets, bridges, highways, railroads, airports
and hangars, portworks, canals, river and shore
improvements, lighthouses, and dry docks;
buildings, fixed structures for irrigation, flood
protection, drainage, water supply and sewerage
works, demolition of permanent structures, and
tunnels.
15

Section 2 of RA 544 Includes Preparation,

Signing and Sealing of Building Plans and
Specifications in Scope of Civil Engineering
Civil Engineering
Civil Engineering
Services

Consultation

Design
Preparation of
Plans
Preparation of
Specifications

Preparation of Estimates
Erection
Installation
Supervision of
Construction
Demolition of Permanent
Structures

Structures

Streets
Bridges
Highways
Railroads
Airports and Hangars
Portworks
Canals
River and Shore Improvements
Lighthouses
Drydocks

Buildings

Fixed Structures for

Irrigation
Flood Protection
Drainage
Water Supply
Sewerage Works

Tunnels

16

Section 23 of RA 544 Allows Civil

Engineers
to Prepare, Sign and Seal Building
Section 23,Plans
RA 544and
It shall
be unlawful for any

Designs,
Specifications

person to order or otherwise cause the

construction, reconstruction, or alteration of
any building or structure intended for public
gathering or assembly such as theaters,
cinematographs, stadia, churches or structures of
like nature, and any other engineering structures
mentioned in section two of this Act unless the
designs, plans and specifications of the
same have been prepared under the responsible
charge of, and signed and sealed by a
registered civil engineer, and unless the
construction, reconstruction and/or alteration
thereof are executed under the responsible charge
and direct supervision of a Civil Engineer.
17

Principle of Overlap Among

Professions
Doctors, Midwives, Nurses, Dentists,

Nutritionists and Dietitians, Optometrists

Lawyers, Accountants, Criminologists,
Customs Brokers
Mechanical Engineers, Electrical Engineers,
Electronics and Communications Engineers
Architects, Interior Designers, Landscape
Architects
Civil Engineers, Architects, Sanitary
Engineers, Geodetic Engineers, Master
Plumbers, Agricultural Engineers,
Environmental Planners
Many Others

18

Overlap Among Professions

(Some Examples)
The act of delivering a baby could

constitute the practice of medicine,

midwifery or nursing, depending on which
professional carries out the delivery
The act of preparing an opinion on a
question of tax law could constitute the
practice of law or accounting, depending
on which professional is the author of the
opinion or document
19

Overlap Among Professions

(Some Examples)

The act of preparing designs, plans and

specifications for the interior of a

building could constitute the practice of
architecture or interior design,
depending on which professional
prepared the documents
The act of preparing designs, plans and
specifications for a building could
constitute the practice of architecture or
civil engineering, depending on which
professional prepared the documents
20

Revised IRR Recognizes

Principle of Overlap of
Professions in Case of
Architecture
Interior
Section 302.3 of and
Revised
IRR requires the

submittal to the Building Official of five (5)

Design
sets of plans, specifications and documents
prepared, signed and sealed over the
printed name of the duly licensed and
registered professionals:

Architect, in case of architectural documents; in

case of architectural interior/interior
design documents, either an architect or
interior designer may sign;
21

Revised IRR Should Also

Recognize Overlap of
Professions in Case of Civil
Invoking the principle
ofArchitecture
Overlap among

Engineering
and
Professions, the documents enumerated in

Section 302.4 are Building Documents and

not generically Architectural Documents
The documents enumerated in Section 302.4
are Architectural Documents only if
prepared, signed and sealed by an Architect
The documents enumerated in Section 302.4
are Civil Engineering Documents if they are
prepared, signed and sealed by a Civil
Engineer
22

Correct List of Civil Engineering

Documents
Section 302.5 Civil Engineering Documents
Vicinity Map/Location Plan
Building Plans

Perspective
Floor Plans
Elevations
Sections
Reflected Ceiling Plan
Details, in the form of plans, elevations/sections
Schedule of Doors and Windows
Schedule of Finishes
Structural Plans

Site Development Plan

Structural Analysis and Design
Boring and Load Tests
Seismic Analysis
Other related documents

23

Preparation, Signing and Sealing of

Building Plans are Part and Have
Always been Part of the Practice of
Civil
Engineers have been preparing, signing
CivilEngineering

and sealing building plans not only for the past

50 years (RA 544) but for thousands of years
even before the professions or Architecture
and Civil Engineering were regulated
The preparation, signing and sealing of
building plans are part of the practice of Civil
Engineering by law, history and tradition
This right of Civil Engineers to prepare, sign
and seal building plans has never been legally
challenged, up to the present
24

Preparation, Signing and Sealing of

Building Plans are Part and Have
Always been Part of the Practice of Civil
Engineering
The purpose of regulatory laws is to protect
the public and not any particular profession
There has never been any case filed or legal
judgment rendered that this practice of Civil
Engineers has had any adverse effect to any
person or has been harmful to public welfare
The only parties affected by this practice are
Architects who are forced to compete with
Civil Engineers in the open market

25

Injunction was Needed

P.D. 1096 provides that Implementing

Rules and Regulations shall be formulated

by the DPWH Secretary
Then DPWH Secretary Soriquez, a Civil
Engineer, has signed the revised IRR
P.D. 1096 provides that the IRR shall take
effect 15 days after their publication once
a week for three consecutive weeks in a
newspaper of general circulation
The Revised IRR was published in the
Manila Standard on April 1, 8 and 15, 2005
26

Injunction was Needed

Without an injunction, the IRR would have

been in effect on April 30, 2005

During the last week of April, 2005, the PICE
and the PSSE requested the DPWH Secretary
to defer the implementation of the Revised
IRR, to avoid a legal confrontation
In reply, DPWH informed the PICE and PSSE
that the Secretary does not have the
authority to defer implementation of the
Revised IRR
In fact, during that meeting, the PICE and
PSSE were advised to file for an injunction
Therefore, PICE and PSSE had no choice but
to file for an injunction

27

PICE has obtained Preliminary

Injunction from Manila RTC
PICE obtained 72 hour Temporary Restraining

Order (TRO) against implementation of Revised

IRR during the first week of May, 2005
PICE obtained 20-day TRO during the second
week of May, 2005
PICE obtained Preliminary Injunction May 24,
2005
The Preliminary Injunction has no expiry date
which means that implementation of the Revised
IRR is suspended until the issues raised by PICE
are resolved
PSSE also obtained its own Preliminary Injunction
28

Preliminary Injunction Recognizes

Issue Raised by PICE
Dispositive paragraph of the Preliminary
Injunction:

Both the petitioner and respondent are one that one

cannot be deprived of the right to work and the
right to make a living because these rights are
property rights. It is not disputed that prior to the
issuance of the questioned IRR, petitioners, as civil
engineers, were exercising the subject rights pursuant to
R.A. 544 and P.D. 1096 as well as Ministry Order 57 which
the subject IRR would now remove from them. It is a
legal truism that the spring cannot rise higher
than its source. At this stage of the proceedings,
it would appear that the new IRR goes beyond the
laws it seeks to implement. Wherefore, the
application is granted, and a writ of preliminary injunction
issue, enjoining the herein defendant, his agents,
representatives and/or assigns from implementing and
carrying out the questioned provisions of the subject.
29

Implementing the National Building

Code
The Preliminary Injunction obtained by the

PICE covers the sections involving the

preparation, signing and sealing of
Building/Architectural Plans.
Therefore, Building Officials have to accept
Building/Architectural Plans prepared,
signed and sealed by either an Architect or
Civil Engineer, as provided in the Original IRR:
Section 302 of P.D. 1096 and Section 3.2 of
Ministry Order 57 (Original IRR) requires the
submittal to the Building Official of five (5) sets of
plans and specifications prepared, signed and
sealed by a duly licensed architect or civil
engineer, in case of architectural and
structural plans.

30

Implementing the National Building

Code
Sections of the National Building Code not

affected by the PICE and PSSE Injunctions are

implementable
Section 201 of the Revised IRR vests the
administration and enforcement of the National
Building Code in the DPWH Secretary
Section 203(6) of the Revised IRR empowers
the DPWH Secretary to appoint Building
Officials
If a Civil Engineer cannot prepare, sign and seal
Building Plans, he is technically less qualified to
be a Building Official than an Architect
Section 202 of the Revised IRR names the
National Building Code Development Office
(NCBDO) as the technical staff of the DPWH
Secretary

31

Implementing the National

Building Code
The DPWH Secretary has appointed an

architect (Emmanuel Cuntapay) as Executive

Director of the NCBDO
The Executive Director of the NCBDO screens
and recommends prospective Building
Officials to the DPWH Secretary
Architect Cuntapay is on record as favoring
the appointment of Architects as Building
Officials
Architect Cuntapay is on record that the
preparation, signing and sealing of Building/
Architectural Plans is exclusive to Architects 32

DPWH Answer to Preliminary

Injunction
DPWH, through the Solicitor General,

submitted its answer on June 17, 2005

DPWH states that Sections 2 and 23 of RA
544 do not state in clear and unequivocal
terms that civil engineers can prepare,
sign and seal architectural documents
DPWH states that it is only under Section
302 of PD 1096 and Section 3.2 of Ministry
Order 57 that the right of civil engineers to
prepare, sign and seal architectural plans
was recognized and expressly granted
33

DPWH Answer to Preliminary

Injunction
DPWH states that Section 302 of PD 1096

and Section 3.2 of Ministry Order 57 have

been repealed by Sections 20, 25 and
29 of RA 9266, the Architecture Act of
2004
DPWH states that even if Sections 2 and
23 of RA 544 include the preparation of
architectural documents, said provisions
have likewise been repealed by RA 9266
34

DPWH Answer to Preliminary

Injunction
DPWH states that RA 9266 was approved

on March 17, 2004 while RA 544, PD 1096

and Ministry Order 57 were approved in
1950, 1977 and 1978, respectively
DPWH argues that in case of irreconcilable
conflict between two laws, the later
enactment must prevail
DPWH argues that RA 9266 has
repealed the other laws as evidenced by
Section 46 of RA 9266
35

DPWH Answer to Preliminary

Injunction
DPWH states that PD 1096 is a general law as it
deals with the practice of various professions,
while RA 9266 is a special law because it deals
exclusively with the practice of architecture
DPWH argues that it is a finely-imbedded
principle that a special provision of law prevails
over a general one
DPWH argues that the Revised IRR did not
amend nor supplant the laws promulgated by
the legislature

36

DPWH Answer to Preliminary

Injunction
DPWH states that the Revised IRR is consistent
and in harmony with the pertinent provisions
of RA 9266
DPWH argues that it is erroneous to claim that
the Revised IRR is null and void because it
gives architects the exclusive right to prepare,
sign and seal architectural documents
DPWH argues that it is the legislature by
virtue of RA 9266 which gives duly licensed
architects the exclusive right to prepare, sign
and seal architectural documents

37

DWPH Answer Relies on RA

9266
Sections 20, 25 and 29 of RA 9266 has

repealed Section 302 of PD 1096 and

Section 3.2 of Ministry Order 57
RA 9266 has repealed Sections 2 and 23 of
RA 544
Revised IRR is consistent and in harmony
with the pertinent provisions of RA 9266
RA 9266 gives duly licensed architects the
exclusive right to prepare, sign and seal
architectural documents
38

Understanding RA 9266
Section 20. Seal, Issuance and Use of
Seal. A duly licensed architect shall
affix the seal prescribed by the Board
bearing the registrants name, registration
number and the title Architect on all

architectural plans, drawings,

specifications and all other contract

documents prepared by or under his/her

direct supervision.
39

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

this Republic, chartered cities, provinces

and municipalities, now or hereafter charged
with the enforcement of laws, ordinances or
regulations relating to the construction or
alteration of buildings, shall accept or
approve any architectural plans or
specifications which have not been
prepared and submitted in full accord
with all the provisions of this Act; nor shall
any payments be approved by any officer for
any work, the plans and specifications for
which have not been so prepared and signed
and sealed by the author
40

Understanding RA 9266
Section 20(5) All architectural
plans, designs, drawings and
architectural documents relative to
the construction of a building shall bear
the seal and signature only of an
architect registered and licensed under
this Act together with his/her professional
identification number and the date of its
expiration

41

Understanding RA 9266

Section 25 No person shall practice

architecture in this country, or engage in

preparing architectural plans,
specifications or preliminary data for the
erection or alteration of any building
located within the boundaries of this country, or
use the title Architect, or display the word
Architect together with another word, or use
any title, sign, card, advertisement, or other
devise to indicate such person practices or
offers to practice architecture, or is an architect,
unless such person shall have received
from the Board a Certificate of
Registration and be issued a Professional
Identification Card.
42

Understanding RA 9266
Section 29 Prohibition in the Practice of

Architecture and Penal Clause. Any

person who shall practice or offer to
practice architecture in the Philippines
without being registered/ licensed and
who are not holders of temporary or
special permits in accordance with the
provisions of this Act shall be guilty of
misdemeanor and charged in court by
the Commission
43

Why DPWH Answer is Wrong

The DPWH presumes that the PICE case
is that civil engineers can prepare, sign
and seal Architectural Plans and
Documents
The PICE case is: Civil Engineers
should not be prevented from
practicing Civil Engineering which
includes preparing, signing and
sealing Building Plans and
Documents

44

Why DPWH Answer is Wrong

That RA 9266 has repealed PD 1096

and Ministry Order No. 57 is debatable

because of the legal principle that one
law does not repeal another if there is a
way of reconciling the laws concerned
Invoking the principle of Overlap of
Professions will reconcile the laws
Even if PD 1096 has been repealed, this
is immaterial because it is RA 544 (not
PD 1096) that gives Civil Engineers the
right to prepare Building Plans
45

Why DPWH Position is

Wrong

RA 9266 has not repealed Sections 2 and

23 of RA 544 because these sections do

not state that civil engineers can prepare,
sign and seal Architectural Plans
Sections 2 and 23 of RA 544 state that
civil engineers can prepare, sign and seal
Building Plans, not Architectural Plans
Therefore, there is no inconsistency with
RA 9266 and there is nothing to repeal
46

Why DPWH Answer is Wrong

Sections 2 and 23 of RA 544 clearly

states that the preparation, signing and

sealing of Building Plans are within the
scope of practice of civil engineering
Therefore, the PICE case hinges on the
proper interpretation of the term
Building Plans
The term Building Plans occur in both
RA 544 and RA 544 (the old Architecture
Law)
Therefore, prior to RA 9266 the term
Building Plans in RA 545 included all
47
plans of buildings

Why DPWH Answer is Wrong

Architects claim that the term Building

Plans in RA 544 means Structural

Plans
Why will the term Building Plans mean
all plans of buildings when applied to
Architecture and something else when
applied to Civil Engineering
If Building Plans mean Structural
Plans, why is that not what is stated?
Why have civil engineers have been
preparing, signing and sealing complete
Building Plans for thousands of years,
48
without any legal challenge?

Why DPWH Answer is Wrong

The DPWH answer is totally dependent

on the premise that RA 9266 is the law

relevant to this case
This will only be true if the case is about
the practice of architecture
The PICE position it that this case is
about the practice of civil
engineering and not the practice of
architecture
Therefore, RA 9266 is not relevant,
and the applicable law is RA 544 49

RA 9266 Cannot Justify the Revised

IRR

Section 43, RA 9266 This Act shall not be

construed to affect or prevent the practice

of any other legally recognized
profession.

RA 9266 does not affect the scope of practice of Civil

Engineering

Section 46 of RA 9266 - Republic Act No. 545,

as amended by Republic Act No. 1581, is

hereby repealed and all other laws, orders and
regulations or resolutions or part/s thereof
inconsistent with the provisions of this Act are
hereby repealed or modified accordingly

No provision of RA 544 is inconsistent with RA 9266,

because RA 544 does not authorize civil engineers to
prepare, sign and seal architectural plans and
documents, and therefore there is nothing to
50
repeal

DPWH Answer to Preliminary

Injunction (Part 2)
DPWH acknowledges that the direct

consequence of the revised IRR is

to deprive more than a hundred
thousand civil engineers of their
right to earn a living which has
been vested upon them for more
than fifty years now
DPWH cites the principle of dura lex
sed lex (The law is harsh but the law
is still the law)
51

DPWH Answer to Preliminary

Injunction (Part 2)
DPWH states that laws are adopted to make

sure that the plans specifications and other

documents to be submitted for the issuance
of a building permit are prepared, signed
and sealed by competent professionals
who possess the required skills,
knowledge and expertise on the matter
to safeguard life, health, property and
public welfare
52

Architects Do Not have the Exclusive

Right to Prepare, Sign and Seal
Civil Engineers

Building
Plans have prepared, signed and
sealed building plans for thousands of years,

sealed building plans for thousands of years,

with distinction
There has never been a legal challenge, much
less a decision, questioning this right of civil
engineers
There has never been a single case, much less
a decision, that civil engineers are a threat to
life, health, property or public welfare
It is an insult to the civil engineering profession
to question the competence of civil engineers
to prepare, sign and seal building plans
It is an insult to the civil engineering profession
to accuse civil engineers of being threats to life,
health, property or public welfare
53

What Civil Engineers Must

Do

Follow the following Guidelines in the

preparation, signing and sealing of
Building Plans:

Label all building plans, specifications

and other documents Civil Engineering
before signing and sealing them
Place only the title Civil Engineer (and
nothing else) under your name and
signature when signing plans,
specifications and other documents
54

What Civil Engineers Must

Do
Continue preparing, signing and sealing
Civil Engineering (Building) plans
Never sign and seal architectural plans
Always sign as a Civil Engineer
Inform fellow Civil Engineers of PICE
position on revised IRR
Inform as many individuals and sectors
of PICE position

55

What Civil Engineers Must

Do
Lobby with Local Government Officials,

National Agencies and other

Government Entities for the
implementation of RA 544
Lobby with DPWH for the appointment of
a Civil Engineer as Executive Director of
the NBCDO
Monitor violations against the
Preliminary Injunction
Take appropriate action against such
violations
Inform PICE of such violations
56

Conclusion
The right of Architects to prepare, sign and

seal Architectural Plans, as provided for in

RA 9266, should be recognized and respected
The right of Civil Engineers to prepare, sign
and seal Building Plans, as provided for in
RA 544, should be recognized and respected
The Preliminary Injunction obtained by the
PICE should be respected and implementation
of Section 302 of the Revised IRR suspended
57

Which is the Proper

Body that Appoints
Building Officials
(City/Municipal Mayors
or DPWH Secretary)?
58

Powers and Functions of the

DPWH Secretary
Section 203 of PD 1096 provides:
1.
2.

3.

4.

Formulate policies, plans, standards and guidelines on

building design, construction, use, occupancy and
maintenance, in accordance with this Code.
Issue and promulgate rules and regulations to
implement the provisions of this Code and ensure
compliance with policies, plans, standards and
guidelines formulated under paragraph 1 of this section.
Evaluate, review, approve and/or take final action on
changes and/or amendments to existing Referral Codes
as well as on the incorporation of other referral codes
which are not yet expressly made part of this Code.
Prescribe and fix the amount of fees and other charges
that the Building Official shall collect in connection with
the performance of regulatory functions.
59

Powers and Functions of the

DPWH Secretary

The power to appoint Building Officials is not included

in the generic powers of the DPWH Secretary.
Section 205 of PD 1096 indirectly addresses this
issue and provides:

Due to the exigencies of the service, the Secretary may

designate incumbent Public Works District Engineers, City
Engineers and Municipal Engineers to act as Building
Officials in their respective areas of jurisdiction.
The designation made by the Secretary under this Section
shall continue until regular positions of Building Official are
provided or unless sooner terminated for causes provided
by law or decree.

60

Powers and Functions of the

DPWH Secretary
The DPWH Secretary does not have the power
to appoint Building Officials, and only has the
power to designate (the Secretary may
designate).
The DPWH Secretary can designate a Building
Official only when there is an exigency in the
service (Due to exigencies in the service).
Therefore, the DPWH Secretary cannot
designate a Building Official in case where a
duly appointed official is already acting as
Building Official because in this case there is
no Exigency in the service.

61

Powers and Functions of the

DPWH Secretary
The DPWH Secretary may designate only

certain incumbent officials as Building

Officials (the Secretary may designate
Public Works District Engineers, City
Engineers and Municipal Engineers to act as
Building Officials in their respective areas of
jurisdiction).
All of the incumbent officials enumerated in
PD 1096 are required by law to be Registered
and Licensed Civil Engineers, and therefore
the DPWH Secretary may not designate a
Building Official who is not a Civil Engineer
62

Powers and Functions of the

DPWH Secretary
The designation by the DPWH Secretary has

a limited duration (The designation made by

the Secretary shall continue until regular
positions of Building Official are provided or
unless terminated for causes provided by law
or decree).
Therefore, in cases where a Building Official
has been designated by the DPWH Secretary,
such designation shall cease when a regular
position of Building Official is provided.
63

Powers and Functions of the

DPWH Secretary

Section 206 of Revised IRR Increased the

Powers and Functions of the DPWH
Secretary from Four to Six:

1.
2.

Formulate policies, plans, standards and guidelines on building design,

construction, use, occupancy and maintenance, in accordance with this Code.
Issue and promulgate rules and regulations to implement the provisions of
this Code and ensure compliance with policies, plans, standards and
guidelines formulated under paragraph 1 of this section.

3. Exercise appellate jurisdiction over the decisions

and orders of the Building Official. The order or
decision of the Secretary shall be final and
executory subject only to review by the Office of
the President of the Republic.
4.
5.

Evaluate, review, approve and/or take final action on changes and/or

amendments to existing Referral Codes as well as on the incorporation of
other referral codes which are not yet expressly made part of this Code.
Prescribe and fix the amount of fees and other charges that the Building
Official shall collect in connection with the performance of regulatory
functions.

6. Appoint a Building Official, separate and distinct

from the Office of the City/Municipal Engineers
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in all Cities and Municipalities.

Powers and Functions of the

DPWH Secretary
Section 203(6) directly contradicts the

provisions of PD 1096, wherein the DPWH

Secretarys powers do not include the
appointment of Building Officials but is
limited only to the designation of Building
Officials, and only under certain conditions.
The IRR cannot contain provisions not
provided for in the law it is implementing,
and this is therefore a case of the spring
rising above its source.
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Powers and Functions of the

City/Municipal Mayor
Section 444(b)(1)(v) of RA 7160 (Local
Government Code of 1991) provides:

The Municipal Mayor shall exercise general

supervision and control over all programs,
projects, services, and activities of the
municipal government and in this connection
shall appoint all officials and employees whose
salaries and wages are wholly or mainly paid
out of municipal funds and whose appointments
are not otherwise provided for in this Code, as
well as those he may be authorized by law to
appoint.

Section 455(b)(1)(v) of RA 7160 contains a

similar provision applicable to Cities.

66

Powers and Functions of the

City/Municipal Mayor
Section 477 of RA 7160 further provides:

No person shall be appointed engineer unless

he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral
character, and a licensed civil engineer. He must
have acquired experience in the practice of his
profession for at least five (5) years in the case
of the provincial or city engineer, and three (3)
years in the case of the municipal engineer.
The appointment of an engineer shall be
mandatory for the provincial, city and municipal
governments. The city and municipal engineer
shall also act as the local building official.
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Powers and Functions of the

City/Municipal Mayor
Provincial, City and Municipal engineers have
to be licensed Civil Engineers.
Power of City or Municipal Mayor to appoint
City/Municipal Engineers is clear and
specific.
That City/Municipal Engineers shall act as
Building Officials is clear and specific.
What needs to be clarified is whether this
provision has the effect of providing regular
positions of Building Officials as envisioned
in Section 205 of PD 1096.

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Summary
PD 1096 contains no provision giving the

DPWH Secretary the power to appoint

Building Officials.
The DPWH Secretary only has the power to
designate Building Officials.
The designation of Building Officials by the
DPWH Secretary is conditional and has a
limited duration.
RA 7160 gives City/Municipal Mayors the
power to appoint City/Municipal Engineers
who shall act as Building Officials.
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Summary
If Section 477 of RA 7160 has the effect of

providing regular positions of Building

Officials, then the DPWH Secretary does not
have the power to designate Building
Officials in Cities/Municipalities with duly
appointed City/Municipal Engineers.
In any case, the DPWH Secretary does not
have the power to designate a Building
Official in cities/municipalities with duly
appointed City/Municipal Engineers because
there is no Exigency in the service.
70