In the reorganization of 1982 when MPW and the Ministry of Highways (MPH) were

merged into MPHW, later DPWH, the BRDS ceased to be a regular Service Staff of the
Secretary and the activities of the BRDS were somehow suppressed. When problems in the
Implementation of the Code began to pile up, the Secretary realized the need of the services of
the BRDS. The BRDS was revived and the members of its staff were picked from selected
personnel of the Bureau of Design (BOD) and the Legal Service with the BOD Director as
Executive Director and the Chief of the Architectural Division, BOD, as Deputy Executive
Director, but all of them in interim capabilities and without being relieved of their regular duties.
The only updating of the IRR occurred in 1992 when Permit Fees were raised 100% to alleviate
and augment the needs of the Offices of the Building Officials in the performance of their
functions.

Section 1.4. What is the Building Code’s Scope and Application?

The provision of this Code shall apply to the design, location, siting, construction,
alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of, and addition
to public and private buildings, structures, except traditional indigenous family dwelling
intended for the use and occupancy by the family of the owner only and constructed of native
materials.
All buildings and structures constructed prior to the enactment of this Code, if legally
done according to RA 6541 or to existing city or municipal codes then, shall be respected subject
to the limitations established in this Code. However, alteration, additions, conversions and/or
repairs to be made shall be subject to the provisions of this Code.

Section 1.5. Who is responsible for its Administration and Enforcement?

Pursuant to Section 201 of PD 1096, the Administration and Enforcement of the

provisions of this Code including the imposition of penalties for violation thereof, is vested in the
Secretary of Public Works, Transportation and Communications, now Secretary of Public
Works and Highways. The Building Official however, shall be responsible for carrying out the
provisions of this Code as well as the enforcement of orders and decisions made pursuant thereto
in the field.
According to Section 206 of this Code, no person shall be appointed as a Building
Official unless he possesses the following qualifications:

1. A Filipino Citizen and of good moral character.

2. A duly registered architect of civil engineer.
3. A member of good standing of duly accredited association of his profession for not
less than two years.
4. Has at least five years of diversified and professional experience in building design
and construction.

Section 1.6. Are there any laws Superceding and/or Complementing the NBC?
 The passage of RA 7160, otherwise known as the Local Government Code of 1991, has
affected the administrative set-up as envisioned in PD 1096 in that it removed from the powers
of the Secretary of Public Works and Highways to designate the Building Official when the later
Law provided that the city or municipal engineer, who is appointed by the local chief executive
shall also act as Building Official. Moreover, the city or municipal engineer shall be a duly
registered civil engineer whose qualification for the city engineer is five years experience and for
the municipal engineer is three years experience without specifying the nature of the experience.
Note that with this provision only civil engineers may be designated as acting building officials
since architects cannot be appointed as city or municipal engineers. Likewise, the minimum
experience as provided in Section 206 of the NBC is not satisfied. However, in some
progressive cities and municipalities where the local government recognizes the need for a
separate office of the Building Official, the government council can invoke Section 454 of the
Local Government Code to create such an Office wherein an architect or a civil engineer may be
designated as Building Official.

In accordance with the Opinion of the Secretary of Justice, the Chief Executive of the
Local Government Unit (LGU) has administrative jurisdiction over the city or municipal
engineer even in his capacity as acting Building Official, but the Secretary of Public Works and
Highways retains appellate jurisdiction on cases appealed in connection with the implementation
of the National Building Code. In Opinion No. 140, Series of 1987 the Secretary of Justice
stated in no uncertain term that “the power to appoint Building Officials throughout the country
including Metro Manila pertains to the Secretary of Public Works and Highways and to no other
officials.” Hence, if the LGU decides to create a separate Office of the Building Official distinct
from that of the Office of the City or Municipal Engineer, the Building Official has to be
appointed or confirmed by the Secretary of DPWH.

There are other laws complementing the NBC such as the Fire Code of the Philippines
(PD 1185), the Labor Code of the Philippines (PD 442), the Accessibility Law (BP 344) and the
various Agency Codes. The DOLE also came out with the Occupational Safety and Health
Standards (OSHS) that included Electrical and Mechanical Safety Orders previously issued prior
to PD 442. The OSHS divided inspection activities into Technical and General Safety Inspection
described as follows:

Technical Safety Inspection – for the safety determination of boilers, pressure vessels,
internal combustion engines, electrical installations, elevators, hoisting equipment and other
mechanical equipment.

General Safety Inspection – inspection of work environment including the location and
operation of machinery not covered by technical safety inspection, adequacy or work space,
ventilation, lighting, conditions of environment, handling, storage, or work procedures,
protection facilities and other safety and health hazards in the work place.

[As now the Bureau of Working Conditions (BWC) DOLE, is still implementing Rule
1160 of the OSHS. Section 1162.1 of which states “No boiler shall be installed and/or operated
in the Philippines without the permit issued for the purpose by the Minister (of Labor) or his
authorized representative”. For instance, the 1,200 MW coal fired plant of MIRANT in Sual,
Pangasinan, is still being inspected yearly by the BWC DOLE inspectors. This issue as to
whether it is the BWC or the OBO who shall conduct the inspection is still unresolved].

The different technical Professional Codes of the Professions involved in the design and
construction of building/structures are also complementary laws and referred to as Referral
Codes of the NBC.

PART II – THE REVISED IMPLEMENTING RULES AND REGULATION (IRR)

Chapter 1 – Overviewed of the IRR

The need to update the IRR has become imperative to be relative to the present
development in building design and construction, so that in the year 2000, the Secretary issued a
Memorandum Order organizing the Board of Consultants (BOC) composed of officers and
members of the different professional organizations involved in building design and construction
and headed by Architect/Engineer Angel Lazaro, Jr. The Secretary also reconstituted the BRDS
into the National Building Code Review Committee (NBCRC) of the DPWH. The work lasted
for more than three years of deliberation, revisions, compilations and another year for the final
review and editing. The new or revised and Updated IRR was approved by the Secretary on
November 04, 2004. Pursuant to Section 211m the IRR has to be published once a week for
three consecutive weeks in a newspaper of general circulation; the first publication was on April
01, 2005 in the Manila Standard, Subsequent publications were on April 08, 2005 and April 15,
2005.

Section 1.1. How does the Old IRR compare with the Revised or New IRR?

The old IRR has nineteen Rules and Regulations promulgated by the Building and
Research Development Staff (BRDS) of the Minister of the MPWTC on different dates in a
continuing process as the NBC is being implemented and as problems are encountered in the
field. There was not much activity in pursuing other rules and regulations after Rule XIX was
issued except in 1992 when it became imperative that Permit Fees had to be adjusted to be
compatible with the value of the peso and the rising cost of construction, so that Rule III had to
amended.

The New IRR has twenty four (24) Rules and Regulations that adhere to the Chapters of
the NBC for easier reference. It still contains the nineteen (19) Rules of the previous IRR but
some are with amendments and distributed in the Rule Number corresponding to the Chapter
Number as they appear in the MBC. Other rules that have yet to be formulated have been
provided in compliance with the NBC.

Section 1.2. What are the objectives of the New IRR?

1.2.1. To update the provisions and to include those still to be promulgated by the
Secretary as called for in the NBC. As stated earlier, it has become imperative that various
provisions of the existing IRR be updated/amended and amplified to be realistic and relevant to
the present time as demanded by technological advances in building design and construction,
rapid urbanization, development of mega cities characterized by high-rise building/structures and
the relevant requirements of related laws and other agencies of the government.

1.2.2. To organize the sequence of the provisions as they appear in the Chapters of the
NBC for easy reference. The rules and regulations have been rearranged following the same
sequence and numbering as those of the Chapters and Sections of the NBC for purposes of
clarity, continuity and homogeneity.

1.2.3. To identify who shall be responsible and liable for the design, supervision or
construction of a building/structure. This is in consonance with Article 1723 of the Civil Code
of the Philippines which provides that the architect or engineer who designed the building shall
be liable for damages should it collapse due to defect in plans and specifications or defect in the
ground; the contractor of the building shall be liable if the collapse is due to defect in
construction or to the use of materials of inferior quality or violation of the terms and condition
of the contract; the one who supervised the construction shall be solitarily liable with the
contractor. Hopefully this will minimize/eliminate corruption by reducing the burden on the
Building Official, shifting the responsibility of complying with the requirements of the Code to
the owner and the design, supervision and construction professionals.

Section 1.3. What are the contents of the New IRR?

The new or revised Implementing Rules and Regulations contain, in brief, the following:

1.3.1. RULE I – GENERAL PROVISIONS. This Rule simply states the Title of the
IRR, the Declaration of Policy and the Scope and Application.

1.3.2. RULE II – ADMINISTRATION AND ENFORCEMENT. The offices and

Officers concerned in the implementation of the NBC and this IRR are identified in this Rule,
including the corresponding acronyms, and the powers and responsibilities of each. Of particular
mention are the powers and functions of the Secretary of DPWH (Section 203 and 204) and the
duties of the Building Official (Section 207).

1.3.3. RULE III – BUILDING PERMITS AND INSPECTIONS. In this Rule the
kind of Permits are defined and explained. The steps on how to secure a Building Permit is
clearly stated including the necessary documents and the detailed requirements that should be
contained by every discipline involved in the preparation of the plans and specifications of the
project being applied for. The step-by-step procedure in the processing of building permit
applications, and in the processing of certificates of occupancy/use after the structure is
completed, is fully explained in this Rule (Section 303 and 309). See also Chapter 5 – Section
5.1 of this Manual.

A notable feature introduced in this Rule is the set of conditions required in the issuance
of the Ground Preparation and Excavation Permit to prevent excavations from being abandoned
for specified period of time (Section 304.4). Noteworthy also is the emphasis on the provision of
Article 1723 of the Civil Code of the Philippines regarding the responsibility of the designer, the
contractor and/or the one who supervise the construction in case the building collapses (Section
304.5a).

1.3.4. RULE IV – TYPES OF CONSTRUCTION. The buildings are classified into

five (5) types of construction according to their resistivity to fire, from least resistive to most
resistive. The classification is important for purposes of zoning especially for fire zones.

1.3.5. RULE V – REQUIREMENTS FOR FIRE ZONES. Designation of Fire Zones

is purposely for management, prevention, control and suppression of conflagration that may
occur in population centers. The LGU may enact ordinances based on the parameters
enumerated in this Rule (Section 507) designating certain areas as Non-Fire Restricted Zones,
Fire Restrictive Zones or Highly Fire Restrictive Zones and where the types of construction is
classified in Rule IV are best fitted to be located.

1.3.6. RULE VI – FIRE RESISTIVE REQUIREMENTS IN CONSTRUCTION. In

this Rule, certain materials of construction are rated according to the degree to which they can
withstand fire. They may be 4 hours, 3 hours, 2 hours or 1 hour fire-resistive depending on their
thickness and make.

1.3.7. RULE VII – CLASSIFICATION AND GENERAL REQUIREMENTS OF

BUILDING BY USE OR OCCUPANCY. In this Rule, building are classified in ten Groups of
Occupancies and sub-divided into 25 Divisions. The classification is ideal for zoning purposes.
For instance, residential dwellings are divided into 2 Groups, Group A for single-family
occupancy and Group B for multiple dwelling units. Group A is subdivided into Division 1 and
Division 2. Division 1 is characterized principally by detached dwellings for the exclusive use of
single-family occupants and allowable structures inside the Zone classified as R-1. Other
structure customary and incidental to R-1 is classified as accessory and conditional. Division 2
is characterized principally by attached dwelling or duplexes and allowable structure inside the
Zone classified as R-2. Other structures customary and accidental to R-2 are also classified as
accessory and conditional.

GROUP B Occupancies are multiple dwelling units including boarding or lodging

houses, hotels, apartment building, row houses, convents, monasteries and other similar
buildings that accommodate more than 10 persons. There are 3 types of Residential Zoning
Classification for Group B; R-3 is characterized mainly of low-rise or medium-rise buildings
exclusively used as family dwellings. R-4 specifically refers to the building/structure on an
individual lot and generally refers to a series of low-rise townhouses within a subdivided lot. R-
5 is characterized mainly as medium-rise or high-rise condominium buildings for the exclusive
use as multiple family dwelling.

The other Groups such as Educational and Recreational, Institutional, Business and
Mercantile, Industrial, etc., are similarly tabulated with particular emphasis on the use and
character of the buildings that fit the Zones.
 1.3.8. RULE VIII – LIGHT AND VENTILATION. The Rule on “Light and
Ventilation” in the previous Implementing Rules and Regulations was the familiar Rule XVI. In
the new IRR it is now Rule VII to correspond to Chapter 8 of the NBC, for easier reference.

Rule VIII applies primarily to new developments. It is a very much-expanded version of

the previous Rule on the subject and a thorough dissertation on planning and development
particularly on the relationship between building footprints and the size of the lot where it will be
located. Some development controls have been introduced like the percentage of the allowable
impervious area or paved area and the percentage of unpaved area. Paved area refers to
driveways and open terraces while the unpaved to the lawns and green areas and other
uncemented parts of the lot. Paved areas tend to radiate heat and prevent rainwater from seeping
into the ground in contrast to the unpaved areas that tend to absorb heat and rainwater.

There are lots of acronyms to be familiar with in order to go through the Rule more
conveniently. Such things are PSO or Percentage of Site Occupancy, PLO or Percentage of Lot
Occupancy. AMBF or Allowable Maximum Building Footprint, TLA or Total Lot Area, ISA or
Impervious Surface Area, USA or Unpaved Surface Area, MACA or Maximum Allowable
Construction Area, TOSL or Total Open Spaces within Lot, RROW or Road Right-of-Way, PUD
or Planned Unit Development, CLUP or Comprehensive Land Use Plan, ZO or Zoning
Ordinance must be within the fingertips of the reader as he goes through the Rule.

One must also be well versed in Rule VII – “Classification and General Requirements of
Building/Structures by Use or Occupancy” which deals with Zoning Classification because
zoning is an important element in siting of buildings for proper light and ventilation.

A Reference TABLE is introduced wherein the percentage of the maximum allowable

PSO, the maximum allowable ISA, the MACA, the minimum USA and the TOSL are tabulated.

An Example or portion of the TABLE is shown below. Please see Notes below the Table
to understand the asterisks, number, and plus signs indicated in the Table.

Building/ Maximum
Structure Duly-Approved Maximum Allowable Minimum
Use or Zoning** Allowable ISA*** USA TOSL****
Occupancy PSO*** (Paved (Unpaved (ISA + USA)
(or Land Use)* *** Open Open
Spaces) Spaces)

Residential Basic Residential 55% 30% 15% 45%

2 (R-2) Medium
Density Housing
[single family dwelling
unit with a Building 60% 30% 10% 40%
Height Limit (BHL) or
9 m.]
Notes:

* per duly-approved City/Municipal Comprehensive Land Use Plan (CLUP)

** per duly-approved City/Municipal Zoning Ordinance (ZO) and its IRR
*** PSO + ISA = MACA (Maximum Allowable Construction Area)
**** PSO + TOSL = TLA (Total Lot Area)

# without firewall
+ with firewall

The Table simply leans that for a lot classified as Residential in a Residential 2 Zone, say 120
sq.m. lot, the maximum allowable lot occupancy (PSO) is 66 sq.m. (55%) if the building does
not abut the property line and 72 sq.m. (60%) if it abuts the property line using a firewall. The
rest of the table follows the same pattern for other building uses and occupancies.

1.3.9. RULE IX – SANITATION. The provisions in Chapter 9 of the NBC are

updated in this Rule with reference to the Revised National Plumbing Code of the Philippines
and the Code on Sanitation of the Philippines. It is to be understood that, based on the Revised
National Plumbing Code of the Philippines, a referral Code of the NBC, plumbing installations
within or inside the building shall be a registered master plumber and those outside the building
by a sanitary engineer. It should be noted that the Code on Sanitation of the Philippines is being
administered by the Department of Health and it would do well for the BO to refer matters
concerning the implementation of the Code on Sanitation to DOH and to the protection of the
environment to DENR.

1.3.10. RULE X – BUILDING PROJECTION OVER PUBLIC STREET. This

Rule defines the limits by which structures and their appendages may project beyond public
property particularly public streets and alleys. It is of maximum importance that underground
public utilities/services such as power, water, sewer, gas, communication, and drainage lines are
protected and left unobstructed whenever construction of buildings border on established
building lines. At the sidewalk level, the minimum height limits or arcades, canopies, movable
awnings, and even projection of window sashes or doors beyond property lines along the
sidewalk are established by the local government ordinance provided they are not less than the
minimum required in the NBC. It is the duty of the Building Official to see to it that applicants
for building permits along arcaded blocks maintained the uniformity of the height of arcades
throughout the blocks.

1.3.11. RULE XI – PROTECTION OF PEDESTRIANS DURING

CONSTRUCTION OR DEMOLITION. The protection as discussed in this Rule does not
only covered safety of pedestrians but of the worker themselves and the protection of public
utilities and private properties within the vicinity of the construction or demolition works.
Protection of pedestrians consists of walkways whenever a sidewalk is to be fenced or closed,
railings on the street side of walkways, fences on the construction side or sidewalks, protective
nets and canopies above the walkways for protection from falling debris, warning signs and
lights conspicuously posted and illuminated at night. Protection of workers and devices during
construction and demolition aside from those enumerated in this Rule (Sections 1107-1108) shall
be as required by Administrative Order of the DOLE or the OSHS of the BWC.

1.3.12. RULE XII – GENERAL DESIGN AND CONSTRUCTION

REQUIREMENTS. This Rule is just an expanded version of Chapter 12 of the NBC because
most of the Sections in the Chapter are already the detailed minimum safety requirements in the
design and construction of buildings/structures. Section 1202 is a very thorough discussion on
Excavations, Foundations, and Retaining Walls, corollary to this is Section 304 of Rule III where
the applicant/permitee is required to post a cash bond for excavations more that 50 cu.m. and
more than 2.00 meters deep and additional amount for every cubic meter in excess of 50 cu.m.
but shall not exceed 100 cu.m. and 3.00 meters deep. Attention is also called to applicable
provisions of Section 1105 and 1106 of RULE XI in connection with protection of pedestrians
during construction.

Included in this Rule is Rule XIV – Occupant Loads of the old IRR as it should be, since
this is Section 1207 in Chapter 12 of the NBC and similarly numbered 1207 in this Rule. Of
particular interest is in the determination of width of exits where the Code provides that the total
width in meters shall not be less than the occupant load divided by 165. This presupposes that
165 persons can exit in one-meter opening in one minute.

In the Fire Code of the Philippines (PD 1185) the width and capacity of egress is
expressed in number of persons per unit of exit width. For level aggress components and Class
A ramps – 100 persons, and for inclined egress components and Class B ramps – 60 persons.
The means of egress shall be measured in units of exits of fifty five (55) centimetres. Fractions
of a unit shall be counted, except that thirty (30) centimetres added to one or more full units shall
be counted as one-half (0.5) of a unit of exit width. (FCP IRR Section 3.401D). This means that
the capacity of any door leading to the outside of the building shall be 100 persons per unit of
exit width (55 cm.) per minute for Class A ramps, and 60 persons per minute for Class B Ramps.
(FCP IRR Section 3.801-2 of Educational Occupancies).

On the other hand the Occupational Safety and Health Standards (OSHS) of the DOLE
(Section 1943.03-5) provides that the width of the exits shall be computed by dividing the total
occupants of a floor or a storey (maximum allowable) by sixty (60) in industrial and commercial
establishments, by forty five (45) in service establishments, and by seventy five (75) in places of
assembly and the quotient multiplied by fifty five (55) to get the width of the exit in centimeters.

Obviously, there are instances that the Building Code provision is more stringent than the
Fire Code and there are stricter. But in most cases, the OSHS provision is much more stringent
as they apply to industrial and hazardous occupancies. The designer, therefore, should be careful
which to adopt in his design. He should be aware that the BO refers a set of plans and
specifications to the BFP for all types of occupancies and another set to the DOLE for Industrial
Occupancies for verification if the design conforms to their Code and Standards. Although the
NBC provision is much simpler to use by simply dividing the Occupant Load by 165 to
determine the width of exits, but when there are stairs (ramps) classified as Class B, that is,
where the riser is 20 cm. or more and the tread is 23 cm. less (FCP IRR Section 3.403-B)
included in the way to the exit, then he might have to adopt the FCP provisions. In a multi-
storey building, the floor requiring the greatest number of units of exit widths dictates the
minimum width of exits from that point on in the direction of exit travel. When, for instance, the
direction of exit travel includes corridors and stairs to reach the exit level, then the 100 person
per unit width of exit might not hold true anymore but rather, the 60 persons as provided in the
FCP and thus, wider exit door than those computed under the NBC should be provided. For
similar occupant loads and similar conditions, the OSHS standards require wider exit widths.

EXAMPLE:

Compute the exit width if the Occupant Load of an assembly area is 1650 persons.

Pursuant to the NBC, for occupant loads over 1000, there should be a minimum of four
(4) exits.

a) Using the NBC formula the total width of exits in meters is 1650/165 = 10 meters.
Each exit therefore has a width of 10/4 = 2.50 meters.

b) Using the FCP formula, the number of exit width of 100 persons per unit width in
1650/100 = 16.50 exit widths. The total width of exit in centimetres is therefore
16.50 x 55 = 907.50 centimeters or 9.075 meters. Each exit width is 9.075/4 = 2.28
meters.

c) Using the OSHS formula, 1650/74 = 22 exit widths. 22 x 55 = 1210 cm. or 12.10
meters. Each exit width therefore is 12.10/4 = 3.025 meters.

From the above example it is shown that the exit widths vary depending on the formula
used. The OSHS requires a wider exit width to vacate the area and presumably is much safer to
adopt because the assembly area can be emptied much faster (less than one minute) if the
occupants move at 100 persons per exit width rather than 75 as computed.

The BO’s concern however is on the provisions of the NBC while the Bureau of Fire
Protection of the Fire Marshall, that of the provisions of the FCP, and the DOLE, that of the
provisions of the OSHS. Whatever the case, in the interest of safety, the more stringent and
stricter provisions should prevail.

1.3.13. RULE XIII – ELECTRICAL AND MECHANICAL REGULATIONS.

SECTION 1.1.13.1. ELECTRICAL REGULATIONS. Conformance to the

applicable provisions of the Philippine Electrical Code Volumes 1 and 2 is mandatory. The
certification of a duly licensed electrical engineering professional hired by the owner on the
Certificate of Inspection and Operation will further enhance the safety and integrity of the
installation. It affirms that the inspection and tests were conducted in the presence of the
inspector and the practicing professional thus binding them equally liable for even a single
failure of the installation. The BO is therefore advised never to allow any walk-in practicing
professional who just signs and seals documents without even looking into the integrity of the
design usually prepared by unlicensed engineer.

SECTION 1.1.13.2. MECHANICAL REGULATIONS. Conformance to the

applicable provisions of the Philippine Mechanical Code is mandatory.

1.1.13.2.1. Mechanical systems, equipment and installations are easier identified as:

a) Mechanical Equipment and Machinery – These include all prime movers such as
steam engines and turbines, internal combustion engines, gas engines and turbines;
steam generators such as boilers, furnaces; heat exchangers such as cooling towers,
kilns and dryers, coolers and heaters; materials handling equipment such as pumps,
cranes, conveyors, hoist, elevators, escalators, mechanized dumbwaiters, moving
ramps and walkways, heating, air conditioning, ventilating and refrigeration
equipment and machinery, compressors and centrifugal fans, mechanical pollution
abatement and environmental control system, piping system with a working pressure
of not less than 70 kpd., fired and unfired pressure vessels, printing machines;
mechanical working machines for metallic and non-metallic materials and other
mechanical equipment and machinery whether installed on land, underground or on
board watercraft.

b) Mechanical Processes, Works, Projects or Plants – These includes steam plants,

geothermal plants, dendrothermal plants, nuclear plants, ocean thermal energy
conservation plants, pumping plants, compressed gas plants, all kinds of mills, shops,
factories, shipyard dry docks, heating, air conditioning, ventilating and refrigeration
plant containing any mechanical equipment, machinery or process deriving power
from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves
and tides, and other energy sources.

1.1.13.2.2. Capacity of process works, projects or plants – The rated capacity in

kilowatts or mechanical work, projects or plants shall be the total kilowatt
rating of all engineers, motor, boilers, turbines or other prime movers
installed for use in such works, projects or plants, whether in operation or
not, and without regard to the number of capacities of the mechanical
equipment, machinery or processes receiving power from or intended to
be driven by such prime movers.

1.1.13.2.3. Responsibility – The Forms prescribed in the IRR are clearly presented
and the OBO is duty bound to follow them to the letter. Inspections
rendered by the OBO require a certification by a duly licensed
professional mechanical engineer or lower level mechanical engineer or
certified plant mechanic as followed by RA 8495 (the Mechanical
Engineering Law) certifying to the integrity of the installation. This
mandatory participation of the practicing mechanical engineer hired by the
owner enhances awareness and enforcement of standard safety measures.
Any installation inspected or tested performance in the presence of both
 the OBO inspector and the engineer hired by the owner and issued the
Certificate of Inspection/Operation binds both for any failure of the
installation for the duration of one (1) year upon issuance of the
Certificate. Section 7.7.3 of the revised PSME Code for boilers and
pressure vessels require that a boiler inspector and plant inspector shall be
professional mechanical engineers.

1.3.14. RULE XIV – PHOTOGRAPHIC AND X-RAY FILMS. This Rule is merely a
repetition of what is provided in the NBC with emphasis on safety requirements for storage and
handling of photographic and x-ray films. It provides the designer much leeway in allocating
spaces in his design to satisfy his client’s needs. He is therefore, governed by the requirements
of his professional Code and applicable provisions of the NBC as to safety of the whole
structure.

1.3.15. RULE XV – PREFABRICATED CONSTRUCTIONS. The development in

pre-fabrication necessitates conformance to accepted standards on structural adequacy,
durability, soundness, weather and fire-resistance of pre-fabricated assemblies. The integrity of
the fabricated units integrated into the building conforming to said standards is the responsibility
of the manufacturer as well as the designer who specifies their use and the in-charge of
construction who supervises the placement of the pre-fabricated assembly. A safety engineer is
required at the site during the placement of the assemblies. The BO must be assured that
anchorages and connections between members and supporting elements of the structure or walls
shall be capable of withstanding all probable exterior or interior forces or other conditions for a
structurally adequate construction.

1.3.16. RULE XVI – PLASTICS. The provisions of this Rule are merely a repetition of
the provision of Chapter 16 of the NBC since these actually are implementing rules and
regulations. The BO must ascertain that the product particulars and technical data complying
with the minimum standards as required in this Rule or generally accepted standards of any
plastic material used in the construction are also indicated in the specifications signed and sealed
by the designer.

1.3.17. RULES XVII – SHEET METAL PAINT SPRAY BOOTHS. Paints spray
booths are potential fire hazard where dangerous quantities of flammable vapors or combustible
residues, ducts or deposits are present due to the process of spraying; hence, special provisions
are required. This Rule specifies the thickness of the sheet metal (steel) to be used, the area of
the booth, floor protection, fire protection, type of illumination and manner of ventilation, it
would be wise for the Building Official to refer the plans and specifications to the Fire Marshall
to evaluate consonance particularly to Division 2 of the FCP from Section 22.201 to 22.210.

1.3.18. RULE XVIII – GLASS AND GLAZING. Most of the requirements in this Rule
are already in the NBC except for a few additional safety provisions and limitations to be
observed. Since the designers are the ones responsible for providing the safety features of the
building/structure, the Professional Codes (the Architectural Code, for instance) to which they
should also adhere more explicit in the requisites of safety and of types of glasses, as well as the
guidelines and specifications of the glass manufacturers and of the materials used in the
installation of glasses.

1.3.19. RULE XIX – THE USE OF COMPUTERS. The Rule simply states the
requirements on what should be submitted to the Building Official whenever computer generated
computation are used in the designed of a building/structure such as: reference where the
detailed description or the theoretical background of the program including a description of the
algorithms are found, software name, version number and the company’s address that developed
the software, and the output sheets duly certified by the designer.

1.3.20. RULE XX – SIGNS. In the Old IRR and even in this New IRR, much leeway is
given to adherence to the Code of Ethics for Advertising and Promotions and the rules and
regulations of the appropriate agency in-charge of the conduct of the business. It is becoming
obvious that such Code of Ethics is not being strictly observed since giant billboards are
sprouting without regards either to aesthetic or to distance between billboards. Completion has
gone wild as to what billboard can attract attention from the motorist. Moreover, there is no
definite sanction or penalty for violations of the Code of Ethics that makes it difficult for the
Building Official to enforce the NBC. He is dependent more on the Local Government
Ordinance as to what constitute obstruction of the natural landscape since it is only the LGU that
can determine or define what natural beauty of the locality it wishes to remain unobstructed. The
Building Official can only conveniently enforce the IRR, which is more definite as to the safety
features of the sign structure (like Structural and Electrical), the clearances and dimensions of the
signs and the conditions itemized in the Sign Permit.

Chapter 3 – The Ancillary Permits

Section 3.1. What are the Ancillary Permits?

The Ancillary Permits are permits forms duly signed and sealed by the corresponding
professionals who prepared the documents like plans/drawings, specifications, design analysis
and pertinent documents that are submitted together with the Building Permit. The Ancillary
Permits are the following:

3.1.1. Architectural Permit

3.1.2. Civil/Structural Permit
3.1.3. Electrical Permit
3.1.4. Mechanical Permit
3.1.5. Sanitary Permit
3.1.6. Plumbing Permit
3.1.7. Electronics Permit
3.1.8. Other Permits for other professional disciplines

Chapter 4 – Accessory Permits

Section 4.1. What are the Accessory Permits?

 Accessory Permits are issued by the Building Official for activities usually before or
during the processing of the Building Permit. The coverage is spelled out in the accessory
permit from including the expiry period. This shall be signed by the owner/applicant and by the
responsible professionals if so required in the permit. Examples of Accessory Permits are as
follows:

4.1.1. Ground preparation and excavation permit

4.1.2. Encroachment of foundation to public area permit
4.1.3. Fencing permit for fences not exceeding 1.80 meters high
4.1.4. Sidewalk construction permit
4.1.5. Temporary sidewalk enclosure and occupancy permit
4.1.6. Erection or scaffolding permit
4.1.7. Erecting, repair, removal of sign permit
4.1.8. Raising permit
4.1.9. Repairs permit
4.1.10. Demolition permit
4.1.11. Moving permit
4.1.12. Others

Chapter 5 – Pre-construction Phase

Section 5.1. What are the activities of the OBO during the pre-construction phase?

The OBO checks whether or not the requirements needed for the approval of the Building
Permit have been complied with. Assuming that the clearances are in order, the OBO inspects
the site where the structure is to be constructed to verify the conditions in the site. In some cases
the construction has already been started even if the Building Permit has not yet been issued. In
which case the corresponding fines should be imposed. There are cases where the location
pointed to by the applicant does not match the location plan and technical descriptions submitted
with the application for Building Permit. The necessary rectifications and clarifications should
be made for obviously, some misrepresentations or errors were committed.

Steps and Procedures in the Processing of Application for Building Permit:

Step 1
a. Application for Building Permit is received. All required documents are
checked as to completeness including verification of Land Use Zoning and
other clearances.

b. If found incomplete or deficient, the applicant is advised to complete/correct

them.

c. If found satisfactory, the applicant is required to pay the non-refundable

Application Fee.
 d. All documents are forwarded to the Relocation Survey Plan and Report
Section for verification of established Line and Grade.

Step 2
a. Documents are forwarded to the Architectural Section for compliance to
setback/easement requirements, safety, parking and accessibility features. If
found deficient, plans are returned to the applicant together with comments on
the deficiencies in writing, for adjustment/correction/explanation by his
designer.

b. Documents (resubmitted by the applicant as corrected by the designer of

needing corrections) are then simultaneously forwarded to the different
technical disciplines for review and evaluation.

Step 3 to 6 (Could be less for simple structure or more for complicated structures
involving voluminous sheets/pages; depends also on the volume of applications received
daily by the OBO)
a. Continuing processing activities with lateral and vertical coordination between
Sections.

Step 7 to 10
a. Consolidation of processed Documents and corresponding Evaluations.

b. Final Evaluation and Recommendation by concerned staff of the OBO.

Step 11
a. All processed and evaluated Documents together with the Final Evaluation
and Recommendation by the OBO staff are forwarded to the BO.

b. BO shall refer one (1) set of plan/specification to the City/Municipal Fire

Marshall, Bureau of Fire Protection for his review and recommendation with
respect to Fire Safety and control requirements. The City/Municipal Fire
Marshall shall submit his report and recommendation to the BO within five
(5) working days from date of referral. Failure of City/Municipal Fire
Marshall to act on said period shall mean that the Marshall, he shall so state in
writing the reason or ground therefore.

c. BO reviews Final Evaluation and Recommendation then prepares Order of

Payment and directs applicant to pay the corresponding Fees to the Local
Treasurer.

Step 12
a. BO signs appropriate documents including Building Permit and return all
documents to the Recording and Releasing Section.
 Step 13
a. The Recording and Releasing Section releases to the applicant the Building
Permit including copies for the owner/applicant of signed Documents, upon
presentation of Official Receipt of Payment.

The BO reserved the right to invite/summon (in writing) the owner/applicant and his
designer whenever there are questionable or ambiguous items in the plans, specifications, or
other documents that need to be explained or corrected.

In the event that the BO has to exercise Section 306 of the NBC re: Non-issuance,
Suspension or Revocation of Building Permits, the owner/applicant has 15 days from the date of
advice of receipt of the order of the BO to file an appeal with the DPWH Secretary (See Part IV
– Chapter 1 of this Manual).

Chapter 6 – Construction Phase

Section 6.1 What are the activities of the OBO during the construction phase?

The OBO conducts periodic inspection on the on-going construction. Copy of the plans
and specifications as noted by the Building Official including the logbook should be in the site of
the on-going construction for the scrutiny of the inspectors of the OBO at all times. Particular
attention should be taken by the inspectors regarding excavations whether or not the necessary
safeguards are provided, setbacks, firewalls, safety provisions for workers and pedestrians,
laboratory test results on concrete samples and reinforcing bars, compliance with plans and
specifications. The inspectors registers in the logbook all observations and instructions to the in-
charge of construction. Amendatory plans/specifications duly signed and sealed by the designer
should be required for proposed changes in the original plans and specifications and submitted to
the OBO for proper notation. Changes, modifications and alterations shall not be started before
the issuance of the Amendatory Permit.

Chapter 7 – Post Construction Phase

Section 7.1 What are the activities of the OBO immediately after the
building/structure is in placed?

Upon submission by the owner of the Certificate of Completion together with the
logbook and the Building Inspection Sheet duly accomplished by the contractor (if the
construction was done by a contractor) and signed and sealed by the in-charge of the
construction work, the OBO shall undertake the final inspection, verification or review of the
building based on the Certificate of Completion, logbook, plans or as-built plans as the case may
be, and specifications. The BO shall issue the corresponding Certificate of Occupancy if the
building is found to have been constructed in accordance with the submitted documents.
 For mechanical equipment, the final inspection/test shall be made in the presence of the
Mechanical Engineer hired by the owner and the OBO mechanical inspector. A Certificate of
Inspection is issued if the integrity of the equipment is found satisfactory. Both the mechanical
engineer hired by the owner and the OBO inspector are jointly liable for the failure of the
equipment within a one (1) year duration upon issuance of the Certificate.

Chapter 8 – Annual Inspection

Section 8.1 Who conducts the Annual Inspection?

The BO gives the assignment to the Inspection and Enforcement Division of the OBO.
The Chief of the Division forms a team of technical inspectors under a team leader, composed of
the different disciplines depending on the structure to be inspected. The date of the annual
inspection is reckoned from the date the Certificate of Occupancy was issued. The owner shall
be notified as to when the annual inspection is to be conducted. Each team member shall prepare
a report on the aspect he/she is more knowledgeable. Photographs should be taken to supports
the reports. A consolidated report is prepared by the team leader together with the assessment on
fees based on the schedule of fees in the IRR, submits the same to the Chief of the Division who,
in turn, forwards it to the BO with his recommendations. Assuming that the building is well
maintained and that no substantial changes were made, the BO issues a Certificate of Annual
Inspection after the owner has paid the corresponding fees. For failure to pay the annual
inspection fee within thirty (30) days from the prescribed date, a surcharge of 25% of the
inspection fee shall be imposed. In case there were substantial changes made in the
building/structure constituting illegal addition or change in use or occupancy (without the proper
building permit) or that should remit removal, the BO shall issue the necessary order/s
corresponding to the violation/s for compliance by the owner/applicant.

Chapter 9 – Administrative Fines

Section 9.1 How are administrative fines Imposed?

The DPWH Secretary of his authorized representative prescribes and imposes the fines
not exceeding ten thousand pesos (P 10,000.00). The terms and conditions are as enumerated in
SECTION 212 of the IRR. Violations are classified as Light Violations, Less Grave Violations,
and Grave Violations. The amount of fines for Light Violations is P 5,000.00, for Less Grave
Violation P 8,000.00 and for Grave Violations P 10,000.00. In addition to the imposed penalty,
the owner shall correct/remove the violations as directed.

PART IV – INVESTIGATIONS

Chapter 1 – Appeals

Section 1.1 – What is the appellate function of the Secretary of Public Works and
Highways?
 Section 307 of the NBC provides that “within fifteen (15) days from the date of receipt of
advice of the non-issuance, suspension or revocation of permits, the applicant/permittee may file
an appeal with the Secretary who shall render his decision within fifteen days from date of
receipt of notice of appeal. The decision of the Secretary shall be final subject only to review by
the office of the President.”

Section 1.2 – How are appeals decided?

From the provision of Section 307 of the NBC, the presupposes that the Building Official
has rendered a decision that the applicant/permittee find unfavourable and hence, his desire for
the Secretary to reverse the decision of the Building Official. The NBCDO of the secretary is
tasked to conduct a review or reinvestigation of the case in order for the Secretary to render a just
and unbiased decision. The following steps should be taken in the conduct of investigation:

1.2.1 Secure certified true copies of the case including the decision of the Building
Official to determine whether he has complied with the proper procedures before
rendering his decision i.e., serving notices to the appellant(s), investigation and
hearing in order for the parties involves to present evidence(s) and argument on
all issues, etc. (see Procedures for Abatement under Rule II of the IRR). If not,
the case should be remanded to the Building Official for observance of the proper
procedures.

1.2.2 Determine whether or not the appeal was elevated within the prescribed period.

1.2.3 If, before rendering a decision a field inspection is warranted, an investigation

team should be formed consisting of the technical disciplines considered
necessary to cover the aspects of the questioned decision of the Building Official.

1.2.4 The Team shall be given an Official Order to conduct the inspection and each
team member should wear the proper uniform and ID to gain access to the subject
structure.

1.2.5 The Team should be provided with gears, equipment or instruments appropriate
for said investigation such as safety helmets, measuring devices, camera, type
recorder, transit if necessary and such other instruments that could be used to
cover the aspects of the questioned decision of the Building Official.

1.2.6 Each Team member must submit an individual report on his/her findings to the
best of his/her ability focusing on the safety aspects of the subject structure
whether life, limbs, health and property are endangered or not, without undue
influence of the personalities involved in the subject appeal. Photographs should
be taken to support and sustain the findings.

1.2.7 The Head of the Team shall prepare and submit to the NBCDO a consolidated
report presenting a true picture of the subject structure with recommendation(s)
on whether the conditions demand repair, vacation, or demolition depending upon
 the degree of danger to life, health, and safety. (See Section 214 of the NBC and
refer also to Articles 482, 389, 694 to 707, 1654, 1723, 2190 and 2192 of the Civil
Code of the Philippines for possible actions to be taken).

1.2.8 The NBCDO shall review and evaluate the report and prepare the Decision for
approval of the Secretary thru the DPWH Legal Service.

Chapter 2 – Building Failures

Section 2.1 – What are Building Failures?

Building failures refer to those that collapsed or are severely damaged due to causes that
can be traced: a) bad design, b) faulty construction, c) foundation failure, d) extraordinary loads
(earthquakes, winds or typhoons), e) unexpected future loads, f) combination of causes, and such
other causes like fires, termite infestation, mechanical malfunctions, and electrical overloads.
Bad design is often the result of poor concept, errors in computation, failure to take into
account imposed loads, erroneous theories or wrong assumptions, inaccurate data, ignorance of
effects of impulsive stresses, inappropriate detailing and improper use of materials. Failure to
conduct soil-boring test often leads to wrong assumptions in the design of the foundation.
Unethical practice can also be blamed for design flaws. There are the so-called walk-in
“professionals” who are, reportedly, readily available to sign and seal plans and specifications
prepared by unlicensed individuals in order for the applicant to secure a building permit.
Hopefully, the new Building Permit Form, which is duly notarized, will minimize if not
eliminate such unethical practice.
Faulty construction is usually due to substitution of inferior materials to that specified,
poor workmanship especially in reverting and welding, and other short-changing used by
unscrupulous contractor and conniving inspectors to reduce cost of construction.

Section 2.2 – How are Building Failures Investigated?

Way back on December 12, 1983, then Minister Jesus S. Hipolito issued Ministry Order
No. 76 outlining the “Procedure in the Investigation of the Cause(s) of Failure of a Building or of
a Related Structure” and addressed to: All Acting Building Officials and Building Officials and
all Concerned”. The Ministry Order is reproduced as follows with some modifications to update
the agencies referred to:

All Building Official shall adopt the following procedures in the investigation of the
cause of partial or total failure of a building or a related structure, arising from earthquakes,
winds or fire:

1. Where rescue work will not be hampered, the structure shall be immediately cordoned
partially or totally, as the case may be, so as to prevent untoward destruction to life and
property due to falling debris and shall be secured with the assistance of the Philippine
National Police against looting, salvaging of materials, and other acts that could
 adversely affect securing test samples of materials, until the investigation thereof has
been completed.

2. A preliminary report on the damage to life and property to the Secretary of Public Works
and Highways thru the Executive Director, National Building Code and Development
Office, copy furnished the Chief, Local Executive, shall be submitted within three (3)
days after the incident together with the following:

2.1 Copy of the approved plans, specification and structural design computations.

2.2 True copy of the Logbook including results of test of materials during
construction.

2.3 Xerox copy of the Building Permit and Certificate of Occupancy.

2.4 Names and postal addressed of the owner, contractors, designers (architect and
engineers particularly structural civil engineer), in-charge of construction and/or
project inspector.

3. Provide assistance to and coordination with the investigation work and securing test
samples from structural components of the structure by an investigation team composed
of technical personnel of the Bureau of Design, National Building Code and
Development Office, Bureau of Materials and Quality Control and/or private consultants
designated by the Secretary of DPWH or the Chief Local Executive.

4. The securing of test samples and subsequent testing shall, preferably, be witnessed by the
Building Official, owner, contractor, designer and structural civil engineer or their
authorized representatives.

5. At least three (3) test samples as representative for each of the structural components of
the structure, such as slabs, beams, columns. Bearing/shear, etc. shall be secures at
random; the sampling and testing thereof shall be in accordance with the requirements of
the American Society for Testing of Materials (ASTM), latest edition.

6. The test samples shall be identified and attested (carded) by the sampler, and shall be
properly handled, stored and transported to the testing laboratory.

7. The actual testing of the samples shall, preferably, be witnessed as mentioned in Section
4.0.

8. A final report of the incident shall be submitted to the DPWH Secretary thru the
Executive Director, NBCDO, copy furnished the LGU Chief Executive, within fifteen
(15) days after the investigation work had been completed, and at which time the
Demolition Order shall be issued in accordance with applicable provisions of Rule II and
 Rule XI of the Implementing Rules and Regulations of the National Building Code (PD
1096).

PART V – LEGAL

Chapter I – Sample Court Cases and Decisions

Section 1.1 National Master Plumbers Association of the Philippines, Plaintiff vs.
The Philippine Society of Sanitary Engineers Inc. et. Al Defendant

Republic of the Philippines

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 38, Manila

Civil Case No. 97-9/84998

ORDER

Submitted for Resolution is the application for the issuance of a temporary restraining
order filed by defendant Philippine Society of Sanitary Engineer (PSSE). The said defendant
seeks to enjoin herein plaintiff from implementing Section 101, 102, and 102.2, Chapter 1 of the
revised Plumbing Code of the Philippines which was proposed by the plaintiff and adopted by
the Board of Master Plumbers of the Professional Regulation Commission and approved by the
President of the Philippines on September 30, 1999 and took effect on 30 April 2000.

This law the validity of which is being seriously challenged by defendant PSSE and
whose implementation is being sought to the enjoined is very much different from the law which
is the subject of the instant petition. The present petition has for its subject matter Section
3.2.2.2 of the Implementing Rules and Regulations of the National Building Code of the
Philippines. The settled rule is that the jurisdiction over the subject matter is determined by the
allegation of the Complainant (Ganadin vs. Ramos, et.Al, L-23547, September 14, 1980).

Clearly, the court has no jurisdiction to try and hear the said issue. To rule otherwise will
be to widen the area of litigation between the parties and will allow both of them to question the
legality of any law that will subsequently passed affecting their respective profession/works
putting no end to the present suit.

The respondent PSSE’s argument that this Court has jurisdiction over their petition
because the passage of the Revised Plumbing Code renders ineffectual the Order of this Court
dated April 13, 1998 upholding the validity of Section 3.2.2.2 of the Implementing Rules and
Regulations of the National Building Code. Such argument is devoid of merit.
 While this Court declared as valid the provision of the said Implementing Rules and
Regulations vesting only on duly licensed sanitary engineers the right to install more than 20
units of plumbing installations, limiting licensed master plumbers’ work and function to
installation of 20 or less units of plumbing installations, such Court ruling does not operate to
limit the rule-making power of the agency of the government in which the same is vested as to
preclude it from adopting rules that will provide otherwise. The Court does not legislate. Its
mandate is to interpret and apply laws (Enrile vs. Salazar, 186 SCRA 217).

The Court notes that under the previous law specifically under Republic Act No. 1378
(the Plumbing Code), the licensed master plumbers were authorized to put up more than 20 units
of plumbing installations a right reverted to them by the Revised Plumbing Code being
questioned by defendant PSSE.

Even granting arguendo that this Court has jurisdiction to resolve the said issue, the
defendant PSSE’s petition for temporary restraining order is bereft of any merit.

The injury that the members of defendant PSSE will allegedly suffer as a result of the
implementation of Section 101, 102 and 102.2 of Chapter 1 of the Revised Plumbing Code of the
Philippines cannot be considered irreparable.

Injury is considered irreparable if it such constant and frequent recurrence that no fair or
reasonable redress can be had therefore is a court if law or where there is no standard by which
their amount can be measured with reasonable accuracy, that is, not susceptible of mathematical
computation (PVTA vs. de los Angeles, G.R. No. L-27829, August 19, 1998, 164 SRA 543). It
is beyond possibility of repair or possible compensation in damages. In the present case, the
injury can very well be estimated in money terms. Engineer Linda Mendoza a witness for
defendant PSSE, even place specific figures for the alleged damages.

The confusion being complained about by said defendant revolving on which between
Sections 101, 102, and 102.2 of Chapter 1 of the Revised Plumbing Code of the Philippines shall
be applicable, is more imagined than real. And even if it were really and actually existing, the
same should be brought up in the proper forum and in a separated action.

WHEREFORE, defendants PSSE’s application for temporary restraining order is hereby

DENIED.

In the same vein, its petition for a writ of injunction is likewise DENIED.

SO ORDERED.

Manila, Philippines, August 24, 2004

PRISCILLA BALTAZAR-PADILLA
Presiding Judge
Chapter 2 – Legal Opinions

Section 2.1 Interpretation of RA 544 and RA 545

Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

OPINION NO. 01,S.2004

January 9, 2005

Hon. Florante Soriquez

Acting Secretary
Department of Public Works and Highways
Bonifacio Drive, Port Area, Manila

Sir:

This has reference to your request for opinion concerning the interpretation of the
pertinent provisions of the Civil Engineering Law (R.A. No. 544) and the Architects Law (R.A.
No. 545) both as amended, in order to determine the realm of practice of both professions and at
the same time, avoid the alleged conflict in the enforcement of the National Building Code (PD
No. 1096) and its Implementing Rules and Regulations (IRR).

The request, we assumed, is made in connection with promulgation and issuance of the
revised/updated IR of the National Building Code, the approval of final draft of which, you say,
has been deferred pending resolution of the claimed conflicting provisions of R.A. No. 544 and
R.A. 545 relating to the practice of structural and architectural plans and specifications needed in
securing building permits.

It appears that civil engineers relying on the provisions of Section 2 and 23 of R.A. No.
544, believe that it is their inherent right to sign and seal building structural and architectural
plans, while architects, quoting the provisions of section 14 of R.A. No. 545, complain that civil
engineers are “unlawfully practicing architecture” when they sign and seal plans and
specifications of residential buildings from single detached dwelling, multi-storey condominium
office buildings, commercial and industrial buildings and other buildings since the act of
planning, architectural and structural designing, among others, are included in the “practice of
architecture”.

It also appears that under the final draft of the revised/updated IRR, it is proposed that
only architects can sign architectural plans/documents and only civil engineers can sign
structural plans/documents; and that the Philippine Institute of Civil Engineers (PICE), however,
opposed the proposal, hence, the request.

Although, in line with settled policy and precedents, the Secretary of Justice does not
pass upon issues which, as in this case, involve the substantive rights of private parties, i.e., the
PICE and its members, upon whom the opinion of this Department has no binding effect and
which might, in all probability, take the matter to courts when they find the opinion adverse to
their interest, we would like to state some relevant observation for your enlightenment.

The Civil Engineering Law pertinently provides:

SEC. 2. Definition of Terms – (a) The practice of civil engineering within the
meaning and intent of this Act shall embrace services in the form of consultation, design,
preparation of plans, specifications, estimates, erections, installation and supervision of
the construction of streets, bridges, highways, railroads, airports, and hangars, port works,
canals, rivers and shores improvements, lighthouses and dry docks; building fixed
structures for irrigation, flood protection, drainage, water supply and sewerage works;
demolition of permanent structures; and tunnels. The enumeration of any work in the
section shall not be construed as excluding any other work requiring civil engineering
knowledge and application.

xxxx xxxx xxxx xxxx

SEC. 23. Preparation of plans and supervision of construction by registered civil

engineer. – It shall be unlawful for any person to order or otherwise cause the
construction, reconstruction or alteration of any building or structure intended for public
gathering or assembly such as heathers, cinematographs, studio, churches or structures of
like nature, and any other engineering structures mentioned in section two of the Act
unless the design, plans and specifications of the same have been prepared under the
responsible change of, and signed and sealed by a registered civil engineer, and unless the
construction and/or alteration thereof are executed under the responsible charge and
direct supervision of a civil engineer. Plans and design of structures must be approved as
provided by law or ordinance of a city or province or municipality where the said
structure is to be constructed.

Upon the other hand, Section 14 and 30 of RA No. 545, as amended, in so far as material,
respectively read:

SEC. 14. Definition of Terms xxx

------------------------01 architecture. – the practice of architecture is hereby

defined to be; The act of planning, architectural and structural designing,
specifying, and giving general administration and responsible direction to the
erection, enlargement or alteration or buildings and architectural design of
engineering structure or any part thereof, xxx.
 SEC. 30. Prohibitions in the practice of architecture. – Any person who shall
practice or offer to practice architecture in the Philippines without being
registered or exempted from registration in accordance with the provision of this
Act. xxx

It is clear from a reading of the above-quoted provisions of the subject laws, that the
making of plans and designs, not to mentioned the supervision of construction, are activities that
are more or less common to both “architecture” and “engineering”. However, the distinction
between an architect and civil engineer is clear. Thus, in one case, it was held:

An “architect” is defined as one who, skilled in the art of architect designs buildings,
determining the disposition of both their interior and exterior spaces, together with structural
embellishment of each, and generally supervises their erection; while “civil engineer” is one
whose field is that of structures, particularly foundations, and who designs and supervises
construction of bridges, great buildings, etc., xxx.

Indeed, the language of both laws confirms this distinction. The practice of engineering
embraces services in the form of structural plans, designs, specifications, etc. and construction of
streets, bridges, highways, canals and other engineering structures specifically mentioned in
Section 2 of R.A. No. 544. The law, however, is silent on whether the practice covers the
preparation of architectural plans/designs of said engineering structures. Upon the other hand,
the practice of architecture clearly concerns with the act of planning, architectural and structural
designing of buildings as well as the architectural designs of engineering structures or any part
thereof.

Having this mind, it can, therefore, be safely said that the proposal to the preparation,
signing and sealing of architectural plans and designs to architects and the preparation of signing
and sealing of structural plans and designs to civil engineers to be in order.

Please be guided accordingly.

Very truly yours,

(Original Signed)
MA. MERCEDITA N. GUTIERREZ
Acting Secretary

Chapter 3 – Local Government

Section 3.1 Issuance of Locational Clearance and Building Permit in the Absence of
Homeowners’ Association and Barangay Clearance
 REPUBLIC OF THE PHILIPPINES
CITY OF PARANAQUE
OFFICE OF THE CITY ATTORNEY

FOR: ARCHITECT ELMOR V. VITA

City Building Official

FROM: LEO LUIS P. MENDOZA

City Attorney

DATE: February 8, 2001

SUBJECT: LEGALITY OF ISSUANCE OF LOCATIONAL

CLEARANCE AND BUILDING PERMIT IN THE
ABSENCE OF HOMEOWNERS’ ASSOCIATION
AND BARANGAY CLEARANCES
______________________________________________________________________________

The subject provision in the Comprehensive Land Use Plan and Zoning Ordinance or
Paranaque City (City Ordinance No. 97-08), particularly Section 11.6 is merely
permissive/directory. The preliminary requirement for securing clearances from homeowners’
association and Barangay should not be understood to be mandatory in character as this
requirement is a mere formal requisite which does not in any way affect the validity of the main
official act of issuance of Locational Clearance and Building Permit by the government officials
mandated to implement the law.

The unjustified withholding for unreasonable period of time by the Barangay or

Homeowners’ Association of the issuance of the clearance required for issuance of a location
clearance/building permit is correctible by application of the principle of approval by inaction.
The exercise of power merely delegated to the Barangay and Homeowners’ Association cannot
be used as too against the authority from which such power emanates. Consistent with the said
principle, if no action is taken by the Barangay/Homeowners’ Association, it is presumed
approved.

UNDER Sec. 152 (c) of the Local Government Code of 1991, (R.A. 7160), the city or
municipality can issue a license or permit if the Barangay fails to act on the application within
seven (7) working days from filing thereof.

As gleaned from the letter of the said provision of law, we can very much feel free to
follow/adopt the clear legislative intention which is to uphold the hierarchy in the exercise of
government authority.

In this regard, with more reason that the city or municipality’s exercise of governmental
power prevails as against a mere association of private individuals endowed with no
governmental power like the homeowners’ association. This is specially true as when a local
government unit like the Barangay in the first place cannot prevent or hinder the exercise of
powers by the city/municipal government under the aforestated provision of the Local
Government Code by its unreasonable inaction. As long as the city government through its
public officials is acting in accordance with law in the performance of their assigned duties as
mandated law, no irregularity/illegality in exercise of that power may be attributed to them. The
declaration of said area as commercial zone thru a municipal ordinance is an exercise of police
power to promote the good order and general welfare, may interfere with personal liberty, with
property, and with business and occupations. Thus, persons may be subjected to certain
restraints and burdens in order to secure the general welfare of the state and to this fundamental
aim of government, the rights of individual may be subordinates. Patalinhug vs. Court of
Appeals, 229 SCRA 554.

No amount of delegated authority (issuance of clearance by the homeowners’

association) which is only a ministerial power designed to serve as formality in the orderly
implementation of City Ordinance No. 97-08, can stop the flow of business of the city
government as well as the faithful performance by its government officials of their duties to
implement the law. The unjustified, whimsical and capricious inaction by the homeowners’
association on an application for clearance is prejudicial to public interest. The existence, if any,
of a legal ground for such inaction/non-issuance of clearance, is not for a mere private
association to determine, nor decide for the same pertains to proper forum through proper legal
action.

Hence, the City Building Official and the City Planning Official can validly dispense
with the formal requisite of prior clearance from the Barangay and homeowners’ association
when their inaction thereof shows a clear whimsical, capricious and abusive exercise of
delegated authority. Absence of such requisite which is not an essential element in the legal
issuance of Locational clearance/building permit will not invalidate the same. To reiterate, the
subject provision in Sec. 11.6 of City Ordinance No. 97-08 only deals with sub-delegation of
authority for purposed of expediency and achievement of maximum efficiency in public service.

For your information and guidance.

(Original Signed)
LEO LUIS P. MENDOZA

Section 5.1 Role of Building Officials and Other Local Government Officials in the
Demolition of Squatter Dwellings.

REPUBLIC OF THE PHILIPPINES

MINISTRY OF PUBLIC WORKS AND HIGHWAYS
OFFICE OF THE MINISTER
Manila
 13 July 1984

MINISTRY ORDER SUBJECT: ROLE OF BUILDING OFFICIALS

NO. 31 AND OTHER LOCAL GOVERNMENT
Series of 1984 OFFICIALS IN THE DEMOLITION
OF SQUATTER DWELLINGS

TO: All District, City and Municipal Engineers

As Acting Building Official
Building Officials and
Others Concerned

This Ministry has received queries as to whether squatter dwellings should or should not
be covered by the National Building Code (PD 1096) and alleging that these illegal constructions
fall under the classification of Dangerous Building pursuant to Section 3 of Rule VII of the
Implementing Rules and Regulations (IRR) of PD 1096, and therefore the Building Official can
order their demolition.

While a squatter’s house or structure is an illegal construction since it is not covered by a

building permit, it does not necessarily follow that the same falls within the purview of the
National Building Code (PD 1096). In the contemplation of the Code, an illegal construction
refers to a structure which, although without Building Permit, can still be legitimized by
subsequent compliance with the requirements of law. In other words, the building permit may be
issued even after construction. For instance, the submission of as-built plans is allowed provided
the other documentary requisites are complied with. On the other hand, a squatter’s house or
structure is an illegal construction per se, in the sense that it could not be legitimized for want of
authority to occupy the land which is a basic requirement for the issuance of a valid permit. So
that once a builder is determined as a squatter, it is the anti-squatting laws (LOI 19, 19-A, 691,
PD 296 and 772, General Order No. 53, among others), and not PD 1096, that should be
enforced against him. It is an elementary rule that specific laws should be applied to appropriate
cases. More importantly, the squatting problem is not a simple matter that can be completely
solved by just resorting to the expediency of demolition. The problem transcends the socio-
economic and political spheres. For this reason, the government has harnessed its resources and
devised ways and means through various agencies not only for the demolition/removal of the
structures but also to provide the squatters with material needs, sites for resettlement to sustain
their upliftment and well-being. Unfortunately, the Building Official is not one of those
government officers directly charged with the enforcement of these laws. The exclusion of the
Building Official does not, however, preclude his participation in the enforcement thereof. On
the contrary, the very nature of his function makes him an indispensable arm for policing,
reporting and monitoring to the proper authorities the squatter activities in his area of
jurisdiction.

In fine, the foregoing clarification, by analogy, draws the dividing line of the area of
jurisdictional responsibility of the Building Official and other agencies charged with the
ejectment and relocation of squatters. Thus, whether the structure subject of a complaint for
demolition/condemnation pertains to a squatter, the case against him should be dismissed
outright and the matter referred to the appropriate agency enforcing the anti-squatting laws.
Under the condition set forth in LOI 691, the City Mayor or Municipal Mayor, as the case may
be, has exclusive administrative jurisdiction in the enforcement of anti-squatting laws.

All Building Officials, therefore, are enjoined to police their area of jurisdiction and to
report and monitor squatter activities to the proper authorities for their appropriate action.

For compliance.

(Original Signed)
JESUS S. HIPOLITO
Minister

Chapter 4 – Special Bodies and Other Agencies

Section 4.1 Implementation of Batas Pambansa 344 (Accessibility Law)

TANGGAPAN NG PANGULO
PANGKAT NG PAMAMAHALANG PAMPANGULO
(PRESIDENTIAL MANAGEMENT STAFF)
PMS BLDG., MALACANANG ANNEX
ARLEGUE ST., METRO MANILA

November 09, 1989

MEMORANDUM

TO: ALL BUILDING OFFICIALS

SUBJECT: IMPLEMENTATION OF BATAS PAMBANSA 344

(ACCESSIBILITY LAW)

This is in connection with the implementation of Batas Pambansa 344, an Act to enhance the
mobility of disabled person, by requiring certain buildings, institutions, establishments, and
public utilities, to install facilities and other devices.

Pursuant to this law, you are hereby instructed to impose the implementation of Batas Pambansa
344, using the rules and regulations, implementing the law to enhance the mobility of disabled
persons, as jointly promulgated by the then Ministry of Public Works and Highways, Ministry of
Transportation and Communication, in coordination with the National Commission concerning
Disabled Persons. Refer to your copies of the National Building Code of the Philippines and its
Implementing Rules and Regulations, with the Law to Enhance the Mobility of Disabled
Persons, pages 353 to 402.

For strict compliance.

(Original Signed) (Original Signed)

FIORELIO ESTUAR ELFREN S. CRUZ

Secretary Acting Governor
Department of Public Metro Manila Commission
Works and Highways