ARCHITECTS PUSH BILL DRAWING LINE ON PRACTICE WITH CIVIL

ENGINEERS
MANILA, Philippines - The United Architects of the Philippines (UAP) urged civil engineers in
the construction and building sector to respect the role of the architectural profession in the area
of architectural drawings of all types, and not to encroach into clearly defined areas of
professional practice.
UAP national president Ma. Benita Ochoa-Regala noted that engineers have been acting as
architects, and such action transgresses professional delineation of their respective practices. A
case in point is the signing of engineers of architectural plans when securing building permits in
clear violation of the National Building Code.
Thats why we are pushing two bills in both the House of Representatives and the Senate, which
will more clearly delineate our respective areas of professional practice, Regala pointed out.
The two bills now pending in Congress are House Bill 5127 and Senate Bill 2623. The House bill
is jointly authored by Rep. Susan A. Yap (2nd District, Tarlac) and Gary C. Alejano (Party List,
Magdalo), while the Senate version is authored by Sen. Antonio Trillanes IV.
We at UAP maintain that architectural plans and documents of building and structures are the
exclusive domain of the architect based on law, academic training, professional competencies and
government licenses issued to enable one to practice, Regala stressed.
We respect the professional competence of civil engineers with regard to the civil and structural
design of buildings and structures. In turn, we expect the civil engineers to accord the same respect
for our profession, she said.
The passage of the two bills will see the dawning of a new era of mutual respect between and
among architectural and engineering professions, Regala pointed out. The law would establish
professional accountabilities based on each of the disciplines involved in the construction and
building industry, in the interest of public safety and welfare.
We should put our house in order before the implementation of the Asean integration by the end
of this year, so our foreign counterparts may now practice in our country without any ambiguity
in any of our professional laws, Regala said.

The bill would make the UAP compliant with the provisions of the Asean mutual recognition
agreement.
Both pieces of proposed legislation seeks to amend Republic Act 9266, otherwise known as the
Architecture Act of 2004, in a bid to more clearly delineate the practice of architecture, and
distinguish it from other professions.
The UAP, which is also recognized by the Professional Regulation Commission as the integrated
and accredited professional organization of architects, has under its umbrella 35,000 architects all
over the country.
The existing law, RA 9266, already explicitly provides that only registered licensed architects shall
practice architecture and as such shall exclusively prepare, sign and seal architectural plans and
documents.

CIVIL CASE NO. 05-112502 FOR: DECLARATORY RELIEF, INJUNCTION WITH

PRAYER FOR WRIT OF PRELIMINARY - VERSUS - PROHIBITION AND/OR
MANDATORY INJUNCTION AND TEMPORARY RESTRAINING ORDER
Petitioner Gamolo and the members of PICE practice their profession as civil engineers under
Republic Act No. 544, otherwise known as the Civil Engineering Law. For several decades
now, Building Officials accept and approve the plans prepared, signed/sealed by civil engineers
or by architects as requirement for the issuance of building permit under Presidential Decree
1096.
On October 29, 2004, the then acting Secretary of Public Works and Highways, the Honorable
Florante Soriquez, signed and promulgated The Revised Implementing Rules and Regulations of
the National Building Code under which the civil engineers are no longer allowed to sign the
architectural documents specified in Section 302(4); hence this action.
And Section 23, thereof on preparation of plans and supervision of construction by registered
civil engineer provides that:
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 theaters, cinematographers, stadia, churches or 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. Plans
and designs 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 construed. [Emphasis
supplied.]
Under the foresaid law, petitioners claim that civil engineers have the right to prepare, sign and
seal building plans including architectural documents that are required to be submitted in the
issuance of building permits. Petitioners also based their claim on the last paragraph of Section
302 of Chapter 3 of the National Building Code which governs the application for building
permits, relying mainly on the version published by Atty. Vicente Foz in his textbook The
National Building Code of the Philippines and its Revised Implementing Rules and
Regulations, 2005 edition, which contains the following:
Sec. 302. Application of Permits. In order to obtain a building permit, the applicant shall
file an application therefore in writing and on the prescribed form from the Office of the
Building Official. Every application shall provide at least the following information:
(1) A description of the work to be covered by the permit applied for;
(2) Certified true copy of the TCT covering the lot on which the proposed work is to be
done. If the applicant is not the registered owner, in addition to the TCT, a copy of the
contract of least shall be submitted;
(3) the use or occupancy for which the proposal work is intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of corresponding
plans and specifications prepared signed and sealed by a duly licensed architect or civil
engineer in case of architectural and structural plans, mechanical engineer in case of
mechanical plans, and by a registered electrical engineer in case of electrical plans,
except in those cases exempted or not required by the Building Official under this Code.

1. Cite the different sections of the CE law and NB Code that empowers CE to sign said
documents.
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.

Section 2, RA 544 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, erection, installation and supervision of construction
of streets, bridges, highways, railroads, airports and hangars, port works, 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.

Civil Engineering Services

Consultation
Design
Preparation of Plans
Preparation of Specifications
Preparation of Estimates
Erection
Installation
Supervision of Construction
Demolition of Permanent Structures

Civil Engineering Structures

Streets
Bridges
Highways
Railroads
Airports and Hangars
Portworks

 Canals
River and Shore Improvements
Lighthouses
Dry-docks
Buildings
Fixed Structures for
Irrigation
Flood Protection
Drainage
Water Supply
Sewerage Works
Tunnels

Section 23, RA 544 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 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.

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.

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

2. Cite the issues raised by architect against the issue of signing said documents.

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

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

Revised IRR will limit Civil Engineers to 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

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

TECHNOLOGICAL INSTITUTE OF THE PHILIPPINES

938 Aurora Boulevard, Cubao, Quezon City

COLLEGE OF ENGINEERING AND ARCHITECTURE

Civil Engineering Department

CE512
CE Laws, Ethics, Codes, and Standards

PREPARED BY
MA. ARAMAE B. BATALLONES

SUBMITTED TO
ENGR. RICARDO VIBAS
Instructor

DATE SUBMITTED
December 16, 2016