- The National Building Code from the 1970s called for an Implementing Rules and Regulations (IRR) to be issued by the DPWH Secretary. The current IRR comprises various orders issued over the years. - In 2005, the DPWH formed a committee including stakeholders like PICE to prepare a consolidated revised IRR. It was published three times in April 2005 and would take effect 15 days after the last publication. - The revised IRR outlines what documents require an architect or civil engineer's seal, preventing civil engineers from practicing civil engineering according to PICE. Therefore, PICE argues an injunction is necessary since the revised IRR violates the Civil Engineering Law.

1. Revised IRR of National Building Code –Revised IRR of National Building Code –
Why is anWhy is an InjunctionInjunction Necessary?*Necessary?*
(Official Position of the Philippine Civil(Official Position of the Philippine Civil
Engineers)Engineers)
*Note: The inaccurate and potentially misleading statements found
in a Philippine civil engineer (CE) website are in yellow Tahoma
font text.
The PRBoA anotations are in underscored white
bold Courier New italics font text.
Professional Regulatory Board of Architecture (PRBoA) Anotations
on the Powerpoint Presentation Featured in a Civil Engineer (CE) website

2. Short HistoryShort History
• The National Building Code, PresidentialThe National Building Code, Presidential
Decree 1096, was approved in the 1970’sDecree 1096, was approved in the 1970’s
• PD 1096 calls for the issuance by thePD 1096 calls for the issuance by the
Secretary of the DPWH of ImplementingSecretary of the DPWH of Implementing
Rules and Regulations (IRR)Rules and Regulations (IRR)
• The current IRR is composed of variousThe current IRR is composed of various
DPWH Orders and policies issued throughDPWH Orders and policies issued through
the yearsthe years
• For the past few years, the DPWH hasFor the past few years, the DPWH has
been preparing a consolidated revisedbeen preparing a consolidated revised
IRRIRR

3. Short HistoryShort History
• The DPWH formed a committeeThe DPWH formed a committee
composed of various stakeholders whocomposed of various stakeholders who
were consulted regarding the Revised IRRwere consulted regarding the Revised IRR
• The Committee included representativesThe Committee included representatives
from Accredited Professionalfrom Accredited Professional
Organizations, including PICEOrganizations, including PICE
• The final version of the Revised IRR wasThe final version of the Revised IRR was
prepared by a Committee within theprepared by a Committee within the
DPWHDPWH

4. Short HistoryShort History
• The final version of the Revised IRR wasThe final version of the Revised IRR was
published in the Manila Standard threepublished in the Manila Standard three
times (April 1, 8 and 15, 2005)times (April 1, 8 and 15, 2005)
• The Revised IRR would have beenThe Revised IRR would have been
implementable on April 30, 2005, 15 daysimplementable on April 30, 2005, 15 days
after the third publicationafter the third publication
• The Revised IRR contains the procedureThe Revised IRR contains the procedure
for the application for and issuance offor the application for and issuance of
building permits, among other provisionsbuilding permits, among other provisions

5. Why is an Injunction Necessary?Why is an Injunction Necessary?
• The Revised IRR willThe Revised IRR will prevent licensed and registered Civilprevent licensed and registered Civil
Engineers from practicing Civil EngineeringEngineers from practicing Civil Engineering
• Therefore, the Revised IRRTherefore, the Revised IRR violates Republic Act No.violates Republic Act No. 544 (The Civil544 (The Civil
Engineering LawEngineering Law))
• Specifically, the Revised IRR violatesSpecifically, the Revised IRR violates Sections 2 and 23 of RepublicSections 2 and 23 of Republic
ActAct 544544
PRBoA Anotation. Since nothing is mentioned as to who shall “sign and
seal ARCHITECTURAL documents” under Sec. 302 of the 1977 National
Building Code of the Philippines/ NBCP (P.D. No. 1096) and since R.A.
9266 (The Architecture Act of 2004) was already in effect in mid-2004,
Secs. 302.3 and 302.4 of the 2004 Revised IRR of P.D. No. 1096 were
actually harmonized by the DPWH with R.A. No. 9266 [over protests made by
the then civil engineer (CE) representative/s to the DPWH Board of
Consultants (BoC), prompting the DPWH to seek the issuance of the January
2004 Department of Justice (DoJ) legal opinion, which did NOT support the
CE position that they can sign and seal ARCHITECTURAL documents]. Secs.
302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (subject of the 2005
injunction obtained by the CEs) was supposed to help prevent CEs from
practicing architecture in full compliance with R.A. No. 9266 i.e. the
only Philippine law that governs the “preparation, signing and sealing of
ARCHITECTURAL documents”. There is absolutely NOTHING in the CE law i.e.
R.A. No. 1582 of 1956 (which amended R.A. No. 544 of 1950) which states
that CEs can “prepare, sign or seal ARCHITECTURAL documents” (not limited
to architectural plans, specifications, estimates & contract documents).

6. How Does the Revised IRRHow Does the Revised IRR preventprevent CivilCivil
Engineers from Practicing CivilEngineers from Practicing Civil
Engineering?Engineering?• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Section 3.2 of Ministry Order 57 (Oldand Section 3.2 of Ministry Order 57 (Old
IRR) requires the submittal to the Building Official of five (5) sets ofIRR) requires the submittal to the Building Official of five (5) sets of
plans and specifications prepared, signed and sealed by a dulyplans and specifications prepared, signed and sealed by a duly
licensedlicensed architect or civil engineer, in case of architecturalarchitect or civil engineer, in case of architectural
and structural plansand structural plans ..
• Section 302.3 of Revised IRR requires the submittal to the Building Official of five (5)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 thesets of plans, specifications and documents prepared, signed and sealed over the
printed name of the duly licensed and registered professionals:printed name of the duly licensed and registered professionals:
– Architect, in case ofArchitect, in case of architectural documentsarchitectural documents ; in case of architectural; in case of architectural
interior/interior design documents, either an architect or interior designer mayinterior/interior design documents, either an architect or interior designer may
sign;sign;
– Civil Engineer, in case ofCivil Engineer, in case of civil/structural documentscivil/structural documents ;;
PRBoA Anotation. There is absolutely NOTHING mentioned under the
actual/signed/AUTHENTIC Sec. 302 of the 1977 National Building
Code of the Philippines/ NBCP (P.D. No. 1096) as to who shall
“sign and seal ARCHITECTURAL documents”. The foregoing is a
potentially deliberate misrepresentation of fact and law. Since
there is nothing in both P.D. No. 1096 and R.A. No. 1582 (544)
specifically stating that civil engineers (CEs) can “sign and
seal ARCHITECTURAL documents”, we have to abide by R.A. No.9266,
which is the governing law insofar as ARCHITECTURAL documents are
concerned.

7. What Constitutes Architectural DocumentsWhat Constitutes Architectural Documents
in the Revised IRR (Section 302.4)?in the Revised IRR (Section 302.4)?
• Architectural Plans/DrawingsArchitectural Plans/Drawings
– Vicinity Map/Location PlanVicinity Map/Location Plan
– Site Development PlanSite Development Plan
– PerspectivePerspective
– Floor PlansFloor Plans
– ElevationsElevations
– SectionsSections
– Reflected Ceiling PlanReflected Ceiling Plan
– Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections
– Schedule of Doors and WindowsSchedule of Doors and Windows
– Schedule of FinishesSchedule of Finishes
– Details of other major architectural elementsDetails of other major architectural elements
• Architectural Interiors/Interior DesignArchitectural Interiors/Interior Design
• Plans and Specific Locations of Accessibility FacilitiesPlans and Specific Locations of Accessibility Facilities
• Fire Safety DocumentsFire Safety Documents
• Other Related DocumentsOther Related Documents

8. What Constitutes CivilWhat Constitutes Civil
Engineering/Structural DocumentsEngineering/Structural Documents
in the Revised IRR (Section 302.5)?in the Revised IRR (Section 302.5)?
• Site Development PlanSite Development Plan
• Structural PlansStructural Plans
• Structural Analysis and DesignStructural Analysis and Design
• Boring and Load TestsBoring and Load Tests
• Seismic AnalysisSeismic Analysis
• Other related documentsOther related documents

9. Revised IRR will Prevent Civil Engineers from Preparing, Signing andRevised IRR will Prevent Civil Engineers from Preparing, Signing and
SealingSealing BuildingBuilding Designs,Designs, PlansPlans and Specificationsand Specifications
• Revised IRR is correct in identifying the documents listed in SectionRevised IRR is correct in identifying the documents listed in Section
302.4 of the Revised IRR as “architectural documents”302.4 of the Revised IRR as “architectural documents”
• Revised IRRRevised IRR violatesviolates RA 544RA 544 in limiting “civil engineeringin limiting “civil engineering
documents” to the documents listed in Section 302.5.documents” to the documents listed in Section 302.5.
• The complete list of “civil engineering documentsThe complete list of “civil engineering documents include theinclude the
documents listed in both Sections 302.4documents listed in both Sections 302.4 and 302.5and 302.5..
PRBoA Anotation. The 2004 Revised IRR of the 1977 NBCP does not
violate R.A. No. 1582 (amending R.A. No. 544) but is fully
consistent with both R.A. No. 1582 (544) and R.A. No. 9266. The
statement that there is a violation of R.A. No. 1582 (544) has no
basis in law and preempts the decision of Manila RTC Branch 22 in
Civil Case No. 05-1122502 (PICE vs. DPWH Secretary Ebdane). The
other statement that civil engineering (CE) documents encompass
ARCHITECTURAL documents also have NO basis in law and similarly
preempts the decision of Manila RTC Branch 22 in the same civil
case. Those responsible for such statements could also be charged
with indirect contempt (and possibly even with fraud), for making
it appear that CEs are legally able and capable of doing the work
of registered and licensed architects (RLAs), the only entities
authorized to practice architecture under R.A. No. 9266.

10. Revised IRR will Prevent Civil EngineersRevised IRR will Prevent Civil Engineers
from Preparing, Signing and Sealingfrom Preparing, Signing and Sealing
BuildingBuilding Designs,Designs, PlansPlans and Specificationsand Specifications
• Revised IRR will give the exclusive right to Architects to prepare,Revised IRR will give the exclusive right to Architects to prepare,
sign and seal designs, plans and specifications enumerated insign and seal designs, plans and specifications enumerated in
Section 302.4 asSection 302.4 as ArchitecturalArchitectural DocumentsDocuments
• Revised IRR will limit Civil Engineers to preparing, signing andRevised IRR will limit Civil Engineers to preparing, signing and
sealing designs, plans and specifications enumerated in Sectionsealing designs, plans and specifications enumerated in Section
302.5 as Civil Engineering/ Structural Documents302.5 as Civil Engineering/ Structural Documents
• Revised IRR will make it impossible to obtain Building Permits forRevised IRR will make it impossible to obtain Building Permits for
buildings whose designs,buildings whose designs, plansplans and specifications are prepared,and specifications are prepared,
signed and sealed by Civil Engineerssigned and sealed by Civil Engineers
PRBoA Anotation. The term “plans” as used above refer to
civil/ structural engineering plans and documents and do
NOT at all refer to ARCHITECTURAL documents i.e.
architectural plans, designs, specifications, estimates
and contract documents.

11. UnderstandingUnderstanding RA 544RA 544
• SectionsSections 22 and 23and 23 of Republic Act No. 544 (The Civil Engineeringof Republic Act No. 544 (The Civil Engineering
Law)Law) clearly includeclearly include the preparation, signing and sealing ofthe preparation, signing and sealing of
designs,designs, plansplans and specifications ofand specifications of buildingsbuildings in the scope ofin the scope of
practice of Civil Engineeringpractice of Civil Engineering
PRBoA Anotation. The term “PLANS” refer to civil/ structural engineering
plans and documents for buildings and do NOT refer to ARCHITECTURAL
documents for buildings i.e. architectural plans and designs (which make
up the “A” sheets of building plans), ARCHITECTURAL specifications,
estimates and contract documents and the like. Otherwise, why were there
very specific delineations in the practices of architects and civil
engineers (CEs) under Sec. 24 of the CE law itself i.e. R.A. No. 1582 of
1956 itself (which amended R.A. No. 544 of 1950). The use of the term
“buildings” is again apparently being misappropriated by the CEs who may
perhaps be thoroughly unfamiliar with the very complex processes that go
into building PLAN preparation (including ARCHITECTURAL programming and
space planning), activities that take place long before building DESIGN,
engineering coordination and detailing could commence. The CEs do NOT
satisfy the basic requisites for ARCHITECTURAL practice in the
Philippines i.e. a B.S. Architecture degree, a two (2)-year diversified
training in the planning and design of buildings/ environs and an
ARCHITECT’s registration and license which only come after passing the
Architecture Licensure Examination (ALE) which is all about buildings.
Internationally, the word “building” is universally associated with
architects and NOT with CEs.

12. Section 2 ofSection 2 of RA 544RA 544 IncludesIncludes Preparation ofPreparation of BuildingBuilding Designs,Designs, PlansPlans andand
Specifications in Scope of Practice of Civil EngineeringSpecifications in Scope of Practice of Civil Engineering
• Section 2,Section 2, RA 544RA 544 – “The practice of civil engineering within the– “The practice of civil engineering within the
meaning and intent of this Act shall embrace services in the form ofmeaning and intent of this Act shall embrace services in the form of
consultation, design,consultation, design, preparation of plans, specificationspreparation of plans, specifications ,,
estimates, erection, installation and supervision of constructionestimates, erection, installation and supervision of construction ofof
streets, bridges, highways, railroads, airports and hangars,streets, bridges, highways, railroads, airports and hangars,
portworks, canals, river and shore improvements, lighthouses, andportworks, canals, river and shore improvements, lighthouses, and
dry docks;dry docks; buildingsbuildings ,, fixed structures for irrigation, flood protection,fixed structures for irrigation, flood protection,
drainage, water supply and sewerage works, demolition ofdrainage, water supply and sewerage works, demolition of
permanent structures, and tunnels.”permanent structures, and tunnels.”
PRBoA Anotation. The terms “plans” and “specifications” refer to
civil/ structural engineering plans, specifications and documents
and do NOT refer to ARCHITECTURAL plans, designs, specifications,
and related contract documents. The use of the term “buildings”
is again apparently being misappropriated by the Civil Engineers
(CEs) who may perhaps be thoroughly unfamiliar with the very
complex processes that go into building PLAN preparation
(including ARCHITECTURAL programming and space planning),
activities that take place long before building DESIGN and
detailing could commence. A wrong ARCHITECTURAL plan and design
begets many problems in project implementation and construction.
It is clear from the foregoing list of structures that the nature
of the work of the CE is the horizontal rather than the vertical.

13. SectionSection 22 ofof RA 544RA 544 Includes Preparation ofIncludes Preparation of BuildingBuilding Designs,Designs, PlansPlans
and Specifications in Scope of Practice of Civil Engineeringand Specifications in Scope of Practice of Civil Engineering
• Civil EngineeringCivil Engineering
ServicesServices
– ConsultationConsultation
– DesignDesign
– Preparation ofPreparation of
PlansPlans
– Preparation ofPreparation of
SpecificationsSpecifications
– Preparation of EstimatesPreparation of Estimates
– ErectionErection
– InstallationInstallation
– Supervision of ConstructionSupervision of Construction
– Demolition of PermanentDemolition of Permanent
StructuresStructures
• Civil Eng’g. StructuresCivil Eng’g. Structures
– StreetsStreets
– BridgesBridges
– HighwaysHighways
– RailroadsRailroads
– Airports and HangarsAirports and Hangars
– PortworksPortworks
– CanalsCanals
– River and ShoreRiver and Shore
ImprovementsImprovements
– LighthousesLighthouses
– DrydocksDrydocks
– BuildingsBuildings
– Fixed Structures forFixed Structures for
• IrrigationIrrigation
• Flood ProtectionFlood Protection
• DrainageDrainage
• Water SupplyWater Supply
• Sewerage WorksSewerage Works
– TunnelsTunnels
PRBoA Anotation. Same comments
as in the previous slides.

14. Section 23 ofSection 23 of RA 544RA 544 Allows Civil Engineersto Prepare, Sign and SealAllows Civil Engineersto Prepare, Sign and Seal
Building Designs, Plans and SpecificationsBuilding Designs, Plans and Specifications
• Section 23,Section 23, RA 544RA 544 – “It shall be unlawful for any person to order or otherwise cause– “It shall be unlawful for any person to order or otherwise cause
the construction, reconstruction, or alteration ofthe construction, reconstruction, or alteration of anyany buildingbuilding or structure intendedor structure intended
for public gatheringfor public gathering or assemblyor assembly such as theaters, cinematographs, stadia, churchessuch as theaters, cinematographs, stadia, churches
or structures of like natureor structures of like nature, and any other engineering structures mentioned in section, and any other engineering structures mentioned in section
two of this Act unless thetwo of this Act unless the designs, plans and specificationsdesigns, plans and specifications of the same haveof the same have
beenbeen preparedprepared under the responsible charge of, andunder the responsible charge of, and signed and sealed by asigned and sealed by a
registered civil engineerregistered civil engineer , and unless the construction, reconstruction and/or, and unless the construction, reconstruction and/or
alteration thereof are executed under the responsible charge and direct supervision ofalteration thereof are executed under the responsible charge and direct supervision of
a Civil Engineer.”a Civil Engineer.”
PRBoA Anotation. Architects are academically and sub-professionally
trained to WORK WITH civil/ structural engineers and other types of
professional engineers as well as with other regulated professionals such
as planners, interior designers and landscape architects to prepare them
well for their roles as building or site planners/ designers. This
apparently has NO equivalent in the preparation of the CEs for the
assumption of their later professional role.
More importantly, CEs do NOT have a single unit of architecture (nor
ARCHITECTURAL training in the preparation of building plans and designs),
as a credited architecture academic unit compared to about 120 units for
a B.S. Architecture major. The provision cited above is clear in that the
CEs shall play a major role for structurally-challenged buildings, which
architects do NOT contest. This does NOT mean however that the CEs can
prepare, sign or seal the ARCHITECTURAL documents for such projects.

15. Revised IRRRevised IRR Confers Position ofConfers Position of Prime ProfessionalPrime Professional toto
ArchitectArchitect
• The Revised IRRThe Revised IRR confers position of Prime Professional in buildingconfers position of Prime Professional in building
projects exclusively to Architectsprojects exclusively to Architects
• The procedure for application of building permit (see next slide)The procedure for application of building permit (see next slide)
clearly puts all other professions under the Architectclearly puts all other professions under the Architect
• No Building Permit can be issued without the participation of anNo Building Permit can be issued without the participation of an
ArchitectArchitect
• The Revised IRRThe Revised IRR prevents other professionals from assuming theprevents other professionals from assuming the
role of Prime Professional in building projectsrole of Prime Professional in building projects
• This has no basis in any of the professional laws, including RA 9266This has no basis in any of the professional laws, including RA 9266
PRBoA Anotation. The registered and licensed Architect (RLA) is indeed
the Prime Professional for the planning and design of buildings as is
internationally practiced. After all, everything emanates and evolves
from the ARCHITECTURAL plan, which PRECEDES all other building plans and
which is to be the SOLE basis for the subsequent engineering plans,
including the structural and civil works plans prepared by civil
engineers (CEs).
The CEs apparently want to wear the hat of the architect even when they
may NOT fully understand the intricacies of ARCHITECTURAL planning and
design. With their acquired skills and knowledge, maybe the CEs should
just fully focus on project implementation (including management and
construction) and leave ARCHITECTURAL work to RLAs.

16. RECEIVING/
RECORDING AND
RELEASING
RELOCATION SURVEY
PLAN & REPORT
& LINE AND GRADE
(GEODETIC)
ARCHITECTURAL/
ACCESSIBILITY
LAND USE
ZONING
CIVIL/
STRUCTURAL
ELECTRICAL
MECHANICAL
SANITARY
PLUMBING
ELECTRONICS
INTERIOR
DESIGN
GEODETIC
OTHERS
(SPECIFY)
FINAL EVALUATION
&
RECOMMENDATION
BUILDING
OFFICIAL
CITY/MUNICIPAL
TREASURY
(CASHIER)
VERIFICATION OR
LAND USE ZONING
& OTHER
CLEARANCES
ISSUANCE OF BUILDING PERMIT
PAYMENT OF FEES
ENDORSEMENT TO PROPER AUTHORITIES
BUILDING
PERMIT
ISSUED/
RELEASED
BUILDING
PERMIT
APPLICATION
PROCESSING OF APPLICATION OF BUILDING PERMIT FLOW CHART

17. Injunction is NeededInjunction is Needed
• P.D. 1096 provides that Implementing Rules andP.D. 1096 provides that Implementing Rules and
Regulations shall be formulated by the DPWHRegulations shall be formulated by the DPWH
SecretarySecretary
• Then DPWH Secretary Soriquez has signed theThen DPWH Secretary Soriquez has signed the
revised IRRrevised IRR
• P.D. 1096 provides that the IRR shall take effectP.D. 1096 provides that the IRR shall take effect
after their publication once a week for threeafter their publication once a week for three
consecutive weeks in a newspaper of generalconsecutive weeks in a newspaper of general
circulationcirculation
• IRR has been published in the Manila StandardIRR has been published in the Manila Standard
on April 1, 8 and 15on April 1, 8 and 15
• Without an injunction, the IRR will now be inWithout an injunction, the IRR will now be in
effecteffect

18. OverlapOverlap Among ProfessionsAmong Professions
• Doctors, Midwives, Nurses, Dentists, Nutritionists and Dietitians,Doctors, Midwives, Nurses, Dentists, Nutritionists and Dietitians,
OptometristsOptometrists
• Lawyers, Accountants, Criminologists, Customs BrokersLawyers, Accountants, Criminologists, Customs Brokers
• Mechanical Engineers, Electrical Engineers, Electronics andMechanical Engineers, Electrical Engineers, Electronics and
Communications EngineersCommunications Engineers
• Architects, Interior Designers, Landscape ArchitectsArchitects, Interior Designers, Landscape Architects
• Civil Engineers, ArchitectsCivil Engineers, Architects, Sanitary Engineers, Geodetic Engineers, Master, Sanitary Engineers, Geodetic Engineers, Master
Plumbers, Agricultural Engineers, Environmental PlannersPlumbers, Agricultural Engineers, Environmental Planners
• Many OthersMany Others
PRBoA Anotation. There is NO such overlap between architects and
civil engineers (CEs). Otherwise, why would separate laws for
Architects and CEs become necessary? The CEs only insist that
there is such an overlap because they apparently want to practice
two (2) professions with their CE registration and license.
Architects only want to practice one profession – theirs. It is
also important to remember that the CEs participated in the
crafting of R.A. No. 9266 (The Architecture Act of 2004) and that
the architects gave up structural design in exchange for the CE
support for the said law. Now the CEs are making it appear that
there is NO such deal and that architects were fools for readily
giving up structural design.

19. Overlap Among ProfessionsOverlap Among Professions
(Some Examples)(Some Examples)
• The act of delivering a baby couldThe act of delivering a baby could
constitute the practice of medicine,constitute the practice of medicine,
midwifery or nursing, depending on whichmidwifery or nursing, depending on which
professional carries out the deliveryprofessional carries out the delivery
• The act of preparing an opinion on aThe act of preparing an opinion on a
question of tax law could constitute thequestion of tax law could constitute the
practice of law or accounting, dependingpractice of law or accounting, depending
on which professional is the author of theon which professional is the author of the
opinion or documentopinion or document

20. Overlap Among ProfessionsOverlap Among Professions
(Some Examples)(Some Examples)
• TheThe act of preparing designs, plans andact of preparing designs, plans and
specifications for the interior of a buildingspecifications for the interior of a building
could constitute the practice ofcould constitute the practice of
architecture or interior designarchitecture or interior design, depending, depending
on which professional prepared theon which professional prepared the
documentsdocuments
• TheThe act of preparingact of preparing designs, plansdesigns, plans andand
specifications for aspecifications for a buildingbuilding couldcould
constitute the practice of architecture orconstitute the practice of architecture or
civil engineeringcivil engineering, depending on which, depending on which
professional prepared the documentsprofessional prepared the documents

21. Revisiting the Revised IRRRevisiting the Revised IRR
• Section 302.4 - Architectural Plans/DrawingsSection 302.4 - Architectural Plans/Drawings
– Vicinity Map/Location PlanVicinity Map/Location Plan
– Site Development PlanSite Development Plan
– PerspectivePerspective
– Floor PlansFloor Plans
– ElevationsElevations
– SectionsSections
– Reflected Ceiling PlanReflected Ceiling Plan
– Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections
– Schedule of Doors and WindowsSchedule of Doors and Windows
– Schedule of FinishesSchedule of Finishes
– Details of other major architectural elementsDetails of other major architectural elements
• Architectural Interiors/Interior DesignArchitectural Interiors/Interior Design
• Plans and Specific Locations of Accessibility FacilitiesPlans and Specific Locations of Accessibility Facilities
• Fire Safety DocumentsFire Safety Documents
• Other Related DocumentsOther Related Documents

22. Revisiting the Revised IRRRevisiting the Revised IRR
• Section 302.5 – Civil EngineeringSection 302.5 – Civil Engineering
DocumentsDocuments
– Site Development PlanSite Development Plan
– Structural PlansStructural Plans
– Structural Analysis and DesignStructural Analysis and Design
– Boring and Load TestsBoring and Load Tests
– Seismic AnalysisSeismic Analysis
– Other related documentsOther related documents

23. Correct List of Civil Engineering DocumentsCorrect List of Civil Engineering Documents• Section 302.5 – Civil Engineering DocumentsSection 302.5 – Civil Engineering Documents
– Vicinity Map/Location PlanVicinity Map/Location Plan
– Building PlansBuilding Plans
• PerspectivePerspective
• Floor PlansFloor Plans
• ElevationsElevations
• SectionsSections
• Reflected Ceiling PlanReflected Ceiling Plan
• Details, in the form of plans, elevations/sectionsDetails, in the form of plans, elevations/sections
• Schedule of Doors and WindowsSchedule of Doors and Windows
• Schedule of FinishesSchedule of Finishes
• Structural PlansStructural Plans
– Site Development PlanSite Development Plan
– Structural Analysis and DesignStructural Analysis and Design
– Boring and Load TestsBoring and Load Tests
– Seismic AnalysisSeismic Analysis
– Other related documentsOther related documents
PRBoA Anotation. The items labeled as “building plans” are clearly
ARCHITECTURAL documents that make up the “A” sheets of building plans.
This appears to be a clear and deliberate attempt by Civil Engineers
(CEs) to portray or pass themselves off as legally capable and able to do
a registered and licensed architect (RLA)’s work. The CEs do NOT have
the academic preparation, nor the sub-professional training, nor the
registration/ license and the professional training to do the work of
architects. For instance, were the CEs ever trained in the preparation
of ARCHITECTURAL plans, designs and even perspectives for that matter?
The CEs do NOT have a single academic unit of architecture to their
credit. The foregoing statements also preempt the decision of the court
and the responsible CEs can similarly be charged with indirect contempt.

24. Revised IRR is in ErrorRevised IRR is in Error
• Revised IRR isRevised IRR is in errorin error by limiting “civil engineering documents” to thoseby limiting “civil engineering documents” to those
enumerated in Section 302.5.enumerated in Section 302.5.
• Revised IRR isRevised IRR is in errorin error by not including the documents enumerated inby not including the documents enumerated in
Section 302.4Section 302.4 in the list of “civil engineering documents” in Section 302.5.in the list of “civil engineering documents” in Section 302.5.
• The documents enumerated in Section 302.4 are not genericallyThe documents enumerated in Section 302.4 are not generically
“architectural documents”.“architectural documents”.
• The documents enumerated in Section 302.4 are “Architectural Documents”The documents enumerated in Section 302.4 are “Architectural Documents”
only if prepared, signed and sealed by an Architectonly if prepared, signed and sealed by an Architect
• The documents enumerated in Section 302.4 are “Civil EngineeringThe documents enumerated in Section 302.4 are “Civil Engineering
Documents” if they are prepared, signed and sealed by a Civil EngineerDocuments” if they are prepared, signed and sealed by a Civil Engineer
PRBoA Anotation. The 2004 Revised IRR of the 1977 NBCP (P.D. No. 1096) is
fully compliant with prevailing Philippine laws. The documents listed
under Sec. 302.4 are ALL ARCHITECTURAL documents requiring the
involvement of a registered and licensed architect (RLA) and NO other
regulated professional to prepare, sign and seal the same. These
documents are clearly defined under the 2004 Implementing Rules and
Regulations (IRR) of R.A. No. 9266 (The Architecture Act of 2004). The
civil engineers (CEs) apparently do NOT have any IRR for their law i.e.
R.A. No. 1582 (which amended R.A. No. 544) and are therefore unable to
offer a definition for “civil engineering plan” or “building plan” for
that matter. The foregoing statements by the CE/s responsible, as
disseminated by the through a CE website, preempts the court’s judgment
and should also make them liable for charges of indirect contempt.

25. Revised IRR isRevised IRR is in Errorin Error• Civil Engineers have been preparing, signing and sealingCivil Engineers have been preparing, signing and sealing buildingbuilding
designs,designs, plansplans and specifications not only for the past 50 years (lifeand specifications not only for the past 50 years (life
ofof RA 544RA 544) but even before the professions or Architecture and Civil) but even before the professions or Architecture and Civil
Engineering were regulatedEngineering were regulated
• The preparation, signing and sealing ofThe preparation, signing and sealing of building designs, plansbuilding designs, plans andand
specifications is part of the practice of Civil Engineering by law,specifications is part of the practice of Civil Engineering by law,
history and traditionhistory and tradition
• ThisThis rightright of Civil Engineers to prepare, sign and seal buildingof Civil Engineers to prepare, sign and seal building
designs, plans and specifications hasdesigns, plans and specifications has never been legallynever been legally
challengedchallenged, up to the present, up to the present
• There has never been any case filedThere has never been any case filed or legal judgment renderedor legal judgment rendered
that this practice of Civil Engineers has hadthat this practice of Civil Engineers has had any adverse effect toany adverse effect to
any person or has been harmful to public welfareany person or has been harmful to public welfare
PRBoA Anotation. Even if the Civil Engineers (CEs) were
supposedly able to do what architects did before R.A. Nos. 545 of
1950, before R.A. No. 1581 of 1956 and before R.A. No. 9266 of
2004 came into being, the fact that these laws existed or are
presently valid and subsisting, does NOT excuse the CEs who
violate/d these laws and who may be held criminally liable for
the illegal practice of architecture. The CEs are now being
legally challenged in court by registered and licensed architects
(RLAs) based on the cases the CEs filed themselves. The RLAs are
now in a position to tell the court the disadvantages/ evils of
allowing the CEs to illegally practice architecture.

26. Revised IRR isRevised IRR is in Errorin Error
• The only parties affected by this practice areThe only parties affected by this practice are Architects who are forced toArchitects who are forced to
compete with Civil Engineers in the open marketcompete with Civil Engineers in the open market
• TheThe purpose of regulatory laws is to protect the public and not any particularpurpose of regulatory laws is to protect the public and not any particular
professionprofession
• RA 9266 is irrelevant to this issueRA 9266 is irrelevant to this issue which is concerned only with the practicewhich is concerned only with the practice
of Civil Engineeringof Civil Engineering
• RA 9266 affects only the profession of ArchitectureRA 9266 affects only the profession of Architecture and not Civiland not Civil
Engineering (Section 43)Engineering (Section 43)
• RA 9266 has not repealedRA 9266 has not repealed RA 544RA 544 (Section 47)(Section 47)
• RA 9266 has not removed the preparation, signing and sealing ofRA 9266 has not removed the preparation, signing and sealing of buildingbuilding
designs,designs, plansplans and specifications from the practice of Civil Engineeringand specifications from the practice of Civil Engineering
PRBoA Anotation. Architects do NOT compete with the Civil Engineers (CEs)
for the plain and simple reason that architects were trained to “work
with” the CEs and that the architects are secure in their knowledge that
they are the SOLE professionals who can prepare the proper ARCHITECTURAL
plans and designs for ANY building. Not content with designing the
structural/civil works and with managing and actually constructing a
project (which are all major efforts in a construction and development
project), it is the CEs who insist that they can do away with architects
and that they can do the job of the architects despite their obvious and
undeniable lack of academic and sub-professional preparation. R.A. No.
9266 is very specific in its MULTIPLE provisions stating that only
registered and licensed architects (RLAs) shall prepare, sign and seal
ARCHITECTURAL documents i.e. the “A” sheets of the building plans,
architectural specifications, estimates & contract documents & the like.

27. Revised IRR isRevised IRR is Biased in Favor of ArchitectsBiased in Favor of Architects
• Revised IRRRevised IRR confers the position ofconfers the position of Prime Professional to Architects, without any legalPrime Professional to Architects, without any legal
basisbasis
• Revised IRRRevised IRR conveniently invokes theconveniently invokes the Principle of OverlapPrinciple of Overlap of Architecture with theof Architecture with the
profession of Interior Design with regards to preparation, signing and sealing of designs,profession of Interior Design with regards to preparation, signing and sealing of designs,
plans and specifications for building interiorsplans and specifications for building interiors
• Revised IRRRevised IRR totallytotally disregards the Principle of Overlapdisregards the Principle of Overlap of Architecture with theof Architecture with the
profession of Civil Engineering with regards to preparation, signing and sealing ofprofession of Civil Engineering with regards to preparation, signing and sealing of
designs, plans and specifications for Buildingsdesigns, plans and specifications for Buildings
P
PRBoA Anotation. The Architects have been the Prime Professional
for buildings for eons. The term architect means “master builder”
and architects have been involved with all phases of building
planning and implementation, even its occupancy and usage. The
word “buildings” is UNIVERSALLY associated with architects and
NOT with civil engineers. The 2004 Revised IRR of the 1977 NBCP
did NOT confer anything on architects as the role of the
architects in buildings is an undeniable fact that only the
leaders of the Philippine civil engineers (CEs) refuse to
recognize. Architects and interior designers share the practice
of planning and designing ARCHITECTURAL interiors, which the CEs
are even more unqualified to offer or render. With the removal of
structural design from the scope of architectural practice under
R.A. No. 9266 (with the concurrence and support of the CEs),
there is now NO overlap between the practices of architects and
CEs. Architectural documents i.e. the “A” sheets of building
plans, are clearly only for architects to prepare, sign and seal.

28. GuidelinesGuidelines in Preparingin Preparing BuildingBuilding Designs,Designs,
PlansPlans and Specifications by Civil Engineersand Specifications by Civil Engineers
• While theWhile the Old IRR allows Civil Engineers to sign and sealOld IRR allows Civil Engineers to sign and seal
Architectural plans and documentsArchitectural plans and documents, this is not advisable to avoid, this is not advisable to avoid
possible conflict with RA 9266possible conflict with RA 9266
• Label all plans, specifications and other documents “CivilLabel all plans, specifications and other documents “Civil
Engineering” before signing and sealing them (Do not sign and sealEngineering” before signing and sealing them (Do not sign and seal
any plan or document labeled “Architectural”,any plan or document labeled “Architectural”, or any otheror any other
profession)profession)
• Place the title “Civil Engineer” under your name and signature whenPlace the title “Civil Engineer” under your name and signature when
signing plans, specifications and other documents (Do not sign insigning plans, specifications and other documents (Do not sign in
any space that contains the title “Architect”, or any other profession,any space that contains the title “Architect”, or any other profession,
whether in the plans, documents, application for permit, or thewhether in the plans, documents, application for permit, or the
permit itself)permit itself)
• If a Civil Engineer signs a plan labeled “Architectural Plans”, orIf a Civil Engineer signs a plan labeled “Architectural Plans”, or
signs in a space containing the title “Architect”, he could be chargedsigns in a space containing the title “Architect”, he could be charged
with practicing Architecture and with violating RA 9266.with practicing Architecture and with violating RA 9266.
PRBoA Anotation. Glaring mistakes under the Old IRR were corrected under
the 2004 Revised IRR of P.D. No. 1096. Civil Engineers (CEs) must always
remember that when they prepare sign and seal ARCHITECTURAL plans,
designs, specifications and documents, even if these are labeled as
“civil engineering” documents, they may then become criminally liable for
the illegal practice of architecture under R.A. No. 9266.

29. PICE has obtained PreliminaryPICE has obtained Preliminary
Injunction from Manila RTCInjunction from Manila RTC
• PICE obtainedPICE obtained 72 hour Temporary Restraining72 hour Temporary Restraining
Order (TRO)Order (TRO) against implementation of Revisedagainst implementation of Revised
IRR first week of May, 2005IRR first week of May, 2005
• PICE obtainedPICE obtained 20-day TRO20-day TRO second week ofsecond week of
May, 2005May, 2005
• PICE obtainedPICE obtained Preliminary Injunction on May 24,Preliminary Injunction on May 24,
20052005
• Preliminary Injunction hasPreliminary Injunction has no expiry dateno expiry date andand
means that implementation of the Revised IRRmeans that implementation of the Revised IRR
is stopped until the issues raised by PICE areis stopped until the issues raised by PICE are
resolvedresolved

30. Preliminary InjunctionPreliminary Injunction Recognizes Issue Raised by PICERecognizes Issue Raised by PICE
• Dispositive paragraph of Preliminary Injunction states:Dispositive paragraph of Preliminary Injunction states:
““Both the petitioner and respondent are one thatBoth the petitioner and respondent are one that one cannot be deprivedone cannot be deprived
of the right to work and the right to make a living because these rightsof the right to work and the right to make a living because these rights
are property rightsare property rights. It is not disputed that prior to the issuance of the. It is not disputed that prior to the issuance of the
questioned IRR, petitioners, as civil engineers, werequestioned IRR, petitioners, as civil engineers, were exercising theexercising the
subject rights pursuant tosubject rights pursuant to R.A. 544 andR.A. 544 and P.D. 1096P.D. 1096 as well as Ministryas well as Ministry
Order 57Order 57 which the subject IRR would now remove from them.which the subject IRR would now remove from them. It is aIt is a
legal truism that ‘the spring cannot rise higher than its source’. At thislegal truism that ‘the spring cannot rise higher than its source’. At this
stage of the proceedings, it would appear that thestage of the proceedings, it would appear that the new IRR goes beyondnew IRR goes beyond
the laws it seeks to implementthe laws it seeks to implement.”.”
PRBoA Anotation. The Writ of Preliminary Injunction was based on
apparently inaccurate and potentially misleading claims made by
the CEs. Their heavy reliance on the apparently altered/
intercalated version of Sec. 302 of the 1977 National Building
Code of the Philippines (P.D. No. 1096) is a potentially material
misrepresentation of fact and law and the CEs, whether wittingly
or unwittingly using the said altered version to secure the 2005
injunction, must be held accountable for their actions, which
have severely prejudiced Philippine architects. That the
injunction is now being actively used by the CEs to frustrate the
legal and rightful implementation of R.A. No. 9266 (The
Architecture Act of 2004) even if the said injunction does NOT
apply to R.A. No. 9266, is an altogether separate matter that the
same entities have to account for.

31. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction• DPWH, through Solicitor General, submitted their answerDPWH, through Solicitor General, submitted their answer
on June 17, 2005on June 17, 2005
• Sections 2 and 23 ofSections 2 and 23 of RA 544RA 544 does not state in clear anddoes not state in clear and
unequivocal terms that civil engineers can prepare, signunequivocal terms that civil engineers can prepare, sign
and sealand seal architecturalarchitectural documentsdocuments
• Only underOnly under Section 302 of PD 1096Section 302 of PD 1096 and Section 3.2 ofand Section 3.2 of
Ministry Order 57Ministry Order 57 that the right of civil engineers tothat the right of civil engineers to
prepare, sign and seal architectural plans wasprepare, sign and seal architectural plans was
recognized and expressly granted.recognized and expressly granted.
PRBoA Anotation. There is absolutely NOTHING mentioned
under the actual/signed/AUTHENTIC Sec. 302 of the 1977
National Building Code of the Philippines/ NBCP (P.D. No.
1096) as to who shall sign and seal ARCHITECTURAL
documents. Ministry Order No. 57, which appear NOT to
mention signatories to ARCHITECTURAL documents, also does
NOT have the power to change Sec. 302 of the 1977 National
Building Code of the Phils. (P.D. No. 1096).

32. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• Section 302 of PD 1096Section 302 of PD 1096 and Section 3.2 ofand Section 3.2 of
Ministry Order 57 have been repealed byMinistry Order 57 have been repealed by
Sections 20, 25 and 29 of RA 9266, theSections 20, 25 and 29 of RA 9266, the
“Architecture Act of 2004”“Architecture Act of 2004”
• Assuming arguendo that Sections 2 andAssuming arguendo that Sections 2 and
23 of23 of RA 544RA 544 include the preparation ofinclude the preparation of
architecturalarchitectural documents, said provisiondocuments, said provision
has likewise been repealed by RA 9266has likewise been repealed by RA 9266

33. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• RA 9266 was approved on March 17,RA 9266 was approved on March 17,
2004 while2004 while RA 544RA 544,, PD 1096PD 1096 and Ministryand Ministry
Order 57 were approved in 1950, 1977Order 57 were approved in 1950, 1977
and 1978, respectively.and 1978, respectively.
• In case of irreconcilable conflict betweenIn case of irreconcilable conflict between
two laws, thetwo laws, the later enactment must prevaillater enactment must prevail..
• That RA 9266 has repealed the other lawsThat RA 9266 has repealed the other laws
is evident from Section 46 of RA 9266.is evident from Section 46 of RA 9266.

34. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• PD 1096 is a general lawPD 1096 is a general law as it deals withas it deals with
the practice of various professions, whilethe practice of various professions, while
RA 9266 is a special lawRA 9266 is a special law because it dealsbecause it deals
exclusively with the practice ofexclusively with the practice of
architecture.architecture.
• It is a finely-imbedded principle that aIt is a finely-imbedded principle that a
special provision of law prevails over aspecial provision of law prevails over a
general onegeneral one..

35. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• The Revised IRR did not amend norThe Revised IRR did not amend nor
supplant the laws promulgated by thesupplant the laws promulgated by the
legislature.legislature.
• The Revised IRR is consistent and inThe Revised IRR is consistent and in
harmony with the pertinent provisions ofharmony with the pertinent provisions of
RA 9266.RA 9266.

36. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• It is erroneous to claim that the RevisedIt is erroneous to claim that the Revised
IRR is null and void because it givesIRR is null and void because it gives
architects the exclusive right to prepare,architects the exclusive right to prepare,
sign and sealsign and seal architecturalarchitectural documents.documents.
• It is the legislature by virtue of RA 9266It is the legislature by virtue of RA 9266
which gives duly licensed architects thewhich gives duly licensed architects the
exclusive right to prepare, sign and sealexclusive right to prepare, sign and seal
architectural documentsarchitectural documents..

37. Understanding RA 9266Understanding RA 9266
• Section 20. Seal, Issuance and Use of Seal. – ASection 20. Seal, Issuance and Use of Seal. – A
duly licensed architectduly licensed architect shall affix the sealshall affix the seal
prescribed by the Board bearing the registrant’sprescribed by the Board bearing the registrant’s
name, registration number and the title “Architect”name, registration number and the title “Architect”
onon all architectural plans, drawings,all architectural plans, drawings,
specificationsspecifications and all other contractand all other contract
documents prepared by or under his/her directdocuments prepared by or under his/her direct
supervision.supervision.

38. Understanding RA 9266Understanding RA 9266
• Section 20(2) – No officer or employee of thisSection 20(2) – No officer or employee of this
Republic, chartered cities, provinces andRepublic, chartered cities, provinces and
municipalities, now or hereafter charged with themunicipalities, now or hereafter charged with the
enforcement of laws, ordinances or regulationsenforcement of laws, ordinances or regulations
relating to the construction or alteration ofrelating to the construction or alteration of
buildings, shall accept or approve any architecturalbuildings, shall accept or approve any architectural
plans or specifications which have not beenplans or specifications which have not been
prepared and submitted in full accord with all theprepared and submitted in full accord with all the
provisions of this Act; nor shall any payments beprovisions of this Act; nor shall any payments be
approved by any officer for any work, the plansapproved by any officer for any work, the plans
and specifications for which have not been soand specifications for which have not been so
prepared and signed and sealed by the author.prepared and signed and sealed by the author.

39. Understanding RA 9266Understanding RA 9266
• Section 20(5) – AllSection 20(5) – All architectural plans,architectural plans,
designs, drawingsdesigns, drawings andand architecturalarchitectural
documentsdocuments relative to the construction of arelative to the construction of a
building shall bear the seal and signaturebuilding shall bear the seal and signature onlyonly
of an architectof an architect registered and licensedregistered and licensed
under this Act together with his/her professionalunder this Act together with his/her professional
identification number and the date of itsidentification number and the date of its
expiration.expiration.

40. Understanding RA 9266Understanding RA 9266
• Section 25 – “No person shallSection 25 – “No person shall practicepractice
architecturearchitecture in this country, orin this country, or engage inengage in
preparing architectural plans,preparing architectural plans,
specifications or preliminary data for thespecifications or preliminary data for the
erection or alteration of any buildingerection or alteration of any building
located within the boundaries of this country, orlocated within the boundaries of this country, or
use the title “Architect”use the title “Architect” , or, or display the worddisplay the word
“Architect” together with another word“Architect” together with another word , or, or
use any title, sign, card, advertisement, oruse any title, sign, card, advertisement, or
other devise to indicate such personother devise to indicate such person
practices or offers to practicepractices or offers to practice
architecture, or is an architectarchitecture, or is an architect , unless such, unless such
person shall have received from the Board aperson shall have received from the Board a
Certificate of Registration and be issued aCertificate of Registration and be issued a
Professional Identification Card.”Professional Identification Card.”

41. Understanding RA 9266Understanding RA 9266
• Section 29 – Prohibition in the Practice ofSection 29 – Prohibition in the Practice of
Architecture and Penal Clause. – Any personArchitecture and Penal Clause. – Any person
who shall practice or offer to practicewho shall practice or offer to practice
architecture in the Philippines without beingarchitecture in the Philippines without being
registered/licensed and who are not holders ofregistered/licensed and who are not holders of
temporary or special permits in accordance withtemporary or special permits in accordance with
the provisions of this Act … shall be guilty ofthe provisions of this Act … shall be guilty of
misdemeanor and charged in court by themisdemeanor and charged in court by the
Commission…Commission…

42. Exclusive to ArchitectsExclusive to Architects
• Practice architecture in the PhilippinesPractice architecture in the Philippines
• Engage in preparing architectural plans,Engage in preparing architectural plans,
specifications or preliminary data for thespecifications or preliminary data for the
erection or alteration of any buildingerection or alteration of any building
located within the boundaries of thelocated within the boundaries of the
PhilippinesPhilippines
• Use the title “Architect”Use the title “Architect”
• Display the word “Architect” together with another wordDisplay the word “Architect” together with another word
• Display or use any title, sign, card, advertisement, orDisplay or use any title, sign, card, advertisement, or
other device to indicate such person practices or offersother device to indicate such person practices or offers
to practice architecture, or is an architectto practice architecture, or is an architect

43. Revisiting PD 1096 and Ministry Order No. 57Revisiting PD 1096 and Ministry Order No. 57
• Section 302 of P.D. 1096Section 302 of P.D. 1096 and Sectionand Section 3.2 of Ministry3.2 of Ministry
Order No. 57Order No. 57 (Old IRR)(Old IRR) requiresrequires the submittal to thethe submittal to the
Building Official of five (5) sets of plans andBuilding Official of five (5) sets of plans and
specifications prepared, signed and sealed by a dulyspecifications prepared, signed and sealed by a duly
licensedlicensed architect or civil engineer, in case ofarchitect or civil engineer, in case of
architectural and structural plans.architectural and structural plans.
PRBoA Anotation. There is absolutely NOTHING mentioned under the
actual/signed/AUTHENTIC Sec. 302 of the 1977 National Building
Code of the Philippines/ NBCP (P.D. No. 1096) as to who shall
sign and seal ARCHITECTURAL documents. The foregoing statement
may be construed as a potentially deliberate misrepresentation of
fact and law. Since there is NOTHING in both P.D. 1096 and R.A.
No. 1582 (544) specifically saying that civil engineers (CEs) can
sign and seal ARCHITECTURAL documents, we have to abide by R.A.
No.9266, which is the governing law insofar as ARCHITECTURAL
documents are concerned. Ministry Order No. 57 is only a mere
executive issuance that appears NOT to mention the signatory to
ARCHITECTURAL documents and does NOT have the power to change
what is explicitly stated under Sec. 302 of the 1977 NBCP (P.D.
No. 1096).

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

45. Revisiting Section 23 ofRevisiting Section 23 of RA 544RA 544
• Section 23,Section 23, RA 544RA 544 – “It shall be unlawful for any person– “It shall be unlawful for any person
to order or otherwise cause the construction,to order or otherwise cause the construction,
reconstruction, or alteration of anyreconstruction, or alteration of any buildingbuilding oror
structure intended for public gathering or assembly suchstructure intended for public gathering or assembly such
as theaters, cinematographs, stadia, churches oras theaters, cinematographs, stadia, churches or
structures of like naturestructures of like nature, and any other engineering, and any other engineering
structures mentioned in section two of this Act unless thestructures mentioned in section two of this Act unless the
designs, plans and specificationsdesigns, plans and specifications of theof the
same have beensame have been preparedprepared under the responsibleunder the responsible
charge of, andcharge of, and signed and sealed by asigned and sealed by a
registered civil engineerregistered civil engineer , and unless the, and unless the
construction, reconstruction and/or alteration thereof areconstruction, reconstruction and/or alteration thereof are
executed under the responsible charge and directexecuted under the responsible charge and direct
supervision of a Civil Engineer.”supervision of a Civil Engineer.”

46. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• The DPWH answer presumes that the PICEThe DPWH answer presumes that the PICE
case is that civil engineers can prepare, sign andcase is that civil engineers can prepare, sign and
seal “architectural plans and documents”.seal “architectural plans and documents”.
• The PICE case is:The PICE case is: Civil Engineers shouldCivil Engineers should
not be prevented from practicing civilnot be prevented from practicing civil
engineering which includes preparing,engineering which includes preparing,
signing and sealingsigning and sealing buildingbuilding plans andplans and
documents.documents.
PRBoA Anotation. The Civil Engineers (CEs) and their leaders must
be knowledgeable enough to understand the difference between
“BUILDING plans” (which is a GENERIC term) and “ARCHITECTURAL”
plans (which is a SPECIFIC term). ARCHITECTURAL plans and designs
make up the “A” sheets of BUILDING plans. R.A. No. 9266 (The
Architecture Act of 2004) is a SPECIAL law that prevails over the
provisions of either R.A. No. 1582 (which repealed R.A. No. 544)
and P.D. No. 1096 whenever these refer to the GENERIC terms
“building” or “building plans”.

47. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• It is immaterial whether PD 1096 and MinistryIt is immaterial whether PD 1096 and Ministry
Order NO. 57 has been repealed by RA 9266Order NO. 57 has been repealed by RA 9266
because it isbecause it is RA 544RA 544 (not PD 1096) that gives(not PD 1096) that gives
civil engineers thecivil engineers the right to prepare, sign and sealright to prepare, sign and seal
building plansbuilding plans
• RA 9266 has not repealed Sections 2 and 23 ofRA 9266 has not repealed Sections 2 and 23 of
RARA 544544 because these sections are notbecause these sections are not
inconsistent with RA 9266 as they do not stateinconsistent with RA 9266 as they do not state
that civil engineers can prepare, sign and sealthat civil engineers can prepare, sign and seal
“architectural plans or documents”“architectural plans or documents” (There is(There is
nothing to repeal).nothing to repeal).

48. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• SectionsSections 22 and 23 ofand 23 of RA 544RA 544 clearly states that the preparation, signing andclearly states that the preparation, signing and
sealing of “sealing of “buildingbuilding plansplans” are” are within the scope of practice of civilwithin the scope of practice of civil
engineeringengineering..
• Therefore, the PICE case hinges on the proper interpretation of the termTherefore, the PICE case hinges on the proper interpretation of the term
““buildingbuilding plansplans”.”.
• The PICE position is that the term “building plans” include all plansThe PICE position is that the term “building plans” include all plans
of buildingsof buildings..
PRBoA Anotation. The foregoing may be typical of the conceit
exhibited by SOME Philippine Civil Engineers (CEs) and/ or their
leaders. While architects are only saying that architecture is
their domain, the CEs are now saying that they can prepare, sign
and seal “ALL” BUILDING plans which would necessarily include
ARCHITECTURAL, civil works, structural, electrical, mechanical,
electronics and communications (ECE) including information and
communications technology (ICT) components, sanitary, master
plumbing, interior design, environmental planning, landscape
architectural documents (and possibly even furniture designs,
graphic designs and the like). The CEs want to be seen as “super
professionals” and yet they could NOT muster enough courage to
take a 5-year architecture course plus 2 years of diversified
training on building planning and design plus solving the
building planning/design problem in the Architecture Licensure
(ALE) to qualify for the legal practice of architecture.

49. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• Architects claim that the term “buildingArchitects claim that the term “building
plans” inplans” in RA 544RA 544 means “structuralmeans “structural
building plans”building plans”
• If this is the case, why is that not what isIf this is the case, why is that not what is
stated?stated?
• If this is the case, why is it that civilIf this is the case, why is it that civil
engineers have beenengineers have been preparing, signingpreparing, signing
and sealingand sealing complete “building plans” forcomplete “building plans” for
thousands of yearsthousands of years, without any legal, without any legal
challenge?challenge?

50. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• The DPWH answer is totally dependent onThe DPWH answer is totally dependent on
the premise that RA 9266 is relevant to thisthe premise that RA 9266 is relevant to this
case.case.
• This will only be true if the case is about theThis will only be true if the case is about the
practice of architecturepractice of architecture..
• The PICE case isThe PICE case is not about the practicenot about the practice
of architectureof architecture but about the practicebut about the practice
of civil engineering.of civil engineering.
• Therefore,Therefore, RA 9266 is irrelevantRA 9266 is irrelevant , and, and
the applicable law is RA 544.the applicable law is RA 544.

51. RA 9266 Cannot Justify the RevisedRA 9266 Cannot Justify the Revised
IRRIRR
• Section 43, RA 9266 – “This Act shall not beSection 43, RA 9266 – “This Act shall not be
construed to affect or prevent the practice of anyconstrued to affect or prevent the practice of any
otherother legally recognized professionlegally recognized profession.”.”
– RA 9266RA 9266 does notdoes not affectaffect the scope of practice of Civilthe scope of practice of Civil
EngineeringEngineering
• Section 46 of RA 9266 - “Republic Act No. 545, asSection 46 of RA 9266 - “Republic Act No. 545, as
amended by Republic Act No. 1581, is herebyamended by Republic Act No. 1581, is hereby
repealed andrepealed and all other laws, orders and regulationsall other laws, orders and regulations
or resolutions or part/s thereof inconsistent with theor resolutions or part/s thereof inconsistent with the
provisions of this Act are hereby repealed orprovisions of this Act are hereby repealed or
modified accordinglymodified accordingly”” does not repeal or modify RAdoes not repeal or modify RA
544544 for the following reasons:for the following reasons:
– No provision ofNo provision of RA 544RA 544 is inconsistent with RA 9266,is inconsistent with RA 9266,
becausebecause RA 544RA 544 does not authorize civil engineers todoes not authorize civil engineers to
prepare, sign and sealprepare, sign and seal architecturalarchitectural plans andplans and
documentsdocuments

52. DPWH Answer to Preliminary InjunctionDPWH Answer to Preliminary Injunction
• DPWH answer acknowledges that the direct consequence of the revisedDPWH answer acknowledges that the direct consequence of the revised
IRR is to deprive more than a hundred thousand civil engineers of theirIRR is to deprive more than a hundred thousand civil engineers of their rightright
toto earn a living which has been vested upon them for more than fifty yearsearn a living which has been vested upon them for more than fifty years
nownow..
• DPWH answer cites the principle of “dura lex sed lex (The law is harsh butDPWH answer cites the principle of “dura lex sed lex (The law is harsh but
the law is still the law).the law is still the law).
PRBoA Anotation. The Civil Engineer (CE)’s right to earn a
living does NOT include practicing a SEPARATELY regulated
profession. Architects do NOT practice civil engineering
so why should CEs practice architecture? If CEs want to
practice architecture, then they should become registered
and licensed architects (RLAs) first and comply with the
requisites for admission into the practice, just as the
older CEs have done in the past. The CE registration and
license are NOT documents that allow CEs to practice two
(2) professions. When CEs prepare sign and seal
ARCHITECTURAL plans, designs, specifications and
documents, even if these are labeled as “civil
engineering” documents, they may become liable for the
illegal practice of architecture under R.A. No. 9266.

53. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• The PICE position is thatThe PICE position is that all existing laws must beall existing laws must be
enforced, includingenforced, including RA 9266, PD 1096 andRA 9266, PD 1096 and RA 544RA 544..
• The DPWH position is correct only if RA 9266 is theThe DPWH position is correct only if RA 9266 is the
applicable law to this case.applicable law to this case.
• IfIf RA 544RA 544 is the applicable law, then the revised IRRis the applicable law, then the revised IRR
deprives civil engineers of a right vested upon them bydeprives civil engineers of a right vested upon them by
law.law.
• Since theSince the PICE case is about the practice of civilPICE case is about the practice of civil
engineeringengineering and not the practice of architecture, theand not the practice of architecture, the
relevant law isrelevant law is RA 544RA 544..
PRBoA Anotation. The 1977 National Building Code of the
Philippines (P.D. No. 1096) is all about buildings. Its
architectural sections under the 2004 Revised IRR have been
written in the language of the architects and approved for
official use by the right-thinking civil engineers (CEs) in the
DPWH. Secs. 302.3 and 302.4 are about ARCHITECTURAL documents.
The case against the DPWH Secretary is about CEs wanting to
continue to practice the SEPARATE regulated profession of
architecture long after R.A. No. 9266 (which the CEs helped
craft) was approved into law.

54. DPWH Answer to PreliminaryDPWH Answer to Preliminary
InjunctionInjunction
• DPWH answer states that laws areDPWH answer states that laws are
adopted to make sure that the plansadopted to make sure that the plans
specifications and other documents to bespecifications and other documents to be
submitted for the issuance of a buildingsubmitted for the issuance of a building
permit are prepared, signed and sealed bypermit are prepared, signed and sealed by
competent professionalscompetent professionals who possess thewho possess the
required skills, knowledge and expertiserequired skills, knowledge and expertise
on the matter to safeguard life, health,on the matter to safeguard life, health,
property and public welfare.property and public welfare.

55. Why DPWH Answer isWhy DPWH Answer is WrongWrong
• Civil Engineers have prepared, signed and sealedCivil Engineers have prepared, signed and sealed building plansbuilding plans for thousands of yearsfor thousands of years,,
with distinctionwith distinction
• There has never been a legal challengeThere has never been a legal challenge, much less a decision, questioning this, much less a decision, questioning this rightright ofof
civil engineerscivil engineers
• There has never been a single caseThere has never been a single case, much less a decision, that civil engineers are a threat, much less a decision, that civil engineers are a threat
to life, health, property or public welfareto life, health, property or public welfare
• It is anIt is an insultinsult to the civil engineering profession to question the competence of civilto the civil engineering profession to question the competence of civil
engineers to prepare, sign and sealengineers to prepare, sign and seal buildingbuilding plansplans
• It is anIt is an insultinsult to the civil engineering profession toto the civil engineering profession to accuseaccuse civil engineers of being threats tocivil engineers of being threats to
life, health, property or public welfarelife, health, property or public welfare
PRBoA Anotation. The term civil engineer (CE) probably came into
use only in the last 100 to 150 years. Before this, there was
only military engineering which largely dealt with fortifications
and defenses. The entities who used to plan, design and supervise
the erection of large buildings and structures were actually
architects (as the master builders, the literal translation of
the word “architect”). The planning of roads and cities were also
done by architects or architect-planners and for a time in the
late 1800s and early twentieth century by landscape architects.
It is probable that the precursors of the civil engineers were
there but they were probably not performing a senior role in
project planning and implementation. There are presently several
cases in the Philippines wherein the alleged right of CEs to
prepare, sign and seal ARCHITECTURAL plans are being directly
challenged by registered and licensed architects (RLAs).

56. ConclusionConclusion
• Civil Engineers cannot practice architectureCivil Engineers cannot practice architecture
• Architects cannot practice civil engineeringArchitects cannot practice civil engineering
• When a Civil Engineer prepares, signs and seals buildingWhen a Civil Engineer prepares, signs and seals building plansplans, he, he
is practicing Civil Engineering, not Architectureis practicing Civil Engineering, not Architecture
• The only law applicable relevant to Civil Engineers isThe only law applicable relevant to Civil Engineers is RA 544RA 544..
• RA 9266 isRA 9266 is irrelevantirrelevant because it affects only the practice ofbecause it affects only the practice of
Architecture, not Civil EngineeringArchitecture, not Civil Engineering
• The Revised IRRThe Revised IRR prevents Civil Engineers from practicing Civilprevents Civil Engineers from practicing Civil
EngineeringEngineering
PRBoA Anotation. When a Civil Engineer (CE) prepares, signs and
seals ARCHITECTURAL plans and designs i.e. the “A” sheets of the
“building plans”, architectural specifications, estimates and
contract documents, he/ she is illegally practicing the SEPARATE
regulated profession of architecture and may therefore become
criminally liable for the illegal practice of architecture under
R.A. No. 9266 (The Architecture Act of 2004). The 2004 Revised
IRR of the 1977 National Building Code of the Philippines or NBCP
(P.D. No. 1096) prevents CEs from practicing architecture because
that is what Philippine law provides. The 2004 Revised IRR of the
1977 National Building Code of the Philippines or NBCP (P.D. No.
1096) is fully consistent with Philippine law.