ENGINEERS OPPOSE PROPOSED LOCAL LAW URGING STRICT ENFORCEMENT OF ARCHITECTURE ACT OF 2004

September 17, 2022 Metro BLISTT

BAGUIO CITY – The civil engineers here have expressed opposition to a proposed local law seeking the strict implementation of Republic Act No. 9266 otherwise known as the Architecture Act of 2004. The Philippine Institute of Civil Engineers (PICE) – Baguio Chapter took issue with the proposed ordinance, asserting that it would “adversely affect and curtail” the practice of civil engineering which is mandated
by Republic Act 544 otherwise known as the Civil Engineering Law.

Under RA 544 and Presidential Decree No. 1096, civil engineers are allowed to sign and seal architectural
documents. PICE-Baguio Chapter stressed that the issue as to whether or not the design plans and/or other pertinent documents should only be prepared, signed, and sealed by architects to the exclusion of
civil engineers is a legal case and is now pending before the Supreme Court (SC) The PICE-Baguio Chapter reminded the city council that the case which is pending before the SC is bound by the sub judice rule which “restricts comments and disclosures pertaining to pending judicial proceedings to avoid prejudging the issues, influencing the court, or obstructing the administration of justice.”

Furthermore, The PICEBaguio Chapter reminded the city council that the case which is pending before the SC is bound by the sub judice rule which “restricts comments and disclosures pertaining to pending judicial proceedings to avoid prejudging the issues, influencing the court, or obstructing the administration of justice.” On January 5, 2012, the Court of Appeals (CA) decided in favor of civil engineers regarding their rights under RA 544. The Court ruled that civil engineers have the right to prepare, sign, and seal
architectural plans and specifications for submission to Building Officials as provided for under RA 544 and
Presidential Decree No. 1096.

The proposed ordinance authored by Councilors Ma. Mylen Victoria Yaranon and Betty Lourdes Tabanda, if and when approved, would mandate the City Buildings and Architecture (CBAO), the City Engineering Office (CEO), and the City Human Resource Management Office (CHRMO) to strictly implement the provisions of RA 9266. According to the proposed ordinance, the practice of architecture shall be
the exclusive domain of a licensed architect and that all architectural plans, documents, and appurtenant papers which serve as ancillary requirements for the approval of a local building permit shall be prepared and signed only by licensed architects in compliance with RA 9266.

Tabanda, co-author of the proposed ordinance, said the best thing to do at present is to suspend the approval of the proposed city ordinance. “As a lawyer, I would say that prudence dictates that we await the decision of the Supreme Court. In the meantime, we will have to abide by the order of the National Building Code Development Office. Let us not put the CBAO in a precarious condition,” Tabanda expressed.
Councilor Peter Fianza for his part asserted that there is no need to pass such an ordinance considering that any national law in itself can be implemented without the enactment of a local law.

Sangguniang Panlungsod/Jordan Habbiling/ABN