Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

Houle Bill No._ 5437

Introduced by Representatives Mariano Michael M. Velarde Jr. and William Lwin
ieng (BUHAY Party List)

EXPLANATORY NOTE

‘The recent earthquakes all over the world, more particularly those that occurred in

Pakistan, Haiti, and China, caused the collapse of several schoo} buildings thereby
killing thousands of students.

Having several faults and being located in the Pacific Ring of Fire, the Philippines
should be gearing up for what is inevitable. OF course, the concerned government
agencies must ensure that all the buildings and structures in our country are
structurally sound through compliance with various building and construction laws.
But special attention must be given to school buildings, not only for the reason that the
people who stand to be victimized by an earthquake are mostly helpless children, but
also because the great majority of these buildings belong to public schools which we
very well know are ordinarily old and dilapidated.

Significantly, the Department of Education, in 2010, reported that about 671 school
buildings out of 779 were inspected and were found to have structural defects and, at

Present, there are 45,625 elementary and high schools across the country, 752 of which
are in the NCR region.

In this light, it is imperative for the State to take immediate action to institutionalize the
inspection of all school buildings to assess their safety during an earthquake, ot any
other calamity for that matter. Otherwise, we risk suffering another Christian College
tragedy which killed 250 teachers and students during the big quake on July 16, 1990.

estly requested.

ju. Mariano Michael M. Velarde Jr.

William Irwin,Tieng
JHA}


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No._5437

Introduced by Representatives Mariano Michael M. Velarde Je. and William Irwin
Tieng (BUHAY Party List)

AN ACT PROVIDING FOR MANDATORY ANNUAL INSPECTION OF ALL PUBLIC
AND PRIVATE SCHOOL BUILDINGS BY THE CITY OR MUNICIPAL ENGINEER OR
BUILDING OFFICIAL AND FOR OTHER RELATED PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This law shall be known as the "School Building Safety Act of
2011".

SEC. 2. Declaration of Policy. - It is hereby declared that it is the policy of the State to
ensure the safety, security, suitability and structural integrity of each and every school
building in the country at the beginning of each school year to ensure that the same arc
safe, secure, appropriate and suitable for the use of school children.

SEC. 3. Mandatory Annual Inspection. - It shall be the principal duty of the City
Engineer or the Municipal Engineer and/or the Building Official of each and every the
City or Municipality in the country to conduct an annual inspection of all school
buildings, whether private or public, within their territorial jurisdiction at least forty-
five (45) days prior to the start of each and every school year. The purpose of such
inspection shall be to ensure the safety, security, suitability and structural integrity all
school buildings for use by school children and/or students for the purpose or
purposes for which the same are intended.

SEC. 4. Report. - Within three (3) days after the inspection, the City or Municipal
Enginger or Building Official shall render a comprehensive report disclosing his
findings and recommendations for each and every school building inspected which
should cover the following matters, to wit:

{a) The structural integrity of the building and its fitness to be used for the purpose/s it
is intended, including its capacity to accommodate the number of students or Persons
intended use the same, including the capacity of the building to withstand earthquakes
and typhoons and similar natural occurrences; and

(b) The level of suitability and/or safety of the building for use by school children
and/or students taking into account the availability of sufficient comfort rooms, proper

ventilation and lighting, garbage disposal facilities, fire safety equipment, etc ;


(c) The repairs, improvements, renovations and/or changes recommended by the City
or Municipal Engineer or Building Official to address noted defects and/or deficiencies
to ensure the safety, suitability and/or structural integrity of the building for the use of
school children and/or students;

‘The report shalt also make a determination of whether or not the building is suitable for
use by school children or students for the purpose it is intended during the upcoming
school year.

The report shall be addressed to the City or Municipal Mayor, copy furnished the local
Superintendent of Schools, the Principal of the school concerned, the local Department
of Education (DepEd) or Commission on Higher Education (CHED) offices as well as
the Sangguniang Panlungsod or Sangguniang Bayan and Sangguniang Panlalawigan.

SEC. 5. Defects and Deficiencies. - In case defects and/or deficiencies are noted or
reported by the City or Municipal Engineer or the Building Official, it shall be the duty
of the Principal of the school as well as the local DepEd and/or CHED officials
concerned to take the appropriate action to ensure that the defects and/or deficiencies
noted and/or reported are properly addressed, corrected, repaired and/or rectified at
the soonest time possible and before the beginning of the school year.

On the other hand, it shall be the duty of the City or Municipal Mayor to oversee that
the said defects and/or deficiencies are corrected, repaired and/or rectified before the
beginning of the school year.

SEC. 6. Unsuitable, Unfit or Unsafe Buildings. - In case the City or Municipal Engineer
or the Building Officials has made a determination that a school building is unsuitable,
unfit or unsafe for use by school children or students, the same shall not be used until
after the necessary repair work has been undertaken and completed and until the same
has received the approval of the City or Municipal Engineer after re-inspection.

In such a case, it shall be the duty of the Principal concerned, together with the City or
Municipal Mayor, the local DepEd and/or CHED officials and/or the owners of the
school in case of private schools to look for another suitable building for the temporary
use of the affected school children and/or students.

SEC. 7. Highest Priority. - Considering the public interest involved, the annual
inspection of all school buildings located within their territorial jurisdiction shall be the
highest priority of City or Municipal Engineers and/or Building Officials except in case
of calamities and/or local or national emergencies ffild disasters. Failure of a City or
Municipal Engineer or Building Official to undertake the annual inspection mandated
by this Act shall constitute dereliction of duty and may be a basis for removal from
office of the City or Municipal Engineer or Building Official concerned.

The DepEd, CHED and Concerned local government unit/s and/or private institutions
and individuals concerned are required to give the highest budgetary priority to the
repairs and/or rectification of defects and deficiencies noted and reported in the Report
issued pursuant to Section 4 hereof.

SEC. 8. Penal Provisions. - Any person who refuses to act on the report and/or
reconunendations of the City or Municipal Engineer or Building Official rendered
Pursuant to Section 4 of this Act shall suffer a penalty of Six (6) months to two (2) years
of imprisonment and/or a fine from Ten Thousand Pesos (P10,000.00) to One Hundred

2


Thousand Pesos (P100,000.00) or both, at the discretion of the Court plus perpetual
disqualification from holding public office.

SEC. 9. Severability Clause. - If any provision of this Act or the applicability of such
provision to any person or circumstance shall be held invalid, the validity of the other
Provisions of this Act and the applicability of such provisions to other petsons or
circumstances shall not be affected thereby.

SEC. 10. Repealing Clause. - All laws, executive issuances, orders and rules and
tegulations contrary to or inconsistent with this Act, or any part thereof, are hereby
repealed, amended and/or modified accordingly.

SEC. 11. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
Publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

raved, \
Cu M. Velarde Jr.

Hor@William Irwin Tieng
(BURLAY #