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Nineteenth Congress
First Regular Session
HouseBfflrN.o.     5704
Introduced by:
HON. MARISSA ``DEL MAR" P. MAGSINO
0FW PARTYLIST
EXPI.ANATORY NOTE
Building officials,  as public officers,  have the primary authority and responsibility
to enforce the National Building Code (Presidential Decree No. 1og6) within their respective
jurisdictions.  They  are  in  charge  of conducting  building  inspections  to  determine  if the
construction   complies   with   the   safety   standards   and   regulations,   and   shall   receive
applications, review construction documents and issue permits for the erection, alteration,
demolition and moving of buildings and structures.
Previously, the Secretary of the Department of Public Works and Highways (DPWH)
has designated incumbent Public Works District Engineers,  City Engineers and Municipal
Engineers to act as building officials in their respective areas of jurisdiction pursuant to the
National Building Code of 1977 (NBC).   Then in 1991, Republic Act No. 716o, or the "Ijocal
Government  Code"  (LGC),  was  enacted  providing  for  the  mandatory  appointment  of an
engineer for the provincial,  city and municipal governments.  However, it further provided
that the city and municipal engineers shall also act as the local building officials.
Read  together,  pertinent  provisions  of the  LGC  and  the  NBC  created  a  situation
whereengineersoflocalgovernmentunits(LGUs)jugglewiththedualroleofengineerswith
their responsibilities under the LGC, and as building officials with another set of functions
mandated by the NBC. This dual role of a singular official proved to be too overwhelming for
many engineers  of local government units.  In fact,  some  LGUs have  tried to  remedy the
situation by creating, through      an ordinance, a separate office of the local building official.


The objective of the NBC is to safeguard life,  health, property,  and public welfare,
consistent  with  the  principles  of sound  environmental  management  and  control,  and  to
provide   for   all   buildings   and   structures   a   framework   of  minimum   standards   and
requirements  to  regulate  and  control  their  location,  site,   design  quality  of  materials,
construction, use, occupancy, and maintenance. Since, the strict implementation of the NBC
falls on the shoulder of building officials, it is necessary to create a separate office of the local
building official  in  LGUs  to  relieve local  engineers  of their excess burden,  and allow the
former  (local building officials)  to focus  more on the  implementation of the NBC.  In the
process, we are also able to synchronize the provisions of the NBC and the LGC.
For  the  above  reason,  the  immediate  consideration  and  approval  of this  bill  is
earnestly urged.
#±`sAs#i,#INo
OFW PAVTYLIST


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Nineteenth Congress
First Regular Session
--''        5704
House Bill No.
Introduced by:
HON. MARISSA "DEL MAR" P. MAGSINO
0FW PARTYLIST
AN Aor
PROVIDING FOR MANDATORY APPOINTMENT 0F BUILDING
OFFICIAL IN PROVINCES, CITIES AND MUNICIPALITIES, AMENDING
FOR THE puRpOsE REpuBLlc Aor NO. 7i6O, oTHERwlsE ENowN As
THE LOCAL GOVERNMENT CODE 0F 1991, AS AMENDED
8_3 I:.en?cted by the Senate cnd the House Of Represenlc[tives Of the Republic Of the
Philippines in Cong Tess assembled :
SECTION  1.  Section  443(a)  of Republic Act  No.  716o,  otherwise  known  as  the  `I.ocal
Government Code of 1991', as amended, is hereby amended to read as follows:
Section 443. Of f icials Of the Municipal Goverrmerit. -
(a) There shall be in each municipality a municipal mayor, a municipal vice-mayor,
sangguniang   bayan  members,  a  secretary  to  the  sangguniang   bayan,  a
municipal treasurer, a municipal assessor, a municipal accountant, a municipal
budget officer, a municipal planning and development coordinator, a municipal
engineer+/I A MUNICIPAL building official, a municipal health officer, and a
municipal civil registrar.
(b)  xxxxx
SECTION 2. Section 454(a) of the same Code, as amended, is hereby amended to read as


follows:
Section 454. Of f icials Of the City Governmer[I.
(a)   There  shall be  in  each  city a  mayor,  a vice-mayor,  scmgguni.cmg pcmfungsod
members,  a  secretary to the sarlggu71i.cmg pcmfungsod,  a  city treasurer,  a  city
assessor,   a   city   accountant,   a   city   budget   officer,   a   city   planning   and
development coordinator, a city engineer, A CrlY BUILDING OFFICIAL, a
city health officer, a city civil registrar, a city administrator, a city legal officer, a
city veterinarian, a city social welfare and development officer, and a city general
services officer.
(b)   xxxxx
SECTION  3.  Section 463(a) of the same Code, as amended, is hereby amended to read
as follows:
Sechon 463. O!f f icials Of the Provincial Govemmerit.
(a)   There  shall be  in  each  province  a governor,  a vice-governor,  members  of the
scmgguriang panlalawigcm, a secrcta.ry to the scmgguriang panlalowigan, a
provincial treasurer, a provincial assessor, a provincial accountant, a provincial
engineer,  A  PROVINCIAL  BUILDING  OFFICIAL,  a  provincial  budget
officer,  a  provincial planning and development coordinator,  a provincial legal
officer, a provincial administrator, a provincial health officer, a provincial social
welfare   and   development   officer,   a   provincial   general   services   officer,   a
provincial agriculturist, and a provincial veterinarian.
(b)  XX-
SECTION   4.   Section 477 of the same Code, as amended, is hereby amended to read as
follows :
Sedion 477. Qudif ications , Powers and Duti.es.
(a)  No person shall be appointed engineer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, and a
licensed civil engineer. He must have acquired experience in the practice of his
profession for at least five (5) years in the case of the provincial or city engineer,
and three (3) years in the case of the municipal engineer.
The appointment of an engineer shall be mandatory for the provincial, city and
municipal governments.  [The city and municipal cnginccr shall dso act as the
rd building officidr]
(b) xxxxx


SECTION  5.  A new Article XXII and a new Section 49o-A are hereby incorporated in Title
V of the same Code, as amended, to read as follows:
ARTICLE XXII - THE BUILDING OFFICIAL
SEcrloIN 49o-A. - QUALIFICATloNS, powERS AND DUTIEs - RTo
pERSoN sllALL BE Appon`ITED As BulLDING OFFICIAL UNLESS
HE /  SHE  IS A FILlplNo  CITlzEN, A REslDEr`IT oF THE LoCAL
GOVERNMEI`IT      UNIT      CONCERNED,      OF      COOD      MOEL
cHARAorER, AND A LlcENSED ARCHIThor OR CIVIL ENGINEER.
HE / SHE MUST BE A MEMBER OF COOD STANDING OF THE DULY
ACCREDITED  PROFESSIONAL  ORGANIZATION  FOR  NOT  LESS
THAN TWO  (2) YEARS, AND SHOUID IIAVE AT LEAST FIVE (5)
YEARS  0F  PROFESSIONAL  EXPERIENCE  IN  BUIIDING  DESIGN
AND CONSTRUCTION.
THE   APP0INTMEP`IT   OF   A   BUILDING   OFFICIAL   SHALL   BE
MANDATORY   FOR   THE   PROVINCIAL,   CI'IY  AND   MUNICIPAL
cOVE~ENTS.
THE  BulLDING OFFlclAL  sllAn  BE  pRIMARILy REspONslBLE
FOR THE ENFORCEMEI`IT OF THE PROVISIONS OF THE NATIONAL
BUILDING CODE OF THE PHILIPPINES, AS AMENDED, REFEREE
CODES, THE IMPLEMENTING RULES AND REGUIATI0NS ISSUED
THEREFOR,    AND    THE    ENFORCEMEr`IT    oF    ORDERS    AND
DECISIONS     I`IADE      PURSUAI`IT     THERETO,      WITHIN     THE
TERITOR-
THE BulLDING OFFICIAL SIIAn KEEp A PERMANENT REcoRD
AND ACCURATE ACCOUNT  0F AIL  FEES  AND  CIIARGES  FIXED
AND  AUTIIORIZED  TO  BE  cOLLEorED  AND  RECElvED  UNDER
THE    NATIONAL    BUIIDING    CODE.    SUBJECT    TO    EXISTING
BUDGETARY,     ACCOUNTING     AND     AUDITING     RULES     AND
REGUIATIONS,  THE  BUILDING  0FFICIAI.  IS  AUTHORIZED  TO
RETAIN  NOT  MORE  TIIAN  TVINTy  pERCEr`IT  (Zoo/o)  oF  THE
COLIECTI0NS FOR THE OPERATING EXPENSES 0F THE OFFICE.
THE REI`IAINING EIGIITv pERCEr`IT (8o%) SIIAI.L BE DEpoSITED
WITH THE PROVINCIAL,  CITY 0R MUNICIPAL TREASURER AND
SHAEL ACCRUE T0 THE GENERAL FUND OF THE PROVINCE, CITY
oR MUNIclpALrlT CONCERNED.
SECTION   5.   Separaai.Zirty Clouse - If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.


SECTION 6. Repea[i.ng Clouse. -All laws, decrees, orders, and rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.
SECTION 7. E:ffectt.tJt.fry C[ouse - This Act shall take effect fifteen (15) days after its
complete publication in in a newspaper of general circulation.
Approved.