OUST OF REPRESE!

HOUSE OF REPRESENTATIVES UG 2016

Quezon City — AT
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SEVENTEENTH CONGRES: BY:

Republic of the Philippines RECEIVED
DaTe:

REGISTRATION UNIT

First Regular Session
BILLS AND INDEX SERVICE

House Bill No.

Introduced by Representative Emi Calixto-Rubiano

Explanatory Note

The Philippines having several faults and being located in the Pacific Ring of Fire,
should be gearing up for what is inevitable. The concerned government agencies
must ensure that all the buildings and structures in our country are ELECTRICALLY
and STRUCTURALLY sound through compliance with various building and
construction laws.

Special attention though 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 generally deficient in proper maintenance.

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, or
any other calamity for that matter. Otherwise, we risk suffering another Christian
College tragedy which killed 258 teachers and students during the big quake on July
16, 1990.

This proposed bill is a re-filed measure from the 16" Congress.

Hence, the approval of this bill is earnestly requested.

EMI CALIXTO-RUBIANO

Representative
Lone District of Pasay City



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

House Bill No._2350

Introduced by Representative Emi Calixto-Rubiano

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

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

Section 1. Short title. This Act shall be known as the “School Building
Safety Act of 2016”.

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

Section 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 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, electrical and structural
integrity all school buildings for use by school children and/or students for the
purpose/s for which the same are intended.

Section 4. Report. Within three (3) days after the inspection, the City of
Municipal Engineer 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 electrical and structural integrity of the building and its fitness to be
used for the purposels it is intended, including its capacity to accommodate the
number of students or persons, and the building's capacity 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
fooms, 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 or Building Official to address noted defects and/or
deficiencies to ensure the safety, suitability and/or electrical and structural integrity of
the building for the use of school children and/or students;

The report shall 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.

Section 5, Defects and Deficiencies. In case defects andlor 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.

Section 6. Unsuitable, Unfit or Unsafe Buildings. In case the City or the
Municipal Engineer and/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 case, it shall be the duty of the Principal concerned, together with the City or
the Municiapal 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.

Section 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 Engineer and/or Building Officials
except in case of calamities and/or local or national emergencies and/or disasters
Failure of a City or Municipal Engineer and/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 and/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
fepairs and/or rectification of defects and deficiencies noted and reported in the
Report issued pursuant to Section 4 hereof.

Section 8. Penal Provisions. Any person who refuses to act on the report
and/or recommendations of the City or Municipal Engineer or Building Official
fendered 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 Thousand Pesos (P100,000.00) or both, at the discretion of the
Court plus perpetual disqualification from holding public office.

Section 9. Separability Clause. \f any provisions 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 persons or circumstances shall not be affected thereby.

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

Section 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.

Approved,