" 
' 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. NO. 
2235 
Introduced by SENATOR FERDINAND R. MARCOS, JR. 
;S>Ctlll1r 
l~H";' of til' >m't.r~ 
'14 
MAY ZO P 4 :04 
AN ACT AMENDING SECTIONS 443, 454, 463, AND 477 OF REPUBLIC ACT NO. 7160, 
OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE OF 1991", 
AND FOR OTHER PURPOSES" 
Explanatory Note 
The National Building Code of the Philippines (Presidential Decree No. 
1096) was enacted 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." 
The enforcement and implementation of the Building Code were vested upon 
the Department of Public Works and Highways (DPWH), through the "building 
officials" (Sections 201 and 205, P.O. No. 1096). 
Historically, it was the local engineers-appointees of the local chief 
executives-who were made to "act" as the default building officials within their 
respective territorial jurisdictions. For such special deSignation or acting capacity, 
however, they were mandated by the Building Code to fall under the 
administrative supervision of the DPWH. p.o. No. 1096 provided that the 
designation "shall continue until regular positions of Building Official are 
provided or unless sooner terminated for causes provided by law or decree." 
(Section 205, ibid. [Emphases ours]) 
Then, in 1991, came Republic Act No. 7160, or the Local Government 
Code, which statutorily confirmed with finality what used to be a mere 
temporary designation of the local engineer as concurrent building official, in 
this vein: 
The appointment of an engineer shall be mandatory for the 
provincial, city and municipal governments. The city and municipal 
engineer shall also act as the local building official. (Section 477, R.A. 
No. 7160) 
More than twenty years after the enactment of the Local Government 
Code, local engineers have juggled dual roles, acting as concurrent building 
officials in their respective areas as mandated by the National Building Code. 


" 
But juggling such manifold roles by a singular official proved to be no mean 
feat. The duties of the local engineer outlined in the Local Govemment Code 
are already immense as they are; the additional duties imposed by the National 
Building Code can be too overbearing for local engineers constrained by 
manpower and resources. 
Well-meaning local engineers/building officials have come forward in 
various public hearings of the Senate Committee on Public Works, both 
admitting and lamenting the fact that they could not possibly comply with all 
the duties and responsibilities of their dual positions without much difficulty. In 
fact, several local government units have addressed such an overbearing 
situation by creating, through ordinance, a separate office of the local building 
official. 
Since strict enforcement of and full compliance with the Building Code is 
very crucial if we are to ensure that all our buildings "safeguard life, health, 
property, and public welfare, consistent with the principles of sound 
environmental management and control" (Section 102, ibid.), then Congress' 
should address the organizational inefficiencies in the local government units 
caused by the dual roles being played by the local engineer. Therefore, 
Congress should create a separate office of the local building official, in order 
to justly distribute and transfer to an equally qualified professional the equally 
important responsibilities expected and mandated of the local engineer under 
the National Building Code. In the. process, we shall also streamline and 
harmonize the provisions of the National Building Code and the Local 
Government Code of the Philippines. 
In view of thereof, the passage of this bill is earnestly requested. 
FERDINAND R. MA\COS, JR. 


Senill(' 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
{i}til;'" tlf t~(' c~.'r-r"br~ 
'14 
MAY 20 P 4 :{)4 
SENATE 
RECEIVED fH':-f-
S.B. NO. 
2235 
Introduced by SENATOR FERDINAND R. MARCOS, JR. 
AN ACT AMENDING SECTIONS 443, 454, 463, AND 477 OF REPUBLIC ACT NO. 7160, 
OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE OF 1991 ", 
AND FOR OTHER PURPOSES" 
SECTION 1. Paragraph (a) of Section 443 of Republic Act No. 7160, or the 
"Local Government Code of 1991", is hereby amended to read as follows: 
"Section 443. Officials of the Municipal Government. -
"(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!!], A MUNICIPAL building 
official, a municipal health officer and a municipal civil 
registrar. " 
SEC. 2. Paragraph (a) of Section 454 of Republic Act No. 7160, or the 
"Local Government Code of 1991", is hereby amended to read as follows: 
"Section 454. Officials of the City Government. -
"(a) There shall be in each city a mayor, a vice-mayor, 
sangguniang panlungsod members, a secretary to the 


sangguniang panlungsod, a city treasurer, a city assessor, a 
city accountant. a city budget officer, a city planning and 
development coordinator, a city engineer, A CITY 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," 
SEC. 3. Paragraph (a) of Section 463 of Republic Act No, 7160, or the 
"Local Government Code of 1991 ", is hereby amended to read as follows: 
"Section 463. Officials of th.e Provincial Government, -
"(a) There shall be in each province a governor, a vice-
governor, members of the sangguniang panlalawigan, a 
secretary to the sangguniang panlalawigan, 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," 
SEC. 4. Section 477 of Republic Act No, 7160, or the "Local Government 
Code of 1991", is hereby amended to read as follows: 
"ARTICLE VII. The Engineer AND THE BUILDING OFFICIAL 
"Section 477. Qualifications, Powers and Duties, -
"(a) THE ENGINEER. - No person shall be appointed engineer 
unless he OR SHE is a citizen of the Philippines, a resident of 


the local governrnent unit concerned, of good rnoral 
character, and a licensed civil engineer. He OR SHE 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 engineer shall also act as the local building 
official,] 
"[(b)] The engineer shall take charge of the engineering 
office and shall: 
"( 1 ) Initiate, review and recommend changes in 
policies 
and 
objectives, 
plans 
and 
programs, 
techniques, procedures and practices in infrastructure 
development and public works in general of the local 
government unit concerned; 
"(2) Advise the governor or mayor, as the case may be, 
on infrastructure, public works, and other engineering 
matters; 
"(3) Administer, coordinate, supervise, and control the 
construction, maintenance, improvement, and repair 
of roads, bridges, and other engineering and public 
• 
works projects of the local government unit concerned; 
"(4) 
Provide 
engineering 
services 
to 
the 
local 
government unit concerned, including investigation 
and survey, engineering designs, feasibility studies, and 
project management; 
"(5) In the case of the provincial engineer, exercise 
technical supervision over all engineering offices of 
component cities and municipalities; and 


"(6) Exercise such other powers and perform such other 
duties and functions as may be prescribed by law or 
ordinance. 
"(B) THE 
BUILDING 
OFFICIAL. -
NO PERSON 
SHALL 
BE 
APPOINTED AS A BUILDING OFFICIAL UNLESS HE OR SHE IS A 
FILIPINO CITIZEN, A RESIDENT OF THE LOCAL GOVERNMENT 
UNIT CONCERNED, OF GOOD MORAL CHARACTER, AND A 
LICENSED ARCHITECT OR CIVIL ENGINEER. HE OR SHE MUST BE 
A MEMBER OF GOOD STANDING OF THE DULY ACCREDITED 
PROFESSIONAL ORGANIZATION FOR NOT LESS THAN TWO (2) 
YEARS, AND SHOULD HAVE AT LEAST FIVE (5) YEARS OF 
DIVERSIFIED AND PROFESSIONAL EXPERIENCE IN BUILDING 
DESIGN AND CONSTRUCTION. 
"THE 
APPOINTMENT OF A 
BUILDING OFFICIAL SHALL 
BE 
MANDATORY FOR THE PROVINCIAL, CITY AND MUNICIPAL 
GOVERNMENTS. 
"BUILDING OFFICIALS SHALL BE PRIMARILY RESPONSIBLE FOR 
THE ENFORCEMENT OF THE PROVISIONS OF THE NATIONAL 
BUILDING 
CODE OF 
THE 
PHILIPPINES, 
ITS 
AMENDMENTS, 
REFERRAL CODES, THE IMPLEMENTING RULES AND REGULATIONS 
ISSUED THEREFOR, AND THE ENFORCEMENT OF ORDERS AND 
DECISIONS MADE PURSUANT THERETO, WITHIN THEIR RESPECTIVE 
TERRITORIAL JURISDICTION. 
"EVERY BUILDING OFFICIAL SHALL KEEP A PERMANENT RECORD 
AND ACCURATE ACCOUNT OF ALL FEES AND OTHER CHARGES 
FIXED AND AUTHORIZED TO BE COLLECTED AND RECEIVED 
UNDER THE NATIONAL BUILDING CODE. 
"SUBJECT 
TO 
EXISTING' BUDGETARY, 
ACCOUNTING 
AND 
AUDITING RULES AND REGULATIONS, THE BUILDING OFFICIAL IS 
HEREBY AUTHORIZED TO RETAIN NOT MORE THAN TWENTY 


. 
' . , 
PERCENT (20%) OF THE COLLECTIONS FOR THE OPERATING 
EXPENSES OF THE OFFICE. 
"THE REMAINING EIGHTY PERCENT (80%) SHALL BE DEPOSITED 
WITH THE PROVINCIAL, CITY OR MUNICIPAL TREASURER AND 
SHALL ACCRUE TO THE GENERAL FUND OF THE PROVINCE, CITY 
OR MUNICIPALITY CONCERNED." 
SEC. 5. 
Separability Clause, - The provisions of this Act are hereby 
declared to be separable and if any clause, sentence, provision or section of 
this Act or its application thereof to any person or circumstance should, for any 
reason, be held invalid or unconstitutional, such invalidity or unconstitutionality 
shall not affect the other provisions or application of this Act which can be given 
force and effect. 
SEC. 6. Repealing Clause, - All laws, decrees, charters, executive orders, 
administrative orders, proclamations, rules and regulations, or parts thereof 
insofar as they are inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly, 
SEC. 7. 
Effectivity. - This Act shall take effect fifteen (15) days after 
completion of publication in the Official Gazette or in a newspaper of general 
circulation. 
Approved,