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,
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
23 JI\N-5 P12-03
S. No.
SENATE
1638
received 8.
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
CREATING THE OFFICE OF THE BUILDING OFFICIAL IN ALL PROVINCES, 
CITIES AND MUNICIPALITIES AND AMENDING SECTIONS 443, 454, AND 
477 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS ”THE LOCAL 
GOVERNMENT CODE OF 1991" AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Local Government Code requires for the appointment of an engineer for 
the provincial, city, and municipal governments. The city and municipal engineer shall 
also act as the local building official, by virtue of Section 477 of the Local Government 
Code.1
This provision has placed engineers to perform dual functions that are affecting 
their performances both as locai engineers as stipulated in the Local Government 
Code, and likewise perform the mandates of the National Building Code as building 
officiais.
Some highly urbanized cities have created and established their respective 
offices of the City Building Official separate from the Office of the City Engineer. It is 
a welcome opportunity for other local government units to likewise move towards this 
direction.
It must be noted that the Local Government Code is already thirty-one (31) 
years old and many developments not only in the highly urbanized cities but aiso in
1 Section 477 of the Local Government Code


other local government units. With the continuing desire of every iocal government to 
improve its land use plan and to safeguard life, heaith, property and welfare, 
consistent with the mandate of the National Building Code, Congress has to address 
the issue of the dual functions of local engineers.
Furthermore, in a recent case decided by the Supreme Court, it enunciated that 
"while city or municipal engineers shall also act as local building officials of their 
respective cities or municipalities, it is still within the legislative discretion of city or 
municipal government to create and organize the office of the local building official 
separate and distinct from the office of the city engineer".2
Therefore, tt is only but necessary that the Local Government Code be 
amended to include a provision for the creation of the Office of the Building Official in 
every local government. In this way, there will be proper streamlining of functions in 
the bureaucracy and harmonization of the provisions of National Building Code and 
the Local Government Code.
It is fervently hoped for the immediate consideration and passage of this bill.
JOSEPH VICTOR G. EJERCITO
2 Bernardez V. The City Government of Baguio, G.R. No. 197559, March 21, 2022.


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
!• 
^ ,1 
I
of flic ;?> i • '.'tn-j*
23 JAN-5 P12:03
SENATE
s. No. 1G38
RtCEIVcDO
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
CREATING THE OFFICE OF THE BUILDING OFFICIAL IN ALL PROVINCES, 
CITIES AND MUNICIPALITIES AND AMENDING SECTIONS 443, 454, AND 
477 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS "THE LOCAL 
GOVERNMENT CODE OF 1991" AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines, in 
Congress assembled:
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SECTION 1. Paragraph (a) of Section 443 of Republic Act No. 7160, or the
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"Local Government Code of 1991," is hereby amended to read as follows:
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"Section 443. Officials of the Municipal Government - (a) There shall be
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in each municipality a municipal mayor, a municipal vice mayor,
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sangguniang bayan members, a secretary to the sangguniang bayan, a
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municipal treasurer, a municipal assessor, a municipal accountant, a
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municipal budget officer, a municipal planning and development
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coordinator, a municipal engineer, [/], A MUNICIPAL BUILDING
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OFFICIAL, a municipal health officer and a municipal city registrar."
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SEC. 2. Paragraph (a) of Section 454 of Republic Act No. 7160, or the "Local
11 
Government Code of 1991," is hereby amended to read as follows:
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"Section 454. Officials of the City Government - (a) There shall be in
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each city a mayor, a vice mayor, sangguniang panlungsod members, a
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secretary to the sangguniang panlungsod, a city treasurer, a city
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assessor, a city accountant, a city budget officer, a city planning and
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development coordinator, a city engineer, A CITY BUILDING


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OFFICIAL, a city health officer, a city administrator, a city legal officer, 
a city civil registrar, 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 the 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, and."
SEC. 4. Section 447 of RA No. 7160, 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 
government unit concerned, of good moral character, and a 
licensed civil engineer. He OR SHE must have acquired 
experience in the practice of his or her 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-j
[(b)] The engineer shall take charge of the engineering office and shall:


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(1) 
Initiate, review and recommend charges in poiicies and 
objectives, plans and programs, techniques, procedures 
and practices in infrastructure development and public 
works in general of the local government unit concern;
(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 pubiic works 
and projects of the local government unit concerned;
(4) 
Provide engineering service to the local government unit 
concerned, including investigation and survey, engineering 
design, 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 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 IN 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.
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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.
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EVERY BUILDING OFFICIAL SHALL KEEP A PERMANENT
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RECORD AND ACCURATE ACCOUNT OF ALL FEES AND OTHER
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CHARGES FIXED AND AUTHORIZED TO BE COLLECTED AND
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RECEIVED UNDER THE NATIONAL BUILDING CODE.
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SUBJECT TO EXISTING BUDGETARY, ACCOUNTING AND
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AUDITING RULES AND REGULATIONS, THE BUILDING
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OFFICIAL IS HEREBY AUTHORIZED TO RETAIN NOT MORE
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THAN TWENTY PERCENT (20%) OF THE COLLECTIONS FOR THE
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OPERATING EXPENSES OF THE OFFICE.
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THE REMAINING EIGHTY PERCENT (80%) SHALL BE
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DEPOSITED WITH THE PROVINCIAL, CITY OR MUNICIPAL
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TREASURER AND SHALL ACCRUE TO THE GENERAL FUND OF
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THE PROVINCE, CITY OR MUNICIPALITY CONCERNED.
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SEC. 5 Separability Clause. The provisions of this Act are hereby declared to
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be separable and if any clause, sentence, provision, or section of this Act or its
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application thereof to any person or circumstance should, for any reason, be held
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invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
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other provisions or appiication of this Act and shall continue to be in full force and
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effect.


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SEC. 6. Repealing Clause. All laws, decrees, executive orders, proclamation, 
rules or regulations, and other issuances, or parts thereof which are inconsistent with 
the provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC. 7. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,