FOURTEENTH CONGRESS OF THE REPUBLIC) 
8 UrJ 
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OF THE PHILIPPINES 
Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The obligation of licensed engineers to protect the public health and safety has 
long been acknowledged by the State. This responsibility rests with the recognition that 
engineers with their education, training and experiences possess a level of knowledge and 
understanding concerning technical matters which is superior to that of the lay public. It 
also is rooted in the implicit fact that as individuals who are granted a license by the state 
to practice, engineers have a duty to engage in practice which is consistent with the 
interests of the state and its citizenry. 
The proposed bill would ensure that professional engineers may report any 
potentially life-threatening structural deficiencies of which they are aware to appropriate 
government officials without fear of being threatened or sued by the building owners. 
The proposed bill would authorize an engineer, as defined, to disclose, to any 
government official, information regarding a building or structure that the engineer 
believes in good faith may pose a danger to the public health or safety. The bill would 
prohibit a contract between an engineer and a building owner, as defined, from 
containing any provision that would limit or interfere with the engineer's right to provide 
that disclosure and would also prohibit a building owner from threatening, or initiating or 
maintaining legal action against, or otherwise retaliating against an engineer due to that 
disclosure or the engineer's ability to make that disclosure. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
8 
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Second Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
AUTHORIZING ENGINEERS TO DISCLOSE TO ANY 
GOVERNMENTAL OFFICIAL INFORMATION REGARDING A BUILDING OR 
STRUCTURE THAT HE BELIEVES IN GOOD FAITH MAY POSE A DANGER TO 
THE PUBLIC HEALTH OR SAFETY. 
Be it enacted by the Senate and the House of Representutives of the Philippines in 
Congress assembled: 
SECI'ION 1. Short Title. This Act may be known as the "Professional Engineer's 
Disclosure Act". 
SHCI'ION 2. Definilions. For purposes of this Act, the following definitions shall 
apply: 
(a) "Building owner" - means the owner of a building or structure, agents for 
the building owner who manage or lease the building or structure, or any client of 
the engineer who has an ownership or other interest in the building or structure. 
(b) "Engineer" means a civil, structural, electrical, or mechanical engineer 
licensed or authorized to use that title by the Professional Regulatory Commission 
(PRC). 
SIIC'I'ION. 3, Disclosure. Notwithstanding any other provision of law, a licensed 
engineer may disclose to any governmental official information regarding a building or 
structure that he believes in good faith may pose a danger to the public health or safety. 
SECTION 4. Non- proscriplion on Righl to Disclose. A contract between an 
engineer and a building owner shall not contain any provision that would limit or 
otherwise interfere with the engineer's right to disclose pursuant to Section 2 of this Act. 
SECTION 5. Non-liability on Disclosure. A building owner shall not threaten, or 
initiate or maintain legal action against, or otherwise retaliate against an engineer due to 
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the engineer's disclosure or ability to disclose pursuant to Section 2. 
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An engineer shall also not be civilly liable to a building owner because of any 
disclosure made pursuant to Section 2. 
SECTION 6. Non-Liability of Government Personnel. A governmental official 
who receives a disclosure pursuant to Section 2 of this Act shall have the same immunity 
from liability as that applicable under Section 5 of this Act. 
SECTION 7. Penalties. In addition to any other penalties authorized by law, a 
building owner who requires that an engineer enter into a contract that violates Section 4 
of this Act, shall be liable to a fine of not less that Ten Thousand Pesos (PlO,OOO.OO). 
SECTION 8. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved. 
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