Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4615

House Bill No.

Introduced by: Rep. Josephine Y. Ramirez-Sato

EXPLANATORY NOTE.

There are currently 1,652 local government units (LGUs) nationwide, mainly
comprised of 38 cities and 1,514 municipalities. Under Sections 205 and 206 of P.D. No. 1096,
otherwise known as the 1977 National Building Code of the Philippines (NBCP), all of these
LGUs must have Building Officials to head the respective Offices of the Building Official
(©BOs).

While the 1991 enactment into law of Republic Act (R.A.) No. 7160, otherwise known,
as the Local Government Code of 1991, was a most welcome development, its Section 477,
concerning the interim appointment of City and Municipal Engineers (CMEs) to serve as the
LGU Acting Building Officials (ABOs) eventually caused a major problem for the natural
and built environments and for the parallel implementation and enforcement of physical
planning and building laws, as well as professional regulatory laws (PRLs). One reason for
this situation is that CMEs are academically trained and later tested by the State mainly for
the horizontal components of the built environment e.g, roads, bridges, flood control, ete.,
and not actually for the vertical components of the built environment e.g. buildings and
habitable structures, which is the expertise and domain of architects.

In consideration of the then exigencies 21 years ago, Sec. 477 of R.A. No. 7160
allowed the LGU CMEs to assume simultaneous jurisdiction over both horizontal and
vertical infrastructures/ projects within their LGUs,

The first portion of Sec, 477 of R.A. No. 7160 (The Local Government Code of 1991)
presently reads as follows:

477. Qualifications, Powers and Duties. - (a) No person shall be appointed
engineer unless he is a citizen of the Philippines, a resident of the local government
unit concermed, 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
local building official.”

the city and municipal engineer shall also act as the

‘As such, the CMEs were largely unable to focus on their primary tasks dealing with
horizontal infrastructure such as road rights-of-way/ RROWs (including. sidewalks),
bridges, flood control, sewage collection and disposal, water supply, solid waste
management, general civil works, traffic management, subdivision development (mainly
horizontal components), mass housing, management of informal settlements, among a host
of other functions. Being largely unqualified for reviewing and approving building plans,
particularly architectural, site development and allied plans and designs, such CMEs
eventually became an active party, apparently wittingly or unwittingly, to the damage
continually wrought upon both the natural and built environments,

More than twenty (20) years after the R.A, No, 7160's passage, the result of
appointing CMEs to the position of ABOs, has become all too apparent, The situation has
been largely disappointing, with the quality of both horizontal and vertical works
nationwide at such a dismal state, exacerbated by the apparently continuing and willful
violations by/ through such CMEs as ABOs, of valid and subsisting laws such as P.D. No.
1096 itself, the National Building Code of the Philippines (NBCP), which the very same
ABOs were supposed to directly implement and enforce, R.A. No. 9514 and its predecessor
law P.D. No. 1185, otherwise known as the Fire Code of the Philippines, B.P. No. 34, the
Law on Accessibility for the Disabled, P.D. No. 856, otherwise known as The Code on
Sanitation, P.D. No. 1067, otherwise known as the Water Code of the Philippines, various
environmental laws, and even the various PRLs such as R.A. No. 9266, otherwise known as
The Architecture Act of 2004, and their latest implementing rules and regulations (IRRs) and
derivative regulations (DRs), among others

On the other hand, Sec. 35 of R.A. No. 9266 (The Architecture Act of 2004) mandates
that within (3) years from the effectivity of said law i.e, 10 April 2007, all existing and
proposed positions in the local and national government, whether career, permanent,
temporary or contractual and primarily requiring, the services of an architect shalll be filled
only by registered and licensed architects (RLAS), of which there are already about 14,500
(out of about 32,000 registered architects/ RAs who passed the only State licensure
examination that is 100% about the physical planning and design of buildings and their
grounds). One such position in Government requiring the services of RLAs is the position of
LGU Building Official, which to date is substantially occupied by MCEs (performing a
relatively unchecked dual role of exercising jurisdiction over both horizontal and vertical
infrastructure).

Similarly, Section 206.2 of P.D. No. 1096 clearly states that a duly registered architect
or civil engineer shall be appointed as a Building Official, placing the premium on a duly
registered architect as the primary professional to be selected for the position by virtue of
their superior training and State-tested qualifications relating, to the physical planning and
design of buildings and grounds, with the civil engineer only as an alternate choice for the
position,

Lastly, CMEs have been occupying the post of ABOs only in an acting capacity for
the last thirty six (36) years and now have to relinquish the post to a more qualified
registered and licensed professional (RLP) so that the CMEs will have more time to carry out
their actual duties commensurate with their actual expertise,



This bill seeks to install only capable and duly-qualified registered and licensed
professionals (RLPs) such as architects and civil engineers (other than CMEs) to help enable
the country to somehow turn back the extensive damage brought upon the natural and built
environments, again, largely occasioned by the apparently witting or unwitting, acts of said
CMEs who may have been unduly appointed as ABOs over the last thirty six (36) years.

The approval of this bill is urgently requested,

HON. J
Lone


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

INTHCONGRESS,
First Regular Session

4615

House Bill No:

Introduced by: Rep. Josephine Y. Ramirez-Sato

AN ACT MANDATING THE APPOINTMENT OF REGISTERED AND LI
ARCHITECTS OR CIVIL ENGINEERS OTHER THAN CITY/ MUNICIPAL ENGINEEI
(CME) AS LOCAL BUILDING OFFICIALS IN THE PHILIPPINES, AMENDING FOR THE
PURPOSE SECTION 477 OF REPUBLIC ACT NO, 7160, OTHERWISE KNOWN AS THE
"LOCAL GOVERNMENT CODE OF 1991”, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOS!

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

Section 1. Title, - This Act shall be known as the "The Building Official Act’.

Section 2, Declaration of Policy. - The State recognizes the important role of the
Building Officials in nation-building. Towards this end, the State shall install Building
Officials, whose technical competencies have been determined by credible licensure
examinations that is focused on the planning and design of buildings and their grounds,
whose standards of professional service and practice and adherence to the rule of law are
nationally recognized, brought about by a regulatory environment, programs and activities
that foster their professional growth and advancement and their official and civic
responsibility to safeguard the natural and built environments,

Section 3, Objectives, - This Act s
insofar a
Acting B

all expressly amend Sec. 477 of R.A. No, 7160
the appointment of Municipal and City Engineers (CMEs) to the position of
ing Official (ABO) is concerned,

Sec. 477 of R.A. No. 7160 is hereby amended to read as follows:

SEC. 477, Qualifications, Powers and Duties. - (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, In no case
shall the city and municipal engineer simultaneously act nor serve as the local
building official.

Section 4. Coverage, This Act shall specifically provide for and govern the
appointment of registered and licensed architects (RLAs) or civil engineers (CEs) other than
CMEs as local (LGU) Building Officials (BOs) by the duly-designated National Building,
Official (NBO) in full accordance with law.

Section 5. Definition of Terms. - For the purpose of this Act, the following terms are
hereby defined:

4) Derivative Regulations (DR) - executive issuances by the national and local
Governments which detail the implementing rules and regulations (IRRs) of
valid and subsisting laws, thus completing the stream of State and local
regulations, and which may take the form of, but not be limited to Executive
Orders (EOs), Administrative Orders (AOs), Department Orders (DOs),
Memorandum Circulars (MCs), Letters of Instruction (LOIs), Presidential
Proclamations (PPs), Guidelines, Standards, Manuals of Procedure, and the
like, whereby the pertinent special or general law shalll be the primary legal
basis for such issuances;

b) Office of the Building Official (OBO) - an office forming part of the local
government unit (LGU) but which is under the direct supervision and
administrative control of the National Building Official (NBO), and whose
primarily role shall be the full implementation and enforcement of the
National Building Code of the Philippines (NBCP) and its various referral
codes (RC) at the LGU level, as well as the various laws that concern the
natural and built environments, site and property developments, building,
and grounds construction and the various professional regulatory laws
(PRLs);

©) National Building Code of the Philippines (NBCP) - the law on the physical
planning and design of buildings and their grounds/ sites;

d) Building Official (BO) - refers to a natural person defined under the NBCP
tasked with it full implementation and enforcement at the LGU level;

e) National Building Official (NBO) - refers to a natural person defined under
the NBCP tasked with it full implementation and enforcement at the national
level;

f) Referral Codes (RC) - are laws or regulations that are in direct support of the
NBCP, consisting of but not limited to the following laws, codes or their
successor laws/ codes:


(1) R.A. No, 9514, otherwise known as the Fire Code of the Philippines
(FCP) of 2008 and its latest implementing rules and regulations
(IRR) and derivative regulations (DRs);

(2)

i)

(4)

(5)

¢6)

(7)
(f8)

i)

(10)

(an)

(f12)

(13)

(14)

B.P. No. 344, An Act to Enhance the Mobility of Disabled Persons by
Requiring Certain Buildings, Institutions, Establishments and Public
Utilities to Install Facilities and Other Devices, and its latest IRR and
DRs;

Latest versions of the Architectural Code of the Philippines
and its DRs

Latest versions of the Structural Code of the Philippines and its
DRs

Latest versions of the Electrical Code of the Philippines and its
DRs;

Latest versions of the Mechanical Code of the Philippines and
its DRs;

P.D. No. 856, Code on Sanitation and its latest IRR and DRs;

P.D. No, 1067, A 1976 Presidential Decree Instituting a Water
Code, Thereby Revising and Consolidating the Laws
Governing the Ownership, Appropriation, Utilization,
Exploitation, Development, Conservation and Protection of
Water Resources, otherwise known as The Water Code of the
Philippines, and its latest IRR and DRs;

R.A. No. 9275, The Philippine Clean Water Act of 2004, and its
latest IRR and DRs;

R.A. No. 9003, The Ecological Solid Waste Management Act of
2000, and its latest IRR and DRs;

R.A. No. 8749, The Philippine Clean Air Act of 1999 and its
latest IRR and DRs;

P.D. No. 1586, Establishing an Environmental Impact
Statement System, Including Other — Environmental
Management Related Measures and for Other Purposes, and
its latest IRR and DRs;

R.A. No. 9729, The Climate Change Act of 2009;

R.A. No, 10121, The Philippine Disaster Risk Reduction and
Management Act of 2010;


((15) R.A. No. 10066, the National Cultural Heritage Act of 2009;

and

(£16) the various Professional Regulatory Laws (PRLs) such as R.A.
No. 9266 (The Architecture Act of 2004), R.A. No. 544 (The
Civil Engineering Law of 1950, as amended by R.A. No. 1582
in 1956), etc., including R.A. No, 8981, otherwise known as the
Professional Regulation Commission (PRC) Modernization Act
of 2000, and their latest IRR and DRs,

Section 6. Primary Responsibilities of the LGU Building, Official (BO). For the
purpose of this Act, the following are hereby defined as the primary responsibilities of the
BO:

a) always ensure the validity and currency of his/her certificate and license to
practice a State regulated profession relating to the planning and design of
buildings and their grounds;

b) undertake continuing professional development/ education (CPD/E) to
upgrade his/her stock knowledge or skillsets;

©) implement and enforce Derivative Regulations (DR) when not in conflict with
national law or Stale policy ;

d) fully implement and enforce the National Building Code of the Philippines
(NBCP), the law on the planning and design of buildings and their grounds/
sites;

e) together with the duly-qualified staff of the Office of the Building officials
(OBO), cause the acceptance, process, review and approval of the architectural,
engineering and allied plans, designs, specifications and related contract
documents for a building and/or structure and its site/ grounds development,
whether new or rehabilitated/ renovated/ expanded/ retrofitted, including
the building/ structure contents such as furniture, furnishings, fixtures,
equipment, signage and décor items, to attain full compliance with valid and
subsisting laws on physical planning, the natural and built environments,
buildings, land and property development, building and grounds construction
and professional regulation;

J) implement and enforce the referral codes (RC), which are laws or regulations
that are in direct support of the NBCP; and

g) perform such other duties and responsibilities under the NBCP or as
mandated by law.

Section 7. Transitory Provisions. Within six (3) months from the effectivity of the IRR
of this Act, all positions of Building Official (BO) in the LGUs shall be filled only by duly-
qualified registered and licensed architects (RLAs) duly appointed by the National Building,
Official (NBO).


When no RLAs are available for the position, a registered and licensed civil engineer
(RLCE), other than the Municipal or City Engineer (MCEs) may be appointed by the NBO to
said position and occupy the same until a RLA becomes available for the position.

If no BO is appointed in a non-complying, LGU, the position must be left vacant and
the concerned LGU must secure building permits from the nearest LGU with a BO. The
building permit and related fees shall therefore be shared, with seventy-five percent (75%)
going to the permit-issuing LGU OBO and twenty five percent (25%) going to the original
receiving LGU without a BO.

Failure to comply with the foregoing shall subject such Acting, Building Officials/
Building Officials to administrative charges or special complaints at the Office of the
Ombudsman that may be filed by other public or private entities. Should the DPWH and
DILG fail to require and monitor the respective compliances thereto, the responsible officials
of said agencies shall be impleaded in the administrative or special complaint/s.

Section 8. Sanctions, Any person, natural or juridical, local or foreign, who
unjustifiably refuses or fails to comply with this Act shall be imposed a fine of not less than
One Hundred thousand pesos (Php100,000.00) but not more than ‘Three hundred thousand
pesos (Php300,000.00) on the first offense.

On the second offense, a fine of not less than Three hundred thousand pesos
(Php300,000,00) but not more than Five hundred thousand pesos (Php300,000.00).

On the third offense, a fine of not less than Five hundred thousand pesos
(Php500,000,00) but not more than One million pesos (Php1,000,000.00) and the cancellation
or revocation of the applicable Government-issued permits or licenses to operate.

Heads, officials and employees of government institutions who violate this Act shall
further be subject to the following administrative penalties:

a) First offense - Automatic Suspension for one (1) to thirty (30) days reckoned
from the filing of a verified complaint for violation of this Act;

b) Second offense - Suspension for from thirty (30) to one hundred and eighty
(180) days reckoned from the filing of a verified complaint for violation of this
Act; and

©) Third offense - Summary Dismissal from service reckoned from the filing of a
verified complaint for violation of this Act.

‘The foregoing shall be without prejudice to other liabilities applicable under civil
service law and rules

Section 9. Funding. Inasmuch as the Office of the Building Official (OBO) and the
Building Official (BO) are neither an office nor an official of the LGU, the funds generated by
such an office/ official in relation to the performance of their official function, shall accrue
directly to the OBO, which shall reimburse the LGU for the services, physical facilities or
consumables furnished by the LGU, In the event of shortfalls in the operating budget of the
OBO, these shall be covered by appropriated funds coming from the Department from
which the NBO shall come.



Section 10. Separability Clause, - If any clause, provision, paragraph or part hereof
shall be declared unconstitutional or invalid, such judgment shail not affect, invalidate or
impair any other part hereof, but such judgment shall be merely confined to the clause,
provision, paragraph or part directly involved in the controversy in which such judgment
has been rendered,

Section 11. Repealing Clause, ~ The portions of Sec. 477 of R.A. No. 7160 and of Se
205 and 206 of P.D. No. 1096, which are inconsistent with this Act, are hereby expres
amended. All other laws, decrees, executive orders and administrative issuances and parts
thereof which are inconsistent with the provisions of this Act are hereby modified,
superseded or repealed accordingly.

Section 12, Effectivity. - This Act shall take effect-fifteen (15) days following its
complete publication in the Officials Gazette or in at least two (2) newspapers of general
circulation

Approved,