FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENiT~'79 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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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 engagc 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 witho\lt fear of being threatened or sued by the building owners. 
The proposed bill would authorize an engineer, as defined, to disclose, to any government 
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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" building owner, as defined, from containing any provision that would limit or 
interfere with 1 he 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. 1 
hw-- 4~.~~ '~'¥~;; 
,.ti" MIRIAM DEF~NSOR si\~mf3o 
I This bill was ori,' inally filed in the Fourteenth Congress, Second Regnlar Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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AUTHORIZING ENGINEERS TO DISCLOSE TO ANY 
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GOVERNMENTAL OFFICIAL INFORMATION REGARDING A BUILDING OR 
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STRUCTURE THAT HE BELIEVES IN GOOD FAITH MAY POSE A DANGER TO THE 
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PUBLIC HEALTH OR SAFETY. 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Short Title. This Act may be known as the "Professional Engineer's 
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Disclosure Act". 
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SECTION 2. Definitions. For purposes of this Act, the following definitions shall apply: 
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(a) "Building owner" - means the owner of a building or structure, agents for the 
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building owner who manage or lease the building or structure, or any client of the 
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engineer who has an ownership or other interest in the building or structure. 
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(b) "Engineer" means a civil, structural, electrical, or mechanical engineer licensed or 
authorized to use that title by the Professional Regulatory Commission (PRC). 
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SECTION 3. Disclosure. Notwithstanding any other provision of law, a licensed engineer 
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may disclose to any governmental official information regarding a building or structure that he 
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believes in good faith may pose a danger to the public health or safety. 
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SECTION 4. Non- proscription on Right to Disclose. A contract between an engineer 
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and a building owner shall not contain any provision that would limit or otherwise interfere with 
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the engineer's right to disclose pursuant to Section 2 of this Act. 
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SECTION 5. Non-liability on Disclosure. A building owner shall not threaten, or initiate 
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or maintain legal action against, or otherwise retaliate against an engineer due to the engineer's 
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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 
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made pursuant to Section 2. 
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SECTION 6. Non-Liability of Government Personnel. A governmental official who 
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receives a disclosure pursuant to Section 2 of this Act shall have the ~ame immunity from 
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liability as that applicable under Section 5 of this Act. 
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SECTION 7. Penalties. In addition to any other penalties authorized by law, a building 
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owner who requires that an engineer enter into a contract that violates Section 4 of this Act, shall 
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be liable to a fine of not less that Ten Thousand Pesos (PlO,OOO.OO). 
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SECTION 8. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved. 
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