The NCCA in collaboration with the DPWH
and the
Architecture Advocacy International Foundation, Inc.
email address : architecture.advocacy@gmail.com
front cover of the 2016 NBCP : Illustrated data compact disc (CD) case
APPENDICES
The 2016 NBCP : Illustrated Project
FOR VERTICAL INFRASTRUCTURE PROJECTS
A GENERAL PUBLIC-PRIVATE REFERENCE CONTAINING GRAPHIC INTERPRETATIONS OF
THE 2004 REVISED IMPLEMENTING RULES AND REGULATIONS (IRR) AND OF
THE 2007 ADDITIONAL RULES AND REGULATIONS (ARR) OF P.D. NO. 1096,
THE 1977 NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP)
28 June 2019
The National Commission for Culture and the Arts
(NCCA),
the Department of Public Works & Highways
(DPWH)
and the
Architecture Advocacy International Foundation, Inc.
email address : architecture.advocacy@gmail.com
are the Joint Owners of this publication
i.e. the 208-page APPENDICES Volume of the 2019 second (2nd) hardcopy edition of
the 2016 National Building Code of the Philippines (NBCP) : Illustrated Project (a
stand-alone and supplementary reference document).
While the AAIF holds the original copyright (being the source of the document content),
such is voluntarily shared with the NCCA and the DPWH for purposes of proactive
public dissemination, discourse, interpretation and usage (for physical planning, design,
construction and facility administration of buildings/ structures and their grounds).
As this document is for public use, information, dissemination and consumption (in the
same manner as its data compact disc version was designed to serve), the intended
users of this document and the general public are only requested to make the proper
attribution (i.e. credits or citations) whenever any material from this document is cited,
copied or used for whatever legal purpose the same may serve.
As original copyright holder, the AAIF retains the right to amend, rectify, update the
contents at any time or as necessary to help promote a better public-private appreciation
of the document and of its bases, P.D. No. 1096, the 1977 National Building Code of the
Philippines (NBCP) and its stream of regulations (SoR), not limited to its 2004 Revised
Implementing Rules and Regulations (IRR) and its 2007 Additional Rules and
Regulations (ARR) on non-mobile billboards (NMBs), and related laws and regulations.
The AAIF is the Publisher of this document entitled the
2016 NBCP : Illustrated, second (2nd) edition APPENDICES Volume (a stand-alone
and supplementary reference document), dated 28 June 2019
at 208 pages. It updates the first (1st) edition APPENDICES Volume
dated 8 December 2016.
Architecture Advocacy International Foundation, Inc.
(AAIF)
915 Aurora Blvd., Cubao, Quezon City Telefax 9125143 Wireless c/o 3475678 Mobile c/o 0922.8415161
National Capital Region (NCR), Philippines (PH)
The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
List of NBCP : Illustrated Project APPENDICES
Appendix “1”
Miscellaneous NBCP-based Building Planning & Design Solutions
(32
pages)..……………………………………………………………………..04
Appendix “2”
Miscellaneous NBCP-based Calculation Tables (7 pages) …….....36
Appendix “3”
Graphical Excerpts from the 2013 Revised IRR of B.P. Blg. 344
(Accessibility) as disseminated by the DPWH (48 pages) ………...43
Appendix “4”
Housing Solutions (19 pages)..…………………………………………91
Appendix “5”
Common NBCP & 2004 Revised IRR Violations (10 pages) .……110
Appendix “6”
Common NBCP 2007 ARR Violations (19 pages) ……...................120
Appendix “7”
Mixed Levels of NBCP Compliances (7 pages) ……......................139
Appendix “8”
NBCP & Related Concerns from the General Public (12 pages) ...146
Appendix “9”
Compilation of Various Posts on the NBCP and Its SoR and
Closely-Related Subjects (16 pages) ………………………………158
Appendix “10” 2007 PRBoA Official & Disseminated Position on Architectural
Documents (18 pages) ………………………………………………....174
Appendix “11” 2007 PRBoA Official & Disseminated Position on Subdivision
Plans (11 pages) …………………………………………..................192
Appendix “12” Links to Congressional Bills of Current Importance to Philippine
Architects (2 pages) ……………………………………………………203
Appendix “13” Sec. 304.5.b of the 2004 Revised IRR of P.D. No. 1096, the 1977
National Building Code of the Philippines (NBCP), as sourced and
excerpted from the e-copy posted at the DPWH website at
www.dpwh.gov.ph (2 pages) ………………………………………….205
Appendix “14” 2018 DPWH Legal Opinion on Its Official Policy Anent R.A. No.
9266, the Architecture Act of 2004 (2 pages) ………………………207
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
Appendix “1”
Miscellaneous NBCP-based Building Planning & Design
Solutions (32 pages)
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
Appendix “2”
Miscellaneous NBCP-based Calculation Tables (7 pages)
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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The 2016 National Building Code of the Philippines (NBCP) : Illustrated Project by the NCCA, DPWH & the AAIF
Note : This 208-page APPENDICES Volume of the second (2nd) edition was updated in mid-2019 for the AAIF by Arch. Armando N. ALLI.
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Appendix “3”
Graphical Excerpts from the 2013 Revised IRR of B.P. Blg.
344 (Accessibility) as disseminated by the DPWH (48 pages)
Very Important Note/ Caveat :
These 85 images of Batas Pambansa Bilang (B.P. Blg.) 344, a referral code (RC) of the
NBCP and/or related law/s are for general reference only. The drawings (or reasonable
facsimiles thereof) were furnished by the DPWH to the AAIF last August 2015 (and were
either only scanned/ redrafted/ stylized by the AAIF for inclusion in the NBCP : Illustrated
Project as per DPWH instruction).
Ownership and copyright to the content may still belong to the entity that first caused the
preparation of said interpretations and to the original architect-authors of the
interpretations.
However, it is also possible that the interpretations shown may already belong to the public
domain (as it was in interpretation of a valid and subsisting law for purposes of nationwide
dissemination, implementation and enforcement and that it was the batch of selected
interpretations that the DPWH, the co- implementor of B.P. Blg. 344, specifically chose for
inclusion in the NBCP : Illustrated Project, even if the AAIF already had its own set of
interpretations).
If the interpretations shown are applied to actual situations, the concerned/ commissioned
professional (who must be duly registered and licensed by the PRC for the practice of a
built environment or technological profession on Philippine soil and/or by the DTI CIAP
PCAB for construction on Philippine soil) solely assume/s the professional responsibility
and civil liability for the application of their own interpretation (which may or may not be
based on the DPWH-supplied images) and for the service rendered/ resultant work.
For
comments,
suggestions,
perceived
errors,
etc.
please
email
architecture.advocacy@gmail.com so that the same may be relayed to the DPWH (and
possibly to the original authors). Thank You.
Attribution of Original Drawing Source & Acknowledgment :
The 85 images of Batas Pambansa Bilang (B.P. Blg.) 344, a referral (RC) code of P.D. No. 1096, the
1977 National Building Code of the Philippines (NBCP), as shown in this Annex of the NBCP : Illustrated
Project, were extensively discussed in 2016 with the original preparers of the images i.e. members of the
UAP Makati CBD Chapter represented by Architect Jaime Silva, a PRC Outstanding Professional in the
field of Architecture, Architect Armand Eustaquio, Architect Vanessa Lagman, Architect Michael Lazo
and other chapter members involved in the preparation of the images. Thank You all for Your dedication!
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Attribution of Original Drawing Source & Acknowledgment :
The 85 images of Batas Pambansa Bilang (B.P. Blg.) 344, a referral code (RC) of P.D. No. 1096, the 1977 National Building Code of the
Philippines (NBCP), as shown in this Annex of the NBCP : Illustrated Project, were extensively discussed in 2016 with the original preparers
of the images i.e. members of the UAP Makati CBD Chapter represented by Architect Jaime Silva, a PRC Outstanding Professional in the
field of Architecture, Architect Armand Eustaquio, Architect Vanessa Lagman, Architect Michael Lazo and other chapter members involved
in the preparation of the images. Thank You all for Your dedication!
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Appendix “4”
Housing Solutions (19 pages)
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Appendix “5”
Common NBCP & 2004 Revised IRR Violations (10 pages)
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Appendix “6”
Common NBCP 2007 ARR Violations (19 pages)
Department of Public Works and Highways
Additional Rules and Regulations on Signs or Signboard Structures
(downloaded from www.dpwh.gov.ph)
NOTE: These additional Rules and Regulations were approved by DPWH Secretary
Hermogenes Ebdane, Jr. on October 31, 2007. These shall take effect fifteen (15) days
after its publication once a week for three (3) consecutive weeks in a newspaper of general
circulation.
ADDITIONAL RULES AND REGULATIONS ON SIGNS OR SIGNBOARD STRUCTURES
Pursuant to Section 5 of Administrative Order No. 160 and Section 203 of the National
Building Code of the Philippines (P.D. 1096), the following additional Rules and
Regulations on Signs or Signboard Structures are hereby promulgated and issued,
amplifying Rule XX – SIGNS of the Revised Implementing Rules and Regulations (IRR)
of PD 1096.
1. Definitions.
For the purpose of these rules and regulations, the following definitions shall
apply:
Advertising Sign – A sign or signboard structure that directs attention to a
business, profession, commodity, service or entertainment conducted, sold or
offered at a place other than where the business, profession, etc., is located. An
off-premise sign.
Arcade – Any portion of a building above the first floor projecting over the
sidewalk used to protect pedestrian from rain and sunlight.
Back-to-Back Sign – Advertising sign consisting of two signboards oriented in
opposite direction.
Billboard – A display panel for posting advertising material.
Building Permit – A written authorization granted by the Building Official to an
applicant allowing him to proceed with the construction of a specific project after
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plans, specifications and other pertinent documents have been found to be in
conformity with PD 1096 and its IRR.
Business Sign – An accessory sign that directs attention to a profession,
business, commodity, service or entertainment conducted, sold or offered in the
same place where the business is located. An on-premise sign.
Certificate of Use – A written authorization issued/granted by the Building Official
after final inspection and submittal of a duly notarized certificate of completion
that the building/structure comply with PD 1096.
Directional Sign – An official sign directing traffic movement, parks, government
institutions, landmarks etc.
Display Sign – Any material, device or structure that is arranged, intended,
designed, or used as an advertisement, announcement or directory that includes
a sign, sign screen, signboard or advertising device of any kind.
Display Stand – Any movable structure, table showcase, cabinet and the like
where commodities, products are displayed.
Display Surface – The entire area of the signboard or the entire area enclosed by
the extreme limits or perimeter of the signboard.
Double Faced Sign – An advertising sign with two adjacent faces oriented in the
same direction and not more than three (3.00) meters apart the nearest points
between the faces.
Easement – A kind of public open space defined under the Civil Code and other
related laws that must be absolutely free of all forms of physical obstructions that
can negatively affect natural light and ventilation within such space or that can
impede access to or the full recreational use of such space by the general public.
It is the area that may lie between legally usable portions of a public or private
property and natural or man-made bodies of water such as seas, rivers, lakes,
esteros, canals, waterways, floodways, spillways and the like.
Electrical Sign – Any sign which has characters, letters, figures, designs, faces,
backgrounds, or outline illuminated by incandescent or fluorescent lamps or
luminous tubes as part of the sign or signboard proper. These light sources are
external or internal.
Electronic Sign – An electronically operated advertising medium like lighted
electronic diodes, etc.
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Ground Sign – An on-premise sign or signboard structure with the support resting
on the ground, of which height shall not exceed six (6.00) meters.
Imprint – A plaque or sticker identifying the service provider/owner, office
address, telephone number and other information.
Multi-Faced Sign – An advertising sign or signboard structure with three or more
faces oriented in different directions.
National Road – Any public road, classified as primary or secondary, declared as
national road by the President of the Philippines upon recommendation of the
Secretary of Public Works and Highways, satisfying the conditions set forth under
Executive Order No. 113, Establishing the Classification of Roads.
Official Sign – Any sign setting forth information pursuant to law owned by the
government.
Off-Premise Sign – An advertising sign or signboard structure usually located
along national road that advertises goods or services that are sold or offered at a
place other than where the sign or signboard is located, using free-standing
upright supports or roof mounted sign.
On-Premise Sign – A sign or signboard structure located within the place where
the goods or services are sold or offered; also called as Business Sign.
Poster – A fabricated flat surface upon which a message or information is posted
or painted.
Projecting Sign – A sign fastened to, suspended from or supported on a building
or structure the display surface of which is perpendicular from the wall or is at an
angle from there.
Road Right-of-Way (RROW) – A kind of public open space for the continuous
flow of pedestrian and vehicular traffic that must be free of all forms of prohibited
physical obstructions. The RROW is the area lying between two (2) or more
parallel properties and its width is horizontally measured from opposite property
lines.
Roof Mounted Sign – A sign installed on roofs, roof decks.
Service Provider – Owner of an advertising sign or signboard structure.
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Setback – The horizontal distance measured from the outermost face of the
building/structure to the property lines that must be absolutely free of all forms of
physical obstructions that can negatively affect natural light and ventilation or that
can impede access to the sides and rear area.
Sign/Signboard – Any letter, word, numerical, pictorial presentation, illustration,
declaration, emblem, logo, device, symbol or trademark, banner or pennant,
whether illuminated or not, electronic, static or dynamic, or any figure or similar
character that is attached to, painted on, or in a manner represented on a building
or structure used to announce, direct attention to or advertise and visible to the
public.
Sign Permit - A written authorization granted by the Building Official to an
applicant allowing him to install/attach display signs on a structure.
Sign Structure – Any means to support the installation of sign/signboard and this
includes the structural frame, anchorages and fasteners to support and suspend
such sign/signboard.
Temporary Sign – Advertisement/Announcement using cloth or other light and
combustible material with or without frame and installed for a limited period.
Wall Sign – An advertising sign that is painted on, attached or fastened to the
surface of the wall or any part of a building the surface of which is parallel to the
wall surface.
2 – PERMITS AND INSPECTION
2.1.
Building Permit
2.1.1. Any person desiring to construct, erect, install, strengthen, alter a sign or
signboard structure shall secure a building permit at the Office of the
Building Official (OBO) covering any of the afore-cited scope of work.
The following documentary requirements shall be submitted by the
applicant/service provider together with an accomplished and notarized
Building Permit application form endorsed by the lot/building owner:
a. For proposed construction, erection/installation of signs or
signboard structures along national roads, a DPWH Clearance
so that the minimum yard/setback requirements are properly
observed;
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b. For construction, erection/installation along municipal/city roads,
a Locational/Zoning Clearance from the Municipal/ City Planning
and Development Office;
c. Proof of Ownership, if the applicant is the registered owner of the
lot/ building: i. Certified true copy of OCT/ TCT, on file with the
Registry of Deeds; ii. Tax Declaration; and iii. Current Real
Property Tax Receipt.
d. In case the applicant is not the registered owner of the
lot/building, in addition to the above, a duly notarized Contract of
Lease;
e. Five (5) sets of design plans, specifications and other related
contract documents;
f. Certificate of Occupancy, if the sign or signboard structure is roof
or wall mounted.
2.1.2. No new free-standing and/or roof mounted off-premise sign or signboard
structures shall be constructed/ installed on private lots along national
roads unless a valid building permit is secured from the OBO.
2.1.3. The OBO, prior to the issuance of a building permit over a new free
standing or roof-mounted sign or signboard structure, shall see to it that
a DPWH Clearance has been issued by the DPWH Secretary or his
duly authorized representative covering the construction/ installation of
signs and signboard structures located along national road, to ensure
that the setback requirements are complied with. The issuance of the
clearance, building, sign and other permits shall be ministerial once an
endorsement has been issued by the DPWH Secretary or his authorized
representative.
2.2.
Certificate of Use
a. Upon completion, the Owner shall submit a duly notarized
Certificate of Completion together with the construction logbook,
as-built plans and specifications and the Building Inspection
Sheet all signed by whoever is the contractor and signed and
sealed by the Owner’s duly licensed Civil Engineer who
undertook the full-time inspection and supervision.
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2.3.
Sign Permit
a. Upon issuance of the Certificate of Use, the applicant/ service
provider shall secure a Sign Permit for the installation/
attachment of any sign to the structure.
2.4.
Certificate of Annual Inspection Field inspection shall be conducted by the
OBO yearly and validate the structure whether the same is structurally
stable, well maintained and that no enlargement has been done by the
service provider. The assessment by the OBO and the waiver/s issued by
a structural engineer certifying on the stability of the sign or signboard
structure will be the basis in the renewal of the Sign Permit and Annual
Inspection Certificate.
3 - GENERAL PROVISIONS
3.1.
Signs or signboard structures shall promote and uphold the public good
especially in historical monuments and shrines, natural scenic areas,
parks, parkways and their immediate approaches. Immediate approaches
shall mean a distance not exceeding fifty (50.00) meters from the
periphery of said areas.
3.2.
Signs shall display or convey only messages or visuals that conform to
public decency and good taste.
3.3.
Signs or signboard structures shall follow standards of design,
construction and maintenance in the interest of public safety, convenience,
good viewing and to promote proper urban design or community
architecture.
3.4.
Signs or signboard structures may be constructed only in areas where
zoning regulations permit them. However, no sign or signboard
structure shall be placed nor erected on parks and playgrounds, beside
power substations, and on residential, institutional and recreational
zones.
3.5.
Signs or signboard structures shall be constructed in accordance with the
provisions of Section 2003, Chapter 20 of the Code. Sign or signboard
structures exceeding three (3.00) meters in height from the ground shall
be adequately designed and constructed based on the generally accepted
architecture and engineering practice. Design plans shall be signed and
sealed by a duly registered architect or civil engineer.
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3.6.
Signs or signboard structures built within highly restrictive zones shall be
of incombustible materials. No combustible materials other than approved
plastics shall be used in the construction of electrical signs.
3.7.
Signs or signboard structures equipped with electrical devices shall have
an electrical wiring plan conforming to the latest provisions of the
Philippine Electrical Code (PEC) duly signed by a Professional Electrical
Engineer.
3.8.
Signs shall be placed in such a manner that no part of its surface will
interfere in any way with the free use of a doorway, a fire escape,
standpipe or other required means of exit and fire-protective devices.
3.9.
Signs shall be erected in such a manner as not to confuse or obstruct the
view or interpretation of any public sign, traffic signal or device, nor
obstruct the sight, attract or distract the attention of motorists, reflect
blinding light or cause glare to oncoming traffic.
3.10. Signs shall only be written in English or in the local dialect.
3.11. If several signboards are located inside one property or building, the
bottom line of the adjacent signboards shall follow a common base line to
preserve aesthetic value of the site.
4 – DESIGN, CONSTRUCTION, SUPPORTS AND ANCHORAGE
4.1.
Sign or signboard structures shall be provided with an appropriate device,
such as pulleys, capable of being lowered jointly and severally by the
owner of the sign structure and the advertising agency upon receipt of
typhoon advisory Signal No. 2 by PAGASA within the area of the sign or
signboard structure.
4.2
Free-Standing and Roof Mounted Off-Premise Signs – New and existing
free standing and roof mounted off-premise signs shall be allowed under
the following guidelines:
4.2.1 New free-standing and roof mounted off-premise signs or signboard
structures along national and provincial roads shall have a setback of
five (5.00) meters at the front and two (2.00) meters at the sides and
rear. The setback provision shall be measured from the front yard
property line of the private property to the outermost edge of the billboard
display frame.
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4.2.2 In cases where there is no development yet introduced by the lot owner
and where maximum yard and setback ranges from twenty (20.00)
meters or more from the outermost board edge of the RROW, the
maximum height of signs/ signboard structures will be twenty-five
(25.00) meters.
4.2.3. Sizes of new signs and signboard structures vary from six (6.00) meters
by eight (8.00) meters or eight (8.00) meters by twelve (12.00) meters
up to two hundred twenty-five (225.00) square meters depending on
the location, the stability of the upright supports, and the compliance of
the setback requirements and zoning classification of the site.
4.2.4. The minimum distance of new signs or signboard structures shall be one
hundred (100.00) meters apart.
4.2.5. Existing free-standing or roof mounted off-premise signs or signboard
structures with or without a current building permit and which have not
been found or declared to be dangerous or ruinous may continue to
operate and be issued the appropriate building, sign/ signboard,
attachment permit upon submission of the appropriate certification by a
duly accredited structural engineer that the free-standing or roof mounted
off-premise sign or signboard structure is structurally safe; provided, that a
DPWH Clearance is issued to the service provider and the corresponding
penalties, fines and building permit fees are paid. The issuance of the
clearance, building, sign and other permits shall be ministerial once an
endorsement has been issued by the DPWH Secretary or his authorized
representative
4.2.6. The service provider shall secure and submit an insurance coverage
policy annually over the existing free-standing or roof mounted off-premise
signs or signboard structures in the amount of ONE HUNDRED
THOUSAND PESOS (P100,000.00) to answer for any damage or injury
caused by defective installation, improper or lack of maintenance of signs
and signboard structures.
4.2.7. Installation of roof mounted signs on existing buildings/ structures shall
only be allowed if the same are designed in accordance with the
provisions of these guidelines and of Section 108 of the National Structural
Code of the Philippines (NSCP). However, if the building/ structure is
found to be no longer structurally sound, the installation of sign or
signboard structure shall already be discouraged unless the building is
retrofitted.
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4.3
Ground Signs
4.3.1. Ground signs shall not exceed six (6.00) meters in height above the
street crown; except, when the same are constructed in conformity with
accepted engineering standards, of which the maximum height shall be
equal to the horizontal distance measured from the property line
abutting the RROW and all the adjoining properties to the nearest base of
the sign structure.
4.3.2. In areas near electric distribution facilities including that of any power
substations, the minimum horizontal distance measured from the property
line abutting the RROW and all the adjoining properties to the nearest
base of the sign structure shall be the height of the structure plus one
(1.00) meter.
4.3.3. New self-supporting outdoor signs along highways shall be located five
(5.00) meters away from the property lines abutting the RROW.
4.4. Projecting Signs
4.4.1. In urbanized areas traversed by national road with non-arcaded and
arcaded RROW/streets, signs/ signboards shall not extend or project
more than one (1.00) meter over the sidewalk or arcade and measured
horizontally from the wall line or building line or the outermost portion of
the wall line of the allowed structure over the arcade. For buildings
abutting on RROW/ streets or alleys without sidewalks or provisions
therefor, the signs/ signboards shall not project more than one (1.00)
meter from the outermost portion of the building/ structure.
4.5. Wall Signs
4.5.1. All signs painted or pasted on the exterior surface of building or structures
may be considered either as business or advertising signs.
4.5.2. Signs placed on exterior perimeter walls of the building, when made of
combustible materials, must be within the property line and the building
must be able to support the structure. Those made of incombustible
materials may be allowed to cover the entire surface of blank walls only
and shall not be allowed to cover or obstruct openings.
4.5.3. Signs installed, displayed or erected in the same building shall preferably
be of identical size and flushed against the building façade.
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4.6. Temporary Signs
4.6.1. All temporary signs, bills, posters and the like may be installed or posted
only in areas or structures allowed by pertinent provisions of the Code.
4.6.2. Streamers strung over or across any public thoroughfare shall have the
necessary permit therefor from the Building Official. The lowest point of
the bottom edge of streamer shall have a minimum clearance of four point
thirty (4.30) meters above the pavement.
5 - MATERIAL REQUIREMENTS
5.1. In addition to the provisions on Materials of Section 2004 on Supports and
Anchorages of the Revised IRR of the Code, the following shall likewise be
applicable:
a. Signs consisting of banners, pennants, tarpaulins and other similar
nonrigid materials shall not be installed near power lines.
b. Sign structures carrying signs and signboards made of such materials
shall be required to maintain a horizontal clearance from the power lines
in accordance with Rule XIII, Table XIII.1., Revised IRR of the Code.
6 - LIGHTING
Signs/ Signboards shall be illuminated only by electrical means in accordance
with the PEC and subject to the following restrictions:
6.1. Signs/ Signboards which contain, include or are illuminated by any flashing,
intermittent, or moving light or lights are prohibited if such signs/signboards
interfere with traffic safety. Reflective surfaces or devices on sign faces, and
multi-faced signs/ signboards, with illumination, are permitted, provided such
signs/signboards do not interfere with traffic safety.
6.2. Electronic variable message signs/ signboards giving public information
such as, but not limited to, time, date, temperature, weather, or other
information, and commercial electronic variable-message signs/ signboards
which function in the same manner as multi-faced signs/signboards are
permitted; provided, such signs/signboards do not interfere with traffic safety
and do not resemble or simulate traffic control or safety devices or signs.
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6.3. Signs/ signboards must be effectively shielded to prevent beams or rays
from being directed toward any portion of the traveled ways, and must not
be of such intensity or brilliance to cause glare or impair the vision of the
driver or any motor vehicle or otherwise interfere with any driver’s operation
of a motor vehicle.
6.4. No sign/ signboard shall be so illuminated that it interferes with the
effectiveness of or obscures an official sign, device or signal.
7 - MAINTENANCE
Signs shall be maintained in a safe and presentable condition. Should a sign
become, in the opinion of the DPWH or the Building Official concerned, unsafe or
show extensive deterioration due to poor maintenance, the service provider/ lot/
building owner, upon notice of the Building Official, shall immediately restore the
sign to a safe and satisfying condition. For noncompliance within fifteen (15) days
after receipt of the notice, the DPWH/ Building Official shall summarily dismantle
the sign or signboard structure, with the cost of dismantling charged to the
expense of the service provider.
All signs, together with all of their supports, braces, guys, and anchors, shall be
kept in repair and in proper state of preservation jointly by the owner of the sign
or signboard structure and the advertising agency. In addition, the owner and the
advertising agency shall perform the following:
7.1. Sign structures shall be inspected annually and after every occurrence of
major typhoons and earthquakes.
7.2. Signs shall be inspected annually and a corresponding Certificate of Use
secured. Sign Permits shall also be renewed and secured from the OBO on
an annual basis.
7.3. Tarpaulins and other advertising materials shall be automatically lowered
upon announcement of a Typhoon Signal No. 2 bulletin by PAG-ASA within
the area of the sign or signboard structure.
8 - PROCEDURE FOR ABATEMENT/ DEMOLITION OF SIGNS OR
SIGNBOARD STRUCTURES
The following steps shall be observed in the abatement/ demolition of sign and
signboard structures:
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a. There must be a finding or declaration by the Building Official that the sign or
signboard structure is ruinous or dangerous.
b. Written notice or advice shall be served upon the service provider, lot or
building owner of such finding or declaration, giving him at least fifteen (15)
days within which to cause repair, abate, demolish and remove, as the case
may be, the ruinous or dangerous sign or signboard structure or any part or
portion thereof.
c. Within the fifteen (15)-day period, the service provider, lot/building owner may,
if he so desires, appeal to the DPWH Secretary the finding or declaration of
the Building Official and ask that a re-inspection or reinvestigation of the sign
or signboard structure be made.
d. If the appeal is meritorious, the DPWH Secretary may designate a competent
representative/s other than the Building Official to undertake the re-inspection
or re-investigation of the sign or signboard structure. The representative/s so
designated shall make or complete his/their report within a period of thirty (30)
days from the date of termination of re-inspection or re-investigation.
e. If after re-inspection, the finding is the same as the original one, the DPWH
Secretary, thru the Building Official, shall notify the service 11 provider, lot/
building owner, giving him not more than fifteen (15) days from receipt of
notice with affirmed finding to make the necessary repair, abatement,
demolition and removal of the subject sign or signboard structure or parts
thereof, as the case may be.
e.1. If the Building Official has determined that the sign or signboard
structure must be repaired or abated, the Order to be issued shall
require that all necessary permits therefor be secured and the
work physically commenced within fifteen (15) days from the date
of issuance of the permits and completed within such reasonable
time as may be determined by the Building Official.
e.2. If the Building Official has determined that the sign or signboard
structure must be demolished, the Order shall require that the
service provider shall demolish the sign or signboard structure
within fifteen (15) days from the date of receipt of the Order; that
all required permits be secured therefor within the same fifteen
(15) days from the date of the issuance of the permits, and that
the demolition be completed within such reasonable time as may
be determined by the Building Official.
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f. The decision of the DPWH Secretary on the appeal shall be final.
g. Upon failure of the service provider/ owner to comply with the Order of the
Building Official or of the DPWH Secretary, in case of appeal, to repair, abate,
dismantle or remove the sign or signboard structure or any part thereof after
fifteen (15) days from the date of receipt of the Order, the Building Official
shall cause the structure to be repaired, dismantled or removed, partly or
wholly, as the case may be, with all expenses therefor chargeable to the
owner.
h. The sign structure as repaired or in case of dismantling, the materials
gathered after the demolition of the sign or signboard structure shall be held
by the OBO until full reimbursement of the cost of repair, dismantling and
removal is made by the owner which, in no case, shall extend beyond thirty
(30) days from the date of the completion of the repair, dismantling or
removal. After such period, said materials of the sign or signboard structure
thus repaired, dismantled or removed shall be sold at any public auction to
satisfy the claim of the OBO. Any amount in excess of the claim of the
government realized from the sale of the sign or signboard structure and/or
materials shall be delivered to the owner.
9 - INVENTORY AND ASSESSMENT OF SIGN
9.1 The DPWH shall conduct a nationwide inventory of all signs and signboard
structures upon effectivity of these rules and regulations in coordination with the
service providers/owners, representatives of Building Officials and 12
City/Municipal Engineers to determine if the same are to be abated or
demolished.
9.2. Fees covering the assessment and inventory of signs or signboard structures
as of the effective date of these rules and regulations shall apply:
a. A one-time signboard inventory fee of Two Thousand Five Hundred Pesos
(P2,500.00);
b. An annual inspection fee of Seven Thousand Five Hundred Pesos
(P7,500.00); and
c. The new schedule of building permit fees prescribed as shown in the Sample
Computation.
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9.3. Other Remedies
The procedures, actions and remedies provided herein are without prejudice to
further action that may be taken by the Building Official pursuant to Section 213
of the Code against the service provider/ owner of signs or signboard structures
found or declared to be dangerous and/or ruinous under the provisions of Articles
482 and 694 to 707 of the Civil Code of the Philippines.
10 - EFFECTIVITY
These additional Rules and Regulations shall take effect fifteen (15) days after its
publication once a week for three (3) consecutive weeks in a newspaper of
general circulation.
Approved this 31st of October 2007
(Sgd).
HERMOGENES B. EBDANE, JR.
Secretary
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SAMPLE COMPUTATION ON THE ASSESSMENT OF SIGN/SIGNBOARD
STRUCTURE BUILDING PERMIT FEE, SIGN PERMIT FEE, CERTIFICATE OF
USE, ANNUAL INSPECTION FEE AND ANNUAL RENEWAL FEE
II. Sign Permit Fee
(See Item 9(h)(i), NSFOC) Display/Signboard Area = 225 sq.m.
A. Erection/Anchorage of display area (single face) up to 4.00 sq. meters of
signboard area = P120.00
4 x P120.00…………………………………………………………. P480.00
Every sq. meter or fraction thereof in excess of 4.00 sq. meters
= P24.00 221xP24.00…………………………………………… P5,304.00
P5,784.00
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B. Installation, per sq. meter or fraction thereof of display area [See Item
9(h)(ii) Advertising Signs (illuminated),
NSFOC] = P36.00
225 sq. m x P36.00………………………………………………. P8,100.00
Total Sign Permit Fee……………………………………………P13,884.00
(Note: Excluding Electrical & Other Accessory Fee/s)
III. Certificate of Use
A. 50% of Building Permit Fee, excluding Excavation
= P3,000.00 x 0.50…………………………………………… P1,500.00
IV. Annual Inspection Fee (Structure)
A. 100% of Building Permit Fee, excluding Excavation
= P3,000.00 x 1.00…………………………………………. P3,000.00
V. Annual Renewal Fee (Signboard)
(See Item 9(h)(iii) Advertising Signs Illuminated, NSFOC)
A. Per sq. meter of display area = P38.00
= P38.00 x 225.00 sq.m……………………………………. P8,550.00
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Appendix “7”
Mixed Levels of NBCP Compliances (7 pages)
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Appendix “8”
NBCP & Related Concerns from the General Public (12
pages)
2019 June 26
Question/s or Concern/s (Q-C).
Hi NBCP, I would like to refer this situation to you and hope you can enlighten me. We are currently
constructing an extension balcony on our property and the new columns and beams are attached directly
on the neighbor's firewall and now they are not allowing us. Is there a law prohibiting us to do such since
we are not encroaching their property even the foundation we made is inside our property. I will send
some photos as well. Thank you.
AAIF Response/s.
The subdivision rules are private rules. The ones that dictate upon Your property are the public laws and
regulations such as the LGU zoning ordinance (ZO), P.D. No. 957 (on subdivisions) and P.D. No. 1096,
the 1977 National Building Code of the Philippines (NBCP). Whichever of the foregoing is the strictest
(whichever shall result in the least building size and floor area) shall be followed. Thanks.
2019 June 21
Question/s or Concern/s (Q-C).
Hi when it comes to determining the zoning of the project. Which of the tables would prevail? VII.1 or
VII.2?
AAIF Response/s.
Table VII.1 (the long table) determines zoning classification in the absence of a LGU zoning ordinance
(ZO). However, the LGU ZO provisions may be stricter BUT must NEVER RELAX the minimum provisions
under the National Buidling Code of the Philippines (NBCP). Thanks.
2019 June 19
Question/s or Concern/s (Q-C).
regarding po sa setback issue x x x legal basis po? x x x Nakain po ata namin yung 1.5m na setback
kaso wala pa po kaming pera para sirain yung 1.5m na setback wala pa rin namin pong plan na ibinibigay
na talgang kinain namin at setback na 1.5... Ginigipit po kmi po nuong ibang resident po di naman po
ginaganoon. Talaga po bang wala kaming laban para doon? In legalities?
AAIF Response/s.
Chapter 8 of P.D. No.1096 (the 1977 National Building Code of the Philippines/ NBCP); Rule VIII of the
2004 Revised IRR of P.D. No. 1096; and Article 670 of R.A. No. 386 (The 1949 Civil Code of the
Philippines).
Kung kinain nyo po ang setback ay maari namang pong isara ang mga bintana at gawin na lamang na
firewall ang pader ninyo. Kaya lang ay maigiging mainit at madilim sa loob ng bahay. Siguro ay ito na
lang ang maaring compromise. Salamat po.
2019 June 21
Question/s or Concern/s (Q-C).
Dear Sir/Madam: We are on the process of finalizing house construction and the rear side of the lot is
along a residential drainage/ canal with a width of 1 meter and depth of around 1 meter as well. The lot
is also at the lowest and end part of the drainage. I just would like to inquire whether the 3 meters
easement under Article 51 of Water Code of the Philippines applies or just the 2 meters minimum setback
per the National Building Code is enough? Your response regarding this matter will be highly appreciated
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as significant cost and time has already been invested in purchase of the lot and making the architectural
plans. Kind regards,
AAIF Response/s.
The canal is a man-made waterway (not a natural waterway with a legal easement that is described in
the Water Code). Perhaps it is best to first consult the authorities having jurisdiction over Your
development. If the edge of the canal is already Your property line (the land You purchased), then
standard setbacks under the NBCP shall apply as the developer should have provided for a separate
easement (not part of Your purchased property) if such were their intention. Thanks.
2019 June 19
Question/s or Concern/s (Q-C).
x x x what about if one side has firewall? can I put 2m setback alongside of other RROW? I mean the
frontage is 3m and 2m on other perimeter along RROW.
Another question sir, how many sides are allowed to have a firewall for a corner lot?
AAIF Response/s.
3 m setback required for both RROWs unless the lot is really small (in which case, an exception from
compliance with the full 3m setback should be requested on 1 frontage i.e. 2 m setback only, to prevent
hardship on Your part). Thanks.
Generally speaking, only along 1 side and the rear property line, but that also depends on the zoning
classification of the lot. Thanks.
2019 June 18
Question/s or Concern/s (Q-C).
Hi po NBCP, goodeve! I have something to ask. In regards po dun sa Imus national high school issue. Is
it possible po ba na ang isang school ay makakapag implement ng isang project without clearances/
permits from Your office?
Thank you po for answering! Sabi na nga ba eh. Kasi if the designer failed to meet the standard of NBCP,
they could have disapproved the project or suggest revision otherwise. Para naman sana hindi nagsusuffer ang school ng discrimination. I know and believe that the school would have faithfully obliged if
only the IMUS LGU had been transparent and firm with their laws. But this post serves as awakening to
the public especially to the schools. Thank you!
Awww, these words melts my heart! Thank you. I've been furious reading the comments of the people
blaming the school without them realizing that there are other people who are responsible for this chaos.
AAIF Response/s.
We are not the regulators. We are a private sector entity assisting the general public in the correct and
lawful interpretation of the NBCP IRR, which we helped to write from 2002-04. The Imus (LGU) Office of
the Building Official (OBO) is the designated regulator for the NBCP. If the LGU OBO fails in that task,
You could directly consult the Office of the DPWH Secretary, in his capacity as the National Building
Official (NBO). The tiling project could not have been implemented without a building permit from the
LGU OBO (which may also double as the Office of the Municipal Engineer/ OME) and a development
permit from the LGU planning office/ zoning administrator. Please note that we are only discussing the
tiling of the grounds BUT we also saw problems with the design of the buildings. We shall try to have the
matter investigated by the authorities having jurisdiction (AHJ) over the matter. Thank You.
Yes, we also know that the designers and the LGU OBO may be the ones who are to (hold accountable)
for this mess. They were the ones who should have supplied the school with the correct technical advice.
Thanks.
Thank You. The school is not to blame. They are the client. The designers and the regulators are the only
ones to (hold accountable) for this. Regards,
2019 June 15
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Question/s or Concern/s (Q-C).
Tanong lang po. Nagkocompute kasi ako ng minimum parking requirement, ang need ay GFA. May
nabasa kasi ako na mas mababang value will prevail, either using PSO or FLAR. Sa pagcompute ng
GFA, kung ang nakuha kong value ng AMBF (using PSO*TLA) ay mas mababa sa nakuha kong GFA
(using FLAR*TLA), pano ko komputin yung GFA from AMBF para makuha ang minimum GFA para sa
minimum parking requirement?
Good day. Thanks for the response. So in case I got the lowest GFA by using the formula AMBF = TLA
x PSO, shall I convert the resultant AMBF to TGFA, then TGFA convert to GFA using the multiplier in
table VII.G.2?
AAIF Response/s.
The minimum GFA (for purposes of computing the parking requirement) must always result from the
application of the strictest set of rules i.e. the set of rules that shall result in the lower GFA shall prevail.
Thanks.
To convert the AMBF to TGFA, You will need information on the building height limit (BHL) first. The
TGFA (AMBF * BHL) can then be converted to GFA using Table VII.G.2. Thanks.
2019 June 3
Question/s or Concern/s (Q-C).
Good Day, sir ask ko lang kasi magpapagawa kami ng firewall. May standard distance po ba ang firewall
sa katabi naming bahay na may firewall din?
AAIF Response/s.
Firewall is built along Your property line. Pwedeng tabihan ang firewall ng neighbor ninyo.
2019 June 11
Question/s or Concern/s (Q-C).
Gud day. I’m an architect from Iloilo. I would like to ask about setback for a commercial use lot/ project.
My lot is 12x18meters (of) w/c 12m is the frontage. The RROW is 6 meters in front. Can I have a firewall?
I’m so confused (as to) what is my reference for setbacks. Thank you
AAIF Response/s.
Table VIII.3 of the 2004 Revised IRR of the NBCP; 5.0 m setback at front, 2.0 m sides and rear BUT
firewalls are permitted with restrictions and on commercial classifications (C-1, C-2 or C-3). Thanks.
2019 June 13
Question/s or Concern/s (Q-C).
Good day Sir/ Ma'am! I would like to ask regarding the latest version of the National Building Code of the
Philippines and where can I buy a copy of it? Thank you.
AAIF Response/s.
A. NO NEED TO BUY. JUST DOWNLOAD (AS THESE ARE MORE ACCURATE IN CONTENT THAN
MOST PUBLISHED HARDCOPIES WHICH HAVE ADDED OR DELETED PORTIONS - depending on
the
publishers).
Thanks.
B.
OFFICIAL
PHILIPPINE
GOVERNMENT
SITES
:
P.D. No. 1096, The 1977 National Building Code of the Philippines (NBCP, a law and a system unto
itself), and its stream of regulations (SoR), not limited to its 2004 Revised (or later) Implementing Rules
and Regulations/ IRR, its latest Referral Code Subsystem (RCS), its latest Technical Reference
Subsystem
(TRS)
and
its
latest
Derivative
Regulation
Subsystem
(DRS)
Very Important Note : Electronic copies of the OFFICIAL, ORIGINAL AND TRUE TEXT of P.D. No. 1096
(1977 NBCP) and its 2004 Revised IRR can be found and readily downloaded from these active PH
Government
links:
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1. Official Gazette of the Philippines: https://www.officialgazette.gov.ph/1977/02/19/presidential-decreeno-1096-s-1977/
2.
Supreme
Court
E-Library:
http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/53320
3. Department of Public Works and Highways (DPWH) Website at www.dpwh.gov.ph (for free downloads
of official NBCP documents), particularly its References folder and its Laws, Codes and Orders sub-folder
for
electronic
copies
of
the
NBCP
(at
link
:
http://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/national_law) and its 2004 Revised IRR
(at
link
:
http://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/PD1096).
C.
Other
NBCP
References
:
1.
Websites
a) NCCA-AAIF National Building Code of the Philippines (NBCP) : Illustrated Projects at
http://ncca.dthree.com.ph/;
and
b) DPWH National Building Code Development Project at http://dpwh.dthree.com.ph/
2.
Dropbox
a)
NBCP
2004
Revised
IRR
2015
Interpretations
https://www.dropbox.com/sh/b9kdd749hzafq20/AAA7cv-rFJMjEBQsokQLaknVa?dl=0;
b)
NBCP-related
Laws/
Regulations
https://www.dropbox.com/sh/g9nil22g4w0gl0q/AAAfsizW1n2iqc7eQzLZ96lHa?dl=0;
c)
2015
DPWH
Design
Codes/
Guidelines
https://www.dropbox.com/sh/o7pwt6cqogp5rpy/AAC7NoAdDYI9_s_HFczxuuT1a?dl=0
Sites
at
at
at
3. Senate Bill No. (SBN) 2087 - An Act to Ordain the New Building Code of the Philippines filed 13
November 2018 by Senator Grace Poe (which seeks in part to update, strengthen, and affirm the NBCPrelated regulations evoved by the PH Government over the last 42 years, and to thereby assist in attaining
a much better level of compliance with and enforcement of said law), at link :
http://www.senate.gov.ph/lisdata/2889725453!.pdf
2019 March 9
Question/s or Concern/s (Q-C).
Good evening po. Is it allowed to have a balcony/carpark roof setback of 1m from perimeter fence in front
of a residential house?
165 sqm po. How will i know the zoning class(ification)?
Hello. Good afternoon. As per building code, (the) minimum front setback is 3 meters. Meron po ba
matanungan what is the basis for 3m.
AAIF Response/s.
That depends on the zoning classification of Your lot. Thanks.
Please verify with Your subdivision association (or with Your LGU planning/ zoning office). Thanks.
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2019 March 24
Question/s or Concern/s (Q-C).
Hello, mam/sir ask ko lang po, yung case ko, may nakuha po ako house sa isang subd(ivision). May 3m
front 2m left/right and likod 2m din. Gusto ko sana e extend yung likod until the property line, kaso ayaw
po pumayag yung developer. Gusto nila may setback daw kami na half meter, which is nanghihinayang
ako sa lot ko, at plan ko e firewall naman sana. Kaso ayaw ng developer, payag naman ang City Hall
City eng(inee)r. Ano po maganda gawin talaga bang pwede gumawa ng sarili(ng) rules ang developer?
So you mean na pwede nga gumawa ng sariling rules ang mga developer, na above national building
code?
But it look(s) unfair to the owner/buyer, kasi pasado naman yung gagawin sa NBCP, gaya nga ng sakin
na yung 2m ko sa likod e firewall ko na sana sagad 2m. Ok daw yun sa NBCP, but the developer said I
have at least half meter setback, I said unfair kasi NBCP is OK but for the developer not. Which is the
higher among them? Unfair sa amin na buyer kasi (hin)di nmin ma-maximize yung lot namin. So sa akin
lang dapat may 1 lang tayo na batas. Di naman habang panahon kanila yung subd(ivision). Kawawa
naman kmi. Salamat po.
AAIF Response/s.
Please check Your Deed of Restrictions and development guidelines issued by Your developer. Kung
mas mahighpit po iyan kaysa sa Building Code ay iyan po ang masusunod. Salamat po.
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Pwede po kung MAS MAHIGPIT po ang mga provisions kaysa sa minimum standards ng NBCP. Hindi
po maaaring luwagan ang mga minimum NBCP standards ng developer pero maari nilang gawing mas
mahigpit (stricter or more stringent). Salamat po.
For example, kung sabi sa NBCP (P.D. No.1096) na ang required setback ay 2.0 meters (m), maari pong
gawin ng developer na i-require na 2.5 m ang setback (mas mahigpit) pero hindi pwedeng gawin ng
developer na 1.5 m lamang ang setback (lalo na kung kung P.D. No. 957 PO ANG STANDARD NA
SINUSUNOD SA subdivision ninyo). IBA PO ANG MGA STANDARDS (MAS MABABA KAYSA P.D. No.
957 AT P.D. No.1096) KUNG B.B. Blg. 220 ANG SINUSUNOD NA STANDARD SA subdivision ninyo.
Salamat po.
Ang P.D. No. 957 po at ang P.D. No. 1096 ay pareho ang standard pero ang B.P. Blg. 220 po ay mas
mababa ang standard. Kaya kailangan din po ninyo malaman kung ano ang standard na ginamit ng
developer sa subdivision ninyo. Salamat po.
2018 June 18
Question/s or Concern/s (Q-C).
Hi, Sir. I would like ask facts about FAR Computation.
Lot Area: 1800sqm Category FAR 12
1800 sqm x 12 = 21,600 sqm
TGFA 1,300sqm / floor
Height Restriction is up to 16 _ ? This I’m not sure. Please help po, thanks.
Hi, Sir. Good morning. (The) Zoning Classification is Major Commercial Zone C-2. Location of Lot is
former Shoppers Ville approx. RROW is 30m.
Thank you sir this is very helpful.
AAIF Response/s.
21,600sqm is GFA (not TGFA). There is a multiplier to arrive at the TGFA using the GFA, both of which
exclude basement floor areas.
Note : As subsequently pointed out to the AAIF, the basement floor area is actually INCLUDED in the
GFA-TGFA computations. However, the AAIF notes that the LGU or the associations of private locators
in subdivisions can actually EXCLUDE the basement floor area from the GFA-TGFA calculations as
such is the MORE STRINGENT requirement.
What is the zoning classification of the lot and the approx. width of the road right-of-way (RROW)?
Hi, Arch.
(1) We see that Your multiplier of 12 is already actually for a converted GFA so that Your 21,600 sqm is
indeed for the TGFA.
(2) Per the 2004 NBCP Revised IRR, the applicable FAR range for a C-2 lot is 3.6 to 9, meaning a GFA
range of from a low of 6,480.0 sqm to a high of 16,200.0 sqm (from Table VII.G.1) and a TGFA range of
from a low of 8,618.4 sqm to a high of 21,546.0 sqm (from Table VII.G.2), where both GFA and TGFA
ranges exclude floor areas generated at basement levels. 3) The TGFA shall then be adjusted based
on the following a) the applicable setbacks at ground floor and at all upper floors OR the applicable
percentage of site occupancy (PSO), whichever shall result in the smaller allowable maximum building
footprint (AMBF); b) the prescribed building height limit (BHL) for C-2; and c) the resultant angle from
the centerline of the RROW (which limits all affected building floors and architectural projections).
The stated maximum TGFA cannot actually be attained because of the direct application of the other
development controls (restrictions) which MUST also all be fully complied with. Thanks.
Always remember that within the NBCP itself, there are competing development controls/ DCs
(restrictions) wherein the strictest one is always the one to be followed. Thanks.
We call that triangulation - 3 or more rules directly apply and the one that shall result in the least
construction activity is the strictest rule that must be followed.
Let us restate/ expand that a bit : Within the NBCP itself and its array of referral codes (RCs, that
include the Fire, Sanitation & Water Codes, the Accessibility Law and an array of environmental,
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development-related, construction-related, governance and professional practice-related laws, there are
always competing (or even conflicting) development controls/ DCs (restrictions) wherein the strictest
one is always the one to be followed.
We call that triangulation - 3 or more rules (whether within the NBCP or those found in its array of RCs,
directly apply to a situation and the one that shall result in the least construction activity, and/or the one
that shall result in the most benefit to the general public (and complementarily, in the least benefit to the
private individual), and the one that shall result in the least damage to the natural and built
environments, is considered the strictest rule that must be applied/ complied with. Thank You.
2018 June 2
Question/s or Concern/s (Q-C).
Hi Sir, just wanna ask where in the National Bldg Code (is it) stated that all buildings/ condominiums
only have a 50yrs or so lifespan and must be retrofitted or renovated or even worse condemned?
Please send me a screenshot of the page. Thanks.
Ok, so there is no such provision in the building code as well?
AAIF Response/s.
We know of NO such law. The design life of buildings is decided by the designers but ordinarily, large
buildings should have a design life of more than 50 years. In the case of condominiums, it is up to the
condominium association to decide the fate of the building after a 50-year lapse.
Not in P.D. No. 1096 (NBCP) as we know it. Perhaps the best agency that could provide the answer
could be the Housing and Land Use Regulatory Board/ HLURB at www.hlurb.gov.ph. Thank You.
2018 June 3
Question/s or Concern/s (Q-C).
Is it allowed (for) a firewall to open a hole to put windows and exhaust fan expos(ed) to (an) adjacent
neighbor?
(Is it) possible to excavate a constructed firewall possible and erect a separate post and beam mounted
to existing firewall?
AAIF Response/s.
RE Your first query, the answer is NO. Firewalls cannot have operable windows nor exhaust fans that
are directed at another (adjoining) property. RE Your second question, its possible BUT it will require a
structural design by a proper structural designer (presently, not just an ordinary civil engineer). Thank
You.
2017 November 10
Question/s or Concern/s (Q-C).
Good morning po. May inquiry lang po ako kasi nakabili po ako ng townhouse sa may bandang Sta.
Rosa. Napansin ko lang po kasi yung pinaka design nung unit is iisa lang po ang entrace at exit. Pwede
po ba yung ganitong design? May pintuan naman po siya sa likod yun ngah lang po wala rin madadaan
dahil ang yung katalikuran mo is magkadikit po kayo ng (comfort room) so wala rin po silbi yung pintuan
sa likod dahil wala naman po madadaanan palabas kung baga wala po setback.
AAIF Response/s.
Rowhouses like these only have one ingress (entrance) and egress (exit) and that is the front door,
which also serves as the fire exit.
2017 September 12
Question/s or Concern/s (Q-C).
Good morning, just want to ask if there's any justification why high-rise buildings need to have a
Lightning Protection System like Lightning Arresters? And what shall be the minimum storey of the
building? Please enlighten me. Thanks much.
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Meaning, the PEE or maybe the Architect can suggest to put those lightning protections, but they
cannot require or force the owner of the building if the owner doesnt like it. The LGU too cannot require
the owners too. It seems there's nothing in the Nat(iona)l Building Code of the Philippines states or
requiring the high-rise building to install those units unlike the Fire Protection System. Thanks much.
AAIF Response/s.
Most high-rise buildings serve as the main attractor for lightning strikes as these protect the lower
buildings around it. Generally speaking, even low-rise buildings in an open area should be provided
with lightning arresters as these would be the tallest structures in the area. It is the professional
electrical engineers (PEE) who prescribe and design these for buildings. Thank You.
Not the architects. Only the PEE.
The PEE shall base his/ her recommendations (to introduce the arrester system) on the applicable
provisions of the PH Electrical Code (PEC, a referral code of the Building Code) or on R.A. No. 9514,
the Fire Code of the PH (if applicable) or on a suppletory application of international building. fire or
electrical codes and building standards. Thanks.
2017 August 3
Question/s or Concern/s (Q-C).
x x x so what can we do if our neighbor was allowed by the developer to extend up to the rear property
line? Can we contest it?
AAIF Response/s.
Your neighbor, the homeowner association and the developer may have all already become criminally
liable for the willful and concerted violated of the Building Code. If reported to the barangay and the
Building Official, they would also all become criminally and administratively liable under anti-graft laws
like R.A. No. 3019 (Anti-Graft and Corrupt Practices Act), R.A. No. 6713 (Code of Conduct of
Government Officials), R.A. No. 9485 (Anti Red Tape) and the 1987 Administrative Code of the PH
(E.O. No. 292) as well as R.A. No. 7160 (Local Government Code). Thanks. Note the law numbers
could be wrong but the lawyers would know what these are and how these laws apply.
2017 June 10
Question/s or Concern/s (Q-C).
Hi. Saan po nakakabili ng complete set of national building code hardcopy. Thanks.
AAIF Response/s.
Please go to www.dpwh.gov.ph for the free download. Thanks.
2017 March 3
Question/s or Concern/s (Q-C).
Good day sir/ maam. Tanong ko lang po about building code, paano malaman kung ano classification
ng high-rise building, mixed-use building kung C-3 ba or R-5 and if R-5 po ba kailangan pa ng
incremental setback. Thanks in advance.
AAIF Response/s.
Pareho pwedeng high-rise ang C-3 and R-5. Incremental setbacks for all sides are not intended for
design or construction application. These are part of NBCP tools that are intended to reduce the total
gross floor area (TGFA) of a building. Thanks.
2017 March 13
Question/s or Concern/s (Q-C).
Hi, may I ask the laws governing a swimming pool in a residential area?
AAIF Response/s.
Swimming pools have to fit within yards that satisfy much more than the minimum prescribed setbacks
and open spaces for residences. Thanks.
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2017 February 18
Question/s or Concern/s (Q-C).
Good afternoon po, ask ko lang po sana if what is the rule on ratio of motorcycle and bicycles? the
project po is a mix(ed)-use commercial and residential. Thank you po.
AAIF Response/s.
Sorry, the NBCP and its IRR have no provisions for bicycles and motorcycles. You will need to look at
international standards for these. Thanks.
2017 February 13
Question/s or Concern/s (Q-C).
Good Morning, I just like to inquire if there are any provisions in the NBC on firewalls (e.g. an adjacent
property cannot use the firewall of another property as a common wall and extend its slabs up to the
said firewall).
AAIF Response/s.
If the property owners of 2 adjoining lots are not related (and if construction occurs on separate dates),
the firewall (if permitted) and its foundation are constructed on one side of the common property line.
Hence, the later construction cannot use said firewall for support as it is part of another property. The
later construction would need to provide its own firewall. To use the firewall in another property would
constitute multiple violations of law i.e. P.D. No. 1096 (the 1977 NBCP), R.A. No. 386 (the 1949 Civil
Code), etc. Such an act may also be interpreted as a form of trespassing into a private property (as air
rights are also crossed and violated) i.e. anything that crosses the property line is a violation of the air
rights over such property.
One note about firewalls : Contrary to common thinking that firewalls can be built side by side, there
should actually be some space between the 2 firewalls to allow for water to seep into the ground.
Otherwise, seepage of rainwater into both firewalls shall occur repeatedly and damage paint and wood
in the enclosed spaces. Thanks.
2016 December 11
Question/s or Concern/s (Q-C).
Tanung ko lang po ano ba? at sino? ang exempted sa building permits. Salamat po.
AAIF Response/s.
P.D. No. 1096 SECTION 209. Exemption Public buildings and traditional indigenous family dwellings
shall be exempt from payment of building permit fees. As used in this Code, the term “traditional
indigenous family dwelling” means a dwelling intended for the use and occupancy by the family of the
owner only and constructed of native materials such as bamboo, nipa, logs, or lumber, the total cost of
which does not exceed fifteen thousand pesos.
27 March 2018
ArchBlanch at the Facebook chatgroup Architecture Advocacy Forum
There are contrary understandings with the terms consultant and designer defined synonymously by some local
professionals. Though there are definitions from other sources that consultants can also design. Most advance
state policies somehow adopt a strange model different to model we are introduced to locally.
1) As per R.A. No. 9266, the Consulting Architect (CA) does NOT sign nor dry seal the finalized architectural
documents for either tendering or for building permit application. Only the Architect-of-record (Aor) who has
directly supervised the preparation of such documents can lawfully sign and dry seal the same.
a) In the Philippines (PH), the Aor may or may not be the natural person directly producing the
finalized architectural documents (it can be other natural persons or a juridical person). However,
the Aor must have directly supervised the preparation of such documents before the Aor can
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b)
c)
d)
e)
lawfully sign and dry seal the same. We do not have a natural person referred to as Professional
Engineers (PEs) in the PH as we have a specific State-regulated professional for each engineering
discipline relating to buildings i.e. Civil/ Structural, Electrical, Electronics, Mechanical. Sanitary
Engineers, etc.;
In the PH and by law, the term architectural documents specifically refer to a class of building
plans/ designs and specifications that only a registered and licensed Architect (RLA) can lawfully
sign and dry seal, notwithstanding claims by other State-regulated professionals that they too are
capable of producing the same. Professional regulatory laws (PRLs) which are meant to limit
professional practices to a specific class of natural persons, clearly state the minimum
qualifications of RLAs that only RLAs and no other State-regulated professional can satisfy, among
them being a B.S. Architecture graduate and passing the licensure examination for architects
(LEA), which is all about buildings and their settings;
Architectural designers in the PH may assume some professional responsibility and/or civil liability
for their participation in the design effort BUT it is only the Aor (after having signed and dry-sealed
the finalized architectural documents) who shall be the PRIMARY natural person who can be held
professional responsible and/or civil liable for the architectural effort;
For complex or large-scale architectural projects in the PH, the responsibilities of the Consulting
Architect (CA) and the Architectural Team under the Aor are clear-cut. The CA may only contribute
inputs ranging from pre-design services (including site analyses, architectural programming and
space planning) to schematic design (massing concepts and blocking) to design development
(code searches and minimum to optimum compliances with local, national and international
development controls such as physical planning and building laws and standards, architectural
interiors, acoustics, architectural lighting, specialty design for restaurants, theaters, kitchens,
parking systems, etc.) to contract documentation (tender documents writing, technical
specifications writing, quantity surveying, etc.) and even to allied design services (graphic design,
furniture design, interior design, landscape architecture design, etc. by other duly-qualified RAs),
BUT the overall architectural direction and effort is directed (if not dictated) by the Aor;
Over the last 4 decades, the design of buildings in the PH has been heavily compartmentalized
due to the numerous professional regulatory laws (PRLs) that have carved up major professions
like architecture and civil engineering in the guise of specialization and globalization. As a direct
result, the drawing and permitting requirements under P.D. No. 1096, the 1977 National Building
Code of the PH (NBCP) have also been similarly compartmentalized. The Architectural Team is
not the same as the Building Team that is both architectural and engineering (A&E) in scope. As
a result, it has become commonplace for building owners to separately commission teams of
architects (led by the Aor) and engineers to collaborate on a project. The arrangement seems
acceptable to all parties as the architects would not assume engineering professional
responsibilities and civil liabilities and vice versa. There are also greater checks and balances that
greatly benefit the building owner.
As per my research, BASIC SIMPLE PROJECTS/ STRUCTURES require only a basic designer to render the
overall services, (e.g. Designer Architect-of-record for Basic habitable structures or CE for basic civil engineering
structure and other engineers for other forms of basic structures or products). The service includes their main
services and its ancillary services (like in habitable structures, an architect-of-record/ AOR produces architectural
documents with its ancillary engineering documents of minor importance or basic repetitive engineering
requirements within the given exemption of PE Act).
2) In the PH, the Aor may or may not be the natural person directly producing the finalized architectural
documents (it can be other natural persons or a juridical person). However, the Aor must have directly
supervised the preparation of such documents before the Aor can lawfully sign and dry seal the same. We
do not have a natural person referred to as Professional Engineers (PEs) in the PH as we have a specific
State-regulated professional for each engineering discipline relating to buildings i.e. Civil/ Structural,
Electrical, Electronics, Mechanical. Sanitary Engineers, etc.
The prepared documents of an architectural projects whether engineering or architectural in methods are named
architectural documents not due to nature discipline but because these documents are supporting documents of
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a basic architectural projects prepared by architect: Note bridge and waterways have elevations, sections also
and some with perspectives that we locally defined as architectural documents. Since it is part of basic
engineering project, they are called engineering documents in general and are separated only when prepared by
specific discipline architect in collaborative services.
3) In the PH and by law, the term architectural documents specifically refer to a class of building plans/
designs and specifications that only a registered and licensed Architect (RLA) can lawfully sign and dry
seal, notwithstanding claims by other State-regulated professionals that they too are capable of producing
the same. Professional regulatory laws (PRLs) which are meant to limit professional practices to a specific
class of natural persons, clearly state the minimum qualifications of RLAs that only RLAs and no other
State-regulated professional can satisfy, among them being a BS Arch graduate and passing the licensure
examination for architects (LEA), which is all about buildings and their settings.
This basic designer assumes overall responsibilities and liabilities to the basic project. A single contact point of
design service for client and a basic professional fee is also a purpose, not unless the basic designer
recommended or commissioned a separate designer for a specific disciplines to handle a scope which is beyond
its basic engineering skills with a separate contract, fees and liabilities.
BASIC projects/ structures with a minor scope of work of other disciplines, a consultant (any of Architect/ Arch
Eng/ SE/CE/MEP may or may not necessarily work as designer) may be considered when a selected scope in
that particular discipline requires a professional advice of that specific consultant.
4) Architectural designers in the PH may assume some professional responsibility and/or civil liability for their
participation in the design effort BUT it is only the Aor (after having signed and dry-sealed the finalized
architectural documents) who shall be the PRIMARY natural person who can be held professional
responsible and/or civil liable for the architectural effort.
In COMPLEX or LARGE SCALE PROJECTS a consultant may not be enough as each scopes of works in other
disciplines of the project is now substantial that sole designer resources, capacity ,competence and basic
engineering can’t handle the tasks, A separate, specialized Designing engineers or Architects is now feasible to
work with the Basic designer with separate fee, contract and liabilities to work as one team of design
professionals headed by architect in habitable structures or by engineers in engineering structures. Other
consultants are still considered when necessary to help the design team when their expertise are required.
5) For complex or large-scale architectural projects in the PH, the responsibilities of the Consulting Architect
(CA) and the Architectural Team under the Aor are clear-cut. The CA may only contribute inputs ranging
from pre-design services (including site analyses, architectural programming and space planning) to
schematic design (massing concepts and blocking) to design development (code searches and minimum to
optimum compliances with local, national and international development controls such as physical planning
and building laws and standards, architectural interiors, acoustics, architectural lighting, specialty design for
restaurants, theaters, kitchens, parking systems, etc.) to contract documentation (tender documents writing,
technical specifications writing, quantity surveying, etc.) and even to allied design services (graphic design,
furniture design, interior design, landscape architecture design, etc. by other duly-qualified RAs), BUT the
overall architectural direction and effort is directed (if not dictated) by the Aor.
In local set up as introduced by our local law, a very simple project (architecture or engineering structures), our
practice does not separate the scope of works of discipline by structure category but rather by specialization in
disciplines of documents and methods of design which only considered in Complex projects where they are
feasible to work together. Our simple habitable structure with repetitive engineering solutions like 2-storey house
we have all 5 engineers not just a consultant but an individual designer to work with architect at the expense of
our basic architectural fee with so many character for client to deal with. That could have been the origin of public
confusion of who they should call when they build a simple house, an Architect? Or an Engineer.
In other state policies, there is only one basic designer as single character to work with client and contractor in
small projects( e.g Architect only for basic house or light commercial ,CE for basic civil roads and simple bridges
and Engineers for other engineering structures) and other designers come out of equation only when their scope
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in that project is so substantial that requires their individual design services and work together by their
specialization under the basic designer of the project as a prime designer.
This is the reason why some engineers are so skeptical of what an architect could really do and they thought that
we are all equal in habitable structures because we can’t work alone without them but they do their own
structures without architects. If these internationally updated model ever introduced prior to introducing R.A. No.
9266, they would have accepted R.A. No. 9266 earlier than losing everything in simple projects of architectural
structures.
6) Over the last 4 decades, the design of buildings in the PH has been heavily compartmentalized due to the
numerous professional regulatory laws (PRLs) that have carved up major professions like architecture and
civil engineering in the guise of specialization and globalization. As a direct result, the drawing and
permitting requirements under P.D. No. 1096, the 1977 National Building Code of the PH (NBCP) have also
been similarly compartmentalized. The Architectural Team is not the same as the Building Team that is both
architectural and engineering (A&E) in scope. As a result, it has become commonplace for building owners
to separately commission teams of architects (led by the Aor) and engineers to collaborate on a project. The
arrangement seems acceptable to all parties as the architects would not assume engineering professional
responsibilities and civil liabilities and vice versa. There are also greater checks and balances that greatly
benefit the building owner.
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Appendix “9”
Compilation of Various Posts on the NBCP and Its SoR and
Closely- Related Subjects (16 pages)
Since December 2012, the NBCP & its SoR are regularly discussed at these Fb chatgroups/ pages.
A. Fb Chatgroups :
Architecture Advocacy Intl Foundation (AAIF) - https://www.facebook.com/groups/1671287003010230/;
Architecture Advocacy Forum (AAF) - https://www.facebook.com/groups/308972792554829/;
aaif AEDES - https://www.facebook.com/groups/180376455641456/;
aaif AGORA - https://www.facebook.com/groups/416602522008321/;
B) Fb Pages :
National Building Code of the Philippines – NBCP - https://www.facebook.com/BuildingCode.Ph/;
Architecture Advocacy Forum – Ph - https://www.facebook.com/Architecture.Advocacy.Forum.ph/;
xxxxxxxxxxxx
A. May 12, 2014
WHEN A DEVELOPMENT/ BUILDING MAY NOT ACTUALLY BE CONSIDERED SUSTAINABLY
PLANNED/ DESIGNED:
1)
2)
3)
4)
5)
6)
7)
8)
When a building is OVER-BUILT i.e. exceeds the prescribed legal development potential of a lot
or the carrying capacity of the public domain through violations of applicable national and local
development controls such as setbacks/ yards, percentage of site occupancy (PSO), floor to lot
area ratio (FLAR), total gross floor area (TGFA) and gross floor area (GFA), building height limit
(BHL), allowable maximum volume of building (AMBV), incremental setbacks, basement level
setbacks (as applicable), off-street parking provisions, outermost limits of building projection
(OLBP), outermost face of building (OFB), angles from the road right-of-way (RROW) centerline
that determine OLBP/ OFB, prescriptions for introducing the proper amounts of natural light and
ventilation into the building interior, etc.;
When the grounds surrounding a building is OVER-PAVED i.e. exceeds the prescribed legal
limits for impervious surface area (ISA) and the maximum allowable construction area (MACA);
When there are NO trees, shrubs, plants or ground cover at the building grounds;
When slopes ABOVE eighteen percent (18%) i.e. identified as NOT legally buildable under Sec.
15 of the Forestry Code, a referral code (RC) of the NBCP, have been cut and filled for
construction;
When the RROW elements i.e. sidewalk and carriageway, and the open parking areas are
PAVED WITH CONCRETE;
When the development ENCROACHES on the mandated legal easement (MLE) reserved for
use as an open space/ buffer zone;
When the long axis of the building is oriented towards maximum sunlight (unless the intention is
to capture solar heat as a renewable energy option) and/or is oriented facing the destructive
southwest (SW) monsoon wind (the “habagat”);
When the building’s envelope largely consists of DARK-colored masonry or of clear/ lightly tinted
glass or of fixed/ NON-operable window panels;
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9)
When a building’s roof consists of a DARK-colored suspended slab or metal roof (particularly if
without roof insulation);
10) When the building operates with a high water and power consumption coupled with high solid
waste generation; The building or development DO NOT promote recycling and reuse of both
wastewater and solid waste or DO NOT promote rainwater harvesting;
11) When the operating building generates a very high traffic volume for extended hours;
12) When the development does NOT promote walking, biking or other non-motorized modes of
mobility;
13) When a building’s/ development’s construction and finishing materials all have very high stored
energy values;
14) When building activities or components create continual noise i.e. a public nuisance;
15) When a building casts an extended shadow (i.e. denial of sunlight) or reflects too much light onto
a neighboring property or building;
16) When the building’s fire exits, parking openings or windows are wrapped in opaque non-mobile
billboards (NMBs) and NMB frames; and
17) When very distinct opportunities to apply tropical design (including passive cooling techniques),
gender and design, design for persons with disabilities (PWD), design for the very young and the
elderly, etc. are all deliberately passed upon/ ignored by the building designer/ master planner.
xxxxxxxxxxxx
B. 2017
BUILDING SAFETY IS NEVER LIMITED TO JUST STRUCTURAL DESIGN
Buildings are the clearest manifestation of architectonics i.e. the science of planning and constructing
buildings
(www.Thesaurus.com);
the
scientific
study
of
architecture
(https://en.oxforddictionaries.com/definition/architectonic); a system of structure, not limited to building
supports but actually encompassing all of a building’s functioning parts to enhance its beneficial use for
human habitation i.e. the building’s primary purpose.
While the structural design of a building i.e. foundation, superstructure and roof support may be likened
to the building’s skeleton (i.e. an anatomical analogy), the architectural parts render the building’s overall
form, with the cladding/ envelope (as skin), stairs/ elevators/ escalators (as circulatory system), and with
the other engineering components making up the rest e.g. the electrical parts (as a different kind of
circulatory system), the electronic and automation portions (as the visual and auditory senses), the
mechanical portions (as part of a respiratory system) and the plumbing and wastewater systems (as
portions of a digestive system).
There is so much more to safety in buildings. The safety standard for building’s today already include
measures that must address concerns of fire and life safety, security and privacy, defensibility and acts
of terrorism, disasters and calamities, extreme events, climate change adaptation and mitigation, public
disorder and war, and the like.
While the role of the civil engineers are clear as to the matter of structural stability, let us also focus on
the other elements of building safety and on who are the State-regulated professionals responsible for
these i.e. based on a plethora of sub-professional and professional qualifications ranging from their
academic preparation, sub-professional training/ mentorship/ apprenticeship, scope of licensure
examination, professional regulatory law (PRL), certificate of professional practice, continuing
professional development (CPD), and the like, viz :
1) fire and life safety design (including evacuation calculations, fire escape locations/ sizing and
configuration, number and design, designated places of safety/ PoS and temporary refuge areas,
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2)
3)
smoke control systems, choices of base and finishing materials and their fire ratings, flame
spread characteristics, and the like, by Architects;
the correct application of an array of primary development controls (DCs) for lawfully sizing and
configuring buildings at their host sites/ grounds, and the like, mainly by the Architects; and
site analyses (checking of all site and environs-situated threats to life and property e.g. on-site
and off-site hazards); the building envelope/ cladding; the hierarchy and correct grouping of
spaces i.e. public, transitional, semi-public and private to fully protect building occupants from
exterior threats; design for accessibility; design for gender and age (so that women, the elderly
and the very young are safe while inside or immediately outside the building); the correct textures
(e.g. should not be slippery when wet, textures the cool the exterior of buildings, etc.); the correct
light reflectance (does not cause glare and momentary blindness); the correct orientation (does
not face the destructive prevailing wind); healthy buildings i.e. correctly space-planned/ volume
to ensure the proper amount of natural light and ventilation (to prevent micro-organism growth in
the enclosed spaces that can cause serious illness); proper lighting and outlet installations (to
prevent accidents); non-usage of toxic materials, substances and building products; correct stair
proportions to prevent missteps and falls (particularly at places of safe passage/ PSP such as
fire escapes); the correct heights of above-ground railings (to prevent falls); graphics for glass
surfaces (to prevent people from walking into glass doors); devices to ensure proper traction
when inside buildings; vehicle-pedestrian separators (bollards, railings, etc.); raised pedestrian
crossings; armored (defensive) curb design; concave mirrors at blind corners; security systems
and devices; directional signages and way-finding; graphic warning devices; and a plethora of
other physical planning and building design considerations, mainly architectural or architectonic
in nature; add to this operational, maintenance and occupational safety protocols during building
occupancy; generally, the foregoing are the concerns of Architects, Environmental Planners (who
are also physical planners) and specialist Electrical, Mechanical, Fire Safety, Safety, Automation
and Electronics Engineers.
Structural design mainly addresses a key part of the building design problem – the foundation and frame
(or skeleton) BUT it alone cannot save the building occupants from fire, explosion, waterborne objects
(e.g. Cagayan de Oro logs that destroyed buildings and killed people after storms), mudslides (Iloilo City,
also after a storm in recent memory), flood-storm surge-tsunami (Ondoy, 2009; Yolanda, 2013 and
Fukushima, Japan 2011), ashfall (Pinatubo, 1991), and similar extreme events, including massive
earthquakes (refer back to the 1990 Philippine experience when many buildings collapsed and cause
numerous deaths) or public disorder and ordnance for that matter (remember Marawi in 2017). Many of
these events may have been considered force majeure (naturally-occurring) BUT many more were manmade or man-induced/ caused, and are clearly in need of designers who can also design buildings
defensively by anticipating possible extreme events.
The Architects can add so much more to the above list of safety considerations in the planning and
design of buildings – which actually start with the correct space planning (based on space/ architectural
programming) and architectural researches, and the correct site planning and building siting/ orientation,
a critical skillset that may NOT actually be possessed by other PH (State)-regulated professionals. So,
when Clients think of safety in residences/ dwellings/ housing and all classes of buildings, they must
always think of the way people will use the building and think of the primary State-regulated
professional who knows how to properly plan and design buildings best – the Architects.
Clients must always remember that in the PH, Architects spent at least 7.5 years studying buildings
and their users (architectonics), the building setting and environs, as well as the plethora of primary
development controls (DCs) that bear upon the building plans/ designs, at the beginning of their careers
and they have never stopped studying buildings ever since. Thanks.
A. Possible areas of specialized practices for PH architects may now encompass :
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1)
2)
3)
4)
construction arbitration and mediation;
transaction advisory services for BOT, PPP, JV, ODA-funded and related project types;
pre-feasibility study (PFS)-feasibility study (FS) preparation;
master planning (with concept design) for airport-port-multi-modal-inter-modal-transit oriented
development (TOD)-planned unit development (PUD)- mixed use development (MXD)-land
reclamation-resettlement-land remediation;
5) design management services for large buildings/ facilities exceeding 100,000.0 sqm total gross
floor area (TGFA), including transportation projects e.g. railway systems (stations, terminals,
depots, property development, etc.);
6) independent consulting (IC) services where the architect’s main job is to ensure the integrity of the
project (and to protect it from all other competing interests, including client interests that may be in
conflict with the integrity of the project);
7) project and construction management (PCM) services;
8) sustainable design for sites and buildings;
9) fire and life safety strategization, design, regulation, execution and implementation/ enforcement;
10) authorship of technical materials/ information/ instructional activities (capacitation), and the like;
11) the interpretation, the pioneering application, and the implementation and enforcement of physical
planning and building laws/ regulations; and
12) the crafting of physical planning and building laws (and/or of professional regulatory laws/ PRLs),
and their streams of regulations (SoR) i.e. IRRs, guidelines, standards, procedural manuals,
compilations (or crafting) of referral codes (RCs), derivative regulations (DRs), technical references
(TRs), interpretations, and compendiums of annotated case studies, unchallenged decisions and
jurisprudence, and the like, all pertaining to the professional practice of architecture on PH soil.
B. More on highly-specialized practices for PH architects :
1) heritage conservation;
2) space planning and management (SPM);
3) architectural interiors (AI);
4) tropical design (sites and buildings);
5) urban development and design (UDD);
6) graphic design, signages and wayfinding (sites and buildings);
7) accessibility design;
8) housing and settlements;
9) land and property administration/ management;
10) site traffic and site/ building parking design and management;
11) architectural production and contract documentation (including the preparation of technical
specifications, bill of quantities/ BoQ, detailed cost estimates (DCE), tender documents, and the
like;
12) contract preparation and administration (including the filing for claims, alternative dispute resolution/
ADR and litigation on behalf of parties and the enforcement of decisions/ awards);
13) fire and life safety strategization, design, regulation, execution and implementation/ enforcement;
14) the interpretation, the pioneering application, and the implementation and enforcement of physical
planning and building laws/ regulations (a private or public office);
15) comparative assessments of international planning, building and professional laws/ regulations and
standards (and their suppletory application to Philippine conditions/ projects);
16) design-build services (DBS);
17) authorship of technical materials/ information/ instructionals, and the like;
18) architectural photography and publication;
19) general architecture advocacy (including legislative-executive lobby work);
20) architectural instruction (academe, mentorship, CPD, LEA review, etc.);
21) architectural and building research and development (R&D); and
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22) general architectural advisory and consulting services.
C. Still More on Highly-Specialized Practices and Hopefully Continuing Professional Development
(CPD)-Creditable Professional Work Experiences (PWE) for Philippine/ PH Architects (random
listing):
1) space and architectural programming;
2) acoustic and lighting design;
3) stage design;
4) architectural plan, design and contract documents review (including fire and life safety review);
5) architectural support services (scale model-making, 3D visulaization/ rendering;
6) BIM;
7) custom architectural planning & design for various building types:
a) industrial-manufacturing-storage-logistics facility;
b) hospitality i.e. hotels, resorts, etc.;
c) MICE i.e. meetings, incentives, conventions & expositions facilities, etc.;
d) healthcare (hospitals, health centers, trauma centers, research, etc.);
e) secure facility i.e. detention, police-military, mints, banks, etc.);
f) condominiums (all types);
g) institutional facilities i.e. schools, churches, religious facilities, museums, orphanages,
convents, etc.;
h) malls & commercial complexes;
i) telecommunications and broadcast facilities;
j) sports and competition complexes (including race courses, golf courses, etc.);
k) transporattion facilities (all types);
l) custom residential design;
8) public buildings;
9) monumental architecture (large scale, commemorative buildings & structures);
10) architectural design of civil works i.e. roads, bridges, tollways facilities, etc.;
11) building and building performance audits, forensic architecture, building operations and usage
review;
12) operational simulation of building or facility operation, building evacuation study;
13) architectural finish & material performance evaluation e.g. weathering & staining patterns, etc.;
14) fire insurance adjuster;
15) architectural and engineering design coordination;
16) sick building analysis;
17) public art;
18) conduct of space planning surveys and analyses (a primary data gathering activity), space-timemotion studies;
19) architectural office management;
20) building renovation-expansion-rehabilitation-retrofit;
21) fit-out;
22) expert witness i.e. in litigation concerning professional practice, physical planning and building
laws, construction and development;
23) comparative anthropometrics;
24) cladding design;
25) architectural credentials evaluation and certification;
26) procurement of architectural services and construction;
27) code-compliant non-mobile billboards design;
28) preparation or review of architectural researches e.g. cast shadow, cladding-reflected light & heat
(and their legal, medical & psychological effects); fire rating/ flame spread, smoke-generation
characteristics of common architectural finishes (including PVC panels & doors), non-slip finishes
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for architectural interiors in hot-humid climates; standards for special users (pregnant women, the
elderly, very young children, midgets, PWDs, CCA-compliant and DRRM-compliant architectural
designs, and the like;
29) preparation of building operational & maintenance (O&M) guidelines/ manuals;
30) commercial kitchen design;
31) communications design for majpr architectural or infrastructure projects;;
32) pavement and pavement marking design;
33) resaerch design for architectural projects;
34) architectural hardware and fixture design;
35) architectural software design and application;
36) advance architecture i.e. freeform, 4D & 5D buildings, underwater, subsurface, surface water,
frozen sites, platforms, hostile environments (sub-zero temperatures, volcanic locations and similar
sites with very high near-ground ambient temperatures, high-flood and tsunami-prone areas,
conflict zones, areas frequented by extreme events (such as frequent earthquakes, etc.), middle to
upper atmosphere, outer space, and the like;
37) private dispute resolution e.g. relating to unethical and illegal practices, fraud in construction &
development, and the like;
38) structural conceptualization;
39) architectural practices for dual licensees
a) furniture & furnishing concepts, design and manufacturing (if the architect is also a PHregistered interior designer);
b) process design (if the architect is also an industrial or a PH-registered mechanical engineer);
c) construction, including structural design (if the architect is also a PH-registered civil engineer
and DTI-CIAP-PCAB-registered constructor);
d) crafting of comprehensive land-water-air-subsurface use plans (CLWASUPs) and zoning
ordinances (ZOs, including official zoning mas/ OZMs) and ZO implementing rules &
regulations/ IRRs (if the architect is also a registered environmental planner/ EnP);
e) legislation work and/or litigation relating to professional practices, physical planing & building
laws/ regulations, construction, development, etc. (if the architect is also a lawyer or a
construction arbitrator/ mediator);
40) historical & archaeological architecture (documentation & as-built plan preparation);
41) digital conversion-storage-archiving-retrieval of hand-drawn or dated architectural documents;
42) preservation of dated architectural documents e.g. ruling pen on parchment, etc.;
43) architectonics (including structural and utility design);
44) commercial arbitration; and
45) third party project management of contracted research or consulting service contracts.
D. Additional Materials on Highly-Specialized Practices and Hopefully CPD-Creditable Professional
Work Experiences (PWE) for Philippine/ PH Architects (random listing):
1) Architecture for Very Tall Buildings (above 60 storeys);
2) Building Transportation Systems i.e. elevators, escalators, walkalators, moving ramps, conveyor
systems, dumb waiters, funiculars, stairs (all types), etc.;
3) Adaptive Reuse;
4) Government Service (technological civil service);
5) Architectural or Technological Practice Regulation (public and private/ self-regulation);
6) Design of Architectural Instruction Programs
a) CPD courses;
b) Baccalaureate, graduate and post-graduate curricula;
7) More on Custom Architectural Designs
a) Large assembly places (of more than 25,000 in attendance/ spectators);
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b) palaces;
c) temples;
8) More on Practices
a) International/ cross-border practice (4 modes);
b) Collaborative practice;
9) Architectural organizations, trends, movements and styles;
10) Architectural Anthropology (a contribution by a colleague);
11) Comparative architectural literature;
12) CSR for Architects/ Architectural Firms;
13) Materials identification-documentation-cataloguing;
14) Architectural critiquing;
15) Architectural competitions;
16) Architectural economics;
17) Architecture and the Law
a) Professional responsibility;
b) Civil liability;
c) Litigation & jurisprudence;
d) Legislation;
e) Executive action;
f) Advocacy (persuasive);
g) Militancy (forcing the issue on matters of public accountability and the rule of law);
18) Architecture Information Dissemination and Media
a) Publications & Periodicals;
b) Broadcast;
c) Social Media Platforms;
19) Styled Architecture
a) Indigenous;
b) Eclectic;
c) Integrative;
d) Steel & Metal (including pipe, mesh, wrought/ cast iron, etc.);
e) Ornamental;
f) Defensive/ Defensible;
g) Oriental;
h) Mobile;
i) Interactive;
j) Geometric;
k) Assembly/ Component/ Modular;
20) Architectural Imaging, Positioning, Branding & Marketing;
21) Architecture as a Major Part of the Humanities (the 7 Arts);
22) Non-Conventional and Alternative Building/ Finishing Materials and Technologies (including the
promotion on the use of Materials with Low Embodied Energy);
23) More on Dual (or Multiple) Licensees
a) Urban design and street furniture design (if the Architect is also a PH-registered landscape
architect);
b) Development master planning, including planning for the public domain (if the Architect is also
a PH-registered environmental planner); and
c) Architecture as a Major Enhancer for real estate services (may require that the Architect also
be a broker, appraiser or consultant).
24) Advanced Technologies for Building Design and Physical Planning :
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a)
for structural conceptualization, please also look at Hidax-R seismic strengthening (using
Cabkoma strands made of resin and carbon fiber), compliant with Japanese Industrial
standards/ JIS), this works on both new and heritage structures; and
b) area rain technology for underground structures (originated by Tokyo Denki University), on
trial stage as urban area flood countermeasure, especially for buildings at submerged areas,
sited near waterways, or in constant danger of flash-floods.
25) The Architect as a Resource Person i.e. a fountainhead of knowledge to be shared. Thanks.
E. At Least Fifty (50) Post-Licensure Learnings in Building Planning and Design That NON-Architects
Visibly Fail to Undertake - Learnings that are Material to the Proper Planning and Design of
Buildings and Their Sites
a)
Fire and Life Safety Design ( to encompass, fire-ratings, flame spread, evacuation
calculations, sizing of exits and stairways, determination of refuge zones/ spaces,
etc.);
b)
Interpretations of the multiple provisions of P.D. No. 1096, the 1977 National
Building Code of the Philippines (NBCP), specifically Rules VII, VIII and XII of the
2004 Revised implementing rules and regulations (IRR) of the NBCP;
c)
Interpretations of the multiple provisions of R.A. No. 9514, the 2008 Fire Code of the
Philippines (FCP) and its latest IRR;
d)
The Philippine Green Building Code (PGBC);
e)
Volume 6 of the 2015 DPWH Design Guidelines, Criteria and Standards (DGCS) on
Buildings and Other Related Structures;
f)
The pertinent provisions under R.A. No. 386, the 1949 Civil Code;
g)
Professional Regulatory Laws (PRLs);
h)
Accessibility Design;
i)
Gender Design;
j)
Design for the Elderly, the Very Young and Children;
k)
Specific Design Regimens for Health Care, Education, Correctional, Secure, Civic
and Related Institutional Facilities;
l)
Architectural conservation, preservation, restoration and adaptive reuse;
m) Architectural interiors,
n)
Space planning and management;
o)
Urban Design;
p)
Carpentry, Millwork, Tinsmithry, Metalwork and Masonry work;
q)
Technical Specifications writing;
r)
Physical and Site Planning/ Subdivision Planning, Transportation Facility Planning,
Land Reclamation Planning, etc.;
s)
Development of Architectural Service Marketing Collateral, including branding
exercises;
t)
Housing Research and Development;
u)
Alternative Building Materials and Technologies Research and Deevlopment;
v)
Legislation and Rule-making relating to Architectural Planning and Design of
Buildings and Sites;
w) International Building Codes;
x)
International Fire Codes;
y)
Architectural Planning and Design Trends Worldwide;
z)
Architectural Instruction;
aa) WTO-GATS and borderless professional architectural practices;
bb) Local Government Codes and Other Governance Codes (including Anti-Graft and
Corrupt Practices Laws) as the same apply to physical planning and building design;
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cc)
dd)
The Plethora of Philippine Environmental Laws and Sustainable Design Practices;
The Array of Philippine National and Local Development Controls that Specifically
apply to the physical planning and design of sites and buildings;
ee) The Appreciation and Application of LGU Zoning Ordinances (ZOs) and related
Special Ordinances (SOs);
ff)
Public Speaking and Project Presentations;
gg) Architectural Service Proposal and Contract Crafting and Architectural
Correspondence;
hh) Drafting and Filing of Administrative Complaints to be Lodged at PH Regulatory
Agencies;
ii)
Architectural Practices and Regulations/ Regulatory Frameworks in Other Countries
(including the ASEAN Architect and APEC Architect norms);
jj)
Equivalencies in Architectural Education and Qualifications (including the Canberra
Accord);
kk) Property/ Real Estate laws and regulations;
ll)
2009 Standards of Professional Practice (SPP) for Architects;
mm) 2016 Architects’ Guidelines;
nn) 2000 Architectural Code of the Philippines (ACP);
oo) Resolutions Promulgated by the PRC and PRBoA with respect to the regulation of
architectural practice on PH soil;
pp) Alternative dispute resolution (ADR) for architects;
qq) Time and Motion Studies (TMS);
rr) Architectural Estimate Preparation;
ss) Allied Architectural professions and their resective roles in the project team; and
tt)
Fulltime and Periodic Construction Supervision (FCS/ PCS) for Architects.
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C. 2017
STRUCTURAL DESIGN ALONE CANNOT (AND SHOULD NOT) BE EQUATED WITH BUILDING
SAFETY
Structural design only considers and solves a key part of the building design problem – the frame (or
skeleton) BUT it alone cannot save the building occupants from fire, explosion, waterborne objects
(Cagayan de Oro logs that destroyed buildings and killed people), mudslides (Iloilo City in recent
memory), flood-storm surge-tsunami (Ondoy, 2009; Yolanda, 2013 and Fukushima, 2013?), ashfall
(Pinatubo, 1991), and similar extreme events, including massive earthquakes (look back to the 1990
Philippine experience when many buildings collapsed and cause numerous deaths) or public disorder
and ordnance for that matter (remember Marawi in 2017?). Many of these events may have been
considered force majeure (naturally-occurring) BUT many more were man-made or man-induced/
caused.
There is so much more to safety in buildings.
Please consider the following : fire and life safety design (including evacuation calculations, fire escape
locations, number and design, designated refuge areas, smoke control systems, choices of base and
finishing materials and their fire ratings, flame spread characteristics, etc., site analyses (checking of all
site and environs-situated threats to life and property), the building envelope, the hierarchy and correct
grouping of spaces i.e. public, transitional, semi-public and private to fully protect building occupants
from exterior threats, design for accessibility, design for gender and age (so that women, the elderly
and the very young are safe while inside or immediately outside the building), the correct textures (e.g.
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should not be slippery when wet, etc.), the correct light reflectance (does not cause glare and
momentary blindness), the correct orientation (does not face the destructive prevailing wind), healthy
buildings i.e. correctly space-planned/ volume to ensure the proper amount of natural light and
ventilation (to prevent micro-organism growth in the enclosed spaces that can cause serious illness),
proper lighting and outlet installations (to prevent accidents), non-usage of toxic materials, substances
and building products, correct stair proportions to prevent missteps and falls, the correct heights of
above-ground railings (to prevent falls), graphics for glass surfaces (to prevent people from walking into
glass doors), devices to ensure proper traction when inside buildings, vehicle-pedestrian separators
(bollards, railings, etc.), raised pedestrian crossings, armored (defensive) curb design, concave mirrors
at blind corners, security systems and devices, directional signages, way-finding, graphic warning
devices, and a plethora of other physical planning and building design considerations, mainly
architectural or architectonic in nature. Add to this operational, maintenance and occupational safety
protocols during building occupancy.
The Architects can add so much more to the above. So, when You think of safety in residences,
housing and all classes of buildings, think of the way You and other people will use the building and
think of the primary State-regulated professional who knows how to properly plan and design buildings
– the Architects – remember that they spent at least 7.5 years studying buildings at the beginning of
their careers and they never stopped studying buildings ever since. Thanks.
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D. 7 May 2017
CORPORATE SOCIAL RESPONSIBILITY (CSR) IN AN ARCHITECTURAL OFFICE/ PRACTICE
An architectural firm's/ architect’s implementation of CSR goes BEYOND mere compliance with law i.e.
it calls for a much higher level of compliance through a voluntary or willful/ conscious decision to do much
more good for society/ community and the architectural profession in general but also for clients, industry
partners and the employees in particular. CSR most accepted definition relates to "actions that appear to
further some social good, beyond the interests of the firm and that which is required by law".
CSR may involve professional, environmental and related advocacies, the promotion of gender equality
and the use of employees who are persons with disabilities (PWDs) or senior citizens, the pro bono
rendition of professional services for the needy, and the like e.g. professional or financial assistance
extended to the arts, education, housing, health, social welfare and the environment, among others, but
specifically excluding political contributions or commercial sponsorships.
The CSR aim is to attain certain levels of profit through positive public relations (good projection of the
architects’ importance and role in society) and high ethical standards to reduce business, professional
and legal risks by taking full responsibility for actions taken i.e. not shirking professional responsibility or
civil liability when something wrong happens, especially if the firm’s past actions could be part of the
reasons for such an event.
The highest form of CSR for an architectural firm/architect is in its upholding of the client’s interest above
its/his/her own, and in holding supervening/superior public interest above both the client’s and the
architectural firm’s/ architect’s interests. This is best expressed through optimized, if not maximized
compliance with the 2 key “bibles” of architectural practice i.e. R.A. No. 9266 and P.D. No. 1096 (the
1977 NBCP), and all of their derivative rules and regulations. Thanks.
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E. 17 March 2018
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BFP FIRE SAFETY CLEARANCE (FSEC)
Prior to Building Permit application/ approval/ issuance is the process of securing the Fire Safety
Clearance (FSEC) from the Bureau of Fire Protection (BFP, through the Office of the LGU Fire Marshal)
and under R.A. No. 9514 (the 2008 Fire Code of the Philippines/ FCP, a referral code/ RC of P.D. No.
1096, the 1977 NBCP). The BFP is the actual entity responsible for both the Passive and Active Fire
Protection of the building project. It is the BFP that checks the building plans, specifically the
architectural plans, so once FSEC is issued, the LGU Office of the Building Office (OBO) MUST concur.
As to the use of fire-rated glass blocks on firewalls, there is NO specific provision in the 2009 IRR of the
FCP other than its required fire rating i.e. at least 2hrs fire rating/ resistance regardless of the base
material of the glass blocks.
Compliance with the FCP and its IRR is the responsibility/ under the jurisdiction of the BFP and all matters
related to fire safety are under the BFP.
The OBO’s responsibility is only the NBCP and is therefore not technically qualified to make a separate
decision on a matter already reviewed and approved by the BFP, particularly if such is NOT based on a
provision of the NBCP.
Such is an excellent qualification and distinction as to the functions of the BFP (LGU Fire Marshal) and
the LGU OBO. There is also already a legal precedent in a recent Ombudsman case which established
that matters relating to fire safety of a building or building project (and to the effects of non-compliance
with such laws and regulations) are squarely within the responsibility of the BFP (Fire Marshal) and NOT
of the OBO. Thanks.
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F. 28 March 2018
WHO IS THE TRUE REPRESENTATIVE OF THE BUILDING OWNER (BO) AND OF SUCH A BO’s
INTERESTS?
1) THE CONSTRUCTOR (CONTRACTOR)? Most certainly NOT! The Constructor can NEVER be
considered a representative of the Owner. Construction is a business for profit (it has never
been considered a professional service since 1975, when the Philippine (PH) Professional
Regulation Commission (PRC) removed constructing from the roster of State-regulated
professions – because it is clearly a business for PROFIT – it was never really undertaken for
public service.
Since then, it has been under the PH Department of Trade and Industry (DTI), specifically under
the PH Constructors Accreditation Board (PCAB) of the DTI Construction Industry Authority of the
PH (CIAP). As such, the Constructor’s motivation is seen mainly as profit or some other form of
self-benefit. The Constructor supposedly signs an iron-clad contract (construction agreement) with
the building Owner because its interests are DIAMETRICALLY OPPOSED to those of the Building
Owner. Ergo, the Constructor can NEVER represent the interests of the Building Owner; in
instances wherein the Constructor is also the Designer of the Building i.e. Design-Build Services
(DBS) PH engineering DBS model (in sharp contrast to the PH architecture DBS model where
there is NO Contractor), the more the Engineering-DBS entity MUST NOT represent the Building
Owner’s interest as there is apparently NO check and balance mechanism.
2) THE CONSTRUCTION MANAGER (CM)? Perhaps, BUT maybe NOT. The CM’s job is mainly to
oversee the Constructor’s fidelity to/ compliance with the Designer-issued plans and specifications
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i.e. in the areas of cost/ time (resource) and quality control; oftentimes, the CM is called upon to
arbitrate disputes among the parties i.e. Constructor and its subcontractors/ suppliers, the building
designers, the building owner and even the Government entities involved; sometimes however,
the building Owner’s interests are compromised simply because the situation is resolved with
dispute avoidance in mind, rather than dispute resolution to protect the Building Owner’s interest;
the common CM stand/ notion that they have NO professional liability under the law is grossly
misplaced i.e. while the CM is not specifically mentioned in Article 1723 of R.A. No. 386, the 1949
New Civil Code of the PH, their covering professional regulatory laws (PRLs, such as R.A. No.
9266 in the case of PH architects and R.A. No. 544, as amended by R.A. No. 1582 in the case of
civil engineers), make them professionally responsible for their acts/ non-acts/ possible
professional incompetence, while their service contracts stipulate their civil liabilities. CM entities
who fully understand the applicability of the foregoing are also going to take steps to protect
themselves first and the Building Owner’s only next in line, when serious questions about the
Project do come up. In many construction-related cases (between Building Owners and
Constructors), CMs sometimes prove to be the most difficult to locate (as they probably believe
they did not sign up for this part of the job). For building Owners, hiring CMs (through service
agreements), it may be best to ensure their presence at construction-related litigation or arbitration
or mediation) in addition to other standard clauses that shall ensure that the CM shall always act
in the protection of the Building Owner/ BO’s interests e.g. indemnification clause (for after all, the
BO is the one who pays for the CM’s services). THUS, the CM may also NOT be the ideal Owner’s
representative;
3) THE BUILDING DESIGNERS (ARCHITECTS AND ENGINEERS)? MAYBE but it is also NOT a
firm guarantee that the Designers will work for/ always defend the Building Owner’s interests. After
all, the Building Designers will first look at protecting their own interests, particularly when
questions/ concerns about professional responsibility and/or civil liability come up. PH Architects
are however constantly reminded that their 2006 Code of Ethical Conduct (part of the IRR of R.A.
No. 9266) mandates that they look after (and hold) the Building Owner (as Client)’s interest ABOVE
their own interests; for building Owners hiring Designers (through service agreements), it may also
be best to ensure their presence at construction-related litigation or arbitration or mediation) in
addition to other standard clauses that shall ensure that the Designers shall always act in the
protection of the Building Owner/ BO’s interests e.g. indemnification clause (for after all, the BO is
also the one who pays for the Designer’s services).and
4) THE PROJECT MANAGER (PM)? YES, MOST DEFINITELY AS THE PM IS THE TRUE
REPRESENTATIVE OF THE BUILDING OWNER AND HIS/ HER/ ITS INTERESTS. The PM must
be on board the Building Project from its very inception through its occupancy, operation and
maintenance (O&M) and oversees/ closely monitors the actions of the Constructor/ the entire
construction team including the CM and the Building Designers/ the entire Design team including
outsourced consultants; The PM helps the Building Owner/ BO make decisions pertaining to
budgets/ resource allocations, timetables, marketing and sales/ leases (as applicable), operations
and maintenance (O&M) and perhaps even startup building administration activities, and various
other legal-related matters (including possible mediation, arbitration and litigation); the PM shares
with the BO all of the confidential matters pertaining to the building project and recommends action
on such (as called for); for building Owners hiring PMs (through service agreements), it may also
be best to ensure their presence at construction-related litigation or arbitration or mediation) in
addition to other standard clauses that shall ensure that the PM MUST always act in the protection
of the BO’s interests e.g. indemnification clause (for after all, the BO is the one who pays for the
PM’s services). For PH Architects, PM services are also detailed in their 2010 Standards of
Professional Practice (SPP, which is part of the IRR of R.A. No. 9266). Thanks.
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G. 18 Apr 21 (Sat)
THE PH ARCHITECT/ BUILDING DESIGNER’S CIVIL LIABILITY MAY NOT END ON YEAR FIFTEEN
(15), PARTICULARLY IF SOMETHING UNTOWARD HAPPENS TO THE BUILDING (OR TO ANY OF
ITS PARTS) OR IF SOMEBODY GETS PHYSICALLY HURT DUE TO TRACEABLE DESIGN FAULTS,
AT ANYTIME DURING THE FIFTEENTH (15TH) YEAR.
THE PREJUDICED/ INJURED PARTY CAN STILL FILE A CIVIL COMPLAINT (TO RECOVER
DAMAGES) AGAINST THE ARCHITECT/ DESIGNER AT ANYTIME DURING THE NEXT TEN (10)
YEARS (YEARS 16 THROUGH 25).
If the design engineers of a building that failed are under the direct employ of the Architect, the Architect
can be held civilly liable. As such, it is always good practice for design engineers to be independently
commissioned (contracted) by the building owner so that their civil liability is not passed on to the
Architect. In cases of total building collapse (requiring full replacement of the building), both the Architect/
Building Designer and the Constructor may be held equally liable for the cost of the building replacement.
The PH Architect’s civil liability as stated under the PH new (1949) Civil Code (R.A. No. 386) is set out
under Art. 1723 of said law, viz:
“Article 1723. THE ENGINEER OR ARCHITECT WHO DREW UP THE PLANS AND SPECIFICATIONS
FOR A BUILDING IS LIABLE FOR DAMAGES IF WITHIN FIFTEEN YEARS FROM THE COMPLETION
OF THE STRUCTURE, THE SAME SHOULD COLLAPSE BY REASON OF A DEFECT IN THOSE
PLANS AND SPECIFICATIONS, OR DUE TO THE DEFECTS IN THE GROUND. The contractor is
likewise responsible for the damages if the edifice falls, within the same period, on account of defects in
the construction or the use of materials of inferior quality furnished by him, or due to any violation of the
terms of the contract. IF THE ENGINEER OR ARCHITECT SUPERVISES THE CONSTRUCTION, HE
SHALL BE SOLIDARILY LIABLE WITH THE CONTRACTOR.
Acceptance of the building, after completion, DOES NOT imply waiver of any of the cause of action by
reason of any defect mentioned in the preceding paragraph.
The ACTION MUST BE BROUGHT WITHIN TEN YEARS FOLLOWING THE COLLAPSE OF THE
BUILDING. (n)”
xxxxxxxxxxxx
H. 12 September 2018
In response to official inquiries made by the accredited organization of architects (UAP) to the DILG
Bureau of Fire Protection (BFP), the BFP has drawn up a new resolution changing the name of
FALAR as follows:
1) FALAR 1 (prepared by Designers) into Fire Safety Compliance Report (FSCR) to be
submitted for building permit application purposes;
2) FALAR 2 (prepared by Constructors) into Fire Safety Compliance & Commissioning Report
(FSCCR) to be submitted for occupancy permit application purposes; and
3) FALAR 3 (prepared by Building Administrators) into Fire Safety Maintenance Report
(FSMR) to be submitted for regular (annual) fire safety inspection purposes.
We are trying to get hold of an e-copy of this BFP resolution (but there is yet no assurance we can
get it).
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The REVISED implementing rules and regulations (R-IRR) prepared by the BFP may also be released
by October 2018, which may call for the re-implementation of the FALAR system as the FSCR-FSCCR
& FSMR.
xxxxxxxxxxxx
I.
6 January 2019
ALTRUISM
A Message from Arch. Armando N. Alli (as delivered by Arch. Anna May Timbol)
for the CAVALIERS Event of 6 January 2019, Makati City, NCR
New Year greetings!
As I cannot be with You at this time, I have requested that Arch. Anna May Timbol deliver this message
to You on this auspicious and opportune Cavaliers’ milestone, also marking the start of a new and
potentially event-filled year.
Over the last decade, I have often thought about delivering a message on the subject of altruism or
selflessness and I feel that I now have to take advantage of this event to bring to the surface such a
timely message, as I have often also thought that the Filipinos of yesteryears (stretching from the late
1800s through the late 1940s) were probably much better in character than the Filipinos of today.
Oftentimes, we wonder why our neighboring Asian nations have moved forward by leaps and bounds
over the last half-century while our nation apparently remains content as an onlooker, or sometimes even
an indifferent outsider, at one time in the lead, but now at the tail-end of the race to economic progress.
There is actually no secret in their success, as their peoples have lived the true concept of nationhood,
of oneness, of selflessness, of self-discipline, sense of purpose, and most importantly, of genuine love of
country.
It all starts with the individual. That individual, whatever his station in life, must possess certain traits, the
most important being his genuine concern for his family, his community and his country, innate traits that
can only beget selflessness and altruism.
Altruism has been invariably defined as the belief in or practice of disinterested and selfless concern for
the well-being of others; as the unselfish regard for or devotion to the welfare of others; as the behavior
of a natural person that benefits another/ others at his/her own expense; as the behavior by a person that
is not beneficial to or may be harmful to him/ herself but that benefits others i.e. sacrificing oneself for the
benefit of the community; as the attitude of caring about others and doing acts that help them although
one does not get anything by doing such acts; as when we act to promote someone else's welfare, even
at a risk or cost to ourselves; and as the principle or practice of concern for the welfare of others.
Altruism also means holding wrongdoers accountable, or even effecting a time for reckoning or restitution,
as such activities also put the individual at some, if not at greater risk. Altruism may also embrace later
reconciliation, but only after the passing of time and the acknowledgement and rectification of past
mistakes or wrongdoing.
Altruism may involve advocacy for a cause and may also foray into extremes such as militant action
(using the fabric of the law, and actions taken or contemplated within the ambit of the laws of the land),
but never radicalism (which goes beyond the law and which espouses violence).
When the AAIF was formed in 2002, altruism was at its very core, and we saw the same in the
CAVALIERS in 2018, and that is why the AAIF is one with CAVALIERS. Both organizations have focused
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on rectifying the plethora of ills that plague the architectural profession, an array of clearly wrong
situations that have been allowed to fester since the late 1970s, and that have remained unchecked 4
decades later, including but not limited to:
1) the unrestrained illegal practice of architecture by non-qualified persons (both natural and
juridical), including other State-regulated professionals, despite the existence of a valid and
subsisting law i.e. R.A. No. 9266, which has been in full effect for nearly 15 years;
2) the organization that claims to be the IAPOA (but is apparently in clear affront of the law on
several points) i.e. an organization that apparently does not even believe in the efficacy and
innate power of R.A. No. 9266 itself;
3) the matter of the 30,000 plus registered architects who are not represented in the supposed
IAPOA, and for which no programs have been prepared by the supposed IAPOA for the last
decade;
4) the quality and direction of architecture instruction (including CPD) and institutions; and
5) several other key issues, including the nearly wholesale violations of, and repeal of the NBCP,
the 2nd bible of practice of Philippine architects.
While the AAIF (a foundation) has been quite occupied with architecture advocacy work over the last
16 years, mainly in the areas of legislation and rule-making (and may we add, even professional
regulation over the years 2007-2012, by extension), the AAIF is extremely elated that the CAVALIERS
(as a professional organization) have taken matters a step further, knocking at the doors of architecture
militancy, by clearly calling out the violations of law, and directly calling the attention of the very agencies
that are supposed to implement and enforce such laws.
In conclusion, let me just state that the architectural profession and community are but microcosms of
the Philippine nation, a nation that is in constant struggle with itself, something that is potentially deeply
rooted in the many character flaws of its present-day citizens (where the term “bayanihan” is already
deemed foreign), ultimately in their calibrated inability to distinguish right from wrong, their cultivated
hesitation to hold wrongdoers accountable, their jaded lack of concern for their fellowmen, and their abject
lack of love for their nation.
If both the AAIF and the CAVALIERS are successful at realizing their common objectives, then there will
indeed be some meaningful changes in the immediately foreseeable future, at least for the architectural
profession and community. For the architectural profession, the CAVALIERS have blazed an entirely new
and sequential trail, that of public accountability, and hopefully reckoning and subsequent rectification,
all precursors to the eventual reconciliation of the supposed united (but actually divergent) architectural
community.
Mabuhay ang CAVALIERS!
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J. 8 May 2019
ON THE MORE STRINGENT RUN DISTANCES TO EMERGENCY EXITS
Greetings, everyone.
This concerns the comparisons between the provisions under the 2008 Fire Code of the Philippines
(FCP, otherwise known as R.A. No. 9514) and the 1977 National Building Code of the Philippines
(NBCP, otherwise known as P.D. No. 1096).
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The authority having jurisdiction (AHJ) over the FCP is the LGU Fire Marshal (locally) and the Bureau
of Fire Protection/ BFP Fire Chief under the DILG (nationally) while the local-level AHJ for the NBCP is
the Local Building Official/ LBO who is deputized by the DPWH Secretary (in his capacity as the
national building official/ NBO).
The FCP is also regarded as a referral code (RC) of the NBCP, which is currently interpreted,
implemented and enforced by the DPWH.
Under Philippine law, the relationship between the FCP (a special and later law) and the NBCP (i.e.
a general and earlier law insofar as the FCP is concerned) is that the special law must prevail over the
general law and that the later law must also prevail over the earlier law. On both counts therefore, the
FCP should prevail, theoretically that is.
We also note here that the NBCP is only a framework of minimum building standards which can be
readily superseded by a special, later or even a local-level law (ordinance) or official interpretation that
calls for a provision that is more stringent (stricter) than the minimum standards called for under the
NBCP.
However in the case of run distances, it is NOT ONLY a matter of stringency but also a matter
of safety i.e. an extra meter may mean an extra 1.5 to 2.5 steps for a person during an emergency
situation and will only serve to further delay such a person's progress to reach a place/ point of safety
(PoS i.e. a fire exit door), the place of safe passage (PSP, the fire/ emergency escape stairs). and the
place of ultimate safety (PUS, an open space well outside the building e.g. street/ road right-of-way/
RROW).
For areas without sprinkler, the prescribed run distance of 46 meters (m) under the FCP is indeed more
stringent (as it requires an extra run distance of 1 m) BUT the 45 m under the NBCP is the safer run
distance. The LGU Fire Marshal's contention that 46 m is more stringent than the NBCP is true BUT it
is NOT safer. To make the 46 m FCP run distance safer than the 45 m NBCP provision, the FCP run
distance should actually be reduced to less than 45 m.
For areas with sprinkler, the prescribed run distance of 61 meters (m) under the FCP is indeed more
stringent (again, as it requires an extra run distance of 1 m) BUT the 60 m under the NBCP is the safer
run distance. The LGU Fire Marshal's contention that 46 m is more stringent than the NBCP is true BUT
it is NOT the safer option. To make the 61 m FCP run distance safer than the 60 m NBCP provision, the
FCP run distance should actually be reduced to less than 60 m.
In any event, the LGU Fire Marshal is the AHJ locally on FCP matters BUT these matters could not be
left for decision by a local-level AHJ alone. As such, the same should be communicated by the DoTr for
resolution, directly to national-level AHJs i.e. both the BFP Fire Chief (under the DILG Secretary) and
the DPWH Secretary (in his capacity as the NBO).
Nonetheless, all of the above may also need to be thoroughly discussed with the local-level AHJs i.e.
LGU Fire Marshals concerned (to also seek their concurrence). If they will not agree, then the matter
has to be elevated immediately to the national-level AHJs. Thank You.
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Appendix “10”
2007 PRBoA Official & Disseminated Position on
Architectural Documents (18 pages)
Professional Regulatory Board of Architecture (PRBoA)
Professional Regulation Commission (PRC)
www.architectureboard.ph
POSITION PAPER (PART II) OF THE PROFESSIONAL REGULATORY
BOARD OF ARCHITECTURE (PRBOA) AS TO THE MATTER OF WHICH
REGULATED TECHNOLOGICAL PROFESSIONAL MUST PREPARE, SIGN
AND SEAL ARCHITECTURAL DOCUMENTS
26 March 2007
______________________________________________________________________
A dispute that has raged for over a half century continues to this very day. To put it simply,
should Philippine Civil Engineers (hereinafter the “CEs”) be allowed to prepare, sign and
seal architectural documents?
1.
What are architectural documents?
Generally speaking, the term architectural documents refer to architectural plans,
designs, specifications and related documents normally prepared by Architects registered
and licensed under Philippine law. Architectural documents form the most important part
of any set of building plans which ordinarily include several classes of “derivative” plans/
designs.
By “derivative” plans/ designs, what is meant is that all the other types of “building”
plans/ designs, particularly all the classes of engineering plans/ layouts/ designs, can
commence only after the architectural plans and designs have been sufficiently evolved
and refined. The architectural plans/ designs largely determine the content of all the
subsequent or derivative plans/ layouts/ designs required to produce a complete set of
“building” plans/ designs and documents.
The following are universally recognized as standard architectural documents or
deliverables/ outputs prepared, signed and sealed by Architects in the Philippine setting:
1)
exterior perspective (a drawing showing the completed building/ structure);
2)
site development plan (showing the relationships between the property and
the footprint and roof-print of a building/ structure and which may already
include locations for both hard and soft landscape architectural elements and
civil works elements like perimeter walls, roads, driveways and parking spaces);
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3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
floor plans (drawings showing the physical arrangement and relationships of
of the spaces to be built and forming part of the building or structure);
sections (longitudinal and cross; drawings showing the interior of the building/
structure including the roof cavity if present);
elevations (drawings showing the front, right side, rear and left side views of
the building/ structure once completed);
reflected ceiling plans (drawings showing the arrangement of ceiling finishing
elements);
roof plans (drawings showing the type of roof solution specified, including
provisions for drainage);
schedules of doors and windows (drawings showing the detailed designs
and finishing of all specified doors and windows);
schedules of finishes, fixtures and hardware (tables showing all finishing
items to be introduced into the building/ structure);
detailed architectural designs [drawings showing details of both the
architectural exterior and interiors, fire exit/ safety systems (including exits in
full compliance with the provisions of PD 1185, otherwise known as the Fire
Code of the Philippines), floor and wall patterns, ceiling treatment, roof
structure, toilets, kitchens, cabinetry, store and utility rooms, rooms with special
functions, stairs, balconies, provisions for disabled end-users (in full
accordance with BP 344, the law on the enhancement of mobility for disabled
persons), architectural interior (AI) perspectives and the like];
space plans and furniture/ equipment layouts (drawings showing fixed
elements/ furnishings, furniture and equipment positions with respect to the
building/ structure elements);
architectural specifications (documents which state the finishing materials/
equipment and construction methods to be introduced into the building/
structure; such documents may vary from outline through detailed technical
versions);
architectural cost estimates (documents which state the cost of the
architectural elements of a building/ structure; such documents from budgetary
through detailed versions);
architectural tender (bid) documents (written part of the architectural
documents required to bid a building project); and
architectural contract documents (written part of the architectural documents
detailing the rights, obligations and roles/ responsibilities/ obligations/ liabilities
of the building/ project owner, the professionals involved in the planning and
design of the building, the general contractor and its subcontractors/ material
suppliers, the project/ construction managers and other parties involved in the
building/ project; these architectural documents, together with other such
documents prepared by other professionals, are annexed to the main
construction contract between the building owner and the general contractor).
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2.
What are “building” plans/ designs and documents?
Generally speaking, there are two main classes of documents that make up the “building”
plans:
1) architectural and allied plans/ designs and related documents to be prepared only
by registered/ licensed architects pursuant to multiple provisions under R.A. No.
9266 (Architecture Act of 2004); and
2) various engineering plans/ designs and related documents to be prepared only by
various registered/ licensed engineers pursuant to provisions under various
engineering laws.
There are also between 5 - 12 components or groups of documents that make up a
complete set of building plans/ designs and related documents and these are:
1) geodetic survey plans to be prepared only by registered/ licensed geodetic
engineers in accordance with specific laws covering the practice of geodetic
engineering in the Philippines;
2) architectural plans/ designs/ specifications as enumerated in the previous
section and which are to be prepared only by registered/ licensed Architects in
accordance with specific laws covering the practice of architecture in the
Philippines (mainly RA 9266, its IRR and derivative regulations);
3) structural plans/ designs/ specifications/ computations to be prepared generally
by registered/ licensed CEs in accordance with specific laws covering the practice
of civil engineering in the Philippines (mainly RA 544); specialist CEs called
structural engineers are often called upon by Architects to undertake the
preparation of such plans/ designs;
4) electrical plans/ layouts, designs, specifications and computations to be prepared
only by registered/ licensed electrical engineers in accordance with specific laws
covering the practice of electrical engineering in the Philippines;
5) mechanical plans/ layouts, designs and specifications [including heating/
ventilation and air-conditioning (HVAC), elevators/ escalators, fire protection
system, etc.] to be prepared only by registered/ licensed mechanical engineers in
accordance with specific laws covering the practice of mechanical engineering in
the Philippines;
6) plumbing and/ or sanitary plans/ layouts, designs and specifications to be
prepared only by registered/ licensed master plumbers or sanitary engineers in
accordance with specific laws covering the separate practice of master plumbing
or sanitary engineering in the Philippines;
7) electronics & communications plans/ layouts, designs and specifications to be
prepared only by registered/ licensed electronics and communications engineers
(ECEs) in accordance with specific laws covering the practice of electronics and
communications engineering (ECE) in the Philippines;
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8) allied plans/ layouts, designs and specifications (including interior designs,
furniture designs, landscape architecture designs, etc.) to be prepared only by
registered/ licensed professionals in accordance with specific laws covering the
practice of their respective professions in the Philippines (as applicable);
9) civil works plans, designs and specifications to be prepared only by registered/
licensed civil engineers in accordance with specific laws covering the practice of
civil engineering in the Philippines (RA544);
10) specialized plans, designs and specifications for other required building systems,
e.g., kitchen, security, parking management, building automation, information and
communications technology (ICT), graphics and signage designs, refrigeration,
etc. to be prepared only by registered/ licensed professionals in accordance with
specific laws covering the practice of their respective professions in the Philippines;
11) cost estimates to be prepared only by registered/ licensed professionals in
accordance with specific laws covering the practice of their respective professions
in the Philippines;
12) tender (bid) documents to be prepared only by the concerned professionals in
accordance with specific laws covering the practice of their respective professions
in the Philippines; and
13) contract documents for use as support documents to the construction contract,
to be prepared only by the concerned in accordance with specific laws covering the
practice of their respective professions in the Philippines.
3.
What is R.A. No. 9266 and what does it say about the practice of
Architecture?
The law covering the practice of the profession of architecture in the Philippines include
Republic Act (R.A.) No. 9266 (The Architecture Act of 2004) and its Implementing
Rules and Regulations (IRR). The earlier versions of the law were R.A. No. 545 (the
organic law on architecture approved in 1950) and R.A. No. 1581 (amended to the 1950
architecture law introduced in 1956).
The important R.A. No. 9266 provisions are as follows:
3.1
On Architecture in General
SEC. 2. Statement of Policy. - The (Philippine) State recognizes the
importance of architects in nation building and development. Hence, it shall
develop and nurture competent, virtuous, productive and well-rounded
professional architects whose standards of practice and service shall be
excellent, qualitative, world-class and globally competitive through inviolable,
honest, effective and credible licensure examinations and through regulatory
measures, programs and activities that foster their professional growth and
development.
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SEC. 3. Definition of Terms. - As used in this Act (R.A. No. 9266), the following
terms shall be defined as follows:
(1)
"Architecture" is the art, science or profession of planning,
designing and constructing buildings in their totality taking into
account their environment, in accordance with the principles of
utility, strength and beauty;
(2)
"Architect" means a person professionally and academically
qualified, registered and licensed under this Act with a Certificate
of Registration and Professional Identification Card issued by the
Professional Regulatory Board (PRB or “Board”)) of Architecture
and the Professional Regulation Commission (PRC), and who is
responsible for advocating the fair and sustainable development,
welfare and cultural expression of society’s habitat in terms of
space, forms and historical context;
(a)
"Architect-of-record" means the architect registered and
licensed under this Act, who is directly and professionally
responsible for the total design of the project for the client
and who shall assume the civil liability for the plans,
specifications and contract documents he/she has signed
and sealed;
(3) "General Practice of Architecture" means the act of planning and
architectural designing, structural conceptualization, specifying,
supervising and giving general administration and responsible
direction to the erection, enlargement or alterations of buildings
and building environments and architectural design in
engineering structures or any part thereof; the scientific,
aesthetic and orderly coordination of all the processes which
enter into the production of a complete building or structure
performed through the medium of unbiased preliminary studies
of plans, consultations, specifications, conferences, evaluations,
investigations, contract documents and oral advice and
directions regardless of whether the persons engaged in such
practice are residents of the Philippines or have their principal
office or place of business in this country or another territory, and
regardless of whether such persons are performing one or all
these duties, or whether such duties are performed in person or
as the directing head of an office or organization performing
them;
(4)
"Scope of the Practice of Architecture" encompasses the
provision of professional services in connection with site,
physical and planning and the design, construction, enlargement,
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3.2
conservation, renovation, remodeling, restoration or alteration of
a building or group of buildings. XXX . . . XXX;
On Prohibitions in the Practice of Architecture by Non-Architects
SEC. 29. Prohibition in the Practice of Architecture and Penal Clause. - Any
person who shall practice or offer to practice architecture in the Philippines without
being registered/licensed and who are not holders of temporary or special permits
in accordance with the provisions of this Act XXX . . . XXX or otherwise assume,
use or advertise any title or description tending to convey the impression that
he/she is an architect when he/she is not an architect, or any person whether
Filipino or foreigner, who knowingly allows the use, adoption, implementation of
plans, designs or specifications made by any person, firm, partnership or company
not duly licensed to engage in the practice of architecture, or any person who shall
violate any of the provisions of this Act, its implementing rules and regulations, the
Code of Ethical Conduct and Standards of Professional Practice, or any policy of
the Board and the Commission, shall be guilty of misdemeanor and charged in
court by the Commission and shall, upon conviction be sentenced to a fine of not
less than One hundred thousand pesos (Pl00,000.00) but not more than Five
million pesos (P5,000,000.00) or to suffer imprisonment for a period not less than
six (6) months or not exceeding six (6) years, or both, at the discretion of the Court.
SEC. 34. Non-Registered Person Shall Not Claim Equivalent Service. - Persons
not registered as an architect shall not claim nor represent either services or work
as equivalent to those of a duly qualified registered architect, or that they are
qualified for any branch or function of architectural practice, even though no form
of the title "Architect" is used.
SEC. 36. Collection of Professional Fees. - It shall be unlawful for any
unregistered person to collect a fee for architectural services except as an
employee collecting a fee as representative of a Registered Architect.
4.
What does R.A. No. 9266 say about architectural documents?
4.1
R.A. No. 9266 Stipulation that only an Architect shall Sign and Seal
Architectural Documents
SEC. 20. Seal, Issuance and Use of Seal. - A duly licensed architect shall affix
the seal prescribed by the Board bearing the registrant's name, registration number
and title "Architect" on all architectural plans, drawings, specifications and all
other contract documents prepared by or under his/her direct supervision.
(2)
No officer or employee of this Republic, chartered cities,
provinces and municipalities, now or hereafter charged with
the enforcement of laws, ordinances or regulations relating to the
construction or alteration of buildings, shall accept or approve
any architectural plans or specifications which have not
been prepared and submitted in full accord with all the
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(5)
provisions of this Act (R.A. No. 9266); nor shall any payments
be approved by any such officer for any work, the plans and
specifications for which have not been so prepared and signed
and sealed by the author (referring to a registered/ licensed
architect).
All architectural plans, designs, specifications, drawings
and architectural documents relative to the construction of
a building shall bear the seal and signature only of an
architect registered and licensed under this Act together with
his/her professional identification card number and the date of its
expiration.
SEC. 32. Signing of Architectural Plans, Specifications and Other Contract
Documents. - XXX . . . and it shall be unlawful for any person, except the
Architect-of-record to sign for any branch of the work, or any function or
architectural practice, not actually performed by him/her. The Architect-of-record
shall be fully responsible for all architectural plans, specifications, and other
documents issued under his/her seal or authorized signature.
The Board shall make all the necessary rules and regulations with regards to
the signing and sealing of drawings, specifications, reports, and other documents.
SEC. 44. Enforcement of the Act. - It shall be the primary duty of the
(Professional Regulation) Commission and the Board (of Architecture) to
effectively enforce the provisions of this Act (R.A. No. 9266). All duly
constituted law enforcement agencies and officers of national, provincial, city or
municipal government or of any political subdivision thereof, shall, upon the call or
request of the Commission or the Board, render assistance in enforcing the
provisions of this Act and to prosecute any person violating the provisions of the
same. The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal assistance
as may be necessary in carrying out the provisions of this Act.
Any person may bring before the Commission, Board or the aforementioned
officers of the law, cases of illegal practice or violations of this Act committed by
any person or party.
The Board shall assist the Commission in filing the appropriate charges through
the concerned prosecution office in accordance with law and the Rules of Court.
Multiple provisions under R.A. No. 9266 which took effect 10 April 2004 and its IRR which
took effect 01 December 2004, state that only registered/ licensed Architects can prepare
architectural documents.
4.2
Applicable Definitions Under the R.A. No. 9266 Implementing Rules and
Regulations (IRR)
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Applicable definitions under the IRR of R.A. No. 9266 which was published 15 November
2004 in Volume 100 No. 46 of the Official Gazette and which took effect 01 December
2004, are as follows:
SEC. 3. Definition of Terms.
(18)
(21)
(22)
(26)
“Architectural Documents” means architectural drawings,
specifications, and other outputs of an Architect that only an
Architect can sign and seal consisting, among others of vicinity
maps, site development plans, architectural program,
perspective drawings, architectural floor plans, elevations,
sections, ceiling plans, schedules, detailed drawings, technical
specifications and cost estimates, and other instruments of
service in any form.
“Architectural
Plans”
means
two
(2)-dimensional
representations reflecting a proposed development/
redevelopment of an enclosed/ semi-enclosed or open area
showing features or elements such as columns, walls, partitions,
ceiling, stairs, doors, windows, floors, roof, room designation,
door and window callouts, the architectural layout of equipment,
furnishing, furniture and the like, specifications, callouts,
elevation references, drawing references and the like; the
architectural plan is the representation of a lateral section for a
building/ structure (running parallel to the ground) and at a height
of from 1.0 – 1.5 meters above the finished floor; the term may
also collectively refer to other architectural designs such as
cross/ longitudinal sections, elevations, roof plan, reflected
ceiling plan; detailed sections and elevations showing
architectural interiors, detailed architectural designs, door and
window schedules, other architectural finishing schedules and
the like.
“Building” means a structure for the purpose and function of
habitation and other uses.
“Contract Documents” are the documents attached to the
agreement identified therein as Contract Documents, including
all additions, deletions and modifications incorporated therein.
These generally include the following documents:
a) Special Provisions or conditions
b) General Conditions
c) Drawings
d) Specifications
e) Other Bid Documents
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4.3
Applicable R.A. No. 9266 IRR Stipulations on Architectural Documents
The IRR of RA 9266 fully support all the key provisions of RA 9266 limiting the preparation,
signing and sealing of architectural documents only to Architects registered/ licensed
under the law, i.e., Sections 3, 20, 29, 32, 34, 36, etc. as well as all the key provisions
mandating all government employees and officers (national and LGU levels) to enforce
RA 9266, i.e., Sec.20(2), 44, etc.
5.
What does the 2004 Revised IRR of P.D. No. 1096 (1977 National Building
Code of the Philippines/ NBCP) say about architectural documents?
5.1
Stipulation that only an Architect shall Sign and Seal Architectural
Documents Under Sec. 302.3 (subject of the questioned court-issued
injunction dated 24 May 2005)
SEC. 302. Application for Permits.
1.
2.
3.
Any person desiring to obtain a building permit XXX . . . XXX shall file
applications therefore on the prescribed application forms.
XXX . . . XXX
Five (5) sets of survey plans, design plans and specifications and other
documents prepared, signed and sealed over the printed names of
the duly licensed and registered professionals:
a.
XXX . . . XXX;
b.
Architect, in case of architectural documents; in case of
architectural interior/ interior design documents, either an
architect or interior designer may sign;
c.
Civil Engineer, in case of civil/ structural documents;
d.
XXX . . . XXX.
Listing of Architectural Documents Under Sec. 302.4 (subject of the questioned
court-issued injunction dated 24 May 2005)
Following is a list of architectural documents appearing under Sec. 302.4 of the
Revised IRR of P.D. No. 1096 which took effect 02 May 2005. The definitions are
omitted for brevity.
4.
Architectural Documents
a.
Architectural Plans/ Drawings
i. Vicinity Map/ Location Plan . . . XXX.
ii. Site Development Plan . . . XXX.
iii. Perspective . . . XXX.
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iv. Floor Plans . . . XXX.
v. Elevations, at least four (4) . . . XXX.
vi. Sections, at least two (2) . . . XXX.
vii. Reflected Ceiling Plan . . . XXX.
viii. Details, in the form of plans, elevations/ sections:
1. XXX
2. XXX
ix. Schedule of Doors and Windows . . . XXX.
x. Schedule of Finishes . . . XXX.
xi. Details of Other Major Architectural Elements.
b.
c.
d.
e.
f.
6.
Architectural Interiors/ Interior Design
i. Space Plan/s or layout/s of architectural interiors.
ii. Architectural interior perspective/s.
iii. Furniture/ furnishing/ equipment/ process layout/s.
iv. Access plan/s, parking plan/s and the like
v. Detail design of major architectural interior elements.
vi. Plan and layout of interior, wall partitions, furnishing, furniture,
equipment/ appliances . . . XXX.
vii. Interior wall elevations . . . XXX.
viii. Floor/ ceiling/ wall patterns and finishing details . . . XXX.
ix. List of materials used.
x. Cost estimates.
Plans and specific locations of all accessibility facilities . . . XXX.
Detailed design of all such accessibility facilities outside and around
buildings/ structures . . . XXX.
Fire Safety Documents
i.
XXX
ii.
XXX
Other related documents.
What has the Government done to Address the CE claim that they too can
prepare architectural documents?
The CEs are of the position that the provision under the 1977 National Building Code or
NBC (otherwise known as P.D. No. 1096) supposedly allowing CEs by themselves to also
sign and seal architectural plans and specifications should be retained i.e. status quo.
This supposed/ alleged provision never existed as confirmed by officially certified
documents issued by the Malacañang Records Office i.e. Sec. 302 of the 1977 P.D. No.
1096 as signed in February 1977 by then President Ferdinand E. Marcos; as such, it could
not be revised nor amended by mere executive issuances such as the supposed DPWTC
Ministry Order No. 57, a mere executive issuance which does not have the power of law
nor the power to amend P.D. No. 1096. The matter of this ‘illegal insertion” in P.D. No.
1096 supposedly allowing CEs to prepare, sign and seal architectural documents was
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therefore corrected under Secs. 302.3 and 302.4 of the 2004 Revised Implementing Rules
and Regulations (IRR) of the 1977 National Building Code of the Philippines (NBCP),
which was fully harmonized with R.A. No. 9266, and which took effect 01 May 2005.
Compared to the special professional laws, R.A. No. 9266 and R.A. No. 1582, the 1977
NBCP (P.D. No. 1096) is a general law. Sections 302.3 and 302.4, while the subject of
an injunction issued by the court on the basis of potential misrepresentations and the
incorrect invocation of legal bases, aside from completely ignoring laws on the practice of
architecture, is merely a listing of documents required to support an application for
a building permit application. The questioned sections do not cover specifically cover
the matter of regulated professional practice i.e. covered by R.A. No. 9266 for Architects
and R.A. No. 1582 (the amended R.A. No. 544 of the CEs).
Prior to R.A. No. 9266’s approval, the Department of Justice (DoJ) upon the CEs’
representation with the DPWH in late 2003, conducted a close scrutiny of the civil
engineering law (R.A. No. 544, as amended by R.A. No. 1581) and compared the same
with the organic and amended architecture laws (R.A. No. 545/ R.A. No. 1581). The DoJ
comparison resulted in a very interesting and decades-overdue interpretation that clearly
and unequivocably stated that only Architects shall sign and seal architectural
documents. The DoJ opinion should have finally settled the CEs’ long-held claim once and
for all i.e. that CEs by themselves are supposedly allowed under Philippine law to prepare,
sign and seal architectural documents. Both the DoJ legal opinion dated 09 January
2004 and the multiple provisions of R.A. No. 9266 have thereafter been used as the legal
bases for harmonizing Secs. 302.3 and 302.4 under the 2004 Revised IRR of the 1977
NBC (P.D. No. 1096).
CEs by themselves cannot prepare, sign and seal architectural documents as nowhere
is it stated in their law (R.A. No. 1581/ R.A. No. 544) that they are allowed to prepare such
documents. Neither is it stated under their law that they can prepare, sign and seal other
types of engineering deliverables e.g. mechanical, electrical, ECE plans/ designs/
specifications, etc. although these likewise form part of “building“ plans. In fact, the major
amendatory provision under Sec. 25 of R.A. No. 1582 explicitly segregates the practices
and liabilities of the CE and the Architect in a project/ firm.
The term “plans and specifications” in R.A. No. 1582/ R.A. No. 544 pertains mainly to civil
engineering services (including “buildings” forming part of engineering structures) and
quite possibly even for buildings for public gatherings only but not/ never to architectural
plans and designs for all other types of buildings nor to architectural and other recognized
engineering services for that matter. R.A. No. 9266, a special law, also repeals provisions
in their laws that are in conflict with R.A. No. 9266. Hence, CEs by themselves cannot
and must not sign and seal architectural plans, designs and specifications.
The Philippine CE license was never and will never be a license to practice the two
(2) regulated professions of civil engineering and architecture! Nor are CEs allowed
by their law to practice other regulated professions allied to architecture (interior
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design, landscape architecture, environmental planning) nor other regulated
engineering professions!
7.
Are CEs qualified at all to prepare architectural documents?
When CEs gain the right to practice civil engineering after passing their licensure
examination, their license does not cover architectural practice as nowhere in the
subjects of their licensure examination is architectural plan preparation and design
included. Contrast this with the Architecture Licensure Examination (ALE), which is is
one hundred percent (100%) about the planning and design of buildings and their
environs. The same cannot be said about the CE licensure examinations where the
structural design for buildings is only a fraction of the total subjects for examination.
In all likelihood, Philippine CEs would not have a single academic unit of architecture in
their 181-unit course and quite possibly a maximum of only 14 units (7.7% of total courses
taken) touching on structural design of buildings/ structures. In stark contrast, the B.S.
Architecture graduate would have taken at least seventy seven (77) academic units of
mainstream architecture courses aside from another twenty seven (27) units in the
engineering and allied design fields (for a total of 104 units or 57.5% of the B.S.
Architecture course devoted exclusively to the planning and design of buildings and their
environs).
Unlike architecture graduates, the graduate CE students also do not undergo a two (2)year apprenticeship period under practicing Architects (covering building plan and
design preparation) prior to taking their Architecture Licensure Examination (ALE).
All told, Philippine CEs fail to satisfy the three (3) elemental requisites to practice
architecture in the Philippines: 1) a B.S. Architecture degree; 2) a two (2)-year immersion
in diversified training related to the architectural planning, design and construction of
buildings; and 3) an Architect’s Certificate of Registration and a renewable license all
issued by the Professional Regulation Commission (PRC after aspiring architects hurdle
the ALE.
Philippine CEs have therefore not been academically prepared, have not been subprofessionally trained/ prepared (for 2 full years prior to taking the ALE) and have not
passed the State licensure examination for Architects. Clearly, CEs by themselves are not
qualified under law to prepare, sign and seal architectural documents nor to render any
regulated form of architectural services.
8.
What training and skillset are required to prepare architectural documents?
The following are universally recognized as standard architectural documents or
deliverables/ outputs prepared, signed and sealed by Architects in the Philippine setting
and the minimum training and skillset required to prepare such documents:
1)
exterior perspective requires a lecture course in manual perspective drawing
and subsequent training in applicable software;
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2)
3)
4)
5)
6)
9.
site development plan requires up to six (6) lecture courses on physical
planning and subsequent training in applicable software;
floor plans, sections, elevations, reflected ceiling plans, roof plans,
schedules of doors and windows, schedules of finishes, fixtures and
hardware and the like requires parts of up to ten (10) full laboratory courses
plus up to twelve (12) lecture courses in pre-design preparation and
architectural plan and design preparation and subsequent training in applicable
software plus a mandatory two (2)-year diversified training;
detailed architectural designs and full compliances with P.D. No. 1096
(NBCP), P.D. No. 1185 (Fire Code of the Philippines/ FCP) and B.P. Blg.
344 (Law on the Mobility of Disabled Persons) and their respective IRRs
requires parts of up to ten (10) full laboratory courses plus up to twelve (12)
lecture courses in pre-design preparation and architectural plan and design
preparation and subsequent training in applicable software plus a mandatory
two (2)-year diversified training;
space plans and furniture/ equipment layouts, architectural specifications,
architectural cost estimates require parts of up to twelve (12) lecture courses,
subsequent training in applicable software plus a mandatory two (2)-year
diversified training; and
architectural tender (bid) documents, architectural contract documents
require parts of up to twelve (12) lecture courses and subsequent training in
applicable software plus a mandatory two (2)-year diversified training.
Why should Architects be the only regulated professionals to prepare, sign
and seal architectural documents?
Multiple provisions under the 2004 Architecture Act (Republic Act or R.A. No. 9266)
are very clear in stating that only registered/ licensed Architects shall sign and seal any
and all architectural plans, specifications and related contract documents (there are no ifs
and buts and those who persist in the illegal practice of architecture must be ready to face
the consequences under said law). Under Section 29, the penalties may range from PhP
One Hundred Thousand (P100,000.00) to PhP Five Million (P5,000,000.00) or
imprisonment of from six (6) months to six (6) six years or a combination of both.
The structural design of buildings is a specific subject in the architecture licensure
examination (ALE) where examinees are required to compute sizes and reinforcements
of the structural elements in a building. Therefore, those who pass the ALE have also
gained the legal and inalienable right to prepare structural plans and designs, basically for
small buildings/ structures (say 1 – 4 or 5 storeys). Yet in a modus vivendi with the CEs
(apparently in exchange for CE support for R.A. No. 9266), the official representatives of
Philippine Architects agreed to limit the Architects’ work to architectural plan/ design
preparation and to do mere conceptual structural design i.e. where the Architects shall
only indicate or suggest the locations and architectural configurations of structural
supports, reserving the structural computations, structural design analysis and structural
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drawings to CEs or the specialist CEs i.e. structural engineers. This agreement was
apparently intended to sustain the harmonious relationship among regulated professionals
so that there shall be no more overlapping of roles in the building trade and construction
industry.
While this arrangement has already been enshrined in R.A. No. 9266 i.e. the Architects
gave up structural design of small buildings/ structures, many CEs still maintain their
desire to practice architecture by preparing, signing and sealing architectural documents.
If the Architects agree to what the said CEs want, the Architects would have lost their right
to practice limited structural design in exchange for nothing.
The intention of R.A. No. 1582/ R.A. No. 544 and R.A. No. 1581/ R.A. No. 545 is clear in
that civil structures (or buildings of a purely engineering nature) and some buildings for
public gatherings are for registered/ licensed CEs to plan and design (excluding
architectural plan and design preparation) while other structures, particularly buildings
which are settings for various indoor-outdoor human (or other) activities and which require
the academic orientation, the sub-professional training and the professional
expertise/ knowhow of Architects, are solely for registered/ licensed Architects to plan
and design. Again, nowhere is it stated in either law that CEs by themselves can prepare
architectural plans, designs, specifications and related contract documents.
10.
What does it take to become an Architect in the Philippines?
The preparation of architectural plans, designs and specifications require stock
knowledge and high-value skillsets of a broad menu of architectural specializations
that are first taught and learned only in architectural schools, to wit:
1) the arts and humanities for architecture students;
2) the social sciences for architecture students;
3) space planning/ management;
4) anthropometrics;
5) metrication;
6) architectural and site programming (including space-time-motion studies);
7) architectural elements and composition (including scale and proportion);
8) architectural concepts, practices and history;
9) architectural design theories (including the psychology of space);
10) the use and psychology of color;
11) tropical and environmental design;
12) international graphic and design standards for architecture and site planning
(including knowledge of architectural drafting conventions/ techniques);
13) building types;
14) architectonics and structural design for buildings;
15) architectural specification writing (specifically including the type/ quality/
behavior/ appropriateness of finishing materials/ processes);
16) architectural interiors;
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17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
architectural lighting and acoustics;
end-user security and safety;
planning and building laws;
site development planning;
urban design;
building utility systems;
project coordination (which requires a broad understanding of allied professional
services including all the engineering disciplines related to building design/
interior design/ landscape architecture/ environmental planning);
contract documentation;
architectural ethics and responsibilities of the architect;
visualization/ perspective/ rendering/ model construction and presentation
techniques;
the language of architecture and architectural drawing/ drafting;
professional laws and ethics;
design for disabled persons; and
a host of other specializations and sub-specializations which Philippine CEs do
not possess simply because they were never trained nor officially examined by
the state to become Architects.
It was never easy becoming an Architect in the Philippines because the aspiring
architecture student/ graduate must study/ train to be an Architect and at the same time
understand the work of engineers and allied professionals i.e. to someday become the
master builder (the English translation of the ancient Greek word “architekton”), the one,
true and prime building professional and the official representative/ protector of the
Clients’ interests.
Philippine Architects have also not been trained nor are they allowed under R.A. No. 9266
(and earlier architecture laws) to be Contractors/ Developers and that is why their loyalty
to their Clients, to the upholding of public interest and to their profession and their
professional ethics largely remain unquestioned.
11.
What is the effect of allowing CEs to sign and seal architectural documents?
While it is much faster to become a CE in this country, i.e., possibly more than ninety
thousand (90,000) registered/ licensed CEs as compared to only twenty two thousand
(22,000) registered/ licensed Architects to date, said situation does not mean that
registered/ licensed CEs can also practice as registered/ licensed Architects simply
because of their vastly superior number and the implied capability to service more clients.
It only means that CEs outnumber Architects because it is so much faster (and requires
less material resources) to become a registered/ licensed CE than to become a registered/
licensed Architect in the Philippines. Again however, we have to stress the fact that the
three (3) primary requirements under R.A. No. 545/ R.A. No. 1581 and R.A. No. 9266 for
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one to qualify for practice as an Architect are qualifications which CEs simply do not
possess.
The many thousands of CEs moonlighting as Architects and the assumption of the Offices
of the Municipal/ City Engineers of the functions of the Office of the Building Official since
1991 by virtue of the implementation of R.A. No. 7160 (the Local Government Code) are
two (2) of the major causes of the generally poor quality of Philippine building and
housing plans/ designs since such CEs may not completely comprehend and may not be
competent to do the work of registered/ licensed Architects and yet they continue to
practice as ”Architects”/ and approve architectural documents prepared, signed and
sealed by CEs under their very mistaken belief that their CE law (R.A. No. 1582/ R.A.
No. 544) allows them to prepare architectural documents i.e. the primary component of
the practice of architecture as defined under all architectural laws passed from 1950
through 2004.
Interestingly, the acknowledged father of both R.A. No. 7160 and R.A. No. 9266, the good
Senator Aquilino Q. Pimentel, Jr., has consistently maintained the primacy and sole
vested right of the Architects to the acts of preparing, signing and sealing architectural
documents.
Among the common practices violative of the National Building Code of the Philippines
(P.D. No. 1096) and that are generally ascribed to some CEs, quite possibly due to their
apparent lack of understanding of architecture and environmental/ urban design are : 1)
windows on firewalls; 2) non-compliance with setback and yard requirements; 3) inclusion
or appropriation of portions of public areas such as sidewalks in the completed
construction project; 4) constricted parking and driveway/ ramp spaces if these are
provided at all; 5) non-application of tropical design and environmentally-enhancing/
mitigating features for buildings and grounds (including the absolute lack or destruction of
trees or plant material and the general lack of open, unpaved ground that allows for
surface water percolation); 6) construction outside property limits; 7) poor finishing
material selection/ specification resulting in physical damage to property or discomfort to
end-users; 8) lack of properly-planned fire escape systems; 9) poorly positioned/ sited or
poorly sized/ proportioned signages or signage structures that cause distraction, urban
blight and pose a constant danger to the general public; and 10) a host of other common
violations.
Many CEs practicing architecture are also apparently quite deficient in their knowledge of
the provisions of B.P. Blg. 344 (Accessibility Law) which mandates plan/ design provisions
for the disabled sector, both inside and outside buildings/ structures and of the required
compliances with the Fire Code of the PH (P.D. No. 1185).
Such commonplace violations should not be foisted on the unsuspecting public whose
very lives are potentially compromised by allowing such CEs to sign and seal improperly
prepared architectural documents without the benefit of a registered Architect’s
participation/ scrutiny.
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12.
What should be the resolution of the issue?
The irregular and potentially illegal practice of Philippine CEs preparing, signing
and sealing architectural documents (plans, designs, specifications, etc.) must end
now! It is not only the prudent thing to do but it shall be consistent with the 2004
DoJ opinion and with the multiple provisions under R.A. No. 9266 (The Architecture
Act of 2004) and its IRR.
The National Building Code of the Philippines (P.D. No. 1096) is also a general (and
older) law that must defer to the stipulations of the specific (and more recent/
special) law i.e. R.A. No. 9266. Moreover, R.A. No. 1582/ R.A. No. 544 (The Civil
Engineering law) is a 50- to 54-year old law and may not anymore be attuned to the
requirements of modern-day building projects, which have become more complex
and therefore requires very specialized skill sets from the engaged regulated
professionals.
After more than a half century, laws have finally been harmonized to correct the
perennial injustice suffered by Philippine Architects. The three (3) branches of the
Philippine government have already spoken clearly and unequivocably in aid of the
Architects i.e. that only Architects shall prepare, sign and seal architectural
documents. These are: 1) the legislative and executive branches through R.A. No.
9266, 2) the executive branch through the IRR of R.A. No. 9266 (effective 10 Dec
2004), the 2004 Revised IRR of P.D. No. 1096 (effective 01 May 2005), various new
laws pertaining to the procurement of architectural services for public sector
projects and the January 2004 DoJ legal opinion; and 3) the judiciary through the
recent QC RTC order dismissing the claim of some CEs that they too can sign and
seal architectural documents.
Philippine Architects have always respected the profession of civil engineering and
Philippine CEs. However, what some CEs have for the profession of Architecture
and for Philippine Architects now appears to be much less than respect. Philippine
CEs and Architects can co-exist and continue to collaborate but such a coexistence should be based on mutual respect and compliance with the dictates of
law.
In fact, in a project setting, the Architects only demand that they prepare, sign and
seal architectural documents in full conformity with Philippine law. The CEs are free
to do all of the other activities in a project setting ranging from structural to civil
works engineering plan/ design preparation to actual project implementation where
the CEs either function as the constructor, sub-constructor or as the project or
construction manager.
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The CEs have no other excuse except their bullheadedness and misguided notion
that they are the “prime professional” for buildings. Architectural documents are
the primary components of the building plan as everything else is derived from the
architectural plan/ design. There is clearly no overlap in practice. The supposed
overlap only exists in the minds of CEs. It is crystal clear from the foregoing
discussions that CEs are not professionally qualified to prepare, sign and seal
architectural documents as they lack the requisite academic and sub-professional
preparation and more importantly, the CEs do not comply with the legal
requirements to practice architecture.
The CEs must finally abide with the true spirit and intent of the laws of the land and
leave the practice of the regulated profession of architecture to the Architects!
Failing this, the PRC must compel the CEs to comply with the dictates of law. The
law may be harsh but it is the law!
March 2007 position
PRC Professional Regulatory Board of Architecture
(PRBoA, 2006-2012 at www.architectureboard.ph)
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Appendix “11”
2007 PRBoA Official & Disseminated Position on
Subdivision Plans (11 pages)
Professional Regulatory Board of Architecture (PRBoA)
Professional Regulation Commission (PRC)
www.architectureboard.ph
POSITION OF THE PROFESSIONAL REGULATORY BOARD OF
ARCHITECTURE (PRBoA) ON THE PROFESSIONAL REGULATORY
BOARD OF CIVIL ENGINEERING (PRBoCE)’s POSITION THAT CIVIL
ENGINEERS (“CEs”) CAN PREPARE, (SIGN AND SEAL) RESIDENTIAL
AND OTHER “SUBDIVISION” PLANS, SPECIFICATIONS AND RELATED
DOCUMENTS AND THAT CEs CAN ACT AS THE PRIME PROFESSIONAL
FOR SUCH “SUBDIVISION” PROJECTS
14 March 2007
______________________________________________________________________
The Professional Regulatory Board of Civil Engineering (“PRBoCE”), specifically
its Chair Engr. Angel L. Lazaro III, Ph.D., maintains that Civil Engineers (“CEs”) are
allowed under their law (RA 544 of 1950, already amended by R.A. No. 1582 of 1956) to
prepare (and impliedly to sign and dry seal) residential and other “subdivision” plans
and specifications and that CEs could in fact serve as the Prime Professional for such
projects. In Chair Lazaro’s 01 September 2005 letter to Commissioner Romulo Q. Fabul
of the Housing and Land Use Regulatory Board (“HLURB”), he stated that the preparation
of residential subdivision plans fall within the scope of practice of CEs.
Chair Lazaro’s position was thereafter endorsed by the HLURB to the Housing and
Urban Development Coordinating Council (“HUDCC”), chaired by Vice President Noli
“Kabayan” de Castro. VP de Castro announced on 16 September 2005, on the occasion
of the Bacolod City National Convention of the Subdivision and Homeowners Developers
Association (“SDHA”) that a “Prime Professional” must be appointed for all subdivision
projects and that such an entity shall be responsible for selecting other professionals who
shall be involved in the subdivision project. As it is clear that the announcement
(supposedly reflecting state policy by the Executive Branch of the Government) may have
been made on insufficient grounds, it become imperative therefore, to qualify such a
“state policy” to set things in the proper context and order.
A close scrutiny of the Law on Civil Engineering (R.A. No. 544, as amended by
R.A. No. 1582) reveals that neither the generic terms “site/ physical planning” nor the
very specific terms “subdivision planning” or “residential subdivision planning”
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appear in the said law to make the same part of the scope of practice of CEs. Chair Lazaro
relies on generalities and implications in his interpretation of the CE law i.e. “Sec. 2.
Definition of Terms. - a) The practice of civil engineering XXX. The enumeration of any
work in this section shall not be construed as excluding any other work requiring civil
engineering knowledge and application.”
Engr. Lazaro’s argument then was to say the least misleading as it does not
distinguish between “subdivision” plan preparation and the preparation of
“components” of such a “subdivision” plan for which CEs are admittedly qualified e.g.
streets, bridges, flood protection, drainage, water supply and sewerage works. Physical
planning and residential subdivision planning in particular are about spatial planning, site
programming and the ordering of the relationships of the resultant land uses and
activity areas, an area of professional practice for which CEs have not been examined/
qualified by the state i.e. site and physical planning are not part of the CE licensure
examination. Moreover, CEs have not undergone sub-professional training i.e. diversified
training prior to licensure and do not have site/ physical planning academic credit units
i.e. not part of the CE curriculum.
On the other hand, site and physical planning are mentioned (or defined) in the
laws on architecture (R.A. No. 9266 of 2004, R.A. No. 1581 of 1956 and R.A. No. 545 of
1950) and in the law on environmental planning (P.D. No. 1308). In fact, the terms
physical planning, site planning and residential (or other) “subdivision” planning are
clearly defined under the 1979 Implementing Rules and Regulations (“IRR”) of R.A. No.
1581/ 545 as promulgated by the Professional Regulation Commission (“PRC”).
The PRBoA fails to see in R.A. No. 1581/ 544 the specific provision that CEs can
prepare, sign and dry seal residential or other “subdivision” plans. When CEs gain the
right to practice civil engineering after passing their licensure examination, their license
does not cover site/ physical planning practice but only the preparation of the
“components” of the site/ physical plan that have to do with civil works engineering
e.g. streets, bridges, flood protection, drainage, water supply and sewerage works.
Nowhere in the subjects of the CE licensure examination is site and/ or physical
planning included. Contrast this with the Architecture Licensure Examination (“ALE”) in
which the principles of planning and site planning are specific items.
CEs do not have a single unit of physical or site planning (including urban/ town
planning and urban design) in their one hundred eighty-one (181.0)-unit course. In stark
contrast, the B.S. Architecture graduate has at least twelve (12.0) academic units of
mainstream site or physical planning courses covering the planning and design of
building environs). Unlike architecture graduates, the graduate CE students also not
undergo a two (2.0)-year apprenticeship/ sub-professional training period (partly covering
site/ physical planning and urban/ environmental design) prior to taking their
Architecture Licensure Examination (“ALE”).
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All told, the CEs fail to satisfy the three (3.0) elemental requisites to practice site
and physical planning (particularly residential “subdivision” plan preparation) in the
Philippines: 1) a B.S. Architecture degree; 2) a two (2)-year immersion in diversified
training related to the site/ physical planning and urban/ environmental design of
building environs; and 3) an Architect’s Certificate of Registration and a renewable license
all issued after hurdling the ALE.
The phrase “preparation of plans, specifications and estimates” in R.A. No. 1582/
544 pertains mainly to the “component” civil engineering services for a “subdivision”
plan and not to residential “subdivision” plan per se. Hence, while CEs may assist
registered architects and/or environmental planners or actually undertake the
preparation of residential “subdivision” plans, they cannot and must not sign and seal
residential “subdivision” plans as it is not their primary competence and it does not
form part of their legal scope of practice. CEs have not been academically prepared, have
not been sub-professionally trained/ prepared (for 2.0 years) and are not professionally
qualified to perform professional site and physical planning services.
Multiple provisions under the Republic Act or R.A. No. 9266 (the Architecture
Act of 2004) state or infer that only registered/ licensed Architects shall sign and seal site
and physical plans, specifications and related contract documents (there are no ifs and
buts and those who persist in the illegal practice of architecture or any or any of its
recognized branches must be ready to face the consequences under the said law). R.A.
No. 9266 expressly or impliedly repeals all other laws inconsistent with it but protects
other professionals who do not encroach on the practice and scope of architecture. As
the 1979 IRR of R.A. No. 1581/ 545 set a legal limit for the Architect’s signing and sealing
of “subdivision” plans, the PRBoA therefore supports the position of Environmental
Planners that they should be the sole signatories to “subdivision” plans “”for sites
larger than 3.0 hectares”, by virtue of P.D. No. 1308 (Environmental Planning law).
Suffice it to say that the Philippine CE license is not and was never a license to
practice the three (3.0) regulated professions of CE, environmental planning and
architecture (or any of its branches as defined under R.A. No. 9266).
The intention of R.A. No. 1581/ 544 is clear in that civil structures (or buildings of
a purely engineering nature) are for registered/ licensed Civil Engineers (CEs) to plan and
design while other structures, particularly buildings and their environs which are settings
for various indoor-outdoor human (or other) activities and which require the academic
orientation, the sub-professional training and the professional expertise/ knowhow
of Architects, are solely for registered/ licensed Architects to plan and design. Nowhere
is it stated in either law that CEs can prepare site or physical plans, designs and related
contract documents.
The preparation of site and physical plans, urban/ environmental designs and
specifications require stock knowledge of a broad menu of physical planning concepts
and practices that are first taught in architectural schools, to wit:
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1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
site development planning (“SDP”);
anthropometrics/ metrication;
site programming (including space-time-motion studies);
site elements and composition (including scale and proportion);
site planning concepts, practices and history;
environmental design theories (including the psychology of space);
the use and psychology of color, textures, etc.;
tropical and environmental design;
international graphic and design standards for site planning (including knowledge
of site and physical planning drafting conventions/ techniques);
end-user security and safety;
planning laws;
master development planning (“MDP”), commonly referred to as “subdivision”
planning;
landscape architecture;
urban design including street furniture, way-finding and graphics/ signage
systems;
environmental design;
community/ urban/ town planning;
transportation facility planning;
site utility systems;
project coordination (which requires a broad understanding of allied professional
services including all the engineering disciplines related to site planning/
landscape architecture/ environmental planning/ environmental design);
contract documentation;
architectural/ planning ethics and responsibilities of the architect;
visualization/ perspective/ rendering/ model construction and presentation
techniques; and
a host of other specializations and sub-specializations in site and physical
planning which CEs do not possess simply because they were never trained nor
officially examined by the state to become Architects/ Environmental Planners
(“EnPs”).
While it is much faster to become a CE in this country i.e. possibly more than ninety
thousand (90,000) registered/ licensed CEs as compared to only twenty-four thousand
(24,000) registered/ licensed Architects and about six hundred (600) registered/ licensed
Environmental Planners (EnPs) to date, this situation does not mean that registered/
licensed CEs can also prepare/ sign/ dry seal “subdivision” plans (as registered/
licensed Architects/ EnPs do) simply because of their vastly superior number and
omnipresence. It only means that CEs outnumber Architects/ “qualified“ EnP.s because
it is so much faster (and requires less material resources) to become a registered/
licensed CE than to become a registered/ licensed Architect or EnP in the Philippines.
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The thousands of CEs moonlighting as Architects/ qualified EnPs are one of the
major causes of the poor quality of Philippine residential subdivision planning and housing
designs since such CEs do not completely understand and are not competent to do the
work of registered/ licensed Architects/ “qualified” EnPs
The practice of CEs preparing, signing and dry sealing site and physical
planning documents, particularly residential “subdivision” plans must be
thoroughly regulated by the state! It is not only the prudent thing to do but it shall
be consistent with the plain language and intent of both R.A. No. 9266 and P.D. No.
1308.
Philippine Architects have always respected the profession of Civil
Engineering and Philippine CEs. However, what some CEs have for the professions
of Architecture/ Environmental Planning and for Philippine Architects/ EnPs
appears to be much less than respect. Philippine CEs and Architects/ EnPs can
and must co-exist because they need each other but such a co-existence should be
based on mutual respect and on qualified professional competence, not on
numbers nor vaunted “market” appeal that may be partly based on acts that may
be likened to “undermining” fellow professionals.
Site and Physical Plans, particularly residential “subdivision” plans and
master development plans (“MDPs”) are for Architects and “qualified” En.P.s and
Geodetic Engineers to prepare/ sign/ dry seal while only the civil works engineering
“components” of such “subdivision” plans (roads, drainage and the like) are for
CEs to prepare/ sign/ seal. Thus, an ordinary CE cannot be regarded as a Prime
Professional for a residential (or other) “subdivision” project unless he is duly
qualified or certified as capable of preparing physical/ subdivision plans and is
suitably experienced for the job. CEs are generally trained to only prepare a
“component” of the “subdivision” plan and NOT the “subdivision” plan itself!
A draft of the documents pertinent to residential “subdivision” plan preparation and
their possible signatories (who must only be PRC-regulated professionals) accompanies
this PRBoA position paper (reference Annex “A”). An initial list of “subdivision” planning
terms for use by site/ physical planners appears as Annex “B”.
The CEs must abide with the true spirit and intent of the laws of the land and
leave site and physical planning to the Architects and Environmental Planners
(EnPs)! If the CEs want to prepare, sign and seal site and physical plans, then they
must first become registered/ licensed Architects or Environmental Planners
themselves!
Annex “A” follows.
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Annex “A” :
Proposed Contents of the “Subdivision” (or Master Development) Plan Report
(to be prepared/ signed/ dry sealed by a registered/ licensed Architect, to be called the
Architect-Planner-of-record or the APor for sites smaller than 3.0 hectares in area
OR
to be prepared/ signed/ dry sealed by a “qualified” Environmental Planner (EnP), to be
called the Environmental Planner-of-record or the EnPor, also referred to as the
Environmental Planner-in-charge under P.D. No. 1308 for sites larger than 3.0 hectares
in area)
I. Research and Analyses Components
A. Off-Site Analyses Report (covering a minimum radial area of 1,000.0 meters or 1.0
kilometer (km) from the center of the property/ site under study, optimum of 2.0 km
radial area is advisable and a maximum of 3.0 to 4.0 km is most desirable) which must
contain discussions supported by:
1. Land Use/ Zoning/ Cadastral Maps;
2. Transportation Maps (showing the major access systems e.g. road, rail,
waterborne, airborne, etc.; important to show major road rights-of-way or RROWs
and approximations of their widths and traffic capacities, etc.);
3. Socio-Economic Maps;
4. Environmental Characterization Maps (including indications of main utility systems,
utility rights-of-way or UROWs, drainage outfalls, etc.);
5. Key Community Facilities/ Amenities/ Services/ Utilities (FASU); and
6. Off-Site Photo Documentation (on a need basis).
Note: All of the foregoing should preferably be mandatory HLURB requirements for
all classes of residential or other “subdivision” planning projects.
B. On-Site Analyses Report (focusing on the property/ site to be subdivided) which must
contain discussions supported by:
1. Topographic Map/s (showing contours, natural formations, built-up areas,
structures and property boundaries)/ Slope/ Soil/ Hazard/ Physical Development
Opportunities & Constraints Maps;
2. Drainage/ Flood Maps;
3. Orientation Maps (covering wind/ odor/ sun/ view/ privacy/ storm, etc.);
4. Existing Property Land Use Map;
5. Property Ownership Documents;
6. Property/ On-Site Photo Documentation (including panoramic views); and
7. Data on Current Social Conditions and Implications.
Note: All of the foregoing should preferably be mandatory HLURB requirements for
all classes of residential or other “subdivision’ planning projects.
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II. Translation Components
A. The “Subdivision” Plan i.e. actually a Parcellary Plan [to be signed/ dry sealed by
a duly-registered/ licensed Geodetic Engineer (GE)] and which must show for the
property/ site to be subdivided the following proposed development attributes (in order
of importance):
1) the proposed lots and roadlots or road rights-of-way (RROWs), legal easements,
etc. within the property/ site to be subdivided; and
2) the land area distribution/ computations (including the block and lot counts).
Notes: All of the foregoing should preferably be mandatory HLURB requirements for
the License to Sell. Their primary bases shall be the draft/s or the finalized version/s
of the Master Development Plan (MDP) to be prepared by duly qualified and dulyregistered/ licensed EnPs and/ or registered/ licensed Architects.
B. The Master Development Plan or MDP [to be signed/ dry sealed by duly “qualified”
and duly registered/ licensed Environmental Planners (EnPs) for sites larger
than 3.0 hectares in area and/ or duly qualified and “qualified” EnPs and/ or dulyregistered/ licensed Architects for sites up to 3.0 hectares in area] which must
show for the property/ site to be subdivided the following proposed development
attributes (in order of importance):
1) code searches and the recitation of compliances with planning, subdivision,
housing and building laws, particularly the 2004 Revised Implementing Rules and
Regulations (“Revised IRR”) of the National Building Code of the Philippines
(“NBCP”, otherwise known as P.D. No. 1096 of 1977) e.g. to include
considerations of Percentage of Site Occupancy (PSO), Floor Area Ratio (FAR)
or Floor to Lot Area Ratio (FLAR), Housing Unit or Building Height Limit
(BHL),Gross Floor Area (GFA), Outermost Face of Building (OFB) or Housing
Unit, etc.;
2) all saleable/ leasable/ rentable lots and roadlots or RROWs, legal easements and
their respective landscaping/ urban design treatments (in plan and section
format);
3) the foot-printing and roof outlines of all structures to be introduced into the
development to show the perpetual setback/ yard and open space compliances,
etc.;
4) the land use distribution and land use computations (following the block and lot
counts);
5) list of all amenities/ facilities/ services and utilities (“FASU”) that shall form
part of the total development package to be introduced and guaranteed by the
developer i.e. including the list of the proposed development’s environmental
design or mitigation features (like the use of asphalt or macadam roads which
have a very much higher environmental design value than concrete roads, etc.);
statement of the proposed development’s unique environmental planning or
environmental design features;
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6)
the Total Gross Floor Area (“TGFA”) computations for the housing units to be
generated (which should never be exceeded);
7) the development phasing plan;
8) perimeter fence or wall locations for the property and all lots within it; images of
the proposed gate and perimeter wall system for the property should also be
presented if possible;
9) an image board (or panel on A3 or A2 format) showing the translated planning or
architectural design concepts (and which may be made up of pictures or drawings
culled from secondary researches);
10) outline specifications (basically general descriptions only) for both architectural
and allied architectural works;
11) the cast or project shadow lines of all structures/ housing units and trees at 8:00
a.m.,11:00 a.m. and 4:00 p.m. reflecting the true heights and configurations for
all structures, housing units and trees;
12) general signage controls and other way-finding features;
13) Site Development Plan (“SDP”) for all common areas of the subdivided property/
site e.g. lot/s where the clubhouse, open spaces, church, school, etc. are to be
located;
14) lot pad elevation plan (as a guide for the grading plan);
15) general planting plan/ outline specifications (basically general descriptions
covering soft-scaping only);
16) RROW treatment and gate complex general finishing plans/ outline
specifications (basically general descriptions covering hard-scaping only);
17) draft of the deed of restrictions (DoR);
18) total development cost estimate (covering all horizontal and vertical components
of the proposed development for all phases of development);
19) preliminary architectural plans/ designs for all common facilities;
20) preliminary architectural plans/ designs for the guardhouse/ gate complex and
perimeter wall/ fence system; and
21) preliminary architectural plans/ designs for typical housing units (including site
development plan or SDP for the typical lot);
22) comparative tabulation of total gross floor area (TGFA) and saleable area
generation;
23) cost estimates; and
24) others (as needed).
Notes: All of the foregoing should preferably be mandatory HLURB requirements for
the License to Sell for low to medium density residential subdivisions (R-1 and R-2).
Only items 1 through 7 should preferably be required of B.P. Blg. 220 and high-density
residential subdivisions (R-3) by the HLURB.
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C. The Circulation Plan (to be signed/ dry sealed by duly-“qualified” and dulyregistered/ licensed EnPs and/ or Civil Engineers (CEs) or CE-/ non-CE
Transportation Planners) which must show for the property/ site to be subdivided the
following proposed development attributes (in order of importance):
1) traffic plan (both vehicular and pedestrian);
2) parking plan i.e. off-street (including parking structures as applicable), on-street,
etc.;
3) traffic rules and regulations within the subdivided property (including the use of the
RROW);
4) traffic signage controls;
5) list of mandatory safety features/ devices to be introduced; and
6) others.
Notes: All of the foregoing should preferably be mandatory HLURB requirements for
the License to Sell for low to medium density residential subdivisions (R-1 and R-2).
Only items 1 through 3 should preferably be required of B.P. Blg. 220 and high-density
residential subdivisions (R-3) by the HLURB.
D. The Civil Works Plan (to be signed/ dry sealed by duly-registered/ licensed Civil
Engineers) which must show for the property to be subdivided the following proposed
development attributes (in order of importance):
1) grading plan;
2) final road right-of-way (RROW) or utility right-of-way (UROW) alignments with
suggested standard details, i.e., to include those for drainage, sewerage (if to be
provided, etc.);
3) suggested outline specifications (basically general descriptions only) for civil
works; and
4) others.
Note: All of the foregoing should preferably be mandatory HLURB requirements for
all classes of residential subdivision projects.
E. Other Required Engineering Plans (to be signed/ dry sealed by duly-registered/
licensed Sanitary, Electrical, ECE or Mechanical Engineers) which must show for
the property to be subdivided the following proposed development attributes (in order
of importance):
1) on-site water supply and distribution plan;
2) on-site power supply and distribution plan;
3) solid waste management plan provisions to be located on-site;
4) on-site telecommunications plan;
5) wastewater management plan provisions to be located on-site (only if applicable);
and
6) others.
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Notes: All of the foregoing should preferably be mandatory HLURB requirements for
the License to Sell for low to medium density residential subdivisions (R-1 and R-2).
Only items 1 through 3 should preferably be required of B.P. Blg. 220 and high-density
residential subdivisions (R-3) by the HLURB.
F. General Planning Recommendations (to be signed/ dry sealed by duly-qualified and
duly-registered/ licensed EnPs) which must show for the property to be subdivided
the following proposed development attributes (in order of importance):
1) Interventions or measures for possible local government unit (LGU) consideration;
2) Interventions or measures for possible HLURB consideration;
3) Interventions or measures for possible national government (GRP) consideration
i.e. including all its agencies, etc.;
4) Interventions or measures for possible private sector consideration; and
5) Others.
Note: All of the foregoing should preferably be mandatory HLURB requirements for
all classes of residential subdivision projects.
Annex “B” follows.
Annex “B” :
Initial List of Proposed Terms for Use by PRC-registered/ licensed Site/ Physical
Planners (“qualified” EnPs, Architects, CEs and GEs) in the Preparation of the
“Subdivision” (or Master Development) Plan Report
(1)
“Master Development Plan (MDP)” refers to the main deliverable/s of a multidisciplined team of PRC-registered/ licensed professionals e.g. Architect/s,
Environmental Planners (EnPs), Civil Engineers (CEs), Geodetic Engineers (GEs)
as well as other regulated and non-regulated professionals, pertaining to the
sustainable planned physical development of a community, site or property. The
MDP Report is the integration of all of the outputs of the individual professionals or
sectors represented in the Planning or Project Team.
(2)
“Planning” refers to physical planning at site, community or urban level by an
Architect for a planning area of 3.0 hectares or less or by a duly-“qualified”
Environmental Planner (EnP).
(3)
“Physical Planner” refers to an Environmental Planner or an Architect who
specializes in the detailed physical planning of land or property on which vertical
structures such as buildings and/or structures and horizontal developments such
as rights-of-way (ROWs), open spaces and recreational/ sports/ entertainment/
tourism and related facilities are to be proposed.
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(4)
“Physical Planning” refers to the detailed physical planning of land or property
on which vertical structures such as buildings, monuments and/or structures and
horizontal developments such as rights-of-way, open spaces and recreational/
sports/ establishments/ tourism and related facilities are to be proposed.
(5)
“Site Planning” refers to the detailed site development planning of all areas
surrounding a building/ structure and/ or a group of buildings/ structures but only
within the property limits of the land on which such buildings/ structures are to be
erected.
(6)
“Urban Design” refers to the physical and systemic design undertaken by a
duly- “qualified” Environmental Planner or by an Architect on a community and
urban plane, more comprehensive than, and an extension of the architecture of
buildings, spaces between buildings, entourage, utilities and movement systems.
Nothing follows.
March 2007 position
PRC Professional Regulatory Board of Architecture
(PRBoA, 2006-2012 at www.architectureboard.ph)
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Appendix “12”
Links to Recent Congressional Bills of Great Importance
to Philippine Architects as of 27 June 2019 (2 pages)
Very Important Note : All of the identified bills can be readily viewed and downloaded at
www.congress.gov.ph and at www.senate.gov.ph
A.
The Seventeenth (17th) Congress (2016-2019)
a.
House Bill No. (HBN) 1417 (denominated as “Outdoor Advertising Billboard
Regulation Act of 2017), introduced 12 July 2016 by Representative Mariano
Michael M. Velarde, Jr., at link x x x;
Senate Bill No. (SBN) 2087 introduced 13 November 2018 by Senator Grace L.
Poe, at link x x x, with original bill drafted circa 2010 by the 2006-12 Professional
Regulatory Board of Architecture (PRBoA) of the Professional Regulation
Commission (PRC), together with the Architecture Advocacy International
Foundation, Inc. (AAIF);
SBN 1144 (denominated as “The National Land Use and Management Act of the
Philippines”), introduced 14 September 2016 by Senator Risa Hontiveros, at link x
x x;
SBN 1015 (denominated as “The National Land Use Act of the Philippines of
2016”), introduced 15 August 2016 by Joel Villanueva, at link x x x;
SBN 952 (denominated as “Department of Housing and Urban Development Act”),
introduced 1 August 2016 by Senator Sonny Angara, at link x x x;
SBN 119 (denominated as “The Professional Building Official Act of 2016”),
introduced 30 June 2016 by Senator Aquilino Pimentel III, at link x x x;
SBN 995 (denominated as “Billboard Regulation Act”), introduced 8 August 2016
by Senator Win Gatchalian, at link x x x;
SBN 464 (denominated as “An Act to Expedite and Streamline the Application
Process for Securing Building Permits and Certificates of Occupancy x x x”),
introduced 19 July 2016 by Senator Antonio F. Trillanes IV, at link x x x;
SBN 272 (denominated as “An Act Strengthening Presidential Decree No. 1096,
the National Building Code of the Philippines, as Amended, by Mandating a
Nationwide Inspection of Buildings and Imposing Stiff Penalties Against Building
Officials Who Violate the Pertinent Provisions of the Said Code”), introduced 4 July
2016 by Senator Francis G. Escudero at link x x x; and
SBN 627 (denominated as “An Act to Strengthen the Architecture Profession,
Amending for the Purpose Certain Provisions of Republic Act No. 9266, Otherwise
Known as the Architecture Act of 2004”), introduced 19 July 2016 by Senator
Antonio F. Trillanes IV, at link x x x.
b.
c.
d.
e.
f.
g.
h.
i.
j.
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B.
a.
b.
c.
d.
e.
f.
g.
h.
C.
a.
b.
The Sixteenth (16th) Congress (2013-2016)
House Bill No. (HBN) 5127 430 (denominated as “An Act to Strengthen the
Architecture Profession, Amending for the Purpose Certain Provisions of Republic
Act No. 9266, Otherwise Known as the Architecture Act of 2004”), introduced 22
October 2014 by Representatives Susan A. Yap and Gary C. Alejano, at link x x x;
HBN 4143 (denominated as “The Building Official Act of 2014”), introduced 12
March 2014 by Representative Josephine Y. Ramirez-Sato, at link x x x
Senate Bill No. (SBN) 430 (denominated as “An Act Strengthening Presidential
Decree No. 1096, the National Building Code of the Philippines, as Amended, by
Mandating a Nationwide Inspection of Buildings and Imposing Stiff Penalties
Against Building Officials Who Violate the Pertinent Provisions of the Said Code”),
introduced 13 July 2013 by Senator Francis G. Escudero at link x x x;
SBN 410 (denominated as “The Philippine Green Building Act”), introduced 3 July
2013 by Senator Ferdinand R. Marcos, Jr., at link x x x;
SBN 1928 (denominated as “The Green Building Act of 2013”), introduced 18
November 2013 by Senator Manuel M. Lapid, at link x x x;
SBN 2133 (denominated as “An Act Creating the Green Building Commission to
Draft the National Green Building Code”), introduced 20 February 2014 by Senator
Miriam Defensor-Santiago, at link x x x;
SBN 2235 (denominated as “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”), introduced 20 May 2014 by Senator Ferdinand
R. Marcos, Jr., at link x x x; and
SBN 1717 (denominated as “An Act Amending Republic Act No. 386, Otherwise
Known as The “"Civil Code of the Philippines,"” Article 1723, on The Liability of
Engineers, Architects or Contractors Arising from Non-Observance of Plans and
Specifications or the Use of Materials of Inferior Quality”), introduced in 2014 by
Miram Defensor-Santiago, at link x x x.
The Fifteenth (15th) Congress (2010-2013)
Senate Bill No. (SBN) 2483 (denominated as “An Act Strengthening Presidential
Decree No. 1096, the National Building Code of the Philippines, as Amended, by
Mandating a Nationwide Inspection of Buildings and Imposing Stiff Penalties
Against Building Officials Who Violate the Pertinent Provisions of the Said Code”),
introduced 25 May 2011 by Senator Francis G. Escudero, at link x x x; and
SBN 95 (denominated as “The Billboard Regulation Act of 2010”), introduced by
Senator Miriam Defensor-Santiago at link x x x.
Nothing follows.
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Appendix “13”
Sec. 304.5.b of the 2004 Revised IRR of P.D. No. 1096, the
1977 National Building Code of the Philippines (NBCP), as
sourced and excerpted from the e-copy posted at the DPWH
website at www.dpwh.gov.ph (2 pages)
Very Important Note : The official DPWH e-copy of the 2004 Revised
implementing rules and regulations (IRR) of P.D. No. 1096, the 1977 NBCP
can
be
readily
downloaded
at
this
link
http://www.dpwh.gov.ph/DPWH/files/nbc/IRR.pdf
“Section 304. Issuance of Building Permit (page 44 of the official DPWH document)
5. Terms and Conditions of Permits
The issued building permit shall be subject to the following terms and conditions:
a. This permit shall be accompanied by the various applicable ancillary and
accessory permits, plans and specifications signed and sealed by the
corresponding design professionals who shall be responsible for the
comprehensiveness and correctness of the plans in compliance to the Code
and its IRR and to all applicable referral codes and professional regulatory
laws.” (underscoring and emphases supplied)
In the Philippine (PH) setting, these professional regulatory laws (PRLs) specifically refer
to the laws (and their respective streams of regulations/ SoR) pertaining to the Stateregulated professional practices relating to the design and physical planning of buildings/
habitable structures and their grounds (settings), to wit:
1. for ARCHITECTURAL documents, Republic Act (R.A.) No. 9266, the Architecture
Act of 2004 and its SoR not limited to its 2004 implementing rules and regulations
(IRR), its 2006 Code of Ethical Conduct (CoEC), its 2010 Standards of
Professional Practice (SPP), its 2016 Architects’ Guidelines, official issuances of
the Professional Regulatory Board of Architecture (PRBoA) of the Professional
Regulation Commission (PRC), and the like;
Very Important Note: R.A. No. 9266 is a valid and subsisting law (in full effect)
since its approval and effectivity in 2004. There is NO temporary restraining order
(TRO), NO writ of preliminary or permanent injunction (WPI), NO court order, NO
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court decision and NO jurisprudence impairing the implementation and
enforcement or effectivity of ANY of its lawful provisions, including the limitation of
the preparation, signing and dry-sealing of ARCHITECTURAL documents only to
PH-registered and licensed architects (RLAs), as specifically provided by law.
2. for PHYSICAL PLANNING documents, Republic Act (R.A.) No. 10587, the
Environmental Planning Act of 2013, and its SoR;
3. for ENGINEERING documents, the pertinent PRLs and their respective SoRs covering
plans and designs relating to geodetic engineering civil engineering (civil and structural
works, geo-technical investigations, material testing and certifications, and the like),
electrical engineering (electrical works), electronics and communications engineering
(telecommunications works), mechanical engineering (mechanical works), sanitary
engineering (sanitary works, mainly those situation outside the exterior walls of
buildings, and the like;
4. for ALLIED DESIGN documents, the pertinent PRLs and their respective SoRs
covering plans and designs relating to master plumbing (inside building lines),
landscape architecture, interior design (including furniture and movables design/
FMD), geology, and the like; and
5. for MANAGEMENT documents, the pertinent PRLs and their respective SoRs
covering project and construction management (PCM), environmental investigation,
environmental management, and the like.
Only the PRLs define the official qualifications (education, training, experience, and the
like) and other requirements (continuing training/ professional development, membership
in the pertinent professional association, etc.), for lawful admission into and for lawful and
continuing engagement in a specific type of State-regulated professional practice.
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Appendix “14”
2018 DPWH Legal Opinion on Its Official Policy Anent R.A.
No. 9266, the Architecture Act of 2004 (2 pages)
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Nothing follows.
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