scmieg npn OPINORNO. 8. 200 KAGAWARAN NG KATARUNGAN Department of Justies "Mani Jamaary 9, 2004 Hon. Florante Soriquez acting Secretary Department af Public Works and Highways Bonifacio Drive, Port Area, Manila Sir: ‘This. fas reference to your request for opinion conceming Of the pertinent provisions oF the Civil Engineering Law (RA, 544) and the Architects Law (RA. No. 545), beth as amended, In order determine the realm of practice of both professions and, at the same time, avold the alleged confict in the enforcement of the National Building Code of the Philippines (P.D. No. 1096) arid ts Implementing Rules and Regulations (IRR). aoe ‘approval of firal draft of which, you s2y, has been deferred pending resolution of the claimed conflicting provisions of R.A. No. 544 and RA. No. S45 relaiig the proctice of structral enc architectural designing of buildings, Including the signing and sealing of architectural plans end specifications newded in securing building perms. + appears that civil engineers; relying on the provisions: of Sections 2 and 23 of R.A. No. S44, believe that tt ls their inherent right to sian and seal building structural and architectural plans, while architects, quoting the provisions of Secon 14 of RA. Ne, 545, complain tat cil engineers are “unlawfully practicing architechire” when they sign end seal archtsctural plans and specifications of residential buldings from single detached dwellings ‘multi-story Condomintums, office aulcines, commercial and industrial oufkings and other bufldicgs since the act of planning and architectural and structural ‘designing, among others, are induced in the “practice of archtocnire.” ‘Jt also appears that under the final draft of the revisad/updated IRR, itis. ~ proposed that only architects can sion architectural plans/documents and only civil engingers cen sign sructural plans/documents; and that the Philopine Instaute of Civ} Engineers (PICE), however, opposed the proposal. Hence, the request, Atthoush, inline with settled poly and precedents, the Secretary of Justiog does nat pass upon Issues WiNch, 25 in this case, Involve the substantive (CERTIFIED TRUE COPY awl am an ae rept of sustice— : _ OPENS a ae ‘The Civil Engineering Law? pertinenttly provides: Se, 2 Reition of Terman — (3) The penetice af ot engineering within the meaning and intent of ths Act shall oot be constroed as excluding any other work requiring knewietige and Re 7 SEC. of and are executed under the responsible charge and direct supervision " of a Gv engineer, ans and designs oF sirumures must be ,, "Secretary of Justow Op, Nos. 38 and 35, s. 2000, cng opiniones, Soll, No. 33, 5. 1985; SRA No. $49, 28 amendest, CERTIFIED TRUE COPYty. 5. 28¢. approved as grovided by law or ordinsncs of a city or province or municipality vere the sad aructite i to be constructed. Upon the other hand, Sections 14 and 30 of R.A. No. 545, as arended? tasoter as materia, respectively reed: SEC, 14. Befaitiog of Terms. — 100% 0) General practice of architects. — The practice of architecture ts hereby defined to be: The act of ptonning, architectural and = structural ses sescifying Grection to the erection, or atertions of edge nd architectural design of engineering structures or any part thereof, 100 00 700 SEC. 30, Arahihitions io the oractice of anchhecture. - Any Berson who sili practice or offer to prnctice architecture in the Phitppines without being registered of exernpted from registration in accordance with the provisions of this Act, :00c Tr is dlese from a reading of the above-quoted provisions of the subject faves that the making of plans and designs, not to mention the supervision of constuction, are activites that are more or less corvmion to both "architecture" and engineering”.’ However, the distinction between an architect and 2 civil ‘enginger is dear. Thus, in one case," it was held: An “architect” is defined 25 one who, sled inthe are oF = disposition Undersconng supped: 4-hn fet To Regulate The Proctive OF Architecture In The Phitppines; Emphasis ours; See, Sukh ws. Ameria Packing aad Provision Co, 130 P. 951, 357; * Rabinowitz ws. ‘Hurd Mintz Parniture Co., 133 So. 458: qcgRTIeteD TRUE COPE 3eee . “OPHIION. HO-t, $.dSOH that of structures, particaiarty foundatiuss, axl who anc supesvises construction of bridges, greet bulidings, et. . Indond, te inguage of bth ans confis this Astin. ihe practice oF civil engineering emoraces services in the form Of preparation of structoral plans, designs, specifications, etc, and construction of streets, and. structures the practice covers the preparation of ns of ‘Sakd ‘engineering structures..Upon the other hand, the practice of architecture eschy concerns with the: act of and structural Having these In inind, R can, therefore, be safely sald that the proposal to enk the preperation, signing and Sealing of archkeclural plans arx! desians to architects and tie preparsoon, signing and sealing of structural plans and designs to civil engineers to be inorder, Piease be guided accordingly. Very truly yours, Ma. wollte Nese hte bbos, Acting Secretary CeRTIRED TRUE COPY ‘Soe aa Pot, 09) stress supp.