Plate No.

3
JERLYN D. DEITA BSCE 4

What are the history and bases on the justification of Civil Engineer's
Sign and Seal on Building Plans?
The National Building Code, Presidential Decree 1096, was approved in the
1970’s. The PD 1096 has not been amended, and PD 1096 calls for the issuance by
the Secretary of the DPWH of Implementing Rules and Regulations (IRR). The
current IRR is composed of DPWH Orders issued through the years. For the past
few years, the DPWH has been preparing a consolidated revised IRR. The DPWH
formed a committee composed of various stakeholders who were consulted
regarding the Resived IRR. The Committee included representatives from
Accredited Professional Organizations, including PICE The final version of the
Revised IRR was prepared by a Committee with in the DPWH. The final version of
the Revised IRR was published in the Manila Standard three times (April1, 8 and
15, 2005). The Revised IRR would have been implementable on April 30, 2005, 15
days after the third publication. The Revised IRR contains the procedure for the
application for and issuance of building permits, among other provisions.
> Prior to RA9266’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 (RA544, as amended by RA1581) and compared the same with
the organic and amended architecture laws (RA545/RA1581). The DOJ
comparison resulted in a very interesting and decades-overdue interpretation
that clearly and unequivocally 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
RA9266 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 (PD1096).
> Civil Engineers have been preparing, signing and sealing building designs, plans
and specifications not only for the past 50 years (life of RA544) but even before
the professions or Architecture and Civil Engineering were regulated. The
preparation, signing and sealing of building designs, plans and specifications is
part of the practice of Civil Engineering by law, history and tradition this right of
Civil Engineers to prepare, sign and seal building designs, plans and specifications
has never been legally challenged, up to the present. There has never been any
case filed or legal judgment rendered that this practice of Civil Engineers has had
any adverse effect to any person or has been harmful to public welfare.
> Sealing of “building plans” are within the scope of practice of civil engineering.
Therefore, the PICE case hinges on the proper interpretation of the term “building
plans”.
> DPWH, through Solicitor General, submitted their answer on June 17, 2005
Sections 2 and 23 of RA 544 does not state in clear and unequivocal terms that
civil engineers can prepare, sign and seal architectural documents Only under
Section 302 of PD 1096 and Section 3.2 of Ministry Order 57 that the right of civil
engineers to prepare, sign and seal architectural plans was recognized and
expressly granted.