Name: Blesse Jane B.

Belaro Student ID: 20 – 1 – 00337

CASE DIGEST FOR GR NOS. 200015 AND 205846

Facts:

The Republic Act No. 9266 or the Architecture Act was approved and
became effective in 2004. October later that year, Acting Secretary Florante
Soriquez approved 2004 Revised Implementing Rules, including a change in
Section 302 that exclusively authorizes architects to prepare, sign, and seal
certain documents. This prompted Leo Cleto Gamolo and the Philippine
Institute of Civil Engineers, Inc. to file the Gamolo Petition in Manila's
Regional Trial Court, arguing that this rule contradicts Republic Act No. 544 the
Civil Engineering Law, and the National Building Code. They assert that civil
engineers are permitted by these laws to perform the tasks outlined in Section
302(4).

Subsequently, the United Architects of the Philippines (UAP) sought

permission to intervene in the legal proceedings and contribute their
perspectives. On January 29, 2008, the court rendered a decision to dismiss the
petition, affirming the validity of the challenged provisions within the 2004
Revised Implementing Rules. The court's rationale rested on the assertion that
Republic Act No. 544 did not explicitly authorize civil engineers to undertake
the specific responsibilities outlined in Section 302(4) of the 2004 Revised
Implementing Rules. Furthermore, the court noted that the legislation cited by
the respondents had undergone modifications or nullifications through Republic
Act No. 9266, owing to irreconcilable inconsistencies.

Following the rejection of the respondent's plea for reconsideration on

May 4, 2009, they pursued an appeal to the Court of Appeals. On January 5,
2012, the Court of Appeals reversed the decision of the Regional Trial Court,
declaring Section 302(3) and (4) of the 2004 Revised Implementing Rules null
and void. The Court of Appeals contended that civil engineers, by Sections 2
and 23 of Republic Act No. 544, possess the authority to manage architectural
documents, encompassing the design of buildings and the preparation, signing,
and sealing of such documents. This stance was further substantiated by
Sections 302 and 308 of the National Building Code.

The Department of Public Works and Highways, along with the United
Architects of the Philippines, submitted Petitions for Review to this Court,
articulating their discontent with the verdict of the Court of Appeals.

The Department of Public Works and Highways contends that the

recognition of civil engineers' authorization to draft architectural documents is
specifically acknowledged in Section 302 of the National Building Code, as
outlined in Atty. Foz's textbook and Ministry Order No. 57. Nonetheless, the
department asserts the inaccuracy of the version presented in Atty. Foz's book. It
highlights that the official iteration, endorsed by former President Ferdinand
Marcos, and published in the Official Gazette, solely refers to mechanical and
electrical engineers, without any inclusion of civil engineers.

Petitioner UAP contends that the educational background of civil

engineers does not qualify them to practice architecture or prepare architectural
documents. It argues that Republic Act No. 9266, specifically Section 20,
exclusively grants architects the authority to handle such tasks, nullifying the
alleged authority of civil engineers under Republic Act No. 544 and the
National Building Code. UAP highlights the repeal of Republic Act No. 545,
Section 12, by Section 46 of Republic Act No. 9266, emphasizing that the
temporary exemption for civil engineers in architectural plans was due to a post-
war shortage of architects and was never intended to include the preparation,
signing, and sealing of architectural documents as part of civil engineering
practice.

Respondents rely on Presidential Decree No. 1096, the National Building

Code, arguing that Sections 302 and 308 grant civil engineers the authority for
building permit plans. However, petitioners dispute this, presenting different
versions of Section 302. The Official Gazette version is deemed the
authoritative one.

Civil engineers have the authority to prepare, sign, and seal plans, as
acknowledged in Section 308 of the National Building Code and Republic Act
No. 544. However, the scope of this authority underwent alterations with the
enactment of Republic Act No. 9266, which restricted it to particular
construction and demolition scenarios.

The primary objective of Republic Act No. 9266 is to establish a

thorough framework for the regulation of architecture, underscoring the pivotal
role of architects in the nation-building process. It mandates that only licensed
architects' seals and signatures are accepted for architectural plans, aligning
with Section 20, paragraph 5. Although Republic Act No. 544 provides civil
engineers with authority over multiple plans, Section 20 of Republic Act No.
9266 mandates that architectural plans must bear the seal and signature of a
licensed architect. Section 20 prevails over the general provision in Section 43,
emphasizing respect for the practice of architecture.
Issue:

A comprehensive appeal has been submitted for a thorough review and

assessment of the validity and constitutionality of Section 302, specifically
paragraphs 3 and 4, as outlined in the Revised Implementing Rules and
Regulations (2004 Revised Implementing Rules) of Presidential Decree No.
1096, more commonly recognized as the National Building Code of the
Philippines.

Ruling:

In compliance with the granted Petition, the Decision rendered on

January 5, 2012, and the Resolution dated February 13, 2013, from the Court of
Appeals in CA-G.R. CV No. 93917 are hereby reversed and set aside. The
Decision of the Regional Trial Court on January 29, 2008, which affirmed the
validity and constitutionality of Section 302, paragraphs 3 and 4, in the Revised
Implementing Rules and Regulation of Presidential Decree No. 1096, is
reinstated.

It is hereby resolved by the Court that only architects who are registered
and licensed are authorized to prepare, sign, and seal architectural documents.
Similarly, only registered, and licensed architects or interior designers are
permitted to prepare, sign, and seal architectural interior or interior design
documents.