REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

NINTH DIVISION

PHILIPPINE INSTITUTE
OF CIVIL ENGINEERS,
INC., and LEO CLETO
GAMOLO,
Petitioners-Appellants,
-versusTHE
HONORABLE
HERMOGENES EBDANE,
JR., in his capacity as
SECRETARY OF PUBLIC
WORKS AND HIGHWAYS,
Respondent-Appellee,

CA-G.R. CV No. 93917

Members:
TIJAM, N. G.,
Chairperson
BARZA, R. F., and
SORONGON, E. D., JJ.
PROMULGATED:
JAN. 5/12
___________________

UNITED ARCHITECTS OF
THE PHILIPPINES,
Intervenor-Appellee
x ================================================ x

D E CI S I O N

CA-G.R.. CV No. 93917

DECISION
x---------------- x

BARZA, R., F., J.:

Before the Court is an appeal from the Decision,1 dated
January 29, 2008, of Branch 22 of the Regional Trial Court of the
City of Manila in Civil Case No. 05-112502.

The relevant antecedent facts, as culled from the record, are

as follows:

On May 3, 2005, petitioners Philippine Institute of Civil

Engineers, Inc., (PICE) and Leo Cleto Gamolo, general counsel of
PICE, filed a Petition2 for declaratory relief and injunction with a
prayer for a writ of preliminary prohibitory and/or mandatory
injunction

and

temporary

restraining

order

against

then

Honorable Hermogenes Ebdane, Jr., in his capacity as Secretary of

Public Works and Highways.

Docketed as Civil Case No. 05-112502, petitioners essentially

asserted that civil engineers, including petitioner Gamolo and the
members of the PICE, have been preparing, signing and affixing
their seals on plans for submission to Building Officials as a
1
2

Rollo pp. 90-120

Record Vol. I pp. 2-11

CA-G.R.. CV No. 93917

DECISION
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requirement for a building permit. These plans include among

others: a) Vicinity Map/Location Plan, b) Site Development Plan, c)
Perspective, d) Floor Plan, e) Elevations, f) Sections and the like.
They asserted that for several decades Building Officials have
accepted and approved these plans which were prepared and
signed/sealed by civil engineers or by architects as a requirement
for the issuance of a building permit. However, under Sections
302.3 302.4 of the Revised NBC IRR promulgated by the
Department of Public Works and Highways (DPWH), plans that
were previously prepared and signed/sealed by civil engineers or
architects are now to be signed exclusively by architects. The
aforementioned provisions of the

Revised NBC IRR, the

petitioners argue, are contrary to existing laws particularly

Republic Act No. 544 (RA No. 544) otherwise known as "The Civil
Engineering Law", and Presidential Decree No. 1096 (PD 1096)
otherwise known as "The National Building Code of the
Philippines."

On May 24, 2005, the trial court issued a writ of preliminary

injunction enjoining the respondent Secretary, his agents,
representatives and assigns, from implementing and carrying out

CA-G.R.. CV No. 93917

DECISION
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the questioned provisions in the subject IRR.3

In its Answer,4 the respondent Secretary, represented by the

Office of the Solicitor General (OSG), while admitting that civil
engineers were previously allowed under RA No. 544 and PD
1096 to sign/seal the aforementioned plans, denied that the subject
provisions in the

Revised NBC IRR were contrary to existing

laws arguing that RA No. 544 and PD 1096 have been repealed or
modified accordingly by Republic Act No. 9266 otherwise known
as "The Architecture Act of 2004" particularly Section 20 (2) and
(5), Article III, and Sections 25 and 29, Article IV, thereof, which
are so irreconcilably inconsistent and repugnant to the laws cited
and invoked by the petitioners.

Subsequently,

intervenor

United

Architects

of

the

Philippines (UAP) entered the fray by filing its Answer/Comment

in Intervention,5 and a motion for its admittance6 thereof, which
the trial court admitted/granted in its Order7 dated November 17,
2005. Echoing the arguments of the respondent Secretary, the UAP
3
4
5
6

see Order dated May 25, 2005 (Rollo Vol. I pp. 83-85)
Record Vol. I pp. 121-139
Record Vol. I pp. 239-281
see Motion for Leave to Intervene and Admit Attached Answer/Comment in Intervention (Record
Vol. I pp. 200- 210
Record Vol. I pp. 433-434

CA-G.R.. CV No. 93917

DECISION
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in its answer argued that "The Architecture Act of 2004" was

purposely drafted to, among others, curtail the practice of Civil
Engineers of drafting and signing architectural documents which
are not within their area of competence/expertise. Moreover,
intervenor UAP alleged that the petitioners' case should be
dismissed on the ground of forum shopping due to the fact that a
similar case for declaratory relief, docketed as Civil Case No. 0555273, was filed by civil engineers Felipe F. Cruz and David
Consunji on April 28, 2005 before Branch 219 of the Regional Trial
Court of Quezon City.

On January 10, 2006, pre-trial was conducted and terminated

with the parties agreeing to submit the petition for resolution on
the basis of their admissions and stipulations, and their respective
memorandums.8

On January 29, 2008, the trial court rendered the appealed

Decision9 which dismissed the instant petition and lifted the writ
of preliminary injunction. The fallo of the said decision reads:
"WHEREFORE,
8
9

the

instant

see Order dated January 10, 2006 (Rollo Vol. II p. 556)

Record Vol. III pp. 1217-1247

petition

is

hereby

CA-G.R.. CV No. 93917

DECISION
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DISMISSED, and the Writ of Preliminary Injunction issued, is

hereby lifted or dissolved.
SO ORDERED."

In so ruling, the trial court held that contrary to the claims of

the petitioners, The Civil Engineering Law (RA 544), particularly
Sections 2 and 23 thereof, does not state in clear and unequivocal
language that civil engineers can prepare and sign architectural
documents. The trial court also held that neither can the
petitioners validly invoke The National Building Code of the
Philippines (PD 1096), particularly Section 302 thereof, as the legal
basis to justify the alleged authority of civil engineers to prepare,
sign and seal architectural plans, said authority not having been
expressly conferred under the official and correct version of the
law. Moreover, the trial court held that the provisions of laws
being invoked by the petitioners are irreconcilably inconsistent
and repugnant with the provisions of The Architecture Act of 2004
(RA 9266), hence the former laws are deemed to have been
repealed or modified accordingly by the latter law. Finally, the
trial court determined that forum shopping was present in this
case since the petition for declaratory relief and injunction filed by
the petitioners was substantially identical to the petition filed by

CA-G.R.. CV No. 93917

DECISION
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Felipe Cruz and David Consunji before Branch 219 of the RTC of
Quezon City docketed as Civil Case No. 05-55273.

Aggrieved, petitioners sought reconsideration10 but this was

denied by the trial court in its Order11 dated May 4, 2009.

Undaunted, the petitioners have filed the present appeal

imputing the following errors to the trial court:

I
WHETHER OR NOT THE HONORABLE
TRIAL COURT A QUO ERRED IN
DECLARING
THAT
THE
CIVIL
ENGINEERING
LAW
AND
THE
NATIONAL BUILDING CODE DO NOT
AUTHORIZE CIVIL ENGINEERS TO
PREPARE, SIGN AND SEAL PLANS
THAT ARE ENUMERATED IN SECTION
302 (4) OF THE REVISED IRR;

II
WHETHER OR NOT THE HONORABLE
TRIAL COURT A QUO SERIOUSLY
ERRED IN NOT RECOGNIZING THAT
10
11

see Motion for Reconsideration (Record Vol. III pp. 1248-1268)

Record Vol. III pp. 1622-1625)

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DECISION
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THERE
IS
OVERLAPPING
OF
FUNCTIONS
BETWEEN
CIVIL
ENGINEERS AND ARCHITECTS;
III
WHETHER OR NOT THE HONORABLE
TRIAL COURT A QUO ERRED IN
DECLARING
THAT
THE
CIVIL
ENGINEERING
LAW
AND
THE
NATIONAL BUILDING CODE IN SO FAR
AS
THEY
AUTHORIZED
CIVIL
ENGINEERS TO SIGN BUILDING PLANS
WERE REPEALED BY REPUBLIC ACT
NO. 9266;
IV
WHETHER OR NOT THE HONORABLE
TRIAL COURT A QUO ERRED IN NOT
FINDING THAT SERIOUS DAMAGE
AND PREJUDICE WILL BE CAUSED TO
CIVIL
ENGINEERS
WHICH
CONSTITUTES DEPRIVATION OF THEIR
RIGHT
TO
SUBSTANTIVE
DUE
PROCESS;
V
WHETHER OR NOT THE HONORABLE
TRIAL COURT ERRED IN RULING THAT

CA-G.R.. CV No. 93917

DECISION
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THERE WAS FORUM SHOPPING.

First, a brief recap of the applicable laws involved in this

dispute. There are essentially four (4) laws involved in this
dispute, namely:

1. Republic Act 544 (RA 544), otherwise known as the Civil

Engineering Law, which was passed in 1950. RA 544 governs the
practice of civil engineering in this country.

2. Republic Act No. 9266 otherwise known as the

"Architecture Act of 2004" which amended Republic Act No. 545
(RA 545 or the Old Architecture Law, for brevity).

3. Presidential Decree No. 1096 (PD 1096) otherwise known

as "The National Building Code" which provides among other
things that its Implementing Rules and Regulations (IRR) shall be
promulgated by the Secretary of the Ministry of Public Works and
Highways (now Department of Public Works and Highways or
DPWH).12
12

Section 203. General Powers and Functions of the Secretary under this Code.
For purposes of carrying out the provisions of this Code, the Secretary shall exercise the following

CA-G.R.. CV No. 93917

DECISION
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4.

The

disputed

10

Revised

Implementing

Rules

and

Regulations of the National Building Code (Revised NBC IRR, for

brevity) which was promulgated by then Acting Secretary of
Public Works and Highways Hon. Florante Soriquez in 2004
which revised the old implementing rules and regulations (Old
IRR, for brevity).

The dispute in the present case essentially centers around

Section 302.3 of the Revised NBC IRR, in relation to Section 302.4
thereof, which provides as follows:

"SECTION 302. Application for Permits

3. Five (5) sets of survey plans, design plans, specifications and
other documents prepared, signed and sealed over the printed
names of the duly licensed and registered professionals (Figs.
III.1. and III.2.):
a. Geodetic Engineer, in case of lot survey plans;
general powers and functions:
xxx
xxx
xxx
(2) Issue and promulgate rules and regulations to implement the provisions of this Code and ensure
compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this
Section.
xxx
xxx
xxx
Section
211.
Implementing
Rules
and
Regulations.

In the implementation of the provisions of this Code, the Secretary shall formulate necessary rules
and regulations and adopt design and construction standards and criteria for buildings and other
structures. Such standards, rules and regulations shall take effect after their publication once a week
for three consecutive weeks in a newspaper of general circulation.

CA-G.R.. CV No. 93917

DECISION
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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. Professional Electrical Engineer, in case of electrical
documents;
e. Professional Mechanical Engineer, in case of mechanical
documents;
f. Sanitary Engineer, in case of sanitary documents;
g. Master Plumber, in case of plumbing documents;
h. Electronics Engineer, in case of electronics documents.

4. Architectural Documents
a. Architectural Plans/Drawings
i. Vicinity Map/Location Plan within a 2.00 kilometer
radius for commercial, industrial, and institutional complex and
within a half-kilometer radius for residential buildings, at any
convenient scale showing prominent landmarks or major
thoroughfares for easy reference.
ii. Site Development Plan showing technical description,
boundaries,
orientation
and
position
of
proposed
building/structure in relation to the lot, existing or proposed
access road and driveways and existing public utilities/services.
Existing buildings within and adjoining the lot shall be hatched
and distances between the
proposed
and
existing
buildings shall be indicated.

11

CA-G.R.. CV No. 93917

DECISION
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iii. Perspective drawn at a convenient scale and taken

from a vantage point (birds eye view or eye level).
iv. Floor Plans drawn to scale of not less than 1:100
showing:
gridlines, complete identification of rooms or
functional spaces.
v. Elevations, at least four (4), same scale as floor plans
showing: gridlines; natural ground to finish grade elevations;
floor to floor heights; door and window marks, type of material
and exterior finishes; adjoining existing structure/s, if any,
shown in single hatched lines.
vi. Sections, at least two (2), showing: gridlines; natural
ground and finish levels; outline of cut and visible structural
parts; doors and windows properly labeled reflecting the
direction of opening; partitions; built-in cabinets, etc.;
identification of rooms and functional spaces cut by section
lines.
vii. Reflected ceiling plan showing: design, location,
finishes and specifications of materials, lighting fixtures,
diffusers, decorations, air conditioning exhaust and return
grills, sprinkler nozzles, if any, at scale of at least 1:100.
viii. Details, in the form of plans, elevations/sections:
(a) Accessible ramps
(b) Accessible stairs
(c) Accessible lifts/elevators
(d) Accessible entrances, corridors and walkways
(e) Accessible functional areas/comfort rooms
(f) Accessible switches, controls
(g) Accessible drinking fountains
(h) Accessible public telephone booths
(i) Accessible audio visual and automatic alarm
system
(j) Accessible access symbols and directional signs

12

CA-G.R.. CV No. 93917

DECISION
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13

(k) Reserved parking for disabled persons

(l) Typical wall/bay sections from ground to roof
(m) Stairs, interior and exterior
(n) Fire escapes/exits
(o) Built-in cabinets, counters and fixed furniture
(p) All types of partitions
ix. Schedule of Doors and Windows showing their
types, designations/marks, dimensions, materials, and number
of sets.
x. Schedule of Finishes, showing in graphic form:
surface finishes specified for floors, ceilings, walls and
baseboard trims for all building spaces per floor level.
xi. Details of other major Architectural Elements."
(emphasis and underscoring supplied)

The dispute arose because previously, under the Old IRR,

particularly Section 3 of the said rules, the aforesaid "architectural
documents" were prepared, signed and sealed either by civil
engineers or architects. Section 3 of the Old IRR provides:

"3.2 Five (5) sets of plans and specifications prepared,

signed and sealed:
a) by a duly licensed architect or civil engineer, in case
of architectural and structural plans;
b) by a duly licensed sanitary engineer or master
plumber, in case of plumbing or sanitary installation plans;
c) by a duly licensed professional electrical engineer, in
case of electrical plans;
d) by a duly licensed professional mechanical engineer,

CA-G.R.. CV No. 93917

DECISION
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14

in case of mechanical plans.

3.2.1 Architectural Documents:
a)Location plan within a two-kilometer radius for
commercial, industrial and institutional complex, and within a
half-kilometer radius for residential buildings, at any
convenient scale, showing prominent landmarks or major
thoroughfares for easy reference.
b)Site development and/or location plan at scale of 1:200
M standard or any convenient scale for large scale development
showing position of building in relation to lot. Existing
buildings within and adjoining the lot shall be hatched, and
distances between the proposed and existing buildings shall be
indicated.
c)Floor plans at scale of not less than 1:100M
d)Elevation (at least four) at scale of not less than 1:100M
e)Sections (at least two) at scale of 1:100M
f)Foundation Plan at scale of not less than 1:100M
g)Floor-framing plan at scale of not less than 1:100M
h)Roof-framing plan at scale of not less than 1:100M
i)Details of footing/column at any convenient scale
j)Details of structural members at any convenient scale"
(emphasis and underscoring supplied)

Petitioners, civil engineers, essentially argue that the

aforesaid plans such as: a) Vicinity Map/Location Plan, b) Site

CA-G.R.. CV No. 93917

DECISION
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15

Development Plan, c) Perspective, d) Floor Plan, e) Elevations, f)

Sections and the like, that are to be submitted to building officials
as a requirement for a building permit, are plans that were
previously prepared and signed/sealed by civil engineers or
architects under the 1977 IRR. However, under the new revised
IRR, the said plans are now to be signed exclusively by architects.
The aforementioned provisions of the

Revised NBC IRR, the

petitioners argue, are contrary to existing laws particularly

Republic Act No. 544 (RA No. 544) otherwise known as "The Civil
Engineering Law", and Presidential Decree No. 1096 (PD 1096)
otherwise known as "The National Building Code of the
Philippines."

The architects, on the other hand, intervenor-appellees in

this case, as well as the public respondent-appellee Secretary of
Public Works and Highways, argue otherwise and deny that the
subject provisions in the Revised NBC IRR are contrary to existing
laws. They argue that

RA No. 544 and PD 1096 have been

repealed or modified accordingly by Republic Act No. 9266

otherwise known as "The Architecture Act of 2004" particularly
Section 20 (2) and (5), Article III, and Sections 25 and 29, Article

CA-G.R.. CV No. 93917

DECISION
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16

IV, thereof, which are so irreconcilably inconsistent and repugnant

to the laws cited and invoked by the petitioners.

All the assigned errors boil down to the following focal

issues:

1. Whether RA 544 and PD 1096 authorize civil engineers to

sign and seal plans enumerated in Section 302.4 of the Revised
NBC IRR;

2. Whether in fact there is an overlapping of functions

between architects and civil engineers.

3. Whether RA 9266 or the Architecture Act of

2004

repealed RA 544 of the Civil Engineering Law and PD 1096-the

National Building Code.

4. Whether the trial court erred in ruling that forum

shopping was present in this case.

The Court finds merit in this appeal.

CA-G.R.. CV No. 93917

DECISION
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17

RA 544 and PD 1096 allow Civil Engineers to Sign and Seal

"Architectural" Documents
As to the first assigned error, the petitioners-appellants
argue that the trial court erred in ruling that RA 544 or the Civil
Engineering Law, particularly Sections 2 and 23 thereof, does not
state in clear and unequivocal language that civil engineers can
prepare, sign and seal architectural documents.

First, it is imperative to identify what documents the law

considers as "architectural documents." The Court notes at the
outset

that

what

specific

documents

are

considered

as

"architectural documents" are not spelled out in the Old

Architecture Law (RA 545) nor in the Architecture Act of 2004 (RA
9266) but only under the implementing rules and regulations of
the National Building Code.

In

other words, while these

documents are being labeled as "architectural" documents, there

appears to be nothing, either in the old architecture law nor in the
2004 architecture act, to indicate that these documents are
exclusive to architects and can be prepared only by them except
the fact that they are being labeled as such. The labeling or the
enumeration,

therefore,

of

the

documents

specified

as

CA-G.R.. CV No. 93917

DECISION
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18

"architectural" in nature in the Revised NBC IRR appears to be

without any basis in the two architecture laws.

Neither can the basis be found in PD 1096 or the National

Building Code. On that score, it bears stressing that the Revised
NBC IRR are merely rules and regulations which seek to
implement PD 1096 which is its enabling law. If the labeling of
such documents as "architectural" in nature is not found in the two
architecture laws- RA 545 and RA 9266, nor covered in PD 1096,
then the Court is of the view that the DPWH Secretary may have
overstepped its rule making power when it labeled documents as
"architectural" in nature in the implementing rules absent any
basis in law for such a qualification. The rule-making power of
administrative agencies, it bears stressing, must be confined to
details for regulating the mode or proceedings to carry into
effect the law as it has been enacted, and it cannot be extended
to amend or expand the statutory requirements or to embrace
matters not covered by the statute. Administrative regulations
must always be in harmony with the provisions of the law because
any resulting discrepancy between the two will always be
resolved in favor of the basic law. (Office of the Solicitor General vs.
Ayala Land Inc., GR No. 177056, September 18, 2009)

CA-G.R.. CV No. 93917

DECISION
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19

In any case, comparing Section 302(4) of the disputed

Revised NBC IRR (aforequoted) and Section 3.2.1 of MO No.57
(aforequoted), "architectural documents" appear to be the
following: 1) Location Plan; 2) Site Development Plan; 3) Floor
Plans; 4) Elevations; 5) Sections; 6) Foundation plan; 7) Floorframing plan; 8) Roof-framing plan; 9) Details of footing/column;
10) Details of Structural members. From the foregoing, the Court
discerns that what are considered "architectural documents" by
the implementing rules and regulations of the National Building
Code are essentially various documents pertaining to the design
of a building or structure.

Now, the threshold question to be answered is can civil

engineers prepare plans and specifications pertaining to the
design of a building or structure and sign and seal the same?

The Court answers in the affirmative.

It is true that the same documents enumerated under Section

302(4) of the Revised NBC IRR are not mentioned either in the
Civil Engineering Law or RA 544. However, RA 544 explicitly

CA-G.R.. CV No. 93917

DECISION
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20

provides that the practice of civil engineering includes the

designing of buildings.

Section 2 and 23 of RA 544 provides as follows:

"Section 2. Definition of terms. (a) The practice of

civil engineering within the meaning and intent of this Act
shall embrace services in the form of consultation, design,
preparation of plans, specifications, estimates, erection,
installation and supervision of the construction of streets,
bridges, highways, railroads,airports and hangars, portworks,
canals, river and shore improvements, lighthouses, and dry
docks; buildings, fixed structures for irrigation, flood
protection, drainage, water supply and sewerage works;
demolition of permanent structures; and tunnels. The
enumeration of any work in this section shall not be
construed as excluding any other work requiring civil
engineering knowledge and application.
xxx

xxx

xxx

Section 23. Preparation of plans and supervision of

construction by registered civil engineer. It shall be
unlawful for any person to order or otherwise cause the
construction, reconstruction, or alteration of any building or
structure intended for public gathering or assembly such as
theaters, cinematographs, stadia, churches or structures of like
nature, and any other engineering structures mentioned in
section two of this Act unless the designs, plans, and
specifications of same have been prepared under the
responsible charge of, and signed and sealed by a registered
civil engineer, and unless the construction, reconstruction
and/or alteration thereof are executed under the responsible
charge and direct supervision of a civil engineer. Plans and

CA-G.R.. CV No. 93917

DECISION
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21

designs of structures must be approved as provided by law or

ordinance of a city or province or municipality where the said
structure is to be constructed." (emphasis and underscoring
supplied)

Clear from the aforequoted sections of the Civil Engineering

Law is the express authority granted to civil engineers to render
services of designing as well as the preparation of plans and
specifications for various buildings.

Private respondents United Architects of the Philippines

(UAP) argue in their appeal brief that the term "building" as it is
being used in sections 2 and 23 of RA 544 should be interpreted to
mean that it is in some way connected with waterworks and that it
precludes buildings for residential purposes and those not
intended for public gathering. Thus, appellee UAP insists that the
express grant to civil engineers to prepare and sign documents is
limited to the aforementioned structures following the principle of
noscitur a sociis or associated words.

The Court does not agree.

It is a cardinal rule in statutory construction that in

CA-G.R.. CV No. 93917

DECISION
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22

interpreting the meaning and scope of a term used in the law, a

careful review of the whole law involved, as well as the
intendment of the law, must be made. (Alpha Investigation and
Security Agency, Inc. vs. NLRC, 339 Phil. 40, 44 (1997))

In the present case, the Court notes Section 15 2(c) of RA 544

provides as follows:
" Section 15.
xxx

xxx

Exemption from registrationxxx

(2) Any person residing in the Philippines may make

plans or specifications for any of the following:
(a) Any building in chartered cities or in towns with
building ordinances, not exceeding the space requirement
specified therein, requiring the services of a civil engineer.
xxx

xxx

xxx

(c) Provided, however, That there shall be nothing in

this Act that will prevent any person from constructing his
own (wooden or light material) residential house, utilizing the
services of a person or persons required for that purpose,
without the use of a civil engineer, as long as he does not
violate local ordinances of the place where the building is to
be constructed. " (emphasis and underscoring supplied)

Clearly, considering that the said provision allows a person,

not a registered civil engineer, to make plans and specifications

CA-G.R.. CV No. 93917

DECISION
x---------------- x

for any building so long as it does not exceed

23

the space

requirements and to construct a residential house without the use

of a civil engineer so long as it is made of light and wooden
materials, it follows then that the general rule is that the plans and
specifications for the construction of any building, including a
residential house, may require the use of a civil engineer unless it
is exempted from doing so. Hence, to this Court it is not correct to
interpret the term "building", as it is being used in RA 544, to
mean that buildings for residential purposes and those not
intended for public gathering are outside the scope of the civil
engineer's authority.

Moreover, it does not make sense to the Court that civil

engineers would not have the authority to prepare plans and
specifications for residential buildings and structures not intended
for public gathering or assembly when the civil engineer has the
authority to prepare designs, plans and specifications for
structures intended for public gathering or assembly such as
theaters, shopping malls, office buildings, schools, airport
terminals etc.. As it is, the Court finds no plausible and rational
explanation as to why civil engineers would not have the expertise
to prepare plans for residential buildings when it has the expertise

CA-G.R.. CV No. 93917

DECISION
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24

to prepare plans for a large building such as a shopping mall.

There should be no distinction in the application of the law

where none is indicated. (Lo Cham vs. Ocampo, 77 Phil. 636, (1946))
Where the law does not distinguish, courts should not distinguish.
Ubi lex non distinguit nec nos distinguere debemos. (Commissioner of
Internal Revenue vs. COA, 218 SCRA 203, (1993))
That civil engineers are allowed to design buildings is
further shown in Section 308 of PD No. 1096 or the National
Building Code which provides as follows:

Section 308. Inspection and Supervision of Work.

The owner of the Building who is issued or granted a building
permit under this Code shall engage the services of a duly
licensed architect or civil engineer to undertake the full time
inspection and supervision of the construction work.
Such architect or civil engineer may or may not be the
same architect or civil engineer who is responsible for the
design of the building.
It is understood however that in either case, the
designing architect or civil engineer is not precluded from
conducting inspection of the construction work to check and
determine compliance with the plans and specifications of the
building as submitted.
There shall be kept at the jobsite at all times a logbook

CA-G.R.. CV No. 93917

DECISION
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25

wherein the actual progress of construction including tests

conducted, weather conditions and other pertinent data are to
be recorded.
Upon completion of the construction, the said licensed
architect or civil engineer shall submit the logbook, duly signed
and sealed, to the Building Official. He shall also prepare and
submit a Certificate of Completion of the project stating that the
construction of building conforms to the provisions of this
Code as well as with the approved plans and specifications.

That civil engineers are allowed to prepare, sign and seal

plans and specifications pertaining to architectural and structural
plans can also be seen in Section 302 of PD 1096 which provides
as follows:

Section 302. Application for permits.

In order to obtain a building permit, the applicant shall file an
application therefor in writing and on the prescribed form from
the office of the Building Official. Every application shall
provide at least the following information:
(1) A description of the work to be covered by the permit
applied for;
(2) Certified true copy of the TCT covering the lot on which the
proposed work is to be done. If the applicant is not the
registered owner, in addition to the TCT, a copy of the contract
of lease shall be submitted;

(3) The use or occupancy for which the proposal work is

intended;

CA-G.R.. CV No. 93917

DECISION
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26

(4) Estimated cost of the proposed work.

To be submitted together with such application are at least five

sets of corresponding plans and specifications prepared,
signed and sealed by a duly licensed architect or civil
engineer, in case of architectural and structural plans,
mechanical engineer in case of mechanical plans, and by a
registered electrical engineer in case of electrical plans, except
in those cases exempted or not required by the Building Official
under this Code.

The Court is mindful that it has been argued in this case that
the aforesaid statement as it appears, emphasized above, does not
appear in the official version of the National Building Code, as
published13 in the Official Gazette. Intervenors-appellees UAP
allege that the last paragraph of Section 302, as published in the
Official Gazette, only reads as follows:
"To be submitted together with such application are at
least five sets of corresponding plans and specifications
prepared, signed and sealed by a duly mechanical engineer in
case of mechanical plans, and by a registered electrical engineer
in case of electrical plans, except in those cases exempted or not
required by the Building Official under this Code.14 (emphasis
supplied)

However, a review of other official copies of the National

13
14

Record Vol. II pp. 816-825

Record Vol. II p.822

CA-G.R.. CV No. 93917

DECISION
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27

Building Code, particularly the copy15 stored in the National

Library, which also bears the signature of then President
Ferdinand E. Marcos, would reveal the contrary.16 Obviously,
therefore, the copy that was published in the Official Gazette
contained a clerical or typographical error or a misprint as it renders
the provision meaningless and inoperable since it left out the
plans and specifications of the architect and the civil engineer.

Should the copy of PD 1096 as it appears in the Official

Gazette, flawed as it may be, be the controlling copy?

The Court does not think so.

Considering that the typographical error is manifestly

obvious in view of the fact that the different official copies of the
same law are totally opposed with one another, prudence dictates
that the version that renders the statute operable or the one that
gives the statute sensible meaning and purpose be the one
preferred. To this Court, considering that the version published in
the Official Gazette contains a clerical/typographical error or a
misprint, resort must be made with the other official copies of the
15
16

Record Vol. III pp. 1406-1478

Record Vol. III p. 1421

CA-G.R.. CV No. 93917

DECISION
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28

law, particularly the copy stored in the National Library.

Overlapping of Functions

It has of course been argued in this case that civil engineers

are not simply qualified or that they do not have the expertise in
designing. Intervenors-appellees UAP vehemently argue that the
civil engineering curriculum does not have any subjects pertaining
to architectural design or planning. However, even assuming it to
be true that civil engineering does not have any subjects
pertaining to architectural design, the Court is of the view that
such omission does not mean that civil engineers are not qualified
to design buildings but rather that in terms of designing structures
with aesthetics in mind architects would have an advantage over
civil engineers. To reiterate, it is clear from the Civil Engineering
Law and the National Building Code, as discussed above, that the
practice of civil engineering also includes the design of
buildings.

It cannot be denied that architecture and civil engineering

are professions that are both engaged in the design and
construction of structures and often had overlapping functions. In

CA-G.R.. CV No. 93917

DECISION
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29

fact, until modern times there was no clear distinction between

civil engineering and architecture, and the term engineer and
architect were mainly geographical variations referring to the
same

person,

often

used

interchangeably.

(as

per

http://en.wikipedia.org/wiki/Civil_engineering citing The Architecture

of the Italian Renaissance by Jacob Burckhardt ISBN 0-8052-1082-2 )

In fact, this overlapping of function- that the civil engineers

could prepare plans and specifications that were also prepared by
architects- could be clearly seen in Section 12 of the Old
Architecture Law (RA 545). As explicitly provided in the said
section:
"Section 12. Registration of architects required. In
order to safeguard life, health and property, no person shall
practice architecture in this country, or engage in preparing
plans, specifications or preliminary data for the erection or
alteration of any building located within the boundaries of
this country, except in this last case when he is a duly
registered civil engineer, or use the title "Architect", or display
or use any title, sign, card, advertisement, or other device to
indicate that such person practices or offers to practice
architecture, or is an architect, unless such person shall have
secured from the examining body a certificate of registration in
the manner hereinafter provided, and shall thereafter comply
with the provisions of the laws of the Philippines governing the
registration and licensing of architects." (emphasis and
underscoring supplied)

CA-G.R.. CV No. 93917

DECISION
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30

The overlapping of functions between a civil engineer and

an architect was also clearly seen in Section 3.2 of the Old IRR
which allowed either a duly licensed architect or civil engineer to
prepare, sign and seal architectural and structural plans. In fact,
the overlapping of functions between professions is clearly
recognized under the Revised NBC IRR which states in Section
302.317 that architectural interior/interior design documents can be
signed either by architects or by interior designers.

If civil engineers were allowed to prepare, sign and seal

documents that were labeled as architectural documents under the
Old IRR, why then the sudden change in the Revised NBC IRR ?

In the appealed decision, the trial court held that the Civil
Engineering Law (RA 544) and the National Building Code (PD
SECTION 302. Application for Permits
xxx
xxx
xxx
3. Five (5) sets of survey plans, design plans, specifications and other documents prepared,
signed
and sealed over the printed names of the duly licensed and registered professionals (Figs.
III.1.
and III.2.):
xxx
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;
17

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DECISION
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31

1096) were deemed to have been repealed or modified accordingly

by the Architectural Act of 2004 (RA 9266).

The Court cannot agree.

RA 544 and PD 1096 cannot be repealed by RA 9266

First, the Court finds no such intent to expressly repeal RA

544 or PD 9266. It is true that RA 9266

contains a repealing

clause18 which repeals RA 545 and all other laws, orders, rules
and regulations or resolutions or part/s thereof inconsistent with
the provisions of RA 9266. However, settled is the rule that a
declaration in a statute, usually in its repealing clause, that a
particular and specific law, identified by its number and title is
repealed, is an express repeal; all other repeals are implied repeals
(Mecano vs. Commission on Audit, 216 SCRA 500, 504 (1992)) In this
case, RA 544 and PD 1096 were not specifically mentioned in the
repealing clause of RA 9266.

Second, the Court cannot consider RA 544 and PD 1096 as

18

SECTION 46. Repealing Clause. - Republic Act No. 545, as amended by Republic Act No. 1581
is hereby repealed and all other laws, orders, rules and regulations or resolutions or part/s thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

CA-G.R.. CV No. 93917

DECISION
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32

having been impliedly repealed by RA 9266. Elementary is the

rule that repeal of laws should be made clear and expressed.
Repeals by implication are not favored as laws are presumed to be
passed with deliberation and full knowledge of all laws existing
on the subject. (City Government of San Pablo, Laguna vs. Reyes, 305
SCRA 353 (1999)) Such repeals are not favored for a law cannot be
deemed repealed unless it is clearly manifest that the legislature so
intended it. (Intia, Jr. vs. Commission on Audit, 306 SCRA 593,
(1999)) The failure to add a specific repealing clause indicates that
the intent was not to repeal any existing law, unless an
irreconcilable inconsistency and repugnancy exist in the terms of
the new and old laws. (ibid)

In the present case, the Court finds no such inconsistency or

repugnancy between RA 9266 and RA 544 and PD 1096. In fact,
the aforesaid laws are different from each other since they govern
inherently different subject matters. RA 9266 is a special law
which governs the practice of architecture while RA 544 is the
special law governing the practice of civil engineering and PD
1096 is the law instituting a National Building Code. Hence, the
Court is of the view that RA 9266 can only repeal the old law
governing the practice of architecture or RA 545 and not RA 544

CA-G.R.. CV No. 93917

DECISION
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33

which governs the practice of civil engineering. Neither can RA

9266 repeal PD 1096 which is totally unrelated to RA 9266.

The trial court further ruled that the explanatory note of RA

9266 reveals an evident intent to delineate the rights of civil
engineers to prepare, sign and seal building plans. However, an
explanatory note cannot be used as justification to read a meaning
that does not appear, nor is reflected, in the language of a statute,
being written only by the author/proponent of the bill and a mere
expression of the author's views and reasons for the proposed
legislation and may not accordingly override the clear legislative
intent as expressed in the statute itself. (see People vs. Garcia, 85
Phil 657 (1950); Chong Yung Fa vs. Gianzon, 97 SCRA 913 (1955); and
Guzman vs. Municipality of Taytay, 65 Phil 340 (1938))

In this case, it is the considered view of the Court that the

clear legislative intent as expressed in Section 4319 of RA 9266 is
that the said law shall not be construed to affect or prevent the
practice of any other legally recognized profession.

It is

important to note at this point that civil engineers, in the exercise

of their legally recognized profession, have been signing and
19

SECTION 43. Act Not Affecting Other Professionals. - This Act shall not be construed to affect or
prevent the practice of any other legally recognized profession.

CA-G.R.. CV No. 93917

DECISION
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34

sealing the so called architectural documents which include the

Vicinity Map/Location Plan, Site Development Plan, Perspective,
Floor Plans, Elevations, Sections, Reflected Ceiling plans and the
like. As previously discussed, the civil engineers were expressly
given such authority to prepare, sign and seal these building
documents under PD 1096 and the Old IRR. Hence, the practice of
civil engineering cannot be affected or prevented by RA 9266.

No Forum Shopping

Finally, the Court is of the view that the trial court erred in
concluding that forum shopping was present in this case. It is true
that Civil Case No. Q-05-55273 pending before Branch 219 of the
RTC of Quezon City was similarly questioning the assailed
provision in the Revised NBC IRR. However, the Court notes that
the complaint in Civil Case No. Q-05-55273 was withdrawn by the
parties20 and subsequently dismissed by the trial court on July 18,
2006.21

As explained by the Supreme Court in Young vs. John Keng

Seng, G.R. No. 143464, March 05, 2003:
20
21

see par. 90, p.61Appellee's Brief for UAP (Rollo p. 241)

see Order, dated July 18, 2006 (Record Vol. III pp. 1513-1514)

CA-G.R.. CV No. 93917

DECISION
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35

"It is said that forum shopping is committed by a party

who, having received an adverse judgment in one forum, seeks
another opinion in another court, other than by appeal or the
special civil action of certiorari. More accurately, however,
forum shopping is the institution of two or more suits in
different courts, either simultaneously or successively, in order
to ask the courts to rule on the same or related causes and/or to
grant the same or substantially the same reliefs. It is an act of
malpractice that is prohibited and condemned because it trifles
with the courts and abuses their processes. It degrades the
administration of justice and adds to the already congested
court dockets." (emphasis and underscoring supplied)

And in Briones vs. Henson-Cruz, G.R. No. 159130, August 22,

2008 :
"Forum shopping is the act of a litigant who "repetitively
availed of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the
same transactions and the same essential facts and
circumstances, and all raising substantially the same issues
either pending in or already resolved adversely by some other
court to increase his chances of obtaining a favorable decision if
not in one court, then in another." It is directly addressed and
prohibited under Section 5, Rule 7 of the 1997 Rules of Civil
Procedure, and is signaled by the presence of the following
requisites: (1) identity of parties, or at least such parties who
represent the same interests in both actions, (2) identity of the
rights asserted and the relief prayed for, the relief being
founded on the same facts, and (3) identity of the two preceding
particulars such that any judgment rendered in the pending
case, regardless of which party is successful, would amount to
res judicata in the other. In simpler terms, the test to determine
whether a party has violated the rule against forum shopping is
where the elements of litis pendentia are present or where a final
judgment in one case will amount to res judicata in the other."

CA-G.R.. CV No. 93917

DECISION
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36

(emphasis and underscoring supplied)

Simply put, considering the withdrawal and consequent

dismissal of Civil Case No. Q-05-55273, the evils sought to be
avoided and prevented in forum shopping are already nonexistent. Hence, it cannot be said that forum shopping exists in
this case.

WHEREFORE, in view of all the foregoing, the appeal is

hereby GRANTED. The appealed Decision, dated January 29,
2008 is hereby

REVERSED and SET ASIDE and a new one

entered as follows:

a) Sections 302.3 and 4 of the Revised Implementing Rules

and Regulations of the National Building Code are hereby
declared null and void for being contrary to Republic Act 544 and
PD 1096 insofar as they prevent civil engineers from exercising
their right to prepare, sign and seal plans and designs of buildings
such as Vicinity Map/Location Plan, Site Development Plan,
Perspective, Floor Plans, Elevations, Sections, Reflected Ceiling
Plans and the like;

CA-G.R.. CV No. 93917

DECISION
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37

b) Civil engineers are hereby declared to have the right to

prepare, sign and seal plans and specifications enumerated in
Section 302.4 of the Revised Implementing Rules and Regulations
of the National Building Code for submission to Building Officials
as provided for under Republic Act No. 544 and Presidential
Decree No. 1096.

SO ORDERED.

ROMEO F. BARZA
Associate Justice

WE CONCUR:

NOEL G. TIJAM
Associate Justice
Chairperson, Ninth Division

EDWIN D. SORONGON
Associate Justice

CA-G.R.. CV No. 93917

DECISION
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CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, it is
hereby certified that the conclusions in the above decision were
reached in consultation before the case was assigned to the writer
of the opinion of the Court.

NOEL G. TIJAM
Associate Justice
Chairperson, Ninth Division