PICE Position Paper Re HB10234

PHILIPPINE INSTITUTE OF CIVIL ENGINEERS, INC.
2021 NATIONAL BOARD OF DIRECTORS

FIDEL V. RAMOS
Honorary President
Officers:
PETER PAUL P. DY, JR.
President
ADOR G. CANLAS
President-Elect
APRIL FRANCES AGATHA G. FLORES
Vice President
CARY H. BEATISULA
15 November 2021 Secretary
ADAM C. ABINALES
Treasurer
MARK JEROME P. TIONGSON
Business Manager
Position Paper in support of the Opposition of the Philippine IXOPERIO R. BONZON
Institute of Civil Engineers, Inc. (PICE) to House Bill No. 10234 P.R.O.
MARK DALE DIAMOND P. PERRAL
entitled “The Philippine Architecture Act of 2022.” Auditor
Directors:
ROSEIN A. ANCHETA, JR., Ph.D.
RENE E. FAJARDO
JOSEPH DOMINIC S. FELIZARTA
We are submitting this Position Paper in behalf of the Philippine Institute MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
of Civil Engineers, Inc. (PICE) to formally oppose the approval of House LAURENCE T. TATO
Bill No. 10234 entitled “The Philippine Architecture Act of 2022.” MYLENE NONETTE M. ZAMORA
ERDSAN RENE S. SUERO, DPA
Immediate Past President
PICE believes that the bill unduly encroaches upon the practice of the civil COUNCIL OF ADVISERS (PAST PRESIDENTS)
engineering profession and is unduly oppressive upon civil engineers. ROBERT S. LICUP, Ph.D.
MARIA CATALINA E. CABRAL, Ph.D.
Hence, we submit that if Congress will pass House Bill No. 10234, ERNESTO S. DE CASTRO, Ph.D.
thousands of civil engineers will be deprived of a substantial part of their EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
means of livelihood to the detriment not only of civil engineers but of their ROMEO S. MOMO
BENITO M. PACHECO, Ph.D.
family as well. This is especially true in the case of engineers who have JAIME A. PACANAN, Ph.D.
been practicing their profession to the full extent of their regulatory law VENANCIO I. BESAVILLA, JR.
WILLY T. GO
for decades who will be deprived of their right to do so with respect to the JUANITO P. ABERGAS
MOCAMAD M. RAKI-IN, SR.
matters affected by House Bill No. 10234. Thus, the interest of justice and MANUEL M. BONOAN
EFREN H. SISON
equity will not be served if House Bill No. 10234. While civil engineers BASHIR D. RASUMAN
acknowledge that Congress can pass laws to regulate professions, PICE NELSON Q. IRASGA
ANGEL L. LAZARO, III, Ph.D.
submits that laws should not favor one profession at the expense of
OTHER OFFICIALS
another; laws regulating one profession should not result in great RHONNIE C. ESTORES
prejudice to another profession. Executive Director
LEO CLETO A. GAMOLO

Legal Counsel
However, justice and equity is not the only reason why PICE believes that
AFFILIATE/FRATERNAL SOCIETIES
Congress should not pass the provisions of H.B. No. 10234 specified
ASEP - Association of Structural
below. There are also compelling constitutional and legal basis for the Engineers of the Philippines
opposition of PICE. PICE submits that: AACCEP - Association of Accredited
Consultant Civil Engineers
of the Philippines
a. House Bill No. 10234 violates the Constitutional right of Civil ACEEP - Association of Civil
Engineers to Due Process; Engineering Educators of
the Philippines
CMEAP - City and Municipal
b. House Bill No. 10234 violates the Overbreadth Doctrine; Engineers Association of
the Philippines
DELP - District Engineers League
c. The law is contrary to the State Policies and fundamental of the Philippines
principles in the regulation of professionals. PABO - Philippine Association of
Building Officials
PEAP - Provincial Engineers
Association of the Philippines
Philippine Institute of Civil Engineers. REAP - Road Engineering

PAMEA - Philippine Accredited Materials
The Philippine Institute of Civil Engineers, Inc. (PICE) is a non-stock, non- Engineers Association Inc.
profit corporation composed of civil engineers as members. Its members FPEA - Filipino Planning
Engineers Association
consist of the majority of around 177,324 registered civil engineers in the SEAD - Structural Engineers
registry of the Professional Regulation Commission. There are around Association of Davao Inc.
100,000 actively practicing civil engineers in the Philippines. PICE NATIONAL HEADQUARTERS
Unit 703, 7/F Future Point Plaza 1

Condominium, 112 Panay Avenue,
South Triangle, Quezon City1103 Philippines
Telephone Nos. +63 2 83765028/83981434
Email: [email protected]
Page 1 of 16
Website: www.pice.org.ph
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
The PICE has members in the government sector as well as the private CARY H. BEATISULA
sector. It has members in all provinces in the Philippines. There are also Secretary
105 PICE Chapters in different regions, provinces and cities across the ADAM C. ABINALES
Treasurer
country. MARK JEROME P. TIONGSON
Business Manager
IXOPERIO R. BONZON
With around 100,000 practicing civil engineers, it is safe to say that P.R.O.
millions depend on the practice of the profession. PICE’s members which Auditor
include not only the members of the civil engineers’ families but also the Directors:
people that they serve. RENE E. FAJARDO
MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
LAURENCE T. TATO
Governing Law. MYLENE NONETTE M. ZAMORA
Republic Act No. 544 otherwise known as the Civil Engineering Law COUNCIL OF ADVISERS (PAST PRESIDENTS)
governs the practice of civil engineering. The law was passed in the early ROBERT S. LICUP, Ph.D.
1950s and the same has not yet been repealed as of this date. Section 2, MARIA CATALINA E. CABRAL, Ph.D.
ERNESTO S. DE CASTRO, Ph.D.
Article I of RA No. 544 defines the practice of civil engineering as: EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
ROMEO S. MOMO
“SECTION 2. Definition of terms. – (a) The practice of civil BENITO M. PACHECO, Ph.D.
JAIME A. PACANAN, Ph.D.
engineering within the meaning and intent of this Act shall VENANCIO I. BESAVILLA, JR.
WILLY T. GO
embrace services in the form of consultation, design, preparation JUANITO P. ABERGAS
of plans, specifications, estimates, erection, installation and MANUEL M. BONOAN
supervision of the construction of streets, bridges, highways, EFREN H. SISON
BASHIR D. RASUMAN
railroads, airports and hangars, portworks, canals, river and NELSON Q. IRASGA
shore improvements, lighthouses, and dry docks; buildings, fixed
structures for irrigation, flood protection, drainage, water OTHER OFFICIALS
RHONNIE C. ESTORES
supply and sewerage works; demolition of permanent Executive Director
structures; and tunnels. The enumeration of any work in this LEO CLETO A. GAMOLO
Legal Counsel
section shall not be construed as excluding any other work
requiring civil engineering knowledge and application.
Engineers of the Philippines
Section 23 of the same law, RA No. 544, likewise expressly provides, inter AACCEP - Association of Accredited
alia, that it shall be unlawful for any person to order or otherwise cause of the Philippines
the construction, reconstruction or alteration of any building or structure ACEEP - Association of Civil
Engineering Educators of
intended for public gathering or assembly such as theaters, the Philippines
cinematographs, stadia, churches or structures of like nature and any CMEAP - City and Municipal
Engineers Association of
other engineering structures mentioned in the law unless the designs, the Philippines
plans and specifications of the same have been prepared under the DELP - District Engineers League
of the Philippines
responsible charge of and signed and sealed by a registered civil engineer.
PABO - Philippine Association of
Section 23 provides: Building Officials
“SECTION 23. Preparation of plans and supervision of REAP - Road Engineering
construction by registered civil engineer. - It shall be unlawful Association of the Philippines
for any person to order or otherwise cause the construction, PAMEA - Philippine Accredited Materials
Engineers Association Inc.
reconstruction, or alteration of any building or structure intended FPEA - Filipino Planning
for public gathering or assembly such as theaters, Engineers Association
cinematographers, stadia, churches or structures mentioned in SEAD - Structural Engineers

Association of Davao Inc.
section two of this Act unless the designs, plans and PICE NATIONAL HEADQUARTERS
specifications of the same have been prepared under the
responsible charge of, and signed and sealed by a registered civil Condominium, 112 Panay Avenue,
Telephone Nos. +63 2 83765028/83981434
Page 2 of 16
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
engineer, and unless the construction, reconstruction and/or CARY H. BEATISULA
alteration thereof are executed under the responsible charge and Secretary
direct supervision of a civil engineer Plans and designs of ADAM C. ABINALES

Treasurer
structures must be approved as provided by law or ordinance of MARK JEROME P. TIONGSON
Business Manager
a city or province or municipality where the said structure is to IXOPERIO R. BONZON
be constructed.” P.R.O.
Auditor
Hence, for more than seventy years, civil engineers have been exercising Directors:
their profession under the aegis of R.A. 544. Civil engineers practice their RENE E. FAJARDO
profession within the limits and as defined under R.A. 544. MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
LAURENCE T. TATO
In fact, even prior to the enactment of RA 544, buildings have been MYLENE NONETTE M. ZAMORA
constructed using the plans prepared, signed and sealed by civil engineers. ERDSAN RENE S. SUERO, DPA
Thousands of buildings in the Philippines have been constructed with the COUNCIL OF ADVISERS (PAST PRESIDENTS)
benefit of the expertise of civil engineers in preparing building plans. Civil ROBERT S. LICUP, Ph.D.
engineers have been steadfast and reliable for more than 100 years and MARIA CATALINA E. CABRAL, Ph.D.
their expertise cannot be questioned based on the extent of their EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
accomplishments. Civil engineers perform the same services in the ROMEO S. MOMO
government too. Public buildings benefitted from these services which are JAIME A. PACANAN, Ph.D.
oftentimes free services. VENANCIO I. BESAVILLA, JR.
WILLY T. GO
JUANITO P. ABERGAS
RA 544 therefore reiterated, confirmed and/or expressly recognized the MANUEL M. BONOAN
right of civil engineers to prepare, sign and seal building plans. In EFREN H. SISON
BASHIR D. RASUMAN
accordance with RA 544, civil engineers have been preparing, signing, and NELSON Q. IRASGA
placing their seals on building plans which include: a) Vicinity
Map/Location Plan, b) Site Development Plan, c) Perspective, d) Floor Plan, OTHER OFFICIALS
RHONNIE C. ESTORES
e) Elevations, f) Sections and the like. Executive Director
LEO CLETO A. GAMOLO

Legal Counsel
Thus, it is not an exaggeration to say that the means of livelihood of
thousands of civil engineers are dependent on the continued force of the AFFILIATE/FRATERNAL SOCIETIES
provision. Undue limitation on their means of livelihood as defined under Engineers of the Philippines
R.A. 544 will also adversely affect the civil engineers families, employees, AACCEP - Association of Accredited
clients and the public as well. of the Philippines
ACEEP - Association of Civil
the Philippines
Discussion of the Reason Why PICE Opposes House Bill No. CMEAP - City and Municipal
10234. the Philippines
of the Philippines
a. Deprivation of Due Process.
Building Officials
It is well settled that the practice of profession, including the practice of PEAP - Provincial Engineers
civil engineering, “has taken on the nature of a property right.” Hence, REAP - Road Engineering
undue restriction on the practice of profession amounts to violation of the Association of the Philippines
due process clause of the Constitution (Corona v. United Harbor Pilots PAMEA - Philippine Accredited Materials
Association of the Philippines, G.R. No. 111953, December 12, 1997 ). The FPEA - Filipino Planning
Supreme Court explained this principle in one case: Engineers Association
SEAD - Structural Engineers
After carefully examining the records and deliberating on the PICE NATIONAL HEADQUARTERS
arguments of the parties, the Court is convinced that PPA-AO No.
04-92 was issued in stark disregard of respondents' right against Condominium, 112 Panay Avenue,
Telephone Nos. +63 2 83765028/83981434
Page 3 of 16 Website: www.pice.org.ph
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
deprivation of property without due process of law. CARY H. BEATISULA
Consequently, the instant petition must be denied. Secretary
ADAM C. ABINALES
Treasurer
Section 1 of the Bill of Rights lays down what is known as the MARK JEROME P. TIONGSON
Business Manager
"due process clause" of the Constitution, viz.: IXOPERIO R. BONZON
P.R.O.
"SEC. 1. No person shall be deprived of life, liberty, or property Auditor
without due process of law, . . ." Directors:
RENE E. FAJARDO
In order to fall within the aegis of this provision, two conditions MARIBEL D. MARTIREZ
must concur, namely, that there is a deprivation and that such PERCIVAL C. PANOPIO
LAURENCE T. TATO
deprivation is done without proper observance of due process. MYLENE NONETTE M. ZAMORA
When one speaks of due process of law, however, a distinction ERDSAN RENE S. SUERO, DPA
must be made between matters of procedure and COUNCIL OF ADVISERS (PAST PRESIDENTS)
matters of substance. In essence, procedural due process "refers ROBERT S. LICUP, Ph.D.
to the method or manner by which the law is enforced," while MARIA CATALINA E. CABRAL, Ph.D.
substantive due process "requires that the law itself, not merely EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
the procedures by which the law would be enforced, is fair, ROMEO S. MOMO
reasonable, and just." PPA-AO No. 04-92 must be examined in JAIME A. PACANAN, Ph.D.
light of this distinction. prLL VENANCIO I. BESAVILLA, JR.
WILLY T. GO
x x x JUANITO P. ABERGAS
Upon the other hand, it is also contended that the sole and MANUEL M. BONOAN
exclusive right to the exercise of harbor pilotage by pilots is a EFREN H. SISON
BASHIR D. RASUMAN
settled issue. Respondents aver that said right has become NELSON Q. IRASGA
vested and can only be "withdrawn or shortened" by observing
the constitutional mandate of due process of law. Their OTHER OFFICIALS
RHONNIE C. ESTORES
argument has thus shifted from the procedural to Executive Director
one of substance. It is here where PPA-AO No. 04-92 fails to LEO CLETO A. GAMOLO
Legal Counsel
meet the condition set by the organic law.
There is no dispute that pilotage as a profession has taken on Engineers of the Philippines
the nature of a property right. Even petitioner Corona recognized AACCEP - Association of Accredited
this when he stated in his March 17, 1993, decision that "(t)he of the Philippines
exercise of one's profession falls within the constitutional ACEEP - Association of Civil
guarantee against wrongful deprivation of, or interference with, the Philippines
property rights without due process." He merely expressed the CMEAP - City and Municipal
opinion that "(i)n the context of this case PPA-AO 04-92 does not the Philippines
constitute a wrongful interference with, let alone a wrongful DELP - District Engineers League
of the Philippines
deprivation of, the property rights of those affected thereby, and
that "PPA-AO 04-92 does not forbid, but merely regulates, the Building Officials
exercise by harbor pilots of their profession." As will be presently PEAP - Provincial Engineers
demonstrated, such supposition is gravely erroneous and tends REAP - Road Engineering
to perpetuate an administrative order which is not only Association of the Philippines
unreasonable but also superfluous. PAMEA - Philippine Accredited Materials

FPEA - Filipino Planning
Pilotage, just like other professions, may be practiced only by Engineers Association
duly licensed individuals. Licensure is "the granting of license SEAD - Structural Engineers
especially to practice a profession." It is also "the PICE NATIONAL HEADQUARTERS
system of granting licenses (as for professional practice) in
accordance with established standards." A license is a right or Condominium, 112 Panay Avenue,
. Telephone Nos. +63 2 83765028/83981434
Page 4 of 16
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
permission granted by some competent authority to carry on a CARY H. BEATISULA
business or do an act which, without such license, would be Secretary
illegal. ADAM C. ABINALES

Treasurer
Business Manager
Before harbor pilots can earn a license IXOPERIO R. BONZON
to practice their profession, they literally have to pass through P.R.O.
the proverbial eye of a needle by taking, not one Auditor
but five examinations, each followed by actual training Directors:
and practice. Thus, the court a quo observed: RENE E. FAJARDO
MARIBEL D. MARTIREZ
“Petitioners (herein respondents) contend, and the respondents PERCIVAL C. PANOPIO
LAURENCE T. TATO
(herein petitioners) do not deny, that here (sic) in this MYLENE NONETTE M. ZAMORA
jurisdiction, before a person can be a harbor pilot, he must pass ERDSAN RENE S. SUERO, DPA
five (5) government professional examinations, namely, (1) For COUNCIL OF ADVISERS (PAST PRESIDENTS)
Third Mate and after which he must work, train and practice on ROBERT S. LICUP, Ph.D.
board a vessel for at least a year; (2) For Second Mate and after MARIA CATALINA E. CABRAL, Ph.D.
which he must work, train and practice for at least a year; (3) EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
For chief Mate and after which he must work, train ROMEO S. MOMO
and practice for at least a year; (4) For a Master Mariner and BENITO M. PACHECO, Ph.D.
after which he must work as Captain of vessels for at least two VENANCIO I. BESAVILLA, JR.
WILLY T. GO
(2) years to qualify for an examination to be a pilot; and JUANITO P. ABERGAS
finally, of course, that given for pilots." MOCAMAD M. RAKI-IN, SR.
MANUEL M. BONOAN
EFREN H. SISON
BASHIR D. RASUMAN
Their license is granted in the form of an appointment which NELSON Q. IRASGA
allows them to engage in pilotage until they retire at the age 70 ANGEL L. LAZARO, III, Ph.D.
years. This is a vested right. Under the terms of PPA-AO No. 04- OTHER OFFICIALS
92, "(a)ll existing regular appointments which have been RHONNIE C. ESTORES
Executive Director
previously issued by the Bureau of Customs or the PPA shall LEO CLETO A. GAMOLO
remain valid up to 31 December 1992 only," and "(a)ll Legal Counsel
appointments to harbor pilot positions in all pilotage districts AFFILIATE/FRATERNAL SOCIETIES
shall, henceforth, be only for a term of one (1) year from ASEP - Association of Structural
date of effectivity subject to renewal or cancellation by the AACCEP - Association of Accredited
Authority after conduct of a rigid evaluation of performance. Consultant Civil Engineers
of the Philippines
It is readily apparent that PPA-AO No. 04-92 unduly restricts the Engineering Educators of
the Philippines
right of harbor pilots to enjoy their profession before their CMEAP - City and Municipal
compulsory retirement. In the past, they enjoyed a Engineers Association of
the Philippines
measure of security knowing that after passing five examinations DELP - District Engineers League
and undergoing years of on-the-job training, they would have a of the Philippines
license which they could use until their retirement, unless sooner Building Officials
revoked by the PPA for mental or physical unfitness. Under the PEAP - Provincial Engineers
new issuance, they have to contend with an annual Association of the Philippines
REAP - Road Engineering
cancellation of their license which can be temporary or Association of the Philippines
permanent depending on the outcome of their performance PAMEA - Philippine Accredited Materials
evaluation. Veteran pilots and neophytes alike are suddenly FPEA - Filipino Planning
confronted with one-year terms which ipso facto expire at the Engineers Association
end of that period. Renewal of their license is now dependent on SEAD - Structural Engineers
a "rigid evaluation of performance" which is conducted only after
PICE NATIONAL HEADQUARTERS
the license has already been cancelled. Hence, the use of the
term "renewal" It is this pre-evaluation cancellation which Unit 703, 7/F Future Point Plaza 1
. South Triangle, Quezon City1103 Philippines
Telephone Nos. +63 2 83765028/83981434
Page 5 of 16
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
primarily makes PPA-AO No. 04-92 unreasonable and CARY H. BEATISULA
constitutionally infirm. In a real sense, it is a Secretary
deprivation of property without due process of law” (Corona v. ADAM C. ABINALES

Treasurer
United Harbor Pilots Association of the Philippines, G.R. No. MARK JEROME P. TIONGSON
Business Manager
111953, December 12, 1997). IXOPERIO R. BONZON
P.R.O.
While the above-quoted case involves a different profession and a Auditor
different rule, the Constitutional principle is equally applicable - there Directors:
should be no undue restriction on the right of professionals to enjoy RENE E. FAJARDO
their profession. There is undue restriction if a profession or professionals MARIBEL D. MARTIREZ
will be deprived of the practice of their profession although “in the past, PERCIVAL C. PANOPIO
LAURENCE T. TATO
they enjoyed a measure of security” knowing that after passing MYLENE NONETTE M. ZAMORA
examinations and undergoing years of training that they will be able to ERDSAN RENE S. SUERO, DPA
exercise their profession to the full extent of the law. Indeed, around a COUNCIL OF ADVISERS (PAST PRESIDENTS)
hundred thousand civil engineers are actively exercising their rights within ROBERT S. LICUP, Ph.D.
the framework of R.A. 544. Civil engineers hurdled the challenge of MARIA CATALINA E. CABRAL, Ph.D.
rigorous training in school and in passing the board examinations and later EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
on, their training in their respective field with the reasonable expectation ROMEO S. MOMO
that they will continue to enjoy their rights as civil engineers. When civil JAIME A. PACANAN, Ph.D.
engineers chose their profession, they expected that they would continue VENANCIO I. BESAVILLA, JR.
WILLY T. GO
the full extent of the practice of profession; they did not expect that they JUANITO P. ABERGAS
would be left with the leftovers of architects who, under the House Bill MANUEL M. BONOAN
No. 10234, are supposed to take more and more to the exclusion of other EFREN H. SISON
BASHIR D. RASUMAN
professions. House Bill No. 10234 does not even provide for overlapping NELSON Q. IRASGA
of functions. Civil engineers will then effectively have diminished license
for a greatly reduced practice of profession. It is like being forced to OTHER OFFICIALS
RHONNIE C. ESTORES
partially surrender their license or being partially permanently disabled to Executive Director
practice the profession. The effect therefore makes H.B. No. 10234 LEO CLETO A. GAMOLO
Legal Counsel
“unreasonable and constitutionally infirm. In a real sense, it is a
deprivation of property without due process of law” (Corona v. United AFFILIATE/FRATERNAL SOCIETIES
Harbor Pilots Association of the Philippines, G.R. No. 111953, December Engineers of the Philippines
12, 1997). AACCEP - Association of Accredited
of the Philippines
Indeed, PICE believes that House Bill No. 10234 has the same effect of ACEEP - Association of Civil
unduly restricting the practice of the profession of civil engineers. the Philippines
As noted earlier, Section 2 and 23 of Republic Act No. 544, the Civil the Philippines
Engineering Law, provide that the practice of civil engineering allows civil DELP - District Engineers League
of the Philippines
engineers to design and to build building. The services of civil engineers
are in in the form of consultation, design, preparation of plans, Building Officials
specifications, estimates of buildings and structures. Under Section 23, PEAP - Provincial Engineers
these include any building or structure intended for public gathering or REAP - Road Engineering
assembly such as theaters, cinematographers, stadia, churches or Association of the Philippines
structures. PAMEA - Philippine Accredited Materials

It is understandable that House Bill No. 10234 restricts the practice of Engineers Association
architecture to architects. There is also no dispute that it is necessary to SEAD - Structural Engineers
impose sanctions on persons who illegally practice the practice of PICE NATIONAL HEADQUARTERS
architecture. However, what is unconstitutional about House Bill No.
10234 is the fact that the bill expands the term “architecture” so as to Condominium, 112 Panay Avenue,
encroach upon and deprive civil engineers of their rights. Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
Section 3 of House Bill No. 10234 contains the following definitions:
CARY H. BEATISULA
Secretary
v. “Building” means a structure for habitation and other uses, ADAM C. ABINALES
Treasurer
which the architect shall prepare the architectural documents MARK JEROME P. TIONGSON
Business Manager
which may include “structural conceptualization”, and for which IXOPERIO R. BONZON
the civil engineer shall prepare the pertinent structural design P.R.O.
and the civil works design for the ground and site, and for which MARK DALE DIAMOND P. PERRAL
Auditor
the civil engineer may be jointly involved in activities relating to Directors:
the building and grounds document review and permitting RENE E. FAJARDO
process, construction, supervision, management, administration, JOSEPH DOMINIC S. FELIZARTA
MARIBEL D. MARTIREZ
operation and management, and reconstruction. PERCIVAL C. PANOPIO
LAURENCE T. TATO
MYLENE NONETTE M. ZAMORA
g. “Architectural documents” mean legal or contract documents ERDSAN RENE S. SUERO, DPA
that only registered and licensed architects can sign and seal,
COUNCIL OF ADVISERS (PAST PRESIDENTS)
consisting among others, of site development plans; ....... , code ROBERT S. LICUP, Ph.D.
plans, ....... , and detail drawings; ........ and other instruments MARIA CATALINA E. CABRAL, Ph.D.
of service of any form. EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
ROMEO S. MOMO
ww. “Structural Conceptualization” means the conception, BENITO M. PACHECO, Ph.D.
design, and development of the type, disposition, arrangement, VENANCIO I. BESAVILLA, JR.
and proportioning of the structural elements of architectural WILLY T. GO

JUANITO P. ABERGAS
work, giving due consideration to safety, cost-effectiveness, MOCAMAD M. RAKI-IN, SR.
MANUEL M. BONOAN
functionality, and aesthetics. EFREN H. SISON
BASHIR D. RASUMAN
NELSON Q. IRASGA
The above definitions emasculate the practice of civil engineering. The ANGEL L. LAZARO, III, Ph.D.
definitions restrict the practice of civil engineering. The definitions remove OTHER OFFICIALS
functions that have been performed by civil engineers and have been the RHONNIE C. ESTORES
Executive Director
source of their livelihood for more than a hundred years. LEO CLETO A. GAMOLO
Legal Counsel
The quoted provisions in the Bill imply that the architects have the AFFILIATE/FRATERNAL SOCIETIES
exclusive right to sign and seal plans for buildings, in as much as ASEP - Association of Structural
architectural documents will now include (1) structural conceptualization AACCEP - Association of Accredited
for which the civil engineer shall prepare the pertinent structural design; Consultant Civil Engineers
of the Philippines
and (2) site development plan for which the civil works design for the ACEEP - Association of Civil
ground and site shall also be done by a civil engineer. Engineering Educators of
the Philippines
As stated earlier, in accordance with RA 544, civil engineers have been Engineers Association of
the Philippines
preparing, signing and placing their seals on building plans which include: DELP - District Engineers League
a) Vicinity Map/Location Plan, b) Site Development Plan, c) Perspective, of the Philippines
d) Floor Plan, e) Elevations, f) Sections and the like. This has been PABO - Philippine Association of
Building Officials
strengthen by the Court of Appeals as it declared that Civil Engineers have PEAP - Provincial Engineers
the right to prepare documents pertaining to the design of a building or Association of the Philippines
structure which include: 1) Location Plan; 2) Site Development Plan; 3) Association of the Philippines
Floor Plans; 4) Elevations; 5) Sections 6) Foundation plan; 7) Floor PAMEA - Philippine Accredited Materials
Framing Plan; 8) Roof-framing plan 9) Details of footing/column; 10)
Details of Structural Members. Unfortunately, with the definitions under Engineers Association
House Bill No. 10234, Civil Engineers can no longer exercise the full extent SEAD - Structural Engineers
of the practice of their profession that they have been exercising for a long
period and over which they have existing property right.
Telephone Nos. +63 2 83765028/83981434
Page 7 of 16
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
We also adopt the arguments of the Professional Regulatory Board of Civil APRIL FRANCES AGATHA G. FLORES
Vice President
Engineering in their separate Position Paper that, under House Bill No. CARY H. BEATISULA
10234, “the civil engineer becomes mere designer under the architects Secretary
and has lost his right to fully practice his profession” (Annex “A”) The ADAM C. ABINALES
Treasurer
Professional Regulatory Board of Civil Engineering likewise correctly stated MARK JEROME P. TIONGSON
Business Manager
that: IXOPERIO R. BONZON
P.R.O.
“Even in activities relating to the building and grounds document Auditor
review and permitting processes, construction supervision, Directors:
management, administration, operation and reconstruction, a RENE E. FAJARDO
civil engineer may be considered by the architect to participate MARIBEL D. MARTIREZ
and in a sense, has been stripped of his vested right to practice PERCIVAL C. PANOPIO
LAURENCE T. TATO
the scope of his profession. MYLENE NONETTE M. ZAMORA
Further, in Item ww., “structural conceptualization” is defined as COUNCIL OF ADVISERS (PAST PRESIDENTS)
to mean the design and proportioning of structural elements. We ROBERT S. LICUP, Ph.D.
would like to point out that structural design is basically ERNESTO S. DE CASTRO, Ph.D.
proportioning of structural elements and structural engineering EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
is a specialized field in civil engineering. ROMEO S. MOMO
Therefore, “Buildings” and “Architectural documents” as defined VENANCIO I. BESAVILLA, JR.
WILLY T. GO
in HB 10234 should not include “structural conceptualization” and JUANITO P. ABERGAS
“site development plans”. “Structures” should not be within the MANUEL M. BONOAN
scope of the practice of architecture if not clearly defined since EFREN H. SISON
BASHIR D. RASUMAN
they are within the competence and professional practice of civil NELSON Q. IRASGA
engineering.
OTHER OFFICIALS
RHONNIE C. ESTORES
There are 177,324 registered civil engineers in the registry of the Executive Director
Professional Regulation Commission. Based on the data from the LEO CLETO A. GAMOLO
Legal Counsel
Philippine Institute of Civil Engineers, the Accredited Professional
Organization for Civil Engineers by the PRC, there are about
100,000 active civil engineers who might be disenfranchised with Engineers of the Philippines
the passing of HB 10234.” (Annex A). AACCEP - Association of Accredited
of the Philippines
In addition, the Professional Regulatory Board of Civil Engineering also ACEEP - Association of Civil
pointed out that Section 2 of R.A. 544 makes it clear the civil engineers the Philippines
can also design and build not only buildings, but also: CMEAP - City and Municipal
1) Structures for highways and railroads to include bridges of various the Philippines
structural forms; DELP - District Engineers League
of the Philippines
2) Structures for airports including hangars;
3) Structures for ports and harbors including lighthouses and Building Officials
drydocks; PEAP - Provincial Engineers
4) Structures for canals, river and shore improvements. REAP - Road Engineering
5) Structures for irrigation, flood protection, drainage, water supply, Association of the Philippines
sewerage works; PAMEA - Philippine Accredited Materials
6) Tunnels, culverts, retaining structures; and FPEA - Filipino Planning
7) Towers for power and communication transmission. Engineers Association
However, Section 3 (a) of House Bill No. 10234 defines "Architecture" is
the art and science or profession of planning, designing, and realizing
buildings and structures, taking into account their environment and Unit 703, 7/F Future Point Plaza 1
following the principles of utility, strength, and beauty.” South Triangle, Quezon City1103 Philippines
Telephone Nos. +63 2 83765028/83981434
Page 8 of 16 Email: [email protected]
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
House Bill No. 10234 has therefore specifically included the term APRIL FRANCES AGATHA G. FLORES
Vice President
“structures” without further definition. As noted earlier, civil engineers CARY H. BEATISULA
have been designing buildings and have been preparing plans for Secretary
structures for more than a hundred years. Thus, to include “structures” in ADAM C. ABINALES
Treasurer
the scope of practice of architecture without defining which structures are MARK JEROME P. TIONGSON
Business Manager
included unduly makes architecture encroach upon the profession of civil IXOPERIO R. BONZON
engineers. The “structures” are within the competence and professional P.R.O.
practice of civil engineering. It was further explained: Auditor
Directors:
“Moreover, we object to the inclusion of “strength” of buildings RENE E. FAJARDO
and structures in the scope of architectural design. MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
LAURENCE T. TATO
While this representation agrees that the architects are more MYLENE NONETTE M. ZAMORA
qualified than civil engineers to design buildings taking into ERDSAN RENE S. SUERO, DPA
account space, shapes or forms, and historical context, we do COUNCIL OF ADVISERS (PAST PRESIDENTS)
not subscribe to the idea that they shall be entrusted the ROBERT S. LICUP, Ph.D.
responsibility with regard to structural strength, stability, and ERNESTO S. DE CASTRO, Ph.D.
safety of buildings and structures for which the civil engineers EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
have been specially trained to do so.” (Annex “A”). ROMEO S. MOMO
VENANCIO I. BESAVILLA, JR.
WILLY T. GO
b. Overbreadth Doctrine JUANITO P. ABERGAS
MANUEL M. BONOAN
Under the circumstances, we also believe that House Bill No. 10234 is EFREN H. SISON
BASHIR D. RASUMAN
unconstitutional in so far as the definition of architecture includes the term NELSON Q. IRASGA
“structure” and in so far as the definitions of “building”, “architectural
documents” and “structural conceptualization” in House Bill No. 10234 OTHER OFFICIALS
RHONNIE C. ESTORES
unduly restricts the practice of civil engineering and removes functions Executive Director
that civil engineers have been exercising as part of their property right. LEO CLETO A. GAMOLO
Legal Counsel
Worse, the definitions of “architectural documents” and “structures” in the
bill are vague as they do not specify which documents are included. It
merely focuses on the exclusive professional signing authority of the Engineers of the Philippines
architects. AACCEP - Association of Accredited
of the Philippines
Such features of the House Bill make it unconstitutional under the ACEEP - Association of Civil
“Overbreadth Doctrine.” The Supreme Court explained: the Philippines
“In De la Cruz v. Paras, this Court declared unconstitutional an the Philippines
ordinance characterized by overbreadth. In that case, the DELP - District Engineers League
of the Philippines
Municipality of Bocaue, Bulacan prohibited the operation of all
night clubs, cabarets and dance halls within its jurisdiction for the Building Officials
protection of public morals. Held the Court: PEAP - Provincial Engineers
:It cannot be said that such a sweeping exercise of a lawmaking Association of the Philippines
power by Bocaue could qualify under the term reasonable. The PAMEA - Philippine Accredited Materials
objective of fostering public morals, a worthy and desirable end FPEA - Filipino Planning
can be attained by a measure that does not encompass too wide Engineers Association
a field. Certainly the ordinance on its face is characterized by Association of Davao Inc.
overbreadth. The purpose sought to be achieved could have PICE NATIONAL HEADQUARTERS
been attained by reasonable restrictions rather than by an
absolute prohibition. The admonition in Salaveria should be Condominium, 112 Panay Avenue,
. Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
heeded: "The Judiciary should not lightly set aside legislative APRIL FRANCES AGATHA G. FLORES
Vice President
action when there is not a clear invasion of personal or property CARY H. BEATISULA
rights under the guise of police regulation." It is clear that in the Secretary
guise of a police regulation, there was in this instance a clear ADAM C. ABINALES
Treasurer
invasion of personal or property rights, personal in the case of MARK JEROME P. TIONGSON
Business Manager
those individuals desirous of patronizing those night clubs and IXOPERIO R. BONZON
property in terms of the investments made and salaries to be P.R.O.
earned by those therein employed. (Underscoring supplied) Auditor
Directors:
In Lupangco v. Court of Appeals, this Court, in declaring RENE E. FAJARDO
unconstitutional the resolution subject thereof, advanced a MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
similar consideration. That case involved a resolution issued by LAURENCE T. TATO
the Professional Regulation Commission which prohibited ERDSAN RENE S. SUERO, DPA
examinees from attending review classes and receiving handout Immediate Past President
materials, tips, and the like three days before the date of COUNCIL OF ADVISERS (PAST PRESIDENTS)
ROBERT S. LICUP, Ph.D.
examination in order to preserve the integrity and purity of the MARIA CATALINA E. CABRAL, Ph.D.
licensure examinations in accountancy. Besides being ERNESTO S. DE CASTRO, Ph.D.
EUGENIO R. PIPO, JR.
unreasonable on its face and violative of academic freedom, the DAVID G. SANCHEZ
ROMEO S. MOMO
measure was found to be more sweeping than what was BENITO M. PACHECO, Ph.D.
necessary, viz: JAIME A. PACANAN, Ph.D.
WILLY T. GO
JUANITO P. ABERGAS
Needless to say, the enforcement of Resolution No. 105 is not a MOCAMAD M. RAKI-IN, SR.
guarantee that the alleged leakages in the licensure MANUEL M. BONOAN
EFREN H. SISON
examinations will be eradicated or at least minimized. Making the BASHIR D. RASUMAN
NELSON Q. IRASGA
examinees suffer by depriving them of legitimate means of ANGEL L. LAZARO, III, Ph.D.
review or preparation on those last three precious days when OTHER OFFICIALS
they should be refreshing themselves with all that they have RHONNIE C. ESTORES
Executive Director
learned in the review classes and preparing their mental and
psychological make-up for the examination day itself — would LEO CLETO A. GAMOLO
Legal Counsel
be like uprooting the tree to get rid of a rotten branch. AFFILIATE/FRATERNAL SOCIETIES
What is needed to be done by the respondent is to find ASEP - Association of Structural
out the source of such leakages and stop it right there. If Engineers of the Philippines
AACCEP - Association of Accredited
corrupt officials or personnel should be terminated from their Consultant Civil Engineers
loss, then so be it. Fixers or swindlers should be flushed out. of the Philippines
Strict guidelines to be observed by examiners should be set up Engineering Educators of
and if violations are committed, then licenses should be the Philippines
suspended or revoked. ...(Emphasis and underscoring supplied) Engineers Association of
the Philippines
As in De la Cruz and Lupangco, the ordinances assailed herein DELP - District Engineers League
of the Philippines
are characterized by overbreadth. They go beyond what is PABO - Philippine Association of
Building Officials
reasonably necessary to solve the traffic problem. Additionally,
since the compulsory use of the terminal operated by petitioner Association of the Philippines
would subject the users thereof to fees, rentals and charges, REAP - Road Engineering
such measure is unduly oppressive, as correctly found by the PAMEA - Philippine Accredited Materials
appellate court. What should have been done was to determine Engineers Association Inc.
exactly where the problem lies and then to stop it right there. FPEA - Filipino Planning
The true role of Constitutional Law is to effect an equilibrium Association of Davao Inc.
between authority and liberty so that rights are exercised within PICE NATIONAL HEADQUARTERS
the framework of the law and the laws are enacted with due Unit 703, 7/F Future Point Plaza 1
deference to rights. (Underscoring supplied). South Triangle, Quezon City1103 Philippines
Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
A due deference to the rights of the individual thus requires a APRIL FRANCES AGATHA G. FLORES
Vice President
more careful formulation of solutions to societal problems. CARY H. BEATISULA
(Lucena Grand Central Terminal Inc. v. JAC Liner Inc., G.R. No. Secretary
148339, February 23, 2005). ADAM C. ABINALES

Treasurer
Business Manager
As stated in the above-quoted case, “due deference to the rights of the IXOPERIO R. BONZON
individual thus requires a more careful formulation of solutions to societal P.R.O.
problems.” Thus, it is submitted that there must also be due deference to MARK DALE DIAMOND P. PERRAL
Auditor
the rights of civil engineers in crafting the law that regulates other Directors:
professionals like architects. The Supreme Court further explained the RENE E. FAJARDO
doctrine: MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
LAURENCE T. TATO
A statute is considered void for overbreadth when ‘it offends the MYLENE NONETTE M. ZAMORA
constitutional principle that a governmental purpose to control or ERDSAN RENE S. SUERO, DPA
prevent activities constitutionally subject to state regulations may COUNCIL OF ADVISERS (PAST PRESIDENTS)
not be achieved by means which sweep unnecessarily broadly ROBERT S. LICUP, Ph.D.
and thereby invade the area of protected freedoms.’ (Zwickler v. MARIA CATALINA E. CABRAL, Ph.D.
Koota, 19 L ed 2d 444 [1967]). EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
ROMEO S. MOMO
‘In a series of decisions this Court has held that, even though the JAIME A. PACANAN, Ph.D.
governmental purpose be legitimate and substantial, that VENANCIO I. BESAVILLA, JR.
WILLY T. GO
purpose cannot be pursued by means that broadly stifle JUANITO P. ABERGAS
fundamental personal liberties when the end can be more MANUEL M. BONOAN
narrowly achieved. The breadth of legislative abridgment must EFREN H. SISON
BASHIR D. RASUMAN
be viewed in the light of less drastic means for achieving the NELSON Q. IRASGA
same basic purpose.
OTHER OFFICIALS
RHONNIE C. ESTORES
In Lovell v. Griffin , 303 US 444, 82 L ed 949, 58 S Ct. 666, the Executive Director
Court invalidated an ordinance prohibiting all distribution of LEO CLETO A. GAMOLO
Legal Counsel
literature at any time or place in Griffin, Georgia, without a
license, pointing out that so broad an interference was
unnecessary to accomplish legitimate municipal aims. In Engineers of the Philippines
Schneider v. Irvington, 308 US 147, 84 L ed 155, 60 S Ct.. 146, AACCEP - Association of Accredited
the Court dealt with ordinances of four different municipalities of the Philippines
which either banned or imposed prior restraints upon the ACEEP - Association of Civil
distribution of handbills. In holding the ordinances invalid, the the Philippines
court noted that where legislative abridgment of 'fundamental CMEAP - City and Municipal
personal rights and liberties' is asserted, ' the courts should be the Philippines
astute to examine the effect of the challenged legislation. Mere DELP - District Engineers League
of the Philippines
legislative preferences or beliefs respecting matters of public
convenience may well support regulation directed at other Building Officials
personal activities, but be insufficient to justify such as PEAP - Provincial Engineers
diminishes the exercise of rights so vital to the maintenance of REAP - Road Engineering
democratic institutions.' 308 US, at 161. In Cantwell v. Association of the Philippines
Connecticut, 310 US 296, 84 L ed 1213, 60 S Ct. 900, 128 ALR PAMEA - Philippine Accredited Materials
1352, the Court said that '[c]onduct remains subject to regulation FPEA - Filipino Planning
for the protection of society,' but pointed out that in each case Engineers Association
'the power to regulate must be so exercised as not, in attaining SEAD - Structural Engineers
a permissible end, unduly to infringe the protected freedom.’ PICE NATIONAL HEADQUARTERS
(310 US at 304) (Shelton v. Tucker, 364 US 479 [1960]) (Adiong
v. Commission on Elections, G.R. No. 103956, March 31, 1992]) Condominium, 112 Panay Avenue,
Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Civil engineers are entitled to the practice of their profession. They are APRIL FRANCES AGATHA G. FLORES
Vice President
entitled to pursue their profession to the full extent. As the Supreme Court CARY H. BEATISULA
stated in Corona v. United Harbor Pilots Association of the Philippines Secretary
(G.R. No. 111953, December 12, 1997), undue restriction on the practice ADAM C. ABINALES
Treasurer
of profession will amount to deprivation of the right to due process. MARK JEROME P. TIONGSON
Business Manager
IXOPERIO R. BONZON
P.R.O.
c. Civil Engineer as Member of Professional Regulatory Board for Auditor
Architecture. Directors:
RENE E. FAJARDO
Another reason why there is overbreadth in House Bill No. 10234 is the MARIBEL D. MARTIREZ
irregular inclusion of a civil engineer in the Professional Regulatory Board PERCIVAL C. PANOPIO
LAURENCE T. TATO
for Architecture. Section 4 of House Bill No. 10234 provides that a civil MYLENE NONETTE M. ZAMORA
engineer shall be one of the nine (9) members of the Professional ERDSAN RENE S. SUERO, DPA
Regulatory Board of Architecture. In addition, the City and Municipal COUNCIL OF ADVISERS (PAST PRESIDENTS)
Engineers Association of the Philippines in its Position Paper (Annex “B”) ROBERT S. LICUP, Ph.D.
likewise pointed out the following incongruent and non-compatible MARIA CATALINA E. CABRAL, Ph.D.
provisions: EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
ROMEO S. MOMO
1. Article II Section 4 par. C. Of the nine (9), one (1) shall be a JAIME A. PACANAN, Ph.D.
registered and licensed civil engineer nominated by the VENANCIO I. BESAVILLA, JR.
WILLY T. GO
Professional Regulatory Board of Civil Engineering and chosen JUANITO P. ABERGAS
by the Board of Architecture in the manner outlined in this MANUEL M. BONOAN
Article and promulgated by the President of the Philippines. EFREN H. SISON
BASHIR D. RASUMAN
NELSON Q. IRASGA
2. Article II Section 5 par. B. The Professional Regulatory Board
of Civil Engineering shall nominate three (3) civil engineers OTHER OFFICIALS
RHONNIE C. ESTORES
with active practices of twenty (20) years by the date of Executive Director
election, or a faculty members whose combined years of LEO CLETO A. GAMOLO
Legal Counsel
practice and teaching of engineering subjects in schools
amount twenty(20) years on the date of election, provided he
or she has at least ten(10) years of practice. Engineers of the Philippines
3. Article II Section 7 par. C. The Professional Regulatory Board of the Philippines
of Civil Engineering and Interior Design shall submit to the ACEEP - Association of Civil
Board of Architecture the names and qualifications of their the Philippines
nominees to serve in the Board of Architecture within one (1) CMEAP - City and Municipal
week of the election. the Philippines
of the Philippines
4. Article II Section 9 par. A.9.3 To select the Civil Engineering
and Interior Design representatives from the nominees Building Officials
submitted by their respective regulatory boards. Thereafter, PEAP - Provincial Engineers
the Board shall make its selection within the first week of REAP - Road Engineering
January. The Board may request to interview the civil engineer Association of the Philippines
and interior designer nominees beforehand if they so wish. PAMEA - Philippine Accredited Materials
5. Article II Section 9 par. B Term of office of the civil engineer Engineers Association
and interior designer member of the Board of Architecture: SEAD - Structural Engineers

1. The term of the civil engineer and interior designer selected
by the Board of Architecture shall be three (3) years. Condominium, 112 Panay Avenue,
Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
2. The Board may choose to retain the civil engineer or interior CARY H. BEATISULA
Secretary
designer board member for another three (3) years. ADAM C. ABINALES
Treasurer
3. The Board’s civil engineer and interior designer members MARK JEROME P. TIONGSON
may not serve as the Chair, Vice-Chair or Mentor. Business Manager
IXOPERIO R. BONZON
4. The civil engineer or interior designer board member may P.R.O.
not serve on the board for more than two consecutive MARK DALE DIAMOND P. PERRAL
Auditor
terms. Directors:
RENE E. FAJARDO
6. Article II Section 9 par. E Where a vacancy occurs other than JOSEPH DOMINIC S. FELIZARTA
MARIBEL D. MARTIREZ
by the expiry of the civil engineer and interior designer PERCIVAL C. PANOPIO
member’s term of office LAURENCE T. TATO
1. The Board shall fill the vacancy as soon as practicable to Immediate Past President
ensure the nine-member Board at all times. COUNCIL OF ADVISERS (PAST PRESIDENTS)
2. The Board shall select the replacement to fill the vacancy ROBERT S. LICUP, Ph.D.
from previous nominees of the Professional Regulatory ERNESTO S. DE CASTRO, Ph.D.
EUGENIO R. PIPO, JR.
Board of Civil Engineering or the Professional Regulatory DAVID G. SANCHEZ
Board of Interior Design to nominate a new batch of three ROMEO S. MOMO
nominees (Annex “A”) JAIME A. PACANAN, Ph.D.
WILLY T. GO
PICE objects to above-cited provisions. PICE objects to the inclusion of a JUANITO P. ABERGAS
civil engineer in the Professional Regulatory Board for Architecture. Civil MANUEL M. BONOAN
Engineers should not participate in the regulation of architects. In the EFREN H. SISON
BASHIR D. RASUMAN
same vein, the Architectural law should not include provisions regulating NELSON Q. IRASGA
other professionals like civil engineers. The law for architects should only
OTHER OFFICIALS
regulate architects.
RHONNIE C. ESTORES
Executive Director
The policy of the State policy regarding professional is expressed in LEO CLETO A. GAMOLO
Legal Counsel
Section 2 of Republic Act No. 8981 otherwise known as PRC Modernization
Act of 2000. Section 2 provides that “the State recognizes the important ASEP - Association of Structural
role of professionals in nation-building and, towards this end, promotes Engineers of the Philippines
the sustained development of a reservoir of professionals whose AACCEP - Association of Accredited

competence has been determined by honest and credible licensure of the Philippines
examinations and whose standards of professional service and practice ACEEP - Association of Civil
are internationally recognized and considered world-class brought about the Philippines
by regulatory measures, programs and activities that foster professional CMEAP - City and Municipal
growth and advancement.”| the Philippines
of the Philippines
On the other hand, Section 9 of the PRC Modernization Act of 2000 PABO - Philippine Association of
provides for the powers of the Professional Regulatory Boards: Building Officials
SECTION 9. Powers, Functions and Responsibilities of the REAP - Road Engineering
Various Professional Regulatory Boards. — The various Association of the Philippines
professional regulatory boards shall retain the following powers, PAMEA - Philippine Accredited Materials
functions and responsibilities: FPEA - Filipino Planning
(a) To regulate the practice of the professions in accordance with Association of Davao Inc.
the provisions of their respective professional regulatory laws; PICE NATIONAL HEADQUARTERS

Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
(b) To monitor the conditions affecting the practice of the CARY H. BEATISULA
profession or occupation under their respective jurisdictions and Secretary
whenever necessary, adopt such measures as may be deemed ADAM C. ABINALES

Treasurer
proper for the enhancement of the profession or occupation MARK JEROME P. TIONGSON
Business Manager
and/or the maintenance of high professional, ethical and IXOPERIO R. BONZON
technical standards, and for this purpose the members of the P.R.O.
Board duly authorized by the Commission with deputized Auditor
employees of the Commission, may conduct ocular inspections in Directors:
industrial, mechanical, electrical or chemical plants or RENE E. FAJARDO
establishments, hospitals, clinics, laboratories, testing facilities, MARIBEL D. MARTIREZ
mines and quarries, other engineering facilities and in the case PERCIVAL C. PANOPIO
LAURENCE T. TATO
of schools, in coordination with the Commission on Higher MYLENE NONETTE M. ZAMORA
Education (CHED); ERDSAN RENE S. SUERO, DPA


(c) To hear and investigate cases arising from violations of their ROBERT S. LICUP, Ph.D.
respective laws, the rules and regulations promulgated ERNESTO S. DE CASTRO, Ph.D.
thereunder and their Codes of Ethics and, for this purpose, may EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
issue summons, subpoena and subpoena duces tecum to ROMEO S. MOMO
alleged violators and/or witnesses to compel their attendance in JAIME A. PACANAN, Ph.D.
such investigations or hearings: Provided, That, the decision of VENANCIO I. BESAVILLA, JR.
WILLY T. GO
the Professional Regulatory Board shall, unless appealed to the JUANITO P. ABERGAS
Commission, become final and executory after fifteen (15) days MANUEL M. BONOAN
from receipt of notice of judgment or decision; EFREN H. SISON
BASHIR D. RASUMAN
NELSON Q. IRASGA
(d) To delegate the hearing or investigation of administrative
cases filed before them except in cases where the issue or OTHER OFFICIALS
RHONNIE C. ESTORES
question involved strictly concerns the practice of the profession Executive Director
or occupation, in which case, the hearing shall be presided over LEO CLETO A. GAMOLO
Legal Counsel
by at least one (1) member of the Board concerned assisted by
a Legal or Hearing Officer of the Commission;
(e) To conduct, through the Legal Officers of the Commission, AACCEP - Association of Accredited
summary proceedings on minor violations of their respective of the Philippines
regulatory laws, violations of the rules and regulations issued by ACEEP - Association of Civil
the boards to implement their respective laws, including the Philippines
violations of the general instructions to examinees committed by CMEAP - City and Municipal
examinees, and render summary judgment thereon which shall, the Philippines
unless appealed to the Commission, become final and executory DELP - District Engineers League
of the Philippines
after fifteen (15) days from receipt of notice of judgment or
decision; Building Officials
(f) Subject to final approval by the Commission, to recommend REAP - Road Engineering
registration without examination and the issuance of Association of the Philippines
corresponding certificate of registration and professional PAMEA - Philippine Accredited Materials

identification card; CDE FPEA - Filipino Planning
SIA Engineers Association
(g) After due process, to suspend, revoke or reissue, reinstate SEAD - Structural Engineers
certificate of registration or licenses for causes provided by law; PICE NATIONAL HEADQUARTERS

Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
(h) To prepare, adopt and issue the syllabi or tables of APRIL FRANCES AGATHA G. FLORES
Vice President
specifications of the subjects for examinations in consultation CARY H. BEATISULA
with the academe; determine and prepare the questions for the Secretary
licensure examinations which shall strictly be within the scope of ADAM C. ABINALES
Treasurer
the syllabus or table of specifications of the subject for MARK JEROME P. TIONGSON
Business Manager
examination; score and rate the examination papers with the IXOPERIO R. BONZON
name and signature of the Board member concerned appearing P.R.O.
thereon and submit the results in all subjects duly signed by the Auditor
members of the Board to the Commission within ten (10) days Directors:
from the last day of examination unless extended by the RENE E. FAJARDO
Commission for justifiable cause/s; and subject to the approval MARIBEL D. MARTIREZ
by the Commission, determine the appropriate passing general PERCIVAL C. PANOPIO
LAURENCE T. TATO
average rating in an examination if not provided for in the law MYLENE NONETTE M. ZAMORA
regulating the profession; and ERDSAN RENE S. SUERO, DPA


(i) To prepare an annual report of accomplishments on ROBERT S. LICUP, Ph.D.
programs, projects and activities of the Board during the year for ERNESTO S. DE CASTRO, Ph.D.
submission to the Commission after the close of each calendar EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
year and make appropriate recommendations on issues or ROMEO S. MOMO
problems affecting the profession to the Commission. JAIME A. PACANAN, Ph.D.
WILLY T. GO
Section 9, in relation to Section 2, of the PRC Modernization Act of 2000 JUANITO P. ABERGAS
reflects the scheme to implement policy of the State regarding MANUEL M. BONOAN
professional by providing for self-regulation. Each professional are EFREN H. SISON
BASHIR D. RASUMAN
regulated by separate Professional Regulatory Boards consisting of the NELSON Q. IRASGA
members of their own profession. Section 9 (a) includes the power of the
Regulatory Boards “to regulate the practice of the professions in OTHER OFFICIALS
RHONNIE C. ESTORES
accordance with the provisions of their respective professional regulatory Executive Director
laws.” LEO CLETO A. GAMOLO
Legal Counsel
Section 9 (a) is therefore clear that each profession must regulate their
own members through their own regulatory Boards and applying their Engineers of the Philippines
respective professional regulatory laws. The regime is therefore separate AACCEP - Association of Accredited
board for separate professionals under separate laws. It follows therefore of the Philippines
that civil engineers should be regulated by their own professional ACEEP - Association of Civil
regulatory board under their own separate law. the Philippines
Thus, under the prevailing system, the Professional Regulatory Board for the Philippines
Civil Engineers regulate Civil Engineers and civil engineers are regulated DELP - District Engineers League
of the Philippines
under R.A. 544, the Civil Engineering Law. Civil engineers are regulated
by civil engineers. The reason is obvious, civil engineers are in the best Building Officials
position to regulate their own peers. Civil engineers are the only persons PEAP - Provincial Engineers
with sufficient training, education and expertise to regulate civil engineers REAP - Road Engineering
and to perform the functions enumerated under Section 9 of the PRC Association of the Philippines
Modernization Act of 2000. It follows that architects should be regulated PAMEA - Philippine Accredited Materials
by architects not by civil engineers. FPEA - Filipino Planning
It is not necessary to involve civil engineers in any decision of the SEAD - Structural Engineers
Professional Regulatory Board for Architecture. The fact that there is only PICE NATIONAL HEADQUARTERS
one civil engineer makes his membership meaningless too as he will
always be outvoted by architects. Condominium, 112 Panay Avenue,
Telephone Nos. +63 2 83765028/83981434
FIDEL V. RAMOS
Honorary President
Officers:
President
ADOR G. CANLAS
President-Elect
Vice President
CARY H. BEATISULA
Secretary
Objection to the creation of the office of Municipal or City ADAM C. ABINALES

Treasurer
Architects. MARK JEROME P. TIONGSON
Business Manager
IXOPERIO R. BONZON
PICE likewise support the position of the City and Municipal Engineers P.R.O.
Association of the Philippines (Annex C) to oppose the mandatory Auditor
positions of Provincial Architect, City Architect and Municipal Architect and Directors:
the creation of Architectural Divisions. We believe that position is RENE E. FAJARDO
unnecessary and will result in additional needless expenses and red tape. MARIBEL D. MARTIREZ
PERCIVAL C. PANOPIO
LAURENCE T. TATO
Statement of Request. ERDSAN RENE S. SUERO, DPA


In closing, PICE respectfully adopts and supports the Position Paper of the ROBERT S. LICUP, Ph.D.
Professional Regulatory Board for Civil Engineers, the City and Municipal ERNESTO S. DE CASTRO, Ph.D.
Engineers Association of the Philippines and the Association of Structural EUGENIO R. PIPO, JR.
DAVID G. SANCHEZ
Engineers of the Philippines, Inc. (Annexes A, B and C). ROMEO S. MOMO
PICE reiterates its opposition to House Bill No. 10234 and respectfully VENANCIO I. BESAVILLA, JR.
WILLY T. GO
requests the House of Representatives not to pass such bill. JUANITO P. ABERGAS
MANUEL M. BONOAN
EFREN H. SISON
BASHIR D. RASUMAN
Respectfully yours, NELSON Q. IRASGA
OTHER OFFICIALS
RHONNIE C. ESTORES
Executive Director
ENGR. PETER PAUL P. DY, JR. LEO CLETO A. GAMOLO
Legal Counsel
National President
of the Philippines
the Philippines
the Philippines
of the Philippines
Building Officials
PAMEA - Philippine Accredited Materials

Telephone Nos. +63 2 83765028/83981434

PICE Position Paper Re HB10234

Uploaded by

Copyright:

Available Formats

PICE Position Paper Re HB10234

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PICE Position Paper Re HB10234

Uploaded by

Copyright:

Available Formats

PHILIPPINE INSTITUTE OF CIVIL ENGINEERS, INC.

2021 NATIONAL BOARD OF DIRECTORS

LEO CLETO A. GAMOLO

Philippine Institute of Civil Engineers. REAP - Road Engineering

Unit 703, 7/F Future Point Plaza 1

cinematographers, stadia, churches or structures mentioned in SEAD - Structural Engineers

direct supervision of a civil engineer Plans and designs of ADAM C. ABINALES

LEO CLETO A. GAMOLO

unreasonable but also superfluous. PAMEA - Philippine Accredited Materials

illegal. ADAM C. ABINALES

appointments to harbor pilot positions in all pilotage districts AFFILIATE/FRATERNAL SOCIETIES

deprivation of property without due process of law” (Corona v. ADAM C. ABINALES

structures. PAMEA - Philippine Accredited Materials

and proportioning of the structural elements of architectural WILLY T. GO

148339, February 23, 2005). ADAM C. ABINALES

PICE NATIONAL HEADQUARTERS

the sustained development of a reservoir of professionals whose AACCEP - Association of Accredited

Unit 703, 7/F Future Point Plaza 1

whenever necessary, adopt such measures as may be deemed ADAM C. ABINALES

Education (CHED); ERDSAN RENE S. SUERO, DPA

COUNCIL OF ADVISERS (PAST PRESIDENTS)

corresponding certificate of registration and professional PAMEA - Philippine Accredited Materials

Unit 703, 7/F Future Point Plaza 1

regulating the profession; and ERDSAN RENE S. SUERO, DPA

COUNCIL OF ADVISERS (PAST PRESIDENTS)

Objection to the creation of the office of Municipal or City ADAM C. ABINALES

Statement of Request. ERDSAN RENE S. SUERO, DPA

COUNCIL OF ADVISERS (PAST PRESIDENTS)

PICE NATIONAL HEADQUARTERS

Unit 703, 7/F Future Point Plaza 1

You might also like