Term Paper

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

Philippine Building Laws

A Term Paper regarding the Philippine Building Laws


Author/s: Tabinas, Renato Miguel F.
Rizal Technological University, Manila, Philippines
[email protected]

Abstract: During these times where foreign investors and owners of local market are rising in
numbers, it is a necessity that local building laws are kept in check. Especially
when more and more establishments are being built every day. Local
professionals, especially Filipino architects, can be the sole overseer of building
law enforcement. Filipino architects know every building law there is as they
are the ones who initially have to create plans for any projects which must
comply to rules and codes. Said codes and rules contain intricate and vague
instructions which only architects could which to use for every certain scenario
as they have mastery over their professions.
Keywords: foreign, local, architect, enforcement, mastery, intricate, vague.

INTRODUCTION
The Philippines is currently being dominated by foreign investors and owners through the
Republic Act No. 7042 otherwise known as the “Foreign Investments Act of 1991” which
allowed foreign investors to invest up to 100% equity in domestic market enterprises. This
could be beneficial to the economy of the Philippines as well as to the design and construction
community of the country.
Foreign investors would eventually have to have their investments built in structures, to have
better profit long term, as their businesses grow exponentially through the years. Said foreign
investors would have to look and hire for a local professional to handle their investments’
physical forms as only local professionals are allowed to practice their profession in the
Philippines. This also implies an advantage of having endemic expertise towards certain
necessities as well as confidence in having their businesses bult to last long term.

1.1 Advantages of Local Endemic Knowledge compared to Learned


Information from Second Hand Sources
Local and first-hand information are, in no way, inferior to information from second hand
sources. Local or primary information are information that came directly from those stating
such while secondary information is those that have been analyzed and rephrased for better
wording and quite possibly had some changes from the original. That said, local knowledge
gives more direct instructions and more human applications compared to second hand ones.
In the setting of Filipino architecture and construction, local knowledge is easier to understand
and follow than those learned from second hand sources, i.e., information from foreign sources,
as said local knowledge contain information that were formulated for the Filipino people.
Information such as construction of small structures that could resist natural disasters could be
classified as special local information since only locals know what and how to build resistant
structures in different areas, especially that the Philippines is an archipelago.

1.2 Competency of Filipino Architects in the Philippine setting

1
Filipino architects are commonly compared to engineers and people who do construction in
terms of their capabilities in building design and construction. One of the basic and occurring
worries of architects when dealing with clients is good design over cheap construction
(Panganiban 2021).
Though negatively affected, Filipino architects never got hindered by this issue and still
continue to practice their profession while fighting for it from non-architects. Architects’ works
are very distinguishable from those works of non-architects which speaks for architects’
competency. Non-architects could never do what an actual architect does. Architects design
not just mere buildings but whole communities. Architecture must consider culture, climate,
and the values of the people that will live in it (Olivarez 2022).
In the current situation in the Philippines where foreign investments and ownerships are made
possible through FIA of 1991, Filipino architects gained more leverage to prove their
competencies by simply getting those foreign investors and owners as their clients. Non-
architects wouldn’t possibly be able to do the same as said foreign investors know that getting
an actual professional architect would mean better design and insured safety. It is unsurprising
that proponents of high-rise buildings or township developments choose architects above other
technical professionals, given their education and awareness of the value of investing
significant resources to create a sensible and long-lasting investment (Fulgar 2022).

1.3 The Convoluted Nature of Building Laws in the country


There are numerous of building laws in the Philippines that needs to be applied while building
a structure. In the Philippines, one of the laws that were mandated by the government in terms
with design, construction and development is the Philippine Building Code. This has different
codes and use for each project category (Cosme 2018). Building laws such as the National
Building Code, Fire Code, Sanitary Code, Structural Code, and even specific City Ordinances.
The mentioned laws often times get confusing especially when more than two laws have
different regulations for a certain area where one could not possibly know which to follow.
Architectural professionals, who studied and practices such laws, would easily know which
code to use for every specific scenario. They spent at least 5 years in architectural schools plus
a few more years after graduating, before becoming an actual professional, where said laws
and codes are necessary to know and be practiced. Unlike non-architects who get opportunities
to build a structure, most of the time they build something uninhabitable due to certain building
code violations – mostly because of them not having proper knowledge of different building
laws. With this, Filipino architects should have better chances at getting foreign investors and
owners as their clients when it comes to building structures for businesses where every cent
counts.

1.4 Abusive Behavior of some Local Authorities in the Ambiguity of


Philippine Laws
With foreign investments and ownerships of local businesses made possible through the FIA
of 1991, local authorities could look at this as a way to abuse their power when it comes to the
inexactness of the laws of the Philippines. Normally, said foreign investors and owners would
have to have their establishments built before they could even have their profits. Local
authorities could then prohibit them from having any establishments without any professional
consultation.

2
It is a major violation of the National Building Code if one dared to have a structure built
without any necessary documents and permits. Such permits are only possible to attain if it was
proposed by a professional to respective authorities. Local architects and other local
professional are only the ones who can legally create plans and have said permits signed by
corresponding officials. Even foreign professionals are not authorized to practice their
profession in the Philippines, as stated in the Republic Act No. 5181.

1.5 Outdated Application in the same Building Laws


The multiple building codes in the Philippines have been in law for decades and some had been
revised to keep up with the continuous technological advancements happening around the
world. The PD 1096 otherwise known as the National Building Code of the Philippines for
example, it was originally Republic Act No. 6541 which was then replaced by the PD 1096 in
1977. Nearly three decades later, the continuous rise in technological advancements both
locally and globally again placed the need to revise the then in-practice 1977 National Building
Code. This led to the formulation of its latest revision published in 2005, which is currently
being used by the local building design and construction industry (Fulgar 2021).
It has been more than a decade since the last revision of the National Building Code of the
Philippines and technology has advanced even more since. Though may seem outdated,
applications and how-to guides in the Code are perfectly enough for Filipino architects as
newer technology takes time to get adapted in the country. Most, if not all, of the professionals
have mastery over said “outdated” techniques which then contributes greatly to the success of
the project.

CONCLUSION
Even with the continuous rise in foreign investors and owners of the local market, Filipino
architects never had the problem of having little to no foreign clients. As such, Filipino
architects got more opportunities to practice their career as said foreign investors wouldn’t
possibly able to have any of their businesses built without any professional consultation.
Whilst Philippine laws are often ambiguous and outdated, Filipino architects are still the best
people to approach as they have mastery over what they do especially when circumstances are
difficult to assess. It is even a violation if one dared to approach a non-architect for an
architectural project. Foreign clients would also have a greater sense of confidence when
working with a local professional as they have a better feel of their environment and could
come up with a good solution to every arising problem along the way.

REFERENCES
Barre, Tessa, and Rambo Talabong. 2016. ASEAN architect urges Filipino colleagues to be
‘globally competitive’. July 18. Accessed May 1, 2022.
https://www.rappler.com/moveph/140123-asean-architect-higher-standards-asean-
philippines/.
Cosme, Maria Patricia Joanna. 2018. Building Laws, Codes & Orders. May 23. Accessed May
2, 2022. http://jecoconstruction.ph/2018/05/23/building-code-of-the-philippines/.
Fulgar, Ian. 2022. Architects In The Philippines For Resiliency And Sustainability. February
15. Accessed May 2, 2022. https://www.ianfulgar.com/architecture/architects-in-the-
philippines-for-resiliency-and-sustainability/.

3
—. 2021. National Building Code Of The Philippines – Its History, Current State, and Future.
January 5. Accessed May 3, 2022. https://www.ianfulgar.com/architecture/national-
building-code-of-the-philippines-its-history-current-state-and-future/.
Olivarez, Eric L. 2022. House Bill No. 10666. Quezon City, January 13.
Panganiban, Benjamin. 2021. Safeguarding the architectural profession. October 19. Accessed
May 2, 2022. https://www.manilatimes.net/2021/10/19/business/real-estate-and-
property/safeguarding-the-architectural-profession/1818865.
Poco, Leandro Nicholas Rañoa. 2020. Architecture education should adapt to the realities of
the profession. September 11. Accessed May 1, 2022.
https://bluprint.onemega.com/build-relevance-competence-architecture-education-
adapt-profession/.

You might also like