Attention: CIVIL ENGINEERS, Municipal/City Engineers, Building Officials PHILIPPINE INSTITUTE OF CIVIL ENGINEERS (PICE) HAS OBTAINED A WRIT

OF PRELIMINARY INJUNCTION
ENJOINING THE HON. HERMOGENES EBDANE, JR. in his capacity as Secretary of the Department of Public Works and Highways, from enforcing the published October 29, 2004 IMPLEMENTING RULES AND REGULATION (IRR) OF THE NATIONAL BUILDING CODE OF THE PHILIPPINES (PD1096), insofar as it bars civil engineers, from exercising the right to prepare, sign and seal plans and specifications (Section 302 (3) and (4)), and to declare the said prohibitory provision null and void for being contrary to existing laws (P.D. 1096 and R.A. 544) and the constitution. Background: The Revised Implementing Rules and Regulations of the National Building Code (IRRNBC) was approved by then DPWH Acting Secretary Florante M. Soriquez on October 29, 2004 and was published for three consecutive times on April 1, 8 & 15, 2005 and according to the mandate of the NBC or PD 1096 and should have been effective and enforceable on April 30, 2005 or 15 days from date of the 3rd publication.

The position of the PICE on this issue are: The Revised IRR-NBC is not only contrary to law but also unduly oppressive against civil engineers. Sections 302.3 and 302.4 and related provisions, effectively prevents civil engineers from preparing and signing/sealing building plans/drawings which are to be submitted to Building Officials for building permits.

For several decades now, these plans (which include Vicinity Map/Location Plan, Site Development Plan, Perspective, Floor Plans, Elevations and the like) have been prepared and signed/sealed by Civil Engineers as part of the practice of the profession under Republic Act No. 544, otherwise known as The Civil Engineering Law.

If the Revised IRR will be implemented, Republic Act No. 544 will be violated and the practice of profession by civil engineers will be illegally restrained in part.

The WRIT OF PRELIMINARY INJUNCTION DATED MAY 24, 2005 HAS NO EXPIRY DATE AND MEANS THAT THE QUESTIONED PROVISIONS OF THE REVISED IRR OF NBC

CANNOT BE IMPLEMENTED FOR AS LONG AS THE ISSUES RAISED BY PICE IN ITS PETITION ARE RESOLVED.
Contrary to the disinformation peddled by some parties, please do not believe that RA Republic Act 9266 or the Architecture Law has repealed Republic Act 544 or the Civil Engineering Law!! Likewise, do not believe that the Injunction is effective only in the City of Manila because it was the Manila Regional Trial Court Branch 22 that issued the Writ of Preliminary Injunction. The truth being, the injunction is effective within the entire Philippines because it is the DPWH Secretary who is commanded by the Court not to implement the questioned provisions of the NBC and not the building official of a particular city/municipality. Know your Rights! Remind colleagues in the Civil Engineering Profession and other parties that any violator of the Writ of Preliminary Injunction obtained by PICE can be cited in contempt of court.

If you need further clarifications or assistance please do not hesitate to communicate with PICE thru cell phone or text (0917-6278734 / 0922-8075386 / 0922-8075388) or call landlines 448-7487 to 90 or thru email: picenatl@skyinet.net or picenatl@pice.org.ph or thru fax no. 448-7491 to 92 or write us at address Units 701-705 Futurepoint Condominium I, 112 Panay Avenue, Quezon City 1100. Full print out of the WRIT OF PRELIMINARYINJUNCTION