Proposed ordinance banning non-architects from signing plans get support, opposition

CEBU, Philippines - Members of the United Architects of the Philippines-Cebu trooped to City Hall yesterday to support a proposed ordinance that prohibits non-licenses architects from signing architectural plans, designs and specifications of a building for construction.

The proposed ordinance sponsored by Councilor Nestor Archival complements a national law that implements the same prohibition.

Republic Act 9266 or the Architecture Act of 2004, which upholds the architectural profession, provides that all architectural documents must be prepared, signed and sealed only by a licensed and registered architect.

The architects argued that section 20 of RA 9266 clearly provides that all architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of licensed architects.

An architectural plan is a plan for architecture, and the documentation of written and graphic descriptions of the architectural elements of a building project including sketches, drawings and details, such as the floor plan, garden design, landscape plan and site plan.

For the past five decades, local building officials accept and approved the plans prepared and signed by civil engineers or architects. Since the enactment of RA 9266 in 2004, only the cities of Davao, Butuan, Iloilo, Tacloban, Legaspi, Vigan and the Province of Cavite have fully complied with the law.

If Archival’s proposed ordinance would be approved, violators would be fined P5,000, way lower than the P100,000 minimum fine imposed by the national law, which can be raised up to P5 million and jail term of up to six months. 

Still, some of those who attended the public hearing at the City Council yesterday believe that the local fine would not necessarily deter violators because it is reportedly very minimal.

But the civil engineers, particularly members of the Philippine Institute of Civil Engineers, are opposing the proposed ordinance, claiming that Republic Act 544 or the Civil Engineers law also allows them to sign such documents.

They said the City Council should defer the enactment of the proposed ordinance because the Secretary of the Department of Public Works and Highways, who is the national building official, is finally ascertaining the validity or invalidity of the Revised Implementing Rules and Regulations of RA 9266.

Archival then asked the associations of engineers and architects who attended the public hearing yesterday to submit their position papers for the City Council to study their respective arguments. — Rene U. Borromeo/JMO (THE FREEMAN)