The Supreme Court has ruled with finality that, with the enactment of the Architecture Act, only registered and licensed architects may prepare, sign, and seal architectural documents as listed under the Implementing Rules and Regulations (IRR) National Building Code.
In a resolution dated Oct. 30, 2024, the SC Second Division denied with finality the motion for reconsideration filed by the Philippine Institute of Civil Engineers, Inc., (PICE) and Leo Cleto Gamolo, saying that the basic issues raised in the MR have been duly considered and passed upon by the Court in its decision in March 2023.
The Division likewise denied the respondents’ second motion to refer the case to the Supreme Court En Banc for resolution, citing SC Circular 2-89 dated Feb. 7, 1989 which provides that the Court En Banc is not an appellate court to which decisions or resolutions of a Division may be appealed.
“No further pleadings or motions shall be entertained in this case,” the notice released on Jan. 15, 2025 stated, adding that the entry of final judgment should be issued immediately.
It may be recalled that in 2004, Republic Act No. (RA) 9266 or the Architecture Act of 2002 took effect, with the DPWH subsequently promulgating the Revised Implementing Rules and Regulations of the National Building Code.
Among the amendments introduced were Section 302(3), which limits to architects the authority of preparing, signing, and sealing architectural documents, and Section 302(4), which enumerates what are considered architectural documents.
This prompted Leo Cleto Gamolo and the Philippine Institute of Civil Engineers, Inc. to file a petition for declaratory relief before the RTC to declare as void Sections 302(3) and 302(4) of the Revised Implementing Rules.
The respondents also prayed that civil engineers be authorized to prepare, sign, and seal the documents listed in Section 302(4) of the Revised Implementing Rules.
The RTC denied the petition, but was later reversed by the CA, which ruled and declared that Sections 302(3) and 302(4) of the Revised Implementing Rules are void.
In granting the consolidated petitions in 2023, the Supreme Court resolved the conflicting provisions in RA 544, or the Civil Engineering Law, and in the Architecture Act.
The Civil Engineering Law provides for the authority of civil engineers to prepare, sign, and seal various plans, including architectural documents.
The Architecture Act, on the other hand, states that “[a]ll architectural plans, designs, specifications, drawings, and architectural documents relative to the construction of a building shall bear the seal and signature only of” a registered and licensed architect. [Emphasis added]
The Court, finding the foregoing provisions “irreconcilable,” ruled that the Architecture Act impliedly repealed the Civil Engineering Law insofar as it permits civil engineers to prepare, sign, and seal architectural documents.
The Court thus concluded that only registered and licensed architects may prepare, sign, and seal the architectural documents listed in Section 302(4)(a), (c), (d), (e), and (f) of the Revised Implementing Rules, while only registered and licensed architects, or interior designers, may prepare, sign, and seal the architectural interior/interior design documents enumerated under Section 302(4)(b) of the same rules.