Determining the Development Potential for an R-1 zoned Property

Here are examples to determine the Development Potential of different types of lots in an R-1 zone using the Development Controls under Rules 7&8 of the Revised IRR of PD 1096 or the National Building Code of the Philippines (NBCP).

Example No. 1:

• SINGLE DETACHED HOUSE
• R-1 ZONED PROPERTY
• TOTAL LOT AREA (TLA): 301 SQ. METERS
• INSIDE LOT
• 14-METER WIDE FRONTAGE FACING SOUTH
• 12-METER WIDE ROAD

Example No. 2:

• SINGLE DETACHED HOUSE
• R-1 ZONED PROPERTY
• TOTAL LOT AREA (TLA): 365.5 SQ. METERS
• THROUGH LOT
• 17-METER WIDE FRONTAGE 
• 12-METER WIDE ROAD AT THE NORTH & SOUTH SIDES

ArkiBoard Tips 21

tips from last January 2013 LEA

ArkiBoard Tips 20

tips from last January 2013 LEA

RA 10066: National Cultural Heritage Act of 2009

REPUBLIC ACT NO. 10066

AN ACT

PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL CULTURAL HERITAGE, STRENGTHENING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA) AND ITS AFFILIATED CULTURAL AGENCIES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “National Cultural Heritage Act of 2009.”

ARTICLE I

POLICIES AND PRINCIPLES

SECTION 2. Declaration of Principles and Policies. – Sections 14, 15, 16, and 17, Article XIV of the 1987 Constitution declare that the State shall foster the preservation, enrichment, and dynamic evolution of a Filipino culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. The Constitution likewise mandates the State to conserve, develop, promote and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations. It further provides that, all the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State, which may regulate its disposition.

In the pursuit of cultural preservation as a strategy for maintaining Filipino identity, this Act shall pursue the following objectives:

(a) Protect, preserve, conserve and promote the nation’s cultural heritage, its property and histories, and the ethnicity of local communities;

(b) Establish and strengthen cultural institutions; and,

(c) Protect cultural workers and ensure their professional development and well-being.

The State shall likewise endeavor to create a balanced atmosphere where the historic past co-exists in harmony with modern society. It shall approach the problem of conservation in an integrated and holistic manner, cutting across all relevant disciplines and technologies. The State shall further administer the heritage resources in a spirit of stewardship for the inspiration and benefit of the present and future generations.


ARTICLE II

DEFINITION OF TERMS


SECTION 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:

(a) “Adaptive Re-use” shall refers to the utilization of buildings, other built-structures, and sites of value for purposes other than that for which they were intended originally, in order to conserve the site, their engineering integrity and authenticity of design;

(b) “Anthropological Area” shall refers to any place where studies of specific ethno-linguistic groups are undertaken, the properties of which are of value to our cultural heritage;

(c) “Antique” refers to a cultural property found locally which is one hundred (100) years in age, more or less, the production of which has ceased;

(d) “Archaeological Area” shall refers to any place, whether above or under ground, underwater or at sea level, containing fossils, artifacts, and other cultural, geological, botanical, zoological materials which depict and document culturally relevant paleontological, prehistoric and/or historic events;

(e) “Archives” shall refer to public and private records in any format which have been selected for permanent preservation because of their evidential, historical informational value; otherwise known as archival materials collections or archival holdings; the place (building/room/storage area) where archival materials are kept and preserved; and an organization or agency or part thereof whose main responsibility is to appraise, arrange, describe, conserve, promote and make archival materials available for reference and research, also known as archival agency;

(f) “Built Heritage” shall refers to architectural and engineering structures, such as but not limited to bridges, government buildings, houses of ancestry, traditional dwellings, quartels, train stations, lighthouses, small ports, educational technological and industrial complexes, and their settings, and landscapes with notable historical and cultural significance;

(g) “Collector” shall refers to any person who or institution that acquires cultural property for purposes other than sale;

(h) “Commission” shall refer to the National Commission for Culture and the Arts (NCCA);

(i) “Conservation” shall refers to all the processes and measures of maintaining the cultural significance of a cultural property, including but not limited to, preservation, restoration, reconstruction, protection, adaptation or any combination thereof;

(j) “Cultural agencies” shall refer to the following national government agencies with their specific areas of responsibility: National Museum (cultural property); the National Library (books); National Historical Institute (Philippine history); National Archives (documents); Cultural Center of the Philippines (culture and the arts); and Komisyon sa Wikang Filipino (language).

(k) “Cultural Education” shall refer to the teaching and learning of cultural concepts and processes;

(l) “Cultural Heritage” shall refer to the totality of cultural property preserved and developed through time and passed on to posterity;

(m) “Cultural Heritage Worker” shall refer to an individual undertaking cultural heritage work;

(n) “Cultural Institution” shall refer to entities engaged primarily in cultural work;

(o) “Cultural Property” shall refer to all products of human creativity by which a people and a nation reveal their identity, including churches, mosques and other places of religious worship, schools and natural history specimens and sites, whether public or privately-owned, movable or immovable, and tangible or intangible;

(p) “Dealers” shall refer to natural or juridical persons who acquire cultural property for the purpose of engaging in the acquisition and disposition of the same;

(q) “Heritage Zone” shall refer to historical, anthropological, archaeological, artistic geographical areas and settings that are culturally significant to the country, as declared by the National Museum and/or the National Historical Institute.

(r) “History” shall refer to a written record of past events relating to Philippine history;

(s) “Historical Landmarks” shall refer to sites or structures that are associated with events or achievements significant to Philippine history as declared by the National Historical Institute;

(t) “Historical Monuments” shall refer to structures that honor illustrious persons or commemorate events of historical value as declared by the National Historical Institute;

(u) “Historical Shrines” shall refer to historical sites or structures hallowed and revered for their history or association as declared by the National Historical Institute;

(v) “Historical Street Name” shall refer to a street name which has been in existence for at least fifty (50) years and over time has been considered historic;

(w) “Important Cultural Property (ICP)” shall refer to a cultural property having exceptional cultural, artistic, and historical significance to the Philippines, as shall be determined by the National Museum and/or National Historical Institute.

(x) “Intangible Cultural Heritage” shall refers to the practices, representations, expressions, knowledge, skills – as well as the instruments, objects and artifacts associated therewith, that communities, groups and individuals recognize as part of their cultural heritage, such as: (1) oral traditions, languages, and expressions; (2) performing arts; (3) social practices, rituals, and festive events; (4) knowledge and practices concerning nature and the universe; and (5) traditional craftsmanship;

(y) “Intangible cultural property” shall refer to the peoples’ learned processes along with the knowledge, skills and creativity that inform and are developed by them, the products they create and the resources, spaces and other aspects of social and natural context necessary for their sustainability.

(z) “Library” shall refer to an institution where the collection of books, manuscripts, computerized information, and other materials are organized to provide physical, bibliographic, and/or intellectual access to the public, with a librarian that is trained to provide services and programs related to the information needs of its clientele;

(aa) “Museum” shall refer to a permanent institution that researches, acquires, conserves, communicates, and exhibits the material evidence of humans and their environment for purposes of education or leisure;

(bb) “National Cultural Treasure” shall refer to a unique cultural property found locally, possessing outstanding historical, cultural, artistic and/or scientific value which is highly significant and important to the country and nation, and officially declared as such by pertinent cultural agency;

(cc) “Nationally significant” shall refer to historical, aesthetic, scientific, technical, social and/or spiritual values that unify the nation by a deep sense of pride in their various yet common identities, cultural heritage and national patrimony.

(dd) “Natural Property of Cultural Significance” shall refer to areas possessing outstanding ecosystem with flora and fauna of national scientific importance under the National Integrated Protected Areas System ;

(ee) “NCCA Portal Cultural Databank” refers to the specific domain in the Commission’s intranet for cultural information that is accessed only internally with control and confidentiality. It includes the registry of national cultural property.

(ff) “Pre-history” shall refer to the period of human history before the introduction of the forms of writing;

(gg) “Registry” shall refer to the Philippine Registry of Cultural Property which is the registry of all cultural property of the country deemed of significant importance to our cultural heritage;

(hh) “Restoration” shall refer to the action taken or the technical intervention to correct deterioration and alterations.

(ii) “Tangible cultural property” shall refer to a cultural property with historical, archival, anthropological, archaeological, artistic and architectural value, and with exceptional or traditional production, whether of Philippine origin or not, including antiques and natural history specimens with significant value.


ARTICLE III

CULTURAL PROPERTY


SECTION 4. Categories. - The Cultural Property of the country shall be categorized as follows:

(a) National Cultural Treasures;

(b) Important Cultural Property;

(c) World Heritage Sites;

(d) National historical shrine;

(e) National Historical Monument; and,

(f) National Historical Landmark;


SECTION 5. Cultural Property Considered Important Cultural Property. -For purposes of protecting a cultural property against exportation, modification or demolition, the following works shall be considered Important Cultural Property, unless declared otherwise by the pertinent cultural agency:

Unless declared by the Commission,

(a) Works by a Manlilikha ng Bayan;

(b) Works by a National Artist;

Unless declared by the National Museum,

(c) Archaeological and traditional ethnographic materials;

Unless declared by the National Historical Institute,

(d) Works of national heroes;

(e) Marked structure;

(f) Structures dating at least fifty (50) years old; and

Unless declared by the National Archives,

(g) Archival material/document dating at least fifty (50) years old.

The property owner may petition the appropriate cultural agency to remove the presumption of important cultural property which shall not be unreasonably withheld.


SECTION 6. World Heritage Sites (WHS). - The appropriate cultural agency shall closely collaborate with United Nations Educational Scientific and Cultural organization (UNESCO) National Commission of the Philippines in ensuring the conservation and management of world heritage sites of cultural and mixed sites category, in the Philippines.


SECTION 7. Privileges for Cultural Property. - All cultural properties declared as National Cultural Treasures and national historical landmarks shall be entitled to the following privileges:

(a) Priority government funding for protection, conservation and restoration;

(b) Incentive for private support of conservation and restoration through the Commission’s Conservation Incentive Program for National Cultural treasures;

(c) An official Heritage Marker placed by the cultural agency concerned indicating that the immovable cultural property has been identified as national cultural treasures; and/or national historical landmarks, sites or monuments; and,

(d) In times of armed conflict, natural disasters, and other exceptional events that endanger the cultural heritage of the country, all National Cultural Treasures or national historical landmarks, sites or monuments shall be given priority protection by the Government.

All cultural properties declared as Important Cultural Property may also receive government funding for its protection, conservation, and restoration. An official Heritage Marker shall likewise be placed on an immovable cultural property to identify the same as important cultural property.


SECTION 8. Procedure for Declaration, or De-Listing of National Cultural Treasures or Important Cultural Property. - The procedure in declaring as well as in delisting a National Cultural Property or an Important Cultural Property shall be as follows:

(a) A declaration or a delisting of a cultural property as a National Cultural Treasure or an Important Cultural Property shall commence upon the filing of a petition by the owner, stakeholder or any interested person, with the Commission, which shall refer the matter to the appropriate cultural agency;

(b) Upon verification of the suitability of the property as a national cultural treasure or an important cultural property, the cultural agency concerned shall send notice of hearing to the owner and stakeholders. Stakeholders, including but not limited to local government units, local culture and arts council, local tourism councils, non-government conservation organizations, and schools, may be allowed to file their support or opposition to the petition;

(c) The owner and/or other stakeholders shall file their position paper within fifteen (15) days from receipt of the notice of hearing, furnishing all the parties, including the appropriate cultural agency, with such position paper. Extensions may be allowed, but in no case shall it exceed more than thirty (30) days; and

(d) The petitioner/stakeholder shall give their answer within fifteen (15) days upon receipt of any position paper. Thereafter, no further submissions shall be allowed.

(e) The appropriate cultural agency shall have a maximum of ninety (90) days from the deadline of the submission of all the answers within which to submit its resolutions and render its decision on the application.

SECTION 9. Right of First Refusal on the Sale of National Cultural Treasures (NCT). –

The appropriate cultural agency shall be given the right of first refusal in the purchase of cultural properties declared as national cultural treasures. Prior to the finality of the sale, the appropriate cultural agency may likewise match any offer made for the purchase of national cultural property.


SECTION 10. Licensing of Dealers of Cultural Property. – All dealers of cultural property shall secure a license to operate as such from the appropriate cultural agency concerned. They shall submit a quarterly inventory of items carried, which shall include a history of each item. Failure to submit two (2) consecutive inventories shall be a ground for cancellation of the license. All dealers of Cultural Property shall be subject to inspection of the concerned cultural agencies.

The cultural agencies may charge and collect fees for registration as well as for licenses, inspections, certifications, authorizations and permits that they issue and undertake in connection with the implementation of this Act. Funds generated from these collections by cultural agencies shall be retained by the cultural agency concerned for its operations.


SECTION 11. Dealings of Cultural Property. – No cultural property shall be sold, resold, or taken out of the country without first securing a clearance from the cultural agency concerned. In case the property shall be taken out of the country, it shall solely be for the purpose of scientific scrutiny or exhibit.


ARTICLE IV

HERITAGE ZONES


SECTION 12. Designation of Heritage Zones. - The National Historical Institute and the National Museum in consultation with the Commission and, the Housing and Land Use Regulatory Board or other concerned agencies, shall designate Heritage Zones to protect the historical and cultural integrity of a geographical area.

SECTION 13. Maintenance of Heritage Zones. - A Heritage Zone shall be maintained by the local government unit concerned, in accordance with the following guidelines:

(a) Implementation of adaptive re-use of cultural property;

(b) Appearance of streets, parks, monuments, buildings, and natural bodies of water, canals, paths and Barangays within a locality shall be maintained as close to their appearance at the time the area was of most importance to Philippine History as determined by the National Historical Institute; and,

(c) Local government units shall document and sustain all socio-cultural practices such as but not limited to traditional celebrations, historical battles, recreation of customs, and the re-enactment of battles and other local customs that are unique to a locality.


ARTICLE V

REGISTRATION AND CONSERVATION OF CULTURAL PROPERTY


SECTION 14. Establishment of a Philippine Registry of Cultural Property (PRECUP). - All cultural property of the country deemed important to cultural heritage shall be registered in the Philippine Registry of Cultural Property.


The Commission, through the appropriate cultural agencies and local government units, shall establish and maintain this Registry within three (3) years from the effectivity of this Act. The guidelines in the registration of cultural property are as follows:

(a) All cultural agencies concerned shall individually maintain an inventory, evaluation and documentation of all cultural properties it has declared according to their category and shall submit the same to the Commission. For cultural property declared as Immovable Cultural Property, the appropriate cultural agency shall, after registration, give due notice to the Registry of Deeds having jurisdiction for annotation on the land titles pertaining to the same;

(b) Local government units, through their cultural offices, shall likewise maintain an inventory of cultural property under its jurisdiction and shall furnish the Commission a copy of the same;

(c) Both cultural agencies concerned and local government units shall continuously coordinate in making entries and in monitoring the various cultural properties in their respective inventory;

(d) All government agencies and instrumentalities, government-owned and/or controlled corporations and their subsidiaries, including public and private educational institutions, shall report their ownership and/or possession of such items to the pertinent cultural agency and shall register such properties within three (3) years from the effectivity of this Act;

(e) Private collectors and owners of cultural property shall register such properties, within three (3) years from the effectivity of this Act. The private collectors and owners of cultural property shall not be divested of their possession and ownership thereof even after registration of said property as herein required.

Information on registered cultural properties owned by private individuals shall remain confidential and may be given only upon prior consent of the private owner. The Commission shall operate the Registry in the NCCA portal cultural databank.

SECTION 15. Conservation of Cultural Property. – All intervention works and measures on conservation of National Cultural Treasures, Important Cultural Property, as well as national historical landmarks, sites or monuments, and structures previously marked by the National Museum and/or National Historical Institute before the implementation of this Act shall be undertaken only upon prior approval of the Commission through the appropriate cultural agency which shall supervise the same.

The Commission shall approve only those methods and materials that strictly adhere to the accepted international standards of conservation.

SECTION 16. Documentation and Preservation of Traditional and Contemporary Arts. - Local government units shall document traditional and contemporary arts and crafts, including their processes and makers, and sustain the sources of their raw materials. The local government units shall encourage and sustain traditional arts and crafts as active and viable sources of income for the community.

The Commission, the Department of Trade and Industry, the Department of Tourism and other government agencies involved directly or indirectly in the production of goods shall assist the local government units in protecting their traditional and contemporary arts and crafts making them viable for current and future markets, with a view to encouraging and promoting the unique heritage and identities of the said communities.

The local government unit concerned shall submit an annual inventory of these documentations to the Commission, which will be included in the Philippine Registry of Cultural Property, as established in Section 14 of this Act.


SECTION 17. Systematic Research in Natural History. - The National Museum shall have the authority to collect, maintain and develop the national reference collections of Philippine flora and fauna, rocks and minerals through research and field collection of specimens including Important Cultural Property within the territorial jurisdiction of the Philippines. It shall be exempt from any and all permit systems regulating the same.

The National Museum shall inform the Department of Environment and Natural Resources and the Department of Agriculture of such collection. All type of specimens collected in the Philippine territory shall be deposited in the National Museum.

SECTION 18. Heritage Agreements. - The Commission, upon advice of the concerned cultural agency, may enter into agreements with private owners of cultural properties with regard to the preservation of said properties.

Such agreement shall be in the form of a contract, and may include such terms and conditions including, but not limited to:

(a) Public access to the property;

(b) Value of the encumbrance;

(c) Duration of the servitude of the property;

(d) Restriction of the right of the owner or occupant to perform acts on or near the place;

(e) Maintenance and management of the property;

(f) Provision of financial assistance for the conservation of the property;

(g) Procedure for the resolution of any dispute arising out of the agreement.

Such agreement should be annotated in the land title to bind future owners and/or occupants of the immovable cultural property.

SECTION 19. National Inventory of Intangible Cultural Heritage. – The appropriate cultural agency shall closely collaborate with the UNESCO National Commission of the Philippines in safeguarding intangible cultural heritage in the Philippines. The Philippine Intangible Cultural Heritage Committee established by the UNESCO National Commission of the Philippines shall continue to take lead role in implementing the provisions of the UNESCO Convention for the Safeguarding of the Intangible Cultural heritage with particular attention to Article 11 to 15 of the said Convention.


SECTION 20. Immovable National Cultural Treasures. – Immovable National Cultural Treasures shall not be relocated, rebuilt, defaced or otherwise changed in a manner, which would destroy the property’s dignity and authenticity, except to save such property from destruction due to natural causes.

The site referred to in this provision may only be moved after securing a permit from the Commission or the appropriate cultural agency.

SECTION 21. Indigenous properties. - The appropriate cultural agency in consultation with the National Commission on Indigenous Peoples shall establish a program and promulgate regulations to assist indigenous people in preserving their particular cultural and historical properties.


SECTION 22. Renaming of Historical Streets, Buildings Designated as Cultural Treasure or Important Cultural Property. - The names of historical streets, parks, buildings, shrines, landmarks, monuments and sites designated as National Cultural Treasures or Important Cultural Property shall not be allowed to be re-named by a local or national legislation, unless approved by the National Historical Institute, and only after due hearing on the matter. Furthermore, for changes of names done to historical streets, parks, buildings, shrines, landmarks, monuments, and sites prior to the effectivity of this act, the National Historical Institute may direct the local government units to restore their original names, also after due hearing.


ARTICLE VI

REGULATING THE EXPORT, TRANSIT, IMPORT

AND REPATRIATION OF CULTURAL PROPERTY

SECTION 23. Export of Cultural Property. – Whoever desires to export cultural property registered in the Philippine Registry of Cultural Property shall adhere to the following requirements:

(a) Authorization from the Commission through the appropriate cultural agencies;

(b) Application for export permit shall be submitted thirty (30) days before the intended export from the Philippines; and

(c) Application for export permit must include the following: (1) the purpose of the temporary export; (2) the export date of the cultural property; (3) the repatriation date of the cultural property; (4) a description of the cultural property; and, (5) the inventory of the cultural property in the Philippine Registry of Cultural Property.

The grant of export permit shall be based on the following conditions: (i) the cultural property is exported on a temporary basis; and (ii) export of cultural property is necessary for scientific scrutiny or exhibit.

SECTION 24. Repatriation Claims and Agreements. – Should the cultural property registered in the Philippine Registry of Cultural Property be illicitly exported from the country, the Department of Foreign Affairs shall, upon the recommendation of the appropriate cultural agency, claim the right of repatriation vis-à-vis all other contracting States. Any compensation and costs shall be carried by the Philippine government.

For the protection of cultural and foreign affairs interests and to secure cultural heritage, the Philippines may conclude international treaties with contracting States on the import and repatriation of cultural property subject to the following conditions:

(a) The scope of the agreement must be cultural property of significant importance to the cultural heritage of the contracting States;

(b) The cultural property must be subject to the existing export policies for the purpose of protecting cultural heritage; and,

(c) The contracting States shall grant reciprocal rights.


ARTICLE VII

POWERS OF THE COMMISSION/CULTURAL AGENCIES


SECTION 25. Power to Issue a Cease and Desist Order. - When the physical integrity of the national cultural treasures or important cultural properties are found to be in danger of destruction or significant alteration from its original state, the appropriate cultural agency, shall immediately issue a Cease and Desist Order suspending all activities that will affect the cultural property. The local government unit which has the jurisdiction over the site where the immovable cultural property is located shall report the same to the appropriate cultural agency immediately upon discovery and shall promptly adopt measures to secure the integrity of such immovable cultural property. Thereafter, the appropriate cultural agency shall give notice to the owner or occupant of the cultural property and conduct hearing on the propriety of the issuance of the Cease and Desist Order. The suspension of the activities shall be lifted only upon the written authority of the appropriate cultural agency after due notice and hearing involving interested parties and stakeholders.


SECTION 26. Power to Issue Compulsory Repair Order. – When a privately-owned heritage site cannot be maintained by the owner or has fallen into disrepair thru neglect to such an extent that it will lose its potential for conservation, the Commission, through the appropriate cultural agency, may serve on the owner or occupant of such property, an order to repair or maintain such site. If the owner fails to comply with said order within thirty (30) to forty-five (45) days, repairs may be undertaken by the appropriate cultural agency for the account of the owner.


SECTION 27. Visitorial Powers. - The cultural agencies concerned, through the Commission, are hereby given the power to inspect National Cultural Treasures and Important Cultural Properties, and national historical landmarks, sites or monuments at any time to ensure the protection and integrity of such. They may also inspect public or private collections or objects that may be categorized as cultural property; Provided, That in the case of private collections or objects, the prior written consent of the owner shall be obtained.


SECTION 28. Power to Deputize Other Government Agencies. – The cultural agencies concerned, as well as the Commission, shall have the power to deputize the Philippine National Police, the National Bureau of Investigation, the Armed Forces of the Philippines, the Philippine Coast Guard, and other local or national law enforcement agencies, including the Bureau of Fisheries’ agents, the Department of the Environment and Natural Resources’ rangers, the Bureau of Customs and Immigrations agents, members of the Office of the Special Envoy on Transnational Crimes and other such agencies and their successors in interest, to enforce the provisions of this Act and its implementing rules and regulations. The said agencies shall immediately detail their respective personnel to protect the cultural items under the National Registry.

Failure to follow deputization order of the concerned cultural agency as well as the Commission shall be penalized in accordance with Section 49herein.


SECTION 29. Power to Recover Cultural Properties. – The Commission is empowered to recover or retrieve cultural properties which are under the custody of foreign nationals or entities and to bring these properties back to Philippine custody.


SECTION 30. Anthropological Research and Archaeological Exploration/Excavation. –

(a) The National Museum with respect to cultural/ archaeological/ anthropological matters, and the National historical Institute, with respect to historical anthropological matters, shall regulate and control all anthropological research conducted by foreigners; and all archaeological excavation or exploration. Pursuant to the foregoing, the National Museums or the National Historical Institute shall deputize other agencies to protect archaeological and anthropological sites. It shall be guided by the following rules:

(1) All cultural property found in terrestrial and / or underwater archaeological sites belong to the State.

(2) No terrestrial and/or underwater archaeological explorations and excavations for the purposes of obtaining materials and data of cultural value shall be undertaken without written authority and direct site supervision by archaeologists and/or representatives of the National Museum;

(3) All anthropological researches, for the purpose of obtaining materials and data of cultural value and where the principal proponent is a foreign national shall be undertaken only with the authority, and under the supervision of the National Museum or the National Historical Institute. Anthropological research by Philippine nationals, especially members of the indigenous communities shall be encouraged;

(4) Archaeological or anthropological materials presumed as important cultural property shall be allowed to leave the country only upon proper evaluation and written permission of the National Museum or the National Historical Institute;

(5) All explorations and excavations undertaken wherein the caves, rock shelters and their vicinities may have been used in the prehistoric past by man either for habitation, religious and/or sacred and burial purposes all over the country, shall be under the direct jurisdiction and supervision of archaeologists and/or other experts of the National Museum;

(6) All mining activities inside caves, rock shelters and any such other areas shall require a written permit and clearance from the National Museum. An appropriate prior inspection by representatives of the National Museum, funded by the company applying for a mining right, shall be required to ensure that no archaeological materials are present and, possibly, destroyed;

(7) Excavations in caves, rock shelters and other areas by laymen are prohibited by this Act. All earth-moving activities in these areas must have the proper permit and clearance from the National Museum and monitored by their representatives;

(8) All treasure hunting permits and licenses shall be issued by the National Museum, which shall formulate the rules and regulations to adequately control, regulate and monitor all applicants for such undertakings; and

(9) The provisions of this Act on explorations and excavations of terrestrial and underwater archaeological sites shall supersede all local, municipal, regional and autonomous regional governments’ resolutions and ordinances.


(b) When the presence of any cultural or historical property is discovered, the National Museum or the National Historical Institute shall immediately suspend all activities that will affect the site and shall immediately notify the local government unit having jurisdiction of the place where the discovery was made. The local government shall promptly adopt measures to protect and safeguard the integrity of the cultural property so discovered and within five (5) days from the discovery shall report the same to the appropriate agency. The suspension of these activities shall be lifted only upon the written authority of the National Museum or the National Historical Institute and only after the systematic recovery of the archaeological materials.

(c) The Commission, upon the recommendation of the appropriate cultural agency, shall provide incentives for persons who discover and report heretofore unknown archaeological sites, in accordance with its rules and regulations implementing the provisions of this Act.

(d) Any government or non-government infrastructure project or architectural site development shall include anthropological, archaeological, and historical and heritage site conservation concerns in their Environmental Impact Assessment System.


ARTICLE VIII

ROLE OF CULTURAL AGENCIES

SECTION 31. Responsibilities of Cultural Agencies for Designation of Cultural Property. - The cultural agencies, in conformity with their respective charters, shall define and delineate their respective areas of responsibility with respect to cultural property and assessment of National Cultural Treasures and national historical landmarks, sites or monuments. These areas shall be subject to periodic re-assessment whenever necessary.

For purposes of this Act, the following shall be the responsibilities of cultural agencies in the categorization of cultural property:

(a) The Cultural Center of the Philippines shall be responsible for significant cultural property pertaining to the performing arts;

(b) The National Archives of the Philippines shall be responsible for significant archival materials;

(c) The National Library shall be responsible for rare and significant contemporary books, manuscripts such as, but not limited to, presidential papers, periodicals, newspapers, singly or in collection, and libraries and electronic records;

(d) The National Historical Institute shall be responsible for significant movable and immovable cultural property that pertains to Philippine History; heroes and the conservation of historical artifacts

(e) The National Museum shall be responsible for significant movable and immovable cultural and natural property pertaining to collections of Fine Arts, Archaeology, Anthropology, Botany, Geology, Zoology and Astronomy, including its conservation aspect; and

(f) The Komisyon sa Wikang Filipino (KWF) shall be responsible for the dissemination, development, and the promotion of the Filipino national language and the conservation of ethnic languages;


SECTION 32. Institutional Linkages of the National Cultural Agencies. - The cultural agencies and other national government agencies, as listed below, shall consult, coordinate and work closely with the Commission in the implementation of their respective programs/projects in the context of this Act. Furthermore, the Commission may link up with other agencies and institutions, as it may deem appropriate, as a way of dealing with conservation on a holistic manner.

(a) The Department of Tourism, and its attached agencies, which shall be responsible for cultural education among tourism services, and protection of cultural property supplemental to the jurisdiction of the cultural agencies as defined in this Act. The implementation and creation of a tourism master plan shall be consistent with this Act;

(b) The Intramuros Administration which shall be responsible for the restoration and administration of the development in Intramuros;

(c) The National Parks Development Committee as an attached agency of the Department of Tourism, which shall be responsible in supervising the development (beautification, preservation and maintenance) of Quezon Memorial, Fort Santiago, Luneta, Paco Park, Pook ni Maria Makiling and other national parks and satellite projects;

(d) The Department of Education which shall be responsible in instituting the governance of basic education act, and the conservation and restoration of its built heritage such as the significant Gabaldon School buildings as determined by the National Historical Institute;
(e) The Department of Public Works and Highways which shall be responsible in undertaking major infrastructure projects specifically in the planning, design, construction, and maintenance of national roads and bridges as they impact on heritage structures or aspects of heritage conservation;

(f) The National Commission on Indigenous Peoples in behalf of the country’s indigenous cultural communities, which shall coordinate with the national agencies on matters pertaining to Cultural Property under its jurisdiction;

(g) The Department of Environment and Natural Resources which shall be responsible for the establishment and management of the National Integrated Protected Areas System and the conservation of wildlife resources, including cave and cave resources and which shall coordinate with the National Commission on Indigenous peoples, the conservation of natural resources that are cultural sanctuaries of indigenous peoples;

(h) The Department of the Interior and Local Government which shall coordinate with the national cultural agencies on matters pertaining to Cultural Properties under its jurisdiction, and ensure that the provisions of this Act is properly executed by the local government unit;

(i) The Office of the Muslim Affairs which shall coordinate with the national cultural agencies on matters pertaining to Cultural Property under its jurisdiction;

(j) The UNESCO National Commission of the Philippines which shall be responsible for providing the liaison between the cultural agencies of the Philippines and UNESCO as well as assist the national cultural agencies in implementing the agreements and conventions adopted by the UNESCO of which the Philippines has ratified or is in the process of ratification;
(k) The Housing and Land Use Regulatory Board which shall coordinate with the local government units and the Commission on matters pertaining to the establishment and maintenance of Heritage Zones;
(l) The Autonomous Regional Government in Muslim Mindanao and the Cordillera Administrative Region which shall coordinate with the national cultural Agencies on matters pertaining to Cultural Property under their respective jurisdictions; and,

(m) The Office of the Special Envoy on Transnational Crimes which shall have the oversight and operational capacity to go after illicitly trafficked and stolen cultural treasures.


SECTION 33. Incorporation of Cultural Property Programs in Local Government Units Budgets. - The local government units are encourage to incorporate programs and budgets for the conservation and preservation of Cultural Property in their environmental, educational and cultural activities.


SECTION 34. Training Programs. - The Commission, in coordination with the appropriate cultural agencies shall provide general training programs on conservation to the local government units which have established cultural heritage programs and projects in their localities.


ARTICLE I X

CULTURAL PROPERTY INCENTIVES PROGRAM


SECTION 35. Tax Exemption on Donations. – All donations in any form to the Commission and its affiliated cultural agencies shall be exempt from the donor’s tax and the same shall be considered as allowable deduction form the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.


SECTION 36. National Heritage Resource Assistance Program. - The Commission may provide financial assistance in the form of a grant to historic, archaeological, architectural, artistic organizations for conservation or research on cultural property. No grant made pursuant to this Act shall be treated as taxable income.


SECTION 37. Awards and Citations. - To encourage preservation of the national heritage, the Commission shall establish an annual conservation recognition program under which monetary prizes, awards and citations will be given by the President of the Philippines, upon the recommendation of the Commission, for special achievements and important contributions and services in the area of heritage preservation and conservation efforts.


ARTICLE X

CULTURAL EDUCATION


SECTION 38. Incorporation of National Cultural Treasures and Important Cultural Property in the Basic Education System. - Within one (1) year from the effectivity of this Act, the Department of Education in coordination with the Commission’s Philippine Cultural Education Program shall formulate the cultural heritage education programs both for local and overseas Filipinos to be incorporated into the formal, alternative and informal education, with emphasis on the protection, conservation and preservation of cultural heritage property.

The Philippine Registry of Cultural Property shall likewise be incorporated into the formal, alternative, and informal education by the provincial and local governments.


SECTION 39. Cultural Heritage Education Program. - Within one (1) year from the effectivity of this Act, the Department of Education, the Technical Education and Skills Development Authority and the Commission on higher Education in consultation with the Commission shall set forth in its teaching programs nationwide the following cultural heritage education programs with emphasis at the provincial, city and municipal levels:

(a) Protection, conservation and preservation of cultural heritage properties;

(b) Instructional materials in prints, film and broadcast media on the cultural and historical significance of cultural properties; and

(c) Visitation, public accessibility and information dissemination on designated local cultural properties.


SECTION 40. Public Accessibility. - Access to national historical landmarks, monuments and sites, whether designated as National Cultural Treasure, Important Cultural Property by the general public for visitation and information, and by government representatives for inspection, shall not be hindered except on reasonable cause. Fees, as prescribed by the cultural agency concerned, may in appropriate cases be charged to defray cost of conservation, inclusive of general maintenance and upkeep. In the case of privately owned monuments and sites, the National Historical Institute or the National Museum shall arrange with the owners the schedules of visits and regular inspection.

ARTICLE XI

CULTURAL HERITAGE WORKERS’ INCENTIVES PROGRAM


SECTION 41. Cultural Heritage Workers’ Incentives. - The national cultural agencies, in coordination with the Commission on Higher Education shall initiate scholarships, educational training programs, and other measures to protect the well being of curators, conservators, authenticators and valuators/appraisers of cultural property. Such cultural workers shall be given grants, incentives and scholarships upon the endorsement by the head of the appropriate cultural agency.

(a) Program for Cultural Heritage Workers. Within ninety (90) days from the effectivity of this Act, the Commission through the cultural agencies concerned shall come up with the following:

1) An active Roster of Authenticators and Valuators/Appraisers;

2) An education and training plan for conservators, authenticators, valuators/appraisers, and other conservation related workers; and

3) A general training plan on conservation for local government units.

(b) Application of Scientific Career Merit System. Cultural heritage workers in the Civil Service with a Doctorate, Master of Science, or Master of Arts Degree in fields related to cultural heritage promotion and conservation, shall be given the rank and benefits of Scientists, subject to qualifying standards equivalent to those prescribed in the scientific career merit system of the government.

A cultural heritage worker involved in science and technology in the government agencies shall be eligible for the benefits under Republic Act 8439 or the Magna Carta for Scientists, Engineers, Researchers and other S&T Personnel in Government. The Commission shall likewise establish a merit award system for non-civil service cultural heritage workers.


ARTICLE XII

SENTRO RIZAL


SECTION 42. Creation of Sentro Rizal. – There is hereby created and established a Sentro Rizal whose main purpose is the promotion of Philippine arts, culture and language throughout the world.

SECTION 43. Overseas Branches or Offices of Sentro Rizal. –Sentro Rizal shall have branches or offices in countries where there are children of overseas Filipino workers who need to be educated about their roots, as well as developed countries where there are large Filipino communities.

The office or branch shall be repository, inter alia, of the following materials on Philippine art, culture and language: books, digital video discs, compact discs, films, magazines, artworks, tourism promotion materials, information materials, etc. all these shall be made available to the public both Filipino and foreign.

SECTION 44. Coordination and Supervision with Philippine Schools. – The Sentro Rizal shall coordinate and supervise the Philippine Schools for Filipino children overseas.

SECTION 45. Services Offered. –The Sentro Rizal shall offer Filipino language courses for children and adults, as well as exhibits, small concerts, poetry reading, Philippine cuisine lessons in all Sentro Rizal branches.

SECTION 46. Provision of Tourism, Trade and Investment Materials to the Sentro Rizal. – The Department of Tourism, as well as the Department of Education, National Commission for Culture and the Arts, Commission on Higher Education, National Historical Institute, National Archives, National Library, and the Cultural Center of the Philippines, shall provide tourism promotion materials to the Sentro Rizal overseas branches. In the same manner, the Department of Trade and Industry will also provide trade and investments materials.

SECTION 47. Appropriation. – The amount of One hundred million pesos (P100,000,000.00) necessary to carry out the provisions of this article shall be appropriated immediately to be generated from whatever source that are available in the National Treasury.


ARTICLE XIII

PENAL PROVISIONS


SECTION 48. Prohibited Acts. - To the extent that the offense is not punishable by a higher punishment under another provision of law, violations of this Act may be made by whoever intentionally:

(a) Destroys, demolishes, mutilates or damages any world heritage site national cultural treasures important cultural property, and archaeological and anthropological sites;

(b) Modifies, alters, or destroys the original features of or undertakes construction or real state development in any national shrine, monument, landmark and other historic edifices and structures, declared, classified, and marked by the National Historical Institute as such, without the prior written permission from the Commission. This includes the designated security or buffer zone, extending five (5) meters from the visible perimeter of the monument or site;

(c) Explores, excavates or undertakes diggings for the purpose of obtaining materials of cultural historical value without prior written authority from the National Museum. No excavation or diggings shall be permitted without the supervision of a certified archaeologist;

(d) Appropriates excavation finds contrary to the provisions of the New Civil Code and other pertinent laws;

(e) Imports, sells, distributes, procures, acquires, or exports cultural property stolen, or otherwise lost against the will of the lawful owner;

(f) Illicitly exports cultural property listed in the Philippine Registry of Cultural Property or those that may be categorized as such upon visitation or incorrectly declares the same during transit; and,

(g) Deals in cultural property without proper registration and license issued by the cultural agency concerned.


SECTION 49. Penal Provisions. - Upon conviction, the offender shall be subject to a fine of not less than Two Hundred Thousand Pesos (P200,000.00) or imprisonment for a term of not less than ten (10) years, or both upon the discretion of the Court: Provided, That any cultural property attempted to be concealed from registration or those intended to be encumbered or excavated in violation of this Act shall be summarily confiscated and forfeited in favor of the Commission: Provided further, That if the violation is committed by a juridical person, the president, manager, representative, director, agent or employee of said juridical person responsible for the act shall also be liable for the penalties provided herein: Provided furthermore, That if the acts are committed by dealers, they shall suffer, in addition to the penalties provide herein, the automatic revocation of their license to operate: Provided finally, That if the offender is an alien, he shall be placed under the custody of the Bureau of Immigration for the appropriate proceedings under this Act, and shall be summarily deported after serving his/her sentence.

Heads of departments, commissions, bureaus, agencies or offices, officers and/or agents found to have intentionally failed to perform their required duty as prescribed by the deputization order under Section 28 of this Act shall be liable for nonfeasance and shall be penalized in accordance with applicable laws.


If the offense involves the non-registration of a cultural property such as those referred to in Section 14, and the non-registration occurs upon or after proper notification by the Commission or the cultural agency concerned, the offender shall be subject to a fine of not less than ten thousand pesos (P10,000.00) but not more than one hundred thousand pesos (P100,000).

The concerned head of agency, officer and/or employee of the government entities mentioned in Section 31 shall be held liable for failure to consult and coordinate with the Commission for the damage to the cultural property resulting from the implementation of the entity’s program/project, and shall be meted the penalty mentioned in the first paragraph of this section: Provided, That the offender/s shall likewise be asked to pay for the repair or rebuilding of what has been damaged.

ARTICLE XIV

ENDOWMENT


SECTION 50. National Endowment for Culture and the Arts. – The sum of Five hundred million pesos (P500,000,000.00) shall be contributed by the Philippine Amusement and Gaming Corporation (PAGCOR) and/or General Appropriations at the minimum rate of One hundred million pesos (P100,000,000.00) per year for five years, towards the establishment of a National Endowment for Culture and the Arts. Said amount shall be kept separate and deposited in a special account in the Bureau of Treasury specifically earmarked for culture and the arts.

ARTICLE XV

FINAL PROVISIONS


SECTION 51. Implementing Rules and Regulations. – The Commission, in consultation with other government agencies mentioned in this Act, shall promulgate the implementing rules and regulations within ninety (90) days after the effectivity of this Act.


SECTION 52. Repealing Clause. – Pertinent provisions of Republic Act No. 7356, the “Law Creating the National Commission for Culture and the Arts”; Republic Act No. 8492, the “National Museum Act of 1998”; Republic Act No. 9072, the “National Caves and Cave Resources Management and Protection Act”; and Republic Act No. 7942, the “Philippine Mining Act of 1995”; and all other laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 53. Separability Clause. – Any portion or provision of this Act that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining provisions can still subsist and be given effect.

SECTION 54. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

Senate Bill 2109 - FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

SBN 2109 - FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

S E N A T E

S. B. No. 2109

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTE

The Civil Engineering Law, Republic Act No. 544, which governs the practice of Civil Engineering in the Philippines, was last amended 49 years ago.

Since then, the number of registered civil engineers has grown to over 100,000 today. A new role for the civil engineer has likewise evolved in the light of the globalization and cross-boarder practice. Whereas before the civil engineer was confined to the application of technical knowledge with a boarder range of issues to deal with, the civil engineer now has to face the challenges of integrating the socio-economic and environmental issues with the technical aspects of the construction projects. The civil engineer is constantly challenged to design and build developments in a manner that is environmentally sound, socially acceptable, and globally competitive.

This bill, with its proposed amendments of the law, seeks to achieve the following objectives:

1. To attune the law to national development needs;

2. To strengthen the profession and enable civil engineers to cope with the formidable challenges brought about by globalization and cross-boarder practice;

3. To continually upgrade the level of competence of the civil engineers through:

a. peer recognition of specialization in civil engineering;
b. continuous professional development; and
c. the strengthening of the accredited professional organization of civil engineers;

In view of the foregoing, the immediate passage of this proposed legislation is earnestly sought.

(Signed)

FRANCIS G. ESCUDERO
Senator

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

S E N A T E

S. B. No. 2109

Introduced by Senator FRANCIS G. ESCUDERO

AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Sections 2, 4, 13, 16 and 19 of Republic Act No. 544, as amended, are hereby further amended to read as follows:

"Section 2. Definition of Terms.

(a)The practice of civil engineering within the meaning and intent of this Act shall embrace services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures [or irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any work in this section shall not be construed as excluding any other work requiring civil engineering knowledge and application.

(b)The term "civil engineer" as used in this act shall mean a person duly registered with the Board for Civil Engineers in the manner as hereinafter provided.

(C)ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) SHALL MEAN THE PHILIPPINE INSTITUTE OF CIVIL ENGINEERS (PICE) WHICH IS THE OFFICIAL NATIONAL ORGANIZATION OF ALL REGISTERED CIVIL ENGINEERS IN THE PHILIPPINES AS ACCREDITED BY THE PROFESSIONAL REGULATION COMMISSION."

"Section 4. Powers and duties of the Board. - The Board of Examiners of Civil Engineers is vested with authority, conformable with the provisions of this Act, to administer oaths, issue, suspend and revoke certificates of registration for the practice of civil engineering, [issue certificates of recognition to civil engineers already registered under this Act for advance studies, research, and/ or highly specialized training in any branch of civil engineering, subject to the approval of the Secretary of the Public Works and Communications,] to investigate such violations of this Act and the regulations, there-under as may come to the knowledge of the Board and, for this purpose, issue subpoena and subpoena duces tecum to secure appearance of witnesses in connection with the charges presented to the Board, to inspect at least once a year educational institutions offering courses in civil engineering, civil engineering works, project or corporations, established in the Philippines and, for safe-guarding of life, health and property, to discharge such other powers and duties as may affect ethical and technological standards of the civil engineering profession in the Philippines. For the purpose of this act, the Director of the Public Works and/or his authorized representative in the provinces and chartered cities shall be ex-officio agents of the Board and as such shall be their duty to help in the enforcement of the provisions of this Act.

The Board may, with the approval of the Secretary of Public Works and Communications issue] PROMULGATE such rules and regulations as may be deemed necessary to carry out the provisions of this act. THE LA TEST EDITION OF THE CIVIL ENGINEERING CODE, THE MANUAL OF PROFESSIONAL PRACTICE OF CIVIL ENGINEERS AS PREPARED BY THE APOCE AND APPROVED BY THE BOARD SHALL FORM PART OF THE IMPLEMENTING RULES AND REGULATIONS. The Board shall also adopt a code of ethics in the practice of civil engineering and have an official seal to authenticate its official documents."

"SECTION 4 (A). CERTIFICATE OF SPECIALIZATION - IN ORDER TO ENCOURAGE THE CONTINUING PROFESSIONAL DEVELOPMENT OF REGISTERED CIVIL ENGINEERS, THE ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) BY THE PROFESSIONAL REGULA TION COMMISSION SHALL BE VESTED WITH AUTHORITY CONFORMABLE WITH THE PROVISIONS OF THIS ACT, TO ISSUE A CERTIFICATE OF SPECIALIZATION TO A REGISTERED CIVIL ENGINEER WHO HAS DEMONSTRATED HIS ADVANCE KNOWLEDGE, EXPERIENCE, EDUCATION, AND TRAINING IN A RECOGNIZED BRANCH OF CIVIL ENGINEERING: PROVIDED, THAT AT THE INITIAL EFFECTIVITY OF THIS ACT, THE SPECIALIZATION OF CONSTRUCTION MANAGEMENT AND ENGINEERING, GEOTECHNICAL ENGINEERING, STRUCTURAL ENGINEERING, TRANSPORTATION ENGINEERING, AND WATER RESOURCES AND HYDRAULICS ENGINEERING SHALL BE SO RECOGNIZED. PROVIDED FURTHER, OTHER SPECIALIZATION MAY ADDITIONALLY BE RECOGNIZED BY THE APOCE. SPECIALISTS IN EACH RECOGNIZED BRANCH MA Y FORM A SPECIALTY ORGANIZATION OF CIVIL ENGINEERS (SOCE): PROVIDED FURTHER THAT THIS SOCE IS AFFILIATED TO AND RECOGNIZED BY THE APOCE. PROVIDED FINALLY, THERE IS ONLY ONE SOCE FOR EACH RECOGNIZED BRANCH OF CIVIL ENGINEERING, WITHOUT PREJUDICE TO MEMBERSHIP IN OTHER VOLUNTARY PROFESSIONAL ORGANIZATIONS. THE HOLDER OF SUCH CERTIFICATE OF SPECIALIZATION MAY USE THE SPECIALIST TITLE IN THE SIGNING OF RELEV ANT PLANS AND DOCUMENTS. THE APOCE SHALL HAVE THE AUTHORITY TO SUSPEND OR REVOKE A CERTIFICATE OF SPECIALIZATION PREVIOUSLY ISSUED ON GROUNDS OF VIOLATION OF ANY OF THE PROVISION OF THIS ACT."

"Section 13. Oath of Civil Engineers. - All successful candidates in the examination shall be required to take a professional oath before the Board Examiners of Civil Engineers or other government officials authorized to administer oaths, prior to entering upon the practice of the civil engineering profession. ALL REGISTERED CIVIL ENGINEERS SHALL ALSO TAKE THEIR OATH AS MEMBERS OF THE ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) AND SHALL COMPLY WITH ALL THEIR MEMBERSHIP REQUIREMENT."

"Section 16. Refusal to Issue Certificate - The Board of Examiners for Civil Engineers shall not Issue a certificate to any person convicted by a court of a competent jurisdiction of any criminal offense involving moral turpitude, or to any person guilty of immoral or dishonorable conduct, or to any person of unsound mind. THE BOARD SHALL NOT ISSUE A CERTIFICATE TO ANY PERSON WHO JS NOT A MEMBER OF GOOD STANDING OF THE APOCE. In the vent of a refusal to issue a certificate to any person, the Board shall give to the applicant a written statement setting forth its reason for such action, which statement shall be incorporated in the records of the Board."

"Section 19. Transitory Provisions. As soon as this Act takes effect, any person desiring to practice the profession of civil engineering shall be required to obtain a certificate of registration in the manner and under the conditions hereinafter provided. All civil engineers duly licensed under the provisions of Act Numbered Twenty-nine hundred and eighty-five, as amended, at the time this Act takes effect, shall be automatically registered under the provisions hereof. Certificates of registration held by such persons in good standing shall have the same force and effect as though the same have been issued under the provisions of this Act. CERTIFICATES OF SPECIALIZATION ISSUED TO REGISTERED CIVIL ENGINEER BY THE BOARD OR ACCREDITED PROFESSIONAL ORGANIZATION FOR CIVIL ENGINEERING (APOCE) HELD BY SUCH PERSONS IN GOOD STANDING SHALL HAVE THE SAME FORCE AND EFFECT AS THOUGH THE SAME HAVE BEEN ISSUED UNDER THE PROVISIONS OF THIS ACT."

SEC. 2. Repealing Clause. - All other laws, decrees, presidential issuances, proclamations, and administrative regulations inconsistent with or contrary to the provisions of this Act are hereby amended, modified or repealed accordingly, specifically, among others, Executive Order No. 495
dated 06 December 1992.

SEC. 3. Separabilily Clause. - In the event that any provision of this Act is declared void or unconstitutional such declaration shall not affect the validity of the unaffected provisions of this Act.

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved,

Building Laws

PD 1096: National Building Code
* Implementing Rules & Regulations
   IRR Rules I-VI
   IRR Rules VII
   IRR Rules VIII
   IRR Rules IX-XXI

RA 9514: Fire Code of the Philippines
* Implementing Rules & Regulations

PD 856: Code on Sanitation of the Philippines
* Implementing Rules & Regulations

BP 344: Accessibility Law
* Implementing Rules & Regulations

PD 957: The Subdivision & Condominium Buyers Protective Decree
* Implementing Rules & Regulations

BP 220: Standards for Economic and Socialized Housing

PD 1216: Defining "Open Space" in Residential Subdivisions

PD 1067: The Water Code of the Philippines

PD 856: Code on Sanitation of the Philippines
* Implementing Rules & Regulations

RA 9154 Revised Fire Code of the Philippines of 2008

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
Republic Act No. 9514 December 19, 2008
Repealed PD 1185
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. This Act shall be known as the "Revised Fire Code of the Philippines of 2008".
Section 2. It is the policy of the State to ensure public safety and promote economic development through the prevention and suppression of all kinds of destructive fires and promote the professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws, rules and regulations to ensure adherence to standard fire prevention and safety measures, and promote accountability for fire safety in the fire protection service and prevention service.
Section 3. Definition of Terms. - As used in this Fire Code, the following words and phrases shall mean and be construed as indicated:
Abatement - Any act that would remove or neutralize a fire hazard.
Administrator - Any person who acts as agent of the owner and manages the use of a building for him.
Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.
Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base.
Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce.
Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).
Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals.
Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent.
Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings.
Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance.
Duct System - A continuous passageway for the transmission of air.
Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion.
Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor.
Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames.
Finishes - Materials used as final coating of a surface for ornamental or protective purposes.
Fire - The active principle of burning, characterized by the heat and light of combustion.
Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes.
Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.
Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property.
Fire Lane - The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units.
Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals.
Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air.
Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.
Fulminate - A kind of stable explosive compound which explodes by percussion.
Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions.
Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting.
Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.
Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated.
Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.
Occupancy - The purpose for which a building or portion thereof is used or intended to be used.
Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter.
Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature.
Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system.
Owner - The person who holds the legal right of possession or title to a building or real property.
Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion.
Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose.
Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.
Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire.
Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.
Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire.
Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed.
Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building.
Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building.
Section 4. Applicability of The Code. - The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity.
Section 5. Responsibility for the Enforcement of this Code. - This Code shall be administered and enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local Government (DILG), the BFP, is hereby authorized to:
a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service charges and administrative penalties therefore as provided in the pertinent provisions of this Code;
b. Reorganize the BFP as may be necessary and appropriate;
c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related emergency response trainings and competency evaluations to be conducted by the BFP. In the case of the Fire practitiones, they shall undergo mandatory continuous professional education and competency evaluation of their expertise, knowledge and skills in the area of fire science, engineering and technology to be conducted by the BFP;
The BFP may enter into external party agreements for the conduct of training, education and evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall be under the full control and supervision of the BFP: Provided, however, That during firefighting operations, fire volunteer organizations shall be under the direct operational control of the fire ground commanders of the BFP;
d. Enter into long term agreement, either through public biddings or negotiations in accordance with the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue, paramedics, hazardous material handling equipment, supplies, materials and related technical services necessary for the fire services;
e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern;
f. Call on the police, other law enforcement agencies, and local government assistance to render necessary assistance in the enforcement of this Code;
g. Designate a fire safety inspector through his/her duly authorized representative, who shall conduct an inspection of every building or structure within his area of responsibility at least once a year and every time the owner, administrator or occupant shall renew his/her business permit or permit to operate;
No occupancy permit, business or permit to operate shall be issued without securing a Fire Safety Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative;
h. Inspect at reasonable time, any building, structure, installation or premises for dangerous or hazardous conditions or materials as set forth in this Code, provided that in case of single family dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the proper court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant to remove hazardous materials and/or stop hazardous operation/process in accordance with the standards set by this Code or its implementing rules or regulations or other pertinent laws;
i. Where conditions exist and are deemed hazardous to life and property, to order the owner/occupant of any building or structure to summarily abate such hazardous conditions;
j. Require the building owner/occupant to submit plans and specifications, and other pertinent documents of said building to ensure compliance with applicable codes and standards; and
k. Issue a written notice to the owner and/or contractor to stop work on portion of any work due to absence, or in violation of approved plans and specifications, permit and/or clearance or certification as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the nature of the violation and no work shall be continued on that portion until the violation has been corrected.
Section 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not only from the organic members of the BFP and other government offices and agencies, but also from other sources. In the latter case, they will either be appointed into the service or hired as consultants in accordance with law. The technical staff shall study, review and evaluate latest developments and standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and evaluate implementation thereof; develop programs on the professionalization of the fire service; coordinate with appropriate government and private institutions for the offering of college courses on fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Chief, BFP on any matter brought to his attention; and perform such other functions as directed on any matter brought to his attention and perform such other functions as directed by higher authorities.
Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning Systems. - As may be defined and provided in the Rules and Regulations, owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons shall be required to comply with the following, as may be appropriate:
a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or his duly authorized representative as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the:
(1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire protection and fire safety equipment, and electrical system in any building structure or facility; and
(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials;
b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving:
(1) cellulose nitrate plastic of any kind;
(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;
(4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
(7) metallic magnesium in any form;
(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as material compounds which when exposed to heat or flame become a fire conductor, or generate excessive smoke or toxic gases;
(9) blasting agents, explosives and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo spontaneous combustion.
(17) any other substance with potential to cause harm to persons, property or the environment because of one or more of the following: a) The chemical properties of the substance; b) The physical properties of the substance; c) The biological properties of the substance. Without limiting the definition of hazardous material, all dangerous goods, combustible liquids and chemicals are hazardous materials.
c. Safety Measures for Hazardous Operation/Processes - Fire Safety measures shall be required for the following hazardous operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in the Rules and Regulations.
d. Provision on Fire Safety Construction, Protective and Warning System - Owners, occupants or administrator or buildings, structures and their premises or facilities, except such other buildings or structures as may be exempted in the rules and regulations to be promulgated under Section 5 hereof, shall incorporate and provide therein fire safety construction, protective and warning system, and shall develop and implement fire safety programs, to wit:
(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, curtain boards and other fire containing or stopping components;
(5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate exits, displayed prominently on the door of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit ways in case of power failure.
Section 8. Prohibited Acts. - The following are declared as prohibited act and omission.
(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing said violations;
(b) Constructing gates, entrances and walkways to buildings components and yards which obstruct the orderly and easy passage of fire fighting vehicles and equipment;
(c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly organized and authorized fire brigades;
(d) Obstructing designated fire lanes or access to fire hydrants;
(e) Overcrowding or admission of persons beyond the authorized capacity in movie houses, theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits;
(f) Locking fire exits during period when people are inside the building;
(g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers;
(h) Use of fire protective of fire fighting equipment of the fire service other than for fire fighting except in other emergencies where their use are justified;
(i) Giving false or malicious fire alarms;
(j) Smoking in prohibited areas as may be determined by fire service, or throwing of cigars, cigarettes, burning objects in places which may start or cause fire;
(k) Abandoning or leaving a building or structure by the occupant or owner without appropriate safety measures;
(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag posted or required by the fire service for fire safety in any building, structure or processing equipment; and
(m) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designated capacity or such other practices that would tend to undermine the fire safety features of the electrical system.
Section 9. Violation, Penalties and Abatement of Fire Hazard. - Fire hazards shall be abated immediately. The Chief, BFP or his/her duly authorized representative, upon the report that a violation of this Code or other pertinent laws, rules and regulations is being committed, shall issue notice/order to comply to the owner, administrator, occupant or other person responsible for the condition of the building or structure, indicating among other things, the period within which compliance shall be effected, which shall be within ten (10) to fifteen (15) days after the receipt of the notice/order, depending on the reasonableness to adequately comply with the same.
If, after the lapse of the aforesaid period, the owner, administrator, occupant or other responsible person failed to comply, the Chief, BFP or his/her authorized representative shall put up a sign in front of the building or structure that it is fire hazard. Specifically, the notice shall bear the words "WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which shall remain posted until such time that the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same, but such period shall not exceed fifteen (15) days from the lapse of the initial period given in the notice/order to comply.
Finally, with the failure of the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities to comply within the period specified above, the Chief, BFP may issue order for such abatement. If the owner, administrator or occupant of buildings, structure and their premises or facilities does not abate the same within the period fixed in said order, the building, structure, premises or facilities shall be ordered closed by the Chief, BFP or his/her duly authorized representative notwithstanding any permit clearance or certificate earlier issued by the local authorities.
Any building or structure assessed and declared by the chief, BFP or his/her duly authorized representative as a firetrap on account of the gravity or palpability of the violation or is causing clear and present imminent fire danger to adjoining establishments and habitations shall be declared a public nuisance, as defined in the Civil Code of the Philippines in a notice to be issued to the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities. If the assessed value of the nuisance or the amount to be spent in abating the same is not more than One hundred thousand pesos (P100,000.00), the owner, administrator or occupant thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more than One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of the order declaring said building or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized representative shall forthwith cause its summary abatement. failure to comply within five (5) days from the receipt of the notice shall cause the Chief, BFP or his/her duly authorized representative to put up a sign in front of the building or structure, at or near the entrance of such premises, notifying the public that such building or structure is a "FIRETRAP", which shall remain until the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same within the specified period.
Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards which shall include, but not limited to remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure. The expenses incurred by the government for such summary abatement shall be borne by the owner, administrator or occupant. These expenses shall constitute a prior lien upon such property.
Section 10. Enforcement of The Lien. - If the owner, administrator or occupant fails to reimburse the government of the expenses incurred in the summary abatement within ninety (90) days from the completion of such abatement, the building or structure shall be sold at public auction in accordance with existing laws and rules. No property subject of lien under Section 9 hereof, may be sold at a price lower than the abatement expenses incurred by the government. The property shall be forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses.
Section 11. Penalties. -
1. Against the private individual:
a) Administrative fine - Any person who violates any provision of the Fire Code or any of the rules and regulations promulgated under this Act shall be penalized by an administrative fine of not exceeding Fifty thousand (P50,000.00) pesos or in the proper case, by stoppage of operations or by closure of such buildings, structures and their premises or facilities which do not comply with the requirements or by both such administrative fine and closure/stoppage of operation to be imposed by the Chief, BFP.Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings, structures, and their premises or facilities shall not absolve the violator from correcting the deficiency or abating the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to the Secretary of the Interior and Local Government. Unless ordered by the Secretary of the Interior and Local Government the appeal shall not stay the execution of the order of the Chief, BFP. The decision of the Secretary of the Interior and Local Government shall be final and executory.
(b) Punitive - In case of willful failure to correct the deficiency or abate the fire hazard as provided in the preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years, or by a fine of not more than One hundred thousand (P100,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its officials responsible for such violation, and in case the guilty party is an alien, in addition to the penalties herein prescribed, he shall immediately be deported; Provided, finally, that were the violation is attended by injury, loss of life and/or damage to property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code.
Any person who, without authority, maliciously removes the sign that a building or structure is a fire hazard/firetrap placed by the authorized person in this Code shall be liable for imprisonment for thirty (30) days or a fine not exceeding One hundred thousand pesos (P100,000.00) or both in the discretion of the court.
Any person, who disobeys the lawful order of the fire ground commander during a firefighting operation shall be penalized with imprisonment of one (1) day to thirty (30) days and a fine of five thousand pesos (P5,000.00).
2. Against the public officer/employee
a) Administrative - The following acts or omissions shall render the public officer/employee in charge of the enforcement of this Code, its implementing rules and regulation and other pertinent laws, administratively liable, and shall be punished by reprimand, suspension or removal in the discretion of the disciplining authority, depending on the gravity of the offense and without prejudice to the provisions of other applicable laws:
(1) Unjustified failure of the public officer/employee to conduct inspection of buildings or structures at least once a year;
(2) Deliberate failure to put up a sign in front of the building or structure within his/her area of responsibility found to be violating this Code, its implementing rules and regulations and other pertinent laws, that the same is a "FIRE HAZARD" or a "FIRETRAP";
(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the certification, or submitting a report that the building or structure complies with the standards set by this Code, its implementing rules or regulations or other pertinent laws when the same is contrary to fact;
(4) Issuance or renewal of occupancy or business permit without the fire safety inspection certificate issued by the Chief, BFP or his/her duly authorized representative;
(5) Failure to cancel the occupancy or business permit after the owner, administrator, occupant or other person responsible for the condition of the building, structure and other premises failed to comply with the notice/order for compliance with the standards set by this Code, its implementing rules and regulations and other pertinent laws, within the specified period;
(6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator, occupant or other responsible person failed to abate the same within the period contained in the notice to abate;
(7) Abusing his/her authority in the performance of his/her duty through acts of corruption and other unethical practices; or
(8) Other willful impropriety or gross negligence in the performance of his/her duty as provided in this act or its implementing rules and regulations.
b) Punitive - In the case of willful violation involving the abovementioned acts or omissions enumerated under Section 11 subparagraph 2(A) the public officer/employees shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years or by a fine of not more than One hundred thousand (P100,000.00) or both such fine and imprisonment:Provided, That where the violation is attended by injury, loss of life and/or property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code.
Section 12. Appropriation and Sources of Income. -
(a) To support the manpower, infrastructure and equipment needs of the fire service of the BFP, such amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and included in the annual appropriation of the BFP.
(b) To partially provide for the funding of the fire service the following taxes and fees which shall accrue to the General Fund of the National Government, are hereby imposed:
(1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7 (a) hereof;
(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the use and occupancy permit;
(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or structures annually payable upon payment of the real estate tax, except on structures used as single family dwellings;
(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire, earthquake and explosion hazard insurance collected by companies, persons or agents licensed to sell such insurances in the Philippines;
(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting equipment, appliances or devices, including hazard detection and warning systems; and
(6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion hazard reinsurance surveys and post loss service of insurance adjustment companies doing business in the Philippines directly through agents.
Section 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this Code, shall be collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and retained for use by the city or municipal government concerned, which shall appropriate the same exclusive for the use of the operation and maintenance of its local fire station, including the construction and repair of fire station: Provided,further, That the remaining eighty (80%) shall be remitted to the National Treasury under a trust fund assigned for the modernization of the BFP.
"Sec. 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the approval of the DILG, prescribe the procedural rules for such purpose.
Sec. 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection and assessment of taxes, fees and fines as prescribed in the Local Government Code, except those contained in this Code, shall be function of the concerned local government units.
Sec. 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The Chief, BFP is authorized, subject to the approval of the Secretary of the Interior and Local Government, to use the income generated under the Fire Code for procurement of fire protection and fire fighting investigation, rescue, paramedics, supplies and materials, and related technical services necessary for the fire service and the improvement of facilites of the Bureau of Fire Protection and abatement of fire hazards.
The BFP shall determine the optimal number of equipment, including, but not limited to, fire trucks and fire hydrants, required by every local government unit for the proper delivery of fire protection services in its jurisdiction.
In the procurement of fire fighting and investigation supplies and materials, the Bureau of Product Standards of the Department of Trade and Industry shall evaluate, determine and certify if the supply to procured conforms to the product standards fixed by the BFP. For this purpose, the BFP shall submit to the Bureau of Product Standards a detailed set of product standards that must be complied with in the procurement of fire fighting and investigation supplies and materials within six (6) months from the effectivity of this act.
Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees Collected. - The Chief, BFP shall, within six (6) month from the effectivity of this Code, submit to the Secretary of the Interior and Local Government for his/her approval, a management tool or mechanism that would ensure effective monitoring of the enforcement of the Fire Code to include the amount of Fire Code fees collected.
Section 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the Interior and Local Government shall issue the rules and regulations for its effective implementation.
Section 15. Presidential Decree No 1185 is hereby repealed. All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be.
Section 16. In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 17. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representative
(Sgd.) MANNY VILLAR
President of the Senate
This Act which is a consolidation of Senate Bill No. 2553 and House Bill No. 4115 was finally passed by the Senate and the House of Representative on October 6, 2008 and October 8, 2008, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representative
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: DEC 19, 2008
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines