This article is a 'coup de grace'.
The Petition for Declaratory Relief filed by the Civil Engineers through its national organization, the Philippine Institute of Civil Engineers (PICE), has been denied by the Regional Trial Court(RTC), Branch 22, Manila.
A moment of rejoicing and a vindication for the prejudice caused by the conflict of interest between the architects and the civil engineers.
For many decades now, the architects have been deprived of a fair deal in the industry. Construction has always been dominated by the engineers. Starting in the '50s right after the war. The enabling laws between what was supposed to be allied professions resulted in a scenario that went sour.
Driven by inhospitable conditions in the local scene, Filipino talent found its solace and manifestations in foreign lands. In Dubai, for example, which is dominated by Arch. Palafox, also the approved schemes for the new palaces of the kingdom of Saudi Arabia, another commissioned project. Need I mention too the palace of Brunei's Sultan, Bolkiah?
As a consolation, you can never blame the architects nor pin them down as a big player in the malignant disease of 'corruption' that has been plaguing the country. Starting with the 10% SOP(mind you, Lozada said: 20% was still acceptable), as pre-condition before a project is awarded to a contractor. Where does the businessman break even? In the quality of the finished product. Roads that don't last long, buildings and structures that fail or barely meet the minimum standards. Over-designed in plan yet just barely enough in actual construction.
Last January 29, 2008, Judge Marino de la Cruz made his decision.
There is really no conflict between R.A. 544 and R.A. 545. Including it's amending laws, R.A. 1581 and R.A. 1582, both issued in 1956, with regard to corporate practice, where either side was required to retain a minimum of one practitioner from the other profession (the new Architect's Law of 2004 requires 3/4 from among the incorporators), that is to enable corporate practice. Which later, was modified to mean that either can do without the other. Again, the danger of modifying substantial laws.
In 1970, PD 1096 or the National Building Code was implemented. It was established, through the records of the case, as an uncontested/incontrovertible fact that the original law signed and published in the Official Gazette was modified in the actual code published for commercial distribution. That being made a basis for M.O. 057. The civil engineer, in simplest of terms, anchored their case on a 'fraudulent act'. There can never be a vested right based on a fraud. Time cannot make a wrong thing right no matter how long they have been practiced. "FRAUS ET JUS NUNQUAM COHABITANT".
According to my research, this was during the time when the then Public Works Minister(1981-1982), Engr. Jesus Hipolito was being perceived as a 'little president,' he had full access to Malacanang, the seat of power. He was probably entertaining the idea that he would become the next president of the Republic. The criminally intelligent Marcos, had a way of dealing with his minions. The brilliant Marcos, gave false hopes that he was grooming future successors. They in turn gave him a certain degree of loyalty.These loyal henchmen were his new breed of oligarchs.
Its been more than 30 years since then, until now the country still staggers from the oppressive yoke of an authoritarian-dictatorial-fascism regime.Why? They were able to amass large amount of wealth and capital. People like D.M. Consunji and F.F.Cruz had some form of monopoly during that time, they were industry leaders. The practice was extended to our time because the culture of corruption never ended with Marcos. It even got worse because they could not "moderate their greed".
Maybe its high time that we cut clean from the infections of the past.
WebP decoder for Flash.
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Nothing much here, but I thought I’d share a handy little library to decode
WebP in Flash. Here’s two demo’s : Lena and V for Vendetta, both encoded
using ...
13 years ago
