DOCS: IRR of RA 9266

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A Trail of Corruption

Forget about the NBN deal or the new enactment to change the alphabet from ABC to ZTE. Let's focus on a lower intensity scenario like the Local Government Level.

The core of infrastructure projects is outlined in a document called the Land Use and Zoning Code/Ordinance(there is a need for local enactment). With it are prominently featured such departments like the City Engineer's Office and the City Planning office. Both mandatory departments under the Local Government Code of 1991, R.A. 7160, authored by Sen. Aquilino Pimentel.

That Local Government Code did not make the City Architect's Office mandatory but rather only discretionary or optional. The Architect's Law of 2004, also sponsored by the good senator, has the effect of making it a mandatory department.

The City Engineer's Office is tasked with enforcing the Zoning Ordinance. The issuance of a Building Permit is one of it's primary functions. Including the enforcement of demolition orders and all other functions provided by the building code, PD 1096 and its Implementing Rules and Regulations(IRR).

The power to issue a Notice of Illegal Construction is the first step towards a deeply rooted corrupt system. Through a network of organized operatives enumerated in the set of allied professions, like the electrical engineer, sanitary, mechanical, geodetic engineers. This group operates as a syndicate for captive client projects. At the center of this organized network is the Civil Engineer.

The processing of plans are made through established contacts within and outside the bureaucracy. This organized crime does not include the architect. An outsider in the game.This reminds me of my instructor in an Architectural Design subject, who exclaimed in class.." why do you all want to be architects? Don't you know that there is a very slim chance of success in the field?" hahaha! Times change sir.

This business provides the so called 'sideline' for most government employees who are technically oriented. Using government time, materials, and resources. To the detriment of the practicing architect. It is as if the government has competed with the private practitioner. These are all illegal projects because they are undocumented in the sense that they are not signed and sealed by their respective authors. They deny government income through proper documents that produce taxable contracts. Instead of benefiting the government, they end up filling the pockets of individual entities.

If the structure or the plan fails later, liability cannot attach for the reason that both parties are guilty. The owner for the illegal construction, and in the hope of getting a bargain through bribes and the professional for illegal practice who 'fixes it' at a bargain price. They just call it 'quits'. No guarantees. Ever wondered why our cities are littered with such failed projects?

The New Implementing Rules and Regulations hopes to cure that defect in the system. It has an effect of stopping the above-mentioned illegal business.

These illegal practices not only takes away the life-blood of government but also deprives the general citizenry of well planned environments and spaces. If you look around your neighborhood and sense a hostile environment unfit for human habitation then you know the cause of such a disease.

What is really at stake is the health of the nation. An unhealthy environment, ill conceived spaces,and irresponsible structures produce an unhealthy citizenry. In effect a poor country.

The Law Has Spoken, The Gentle Hammer Swings

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.

..TO BE CONTINUED..