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Very Important Note: the LECE does NOT test site development planning nor
architectural planning and design capabilities/ skillsets required for buildings i.e.
there is NO LECE subject on the site planning of building grounds/ environs nor
of the architectural planning and design of buildings; and
IXc. Sec. 302.3 & 4 of the 2004 Revised IRR of P.D. No.
1096 (The 1977 NBCP) as published thrice in 2005 by DPWH
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X. Status of Secs. 302.3 & 4 of the 2004 Revised
IRR of P.D. No. 1096 (the 1977 National Building
Code of the Philippines/ NBCP)
1) was briefly in effect over the period 01 to circa 24 May 2005;
2) effectivity interrupted by the 2 temporary restraining orders
(TROs) and the injunction secured by the PICE on the basis
of the intercalated (and wrongly worded) text of Sec. 302 of
P.D. No. 1096 which purported that CEs can sign and seal
ARCHITECTURAL PLANS/ documents;
3) injunction LIFTED/ DISSOLVED through a Decision
promulgated by the Court (Manila RTC Branch 22) on 29
January 2008; despite the executory nature of the Decision,
the DPWH refused to comply;
4) January 2008 Court order AFFIRMED on 04 May 2009; the
DPWH apparently still refuses to comply without reason;
contrast this with the DPWH action in 2005 when the DPWH almost
immediately complied with the TROs & injunction (already
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XI. Are there legal impediments to the
implementation of Secs. 302.3 & 4 of the
2004 Revised IRR of P.D. No. 1096 (NBCP)?
NOTE: R.A. No. 9266 is a valid and subsisting law that has been in effect since 10 April 2009 (5.5 years ago). There
is NO TRO, NO injunction and NO pending constitutional question on ANY provision of R.A. No. 9266 and it MUST
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XIXc. What is the effect of the 2008 Decision & 2009 Court
Order by Manila RTC Branch 22?
The Court Decision and Order basically mandates the
DPWH Secretary to RESUME the INTERRUPTED
implementation and and enforcement of Secs. 302.3 & 4
of the 2004 Revised IRR of P.D. No. 1096 (the 1977 Nat’l
Bldg Code of the Phils.), which were already in effect over
the period 01 May 2005 through circa 24 May 2005.
What is the effect of a DPWH Memorandum Circular
issued after 2005 on the Original Effectivity of Secs. 302.3
& 4 of the 2004 Revised IRR of P.D. No. 1096 (1977
NBCP)?
NOTHING. All DPWH Memorandum Circulars, issued after 2005
and which may violate or visibly fail to comply with executory
Court Orders, appear NOT to modify, amend repeal nor supersede
the original effectivity of the said sections, attained by three (3)
national publications of the DPWH on 01, 08 & 15 April 2005.
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Thank You
and a Pleasant Morning to You All !!!