Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096
The DPWH NBCDO Memorandum Circular No. 002-09 addresses the processing and issuance of building permits and certificates in light of ongoing legal challenges to Sections 302 (3) and (4) of the Revised IRR of Presidential Decree No. 1096. Following a Regional Trial Court ruling, which dismissed a case filed by the Philippine Institute of Civil Engineers, the memorandum directs all Building Officials to continue processing permits regardless of the qualifications of submitted design plans until a final court decision is reached. Additionally, officials are instructed to refrain from using new application forms (NBC Form No. A-01 and A-02) and instead utilize forms from the old IRR until further notice. Compliance with these directives is mandatory.
Quick Answers
- What is Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096 about?
- The DPWH NBCDO Memorandum Circular No. 002-09 addresses the processing and issuance of building permits and certificates in light of ongoing legal challenges to Sections 302 (3) and (4) of the Revised IRR of Presidential Decree No. 1096. Following a Regional Trial Court ruling, which dismissed a case filed by the Philippine Institute of Civil Engineers, the memorandum directs all Building Officials to continue processing permits regardless of the qualifications of submitted design plans until a final court decision is reached. Additionally, officials are instructed to refrain from using new application forms (NBC Form No. A-01 and A-02) and instead utilize forms from the old IRR until further notice. Compliance with these directives is mandatory.
- What type of law is DPWH NBCDO Memorandum Circular No. 002-09?
- Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096 (DPWH NBCDO Memorandum Circular No. 002-09) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096 enacted?
- Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096 (DPWH NBCDO Memorandum Circular No. 002-09) was enacted on Sep 16, 2009.
- What is the citation for Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096?
- Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096, DPWH NBCDO Memorandum Circular No. 002-09, Sep 16, 2009 (Philippines)
Law Information
- Reference Number
- DPWH NBCDO Memorandum Circular No. 002-09
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Buildings
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 16, 2009
DPWH NBCDO MEMORANDUM CIRCULAR NO. 002-09
| SUBJECT | : |
Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 [4] of the Revised IRR of PD 1096 and Enjoining the Use of NBC Form No. A-01 and NBC Form No. A-02
|
In the case filed by the Philippine Institute of Civil Engineers, Inc. (hereinafter referred to as "PICE") and Leo Cleto Gamolo against the undersigned to enjoin the implementation of Sections 302 (3) and (4) of the Revised Rules and Regulations of Presidential Decree No. 1096 otherwise known as the National Building Code of the Philippines entitled "PICE, et al. v. Hon. Secretary Hermogenes Ebdane, Jr." and docketed as Civil Case No. 05-112502, the Regional Trial Court (hereinafter referred to as the "RTC") dismissed the same and likewise denied the plaintiff's motion for reconsideration and affirmed its previous ruling. CDaSAE
However, considering the pendency of the appeal therefrom coupled with the injunction issued in Civil Case No. 05-112479 entitled "PSSE v. the DPWH Secretary" enjoining the use of the application forms, design plans and/or pertinent documents for the issuance of building permits under the Revised Implementing Rules and Regulations of PD 1096 (hereinafter referred to as the "Revised IRR") and so as not to prejudice the final disposition by the Court of Appeals or the Supreme Court of the above-cited cases, all Building Officials are hereby directed, consistent with the Memorandum of this Office dated 26 September 2005, as well as, its Memorandum dated 16 April 2007, as follows:
1. All Building Officials are directed to process and issue the necessary permits and certificates to all applicants/owners notwithstanding whether the design plans and/or other pertinent documents that are submitted, particularly those enumerated in Section 302(4) of the Revised IRR, are prepared, signed and/or sealed by either a registered architect and/or civil engineer" until there is a final and executory decision rendered in the abovementioned cases.
2. All building officials are directed to desist from using the new forms including NBC Form No. A-01 and NBC Form No. A-02 under the Revised IRR and in lieu thereof process the application for building permits using the application forms, design plans and other forms under the old IRR until a final and executory decision to the contrary is issued by the Courts.
For your strict and immediate compliance.
(SGD.) HERMOGENES E. EBDANE, JR.Secretary(National Building Official)Department of Public Works and Highways
Cite This Law
Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096, DPWH NBCDO Memorandum Circular No. 002-09, Sep 16, 2009 (Philippines)
Processing and Issuance of Permits and Certificates Pursuant to Sec. 302 (4) of the Revised IRR of PD 1096, DPWH NBCDO Memorandum Circular No. 002-09 (Phil. 2009)
Related Laws
- Guidelines in Streamlining the Processes for the Issuance of Building Permits and Certificates of OccupancyDILG-DPWH-DICT-DTI-NCC Joint Memorandum Circular No. 01-18 • Jan 4, 2018 • Other Rules and Procedures
- Reiterating to the DPWH the Strict Implementation of Section 304 No. 5, Items of F and G of the Revised IRR of the National Building Code of the Philippines (P.D. 1096) and the NBCDO Memorandum Circular No. 04, Series of 2007 Directing All Building Officials to Immediately and Strictly Implement ThereofCIAP Board Resolution No. 13-17 • Mar 27, 2017 • Other Rules and Procedures
- Revised Standards in Processing Business Permits and Licenses in All Cities and MunicipalitiesJoint DTI-DILG-DICT Memorandum Circular No. 01-16 • Aug 30, 2016 • Other Rules and Procedures
- Revised Standards in Processing Business Permits and Licenses in All Cities and MunicipalitiesDILG-DTI-DICT Joint Memorandum Circular No. 01-16 • Aug 30, 2016 • Other Rules and Procedures
- Implementing Rules and Regulations of the National Building Code of the Philippines (PD 1096)IRR of PD 1096 • Implementing Rules and Regulations
- Revised Implementing Rules and Regulations of the National Building Code of the PhilippinesIRR of PD 1096 (Revised) • Oct 29, 2004 • Implementing Rules and Regulations
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