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Court of Appeals: Republic of The Philippines Manila T D
Court of Appeals: Republic of The Philippines Manila T D
Court of Appeals
Manila
THIRTEENTH DIVISION
DECISION
QUIJANO-PADILLA, J.:
Facts Antecedents
On April 28, 2005, the PSSEI filed before the RTC, Manila, a
Petition4 for Injunction and Declaratory Relief, which sought to
enjoin the Secretary of DPWH from implementing certain
provisions of the new IRR-NBC, premised on the following
grounds, viz: 1) that the new IRR-NBC is unconstitutional as it
deprived sanitary engineers from practicing their profession
without due process. Section 302 (3g) of the IRR-NBC requires that
only master plumbers may prepare, sign, and seal “plumbing
documents”. Section 302 (9) of the IRR-NBC, in turn, provides that
“plumbing documents” shall cover “all plumbing installations,
additions and/or alterations involving hot and cold water supply,
fixtures, sewage drainage and vent system, storm drainage and
sewerage system within or adjacent to the building.” Such
“plumbing documents” are separate and distinct from “sanitary
new IRR-NBC, specifically Sections 302 (3g) and 302 (9), merely
clarified the provisions of Section 2 of RA No. 1378 or the Plumbing
Law and the pertinent provisions of the Revised National Plumbing
Code of the Philippines, thus, providing a set of “plumbing
documents” as required in applying for ancillary permit in
connection with a building construction, as distinguished to
“sanitary documents” specified and described in Section 308(8) of
the new IRR-NBC.8
No pronouncements as to costs.
SO ORDERED.
1.
2.
I.
II.
III.
The issues before us rest upon the legality of Sections 301 (2a),
302 (3g), 302 (9) and 303 (8) of the Implementing Rules and
Regulations of the National Building Code; and whether there is
usurpation of powers by the Secretary of DPWH in the issuance of
the IRR-NBC.
Our Ruling
SO ORDERED.
Original Signed
MA. LUISA C. QUIJANO-PADILLA
Associate Justice
WE CONCUR:
CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, it is
hereby certified that the conclusions in the above decision were
reached in consultation before the case was assigned to the writer of
the opinion of the Court.
Original Signed
NORMANDIE B. PIZARRO
Chairperson, Thirteenth Division