the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 1 National Building Code vs. Fire Code

The National Building Code of the Philippines provides that the maximum travel distance from any point of a structure to the nearest egress point are; 60 meters if the building is provided Automatic Fire Suppression System and 45 meters if the building is without AFSS.

Under the Fire Code of the Philippines, the same provision is stated. However, instead of 60 meters and 45 meters, the FCP provides for 61 meters and 46 meters respectively.
There is a clear discrepancy of 1 full meter for each category. Q1. Which of the two laws should prevail over the other and why? Q2. What do you think is the cause of such discrepancy?

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 1

Facilitators Opinion

National Building Code vs. Fire Code

1. The Fire Code was promulgated later than the National Building Code. Every legislated law contains a Repealing Clause stating that all other laws, regulations, and ordinances inconsistent with the subject law is revised, repealed, or amended (superseded).

Therefore
The FIRE CODE should prevail over the Building Code 2. The two laws used different systems of measurement. The NBC using the Systems International while the FCP used the English System and later converted it to metric. 200 feet when converted to metric is 60.9 or 61 meters 150 feet = 45.7 or 46 meters

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 2 DPWH vs. Local Government

It is clearly stated in the National Building Code that the responsibility of enforcing the provisions of the Code is the Secretary of Public Works (DPWH). However, the Local Government Code provides that the Local Government Units are give autonomy to govern over the affairs of their respective jurisdictions. Q1. Who, then, has the authority to appoint the Building Official of a City or Municipality.

Q2. Is there a conflict in the function of the DPWH Secretary and the Mayor in the issuance of Building Permit?

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 2

Facilitators Opinion

DPWH vs. Local Government

1. PHILIPPINE JURISPRUDENCE G.R. No. 84701 June 13, 1990 ARCH. DOMINGO R. TAPAY vs. ELFREN CRUZ, ET AL The SUPREME COURT decided that the administration and enforcement of the provisions of the National Building Code is the primary concern of the national government, the said being vested in the Secretary of Public Works and Highways, (Sec. 201, Code), a national official. Since a building official assigned to a province, city or municipality is the deputy of the Secretary of Public Works and Highways in the enforcement of the provisions of the National Building Code, he is deemed to be a national official no ding that his salary is paid out of local funds.

inclusio unius est exclusio alterius

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 2

Facilitators Opinion

DPWH vs. Local Government

2. There should be no conflict in the functions of the secretary of DPWH and the City Mayor since the issuance of building permit is being done in the city and is being approved by the Secretary, with due consideration to local ordinances and land use regulations.

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 3 OPEN SPACE REQUIREMENTS

The latest revision of the National Building Code of the Philippines provides for minimum requirements for total open space for type A, B, C, D, & J occupancies, as follows: Corner lot = 10% Through lot = 10% Corner-through lot = 5% Corner lot abutting 3 or more streets = 5% Inside lot = 20% Interior lot = 50% End lot = 30 to 50% Q1. If the above figures are minimum requirements, why is there a need for a range from 30 to 50% in the requirement for end lots?

the

brown bauhaus

Archt. MAUNDY FLORENDO Review Facilitator

CASE No. 3

Facilitators Opinion

OPEN SPACE REQUIREMENTS

1. End lots vary in position and form. Its frontage, can be adjusted depending on the designers plan.
PROPERTY LINE PROPERTY LINE

LOT

END LOT

LOT

END LOT

LOT

LOT

Depending on its position and form, the lot can be considered as either an end lot or an interior lot. This may be the basis for determining the open space requirement.