After two decades, the Supreme Court has finally ruled that only duly licensed and registered architects are authorized to prepare, sign, and seal architectural plans and documents.
This landmark decision is a significant victory for the architectural profession, as it mandates the implementation of architectural permits nationwide by all Offices of the Building Official (OBOs), including local government units (LGUs). The ruling is immediately executory, reinforcing the legal distinction between architectural and engineering responsibilities in the construction industry.
As a result, the Supreme Court’s decision supersedes the Department of Public Works and Highways (DPWH) National Building Code Development Office (NBCDO) Memorandum Circular No. 2, series of 2009, which previously allowed either a registered architect or a civil engineer to sign and seal architectural documents for building permit applications. Moving forward, only licensed architects are authorized to take on this responsibility.
Impact on the Property Sector
The ruling strengthens the role of architects in leading architectural site development plans for all vertical structures and built environments. It reaffirms the importance of architectural expertise in ensuring that developments are not only aesthetically appealing but also functional, sustainable, and responsive to human needs.
DPWH and Government Agencies Implement Supreme Court Ruling
To enforce the Supreme Court’s decision, the DPWH has issued NBCDO Memorandum Circular No. 1, series of 2025, dated February 7, 2025, signed by Secretary Manuel B. Bonoan. This circular mandates compliance with Sections 302.3 and 302.4 of the National Building Code of the Philippines and its Revised Implementing Rules and Regulations (IRR) in relation to Supreme Court cases G.R. Nos. 200015 and 205648.
It instructs all Building Officials and Acting Building Officials to implement the ruling without exception. Other key government agencies, including the Department of the Interior and Local Government (DILG), Professional Regulation Commission (PRC), Department of Justice (DOJ), Philippine Economic Zone Authority (PEZA), and LGUs, are now aligning their policies accordingly.
Highly urbanized cities such as Cebu, Davao, and Iloilo have already taken the lead in enforcing the DPWH NBCDO memorandum, setting a precedent for compliance nationwide.
Arch. Benjamin K. Panganiban, Jr. is a past National President of the United Architects of the Philippines (UAP) and the first UAP president from Mindanao. With over 39 years of private practice, he is a Fellow of the UAP, the first ASEAN and APEC architect from Davao City, and a Doctor Fellow of the Royal Institute of Architects Singapore. He holds a Bachelor of Science in Architecture from the University of Mindanao and has received recognition from the European Business Assembly.
For property developers, this decision allows for greater focus on project success, driven by:
- Innovative design solutions that enhance project value.
- Marketability and competitive real estate pricing through architect-led planning.
- Sustainable and green architecture, ensuring long-term environmental and economic benefits.
- Maximized property potential with efficient functionality, spatial relationships, and regulatory incentives.
A well-designed property is not only visually attractive but also enhances usability, efficiency, and financial viability. Architects play a key role in enhancing the total value of a property, making it more appealing to buyers and investors through proper spatial planning and functional design.
Clearer Roles and Responsibilities
This ruling provides clear guidelines for technical professionals, developers, homeowners, and contractors regarding the scope of architectural services. It establishes that:
- Architectural plans must be prepared and signed by architects.
- Other technical disciplines remain the responsibility of allied professionals.
This distinction ensures that vertical structures are handled by the right professionals, improving the quality and safety of developments nationwide.
