The Supreme Court affirmed that local governments have the autonomy to create separate offices for building officials, distinct from city engineers, to enhance public service. This decision clarifies that while the Local Government Code mandates the appointment of a city engineer who also acts as the local building official, it does not preclude the creation of a separate office for building officials if local circumstances warrant it. This ruling provides local governments with greater flexibility in structuring their administration to meet specific local needs, ensuring more effective and efficient public service delivery. Ultimately, the court underscored that the creation of such offices must comply with existing laws and regulations.

Baguio’s Building Blueprint: Can a City Engineer and Building Official Be Two Separate Roles?

In Leo Bernardez, Jr. v. The City Government of Baguio, et al., the Supreme Court addressed the question of whether a local government can appoint a building official separate from the city engineer. The case originated from Administrative Order (AO) No. 171, issued by the Mayor of Baguio, which designated Engr. Oscar Flores as the Acting Building Official, separate from the City Engineer, Leo Bernardez, Jr. Bernardez contested the validity of AO 171, arguing that it violated the Local Government Code (LGC), which mandates that the city engineer also act as the local building official. The legal issue at the heart of the case was whether the LGC prohibits the appointment of a separate local building official, thus encroaching on the powers and duties of the city engineer.

The petitioner, Bernardez, anchored his argument on Section 477 of the LGC, which states that the appointment of an engineer is mandatory for local governments, and that the city engineer shall also act as the local building official. He contended that AO 171 effectively divested him of his powers and duties as the City Engineer and local Building Official. Conversely, the respondents argued that the LGC does not prohibit the appointment of a separate Building Official, and that such an appointment is within the powers of the local government to ensure efficient public service. They further argued that AO 171 was a valid exercise of the City Mayor’s authority under the LGC, which empowers local governments to create offices necessary for carrying out their functions. The Department of Public Works and Highways (DPWH) also asserted its authority to appoint building officials under the National Building Code (NBC).

The Regional Trial Court (RTC) dismissed Bernardez’s complaint, holding that the validity of the ordinance authorizing AO 171 could not be collaterally attacked. The Court of Appeals (CA) affirmed the RTC’s decision, citing provisions under the LGC and the NBC, which authorize the appointment of a separate building official. The CA emphasized that the functions of the City Engineer and Building Official are distinct and delineated under the NBC. The appellate court also noted that Flores’ appointment was validated by the Civil Service Commission (CSC) and the Department of Budget and Management (DBM). The Supreme Court then took up the case to resolve the legal question of whether AO 171 should be nullified.

In its analysis, the Supreme Court emphasized that the specific issue concerning AO 171 had become moot because Flores was eventually appointed as Department Head of the City Buildings and Architecture Office (CBAO). The court stated,

“[A] case becomes moot and academic when, by virtue of supervening events, there is no more actual controversy between the parties and no useful purpose can be served in passing upon the merits.”

As such, the primary question of whether AO 171 was valid was no longer relevant. However, to provide clarity on the broader legal issue, the Court proceeded to examine whether a local government can validly appoint a local Building Official separate from the City or Municipal Engineer.

The Supreme Court referenced Section 477(a) of the LGC, which mandates that the city engineer shall also act as the local building official. However, the Court also cited other pertinent provisions of the LGC that empower local government units to design their organizational structure, create staffing patterns, and establish offices necessary to carry out their functions. Specifically, Section 454(c) of the LGC allows the Sangguniang Panlungsod to create such other offices as may be necessary to carry out the purposes of the city government. Furthermore, the Court highlighted Rule II, Section 203 of the Implementing Rules and Regulations (IRR) of the NBC, which grants the Secretary of DPWH the power to appoint a Building Official separate and distinct from the Office of the City/Municipal Engineers in all Cities and Municipalities.

Building on these legal provisions, the Supreme Court held that the creation of the CBAO and the appointment of a separate Building Official were within the legislative discretion of the City Government of Baguio. This discretion aligns with the city’s aim to enhance the delivery of public service. The Court also recognized that numerous highly urbanized cities have established separate offices for city building officials due to the operational demands of having one person concurrently serve as both City Engineer and Building Official. The court contrasted the responsibilities of the City Engineer and the Building Official, noting that the City Engineer handles infrastructure and public works within the local government unit, while the Building Official is responsible for enforcing the NBC and ensuring compliance with its requirements. Thus, the court noted:

Applying the foregoing principles to the case at bench, this Court holds that while city or municipal engineers shall also act as local building officials of their respective cities or municipalities, it is still within the legislative discretion of city or municipal governments to create and organize the office of the local Building Official separate and distinct from the Office of the City Engineer pursuant to and in accordance with the provisions and limitations set by law, particularly the LGC and NBC, including their respective IRRs.

The Supreme Court emphasized the need to harmonize the provisions of the LGC and the NBC. While the LGC mandates that the city engineer also act as the local building official, the NBC and its IRR allow for the appointment of a separate building official, particularly in highly urbanized areas where the demands on both roles are substantial. This harmonization ensures that local governments have the flexibility to structure their administration in a way that best serves the needs of their constituents, while also complying with the legal framework established by national laws.

Furthermore, the Court referenced the case of Tapay v. Cruz, which affirmed the authority of the Secretary of Public Works and Highways to appoint Building Officials. This authority is derived from the Secretary’s power to enforce and administer the NBC. The Court reiterated that the enforcement of the NBC is a national concern, and the Building Official, as the deputy of the Secretary of Public Works and Highways, is considered a national official, even if their salary is paid out of local funds. The decision solidifies the principle that local governments must balance their autonomy with the need to adhere to national laws and regulations.

FAQs

What was the key issue in this case?	The key issue was whether a local government unit can appoint a building official separate from the city engineer, considering Section 477 of the Local Government Code. The petitioner argued that the Local Government Code mandates that the City Engineer also acts as the Local Building Official.
What was Administrative Order No. 171?	Administrative Order No. 171 was an order issued by the Mayor of Baguio City, designating Engr. Oscar Flores as the Acting Building Official, separate from the City Engineer. This order led to the legal challenge questioning its validity under the Local Government Code.
What is the role of the City Engineer according to the Local Government Code?	According to the Local Government Code, the City Engineer is responsible for infrastructure, public works, and engineering matters within a local government unit. Additionally, Section 477 of the Local Government Code states that the City Engineer shall also act as the Local Building Official.
What is the role of the Building Official according to the National Building Code?	The Building Official is responsible for enforcing the provisions of the National Building Code. This includes issuing building permits and ensuring compliance with the requirements of the National Building Code.
Did the Supreme Court rule AO 171 as valid?	The Supreme Court did not directly rule on the validity of AO 171 because the issue became moot. By the time the case reached the Supreme Court, the individual designated in AO 171 had already been appointed to a permanent position.
What is the significance of the Tapay v. Cruz case in this context?	Tapay v. Cruz affirmed the authority of the Secretary of Public Works and Highways to appoint Building Officials. This case supports the idea that the enforcement of the National Building Code is a national concern, allowing for national oversight in the appointment of building officials.
Can a city create an office for the Building Official that is separate from the City Engineer?	Yes, the Supreme Court clarified that while the Local Government Code mandates that the City Engineer also act as the Building Official, it does not prevent the city from creating a separate office for the Building Official. This aligns with the city’s legislative discretion to enhance public service delivery.
What is the relationship between the Local Government Code and the National Building Code in this issue?	The Supreme Court emphasized the need to harmonize the Local Government Code and the National Building Code. While the Local Government Code mandates the City Engineer to also act as the Building Official, the National Building Code allows for the appointment of a separate Building Official, offering local governments flexibility in structuring their administration.

This ruling clarifies the roles and responsibilities of local government units in structuring their administrative offices, providing a framework for balancing local autonomy with national standards. It enables local governments to adapt their administrative structure to best serve the needs of their communities. This structured approach ensures compliance with legal standards while addressing the practical demands of local governance.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: LEO BERNARDEZ, JR. VS. THE CITY GOVERNMENT OF BAGUIO, G.R. No. 197559, March 21, 2022

In Leo Bernardez, Jr. v. The City Government of Baguio, et al., the Supreme Court addressed the validity of an administrative order designating an acting building official separate from the city engineer. The Court ruled that such an appointment is permissible under the Local Government Code and the National Building Code, emphasizing the local government’s power to structure its offices for efficient service. The decision affirms the authority of local governments to create offices and appoint officials as necessary to fulfill their functions, provided it aligns with existing laws and regulations. This highlights the balance between mandated roles and the flexibility local governments need to manage their affairs effectively.

Baguio’s Building Official: Can a City Engineer’s Duties Be Divided?

The case arose from Administrative Order No. 171 (AO 171) issued by the Mayor of Baguio, designating Engineer Oscar Flores as the acting Building Official, a role previously held by the City Engineer, Leo Bernardez, Jr. Bernardez contested AO 171, arguing it violated the Local Government Code (LGC), which mandates that the city engineer also serve as the local building official. He claimed the order unlawfully divested him of his powers and undermined his security of tenure. The City Government countered that AO 171 was a valid exercise of its restructuring powers under the LGC and the National Building Code (NBC). This dispute thus centered on the interplay between national mandates and local autonomy in structuring local government offices.

The Regional Trial Court (RTC) dismissed Bernardez’s complaint, a decision affirmed by the Court of Appeals (CA). Both courts found AO 171 to be a valid exercise of the city mayor’s authority to reorganize local departments. The CA further emphasized that the functions of the Building Official and City Engineer were distinct and that the appointment of a separate Building Official was authorized, especially given the NBC’s implementing rules and regulations (IRR). Bernardez then elevated the case to the Supreme Court, continuing to argue that the LGC did not allow for a separate appointment.

The Supreme Court began its analysis by noting that the specific issue concerning AO 171 had become moot because Flores was later appointed as Department Head of the City Buildings and Architecture Office (CBAO). Since AO 171 designated Flores as only an *acting* official, its purpose was fulfilled and the order was no longer operative. The court cited the principle that courts should not decide moot cases, as there is no longer an actual controversy to resolve.

Despite the mootness, the Court addressed the broader controversy: whether a local government could appoint a building official separate from the city engineer. To address this, the Supreme Court turned to the relevant provisions of the Local Government Code, specifically Section 477, which states:

ARTICLE VII
The Engineer

Section 477. Qualifications, Powers and Duties.

x x x x

The appointment of an engineer shall be mandatory for the provincial, city and municipal governments. The city and municipal engineer shall also act as the local building official.

x x x x

Bernardez interpreted this provision as an absolute mandate, arguing that the LGC permitted only one individual, the City Engineer, to hold both positions. The Court, however, disagreed, noting that the LGC also grants local government units (LGUs) broad powers to organize their offices for efficient governance. Section 18 of the LGC provides that LGUs have the power to establish organizations responsible for implementing development plans. Furthermore, Section 76 allows LGUs to design their organizational structure and staffing patterns, considering their service requirements and financial capabilities.

Building on these principles, the Court highlighted Section 454 of the LGC, which empowers the Sangguniang Panlungsod (city council) to create offices necessary to carry out the purposes of the city government or to consolidate functions for efficiency and economy. These provisions, read together, indicate that while the City Engineer typically acts as the Building Official, the city council has the authority to create a separate office if it deems necessary for effective governance. The Supreme Court stated:

Clearly, from the foregoing provisions, the LGC itself empowers City Governments to implement an organizational structure and create staffing patterns for the effective management and administration of their respective offices. Along the same lines, the LGC also empowers the Sanguniang Panlungsod to create, through local ordinances, other offices or consolidate the functions of any office with those of another in the interest of efficiency and economy.

The Court also considered the IRR of the NBC, which supports the appointment of a separate Building Official. Specifically, Section 203 of the IRR states that the Secretary of Public Works and Highways can appoint a Building Official separate and distinct from the City/Municipal Engineer’s office in all cities and municipalities. This provision, the Court noted, aligns with the LGC’s grant of organizational autonomy to LGUs.

The Court acknowledged that many highly urbanized cities, such as Manila, Quezon City, and Davao, have already established separate offices for their Building Officials, recognizing the operational difficulties of combining the roles of City Engineer and Building Official in a single person. This acknowledgment underscores the practical considerations that drive local governments to adopt different organizational structures.

The Court further clarified the distinct roles of the City Engineer and the Building Official by comparing their respective duties. The Building Official, under Section 207 of the IRR of the NBC, is primarily responsible for enforcing the provisions of the NBC, issuing building permits, and ensuring compliance with building regulations. In contrast, the City Engineer, under Section 477 of the LGC, is responsible for infrastructure, public works, and engineering matters within the local government unit. Therefore, the Supreme Court emphasized that the duties of a local Building Official are:

responsible for the enforcement of the provisions of the NBC. As such, he is responsible for issuing building permits and ensuring compliance with the requirements of the NBC. Moreover, the Building Official is subject to the supervision and control of the national authority, in this case, the Secretary of DPWH. On the other hand, the City Engineer is responsible for the infrastructure, public works, and engineering matters within a local government unit.

Given these distinct roles, the Court concluded that it is permissible for local governments to separate the two positions to enhance efficiency and effectiveness in local governance. The Supreme Court also reaffirmed the authority of the Secretary of Public Works and Highways to appoint Building Officials, citing its earlier decision in Tapay v. Cruz, which recognized this authority as a corollary to the power to enforce and administer the NBC. The Court stated that harmonizing seemingly conflicting laws is essential, and only when this is impossible should a choice be made as to which law to apply.

FAQs

What was the key issue in this case?	The central issue was whether a city government could appoint a building official separate from the city engineer, despite the Local Government Code stating that the city engineer shall also act as the local building official. The petitioner argued that the administrative order violated the Local Government Code.
What did the Supreme Court rule?	The Supreme Court ruled that such an appointment is permissible, affirming the local government’s power to structure its offices for efficient service. It emphasized that the Local Government Code grants local governments the flexibility to create offices as necessary.
What is Administrative Order No. 171?	Administrative Order No. 171 is an order issued by the Mayor of Baguio designating Engineer Oscar Flores as the acting Building Official of the city. It was the focal point of the legal dispute, as the petitioner argued it was invalid.
Why did the Supreme Court consider the issue of AO 171 moot?	The issue of AO 171 was considered moot because Engineer Flores was later appointed as the permanent Department Head of the City Buildings and Architecture Office. This appointment superseded the temporary designation under AO 171, thus removing the controversy.
What is the role of the City Engineer?	The City Engineer is responsible for infrastructure, public works, and engineering matters within the local government unit. Their duties include planning, coordinating, and supervising construction and maintenance projects.
What is the role of the Building Official?	The Building Official is responsible for enforcing the provisions of the National Building Code, issuing building permits, and ensuring compliance with building regulations. They also conduct inspections and maintain records of building status.
What legal provisions support the separation of the Building Official role from the City Engineer?	The Local Government Code provides local governments with the power to structure their offices for efficient service. Section 203 of the IRR of the National Building Code also allows the Secretary of Public Works and Highways to appoint a Building Official separate from the City Engineer.
Can the Secretary of the DPWH appoint Building Officials?	Yes, the Supreme Court has recognized the authority of the Secretary of Public Works and Highways to appoint Building Officials. This authority is derived from the power to enforce and administer the National Building Code.

In conclusion, the Supreme Court’s decision reinforces the principle of local autonomy in organizational structuring, allowing local governments to adapt their administrative frameworks to meet their specific needs and challenges. While the Local Government Code mandates that the City Engineer also act as the local Building Official, the ruling clarifies that this does not preclude the creation of a separate Building Official position when necessary for efficient governance, as it is within the legislative discretion of city or municipal governments to create and organize the office of the local Building Official. The decision balances national mandates with the practical realities of local governance, ensuring that local governments have the flexibility to serve their constituents effectively.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Leo Bernardez, Jr. v. The City Government of Baguio, G.R. No. 197559, March 21, 2022