The Philippines Department of Justice (DOJ) has approved the Department of Public Works and Highways (DPWH) addition of green-building regulations in the National Building Code of the Philippines (NBCP).
In a nine-page legal opinion, Justice Secretary Leila de Lima said the power of the DPWH to issue implementing rules and regulations (IRR) for the effective implementation of the provisions of the NBCP under Presidential Decree 1096 includes the power to amend or revise the same under the doctrine of necessary implications, according to a report in the Business Monitor .
However, de Lima reminded the DPWH that any amendment or revision of the IRR of the NBCP, including the green-building regulations, must not go beyond and contradict the purposes and standards prescribed by the law.
Besides amending the NBCP’s IRR and existing referral codes, the DOJ said the DPWH may also craft a separate referral code, to be known as Green Building Code, in order to expedite the adoption of the green-building regulation.
On the issue of whether compliance to the green-building regulation should be made mandatory or directory, the DOJ noted that Section 102 of the NBCP mandates the government to “safeguard life, health, property, and public welfare, consistent with the principle of sound environmental management and controls.”
The county’s Green Building Code follows the LEED (Leadership in Energy and Environmental Design) certification standard.
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