CSI: Laws, Rules and Regulations that Govern the Practice and as All These Relate to the Full...

CSI: Laws, Rules and RegulationsCSI: Laws, Rules and Regulationsthat Govern the Practice that Govern the Practice

and as All These Relate to the Full Implementation & Enforcement of R.A. No. 9266 (The Architecture Act of 2004), its IRR and Derivative Regulations

28 February 201128 February 2011UAP Area B AssemblyThe Bellevue Hotel, Alabang, Muntinlupa City, MMla, PH

by the PRC Professional Regulatory Board of Architecture (PRBoA)

Ar Armando N. ALLAr Armando N. ALLÍÍ, apec ar, apec arActing Chairman, PRBoA

(Presentor)

PRBoA

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CSI: Laws, Rules and Regulations that Govern the Practice by The PRC PRBoA (Ar Armando N. ALLI, apec ar, PRBoA Acting Chair as Presentor)

PRBoAPRBoA

A Layman’s A Layman’s Appreciation of Appreciation of Philippine Laws and Philippine Laws and RegulationsRegulations

[covering Laws Lower than the Philippine Constitution and Lower Than International Treaties/ Agreements (such as GATS), which may have the power of Law only if duly ratified by the Philippine Senate or by the duly authorized Executive Agents of the State]

Laws do not Operate in Isolation but Must Act in Full Interaction with Other Laws that are in Effect.

The LawThe LawEverything lower than the R.A. are mere Executive Issuances

Laws and Regulations at the Local Government Unit (LGU) Level DO NOT have the same effect as National Laws

Self-Regulation is Encouraged by Gov’t

Valid & Subsisting Philippine Laws on Physical Planning Physical Planning and Land Developmentand Land Development (Master Development Planning, Subdivision Planning, Site Planning, etc.): 1) P.D. No. 957 & its 2001 IRRP.D. No. 957 & its 2001 IRR (governing subdivisions and condo- miniums, as implemented by the HLURB and related agencies);2) B.P. No. 220 & its 2001 IRRB.P. No. 220 & its 2001 IRR (governing socialized housing, as implemented by the HLURB and various agencies); 3) R.A. No. 8289 & its IRRR.A. No. 8289 & its IRR (governing informal settlers, as implemented by various agencies);4) P.D. No. 1308 & its IRRP.D. No. 1308 & its IRR (governing the practice of the regulated profession of environmental planning, as implemented by the PRC and the Professional Regulatory Board of Environmental Planning/ PRBoEP);

5) R.A. No. 9266 & its IRRR.A. No. 9266 & its IRR (governing the practice of the regulated profession of Architecture and site planning, as implemented by the PRC and the Professional Regulatory Board of Architecture/ PRBoA).

PRBoA PRBoA

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Valid & Subsisting Philippine Laws on the Preparation of Preparation of ARCHITECTURALARCHITECTURAL Plans and Designs Plans and Designs (Space/Architectural Plans, Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors):

1) 1) R.A. No. 9266 (The Architecture Act of 2004) & its 2004 IRRR.A. No. 9266 (The Architecture Act of 2004) & its 2004 IRR (governing the practice of the regulated profession of architecture and architectural interiors, as implemented by the PRC and the Professional Regulatory Board of Architecture/ PRBoA);

2) 2) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum site planning, architectural and architectural interior standards to be satisfied in the architectural, engineering and allied planning and design of buildings (structures for human habitation), as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); the 2004 Revised IRR is in full effect.

3) 3) R.A. No. 9514 & its 2009 IRRR.A. No. 9514 & its 2009 IRR (Fire Code of the Philippines, as implemented by the DILG thru the LGU Fire Marshals); and

4) 4) B.P. No. 344 & its IRRB.P. No. 344 & its IRR (Law on Accessibility for Disabled Persons), as implemented by various agencies).

PRBoA PRBoA

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Valid & Subsisting Philippine Laws on the Execution/ Execution/ Implementation Implementation ((CONSTRUCTIONCONSTRUCTION)) of of SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Plans/ Designs Plans/ Designs

1) 1) R.A. No. 4566 : The Contractor’s License Law of 1965 & its IRRR.A. No. 4566 : The Contractor’s License Law of 1965 & its IRR (governing the regulated business of constructing, as implemented by the DTI through its CIAP and PCAB);

2) 2) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum construction standards to be satisfied in the execution of buildings or related structures for access and utilities, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); the Revised IRR is in effect;

3) 3) Various Environmental Laws & IRRsVarious Environmental Laws & IRRs (satisfaction of pre-requisites to Development/ Building Permit issuance by the LGUs )

4) 4) R.A. No. 9184 (The Government Procurement Reform Act of R.A. No. 9184 (The Government Procurement Reform Act of 2003) & its 2004 IRR2003) & its 2004 IRR (in the case of public sector procurement processes, as implemented by the GPPB thru the various agency & LGU BACs).

PRBoA PRBoA

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Valid & Subsisting Philippine Laws on the POST-POST-CONSTRUCTION Activities Relative to CONSTRUCTION Activities Relative to SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Projects Projects

1) 1) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum inspection and building occupancy standards to be satisfied, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); the 2004 Revised IRR is in effect; and

2) R.A. No. 9285 (The Alternative Dispute Resolution Act of R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004), E.O. No. 1008 (The Construction Industry Arbitration Law)2004), E.O. No. 1008 (The Construction Industry Arbitration Law) & their Respective IRRs& their Respective IRRs (for the settlement of consulting or construction- related disputes, as implemented by the DTI and the CIAP thru the Construction Industry Arbitration Commission/ CIAC).

PRBoA PRBoA

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Valid & Subsisting Philippine Laws on ALL PHASES OR ALL PHASES OR STAGES OF ACTIVITY Relative to Any STAGES OF ACTIVITY Relative to Any SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Project Project 1) The Revised Penal Code & its IRR; 1) The Revised Penal Code & its IRR; 2) The New Civil Code 2) The New Civil Code ((19541954)) and its IRR; and its IRR; 3) Tax Laws;3) Tax Laws;4) R.A. No. 7160 4) R.A. No. 7160 ((The Local Government Code of 1991The Local Government Code of 1991));;5) The Various Environmental Laws; 5) The Various Environmental Laws; 6) R.A. No. 8981 6) R.A. No. 8981 ((The PRC Modernization Act of 2000The PRC Modernization Act of 2000)) and its IRR; and its IRR; 7) the Pertinent Professional Regulatory Laws7) the Pertinent Professional Regulatory Laws// PRLs PRLs ((such as R.A. No. 9266 and its 2004 IRRsuch as R.A. No. 9266 and its 2004 IRR)); and; and8) the applicable LGU Ordinances.8) the applicable LGU Ordinances.

PRBoA PRBoA

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What are the Key Provisions of R.A. No. 9266 R.A. No. 9266 ((The The Architecture Act of 2004Architecture Act of 2004)) which are in FullFull Effect Effect? 1) Only Registered and Licensed Architects Registered and Licensed Architects ((RLAsRLAs)) i.e. those holding valid PRC Certificates of Registration and PRC ID cards (licenses) shall prepare, sign and dry seal ARCHITECTURAL DOCUMENTS i.e. architectural plans, designs, drawings, specifications and the i.e. architectural plans, designs, drawings, specifications and the like, to the like, to the TOTAL EXCLUSIONTOTAL EXCLUSION of all other entities, including other regulated professionals such as Civil Engineers (CEs); and

2) Since there is NO TRO, NO INJUNCTION and NO pendingNO TRO, NO INJUNCTION and NO pending question on the constitutionality question on the constitutionality of ANY of the provisions of R.A. No. 9266, ALL national and local government officialsALL national and local government officials, particularly the DPWH Secretary and the LGU Building Officials, must fullymust fully and unconditionally implement (and/or enforce) R.A. No. 9266,and unconditionally implement (and/or enforce) R.A. No. 9266, under pain of severe sanctions.under pain of severe sanctions.

PRBoA PRBoA

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Is an Is an individualindividual’s practice of a ’s practice of a Regulated Profession a RIGHT?Regulated Profession a RIGHT?

NO.NO. It was never a rightnever a right. The practice by an individual of any of the 45 regulated professions under the PRC is a mere PRIVILEGEPRIVILEGE that can be taken away by the state for valid cause/s and only after due process.

PRBoA PRBoA

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Can Professional Firms Practice a Regulated Profession in the Philippines?

NO. Only NO. Only individualsindividuals can lawfully can lawfully practice the regulated professions in practice the regulated professions in the Phils. However, such registered & the Phils. However, such registered & licensed individuals may collectively licensed individuals may collectively engage in engage in group practicegroup practice as a Firm. as a Firm. Some regulated professions such as architecture & environmental planning also require the separate registration with the PRC of such firms.

PRBoA PRBoA

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Can foreign individuals or firms practice a Can foreign individuals or firms practice a Regulated Profession in the Philippines?Regulated Profession in the Philippines?Yes, but only after the satisfaction of many conditions prescribed by law. In the case of foreign architects (FAFAs), they must only be as individuals in possession of a PRC-issued Special/ Temporary PermitSpecial/ Temporary Permit to Practice Architecture to be secured by their Employer or Client. There must also be a counterpartcounterpart Filipino Registered & Licensed Architect (RLA) who shall be professionally responsible to the PRC for the FA’s work and who also shall sign and seal the architectural documents and therefore assume the civil liability prescribed under Article 1723 of the Civil CodeArticle 1723 of the Civil Code.

PRBoA PRBoA

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What Does What Does Article 1723 of the Civil CodeArticle 1723 of the Civil Code Say? Say?That Architects, Engineers and Contractors have separate or joint civil liabilities for the buildings/ structures that they plan, design and erect. There is a prescription period of fifteen (15) years, usually reckoned from time of occupancy. There is also an additional period of ten (10) years from instance of discovery of the design or construction defect, within which the Client can file a civil complaint. Is the Is the Assumption of Civil LiabilityAssumption of Civil Liability Compensated? Compensated?Yes in the case of Architects. About 5% of the Architect’s Fee is for the signing and sealing of the architectural documents ONLYONLY and for the assumption of civil liability for the architectural components of the project ONLYONLY.

PRBoA PRBoA

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Is the Code of Ethics a Is the Code of Ethics a LawLaw??NO, it is not. However, any violation of the Code of Ethics becomes a valid ground for the filing of an Administrative Complaint against a Registered and Licensed Architect (RLA). If adjudged guilty of an etical violation, the RLA may lose both his/her certificate to practice and the license to practice.

PRBoA PRBoA

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Is Advertising Considered a Violation Is Advertising Considered a Violation of the Code of Ethics?of the Code of Ethics?YES, but only if false unsubstantiated or unverifiable claims are made as regards professional capabilities, if one RLA claims another RLA’s work or if the RLA actually misrepresents himself/ herself to mislead/ prejudice other parties, including other RLAs e.g. claim as Contractor.

PRBoA PRBoA

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General Types of Cases Types of Cases Filed for Violations of Valid & Subsisting Philippine Laws such as R.A. 9266R.A. 9266: 1) ADMINISTRATIVEADMINISTRATIVE (where penalties sought against the Respondent/s include the suspension and/or revocation of licenses/permits/accreditation/certification/recognition, etc. issued by any national or local government entity or suspension/removal from office in case of pblic sector entities);2) CRIMINALCRIMINAL (where penalties sought against the Respondent/s include fines payable to the State and imprisonment as provided for under the law/s violated, which may include offenses under the Revised Penal Code); AND3) CIVILCIVIL (where penalties sought against the Respondent/s include the payment for various forms of damages or restitution as provided for or which may include offenses under the New Civil Code).

PRBoA PRBoA

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Who Can Sue and Get Sued Who Can Sue and Get Sued for Violations of Valid & Subsisting Philippine Laws such as R.A. No. 9266R.A. No. 9266??

ALL OF USALL OF US in our natural personsnatural persons/ personal capacities or as part of a juridical entity juridical entity (person created under law) can sue or can be sued. Thus, Registered and Licensed Architects (RLAs) can be and are sued for violation/s of their very own law (R.A. No. 9266).

PRBoA PRBoA

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Thank You Thank You and

a Pleasant Morning to You All

PRBoA

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