How R.A. No. 9266, its IRR and Derivative Regulations Affect the Practice of Architecture (Pertinent...

How R.A. No. 9266, its IRR and Derivative Regulations Affect the Practice of Architecture

(Pertinent Provisions & Relation to Other Laws)

21 September 2007Convention Hall, Villa del ReyCam Sur Water Sports Complex (CWC)Pili, Camarines Sur

by the Professional Regulatory Board of Architecture (PRBoA)

Archt. Armando N. ALLÍ, fuap, aaifChairman, PRBoA (Resource Person)

PRBoA

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1. Simplified Model of Philippine Laws 1. Simplified Model of Philippine Laws lower thanlower than the 1987 the 1987 Constitution & International Treaties Constitution & International Treaties (in which the Philippine (in which the Philippine Government is a Signatory)Government is a Signatory)

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How R.A. No. 9266, its IRR and Derivative Regulations Affect the Practice of Architecture by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, (Resource Person)

Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.

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2.2. Implementation & Enforcement:Implementation & Enforcement:PRBoA PRBoA ResolutionsResolutions Under Study, Drafted or Under PRC Review Under Study, Drafted or Under PRC Review

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a) architectural documents to be prepared, signed and sealed solely by registered and licensed architects (RLAs);

b) mandatory registration of architectural firms (sole proprietorships under DTI, partnerships, corporations, associations and joint ventures under SEC);

c) creation of an organization to represent architectural firms;d) specialization & classification of registered and licensed architects (RLAs);e) applications for the issuance of temporary/ special permits to foreign architects; f) accreditation of Continuing Professional Development or CPD providers;g) RLAs, clients and media supporters of illegal practitioners chargeable with

the offense of aiding and abetting the practice of an unregistered person; h) creation of an organization for architectural alumni associations; i) full effectivity of the applicable (non-amended/ non-repealed portions of the

1979 ANC/ UAP Documents until the effectivity of the new Standards of Practice);j) declare ALE flunkers, B.S. Architecture undergraduates and the like as illegal

practitioners (if they work without an RLA) .

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3.3. Enforcement of R.A. No. 9266 throughEnforcement of R.A. No. 9266 throughPRBoA PRBoA motu propio Administrative Investigations vs. RLAsmotu propio Administrative Investigations vs. RLAs

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a) Investigation/s against violator-registered and license architects (RLAs) for aiding and abetting the practice of an unregistered person; PRBoA may initially file charge/s, PRC to hear the case, but complainants (with direct personal knowledge of the alleged

violations) & witnesses are needed; b) Investigation/s against violator-RLAs for other major offenses

(willful violations of derivative regulations such as the Code of Ethical Conduct and Standards of Professional Practice, promulgated PRC and PRBoA circulars, resolutions and related issuances ); and

c) Administrative Penalty for adjudged violator-RLAs range from reprimand to suspension or revocation of the license to practice architecture in the Philippines.

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4. Enforcement of R.A. No. 9266 thru PRBoA 4. Enforcement of R.A. No. 9266 thru PRBoA AssistanceAssistance to Complainants vs. Illegal Practitioners to Complainants vs. Illegal Practitioners

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a) assist PRC & private complainant/s in the filing of a criminal case [People of the Philippines (PoP) vs. a CE practicing architecture i.e. which also falls under the classification of illegal practitioner];

b) assist PRC & private complainant/s in the filing of a criminal case [PoP vs. an illegal practitioner/ non-registered and licensed architect (non-RLA)];

c) assist PRC & private complainant/s in the filing of a criminal case (PoP vs. a media entity who regularly promotes illegal practitioners/ non-RLAs despite PRBoA notices); and

d) assist PRC & private complainant/s in filing a criminal case (PoP vs. a client who commissioned an illegal practitioner/ non-RLA despite public PRBoA notices/ advisories).

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55. . Focus on Focus on Architectural SpecializationsArchitectural Specializations (and Subsequent (and Subsequent ClassificationClassification) and their ) and their Integration with CPD ProgramsIntegration with CPD Programs

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a)a) Architectural SpecializationArchitectural Specialization for all Registered and Licensed Architects for all Registered and Licensed Architects or or RLARLAs may be required by both PRC and PRBoA s may be required by both PRC and PRBoA (with the necessary/ (with the necessary/ applicable exemptions);applicable exemptions);

b)b) RLAs to RLAs to utilize the Continuing Professional Development or CPD utilize the Continuing Professional Development or CPD Program to acquire Architectural Specialization/sProgram to acquire Architectural Specialization/s (with theoretical (with theoretical knowledge to be possibly tested in the future);knowledge to be possibly tested in the future);

c)c) Future recommendations of the IAPOA Specialty Councils for granting Future recommendations of the IAPOA Specialty Councils for granting of of PRBoA Architecture Specialization CertificatesPRBoA Architecture Specialization Certificates (with practical knowledge (with practical knowledge to be tested through PRBoA interviews on an absolute need basis);to be tested through PRBoA interviews on an absolute need basis);

d)d) Consider the use of Consider the use of CPD units earned as a possible equivalent leading to CPD units earned as a possible equivalent leading to a formal academic degreea formal academic degree to be granted by local institutions offering to be granted by local institutions offering higher studies in architecture higher studies in architecture (to make the CPD units a doubly valuable tool for (to make the CPD units a doubly valuable tool for self-improvement by each RLA);self-improvement by each RLA); and and

e)e) develop an develop an Architect Classification/ Ranking and Promotion SystemArchitect Classification/ Ranking and Promotion System based on number of Specializations gained based on number of Specializations gained (which can also become the basis (which can also become the basis for the charging of architectural professional fees).for the charging of architectural professional fees).

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6a.6a.Other Laws & Regulations that Other Laws & Regulations that Need to be ConsideredNeed to be Considered in the in the Implementation of R.A. No. 9266 & by Architects in Local Practice)Implementation of R.A. No. 9266 & by Architects in Local Practice)

a) The Implementing Rules and Regulations (IRRs) of R.A. No. 9266, including the Code of Ethical Conduct and Standards of Professional Practice (known as the UAP Docs or ANC);

b) Derivative Regulations such as PRBoA Issuances (resolutions, memorandum circulars, guidelines, interpretations, legal opinions, etc.) under R.A. No. 9266 and those under R.A. 545 of 1950 and R.A. No. 1581 of 1956 (that have not yet been amended nor repealed);

c) R.A. No. 8981/ PRC Modernization Act and other PRC Issuances (resolutions, memorandum circulars, guidelines, interpretations, legal opinions, etc.);

d) Other Professional Laws [particularly R.A. Nos. 544/ 1581 (CEs), R.A. No. 8534 (IDs), P.D. No. 1308 (EnPs)];

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6b.6b.Other Laws & Regulations that Other Laws & Regulations that Need to be ConsideredNeed to be Considered in the in the Implementation of R.A. No. 9266 & by Architects in Local Practice)Implementation of R.A. No. 9266 & by Architects in Local Practice)

e) The New Civil Code of 1954 (particularly Article 1723) on the civil liability of registered & licensed architects (RLAs);

f) The Local Government/ Internal Revenue/ Revised Penal/ Corporate/ Intellectual Property (R.A. No. 8293) Codes and other applicable Codes & IRRs;

g) Building laws: P.D. No. 1096 (National Building Code of the Philippines or NBCP of 1977), its 2004 revised IRR (effective 01 May 2005) and its Referral Codes e.g. B.P. No. 344 (Accessibility for the Disabled), P.D. No. 1185 (Fire Code), Structural Code;

h) Planning laws: P.D. No. 957, B.P. No. 220 and their respective IRRs;

i) Environmental laws: Clean Air Act, Clean Water Act Solid Waste Act, etc. and their respective IRRs;____________________________________________________________________________________________________________________________________________________________________


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6c.6c.Other Laws & Regulations that Other Laws & Regulations that Need to be ConsideredNeed to be Considered in the in the Implementation of R.A. No. 9266 & by Architects in Local Practice)Implementation of R.A. No. 9266 & by Architects in Local Practice)

j) General Agreement on Trade and Services (GATS); reference APEC Architects Registry;

k) R.A. No. 9285 (Alternative Dispute Resolution or ADR Act of 2004) and E.O. No. 1008 (Construction Arbitration Law); calls for ADR modes such as arbitration, medition, conciliation, negotiation, etc. rather than the filing of suits in court;

l) Constructors’ License Law of 1965 (R.A. No. 4566) & IRR; m) LGU ordinances (particularly the Zoning Ordinance, which is

a local law) with specific attention to National, Regional or Provincial Framework/ Land Use Plans (not laws but inputs to local laws);

n) Intellectual Property Code (R.A. No. 8293) & IRR; ando) Procurement Laws (R.A. No. 9184 or the Government

Procurement Reform Act/ GPRA of 2003) & E.O. No. 278.____________________________________________________________________________________________________________________________________________________________________


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7a. Clear Understanding of Who RLAs/ the CEs Are7a. Clear Understanding of Who RLAs/ the CEs Area) the Registered and Licensed Architect (RLA) is the Prime

Professional for a building or site development project; the word Architect comes the Greek word “arkitekton” meaning master builder;

b) the CEs think that they are the Prime Professional and have actually packaged that concept in their 2 bills in Congress which were initially defeated by RLAs/ Architects on 19 January 2005;

c) the CEs think that they can also do the work of Architects and Environmental Planners (EnPs) by virtue of their superior numbers (at +/-106,000 vs. +/-22,200 architects and +/-600 environmental planners); CEs think that their relative omnipresence have made them the market choice to be the Prime Professional for buildings and subdivision/ land development projects; and

d) CEs should do a better job of planning, designing and constructing roads/ civil works/ horizontal infrastructure and not position themselves as architects or site/ physical planners, unless they possess the qualifications.

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7b.7b.Clear Understanding of Who RLAs/ the Illegal Practitioners AreClear Understanding of Who RLAs/ the Illegal Practitioners Are

a) the Registered and Licensed Architect (RLA) submitted themselves to prescriptions of state policy, the illegal practitioners clearly violate the law;

b) RLAs are professionally accountable to the PRBoA and the PRC, the illegal practitioners are not;

c) RLAs have a mandatory civil liability (Art. 1723 of the Civil Code), the illegal practitioners have none;

d) the RLAs submit themselves to a Code of Ethical Conduct and Standards of Practice and a host of other regulations, the illegals do not; and

e) the RLAs are not products of media and illusion, the illegal practitioners are.

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8. 8. What to do as What to do as Registered & Licensed ArchitectsRegistered & Licensed Architects ( (RLARLAs)?s)?a) Be ever vigilant of the concerted moves of other entities in the

construction and development industries e.g. fellow RLA/Architects, fellow professionals particularly CEs, contractors, developers, real estate professionals, etc., which will tend to undermine the gains under R.A. No. 9266;

b) Uphold R.A. No. 9266 by making representations/ lobbying hard in our individual capacities with government officials (who we know) against other professional, construction or development bills/ proposals, IRRs and the like that will allow other unqualified entities to practice the profession of architecture or any of its recognized branches or lines of practice;

c) Instill in Your consciousness the desire and need to constantly advocate the practice and protect the profession. Be ready and

willing to fight for the profession i.e. R.A. No. 9266 may be there to protect us but we must also protect R.A. 9266’s integrity.

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Thank You Thank You and and

a Pleasant Morning a Pleasant Morning to You All!to You All!

___________________________________________________________________________________________________________________________________________________How R.A. No. 9266, its IRR and Derivative Regulations Affect the Practice of Architecture by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, (Resource Person)

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