CSI: Laws, Rules and Regulations that Govern the Practice

Transcript CSI: Laws, Rules and Regulations that Govern the Practice

PRBoA

CSI: Laws, Rules and Regulations 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 2011 UAP Area B Assembly The Bellevue Hotel, Alabang, Muntinlupa City, MMla, PH

by the

PRC Professional Regulatory Board of Architecture (PRBoA)

Ar Armando N. ALLÍ

, apec ar

Acting Chairman, PRBoA

(Presentor)

PRBoA

A Layman’s Appreciation of Philippine Laws and Regulations

The Law Everything 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

[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]

Self-Regulation is Encouraged by Gov’t Laws do not Operate in Isolation but Must Act in Full Interaction with Other Laws that are in Effect.

CSI: Laws, Rules and Regulations that Govern the Practice

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Valid & Subsisting Philippine Laws on Physical Planning and Land Development

(Master Development Planning, Subdivision Planning, Site Planning, etc.):

1) P.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 IRR

(governing socialized housing, as implemented by the HLURB and various agencies);

3) R.A. No. 8289 & its IRR

(governing informal settlers, as implemented by various agencies);

4) P.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 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).

________________________________________________________________________________________________________________________________________________________________________________ CSI: Laws, Rules and Regulations that Govern the Practice

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Valid & Subsisting Philippine Laws on the Preparation of ARCHITECTURAL Plans and Designs

(Space/Architectural Plans,

Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors): 1) R.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) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ 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) R.A. No. 9514 & its 2009 IRR (Fire Code of the Philippines, as implemented by the DILG thru the LGU Fire Marshals); and 4) B.P. No. 344 & its IRR (Law on Accessibility for Disabled Persons), as implemented by various agencies).

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Valid & Subsisting Philippine Laws on the Execution/

Implementation (CONSTRUCTION) of SUBDIVISION or

BUILDING Plans/ Designs 1) R.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) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ 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) Various Environmental Laws & IRRs

(satisfaction of pre-requisites to Development/ Building Permit issuance by the LGUs )

4) R.A. No. 9184 (The Government Procurement Reform Act of 2003) & its 2004 IRR

(in the case of public sector procurement processes, as implemented by the GPPB thru the various agency & LGU BACs).

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Valid & Subsisting Philippine Laws on the POST CONSTRUCTION Activities Relative to SUBDIVISION or BUILDING Projects 1) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ 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 2004), E.O. No. 1008 (The Construction Industry Arbitration Law) & 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).

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Valid & Subsisting Philippine Laws on ALL PHASES OR STAGES OF ACTIVITY Relative to Any SUBDIVISION or BUILDING Project 1) The Revised Penal Code & its IRR;

2) The New Civil Code (1954) and its IRR;

3) Tax Laws;

4) R.A. No. 7160 (The Local Government Code of 1991);

5) The Various Environmental Laws;

6) R.A. No. 8981 (The PRC Modernization Act of 2000)

and its IRR;

7) the Pertinent Professional Regulatory Laws/ PRLs (such as R.A. No. 9266 and its 2004 IRR); and

8) the applicable LGU Ordinances.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

What are the Key Provisions of

R.A. No. 9266 (The Architecture Act of 2004)

which are in Full Effect ?

1) Only

Registered and Licensed Architects (RLAs)

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 like, to the TOTAL 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 pending question on the constitutionality of ANY of the provisions of R.A. No. 9266, ALL national and local government officials , particularly the DPWH Secretary and the LGU Building Officials, must fully and unconditionally implement (and/or enforce) R.A. No. 9266, under pain of severe sanctions.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

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

NO.

It was never a right . The practice by an individual of any of the 45 regulated professions under the PRC is a mere PRIVILEGE that can be taken away by the state for valid cause/s and only after due process.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Can Professional Firms Practice a Regulated Profession in the Philippines?

NO. Only individuals can lawfully practice the regulated professions in the Phils. However, such registered & licensed individuals may collectively engage in group practice as a Firm.

Some regulated professions such as architecture & environmental planning also require the separate registration with the PRC of such firms.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Can foreign individuals or firms practice a Regulated Profession in the Philippines?

Yes, but only after the satisfaction of many conditions

prescribed by law. In the case of foreign architects (

s),

they must only be as individuals in possession of a PRC issued Special/ Temporary Permit to Practice Architecture to be secured by their Employer or Client. There must also be a counterpart 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 Code .

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

What Does Article 1723 of the Civil Code 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 Assumption of Civil Liability Compensated?

Yes in the case of Architects. About 5% of the Architect’s Fee is for the signing and sealing of the architectural documents ONLY and for the assumption of civil liability for the architectural components of the project ONLY .

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Is the Code of Ethics a Law?

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.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Is Advertising Considered a Violation 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.

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

General Types of Cases Filed for Violations of Valid & Subsisting Philippine Laws such as R.A. 9266 : 1) ADMINISTRATIVE

(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) CRIMINAL

(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); AND

3) CIVIL

(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).

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

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

ALL OF US in our natural persons

personal capacities or as part of a 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).

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

PRBoA

Thank You

and a Pleasant Morning to You All

by The PRC PRBoA (

Armando N. ALLI

apec ar, PRBoA Acting Chair as Presentor)

CSI: Laws, Rules and Regulations that Govern the Practice

Transcript CSI: Laws, Rules and Regulations that Govern the Practice

CSI: Laws, Rules and Regulations that Govern the Practice

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

NO.

It was never a right . The practice by an individual of any of the 45 regulated professions under the PRC is a mere PRIVILEGE that can be taken away by the state for valid cause/s and only after due process.

Can Professional Firms Practice a Regulated Profession in the Philippines?

NO. Only individuals can lawfully practice the regulated professions in the Phils. However, such registered & licensed individuals may collectively engage in group practice as a Firm.

Is the Code of Ethics a Law?

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.

Is Advertising Considered a Violation 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.

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

ALL OF US in our natural persons

personal capacities or as part of a juridical entity

(person created under law)

can sue or can be sued.

Thank You

and a Pleasant Morning to You All

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