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
Self-Regulation is
only if duly ratified by
Encouraged by Gov’t
the Philippine Senate Laws do not Operate in Isolation but Must Act in
or by the duly
Full Interaction with Other Laws that are in Effect.
________________________________________________________________________________________________________________________________________________________________________________
authorized Executive
CSI: Laws, Rules and Regulations that Govern the Practice
Agents of the State]
by The PRC PRBoA (Ar 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 condominiums, 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 (Ar 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).
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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).
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar Armando N. ALLI, apec ar, PRBoA Acting Chair as Presentor)
PRBoA
Valid & Subsisting Philippine Laws on the POSTCONSTRUCTION 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 constructionrelated disputes, as implemented by the DTI and the CIAP thru the
Construction Industry Arbitration Commission/ CIAC).
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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 (FAs),
they must only be as individuals in possession of a PRCissued 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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.
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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).
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar 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).
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar Armando N. ALLI, apec ar, PRBoA Acting Chair as Presentor)
PRBoA
Thank You
and
a Pleasant Morning
to You All
________________________________________________________________________________________________________________________________________________________________________________
CSI: Laws, Rules and Regulations that Govern the Practice
by The PRC PRBoA (Ar Armando N. ALLI, apec ar, PRBoA Acting Chair as Presentor)