More 2012 PRBoA Clarifications (24 August 2012)
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I. Query/ Concern
II. PRBoA 2012 Clarification/ Response/ Position
A. On Matters Pertaining to R.A. No. 9266 (The Architecture Act of 2004), Its
Mandated Compliances and Its Mandated Implementation and Enforcement by All
Government Officials (National and Local)
Legend : ………... Provisions pertaining to Architectural practice and limitations
………….Provisions pertaining to Architectural Documents
………… Penal Provisions for violations of R.A. No. 9266
1. What is the January 2012 The January 2012 Court of Appeals (CA) decision is about Secs. 302.3
Court of Appeals (CA) and 302.4 of the 2004 Revised Implementing Rules and Regulations/ IRR
Decision all about?
(i.e. portions of a mere executive issuance which is not a law) of P.D.
No. 1096 (1977 NBCP, which is a law). The CA decision is not about
R.A. No. 9266 (a law).
What is the status of the There is a Motion for Reconsideration (MR) on the January 2012 CA
January 2012 Court of decision filed by the United Architects of the Philippines (UAP). That MR
Appeals (CA) Decision is still pending i.e. no CA ruling as of August 2012.
that
allowed
civil
engineers (CEs) to sign
and seal architectural
documents?
Is that CA Decision final Since a Motion for Reconsideration (MR) on the CA decision, filed by the
and executory?
United Architects of the Philippines (UAP) is still pending, the CA
decision is neither final nor executory.
If the CA decision is not
yet final nor executory,
then what should be the
situation at the present
time?
The CA decision cannot (and should not) yet be implemented by the
DPWH nor by the LGU Office of the Building Official (OBO), particularly
since it is neither final nor executory and since it apparently violates a law
that is in full effect since 10 April 2004 i.e. R.A. No. 9266.
What will happen after the The matter shall be automatically elevated to the Supreme Court (SC),
CA decides on the Motion where the DPWH petition (on the same case) is apparently now at.
for Reconsideration (MR)
filed by the United
Architects
of
the
Philippines (UAP)?
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Does the CA decision The January 2012 CA decision does not amend the provisions of a valid
amend R.A. No. 9266?
and subsisting law (such as R.A. No. 9266, in full effect since 10 April
2004).
2. What is the standing and
status of Secs. 302.3 and
302.4 of P.D. No. 9266
(the
1977
National
Building Code of the
Philippines/ NBCP)?
Secs. 302.3 and 302.4 of P.D. No. 9266 (the 1977 National Building Code
of the Philippines/ NBCP) are portions of a mere executive issuance
promulgated in late 2004 by the DPWH Secretary.
Secs. 302.3 and 302.4 of P.D. No. 9266 (the 1977 NBCP) are not laws
but mere tools to aid in the implementation and enforcement of a law.
Are Secs. 302.3 and Absolutely not. Executive issuances such as Secs. 302.3 and 302.4 of
302.4 of P.D. No. 9266 P.D. No. 9266 (the 1977 NBCP) are not laws. Mere executive issuances
higher than R.A. No. can never be higher than a valid and subsisting law such as R.A. No.
9266?
9266.
3. What is the status of R.A. R.A. No. 9266 is in full effect i.e. there is NO temporary restraining order
No. 9266?
(TRO), NO preliminary or permanent injunction, NO Court Order and NO
pending constitutional question on ANY of its provisions, the law (R.A.
No. 9266) must be fully implemented and enforced by the
Government, particularly in respect to its express limitation as to which
State-regulated professional can lawfully prepare, sign and seal
architectural documents.
R.A. No. 9266, is the special law on the practice of the State-regulated
profession of architecture in the Philippines and covers all buildings on
Philippine soil.
Arent all Government
officials mandated under
R.A. No. 9266 to
implement and enforce
R.A. No. 9266?
Absolutely (reference highlighted portions of the pertinent provisions
under R.A. No. 9266).
SECTION 20. Seal, Issuance and Use of Seal. - A duly licensed
architect shall affix the seal prescribed by the Board bearing the
registrant's name, registration number and title "Architect" on all
architectural plans, drawings, specifications and all other contract
documents prepared by or under his/her direct supervision. xxx
(2) No officer or employee of this Republic, chartered cities,
provinces and municipalities, now or hereafter charged with the
enforcement of law, ordinances or regulations relating to the
construction or alteration of buildings, shall accept or approve
any architectural plans or specifications which have not been
prepared and submitted in full accord with all the provisions of
this Act; nor shall any payments be approved by any such officer
for any work, the plans and specifications for which have not
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been so prepared and signed and sealed by the author.
SECTION 32. Signing of Architectural Plans, Specifications and
Other Contract Documents. – xxx it shall be unlawful for any person,
except the Architect-of record to sign for any branch of the work, or
any function or architectural practice, not actually performed by
him/ her. The Architect-of record shall be fully responsible for all
architectural plans, specifications, and other documents issued under
his/her seal or authorized signature.
The Board shall make all the necessary rules and regulations with regards
to the signing and sealing of drawings, specifications, reports, and other
documents.
SECTION 34. Non-Registered Person Shall Not Claim Equivalent
Service. - Persons not registered as an architect shall not claim nor
represent either services or work as equivalent to those of a duly
qualified registered architect, or that they are qualified for any branch or
functions of function of architectural practice, even though no form of the
title "Architect" is used.
SECTION 34. Non-Registered Person Shall Not Claim Equivalent
Service. - Persons not registered as an architect shall not claim nor
represent either services or work as equivalent to those of a duly
qualified registered architect, or that they are qualified for any branch or
functions of function of architectural practice, even though no form of the
title "Architect" is used.
SECTION 44. Enforcement of the Act. - It shall be the primary duty of
the Commission and the Board to effectively enforce the provision
of this Act. All duly constituted law enforcement agencies and
officers of national, provincial, city or municipal government or of
any political subdivision thereof, shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the
provisions of this Act and to prosecute any person violating the
provisions of the same. The Secretary of Justice or his duly designated
representative shall act as legal adviser to the Commission and the
Board and shall render legal assistance as may be necessary in carrying
out the provisions of this Act.
Any person may bring before the Commission, Board or the
aforementioned officers of the law, cases of illegal practice or
violations of this Act committed by any person or party.
The Board shall assist the Commission, Board or the aforementioned
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officers of the law, cases of illegal practice or violations of this Act
committed by any person or party.
The Board shall assist the Commission in filing the appropriate
charges through the concerned prosecution office in accordance
with law and the Rules of Court.
If a Government official Absolutely, under the pertinent provisions of R.A. No. 3019 (Anti-graft
deliberately refuses to law) and under R.A. No. 6713 (Code of Conduct of Government Officials)
follow (implement and and even under Secs. 20 (2) and 44 of R.A. No. 9266 itself.
enforce) the law (such as
R.A. No. 9266), isn’t
he/she liable for charges
of graft and corruption?
When is there graft There is graft when a Government official unduly/ unlawfully extends/
committed
by
a favors/ supports one party over another e.g. CEs over Architects,
Government official?
particularly when in violation of laws (such as R.A. No. 9266) which the
Government official has sworn to uphold or is actually mandated to
implement and enforce (reference Secs. 20 (2) and 44 of R.A. No. 9266).
Are there other liabilities Absolutely. There are criminal and civil liabilities aside from other
being incurred by these administrative and special complaints that could be filed against
Government officials with Government officials who continue to defy R.A. No. 9266.
their continued defiance
of R.A. No. 9266?
4. Aside from R.A. No.
9266, is there any other
Philippine
law
that
expressly states who can
prepare, sign and seal
architectural
documents?
Absolutely none. Other than R.A. No. 9266, which is the special law on
the practice of the State-regulated profession of architecture in the
Philippines and which covers all buildings on Philippine soil, there is no
other Philippine law that expressly states who can prepare, sign and seal
architectural documents.
5. Can
an
ADMINISTRATIVE
COMPLAINT be filed
directly against an LGU
Acting Building Official
who continues to accept,
process and approve
architectural documents
prepared/ signed/ sealed
by civil engineers (CEs) in
Absolutely (reference highlighted portions of the pertinent provisions
under R.A. No. 9266).
SECTION 20. Seal, Issuance and Use of Seal. - A duly licensed
architect shall affix the seal prescribed by the Board bearing the
registrant's name, registration number and title "Architect" on all
architectural plans, drawings, specifications and all other contract
documents prepared by or under his/her direct supervision. xxx
(2) No officer or employee of this Republic, chartered cities,
provinces and municipalities, now or hereafter charged with the
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willful violation of the
multiple provisions under
R.A. No. 9266 (a valid
and subsisting law i.e. in
full effect since 10 April
2004) that limit to
registered and licensed
architects (RLAs) the
professional privilege of
preparing, signing and
sealing
architectural
documents?
enforcement of law, ordinances or regulations relating to the
construction or alteration of buildings, shall accept or approve
any architectural plans or specifications which have not been
prepared and submitted in full accord with all the provisions of
this Act; nor shall any payments be approved by any such officer
for any work, the plans and specifications for which have not
been so prepared and signed and sealed by the author.
SECTION 32. Signing of Architectural Plans, Specifications and
Other Contract Documents. - xxx it shall be unlawful for any person,
except the Architect-of record to sign for any branch of the work, or
any function or architectural practice, not actually performed by
him/ her. The Architect-of record shall be fully responsible for all
architectural plans, specifications, and other documents issued under
his/her seal or authorized signature.
The Board shall make all the necessary rules and regulations with regards
to the signing and sealing of drawings, specifications, reports, and other
documents.
SECTION 34. Non-Registered Person Shall Not Claim Equivalent
Service. - Persons not registered as an architect shall not claim nor
represent either services or work as equivalent to those of a duly
qualified registered architect, or that they are qualified for any branch or
functions of function of architectural practice, even though no form of the
title "Architect" is used.
SECTION 44. Enforcement of the Act. - It shall be the primary duty of
the Commission and the Board to effectively enforce the provision
of this Act. All duly constituted law enforcement agencies and
officers of national, provincial, city or municipal government or of
any political subdivision thereof, shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the
provisions of this Act and to prosecute any person violating the
provisions of the same. The Secretary of Justice or his duly designated
representative shall act as legal adviser to the Commission and the
Board and shall render legal assistance as may be necessary in carrying
out the provisions of this Act.
Any person may bring before the Commission, Board or the
aforementioned officers of the law, cases of illegal practice or
violations of this Act committed by any person or party.
The Board shall assist the Commission, Board or the aforementioned
officers of the law, cases of illegal practice or violations of this Act
committed by any person or party.
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The Board shall assist the Commission in filing the appropriate
charges through the concerned prosecution office in accordance
with law and the Rules of Court.
Is there a violation of R.A.
No. 9266 even if the
Government
official
invokes the January 2012
CA decision in his/her act
of accepting/ processing/
approving
architectural
documents signed and
sealed by a civil engineer
(CE).
Absolutely. R.A. No. 9266 and all of its provisions that limit to
registered and licensed architects (RLAs) the professional
privilege of preparing, signing and sealing architectural
documents are all in full effect. Its willful violation by any
Government official makes them liable administratively,
criminally and civilly.
Where can one file such
an
ADMINISTRATIVE
COMPLAINT invoking the
willful violation of R.A. No.
9266?
An ADMINISTRATIVE COMPLAINT invoking the willful violation of R.A.
No. 9266 against any Government official may be filed directly with the
Office of the Ombudsman in Quezon City or with the Offices of the
Deputy Ombudsman or with the Resident Ombudsman of the
concerned Government agency/ office.
Is there a sample
ADMINISTRATIVE
COMPLAINT we can look
at?
Yes, there is a sample administrative complaint posted at the PRBoA
website. However, this should be thoroughly examined by a lawyer to
make sure that the complaint refers to specific acts committed by the
Government official being charged.
6. Can
a
CRIMINAL
COMPLAINT be filed
directly against a LGU
Acting Building Official
who continue to accept,
process and approve
architectural documents
prepared/ signed/ sealed
by civil engineers (CEs) or
directly against a CE,
who are
in willful
violation of the multiple
provisions under R.A. No.
9266 (a valid and
subsisting law i.e. in full
effect since 10 April 2004)
that limit to registered and
licensed
architects
Absolutely (reference highlighted portions of the pertinent provisions
under R.A. No. 9266).
SECTION 20. Seal, Issuance and Use of Seal. - A duly licensed
architect shall affix the seal prescribed by the Board bearing the
registrant's name, registration number and title "Architect" on all
architectural plans, drawings, specifications and all other contract
documents prepared by or under his/her direct supervision. xxx
(2) No officer or employee of this Republic, chartered cities,
provinces and municipalities, now or hereafter charged with the
enforcement of law, ordinances or regulations relating to the
construction or alteration of buildings, shall accept or approve
any architectural plans or specifications which have not been
prepared and submitted in full accord with all the provisions of
this Act; nor shall any payments be approved by any such officer
for any work, the plans and specifications for which have not
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(RLAs) the professional
been so prepared and signed and sealed by the author.
privilege of preparing,
signing
and
sealing SECTION 44. Enforcement of the Act. - It shall be the primary duty of
architectural
the Commission and the Board to effectively enforce the provision
documents?
of this Act. All duly constituted law enforcement agencies and
officers of national, provincial, city or municipal government or of
any political subdivision thereof, shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the
provisions of this Act and to prosecute any person violating the
provisions of the same. The Secretary of Justice or his duly designated
representative shall act as legal adviser to the Commission and the
Board and shall render legal assistance as may be necessary in carrying
out the provisions of this Act.
Any person may bring before the Commission, Board or the
aforementioned officers of the law, cases of illegal practice or
violations of this Act committed by any person or party.
The Board shall assist the Commission, Board or the aforementioned
officers of the law, cases of illegal practice or violations of this Act
committed by any person or party.
The Board shall assist the Commission in filing the appropriate
charges through the concerned prosecution office in accordance
with law and the Rules of Court.
SECTION 32. Signing of Architectural Plans, Specifications and
Other Contract Documents. - xxx it shall be unlawful for any person,
except the Architect-of record to sign for any branch of the work, or
any function or architectural practice, not actually performed by
him/ her. The Architect-of record shall be fully responsible for all
architectural plans, specifications, and other documents issued under
his/her seal or authorized signature.
The Board shall make all the necessary rules and regulations with regards
to the signing and sealing of drawings, specifications, reports, and other
documents.
SECTION 29. Prohibition in the Practice of Architecture and Penal
Clause. - Any person who shall practice or offer to practice
architecture in the Philippines without being registered/licensed and
who are not holders of temporary or special permits in accordance
with the provisions of this Act, or any person presenting or attempting
to use as his/her own the Certificate of Registration/Professional
Identification Card or seal of another or temporary or special permit, or
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any person who shall give any false or forged evidence of any kind
to the Board or to any member thereof in obtaining a Certificate of
Registration/Professional Identification Card or temporary or special
permit, or any person who shall falsely impersonate any registrant of like
or different name, or any person who shall attempt to use a revoked or
suspended Certificate of Registration/Professional Identification Card or
cancelled special/temporary permit, or any person who shall use in
connection with his/her name or otherwise assume, use or advertise
any title or description tending to convey the impression that he/she
is an architect when he/she is not an architect, or any person
whether Filipino or foreigner, who knowingly allows the use,
adoption, implementation of plans, designs or specification made by
any person, firm, partnership or company not duly licensed to
engage in the practice of architecture, or any person who shall violate
any of the provisions of this Act, its implementing rules and regulations,
the Code of Ethical Conduct and Standards of Professional Practice, or
any policy of the Board and the Commission, shall be guilty of
misdemeanor and charged in court by the Commission and shall,
upon conviction be sentenced to a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than Five Million pesos
(P5,000,000,00) or to suffer imprisonment for a period not less than
six (6) months or not exceeding six (6) years, or both, at the
discretion of the Court.
SECTION 34. Non-Registered Person Shall Not Claim Equivalent
Service. - Persons not registered as an architect shall not claim nor
represent either services or work as equivalent to those of a duly
qualified registered architect, or that they are qualified for any branch or
functions of function of architectural practice, even though no form of the
title "Architect" is used.
Where can one file such a
criminal complaint for
violation of R.A. No.
9266?
A criminal complaint, invoking willful violations of the pertinent provisions
of R.A. No. 9266 can be filed against any Government Official and/or
against any civil engineer (CE) directly with the Office of the Municipal/
City Prosecutor as provided under the second paragraph of Sec. 44 of
R.A. No. 9266.
SECTION 44. Enforcement of the Act. - It shall be the primary duty of
the Commission and the Board to effectively enforce the provision
of this Act. All duly constituted law enforcement agencies
and officers of national, provincial, city or municipal
government or of any political subdivision thereof, shall,
upon the call or request of the Commission or the Board, render
assistance in enforcing the provisions of this Act and to
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prosecute any person violating the provisions of the same.
The Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal
assistance as may be necessary in carrying out the provisions of this Act.
Any person may bring before xxx the
aforementioned officers of the law, cases of illegal
practice or violations of this Act committed by any
person or party.
What is needed to file
such a criminal complaint
for violation of R.A. No.
9266?
A complainant must secure the services of a lawyer to file a criminal
complaint relating to criminal violations of R.A. No. 9266. There must also
be a witness (who will testify) and who has direct personal knowledge
of the criminal acts being alleged.
Legend : ………... Provisions pertaining to Architectural practice and limitations
………….Provisions pertaining to Architectural Documents
………… Penal Provisions for violations of R.A. No. 9266
Nothing follows.
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