PRBoA
The PRBoA Program (2007-09)
for the Full Implementation & Enforcement
of R.A. No. 9266, its IRR and Derivative Regulations
24 August 2007
UAP National Headquarters
5/F UAP National Headquarters Office Bldg.
Quezon City, Metropolitan Manila/ NCR
by the
Professional Regulatory Board of Architecture (PRBoA)
Archt. Armando N. ALLÍ, fuap, aaif
Chairman, PRBoA
(Presentor)
with PRBoA Members
Archt. Angeline T. CHUA CHIACO, fuap
Archt. Marietta B. SEFGOVIA, uap, aaif
PRBoA
1.
February through August 2007 Implementation:
Continuing PRBoA Campaign to Assert the Primacy of
R.A. No. 9266, its IRR and Derivative Regulations
a. Executive Branch of Government i.e. the PRC, Cabinet
Secretaries (DoLE, DPWH, DILG, DENR, DoJ etc.), VP/HUDCC,
Office of the Executive Secretary, the Office of the President, the
MMDA, various LGUs, GOCCs, GFIs, etc.;
b. Legislative Branch of Government i.e. Congress & the Senate;
c. Judicial Branch of Government i.e. the Courts & other QuasiJudicial Bodies; the OSG, the Ombudsman etc.;
d. Other Industry Players e.g. Consultants, Contractors, Developers;
e. Address Other Regulated Professionals, specifically the CEs;
f. Address Illegal Practitioners (specifically fake architects and ALE flunkers
and architecture students/ graduates performing architectural work not under the
direct supervision of a registered and licensed architect or RLA)
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
2a.February through August 2007 Implementation:
General Instruction (Understanding R.A. No. 9266
and Many Issues Surrounding It)
Three (3.0) years after R.A. No. 9266’s approval, many events have transpired, all of which are subtle or
overt attempts to allow other entities to practice architecture or portions of architectural practice
defined under R.A. No. 9266 and its IRR:
a) attempts to maintain a supposed status quo for Sec.302 of the 2004 Revised IRR of the National Bldg.
Code of the Phils. (NBCP, otherwise known as P.D. No. 1096) by virtue of a writ of preliminary
injunction (WPI, not yet lifted to date); as of April 2007 the CEs have already wrestled control over the
DPWH Board of Consultants (BoC), the body responsible for repealing the NBCP;
b) CEs unilaterally interpreting R.A. No. 544 (actually R.A. No. 1581) and even the WPI to suit
themselves; CEs make it appear as if P.D. No. 1096 (a general law) and its old and 2004 Revised IRRs (a
mere executive issuance) can supersede R.A. No. 9266 and its provisions (a special law/ statute).
c) many non-RLAs/non-architects/ non-professionals still openly practice or offer architectural services
without fear of R.A. No. 9266’s penal sanctions; no major case of consequence is being heard in court;
d) some key provisions of R.A. No. 9266 still have no applicable implementing rules or guidelines and are
therefore not being properly implemented nor enforced; the PRBoA is under the PRC administratively;
e) RLAs/architects continue to violate their own law;
f) architects are unable to really participate in public sector projects (even for ODA-assisted projects);
g) Local Government Code (R.A. No. 7160) provisions favoring CEs have not yet been amended/ repealed;
h) BPO providers, developers and constructors offer and practice architecture too; and
i) APEC & ASEAN Architects/ Engineers Registry/globalization to open the Philippine market to influx of
more foreign architects/ designers/ construction professionals. This may not necessarily be a bad thing as
we must then attempt to be world-class practitioners to allow us to compete.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
Chairman, Professional Regulatory Board of Architecture (PRBoA)
PRBoA
2b.February through August 2007 Implementation:
General Instruction
(Simplified Model of Philippine Laws lower than the 1987 Constitution
& International Treaties in which the Philippine Government is a
Signatory)
Laws do not Operate in Isolation but in Full
Interaction with Other Laws that are in Place.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
2c.February through August 2007 Implementation:
General Instruction
(Other Laws & Regulations that Need to be Considered in the
Implementation of R.A. No. 9266 & by Architects in Local Practice)
a)
b)
c)
d)
e)
f)
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);
PRBoA Issuances (resolutions, memo circulars, 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);
R.A. No. 8981/ PRC Modernization Act and other PRC Issuances (resolutions, circulars, etc.);
Other Professional Laws [particularly R.A. Nos. 544/ 1581 (CEs), R.A. No. 8534 (IDs), P.D. No. 1308 (EnPs)];
The New Civil Code of 1954 (particularly Article 1723) on the civil liability of architects;
The Local Government/ Internal Revenue/ Revised Penal/ Corporate/ Intellectual Property
(R.A. No. 8293) Codes and other applicable Codes & IRRs;
Building laws: P.D. No. 1096 (NBCP), 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;
g)
h)
i)
j)
k)
Planning laws: P.D. No. 957, B.P. No. 220; environmental laws and their respective IRRs;
General Agreement on Trade and Services (GATS); reference APEC Architects Registry;
R.A. No. 9285 (ADR Law of 2004) and E.O. No. 1008 (Construction Arbitration Law);
Constructors’ License Law of 1965 (RA 4566) and its IRR; and
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).
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
2d.April through October 2007 Implementation:
General Instruction (Information Dissemination)
a) conduct of PRBoA lectures at known hotspots i.e.
where the issue of signatory to architectural documents
(including those art of subdivision plans) is intensely contested;
b) information exchange through various e-groups;
c) downloading information from the UAP-IAPOA websites and
the PRBoA website (under construction);
d) print media releases/ letters to editors/ publishers;
e) newspaper/ magazine/ radio interviews;
f) paid public notice/ advisory (on illegal practices, roster of RLAs
and architectural firms, permitted foreign architects, etc.); and
g) securing information from CDs or print publications that may
be freely distributed by the PRBoA in the near future.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
3. mid-2007 through mid-2008
Implementation:
Fully Align the B.S. Architecture Curriculum & the Architect
Licensure Examination (ALE) Syllabi with R.A. No. 9266, its IRR &
All Derivative Regulations (periodically issued by the PRC and the PRBoA)
a) Focus on Architectural Programming/ Research and Space Planning/
Management (including Socio-Psychological Aspects/ Dimensions) as
Core Competencies for Registered and Licensed Architects (RLAs);
b) Focus on Site/ Physical Planning provided for by R.A. No. 9266
(particularly Subdivision Plan Preparation under P.D. No. 957 & B.P. 220);
c) Replace some Structural Design Subjects with More Usable Courses/
Subjects on Mainstream Architectural Practice;
d) Focus on Architectural Specializations (compartmentalizing the General
Scope of Practice as defined in R.A. No. 9266 i.e. CA, AoR & Aicc);
e) Focus on the Operational/ Management/ Business Side of Architecture;
f) Focus on the Development of Stock/ Practical Construction Knowledge;
g) Focus on Effects of Globalization and Required Practice Adaptations; &
h) Focus on the Philippine RLAs/ Architects’ Legal Initiatives, Rights and
Advocacies under the Philippine Legal/ Governance Systems
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
4. mid-2007 through 2009
Implementation:
Maintain a High but Realistic Level of ALE to
Assure the Quality of Professionals
a) the Architecture Licensure Examinations (ALE) must
carry non-complex, easy to comprehend questions;
whenever possible, the PRBoA shall ask only one or
two (1- or 2-) line questions;
b) the Design & Site Planning Subject shall only feature
problems that are realistically assigned to examinees
with two (2.0)-year diversified experience;
c) by year 2009, the ALE may include other qualifying
examination components to bring the quality of
professional architects (RLAs) to a much higher level
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
5. mid-2007 through 2009
Implementation:
Focus on Architectural Specializations (and Subsequent
Classification) and their Integration with CPD Programs
a) require Architectural Specialization for all Registered and Licensed
Architects or RLAs (with the necessary/ applicable exemptions);
b) RLAs to utilize the CPD Program to acquire Architectural
Specialization/s (with theoretical knowledge to be possibly tested);
c) validate recommendations of IAPOA Specialty Councils for granting of
PRBoA Architecture Specialization Certificates (practical knowledge to
be tested through PRBoA interviews as needed);
d) use CPD units earned as a possible equivalent leading to a formal
academic degree to be granted by local institutions offering higher studies
in architecture (to make the CPD units a doubly valuable tool for selfimprovement by each RLA); and
e) develop an Architect Classification/ Ranking and Promotion System
based on number of Specializations gained (which can also become the
basis for the charging of architectural professional fees).
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6a.mid-2007 through mid-2008
Enforcement:
PRBoA Liaison with Legal Entities in Government
a) the PRC Legal & Investigation Division and its
Special Prosecutor who was assigned to the PRBoA on
01 Aug 2007;
b) The Department of Justice (DoJ) Central Office and
the local prosecution offices (fiscals);
c) The Ombudsman and Sandiganbayan (for cases vs.
Government Officials who refuse to implement/
enforce R.A. No. 9266 despite PRBoA notices); and
d) the possible PRBoA Private Legal Counsel and/or
Private Investigator who must collaborate with the
PRBoA Special Prosecutor assigned by the PRC.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6b. mid-2007 through mid-2008 Enforcement:
PRBoA Legal Initiatives
a)
b)
c)
d)
e)
f)
g)
h)
request the DPWH to justify or recall its Sept 2006 & April 2007 Orders (citing the
court-issued WPI) that allow CEs to sign and seal architectural documents;
securing a new/ updated legal opinion from the DoJ on the matter of the rightful
signatory to architectural documents (to supplement or supersede the Jan 2004 legal opinion);
Request the PRC to declare the act of CEs signing and sealing architectural
documents as illegal;
file a verified complaint vs. a judge for inaction (in connection with a case involving
the UAP-IAPOA) with the Court Administrator of the Supreme Court;
file a complaint with the Ombudsman against an LGU mayor who obstinately
refused to implement R.A. No. 9266 (the RLAs need a witness vs. the official);
file a petition for the issuance of a mandamus order directed at the DPWH and
DILG and possibly also at the HUDCC, DENR, DFA, DoH, DoTC, DeEd, GPPB, all
other executive agencies, GFIs GOCCs that require architectural services, etc.;
additional MoA signing with law enforcement entities such as the NBI, the PNP, etc.
and with implementing agencies such as the DoJ, SEC, IC and the line agencies, etc.; and
request the Office of the President (OP) and the Office of the Executive Secretary (OES) to
issue an Executive Order (EO) to fully implement and enforce R.A. No. 9266.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6b. mid-2007 through mid-2008 Enforcement:
PRBoA motu propio Administrative Investigations
a) Investigation/s against violator-registered and license
architects (RLAs) for aiding and abetting the practice
of an unregistered person;
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.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6c.mid-2007 through mid-2008 Enforcement:
PRBoA Assistance to Complainants
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 may also fall 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 (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).
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6d. early 2007 through late 2008 Enforcement:
PRBoA Resolutions Under Study, Drafted or Under PRC Review
a) mandatory registration of architectural firms (sole proprietorships nder DTI,
partnerships, corporations, associations and joint ventures under SEC);
b) applications for the issuance of temporary/ special permits to foreign architects;
c) accreditation of CPD providers;
d) clients and media supporters of illegal practitioners chargeable with the
offense of aiding and abetting the practice of an unregistered person;
e) specialization and classification of registered and licensed architects (RLAs);
f) creation of an organization to represent architectural firms;
g) creation of an organization for architectural alumni associations;
h) 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);
i)
architectural documents to be prepared, signed and sealed solely by
registered and licensed architects (RLAs); and
j)
declare ALE flunkers, B.S. Architecture undergraduates and the like as illegal
practitioners (if they work without an RLA) .
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
6e.mid-2007 through mid-2008 Enforcement:
PRBoA Legislative Initiatives
a) endorsement of the draft of the amended 2007 Senate TWG
version of the Billboard Bill under the new Congress which
requires a RLA to sign and seal non-mobile billboard plans;
b) collaboration in the crafting of a highly simplified version of
the National Building Code of the Philippines (NBCP) that
places RLAs in a position of importance/ indispensability;
c) amendment of the Local Government Code provision allowing
Municipal or City Engineers to assume the position of Building
Official); and
d) general official resistance to filed bills that would allow other
regulated professionals such as CEs and developers,
contractors, etc. or any other entity to practice any scope of
service defined under the general practice of architecture.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
7. mid-2007 through mid-2008
PRBoA Limitations
a)
b)
c)
d)
e)
f)
g)
h)
i)
Enforcement:
under the administrative control of the PRC i.e. all documents prepared by the
PRBoA are subject to prior and official PRC review and approval;
the resolution of all administrative complaints filed with the PRBoA are subject to
PRC supervision;
criminal complaints concerning violations of R.A. No. 9266 must undergo a lengthy
and tedious process i.e. PRC to PRBoA to PRC to DoJ (and to NBI if investigation
or additional evidence is required) to local prosecution office (fiscal) to court of law;
the PRBoA Special Prosecutor only newly assigned;
the 2 new PRC Commissioners (who took office last 13 August 2007) still need to be
properly/ officially apprised by the PRBoA in regard to issues on R.A. No. 9266;
PRC cannot readily act on complaints by Professional Regulatory Boards (PRBs,
e.g. PRBoA vs. PRBoCE) against each other due to its stated policy of neutrality;
the PRBoA has no PRC budget for cases vs. R.A. No. 9266 violators at present;
the PRBoA has one (1) official Assistant Secretary which it shares with about 6-7
other Professional Regulatory Boards (PRBs) and
the PRBoA is made up of 3 persons working on a part-time basis (the PRBoA
members hold regular day jobs/ run their own architectural offices too).
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
8a. Clear Understanding of Who RLAs/ the CEs Are
a) 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.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
8b.Clear 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.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
9. What to do as Registered & Licensed Architects (RLAs)?
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.
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)
PRBoA
Thank You
and
a Pleasant Morning
to You All!
____________________________________________________________________________________________________________________________________________________________________
The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266
by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)