Professional Ethics for the Current Industry Regimes PIA Center 29 January 2010, Pasig City, PH Ar Armando N. ALLÍ, apec ar PRBoA Chairman (www.architectureboard.ph) (Resource Person) A. Regulating the Ethical Conduct of Registered and Licensed Architects (RLAs) 1) R.A. No. 9266 (The Architecture Act of 2004) Secs. 5 (d) & (e), 7 (g) & (h), 9, 14 (1), 20, 22, 23, 29, 30, 32 and 33; 2) Same Secs. under the 2004 IRR of R.A. No. 9266; 3) 2006 Code of Ethical Conduct (CEC); 4) 1979 Standards of Professional Practice (SPP); and 5) Various Issuances/ Resolutions of the PRBoA and . of the PRC; compliant IAPoA & OAA issuances. (R www.architectureboard.ph B. Industry Regimes 1) Professional Architectural Services by RLAs for the Private Sector (under P.D. No. 1096/ 1977 2) 3) 4) 5) (R NBCP, R.A. No. 9514, B.P. No. 344, P.D. No. 957, B.P. No. 220, the Civil Code specially Art. 1723, etc. and their respective IRRs, guidelines, standards, etc.) ; Professional Services by RLAs for the Public Sector (under R.A. No. 9184/ 2003 Government Procurement Reform Act or GPRA and its 2009 Revised IRR); and Professional Services by RLAs under Allied Fields i.e. Construction, Development, General Consulting, etc.; International Professional Services by RLAs ; and Electronic (Internet-based/ ICT-based) Professional Services by RLAs e.g. BPO, KPO, etc. www.architectureboard.ph C. Ethical Violations Occur as Solo or Group Acts 1) Are You In or Out? (RLAs engaging in risky and contemptuous professional behavior gravitating towards escalating ethical violations, potentially for attention-getting purposes); no RLA is above the law i.e. a single Administrative Complaint filed at the PRC by any entity is sufficient for the eventual suspension and/or revocation of the RLA status after due process; 2) Are You with Us or Against Us? (ethical violations are not usually done by a RLA alone; there is always help from others i.e. collusion and conspiracy to violate laws, regulations and standards on ethical conduct.) www.architectureboard.ph D. Professional Ethical Conduct is the Road Less Traveled 1) There is Always Seeming Peer Pressure to Go with the Flow (based on skewed reasoning i.e. as other RLAs commit ethical violations and get away with it, any RLA should do the same and reap the same benefits); again, no RLA is above the law i.e. over the past 3 years, about 25 RLAs have had their certificates and/or licenses suspended and/or revoked after due process; and 2) The Momentary Benefits Only Appear to be Worth the Ethical Violations (no amount of material benefit can ever equal professional integrity and a good name, which the RLA must first value and put a premium on); always remember that a good word is worth much more www.architectureboard.ph than a full page advertisement. E. Know Your Thresholds in Your Professional Service Transactions 1) Always remember Your professional orientation and mooring i.e. school/s, workplace/s, organization/s, etc.; 2) Treat Your Product as a Professional Service and NEVER as a Business for Profit; know the real value of Your service and always remember that if an RLA wishes to sport a different hat i.e. as a Constructor/ Developer/ Distributor/ Supplier, a different set of rules apply; try NOT to mix up the two; 3) Know Your Tipping Point i.e. be sensitive enough to know when You are being taken advantaged of and when You are being pushed/ shoved around by the entities around You; it is perfectly alright to be very angry every once in a while; and 4) Establish a Walk Away Point and Don’t Look Back i.e. walk away from situations where Your professional scruples, Your reputation, Your self respect and Your profession shall be forever www.architectureboard.ph compromised and damaged. F. Walk Away, RLA 1) NO free architectural plans and designs i.e. only illegal practitioners do this and we should ALL work together to hold these criminal violators and their supporters in Government fully accountable; NEVER submit a service proposal with a free plan/ design attached to it, even if it is an old/ unutilized plan/ design - somebody shall use it nonetheless; 2) NO contract/ NO payment - NO architectural service i.e. never place Yourself in a situation where You only have Yourself to blame; and 3) Always go for CASH Compensation i.e. swap or exchange deals are generally recipes for exploitation. www.architectureboard.ph G. Your Responsibility & Advocacy as a RLA 1) Educate Your Client and the Other Project Entities as to the Services and Value of the RLA; 2) Train young RLAs and aspirants to the practice in the correct ways of the practice i.e. always use R.A. No. 9266, its IRR, the CEC, the SPP and the Civil Code; 3) Always Protect Your Intellectual Property i.e. always distinguish between plan/ design ownership (compensated by a fee) and copyright (compensated by royalty); 4) Try to Correct Wrong Practices at Every Turn by Reminding the Concerned Entities of Possible Violations and Liabilities; Sue if You have to; 5) If You are into group practice, register Your firm with the DTI or with the SEC first, and then with the PRC/ PRBoA; 6) Upgrade and update Your knowledge about the practice – You owe Your Client this much; specialize by attending CPE/D seminars to improve Your stock knowledge and skillsets; and www.architectureboard.ph 7) Pay the Correct Taxes. Professional Ethics for the Current Industry Regimes Thank You and a Pleasant Evening to All www.architectureboard.ph