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Getting the Facts Right

PRBoA www.architectureboard.ph. Getting the Facts Right (A RLA’s* Briefing Material for Government Officials/ Public Sector and for Clients/ the Private Sector) *Registered and Licensed Architects 10 September 2009 PRC Professional Regulatory Board of Architecture ( PRBoA )

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Getting the Facts Right

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  1. PRBoA www.architectureboard.ph Getting the Facts Right (A RLA’s* Briefing Material for Government Officials/ Public Sector and for Clients/ the Private Sector) *Registered and Licensed Architects 10 September 2009 PRC Professional Regulatory Board of Architecture (PRBoA) Ar Armando N. ALLÍ fuap, hfpia, aaif, apec ar Chairman, PRBoA (Resource Person)

  2. is a several thousand (millennia) old profession that dates back to the antiquities i.e. pre-Greek civilizations, etc.; • was the profession of the master builders i.e. “arkitekton” in Greek; • encompassed many modern professions including architectonics and structural design i.e. already segregated from the recognized modern-day scope of the practice of architecture; • was never part of any other known professional calling i.e. has never ever been part of civil engineering; and • is internationally associated with (and is dictionary-defined as the profession most related to) buildings. PRBoA www.architectureboard.ph I. The Architectural Profession . . .

  3. evolved from military/ fortifications engineering in the past i.e. the term “engineering” came into use only in the last 500 years while the term “civil engineering” is apparently only about 170 years old; • encompassed many modern professions including geodetic & sanitary engineering i.e. already segregated from the recognized modern-day scope of the practice of civil engineering in the Philippines; • has never ever encompassed the separate profession of architecture; and • is internationally associated with (and is dictionary-defined as the profession most related to) roads, bridges, dams, etc. and the construction of buildings. PRBoA www.architectureboard.ph II. The Civil Engineering (CE) Profession . . .

  4. is R.A. No. 9266 (the Architecture Act of 2004) which has been signed into law by HE PGMA on 17 March 2004 and which has been in effect since 10 April 2009; • is implemented and enforced by the Professional Regulation Commission (PRC) and the Professional Regulatory Board of Architecture (PRBoA) thru representations with the executive agencies and instrumentalities of the national and local governments; • prescribes that only registered and licensed architects (RLAs) shall practice architecture on Philippine soil; • governs the practice of about 24,500 Philippine registered architects (PRAs) and approx. 14,000 registered and licensed architects (RLAs), the only natural persons under Philippine law who can prepare, sign and seal ARCHITECTURAL documents legally . PRBoA www.architectureboard.ph III. The Philippine Architecture Law . . .

  5. is R.A. No. 1582 of 1956 (which amended R.A. No. 544 of 1950); • provides for the segregation of the practice and responsibilities of CEs and Architects (R.A. No. 1582, Sec. 24); • does NOT state that CEs can prepare, sign or seal ARCHITECTURAL documents; • does NOT state that CEs can prepare, sign or seal electrical/ mechanical/ sanitary/ electronics engineering documents; • does NOT state that CEs CANNOT prepare, sign nor seal STRUCTURAL ENGINEERING documents; • governs the practice of about 120,000 Philippine registered CEs (PRAs) and approx. 80,000 registered and licensed architects (RLCEs), the only natural persons under Philippine law who can prepare, sign and seal CIVIL AND/OR STRUCTURAL ENGINEERING documents legally . PRBoA www.architectureboard.ph IV. The Philippine Civil Engg (CE) Law . . .

  6. site development plan (SDP); • architectural perspectives (exterior, interior & sectional) for buildings; • architectural floor, ceiling and roof plans for buildings; • architectural sections and elevations for buildings; • architectural detail designs and drawings; • architectural interior (AI) plans, designs, etc.; • architectural specifications (including schedules); • architectural estimates. PRBoAwww,architectureboard.phV. The Main Architectural Documents are…

  7. site civil works plan (including grading and drainage); • foundation plan for buildings; • floor, ceiling and roof structural framing plans for buildings; • structural engineering sections and elevations for buildings; • structural detail designs and drawings; • structural engineering specifications, schedules and computations; • structural estimates. PRBoA www.architectureboard.ph VI. The Main Civil Engg Documents are…

  8. PRBoA www.architectureboard.phVII. Minimum Qualifications under Philippine Law of Registered and Licensed Architects (RLAs) to Prepare, Sign and Seal ARCHITECTURAL Documents:1) B.S. Architecture degree;2) 2 year (or equivalent 3,840 hours) of diversified experience in architecture i.e. apprenticeship under a Mentor-RLA;3)a general average of 70% in the licensure examination for architects (LEA) given by the PRC;4) Architect’s Certificate of Registration & PRC ID card, signature in the Architect’s Registry Book and Recitation of the Architect’s Oath; and5) membership in the integrated & accredited professional organization of architects (IAPOA).

  9. PRBoA www.architectureboard.phVIII. Minimum Qualifications under Philippine Law of Registered and Licensed Civil Engineers (RLCEs) to Prepare, Sign and Seal CIVIL & STRUCTURAL Documents:1) B.S. Civil Engineering degree;2)a passing grade in the licensure examination for civil engineers (LECE) given by the PRC; and3) Civil Engineer (CE)’s Certificate of Registration & PRC ID card, signature in the CE Registry Book and Recitation of the Professional’s Oath.

  10. Sec. 302 NEVER stated that Civil Engineers (CEs) can sign or seal ARCHITECTURAL documents i.e. duly certified by the National Printing Office (which publishes the Official Gazette) and by the Malacanang Records Office (which safeguards all documents promulgated by the Office of the President); • Sec. 302 also did NOT state that Architects shall sign or seal ARCHITECTURAL documents (which was later repealed by R.A. No. 9266); and • is a valid and subsisting law i.e. in full effect, that has remained unchanged since 1977, as duly certified by the Malacanang Records Office. PRBoA www.architectureboard.phIX. P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) . . .

  11. was in effect over the period 01 through 22 May 2005; • effectivityinterrupted by the 2 temporary restraining orders (TROs) and the injunction secured by the PICE on the basis of the wrongly worded text of Sec. 302 of P.D. No. 1096 which purported that CEs can sign and seal ARCHITECTURAL documents; • injunction LIFTED/DISSOLVED through an Order (contained in a Decision) promulgated in January 2008; despite the immediately executory nature of the Order; the DPWH refused to comply; • January 2008 Court order AFFIRMED in May 2004; the DPWH apparently still refuses to comply. PRBoA www.architectureboard.phX. Status of Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (the 1977 National Building Code of the Philippines/ NBCP)

  12. PRBoA www.architectureboard.ph XI. Has the PICE Appealed the January 2008 & May 2009 Court Orders? Yes. However, the Manila RTC Branch 22 still has to forward the case file to the Court of Appeals (CA) as of 10 September 2009.Does an Appeal mean that Secs. 302.3 & 4 cannot be implemented and enforced despite the 2 Court Orders by Manila RTC Branch 22?No. The Court Orders are immediately executory under the Rules of Court and under Philippine jurisprudence. The DPWH must perforce fully comply unconditionally. Otherwise, its officials may become clearly liable for indirect contempt charges before the RTC.

  13. PRBoA www.architectureboard.ph XII. What does the PICE hope to achieve with its appeal? They are hoping to overturn the January 2008 Decision and to secure a permanent injunction on Secs. 302.3 & 4 from the CA.Can the CA issue another set of TRO/s and injunction?Apparently Yes but only if there is absolute merit in the PICE appeal. The PICE are probably still relying on the intercalated (and wrongfully worded) text of Sec. 302 of P.D. No. 1096 that purports that CEs can sign and seal ARCHITECTURAL documents.

  14. PRBoA www.architectureboard.ph XIII. Is P.D. No. 1096 a higher law compared to R.A. No. 9266? No. They are both valid and subsisting laws enacted by entities exercising legislative and executive functions. What is R.A. No. 9266 (of 2004) in relation to P.D. No. 1096 (of 1977) ?R.A. No. 9266 is a special law that is higher than a general law like P.D. No. 1096. R.A. No. 9266 is also a later law that contains repeal provisions directly affecting the content, interpretation, implementation and enforcement of P.D. No. 1096, an earlier law.

  15. PRBoA www.architectureboard.ph XIV. Does the DPWH Secretary regulate the separate professions of architecture and civil engineering? No. Never. Absolutely Not, unless he wants to be a usurper of PRC and PRBoA functions, which is still illegal. Can the DPWH Secretary be held liable for NOT implementing and enforcing R.A. No. 9266 and P.D. No. 1096 ?Absolutely. He has been sworn to uphold a valid and subsisting law such as R.A. No. 9266 and P.D. No. 1096 (the very law he is supposed to implement and enforce). Yet, he apparently still obstinately refuses to follow the law. Could it be that the DPWH Secretary thinks he is above the law???

  16. PRBoA www.architectureboard.ph Mabuhay angmgaArkitektong Pilipino!Mabuhay angmgatamangbatasnanararapatlamangipatupadngpamahalaan!Thank You and a Pleasant Morning to You All!

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