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The PRBoA Program (2007-09)

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

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The PRBoA Program (2007-09)

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  1. 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

  2. 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.; • Legislative Branch of Government i.e. Congress & the Senate; • Judicial Branch of Government i.e. the Courts & other Quasi-Judicial Bodies; the OSG, the Ombudsman etc.; • Other Industry Players e.g. Consultants, Contractors, Developers; • Address Other Regulated Professionals, specifically the CEs; • 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) PRBoA1.February through August 2007Implementation:Continuing PRBoA Campaign to Assert the Primacy of R.A. No. 9266, its IRR and Derivative Regulations ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  3. 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 supposedstatus 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. PRBoA2a.February through August 2007Implementation: General Instruction (Understanding R.A. No. 9266and Many Issues Surrounding It) ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor) Chairman, Professional Regulatory Board of Architecture (PRBoA)

  4. PRBoA2b.February through August 2007Implementation: General Instruction(Simplified Model of Philippine Laws lower than the 1987 Constitution & International Treaties in which the Philippine Government is a Signatory) ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor) Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.

  5. a) 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); • b) 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; • 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). PRBoA2c.February through August 2007Implementation: General Instruction(Other Laws & Regulations that Need to be Considered in the Implementation of R.A. No. 9266 & by Architects in Local Practice) ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  6. 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; • information exchange through various e-groups; • downloading information from the UAP-IAPOA websites and the PRBoA website(under construction); • print media releases/ letters to editors/ publishers; • newspaper/ magazine/ radio interviews; • paid public notice/ advisory(on illegal practices, roster of RLAs and architectural firms, permitted foreign architects, etc.); and • securing information from CDs or print publications that may be freely distributed by the PRBoA in the near future. PRBoA2d.April through October 2007Implementation:General Instruction (Information Dissemination) ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  7. Focus on Architectural Programming/ Research and Space Planning/ Management (including Socio-Psychological Aspects/ Dimensions)as Core Competencies for Registered and Licensed Architects (RLAs); • Focus on Site/ Physical Planning provided for by R.A. No. 9266 (particularly Subdivision Plan Preparationunder P.D. No. 957 & B.P. 220); • Replace some Structural Design Subjects with More Usable Courses/ Subjects on Mainstream Architectural Practice; • Focus on Architectural Specializations (compartmentalizing the General Scope of Practice as defined in R.A. No. 9266 i.e. CA, AoR & Aicc); • Focus on the Operational/ Management/ Business Side of Architecture; • Focus on the Development of Stock/ Practical Construction Knowledge; • Focus on Effects of Globalization and Required Practice Adaptations; & • Focus on the Philippine RLAs/ Architects’ Legal Initiatives, Rights and Advocacies under the Philippine Legal/ Governance Systems PRBoA3. mid-2007 through mid-2008Implementation: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) ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  8. 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; • the Design & Site Planning Subject shall only feature problems that are realistically assigned to examinees with two (2.0)-year diversified experience; • by year 2009, the ALE may include other qualifying examination components to bring the quality of professional architects (RLAs) to a much higher level PRBoA 4. mid-2007 through 2009Implementation: Maintain a High but Realistic Level of ALE to Assure the Quality of Professionals ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  9. require Architectural Specialization for all Registered and Licensed Architects or RLAs (with the necessary/ applicable exemptions); • RLAs to utilize the CPD Program to acquire Architectural Specialization/s (with theoretical knowledge to be possibly tested); • validate recommendations of IAPOA Specialty Councils for granting of PRBoA Architecture Specialization Certificates (practical knowledge to be tested through PRBoA interviews as needed); • 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 self-improvement by each RLA); and • 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). PRBoA 5. mid-2007 through 2009Implementation: Focus on Architectural Specializations (and Subsequent Classification) and their Integration with CPD Programs ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  10. the PRC Legal & Investigation Division and its Special Prosecutor who was assigned to the PRBoA on 01 Aug 2007; • The Department of Justice (DoJ) Central Office and the local prosecution offices (fiscals); • The Ombudsman and Sandiganbayan (for cases vs. Government Officials who refuse to implement/ enforce R.A. No. 9266 despite PRBoA notices); and • the possible PRBoA Private Legal Counsel and/or Private Investigator who must collaborate with the PRBoA Special Prosecutor assigned by the PRC. PRBoA 6a.mid-2007 through mid-2008 Enforcement:PRBoA Liaison with Legal Entities in Government ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  11. 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. PRBoA6b.mid-2007 through mid-2008Enforcement:PRBoA Legal Initiatives ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  12. 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 regulationssuch 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. PRBoA6b.mid-2007 through mid-2008Enforcement:PRBoA motu propio Administrative Investigations ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  13. 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]; • assist PRC & private complainant/s in the filing of a criminal case [PoP vs. an illegal practitioner/ non-registered and licensed architect (RLA)]; • 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 • 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). PRBoA6c.mid-2007 through mid-2008Enforcement:PRBoA Assistance to Complainants ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  14. mandatory registration of architectural firms(sole proprietorships nder DTI, partnerships, corporations, associations and joint ventures under SEC); • applications for the issuance of temporary/ special permits toforeign architects; • accreditation of CPD providers; • clients and media supporters of illegal practitioners chargeable with the offense of aiding and abetting the practice of an unregistered person; • specialization and classification of registered and licensed architects (RLAs); • creation of an organization to represent architectural firms; • creation of an organization for architectural alumni associations; • 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); • architectural documents to be prepared, signed and sealed solely by registered and licensed architects (RLAs); and • declare ALE flunkers, B.S. Architecture undergraduates and the like as illegal practitioners (if they work without an RLA) . PRBoA6d.early 2007 through late 2008Enforcement:PRBoA Resolutions Under Study, Drafted or Under PRC Review ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  15. 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; • 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; • amendment of the Local Government Code provision allowing Municipal or City Engineers to assume the position of Building Official); and • 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. PRBoA6e.mid-2007 through mid-2008Enforcement:PRBoA Legislative Initiatives ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  16. 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). PRBoA7. mid-2007 through mid-2008Enforcement:PRBoA Limitations ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  17. 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; • 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; • 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 • 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. PRBoA8a. Clear Understanding of Who RLAs/ the CEs Are ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  18. the Registered and Licensed Architect (RLA) submitted themselves to prescriptions of state policy, the illegal practitioners clearly violate the law; • RLAs are professionally accountable to the PRBoA and the PRC, the illegal practitioners are not; • RLAs have a mandatory civil liability (Art. 1723 of the Civil Code), the illegal practitioners have none; • 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 • the RLAs are not products of media and illusion, the illegal practitioners are. PRBoA8b.Clear Understanding of Who RLAs/ the Illegal Practitioners Are ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  19. 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; • Uphold R.A. No. 9266 by making representations/ lobbying hard in our individual capacities with government officials (who we know) againstother 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; • Instill in Your consciousness the desire and need to constantly advocate the practice and protect the profession. Be ready and willing tofight 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. PRBoA9. What to do as Registered & Licensed Architects (RLAs)? ____________________________________________________________________________________________________________________________________________________________________ The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

  20. 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. 9266by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

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