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Local Planning, Design, Construction & Development, Land & Building Use and the

PRBoA. Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities and as All These Relate to the Full Implementation & Enforcement of R.A. No. 9266 (The Architecture Act of 2004) , its IRR and Derivative Regulations

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Local Planning, Design, Construction & Development, Land & Building Use and the

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  1. PRBoA Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities and as All These Relate to the Full Implementation & Enforcement of R.A. No. 9266 (The Architecture Act of 2004), its IRR and Derivative Regulations 13 - 14 March 2008 WORLDBEX 13 World Trade Center, Pasay City, Metropolitan Manila, PH by the PRC Professional Regulatory Board of Architecture (PRBoA) Archt. Armando N. ALLÍ, fuap, aaif Chairman, PRBoA (Presentor)

  2. PRBoA A Layman’s Model of Philippine Laws (Laws Lower than the Philippine Constitution and Lower Than International Treaties/ Agreements Ratified by the Philippine Senate) ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor) Laws do not Operate in Isolation but Must Act in Full Interaction with Other Laws that are in Effect.

  3. PRBoA Valid & Subsisting Philippine Laws on Physical Planning and Land Development(Master Development Planning, Subdivision Planning, Site Planning, etc.): 1) P.D. No. 957 & its IRR (governing subdivisions and condo- miniums, as implemented by the HLURB and related agencies);2) B.P. No. 220 & its IRR (governing socialized housing, as implemented by the HLURB and various agencies); 3) R.A. No. 8289 & its IRR (governing informal settlers, as implemented by various agencies);4) P.D. No. 1308 & its IRR (governing the practice of the regulated profession of environmental planning, as implemented by the PRCand the Professional Regulatory Board of Environmental Planning/PRBoEP);5) R.A. No. 9266 & its IRR (governing the practice of the regulated profession of architecture and site planning, as implemented by the PRC and the Professional Regulatory Board of Architecture/PRBoA). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  4. PRBoA Valid & Subsisting Philippine Laws on the Preparation of ARCHITECTURAL Plans and Designs(Space/Architectural Plans, Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors): 1) R.A. No. 9266 (The Architecture Act of 2004) & its 2004 IRR(governing the practice of the regulated profession of architecture and architectural interiors, as implemented by the PRC and the Professional Regulatory Board of Architecture/PRBoA); 2) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRR(governing the minimum site planning, architectural and architectural interior standards to be satisfied in the architectural, engineering and allied planning and design of buildings (structures for human habitation), as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs);the 2004 Revised IRR is in full effect.3) P.D. No. 1185 & its IRR(Fire Code of the Philippines, as implemented by the DILG thru the LGU Fire Marshals); and 4) B.P. No. 344 & its IRR(Law on Accessibility for Disabled Persons), as implemented by various agencies). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  5. PRBoA Valid & Subsisting Philippine Laws on the Execution/ Implementation (CONSTRUCTION) of SUBDIVISION or BUILDING Plans/Designs1) R.A. No. 4566 : The Contractor’s License Law of 1965 & its IRR(governing the regulated business of constructing, as implemented by the DTI through its CIAP and PCAB);2) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRR(governing the minimum construction standards to be satisfied in the execution of buildings or related structures for access and utilities, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs);the entire Revised IRR is in full effect;3) Various Environmental Laws & IRRs(satisfaction of pre-requisites to Development/Building Permit issuance by the LGUs 4) R.A. No. 9184 (The Government Procurement Reform Act of 2003) & its 2004 IRR(in the case of public sector procurement processes, as implemented by the GPPB thru the various agency & LGU BACs). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  6. PRBoA VERY IMPORTANT STATEMENTS FROM THE 29 JANUARY 2008 DECISION PROMULGATED BY THE MANILA RTC BRANCH 221) DISMISSES the 2005 PETITION filed by the PICE, et. al.Against the DPWH Secretary and against the 2004 Revised IRR of P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) specifically Secs. 302.3 and 302.4 which concern ARCHITECTURAL DOCUMENTS;2) DISSOLVES the 24 May 2005 INJUNCTION secured by the PICE, et. al. against the implementation by the DPWH of Secs. 302.3 and 302.4 of the 2004 Revised IRR of P.D. No. 1096 (The NBCP); and3) DECLARES as VALID AND CONSTITUTIONAL Secs. 302.3 and 302.4 of the 2004 Revised IRR of P.D. No. 1096 i.e. which have already been HARMONIZED with R.A. No. 9266 as early as 2004. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  7. PRBoA Valid & Subsisting Philippine Laws on the POST-CONSTRUCTION Activities Relative to SUBDIVISION or BUILDING Projects1) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRR(governing the minimum inspection and building occupancy standards to be satisfied, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); the entire 2004 Revised IRR is in full effect; and 2) R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004), E.O. No. 1008 (The Construction Industry Arbitration Law)& their Respective IRRs(for the settlement of consulting or construction- related disputes, as implemented by the DTI and the CIAP thru the Construction Industry Arbitration Commission/ CIAC). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  8. PRBoA Valid & Subsisting Philippine Laws on ALL PHASES OR STAGES OF ACTIVITYRelative to Any SUBDIVISION or BUILDING Project1) The Revised Penal Code & its IRR;2) The New Civil Code (1954) and its IRR; 3) Tax Laws;4) R.A. No. 7160 (The Local Government Code);5) The Various Environmental Laws; 6) R.A. 8981 (The PRC Modernization Act of 2000) and its IRR; 7) the Pertinent Professional Regulatory Laws (such as R.A. No. 9266); and8) the applicable LGU Ordinances. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  9. PRBoA What are the Key Provisions of R.A. No. 9266(The Architecture Act of 2004) which are in Full Effect?1) Only Registered and Licensed Architects (RLAs) i.e. those holding valid PRC Certificates of Registration and PRC ID cards (licenses) shall prepare, sign and dry seal ARCHITECTURAL DOCUMENTS i.e. architectural plans, designs, drawings, specifications and the like, to the TOTAL EXCLUSION of all other entities, including other regulated professionals such as Civil Engineers (CEs); and2) Since there is NO TRO, NO INJUNCTION and NO pendingquestion on the constitutionality of ANY of the provisions of R.A. No. 9266, ALL national and local government officials, particularlythe DPWH Secretary and the LGU Building Officials, must fullyand unconditionally implement (and/or enforce) R.A. No. 9266, under pain of severe sanctions. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  10. PRBoA Is an individual’s practice of a Regulated Profession a RIGHT?NO. It was never a right. The practice by individuals of any of the 43 regulated professions under the PRC is a mere PRIVILEGE that can be taken away by the state for valid cause/s and only after due process. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  11. PRBoA Can Professional Firms Practice a Regulated Profession in the Philippines?NO. Only individuals can legally practice the regulated professions in the Phils. However, such registered & licensed individuals may collectively engage in group practice as a Firm.Some regulated professions such as architecture & environmental planning also require the separate registration with the PRC of such firms. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  12. PRBoA Can foreign individuals or firms practice a Regulated Profession in the Philippines?Yes, but only after the satisfaction of many conditions prescribed by law. In the case of foreign architects, they must only be as individuals in possession of a PRC-issued Special/ Temporary Permit to Practice Architecture to be secured by their Employer or Client. There must also be a counterpart Filipino Registered & Licensed Architect (RLA) who shall be professionally responsible to the PRC for the foreign architect’s work and who also shall sign and seal the architectural documents and therefore assume the civil liability prescribed by Article 1723 of the Civil Code. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  13. PRBoA What Does Article 1723 of the Civil Code Say?That Architects, Engineers and Contractors have separate or joint civil liabilities for the buildings/ structures that they plan, design and erect. There is a prescription period of fifteen (15) years, usually reckoned from time of occupancy. There is also an additional period of ten (10) years from instance of discovery of the design or construction defect, within which the Client can file a civil complaint. Is the Assumption of Civil Liability Compensated?Yes in the case of Architects. About 5% of the Architect’s Fee is for the signing and sealing of the architectural documents ONLY and for the assumption of civil liability for the architectural components of the project ONLY. ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  14. PRBoA General Types of Cases Filed for Violations of Valid & Subsisting Philippine Laws such as RA 9266: 1) ADMINISTRATIVE (where penalties sought against the Respondent/s include the suspension and/or revocation of licenses/permits/accreditation/certification/recognition, etc. issued by any national or local government entity or suspension/removalfrom office in case of pblic sector entities);2) CRIMINAL (where penalties sought against the Respondent/s include fines payable to the state and imprisonment as provided for under the law/s violated which may include offenses under the Revised Penal Code); AND3) CIVIL (where penalties sought against the Respondent/s include the payment for various forms of damages or restitution as provided for or which may include offenses under the New Civil Code). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  15. PRBoA Who Can Sue and Get Sued for Violations of Valid & Subsisting Philippine Laws such as R.A. No. 9266? ALL OF US in our natural persons/ personal capacities or as part of a juridical entity (person created under law) can sue or can be sued. Thus, even Registered and Licensed Architects (RLAs) can be sued for violation/s of their very own law (R.A. No. 9266). ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

  16. PRBoA Thank You and a Pleasant Morning to You All! ________________________________________________________________________________________________________________________________________________________________________________ Local Planning, Design, Construction & Development, Land & Building Use and the Laws that Govern Such Activities by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

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