architecture pratice in philippine

Philippine PresentationPhilippine Presentation

Architectural Practice Architectural Practice in the Philippinesin the Philippines

and theand the Implication of Global Practice on Local PracticeImplication of Global Practice on Local Practice

APEC Architect ProjectAPEC Architect Project Central Council SecretariatCentral Council Secretariat

INTERNATIONAL CONFERENCE OF ARCHITECTS (INTERNATIONAL CONFERENCE OF ARCHITECTS (ICAICA)) Friday, October 8, 2010, 4:45 p.m. - 5:00 p.m. at the SMX, Pasay City, Metro ManilaFriday, October 8, 2010, 4:45 p.m. - 5:00 p.m. at the SMX, Pasay City, Metro Manila

Republic of the PhilippinesRepublic of the Philippines

Professional Regulation CommissionProfessional Regulation Commission ((PRCPRC) ) The Professional Regulatory Board of The Professional Regulatory Board of Architecture Architecture ((PRBoAPRBoA))

Ar Armando N. ALLAr Armando N. ALLÍÍ , apec ar, apec arActing Chairman, PRBoAActing Chairman, PRBoA

(Resource Person)(Resource Person)

PRBoA

www.architectureboard.ph

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Philippine Presentation OutlinePhilippine Presentation Outline1.0 1.0 The Philippine Legal FrameworkThe Philippine Legal Framework - - slideslide 3 3 1.1 The Philippine Architecture Law 1.1 The Philippine Architecture Law ((R.A. No. 9266R.A. No. 9266) -) - slideslide 4 4 1.2 P.D. No. 1096 1.2 P.D. No. 1096 ((1977 National Building Code of the Philippines/ NBCP1977 National Building Code of the Philippines/ NBCP ) -) - slideslide 5 5 1.3 How does R.A. No. 9266 1.3 How does R.A. No. 9266 ((The Architecture Act of 2004The Architecture Act of 2004) ) Relate to Other Laws? Relate to Other Laws? -- slideslide 6 6 1.4 MINIMUM QUALIFICATIONS under Philippine Law of Registered and Licensed Architects 1.4 MINIMUM QUALIFICATIONS under Philippine Law of Registered and Licensed Architects ((RLAsRLAs)) to to Prepare, Sign and Seal ARCHITECTURAL DOCUMENTS, specifically Architectural PLANS: Prepare, Sign and Seal ARCHITECTURAL DOCUMENTS, specifically Architectural PLANS: -- slideslide 7 7 1.5 R.A. No. 9266 PROVISION that only a Registered and Licensed Architect 1.5 R.A. No. 9266 PROVISION that only a Registered and Licensed Architect ((RLARLA)) shall Prepare, Sign & Seal shall Prepare, Sign & Seal ARCHITECTURAL DOCUMENTS ARCHITECTURAL DOCUMENTS -- slideslide 8 8 1.6 ARCHITECTURAL DOCUMENTS as Defined under Various IRRs Implementing Philippine Law 1.6 ARCHITECTURAL DOCUMENTS as Defined under Various IRRs Implementing Philippine Law ((and which Civil Engineers and other and which Civil Engineers and other

unregistered entities continue to prepare, sign and seal, apparently with the full support by many agents of the Government, albeit in willful violation of lawunregistered entities continue to prepare, sign and seal, apparently with the full support by many agents of the Government, albeit in willful violation of law )) -- slideslide 9 9 1.7 Civil Engineering Documents as defined under the 2004 IRR of the National Building Code of the Philippines1.7 Civil Engineering Documents as defined under the 2004 IRR of the National Building Code of the Philippines -- slideslide 10 10

2.0 2.0 The Philippine Executive Framework for Architectural PracticeThe Philippine Executive Framework for Architectural Practice -- slideslide 11 11 2.1 Which State Agency Regulates the Practice of Architecture? 2.1 Which State Agency Regulates the Practice of Architecture? -- slideslide 12 12 2.2 Status of the 2004 Revised IRR of P.D. No. 1096 2.2 Status of the 2004 Revised IRR of P.D. No. 1096 (the 1977 National Building Code of the Philippines/ (the 1977 National Building Code of the Philippines/ NBCPNBCP) -) - slideslide 13 13 2.3 Are there Legal Impediments to the Full Implementation and Enforcement of R.A. No. 9266 2.3 Are there Legal Impediments to the Full Implementation and Enforcement of R.A. No. 9266 ((The Architecture Act of The Architecture Act of

20042004))? ? -- slideslide 14 14 2.4 Over the last 4 years, what has the PRBoA Done to Ensure the Full Implementation and Enforcement of R.A. No. 9266?2.4 Over the last 4 years, what has the PRBoA Done to Ensure the Full Implementation and Enforcement of R.A. No. 9266?

3.0 3.0 Philippine Architectural Practice Philippine Architectural Practice ((and Practiceand Practice PreparationPreparation) ) in the Last 65 Yearsin the Last 65 Years -- slideslide 16 16 3.1 Clarity of State Policy for the Last 60 Years 3.1 Clarity of State Policy for the Last 60 Years -- slideslide 17 17 3.2 The Effect of the Non-Implementation of R.A. No. 9266 on Local Architectural Practice3.2 The Effect of the Non-Implementation of R.A. No. 9266 on Local Architectural Practice // on the Built Environmenton the Built Environment--slide slide 1818 3.3 Licensure Examination Syllabi, the Curriculum and Anticipation of Global Practice 3.3 Licensure Examination Syllabi, the Curriculum and Anticipation of Global Practice -- slideslide 19 19 3.4 Present Local Practice by Foreign Architects 3.4 Present Local Practice by Foreign Architects ((FAsFAs) -) - slideslide 20 20

4.0 4.0 Philippine Practice Scenario Under GATSPhilippine Practice Scenario Under GATS -- slideslide 21 215.0 5.0 Practice in An Ideal WorldPractice in An Ideal World -- slideslide 22 22

PRBoAPRBoA www.architectureboard.phwww.architectureboard.ph

Philippine Presentation Architectural Practice in the Philippines and the Implication of Global Practice on Local Practice, Saturday 08 October 2010 by the Philippine Presentation Architectural Practice in the Philippines and the Implication of Global Practice on Local Practice, Saturday 08 October 2010 by the PRBoAPRBoA

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Laws do not Operate in Isolation but Must Act in Full Interaction with Other Laws that are in Effect.


A Layman’s Appreciation A Layman’s Appreciation of Philippine Laws and of Philippine Laws and RegulationsRegulations

[[covering Laws covering Laws LowerLower than than the Philippine Constitution the Philippine Constitution and and LowerLower Than Than International Treaties/ International Treaties/ Agreements Agreements ((such as such as GATSGATS)), which may have the , which may have the power of Law only if duly power of Law only if duly ratified by the Philippine ratified by the Philippine Senate or by the duly Senate or by the duly authorized Executive Agents authorized Executive Agents of the Stateof the State]]

Philippine Presentation Architectural Practice in the Philippines and the Implication of Global Practice on Local Practice, Friday 08 October 2010 by the Philippine Presentation Architectural Practice in the Philippines and the Implication of Global Practice on Local Practice, Friday 08 October 2010 by the PRBoAPRBoA

1.0 1.0 The Philippine Legal Framework The Philippine Legal Framework

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The LawThe Law Everything lower than the R.A. are mere Executive Issuances

Laws and Regulations at the Local Government Unit (LGU) Level DO NOT have the same effect as National Laws

Self-Regulation is Encouraged by Gov’t

1.1 1.1 The Philippine Architecture Law The Philippine Architecture Law ((R.A. No. 9266R.A. No. 9266))a.a. R.A. No. 9266R.A. No. 9266 (The Architecture Act of 20042004) was signed into law on 17

March 2004 i.e. has been in in fullfull effect since 10 April 200 effect since 10 April 20044 (6.5 years);

b. implemented and enforced by the Professional Regulation Commission (PRC) and the Professional Regulatory Board of ArchitectureProfessional Regulatory Board of Architecture (PRBoA) thru representations with the executiveexecutive agencies and instrumentalities of the national and local governments i.e. NGAs, GOCCs, LGUs, etc.;

c. prescribes that ONLY registered and licensed architectsONLY registered and licensed architects ((RLARLAss)) and and other duly-permitted entities other duly-permitted entities ((such as FAs with TSPssuch as FAs with TSPs)) shall practice architecture for ALL buildings on Philippine soilfor ALL buildings on Philippine soil;

d. governs the practice of about 2626,000,000 Philippine-registeredregistered architects (PRAs) and approx. 1616,000 ,000 RLAsRLAs (+/-61% of PRAs), the only natural persons under Philippine law who can lawfullylawfully prepare, sign and seal ARCHITECTURALARCHITECTURAL documents documents (specifically Architectural Architectural PLANS, PLANS, designs, drawings and specificationsdesigns, drawings and specifications) .



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1.2 1.2 P.D. No. 1096P.D. No. 1096 ((1977 1977 National Building CodeNational Building Code of the Philippines/ NBCP of the Philippines/ NBCP)) a. Its AUTHENTIC Sec. 302 DOES NOT and NEVERDOES NOT and NEVER stated that Philippine

Civil Engineers (CEs) can sign or seal ARCHITECTURALARCHITECTURAL plans/ documents i.e. a matter that has been duly certifiedcertified by the National Printing Office (which publishes all lawspublishes all laws on the Official Gazette of the Philippine Government) and by the Malacañang Records Office (which safeguards allall documents promulgated by the Office of the President of the Philippines);

b. Its Sec. 302 also did NOTNOT state that Architects (PRAs or RLAs) shall sign or seal ARCHITECTURALARCHITECTURAL documents (which was later repealed by R.A. No. 92669266, The Architecture Act of 20042004); the separateseparate PRLs for Architects and CEs then in force were supposed to be followed; and

c. The NBCPNBCP is a valid and subsisting lawvalid and subsisting law i.e. in fullfull effect effect, remaining remaining unchanged since 1977unchanged since 1977, as duly certifiedcertified by the Malacañang Records Office in 2005 and 2009.



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a. R.A. No. 9266 is a special and later lawspecial and later law that contains implied and express repeal provisionsrepeal provisions that supposedly amends or supersedes all conflicting amends or supersedes all conflicting provisionsprovisions in other general, special or earlier laws such as: 1) P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP), 2) R.A. No. 544, as amended by R.A. No. 1582 (the Civil Engineering laws of 1950 and 1956), 3) R.A. No. 7160 (The Local Government Code of 1991), 4) R.A. No. 9184 (The Government Procurement Reform Act/ GPRA of 2003), 5) P.D. No. 957 (Condominium & Subdivision Buyer’s Law), 6) R.A. No. 9283 (The 1997 Intellectual Property Code of the Philippines), etc.b. R.A. No. 9266 is a professional regulatory law professional regulatory law ((PRLPRL).). Under Sec. 304.5.b of the authenticauthentic State (DPWH)-published 2004 Revised IRR (effective 01 May 2005), it was clearly intendedclearly intended for the PRLPRLss to be fully observed/ complied with in the implementation and enforcement of the 2004 Revised IRR of P.D. No. 1096 (1977 National Building Code of the Philippines/ NBCP).c. the professional practice of architecturepractice of architecture in the Philippines is a mere PRIVILEGE that can be taken away by the State for cause (after due process).



1.3 1.3 How does R.A. No. 9266 How does R.A. No. 9266 ((The Architecture Act of 2004The Architecture Act of 2004)) Relate to Other LawsRelate to Other Laws??

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a. B.S. a. B.S. ARCHITECTUREARCHITECTURE degree degree ((5-year course5-year course); ); b. b. 2 year2 year ((or equivalent 3,840 hoursor equivalent 3,840 hours)) of diversified experience in of diversified experience in architecture architecture ((DEADEA)) i.e. an i.e. an apprenticeshipapprenticeship program under a Mentor-RLA; program under a Mentor-RLA; c. c. a general average of 70% a general average of 70% ((as passing markas passing mark)) in the in the Licensure Licensure Examination for ArchitectsExamination for Architects ((LEALEA)) given by the PRC; given by the PRC; the LEA is ALL about the LEA is ALL about the ARCHITECTURAL planning & design of BUILDINGS, their grounds and the ARCHITECTURAL planning & design of BUILDINGS, their grounds and environsenvirons..d. d. Architect’s Certificate of Registration & PRC ID cardArchitect’s Certificate of Registration & PRC ID card, signature in the , signature in the Architect’s Registry Book and Recitation of the Architect’s Oath before the Architect’s Registry Book and Recitation of the Architect’s Oath before the PRC/ PRBoA;PRC/ PRBoA;e. e. membership in themembership in the integrated & accredited professional organization of integrated & accredited professional organization of architects architects ((IAPOAIAPOA); and); andf. f. continuing professional education/ developmentcontinuing professional education/ development (CPE/D) credit hours..



1.4 1.4 MINIMUM QUALIFICATIONSMINIMUM QUALIFICATIONS under Philippine Law under Philippine Law of Registered of Registered and Licensed Architects and Licensed Architects ((RLAsRLAs)) to Prepare, Sign and Seal to Prepare, Sign and Seal ARCHITECTURAL DOCUMENTSARCHITECTURAL DOCUMENTS, specifically Architectural PLANS:, specifically Architectural PLANS:

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SEC. 20SEC. 20. . Seal, Issuance and Use of SealSeal, Issuance and Use of Seal.. - A duly licensed architect shall affix the seal - A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant's name, registration number and title "Architect" prescribed by the Board bearing the registrant's name, registration number and title "Architect" on on all architecturalall architectural plans, drawings, specifications and plans, drawings, specifications and all otherall other contract documentscontract documents prepared by or under his/her direct supervision. xxxprepared by or under his/her direct supervision. xxx

(2) (2) No officer or employee of this RepublicNo officer or employee of this Republic, chartered cities, provinces and municipalities, chartered cities, provinces and municipalities , , now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings, construction or alteration of buildings, shall accept or approve any architectural plans or shall accept or approve any architectural plans or specifications which have not been prepared and submitted in full accord with all the specifications which have not been prepared and submitted in full accord with all the provisions of this Actprovisions of this Act ((R.A. No. 9266R.A. No. 9266); nor shall any payments be approved by any such officer ); nor shall any payments be approved by any such officer for any work, the plans and specifications for which have not been so prepared and signed and for any work, the plans and specifications for which have not been so prepared and signed and sealed by the author (referring to a registered/ licensed architect).sealed by the author (referring to a registered/ licensed architect).

All architecturalAll architectural plans, designs, specifications, drawings and architectural documentsplans, designs, specifications, drawings and architectural documents relative to the construction of a relative to the construction of a building shall bear the seal and signature building shall bear the seal and signature onlyonly of an of an architect registered and licensed under this Actarchitect registered and licensed under this Act together with his/her professional together with his/her professional identification card number and the date of its expiration.identification card number and the date of its expiration.



1.5 1.5 R.A. No. 9266 PROVISIONR.A. No. 9266 PROVISION that only a Registered and Licensed that only a Registered and Licensed Architect Architect ((RLARLA)) shall Prepare, Sign & Seal ARCHITECTURAL DOCUMENTS shall Prepare, Sign & Seal ARCHITECTURAL DOCUMENTS

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1.6 1.6 ARCHITECTURAL DOCUMENTSARCHITECTURAL DOCUMENTS as Defined under various as Defined under various IRRs implementing Philippine Law IRRs implementing Philippine Law ((and which Civil Engineers and and which Civil Engineers and other unregistered entities continue to other unregistered entities continue to prepare, sign and sealprepare, sign and seal, apparently with the , apparently with the full support by many agents of the Government, albeit in willful violation of lawfull support by many agents of the Government, albeit in willful violation of law ))

a. site development plan (SDP);b. architectural perspectives (exterior, interior & sectional) for

buildings;c. architectural c. architectural floorfloor, ceiling and roof PLANSPLANS for buildings; d. architectural sections and elevations for buildings; e. architectural detail designs and drawings; f. architectural interior (AIAI) plans, designs, etc.;g. architectural specifications [including schedules of finishes,

fixtures & (non-engineering equipment or FFE)]; andh. architectural estimates.



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1.7 1.7 Civil Engineering Documents as defined under the 2004 IRR Civil Engineering Documents as defined under the 2004 IRR of the 1977 National Building Code of the Philippinesof the 1977 National Building Code of the Philippines ((NBCPNBCP))

a. site civil works plan (including grading and drainage);b. foundationfoundation plan plan for buildings;c. floor, ceiling and roof structural framingframing plans plans for buildings; d. d. structuralstructural engineering sections and elevations for buildings; e. civil works & structuralstructural detail designs and drawings; f. civil works and structuralstructural engineering engineering design specifications,

schedules and computationscomputations; andg. civil works and structuralstructural engineering design estimates.



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2.0 2.0 Philippine Executive Framework Philippine Executive Framework for Architectural Practicefor Architectural Practice

a. the Executive Branch of the Philippine GovernmentExecutive Branch of the Philippine Government is supposed to implement and enforce the laws of the State;

b. the Department of Labor and EmploymentDepartment of Labor and Employment (DoLEDoLE), the Department of Public Works and Highways (DPWH), the Department of Justice (DoJ), the Department of Interior and Local Governments (DILG), and the Housing and Urban Development Coordinating Council (HUDCC), the 5 State agencies that primarily affectprimarily affect the implementation and enforcement of the law on the practice of Architecturelaw on the practice of Architecture in the Philippines (R.A. No. 9266R.A. No. 9266), are all headed by Cabinet-level Officials;

c. the Professional Regulation CommissionProfessional Regulation Commission (PRCPRC), which regulates the practice of the professions under the professional regulatory lawsprofessional regulatory laws (PRLPRLs), is presently directly under the DoLE; and

d. by law, the PRBoAPRBoA is under the administrative control and supervision of the PRCPRC, but is allowed to maintain a certain level of autonomy.



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a. The a. The Professional Regulation CommissionProfessional Regulation Commission (PRCPRC), which regulates the the practice of 45 professions under various professional regulatory laws professional regulatory laws ((PRLsPRLs), through the ), through the Professional Regulatory Board of ArchitectureProfessional Regulatory Board of Architecture ( (PRBoAPRBoA), ), are the only official entities are the only official entities mandated under Philippine lawmandated under Philippine law to regulate the to regulate the practice of Architecture locally.practice of Architecture locally.

b. The SecretarySecretary of the Department of Public Works and Highways ((DPWH), which implements and enforces the National Building Code of the Philippines (NBCPNBCP) is NOTNOT empowered by law to empowered by law to regulate regulate the practice of the profession the practice of the profession of Architecture.of Architecture.

c. In October 2009, in a meeting of the DPWH NBCRC and DPWH BoC with c. In October 2009, in a meeting of the DPWH NBCRC and DPWH BoC with the PRC and some PRBsthe PRC and some PRBs at the DPWH Central Office Operations Room, the at the DPWH Central Office Operations Room, the entities represented have entities represented have AGREEDAGREED that all professional practice-related that all professional practice-related issues shall be resolved by the PRCissues shall be resolved by the PRC, , NOTNOT by the DPWH.by the DPWH.



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2.1 2.1 Which State Agency Regulates the Practice of ArchitectureWhich State Agency Regulates the Practice of Architecture??

2.2 2.2 Status of the 2004 Revised IRR of P.D. No. 1096 Status of the 2004 Revised IRR of P.D. No. 1096

(the 1977 National Building Code of the Philippines/ (the 1977 National Building Code of the Philippines/ NBCPNBCP)) a. Promulgated by the DPWH October 2004October 2004 andand took effect 01 May 200501 May 2005;b. effectivity interruptedinterrupted by temporary restraining orders (TROTROs) and a

preliminary injunctionpreliminary injunction secured by civil engineers (CEs) on the basis of the wrongly wordedwrongly worded text text of Sec. 302Sec. 302 of P.D. No. 1096, purportingpurporting that CEs can sign and seal ARCHITECTURALARCHITECTURAL PLANS PLANS/ documents;

c. injunction injunction LIFTED/ DISSOLVEDLIFTED/ DISSOLVED through a Court Decision through a Court Decision promulgated early 2008; despite the apparent executoryexecutory nature of the Court Order in said Decision, the DPWH and DILG LGUs refusedrefused to comply; and

d. the CEs then elevated the case to the Court of Appeals (CACA), which to date has not issued their petitioned TRO or injunction; to date, the DPWH still refusesstill refuses to comply with the 2008 Court Decision; contrast this with the DPWH action in 2005 when the DPWH immediately immediately compliedcomplied with the Court’s TROs and preliminary injunction ((already already DISSOLVED in 2008DISSOLVED in 2008))..



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NONE whatsoeverNONE whatsoever !!! !!!

NONO TRO on any of its provisions TRO on any of its provisions ((from 10 April 200from 10 April 20044 to date/ to date/ 08 Oct08 Oct 2010 2010)). .

NONO Injunction on any of its provisions Injunction on any of its provisions ((from 10 April 2004 to datefrom 10 April 2004 to date)). .

NONO Pending Constitutional Question on any of its provisions. Pending Constitutional Question on any of its provisions.

R.A. No. R.A. No. 92669266 has been a has been a valid and subsisting law valid and subsisting law since 10 April 2004since 10 April 2004 and and mandates its mandates its implementation and enforcementimplementation and enforcement by by ALLALL national and local national and local government officials of the Philippine Government.government officials of the Philippine Government.

HasHas a codified/ coherent set of implementing rules and regulations a codified/ coherent set of implementing rules and regulations ((IRRIRR)) to to guide the guide the executiveexecutive branch of the Philippine Government branch of the Philippine Government ((at all its levelsat all its levels))

in the full and proper implementation and enforcement of in the full and proper implementation and enforcement of R.A. No. R.A. No. 92669266..



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2.3 Are there Legal Impediments to the Full Implementation and 2.3 Are there Legal Impediments to the Full Implementation and Enforcement of R.A. No. 9266 Enforcement of R.A. No. 9266 ((The Architecture Act of 2004The Architecture Act of 2004))??

a.a. officially called the attentionofficially called the attention of the violating Philippine Government of the violating Philippine Government agencies and officials agencies and officials and the need to and the need to harmonizeharmonize laws affecting the practice; laws affecting the practice;b. b. officially warnedofficially warned violating Philippine Government agencies and officials violating Philippine Government agencies and officials of the possible consequences of their apparently continuing, willful and of the possible consequences of their apparently continuing, willful and potentially concerted violations of law;potentially concerted violations of law; c. c. official correspondence, liaison and dialogueofficial correspondence, liaison and dialogue with State legislators, with State legislators, various identified stakeholders including the academe, Government various identified stakeholders including the academe, Government agencies and officials, media and other concerned entities;agencies and officials, media and other concerned entities; d.d. craftedcrafted implementing rules/ regulations,implementing rules/ regulations, resolutions and derivative resolutions and derivative instruments to effect the proper implementation of law; andinstruments to effect the proper implementation of law; ande. e. suedsued violating Philippine Government officials and private entities violating Philippine Government officials and private entities ((benefiting from their apparently unlawful actsbenefiting from their apparently unlawful acts)) for graft-related offenses for graft-related offenses relative to their apparent willful and concerted violations of law.relative to their apparent willful and concerted violations of law.



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2.4 Over the last 4 Years, what has the PRBoA Done to Ensure 2.4 Over the last 4 Years, what has the PRBoA Done to Ensure the Full Implementation and Enforcement of R.A. No. 9266the Full Implementation and Enforcement of R.A. No. 9266??



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a.a. from from 1945 through 1950, NON-Architects1945 through 1950, NON-Architects (including about 1,800 civil engineers/ CEs(including about 1,800 civil engineers/ CEs)) were were allowed allowed to render portions of the scope of the practice of Architectureto render portions of the scope of the practice of Architecture in the Philippines as part of the post-in the Philippines as part of the post-World War II reconstruction effort i.e. only about 300 Architects were around at the time;World War II reconstruction effort i.e. only about 300 Architects were around at the time;b. over the last 65 years, the Architects in the Philippines generally confined their involvement b. over the last 65 years, the Architects in the Philippines generally confined their involvement mainly to the space planning/ programming, design, contract documentation and construction mainly to the space planning/ programming, design, contract documentation and construction supervision for all forms of supervision for all forms of habitable buildingshabitable buildings but the Architects have also largely participated in but the Architects have also largely participated in various forms of physical planning work, including land use/ transportation planning; various forms of physical planning work, including land use/ transportation planning; c. Philippine-trained and certified/ licensed Architects are now engaged in various capacities relating c. Philippine-trained and certified/ licensed Architects are now engaged in various capacities relating to the supply of architectural services/ expertise in many countries, chiefly in the Middle East and on to the supply of architectural services/ expertise in many countries, chiefly in the Middle East and on either side of the Pacific Ocean (primarily in the USA, Canada Hong Kong & Singapore).either side of the Pacific Ocean (primarily in the USA, Canada Hong Kong & Singapore).d. in the 1990s, the practices of interior design (but d. in the 1990s, the practices of interior design (but NOTNOT the design of the design of architectural interiorsarchitectural interiors/ / AIAI) and ) and of landscape architecture were segregated from architectural practice; and in 2004, detailed of landscape architecture were segregated from architectural practice; and in 2004, detailed

structural engineering design was also segregated from practice;structural engineering design was also segregated from practice; e. with limited successes ate. with limited successes at legislation, advocacy work and generating public awareness/ supportlegislation, advocacy work and generating public awareness/ support coupled with the very visiblecoupled with the very visible failurefailure of the Government to implement and enforce its own law, theof the Government to implement and enforce its own law, the litigationlitigation of R.A. No. 9266 violators by the PRBoA of R.A. No. 9266 violators by the PRBoA ((and by individual/ grouped RLAsand by individual/ grouped RLAs)) while while admittedly time-consuming and costly, now appears to be the last viable resort to finally admittedly time-consuming and costly, now appears to be the last viable resort to finally implement implement and enforce the lawand enforce the law. Eventually, . Eventually, lawyers/ judges may also have to be suedlawyers/ judges may also have to be sued as part of this effort. as part of this effort.

3.0 3.0 Philippine Architectural Practice Philippine Architectural Practice ((and Practiceand Practice PreparationPreparation) ) in the Last 65 Yearsin the Last 65 Years



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a. Over the years 2002 through 2009, the Philippine CongressCongress (the legislativelegislative

branch of Government), the Court Court (representing the judicial branch of Government) and the Departments of Justice and Public WorksDepartments of Justice and Public Works// DoJ DoJ// DPWH DPWH (representing the

executive branch of Government) have all ruled in favor of the Architectshave all ruled in favor of the Architects, without fail;

b. despite the clear spirit and intent of the State, as enunciated in its policies/ laws passed as early as 1950, the ExecutiveExecutive Branch of Branch of Government,Government, for the last 6 decades, continually allows NONNON-Architects (specifically CEs) to prepare, sign and seal ARCHITECTURAL ARCHITECTURAL DOCUMENTSDOCUMENTS in direct violation of law. Apparently however, the concerned CEs ((who are who are neither academically trained nor officially tested by the Stateneither academically trained nor officially tested by the State for proficiency in/ for proficiency in/ knowledge of Architectureknowledge of Architecture)) are able to do the same only with the unlawful aid extended persons with very limited knowledge of architecture i.e. students, graduates of architecture or drafting courses or failed licensure examinees, who are induced by supposedly high pay offered by the concerned CEs.

3.1 3.1 Clarity of State Policy for the Last 60 YearsClarity of State Policy for the Last 60 Years



a. TruncatedTruncated architectural planning and design process architectural planning and design process i.e. to cut costs, key pre-design services such as space planning/ architectural programming are either minimized or eliminated, resulting in poorly planned solutions, thereafter masked in aesthetics; on many projects (done by NONNON--Architects), the situation has also resulted in the full reversal of the design processdesign process i.e. focus on the design first, and then on the plan later, forgetting the all-important research aspects (which are the actual bases for the plan and design);b. The model adopted by the Government for its public architecturalarchitectural consulting serviceconsulting service procurementprocurement (R.A. No. 9184) is notnot the one ideal for Government buildings; both the procurement law and its IRR were apparently crafted with little to no consultation done with RLAs.c. Widespread violations of the 1977 National Building Code Widespread violations of the 1977 National Building Code ((P.D. No. 1096P.D. No. 1096)), the 2008 Fire , the 2008 Fire Code Code ((R.A. No. 9514R.A. No. 9514)),, and the Accessibility Law and the Accessibility Law ((B.P. No. 344B.P. No. 344)),, due to work done by NONNON-Architects (accepted/ processed/ officially condoned by the Government in contraventioncontravention of its own laws), violations of legal easements and the illegal usage of the public domain (primarily the RROWs), compounded and constant threats from natural calamities (exacerbated by improper/ illegal man-made structures, particularly informal settlements informal settlements along waterwaysalong waterways and and oversized non-mobile billboardsoversized non-mobile billboards)), thereby , thereby compromising the safety, compromising the safety, security/ privacy and comfortsecurity/ privacy and comfort ofof building occupants/ public domain usersbuilding occupants/ public domain users/ / general publicgeneral public.

3.2 3.2 The Effect of the Non-Implementation of R.A. No. 9266 The Effect of the Non-Implementation of R.A. No. 9266 on Local Architectural Practice/ on the Built Environmenton Local Architectural Practice/ on the Built Environment

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a. While already considered part of the knowledge/ competency-based testing at the State licensure examination for architects (LEALEA), the basic academic instruction on Philippine construction, development, construction, development, environmental and building laws and their rules and regulationsenvironmental and building laws and their rules and regulations must officially constitute a good part of the 5-year academic program;b. Academic research and instruction on specific overseas building lawsoverseas building laws/ regulations and on generic architectural practices overseasgeneric architectural practices overseas may also make up part of the 5-year academic program; some foreign languageforeign language courses may also need to become electives; and c. The Mentor-based apprenticeshipapprenticeship program required for completion by aspirants prior to taking the LEA must be thoroughly supervised by the IAPOAIAPOA to ensure the quality of the 2-year training mandated by law; it may necessarily include involvement with architectural projects on foreign soil or collaboration with FAs on Philippine projects;

3.3 3.3 Licensure Examination Syllabi, the Curriculum Licensure Examination Syllabi, the Curriculum and Anticipation of Global Practiceand Anticipation of Global Practice



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a.a. APEC Architect RegistryAPEC Architect Registry, initially via a , initially via a collaborativecollaborative mode mode ((whereby a whereby a Filipino registered and licensed Architect/ Filipino registered and licensed Architect/ RLA must partner with a Foreign Architect/ must partner with a Foreign Architect/ FAFA if the FA is to work on an architectural project if the FA is to work on an architectural project on Philippine soilon Philippine soil)); ;

b.b. ASEAN Mutual Recognition Agreement ASEAN Mutual Recognition Agreement ((MRAMRA)), also, also via via collaborationcollaboration;; c.c. ReciprocityReciprocity on the basis of absolute terms of on the basis of absolute terms of equality in academic in academic and/or training credential evaluation, licensure and certification i.e. as and/or training credential evaluation, licensure and certification i.e. as provided by the concerned laws; provided by the concerned laws; d.d. Other Modes Other Modes ((including including electronic or virtual practiceselectronic or virtual practices subject to the subject to the application of Philippine laws such as the Electronic Commerce Act and application of Philippine laws such as the Electronic Commerce Act and R.A. No. 9266R.A. No. 9266, and other practice modes by/ for FAs still to be discovered, , and other practice modes by/ for FAs still to be discovered, proposed, developed or agreed upon by the countries concernedproposed, developed or agreed upon by the countries concerned); under ); under this category falls thethis category falls the illegalillegal practice of FAs collaborating with non-RLAs; practice of FAs collaborating with non-RLAs; e. e. Only FAs as as natural personsas natural persons, and NOTNOT as firms or juridical entitiesjuridical entities are issued Temporary/ Special Permits (TSPTSPs) to work in the Philippines; & f. Duly-qualified BPO or KPO firmsBPO or KPO firms engaged in the provision of architecturalarchitectural services must be registered with the DTI/ SEC and with the PRC/ PRBoA as mandated under law.

3.4 3.4 Present Local Practice by Foreign Architects Present Local Practice by Foreign Architects ((FAsFAs))



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a. GATS is widely perceived by RLAs to be able toa. GATS is widely perceived by RLAs to be able to complement complement the Local the Local Practice of FAs under the APEC Architect Registry, ASEAN MRA, APEC Architect Registry, ASEAN MRA, Reciprocity and Other Modes;Reciprocity and Other Modes;

b. Many RLAs will offer various forms of architectural services to foreign b. Many RLAs will offer various forms of architectural services to foreign clients by doing the work right here in the Philippines;clients by doing the work right here in the Philippines;

c. More knowledge process outsourcing (KPOKPO)) firms firms engaged in the provision of architecturalarchitectural services for overseas projects are expected to base in the Philippines; and

d. since an d. since an FAFA may practice under GATS without an RLA, such may practice under GATS without an RLA, such FAsFAs, in their , in their individual/ personal capacities must individual/ personal capacities must assume the requisite responsibilities, assume the requisite responsibilities, undertakings and liabilitiesundertakings and liabilities as a as a natural person (and NOT as a juridical person) under Philippine civil law (for a period of from 15 to 25 years).

4.0 4.0 Philippine Practice Scenario Under GATSPhilippine Practice Scenario Under GATS



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In an ideal world where the Law is faithfully implemented and enforcedideal world where the Law is faithfully implemented and enforced:

a. Architects would NOTNOT have to compete for the market side by side with illegallyillegally practicing entities, who should actually be jailed or fined in full accordance with law; b. Architects can better their craft by focusing on specializationsspecializations/ specialized practices;c. Architects can play a greater role in the planning and urban design of planning and urban design of the public domainthe public domain (chiefly the road rights-of-way/ RROWRROWs), and by extension, technical assistance for the protection of the natural and built environments through their faithful adherence to development, development, environmnetal and building lawsenvironmnetal and building laws; d. Architects can pay better attention to research and developmentresearch and development relative to their offered/ contracted services;e. Practicing Architects can have a fuller participation in the academic fuller participation in the academic preparation of future architectspreparation of future architects.

5.0 5.0 In An Ideal WorldIn An Ideal World

Thank YouThank You

and aand a

Pleasant Afternoon to All !!!Pleasant Afternoon to All !!!

PRBoA www.architectureboard.ph


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