local planning, design, construction & development, land & building use and the

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 2008WORLDBEX 13World 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)

PRBoA

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

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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)

PRBoAPRBoA

A Layman’s Model of Philippine Laws

(Laws Lower than the Philippine Constitution and Lower Than International Treaties/ Agreements Ratified by the Philippine Senate)

Valid & Subsisting Philippine Laws on Valid & Subsisting Philippine Laws on Physical Planning Physical Planning and Land Developmentand Land Development ((Master Development PlanningMaster Development Planning, , Subdivision Planning, Site Planning, etc.Subdivision Planning, Site Planning, etc.)): : 1) 1) P.D. No. 957 & its IRRP.D. No. 957 & its IRR (governing subdivisions and condo- (governing subdivisions and condo- miniums, as implemented by the HLURB and related agencies); miniums, as implemented by the HLURB and related agencies);2) 2) B.P. No. 220 & its IRRB.P. No. 220 & its IRR (governing socialized housing, (governing socialized housing, as implemented by the HLURB and various agencies); as implemented by the HLURB and various agencies); 3) 3) R.A. No. 8289 & its IRRR.A. No. 8289 & its IRR (governing informal settlers, (governing informal settlers, as implemented by various agencies); as implemented by various agencies);4) 4) P.D. No. 1308 & its IRRP.D. No. 1308 & its IRR (governing the practice of the regulated (governing the practice of the regulated profession of environmental planning, as implemented by the PRC profession of environmental planning, as implemented by the PRC and the Professional Regulatory Board of Environmental Planning/PRBoEP);and the Professional Regulatory Board of Environmental Planning/PRBoEP);

5) 5) R.A. No. 9266 & its IRRR.A. No. 9266 & its IRR (governing the practice of the regulated (governing the practice of the regulated profession of architecture and site planning, as implemented by profession of architecture and site planning, as implemented by the PRC the PRC and the Professional Regulatory Board of Architecture/PRBoA).and the Professional Regulatory Board of Architecture/PRBoA). ____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

Valid & Subsisting Philippine Laws on the Valid & Subsisting Philippine Laws on the Preparation of Preparation of ARCHITECTURALARCHITECTURAL Plans and Designs Plans and Designs ((Space/Architectural Plans, Space/Architectural Plans, Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors): Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors):

1) 1) R.A. No. 9266 (The Architecture Act of 2004) & its 2004 IRRR.A. No. 9266 (The Architecture Act of 2004) & its 2004 IRR (governing the practice of the regulated profession of architecture and(governing the practice of the regulated profession of architecture and architectural interiors, as implemented by the PRC and the Professional architectural interiors, as implemented by the PRC and the Professional Regulatory Board of Architecture/PRBoA); Regulatory Board of Architecture/PRBoA);

2) 2) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum(governing the minimum site planning, architectural and architectural interior standards to be satisfied site planning, architectural and architectural interior standards to be satisfied in the architectural, engineering and allied planning and design of buildings in the architectural, engineering and allied planning and design of buildings (structures for human habitation), (structures for human habitation), as implemented by the DPWH through the as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); LGU Offices of Building Officials/ OBOs); the 2004 Revised IRR is in full effectthe 2004 Revised IRR is in full effect..

3) 3) P.D. No. 1185 & its IRRP.D. No. 1185 & its IRR (Fire Code of the Philippines, as implemented by(Fire Code of the Philippines, as implemented by the DILG thru the LGU Fire Marshals); and the DILG thru the LGU Fire Marshals); and

4) 4) B.P. No. 344 & its IRRB.P. No. 344 & its IRR (Law on Accessibility for Disabled Persons), as (Law on Accessibility for Disabled Persons), as implemented by various agencies). implemented by various agencies).____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

Valid & Subsisting Philippine Laws on the Valid & Subsisting Philippine Laws on the Execution/ Execution/ Implementation (CONSTRUCTION) of Implementation (CONSTRUCTION) of SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Plans/Designs Plans/Designs

1) 1) R.A. No. 4566 : The Contractor’s License Law of 1965 & its IRRR.A. No. 4566 : The Contractor’s License Law of 1965 & its IRR (governing the regulated (governing the regulated businessbusiness of constructing, as implemented by the DTI of constructing, as implemented by the DTI through its CIAP and PCAB); through its CIAP and PCAB);

2) 2) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum(governing the minimum construction standards to be satisfied in the execution of buildings or related construction standards to be satisfied in the execution of buildings or related structures for access and utilities, as implemented by the DPWH through the structures for access and utilities, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); LGU Offices of Building Officials/ OBOs); the entire Revised IRR is in full effect;the entire Revised IRR is in full effect;

3) 3) Various Environmental Laws & IRRsVarious Environmental Laws & IRRs (satisfaction of pre-requisites(satisfaction of pre-requisites to Development/Building Permit issuance by the LGUs to Development/Building Permit issuance by the LGUs

4) 4) R.A. No. 9184 (The Government Procurement Reform Act of R.A. No. 9184 (The Government Procurement Reform Act of 2003) & its 2004 IRR2003) & its 2004 IRR (in the case of public sector procurement processes, (in the case of public sector procurement processes, as implemented by the GPPB thru the various agency & LGU BACs). as implemented by the GPPB thru the various agency & LGU BACs). ____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

VERY IMPORTANT STATEMENTS VERY IMPORTANT STATEMENTS FROM THE FROM THE 29 JANUARY 2008 DECISION PROMULGATED BY 29 JANUARY 2008 DECISION PROMULGATED BY THE MANILA RTC BRANCH 22THE MANILA RTC BRANCH 22

1) 1) DISMISSES the 2005 PETITION filed by the PICEDISMISSES the 2005 PETITION filed by the PICE, et. al., et. al. Against Against the DPWH Secretary and against the 2004 Revised IRR of P.D. No. the DPWH Secretary and against the 2004 Revised IRR of P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) 1096 (The 1977 National Building Code of the Philippines/ NBCP) specifically Secs. 302.3 and 302.4 which concern specifically Secs. 302.3 and 302.4 which concern ARCHITECTURAL ARCHITECTURAL DOCUMENTSDOCUMENTS;;

2) 2) DISSOLVES the 24 May 2005 INJUNCTION secured by the DISSOLVES the 24 May 2005 INJUNCTION secured by the PICEPICE, et. al. against the implementation by the DPWH of Secs. 302.3 , 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); andand 302.4 of the 2004 Revised IRR of P.D. No. 1096 (The NBCP); and

3) 3) DECLARES as VALID AND CONSTITUTIONALDECLARES as VALID AND CONSTITUTIONAL Secs. 302.3 and Secs. 302.3 and 302.4 of the 2004 Revised IRR of P.D. No. 1096 302.4 of the 2004 Revised IRR of P.D. No. 1096 i.e. which have i.e. which have already been already been HARMONIZED with R.A. No. 9266HARMONIZED with R.A. No. 9266 as early as 2004. as early as 2004. ____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

Valid & Subsisting Philippine Laws on the Valid & Subsisting Philippine Laws on the POST-POST-CONSTRUCTION Activities Relative to CONSTRUCTION Activities Relative to SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Projects Projects

1) 1) P.D. No. 1096 (The 1977 National Building Code of the P.D. No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) & its 2004 Revised IRRPhilippines/ NBCP) & its 2004 Revised IRR (governing the minimum(governing the minimum inspection and building occupancy standards to be satisfied, as implemented by inspection and building occupancy standards to be satisfied, as implemented by the DPWH through the LGU Offices of Building Officials/ OBOs); the DPWH through the LGU Offices of Building Officials/ OBOs); the entire the entire 2004 Revised IRR is in full effect2004 Revised IRR is in full effect; and ; and

2) 2) R.A. No. 9285 (The Alternative Dispute Resolution Act of R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004), E.O. No. 1008 (The Construction Industry Arbitration Law)2004), E.O. No. 1008 (The Construction Industry Arbitration Law) & their Respective IRRs& their Respective IRRs (for the settlement of consulting or construction-(for the settlement of consulting or construction- related disputes, as implemented by the DTI and the CIAP thru the related disputes, as implemented by the DTI and the CIAP thru the Construction Industry Arbitration Commission/ CIAC). Construction Industry Arbitration Commission/ CIAC).

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PRBoA PRBoA

Valid & Subsisting Philippine Laws on Valid & Subsisting Philippine Laws on ALL PHASES OR ALL PHASES OR STAGES OF ACTIVITYSTAGES OF ACTIVITY Relative to Any Relative to Any SUBDIVISION or SUBDIVISION or BUILDINGBUILDING Project Project 1) The Revised Penal Code & its IRR;1) The Revised Penal Code & its IRR; 2) The New Civil Code (1954) and its IRR; 2) The New Civil Code (1954) and its IRR; 3) Tax Laws;3) Tax Laws;4) R.A. No. 7160 (The Local Government Code);4) R.A. No. 7160 (The Local Government Code);5) The Various Environmental Laws; 5) The Various Environmental Laws; 6) R.A. 8981 (The PRC Modernization Act of 2000)6) R.A. 8981 (The PRC Modernization Act of 2000) and its IRR; and its IRR; 7) the Pertinent Professional Regulatory Laws 7) the Pertinent Professional Regulatory Laws (such as R.A. No. 9266); and (such as R.A. No. 9266); and8) the applicable LGU Ordinances.8) the applicable LGU Ordinances.____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

What are the Key Provisions of What are the Key Provisions of R.A. No. 9266R.A. No. 9266 (The (The Architecture Act of 2004)Architecture Act of 2004) which are in which are in FullFull Effect? Effect? 1) Only 1) Only Registered and Licensed ArchitectsRegistered and Licensed Architects ( (RLAsRLAs) i.e. those holding) i.e. those holding valid PRC Certificates of Registration and PRC ID cards (licenses) valid PRC Certificates of Registration and PRC ID cards (licenses) shall prepare, sign and dry seal shall prepare, sign and dry seal ARCHITECTURAL DOCUMENTSARCHITECTURAL DOCUMENTS i.e. i.e. architecturalarchitectural plans, designs, drawings, specifications and the plans, designs, drawings, specifications and the like, like, to the to the TOTAL EXCLUSIONTOTAL EXCLUSION of all other entities of all other entities, including, including other regulated professionals such as Civil Engineers (CEs); and other regulated professionals such as Civil Engineers (CEs); and

2) Since there is 2) Since there is NO TRO, NO INJUNCTION and NO pendingNO TRO, NO INJUNCTION and NO pending question on the constitutionalityquestion on the constitutionality of ANY of the provisions of R.A. of ANY of the provisions of R.A. No. 9266No. 9266, , ALL national and local government officialsALL national and local government officials, particularly, particularly the DPWH Secretary and the LGU Building Officials,the DPWH Secretary and the LGU Building Officials, must fully must fully and unconditionally implement (and/or enforce) R.A. No. 9266, and unconditionally implement (and/or enforce) R.A. No. 9266, under pain of severe sanctions.under pain of severe sanctions.

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PRBoA PRBoA

Is an Is an individualindividual’s practice of a ’s practice of a Regulated Profession a RIGHT?Regulated Profession a RIGHT?

NO. It was NO. It was never a rightnever a right. The practice . The practice by by individualsindividuals of any of the 43 of any of the 43 regulated professions under the PRC regulated professions under the PRC is a is a mere PRIVILEGEmere PRIVILEGE that can be that can be taken away by the state for valid taken away by the state for valid cause/s and only after due process.cause/s and only after due process.

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PRBoA PRBoA

Can Professional Firms Practice a Can Professional Firms Practice a Regulated Profession in the Philippines?Regulated Profession in the Philippines?

NO. Only NO. Only individualsindividuals can legally can legally practice the regulated professions in practice the regulated professions in the Phils. However, such registered & the Phils. However, such registered & licensed individuals may collectively licensed individuals may collectively engage in engage in group practicegroup practice as a Firm. as a Firm. Some regulated professions such as architecture & Some regulated professions such as architecture & environmental planning also require the environmental planning also require the separateseparate registration with the PRC of such firms.registration with the PRC of such firms.

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PRBoA PRBoA

Can foreign individuals or firms practice a Can foreign individuals or firms practice a Regulated Profession in the Philippines?Regulated Profession in the Philippines?Yes, but Yes, but only after the satisfaction of many conditions only after the satisfaction of many conditions prescribed by lawprescribed by law. In the case of foreign architects, they . In the case of foreign architects, they must only be as must only be as individualsindividuals in possession of a PRC-issued in possession of a PRC-issued Special/ Temporary PermitSpecial/ Temporary Permit to Practice Architecture to Practice Architecture to be to be secured by their Employer or Clientsecured by their Employer or Client. There must also be a . There must also be a counterpartcounterpart Filipino Registered & Licensed Architect (RLA) Filipino Registered & Licensed Architect (RLA) who shall be professionally responsible to the PRC for the who shall be professionally responsible to the PRC for the foreign architect’s work and who also shall foreign architect’s work and who also shall sign and sealsign and seal the the architectural documents and therefore architectural documents and therefore assumeassume the civil the civil

liability prescribed by Article 1723 of the Civil Code.liability prescribed by Article 1723 of the Civil Code. ____________________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

What Does Article 1723 of the Civil Code Say?What Does Article 1723 of the Civil Code Say?That Architects, Engineers and Contractors have separate That Architects, Engineers and Contractors have separate or joint civil liabilities for the buildings/ structures that they or joint civil liabilities for the buildings/ structures that they plan, design and erect. There is a prescription period of plan, design and erect. There is a prescription period of fifteen (15) years, usually reckoned from time of occupancy. fifteen (15) years, usually reckoned from time of occupancy. There is also an additional period of ten (10) years from There is also an additional period of ten (10) years from instance of discovery of the design or construction defect, instance of discovery of the design or construction defect,

within which the Client can file a civil complaint. within which the Client can file a civil complaint. Is the Assumption of Civil Liability Compensated?Is the Assumption of Civil Liability Compensated?Yes in the case of Architects. About 5% of the Architect’s Yes in the case of Architects. About 5% of the Architect’s Fee is for the Fee is for the signing and sealingsigning and sealing of the architectural of the architectural documents ONLY and for the documents ONLY and for the assumption of civil liabilityassumption of civil liability for for the architectural components of the project ONLY. the architectural components of the project ONLY.

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PRBoA PRBoA

General General Types of CasesTypes of Cases Filed for Violations of Valid Filed for Violations of Valid & Subsisting Philippine Laws & Subsisting Philippine Laws such as such as RA 9266RA 9266: : 1) 1) ADMINISTRATIVEADMINISTRATIVE (where penalties sought against the (where penalties sought against the Respondent/s include the Respondent/s include the suspension and/or revocation of suspension and/or revocation of licenses/permits/accreditation/certification/recognitionlicenses/permits/accreditation/certification/recognition, etc. issued , etc. issued by any national or local government entity or by any national or local government entity or suspension/removalsuspension/removal from office in case of pblic sector entitiesfrom office in case of pblic sector entities););2) 2) CRIMINALCRIMINAL (where penalties sought against the (where penalties sought against the Respondent/s include Respondent/s include fines payable to the state and fines payable to the state and imprisonment as provided for under the law/s violatedimprisonment as provided for under the law/s violated which may which may include offenses under the Revised Penal Code); AND include offenses under the Revised Penal Code); AND3) 3) CIVILCIVIL (where penalties sought against the (where penalties sought against the Respondent/s include the Respondent/s include the payment for various forms of damages payment for various forms of damages or restitutionor restitution as provided for or which may include offenses as provided for or which may include offenses under the New Civil Code). under the New Civil Code).

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PRBoA PRBoA

Who Can Sue and Get SuedWho Can Sue and Get Sued for Violations for Violations of Valid & Subsisting Philippine Laws of Valid & Subsisting Philippine Laws such as such as R.A. No. 9266R.A. No. 9266? ?

ALL OF USALL OF US in our in our natural personsnatural persons/ / personal capacities or as part of a personal capacities or as part of a juridical entityjuridical entity (person created under law) (person created under law) can sue or can be sued. can sue or can be sued. Thus, even Registered Thus, even Registered and Licensed Architects (RLAs) can be sued for and Licensed Architects (RLAs) can be sued for violation/s of their very own law (R.A. No. 9266).violation/s of their very own law (R.A. No. 9266).

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PRBoA PRBoA

Thank You Thank You and and

a Pleasant Morning a Pleasant Morning to You All!to You All!

PRBoA

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