Getting the Facts Right

Getting the Facts Right (A RLA’s* Briefing Material for

Government Officials/ Public Sector and for Clients/ the Private Sector)

*Registered and Licensed Architects

10 September 2009PRC Professional Regulatory Board of Architecture

(PRBoA) Ar Armando N. ALLÍ

fuap, hfpia, aaif, apec ar

Chairman, PRBoA (Resource Person)

PRBoAwww.architectureboard.ph

PRBoAPRBoA www.architectureboard.ph www.architectureboard.ph

I. The Architectural Profession . . .I. The Architectural Profession . . .

1) is a several thousand (millennia) old profession that dates back to the antiquities i.e. pre-Greek civilizations, etc.;

2) was the profession of the master builders i.e. “arkitekton” in Greek;

3) encompassed many modern professions including architectonics and structural design i.e. already segregated from the recognized modern-day scope of the practice of architecture;

4) was never part of any other known professional calling i.e. has never ever been part of civil engineering; and

5) is internationally associated with (and is dictionary-defined as the profession most related to) buildings.


II. II. The Civil Engineering (CE) Profession . . .The Civil Engineering (CE) Profession . . .

1) evolved from military/ fortifications engineering in the past i.e. the term “engineering” came into use only in the last 500 years while the term “civil engineering” is apparently only about 170 years old;

2) encompassed many modern professions including geodetic & sanitary engineering i.e. already segregated from the recognized modern-day scope of the practice of civil engineering in the Philippines;

3) has never ever encompassed the separate profession of architecture; and

4) is internationally associated with (and is dictionary-defined as the profession most related to) roads, bridges, dams, etc. and the construction of buildings.


III. The Philippine Architecture Law . . . III. The Philippine Architecture Law . . . 1) is R.A. No. 9266 (the Architecture Act of 2004) which has been

signed into law by HE PGMA on 17 March 2004 and which has been in effect since 10 April 2009;

2) is implemented and enforced by the Professional Regulation Commission (PRC) and the Professional Regulatory Board of Architecture (PRBoA) thru representations with the executive agencies and instrumentalities of the national and local governments;

3) prescribes that only registered and licensed architects (RLAs) shall practice architecture on Philippine soil;

4) governs the practice of about 24,500 Philippine registered architects (PRAs) and approx. 14,000 registered and licensed architects (RLAs), the only natural persons under Philippine law who can prepare, sign and seal ARCHITECTURAL documents legally .


IV. The Philippine Civil Engg (CE) Law . . . IV. The Philippine Civil Engg (CE) Law . . . 1) is R.A. No. 1582 of 1956 (which amended R.A. No. 544 of

1950);2) provides for the segregation of the practice and responsibilities

of CEs and Architects (R.A. No. 1582, Sec. 24);3) does NOT state that CEs can prepare, sign or seal

ARCHITECTURAL documents;4) does NOT state that CEs can prepare, sign or seal electrical/

mechanical/ sanitary/ electronics engineering documents;5) does NOT state that CEs CANNOT prepare, sign nor seal

STRUCTURAL ENGINEERING documents;6) governs the practice of about 120,000 Philippine registered

CEs (PRAs) and approx. 80,000 registered and licensed architects (RLCEs), the only natural persons under Philippine law who can prepare, sign and seal CIVIL AND/OR STRUCTURAL ENGINEERING documents legally .

PRBoAPRBoA www,architectureboard.ph www,architectureboard.ph

V. The Main Architectural Documents are…V. The Main Architectural Documents are… 1) site development plan (SDP);2) architectural perspectives (exterior, interior &

sectional) for buildings;3) architectural floor, ceiling and roof plans for

buildings; 4) architectural sections and elevations for

buildings; 5) architectural detail designs and drawings; 6) architectural interior (AI) plans, designs, etc.;7) architectural specifications (including schedules);8) architectural estimates.


VI. VI. The Main Civil Engg Documents are…The Main Civil Engg Documents are…

1) site civil works plan (including grading and drainage);

2) foundation plan for buildings;3) floor, ceiling and roof structural framing plans

for buildings; 4) structural engineering sections and elevations

for buildings; 5) structural detail designs and drawings; 6) structural engineering specifications,

schedules and computations;7) structural estimates.

PRBoA www.architectureboard.phPRBoA www.architectureboard.ph

VII. Minimum Qualifications under Philippine Law of VII. Minimum Qualifications under Philippine Law of Registered and Licensed Architects (RLAs) to Prepare, Registered and Licensed Architects (RLAs) to Prepare, Sign and Seal Sign and Seal ARCHITECTURALARCHITECTURAL Documents: Documents:1) 1) B.S. Architecture degreeB.S. Architecture degree;;2) 2) 2 year (or equivalent 3,840 hours) of diversified 2 year (or equivalent 3,840 hours) of diversified experience in architecture i.e. apprenticeship under a experience in architecture i.e. apprenticeship under a Mentor-RLA;Mentor-RLA; 3)3) a general average of 70% in the licensure examination a general average of 70% in the licensure examination for architects (LEA) given by the PRC;for architects (LEA) given by the PRC;4) 4) Architect’s Architect’s Certificate of Registration & PRC ID card, Certificate of Registration & PRC ID card, signature in the Architect’s Registry Book and Recitation signature in the Architect’s Registry Book and Recitation of the Architect’s Oathof the Architect’s Oath; and; and5) 5) membership in the integrated & accredited professional membership in the integrated & accredited professional organization of architects (IAPOA).organization of architects (IAPOA).


VIII. Minimum Qualifications under Philippine Law of VIII. Minimum Qualifications under Philippine Law of Registered and Licensed Civil Engineers (RLCEs) to Registered and Licensed Civil Engineers (RLCEs) to Prepare, Sign and Seal Prepare, Sign and Seal CIVIL & STRUCTURALCIVIL & STRUCTURAL Documents:Documents:

1) 1) B.S. Civil Engineering degreeB.S. Civil Engineering degree;;

2)2) a passing grade in the licensure examination for civil a passing grade in the licensure examination for civil engineers (LECE) given by the PRC; andengineers (LECE) given by the PRC; and

3) 3) Civil Engineer (CE)’s Civil Engineer (CE)’s Certificate of Registration & Certificate of Registration & PRC ID card, signature in the CE Registry Book and PRC ID card, signature in the CE Registry Book and Recitation of the Professional’s Oath.Recitation of the Professional’s Oath.


IX. P.D. No. 1096 IX. P.D. No. 1096 (The 1977 National (The 1977 National Building Code of the Philippines/ NBCP) . . . Building Code of the Philippines/ NBCP) . . .

1) Sec. 302 NEVER stated that Civil Engineers (CEs) can

sign or seal ARCHITECTURAL documents i.e. duly certified by the National Printing Office (which publishes the Official Gazette) and by the Malacanang Records Office (which safeguards all documents promulgated by the Office of the President);

2) Sec. 302 also did NOT state that Architects shall sign or seal ARCHITECTURAL documents (which was later repealed by R.A. No. 9266); and

3) is a valid and subsisting law i.e. in full effect, that has remained unchanged since 1977, as duly certified by the Malacanang Records Office.


X. Status of Secs. 302.3 & 4 of the 2004 Revised X. Status of Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 IRR of P.D. No. 1096 (the 1977 National Building (the 1977 National Building

Code of the Philippines/ NBCP) Code of the Philippines/ NBCP) 1) was in effect over the period 01 through 22 May 2005;2) effectivity interrupted by the 2 temporary restraining

orders (TROs) and the injunction secured by the PICE on the basis of the wrongly worded text of Sec. 302 of P.D. No. 1096 which purported that CEs can sign and seal ARCHITECTURAL documents;

3) injunction LIFTED/DISSOLVED through an Order (contained in a Decision) promulgated in January 2008; despite the immediately executory nature of the Order; the DPWH refused to comply;

4) January 2008 Court order AFFIRMED in May 2004; the DPWH apparently still refuses to comply.

PRBoA www.architectureboard.ph PRBoA www.architectureboard.ph

XI. Has the PICE Appealed the XI. Has the PICE Appealed the January 2008 & May 2009 Court OrdersJanuary 2008 & May 2009 Court Orders? ?

Yes. However, the Manila RTC Branch 22 still Yes. However, the Manila RTC Branch 22 still has to forward the case file to the Court of has to forward the case file to the Court of

Appeals (CA) as of 10 September 2009.Appeals (CA) as of 10 September 2009.Does an Appeal mean that Secs. 302.3 & 4 Does an Appeal mean that Secs. 302.3 & 4

cannot be implemented and enforced cannot be implemented and enforced despite the despite the

2 Court Orders by Manila RTC Branch 222 Court Orders by Manila RTC Branch 22??No. The Court Orders are No. The Court Orders are immediately executory immediately executory

under the Rules of Court and under Philippine under the Rules of Court and under Philippine jurisprudencejurisprudence. . The DPWH must perforce The DPWH must perforce fully comply fully comply

unconditionallyunconditionally. Otherwise, its officials may become clearly . Otherwise, its officials may become clearly liable for indirect contempt charges before the RTC.liable for indirect contempt charges before the RTC.


XII. What does the PICE hope to achieve XII. What does the PICE hope to achieve with its appealwith its appeal? ?

They are hoping to overturn the January They are hoping to overturn the January 2008 Decision and to secure a permanent 2008 Decision and to secure a permanent

injunction on Secs. 302.3 & 4 from the CA.injunction on Secs. 302.3 & 4 from the CA.Can the CA issue another set of Can the CA issue another set of

TRO/s and injunction?TRO/s and injunction?Apparently Yes but only if there is absolute merit Apparently Yes but only if there is absolute merit

in the PICE appeal. in the PICE appeal. The PICE are probably still The PICE are probably still relying on the intercalated (and wrongfully worded) text relying on the intercalated (and wrongfully worded) text of Sec. 302 of P.D. No. 1096of Sec. 302 of P.D. No. 1096 that purports that CEs can that purports that CEs can

sign and seal ARCHITECTURAL documents.sign and seal ARCHITECTURAL documents.


XIII. Is P.D. No. 1096 a higher law XIII. Is P.D. No. 1096 a higher law compared to R.A. No. 9266compared to R.A. No. 9266? ?

No. They are both valid and subsisting laws No. They are both valid and subsisting laws enacted by entities exercising legislative and enacted by entities exercising legislative and

executive functions. executive functions. What is R.A. No. 9266 (of 2004) in relation to What is R.A. No. 9266 (of 2004) in relation to

P.D. No. 1096 (of 1977) ?P.D. No. 1096 (of 1977) ?R.A. No. 9266 is a R.A. No. 9266 is a special lawspecial law that is higher than a that is higher than a

general law like P.D. No. 1096. R.A. No. 9266 is also general law like P.D. No. 1096. R.A. No. 9266 is also a a later law later law that contains repeal provisions directly that contains repeal provisions directly

affecting the content, interpretation, implementation affecting the content, interpretation, implementation and enforcement of P.D. No. 1096, an earlier law. and enforcement of P.D. No. 1096, an earlier law.


XIV. Does the DPWH Secretary regulate the XIV. Does the DPWH Secretary regulate the separate professions of architecture separate professions of architecture

and civil engineeringand civil engineering? ? No. Never. No. Never. Absolutely Not, unless he wants to be a Absolutely Not, unless he wants to be a

usurper of PRC and PRBoA functions, which is still illegal. usurper of PRC and PRBoA functions, which is still illegal.

Can the DPWH Secretary be held liable for Can the DPWH Secretary be held liable for NOT implementing and enforcing R.A. No. NOT implementing and enforcing R.A. No.

9266 and P.D. No. 1096 ?9266 and P.D. No. 1096 ?Absolutely. He has been sworn to uphold a valid and Absolutely. He has been sworn to uphold a valid and

subsisting law such as R.A. No. 9266 and P.D. No. 1096 (the subsisting law such as R.A. No. 9266 and P.D. No. 1096 (the very law he is supposed to implement and enforce). very law he is supposed to implement and enforce).

Yet, he apparently still obstinately refuses to follow the law. Yet, he apparently still obstinately refuses to follow the law. Could it be that the DPWH Secretary thinks he is above the law??? Could it be that the DPWH Secretary thinks he is above the law???

Mabuhay ang mga Arkitektong Pilipino!Mabuhay ang mga Arkitektong Pilipino!Mabuhay ang mga tamang batas na nararapat lamang Mabuhay ang mga tamang batas na nararapat lamang

ipatupad ng pamahalaan!ipatupad ng pamahalaan!

Thank You Thank You and and

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

PRBoA www.architectureboard.ph