The Implementation & Enforcement of R.A. No. 9266 (as of August 2009) Delivered at a UAP-IAPOA

The Implementation & Enforcement of R.A. No. 9266

(as of August 2009)Delivered at a UAP-IAPOA Induction/ Oath-taking CeremonyAugust 2009

for the PRC Professional Regulatory Board of Architecture

(PRBoA) Archt. Armando N. ALLÍ

fuap, hfpia, aaif, apec ar

Chairman, PRBoA (Resource Person)

PRBoA

PRBoAPRBoA

R.A. No. 9266 R.A. No. 9266 and the Stream of Laws, Rules & Regulations and the Stream of Laws, Rules & Regulations LOWERLOWER than than International Agreements and the 1986 Philippine ConstitutionInternational Agreements and the 1986 Philippine Constitution

Note: Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.

Laws/ Regulations (Local Level)

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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009) August 2009 UAP-IAPOA Induction

for the PRC PRBoA (Archt. Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)

Annotations:Only the R.A. is the national law i.e. a product of the collaboration between the legislative and executive branches of government. LGU ordinances must conform to what is stated under national laws such as R.A.s, P.D.s and B.P.s.IRRs are not laws but tools to implement the law. IRRs and all other regulations are mere executive issuances that could be amended or repealed by the executive branch as the needs arise.Most national laws do not go beyond IRRs.

PRBoA PRBoA

R.A. No. 9266 R.A. No. 9266 Primary Stakeholders:Primary Stakeholders:+/-+/-24,00024,000 Registered Architects or RAs Registered Architects or RAs ((Natural PersonsNatural Persons// NPNPss, , including the deceased and retiredincluding the deceased and retired);); +/- +/-14,00014,000 Registered & Licensed Architects or Registered & Licensed Architects or RLARLAs s ((NPs with NPs with renewed, valid and current PRC ID cards/ licensesrenewed, valid and current PRC ID cards/ licenses;;

+/-+/-9,0009,000 UAP-IAPOA Members UAP-IAPOA Members ((NPsNPs including +/-300 including +/-300 College of Fellows/CoF Members, excluding GA & SA College of Fellows/CoF Members, excluding GA & SA );); (+/-(+/-2,0002,000)) PIA Members PIA Members ((NPsNPs));;(+/-(+/-200200)) AAIF Members AAIF Members ((NPsNPs)); ; +/-+/-60 60 CODHASP CODHASP Member Schools Member Schools ((Juridical PersonsJuridical Persons// JPJPs made up of RLAs in a collaborative activitys made up of RLAs in a collaborative activity));;+/-+/-35 35 Alumni Associations;Alumni Associations;Student AssociationsStudent Associations; and ; and NoNo Association of Firms Association of Firms (to succeed the CCAPP which folded up in late 2006).(to succeed the CCAPP which folded up in late 2006).__________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

R.A. No. 9266 R.A. No. 9266 & Architectural Laws& Architectural Laws--Brief HistoryBrief History::Took Took effecteffect 10 April 2004 10 April 2004;; SignedSigned into law by PGMA on 17 March 2004; into law by PGMA on 17 March 2004;CraftedCrafted from 2001 through 2004 in Congress by the from 2001 through 2004 in Congress by the UAP, PIA and AAIF with the participation of the Phil. UAP, PIA and AAIF with the participation of the Phil. Inst. of Civil Engineers Inst. of Civil Engineers ((PICEPICE););EffortEffort to amend R.A. 1581 at the Batasang Pambansa in to amend R.A. 1581 at the Batasang Pambansa in the early 1980s by the UAP;the early 1980s by the UAP;R.A. No. 1581 R.A. No. 1581 ((amendedamended Architecture Law) signed June Architecture Law) signed June 1956 together with R.A. No. 1582 (amended civil 1956 together with R.A. No. 1582 (amended civil engineering/CE lawengineering/CE law);); R.A. No. 545 R.A. No. 545 ((organicorganic Architecture Law) signed June Architecture Law) signed June 1950 together with R.A. No. 544 (organic CE law1950 together with R.A. No. 544 (organic CE law).). __________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

P.D. No. 1096 P.D. No. 1096 ((1977 NBCP1977 NBCP))--Brief HistoryBrief History::Took Took effecteffect 1977 after it was 1977 after it was signedsigned into law by PFEM in February into law by PFEM in February 1977;1977;Extensive IRR promulgated by the DPWH in 1979Extensive IRR promulgated by the DPWH in 1979;;initial IRR revisions in the early 1990s;initial IRR revisions in the early 1990s;Revised IRR revisions promulgated by DPWH on 29 October 2004, Revised IRR revisions promulgated by DPWH on 29 October 2004, published thrice in April 2005 and took effect on 01 May 2005;published thrice in April 2005 and took effect on 01 May 2005;2004 Revised IRR in effect over the period 01 – 24 May 20052004 Revised IRR in effect over the period 01 – 24 May 2005;;2004 Revised IRR effectivity 2004 Revised IRR effectivity interruptedinterrupted by TROs and Injunction by TROs and Injunction of 24 May 2005 on Secs. 302.3 & 4 of the 2004 Revised IRR;of 24 May 2005 on Secs. 302.3 & 4 of the 2004 Revised IRR;May 2005 Injunction May 2005 Injunction on Secs. 302.3 & 4 of the 2004 Revised IRR on Secs. 302.3 & 4 of the 2004 Revised IRR lifted/ dissolved by Court Orderlifted/ dissolved by Court Order on 29 January 2008; on 29 January 2008; Lifting/ dissolution of the May 2005 Injunction on Secs. 302.3 & 4 Lifting/ dissolution of the May 2005 Injunction on Secs. 302.3 & 4 of the 2004 Revised IRR of the 2004 Revised IRR affirmed by Court Order; andaffirmed by Court Order; andCopy of the 04 May 2009 Court Order delivered to DPWH by the Copy of the 04 May 2009 Court Order delivered to DPWH by the RTC Manila Branch 22 Court Sheriff.RTC Manila Branch 22 Court Sheriff. __________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

R.A. No. 9266 R.A. No. 9266 in relation to in relation to p.d. no. 1096 p.d. no. 1096 (1977 NBCP) and its (1977 NBCP) and its 2004 R-IRR2004 R-IRR

Sec. 302 of P.D. No. 1096 Sec. 302 of P.D. No. 1096 ((the 1977 NBCPthe 1977 NBCP) does ) does NOTNOT state that Civil Engineers state that Civil Engineers (CEs) can sign or seal ARCHITECTURAL Documents was again (CEs) can sign or seal ARCHITECTURAL Documents was again ReconfirmedReconfirmed in in

June 2009 by the National Printing Office (NPO) and the Malacañang Records June 2009 by the National Printing Office (NPO) and the Malacañang Records Office as Office as AuthenticAuthentic & & Un-amended since February 1977Un-amended since February 1977

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PRBoA PRBoA Section Nos. No. 302.3 & 4 Section Nos. No. 302.3 & 4 of the of the 2004 Revised IRR 2004 Revised IRR of of p.d. no. 1096 p.d. no. 1096 (1977 NBCP) (1977 NBCP) HAVE BEEN IN EFFECT SINCE FEBRUARY 2008HAVE BEEN IN EFFECT SINCE FEBRUARY 20081) The May 2005 1) The May 2005 Injunction (based on a clear misrepresentation of Sec. 302 of P.D. No. 1096 and Injunction (based on a clear misrepresentation of Sec. 302 of P.D. No. 1096 and the supposed right of the CEs to sign and seal ARCHITECTURAL documents ) on Secs. 302.3 & 4 the supposed right of the CEs to sign and seal ARCHITECTURAL documents ) on Secs. 302.3 & 4 of the 2004 Revised IRR (R-IRR) of P.D. No. 1096 of the 2004 Revised IRR (R-IRR) of P.D. No. 1096 ((1977 NBCP1977 NBCP)) was LIFTED/ DISSOLVED by the was LIFTED/ DISSOLVED by the Court (RTC Mnaila Branch 22) in its Order (cum Decision) signed 29 January 2008Court (RTC Mnaila Branch 22) in its Order (cum Decision) signed 29 January 2008; the Court ; the Court Order was to take effect Order was to take effect automaticallyautomatically in accordance with the Rules of Court and with Philippine in accordance with the Rules of Court and with Philippine jurisprudence, notwithstanding the CEs’ Motion for Reconsideration (resolved by the Court on 04 jurisprudence, notwithstanding the CEs’ Motion for Reconsideration (resolved by the Court on 04 May 2009) and all the issued 2005, 2007 and 2008 DPWH Memoranda; May 2009) and all the issued 2005, 2007 and 2008 DPWH Memoranda; all national and local all national and local government officials had to comply with the 29 January 2008 Court Ordergovernment officials had to comply with the 29 January 2008 Court Order; this meant that the 2004 ; this meant that the 2004 R-IRR implementation R-IRR implementation interruptedinterrupted by the May 2005 Injunction had already RESUMED effectivity by the May 2005 Injunction had already RESUMED effectivity automaticallyautomatically; as early as February 2008, the DPWH and its Building Officials had to ; as early as February 2008, the DPWH and its Building Officials had to LIMITLIMIT the the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly abide by the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly abide by the DEFINITIONDEFINITION of the ARCHITECTURAL documents; of the ARCHITECTURAL documents; all these officials who refused to abide by the all these officials who refused to abide by the Court Order have clearly violated the 29 January 2008 Court Order and are clearly LIABLECourt Order have clearly violated the 29 January 2008 Court Order and are clearly LIABLE;;2) The 04 May 2009 Court Order AFFIRMING its 29 January 2008 lifting/dissolution of the 2) The 04 May 2009 Court Order AFFIRMING its 29 January 2008 lifting/dissolution of the Injunction on Secs. 302.3 & 4 of the 2004 R-IRR confirms that these are in Injunction on Secs. 302.3 & 4 of the 2004 R-IRR confirms that these are in full effectfull effect! the DPWH ! the DPWH and its Building Officials have to and its Building Officials have to LIMITLIMIT the signing and sealing of ARCHITECTURAL documents the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly abide by the only to RLAs and clearly abide by the DEFINITIONDEFINITION of the ARCHITECTURAL documents. While of the ARCHITECTURAL documents. While the CEs may have the right to appeal the Court Orders/ Decision at the Court of Appeals (CA), the CEs may have the right to appeal the Court Orders/ Decision at the Court of Appeals (CA), the the 29 January 2008 and the 04 May 2009 Court Orders have to be followed 29 January 2008 and the 04 May 2009 Court Orders have to be followed in the absence of any Order in the absence of any Order form the CA. Should the CA issue a TRO/Injunction again based on the possible misrepresentations form the CA. Should the CA issue a TRO/Injunction again based on the possible misrepresentations of Sec. 302 of P.D. No. 1096 by the CEs , the case must be elevated soonest by the RLAs to the of Sec. 302 of P.D. No. 1096 by the CEs , the case must be elevated soonest by the RLAs to the Supreme Court on a question of law (petitions for certiorari and mandamusSupreme Court on a question of law (petitions for certiorari and mandamus).). The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)

August 2009 UAP-IAPOA Induction for the PRC PRBoA (Archt. Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)

PRBoA PRBoA

Secs. 302.3 & 4 Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. of the 2004 Revised IRR of P.D. No. 1096 No. 1096 ((1977 NBCP1977 NBCP)) are in are in full effectfull effect! These ! These sections sections LIMITLIMIT the signing and sealing of the signing and sealing of ARCHITECTURALARCHITECTURAL documents only to RLAs and documents only to RLAs and clearly clearly DEFINEDEFINE the ARCHITECTURAL the ARCHITECTURAL documents; documents; NONO Temporary Restraining Order Temporary Restraining Order ((TROTRO); and ); and NONO Writ of Preliminary Writ of Preliminary InjunctionInjunction;;Very Important NotesVery Important Notes: : The May 2005 The May 2005 InjunctionInjunction secured by the PICE was secured by the PICE was lifted/ lifted/ dissolveddissolved on 29 January 2008 by a Court Order/ Decision. The Order/ Decision on 29 January 2008 by a Court Order/ Decision. The Order/ Decision was was affirmedaffirmed by the Court on 04 May 2009. The 04 May 2009 Court Order was by the Court on 04 May 2009. The 04 May 2009 Court Order was served by personal service served by personal service todaytoday (10 August 2009) to the DPWH and the OSG by (10 August 2009) to the DPWH and the OSG by the Sheriff of RTC Manila Branch 22. PICE has alreadythe Sheriff of RTC Manila Branch 22. PICE has already appealed appealed to the CA.to the CA. __________________________________________________________________________________________________________________________________________________________________

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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009) 10 August 2009 UAP Taytay Induction


PRBoA PRBoA

R.A. No. 9266 R.A. No. 9266 in relation to in relation to p.d. no. 1096 p.d. no. 1096 (1977 NBCP) and its (1977 NBCP) and its 2004 R-IRR2004 R-IRR

PRBoA PRBoA

What is the Effect of the 10 August 2009What is the Effect of the 10 August 2009 Serving of the 04 May 2009 Court Order by Serving of the 04 May 2009 Court Order byPersonal Service Personal Service (by the Sheriff of RTC Manila Branch 22)(by the Sheriff of RTC Manila Branch 22) to to DPWH Sec. Ebdane & his CounselDPWH Sec. Ebdane & his Counsel??The event means that the interrupted implementation and The event means that the interrupted implementation and enforcement of Secs. 302.3 & 4 (already in effect from 01 enforcement of Secs. 302.3 & 4 (already in effect from 01 through 24 May 2005) have RESUMED as of 10 August through 24 May 2005) have RESUMED as of 10 August 2009.2009.All Building Officials All Building Officials ((BOsBOs)) nationwide nationwide must now must now implement and enforceimplement and enforce Secs. 302.3 & 4 of the 2004 Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (1977 NBCP). Revised IRR of P.D. No. 1096 (1977 NBCP). There There may be no needmay be no need for a DPWH Memorandum Order for a DPWH Memorandum Order as the Court Order is immediately executory under the as the Court Order is immediately executory under the Rules of Court and Phil. Jurisprudence. Rules of Court and Phil. Jurisprudence. __________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

Why did the UAP-IAPOA Why did the UAP-IAPOA InterveneIntervene in the 2005 in the 2005 Petition Filed by the PICE vs. DPWH Sec. Ebdane?Petition Filed by the PICE vs. DPWH Sec. Ebdane?1) While purportedly about Secs. 302.3 & 4 of the 2004 Revised 1) While purportedly about Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 IRR of P.D. No. 1096 ((1977 NBCP1977 NBCP),), the 2005 PICE Petition was the 2005 PICE Petition was an indirect attack on R.A. No. 9266; it appeared to be an attempt to an indirect attack on R.A. No. 9266; it appeared to be an attempt to amend R.A. No. 9266 through a court decision;amend R.A. No. 9266 through a court decision;2) The RLAs through the UAP-IAPOA had to protect R.A. No. 2) The RLAs through the UAP-IAPOA had to protect R.A. No. 9266 in the subject civil case only through intervention i.e. the 9266 in the subject civil case only through intervention i.e. the UAP was not originally a party to the civil case; andUAP was not originally a party to the civil case; and3) An uncontested lower court decision favoring CEs and with a 3) An uncontested lower court decision favoring CEs and with a certificate of finality could have the effect of changing the certificate of finality could have the effect of changing the provisions of R.A. No. 9266 that LIMIT to RLAs the signing and provisions of R.A. No. 9266 that LIMIT to RLAs the signing and sealing of ARCHITECTURAL documents and that DEFINE sealing of ARCHITECTURAL documents and that DEFINE ARCHITECTURAL documents i.e. just as Secs. 302.3 & 4 of the ARCHITECTURAL documents i.e. just as Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 did. 2004 Revised IRR of P.D. No. 1096 did.

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PRBoA PRBoA

R.A. No. 9266 Implementation R.A. No. 9266 Implementation SuccessesSuccesses::Some LGUs Some LGUs are already fully or partially are already fully or partially implementing/ enforcing R.A. No. 9266 via Administrative implementing/ enforcing R.A. No. 9266 via Administrative Orders Orders ((AOsAOs););

Some Some National Government Agencies National Government Agencies ((NGAsNGAs)) and and LGUs LGUs require RLAs or registered architectural firms require RLAs or registered architectural firms (RAFs(RAFs) ) in their procurement activities under R.A. No. 9184/GPRA; in their procurement activities under R.A. No. 9184/GPRA;

HLURB HLURB now requires temporary/ special permits now requires temporary/ special permits (TSPs) for Foreign Architects (FAs) preparing plans for (TSPs) for Foreign Architects (FAs) preparing plans for subdivision and condominium projects;subdivision and condominium projects;

BID BID now also requires TSPs from PRC for Foreign now also requires TSPs from PRC for Foreign Architects (FAs) preparing plans for Philippine projects; Architects (FAs) preparing plans for Philippine projects; __________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

+/-+/-2-Year 2-Year Due Process Flow of Due Process Flow of CriminalCriminal Complaints for R.A. No. 9266 Violations: Complaints for R.A. No. 9266 Violations: 1)1) Complaint filed at the PRC; Complaint filed at the PRC;2) 2) PRBoA establishes prima facie finding;PRBoA establishes prima facie finding;3) 3) Complaint Endorsed to DoJ Secretary;Complaint Endorsed to DoJ Secretary;4) 4) after review, DoJ Secretary endorses to either after review, DoJ Secretary endorses to either the NBI or Local Prosecutor/Fiscal;the NBI or Local Prosecutor/Fiscal;5) 5) Local Fiscal investigates Local Fiscal investigates and either files informat-and either files informat-ion with the Court (if there is probable cause) or reverse-ion with the Court (if there is probable cause) or reverse-endorses the complaint to either the DoJ Secretary or the endorses the complaint to either the DoJ Secretary or the PRC/ PRBoA (in case of no finding of probable cause) PRC/ PRBoA (in case of no finding of probable cause) i.e. i.e. STILLSTILL NONO CRIMINAL CASE FILED IN COURT AFTER +/-2 YEARS!!! CRIMINAL CASE FILED IN COURT AFTER +/-2 YEARS!!!__________________________________________________________________________________________________________________________________________________________________

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PRBoA PRBoA

Continuing Threats Continuing Threats to Philippine registered &to Philippine registered &

licensed architects licensed architects ((RLARLAss)) & their practice: & their practice:

GOVERNMENT in generalGOVERNMENT in general ((National & LGUsNational & LGUs));;MEDIA in generalMEDIA in general;;BIG BUSINESS in general;BIG BUSINESS in general;OTHER PROFESSIONALS in general;OTHER PROFESSIONALS in general;FOREIGN CONSULTANTS/ BPO Firms;FOREIGN CONSULTANTS/ BPO Firms;UNREGISTERED PERSONS;UNREGISTERED PERSONS;((including persons with some knowledge of architecture including persons with some knowledge of architecture e.g. students, apprentices, etc.e.g. students, apprentices, etc.) )

RLAs RLAs themselves, Apathy, Complacency, etc.themselves, Apathy, Complacency, etc._____________________________________________________________________________________________________________________________________________________________________



PRBoA PRBoA

Urgent and Special ConcernsUrgent and Special Concerns::1) 1) legal initiatives legal initiatives to fully implement and enforce to fully implement and enforce R.A. No. 9266R.A. No. 9266 e.g. e.g. addressing the continuing illegal practices by firms and individuals, addressing the continuing illegal practices by firms and individuals, acts by other state-regulated professions to co-opt the practice of acts by other state-regulated professions to co-opt the practice of architecture, continuing violations by national and local government architecture, continuing violations by national and local government officials, etc.;officials, etc.;2) the 2) the Standards of Professional PracticeStandards of Professional Practice;;3) the 3) the GATSGATS, APEC Architect Registry and ASEAN MRA;, APEC Architect Registry and ASEAN MRA;4) the 4) the CPE/ CPDCPE/ CPD program; program; 5) 5) harmonize laws directly affecting practice under R.A. No. 9266 harmonize laws directly affecting practice under R.A. No. 9266 (P.D. No. 1096, R.A. No. 9514, B.P. No. 344, P.D. No. 957, B.P. No. (P.D. No. 1096, R.A. No. 9514, B.P. No. 344, P.D. No. 957, B.P. No. 220, R.A. No. 9184, R.A. No. 7160, etc.) and their IRRs/ derivative 220, R.A. No. 9184, R.A. No. 7160, etc.) and their IRRs/ derivative regulations;regulations;6) the B.S. Architecture 6) the B.S. Architecture curriculumcurriculum;;7) 7) media campaignmedia campaign for the architectural profession; andfor the architectural profession; and8) 8) volunteerism volunteerism at community level and a at community level and a civic face civic face for RLAs.for RLAs.__________________________________________________________________________________________________________________________________________________________________

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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 Evening a Pleasant Evening to You All!to You All!

PRBoA

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