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Real Life Cases: Outlines

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ARTICLES (notarized- there’s a third party so if

Sections there’s a problem it’s not your work


Possible questions/cases against his )
Real life cases (stipulation of services- so that the
Outlines client will know what is the
Comments responsibility of the architect to clients)
Connected laws
RULE II
PROFESSIONAL REGULATORY BOARD OF
ARCHITECTURE: ORGANIZATION, POWERS,
RULE I AND FUNCTIONS
TITLE, POLICY STATEMENT, DEFINITION
OF TERMS, AND SCOPE OF PRACTICE SECTION 4. Creation and Composition of
SECTION 1: Title the Professional Regulatory Board
“THE RULES AND REGULATIONS IMPLEMENTING
THE PROVISIONS OF REPUBLIC ACT NO. 9266” REPUBLIC ACT NO. 9266 and PRBOA is under
“THE ARCHITECTURE ACT OF 2004” the supervision of PRC (PROFESSIONAL
“IRR of the Architecture Act of 2004”. REGULATION COMISSION)

 Repealed RA. No. 545( RA 9266 is an PRBOA (Professional Regulatory Board of


amendment of RA 545) Comission)
 This law is created after world war to in - under the supervision and administrative
order for the architects to help in nation control of the Professional Regulation
building. World war 2 left a big damage Commission
in manila and Philippines  Supervise the practice of architecture
 Because it is 50 years old it needs to be and architects in the Philippines
updated to provide a more responsive
and comprehensive regulation for the SECTION 5. Qualifications of Members of
practice of architecture here in the the Professional Regulatory Board
Philippines
a. Be a citizen and resident of
Philippines
SECTION 2. Statement of Policy. Citizen by naturalization is
SECTION 3. Definition of Terms. allowed because there’s no law
that you must be in natural born
Architect of record- architect for design only, citizen
directly and professionally responsible for the Citizen of foreign country is
total design of the project not counted
 He shall assume the civil liability for the b. Active practitioner (10 years)
plans  There’s is a habituality and
application of knowledge of
architecture and you must be
If a clients wants to build a house, he should compensated and there
expect these from an ARCHITECT should be architects- client
relation
 SERVICE AGREEMENT – duly notarized
Q: How about when you’re not in
written contract stipulating the scope of
design and your just teaching
services and guaranteeing
Teaching cad subjects. is it a
compensation practice of architecture
There’s no architects - student
relation. Student is not a client. SECTION 10. Compensation and
They are client of institution. Allowances of the Board
c. You should stop teaching for at least
5 years prior to nomination. SECTION 11. Annual Report
For credibility of ale and avoid
leakage. RULE III
d. Never convicted in crime involving EXAMINATION, REGISTRATION AND
moral turpitude. LICENSURE
If you commit this, it is grounds for
termination and revocation of license
SECTION 12. Examination Required
 All applicants shall be required to
SECTION 6. Term of Office undergo a LICENSURE
EXAMINATION
SECTION 7. Powers and Functions of the
Analogy (not all that can drive
Board
are permitted to drive)
 Give board exam (ALE-
ARCHITECTURE LICENSURE SECTION 13. Qualifications of Applicant
EXAMINATION) for Examination
 Give License (LICENSURE -Oath
taking, registration, issuance of a. Filipino citizen or qualified foreigner
license)
 MONITOR conditions affecting the 1987 Constitution: Section 14(2)
practice of architecture article vii – the practice of all
 MONITOR performance and profession in the Philippines is
compliance of accredited
limited only to Filipino citizens (same
Architecture school (Philippines)
in cases provided in law)- it means
 Fomulate CODE OF ETHICAL
STANDARDS AND STANDARDS there’s reciprocity agreement. This is
OF PROFESSIONAL PRACTICE for the only possible way that we are
architects allowed to practice in foreign country
 ISSUE temporary/special permits to (if you’re a foreigner, there
practice architecture should be reciprocity agreement
 HEAR AND DECIDE administrative between that country and
cases Philippines)
 PRESCRIBE GUIDELINES for CPD Section 38: citizen of a country
program ( Continuing which permits Filipino architects
Professional development) to practice architecture (within
 Attendance is not required for their territory )
the renewal of professional
license
 But because of CPD LAW (RA.
10912) this is repealed Case: Japanese national that
live in Philippines. Passed the
SECTION 8. Administrative Supervision board exam. But PRC said that
of the Board, Custodian of its Records, he is a Japanese citizen and
Secretariat and Support Services there’s no reciprocity agreement.
Can Ota practice medicine in
SECTION 9. Grounds for Suspension or the Philippines?
Removal of Members of the Board
The supreme court said that it is Master’s degree is 1 year diversified
not necessary as long as the experience
Japan did not prohibit Filipino
LOGBOOK: 6 PACES of field practice and
citizen to practice the profession
should be filled up in true otherwise it has
in Japan, so it is counted in the
no sense ..because it has corresponding
reciprocity requirement or
responsibility. In logbook there is affidavit of
agreement.
the architect.
This case is debatable if it is For mentor/architect , the apprentice
the same case as OTA should be under his charge and supervision.
Monitoring is feasible via zoom or call but
not for supervision in project managing.
b. Good Moral character - because if
you don’t have this, you will be This affidavit is an oath and if this is a false
prohibited or you don’t have the statement, the mentor will be held liable to
authority to practice architecture. the ARTICLE 183 of the Revised Penal
Without this, It is a ground for
Code. Penalty is aresto mayor and prison
suspension of professional
license correctional
Compensated? The secretary of labor may
It should be possessed at all time authorize the compensation. It is 75 percent
of the minimum wage of a regular employee
c. Not convicted of any criminal offense
involving moral turpitude (individual Training obtained abroad? The legal
act of a licensed that can put a basis. There’s a requirement of logbook that
shame the whole profession) its hard to comply because certification of
Section 23: (Actions like this the foreign architect is not allowed. The
can result to suspension of license here in the philippines has no full
license) force effect in the other country.
d. Completed BS. Architecture from
accredited school Two or more mentor? It is not stated in the
e. APPRENTICESHIP - 2 years logbook that you need to stay in 1 architect
(hours) (diversified experience) Examination in other country? He/she will
duly certified by a registered or be considered as an architect here in the
licensed architect. The mentor will Philippines. As long as it is not declared
sign and seal the logbook unconstitutional (EXECUTIVE ORDER
OJT is unallowed or not 835,) they are architects.
counted (but before it is allowed)
but dropped by present SECTION 14. Subjects for Examination
regulatory board of commission
SECTION 15. Rating in the Licensure
because the wordings of the law
Examination
said in addition to the degree
SECTION 16. Report of Ratings
There’s a case in which you are now SECTION 17. Oath
allowed by the mentor if he/she can see that
 A successful candidate is required to
you are still not qualified.
take an OATH of profession before
any members of the Board,
government official authorized by the expect If there’s a reciprocity
Commission (prior to entering upon agreement
the practice ) b) He can sign and seal architectural
 this is what we are going to recite ) – plans prepared by him or under his
if you don’t take this you are not an direct supervision
architect if that is the work of unlicensed or
- It is a sacred trust not a draftsman that’s not considered in
mere ceremony your supervision. If the architect
1st paragraph : Oath of allegiance signed it, it is aiding that person in
and obeying laws – susundin the illegal practice of architecture.
ang batas ng pilipinas Unethical in the part of architect
2nd paragraph : adherence to and illegal in the part of unlicensed
ethical standards and person or non-registered person
professional rules
In SECTION 7.9 or CODE OF
ETHICS – architect shall not affix
SECTION 18. Issuance of Certificates of
his/her signature and seal to any
Registration and Professional
plans prepared by other persons not
Identification Card
under his supervision.
SECTION 19. Roster of Architects c) An architect can collect
professional fee to the services
SECTION 20. Seal, Issuance and Use of rendered because it is his privilege
Seal d) He can perform services
 All the plans and documents are to enumerated in Article 1 section 3
be signed and sealed by the (3,4) scope of practice of
Architect architecture
 It includes e) He can avail the privileges provided
1. Registrant name by IAPOA
2. Registration number
3. Title Architect
4. Professional Identification Card SECTION 21. Indication of Certificate of
Number and expiration Registration/Professional Identification
 The architect don’t have the right to Card and Professional Tax Receipt
sign plans that is not prepared by
SECTION 22. Refusal to Issue Certificate
or under his direct supervision
of Registration and Professional
 Section 33 is included in plans Identification Card
(All plans are intellectual property
of an architect) SECTION 23. Suspension and
Revocation of Certificates of
Registration, Professional Identification
*WHAT ARE THE PRIVILEGES OF
Card or the Special/Temporary Permit
PASSING THE LICENSURE EXAM?
 The board shall have the power,
a) You can practice architecture
upon notice and hearing, to suspend
within the boundary of this territory
or revoke
because the certificate of registration
is territorial GROUNDS:
 Aiding or abetting a person into  “The person” is not only limited
illgeal practice, it is also to natural person but also includes
malpractice of profession juridical (corporation) person
 Section 12, 18 17: Examination,
SECTION 24. Re-issuance or
Certificate of registration and
Replacement of Revoked or Lost
Oath : if you’re not given with this,
Certificates of Registration, Professional
you’re not allowed to practice
Identification Card or Special and
architecture (scope of practice and
Temporary Permit
general practice of architecture)
 The board may reinstate the validity  Illegal practitioners cannot engage
of a revoked .. in preparing plans, enumerated in
 There is a provision of reinstatement article 1 section 3 (3,4,) (Scope Of
Practice And General Practice Of
Architecture)
RULE IV  Illegal practitioners are not allowed
PRACTICE OF to use the word “architect “
ARCHITECTURE (SUNDRY PROVISIONS) together with another word
( architectural designer, architectural
services)
SECTION 25. Registration of Architects  Illegal practitioners cannot use or
Required display any title to indicate that he is
practicing architecture (which
This is the focal point in the practice of
includes calling card and social
architecture
media like public post of advertising)
Progressive requirement to practice  Illegal practitioners cannot use or
architecture: advertise any title tending to convey
the impression that he is an architect
 Passed board  Facebook posts, social media?
 Take oath of profession There are students that post their
( this is what we are going to rendering works to advertise. Once
recite ) – if you don’t take this you advertise, this means offering
you are not an architect works .. and you are prohibited..
- It is a sacred trust not a
mere ceremony It will be unethical basing on the
st
1 : Oath of allegiance and wordings you posted or it is not
obeying laws – susundin ang supposed to be posted
batas ng pilipinas
2nd: adherence to ethical  Posting thesis:? violates section
standards and professional 25. The thesis is requirement for
rules education and not in implementation.
 Issuance of certificate of It is only a test for their skills that
registration ( you can see indicates that they are ready to
here the title architect ) graduate in the institution
CASE: Unlicensed person using business
card that associated with architect.
Owner of architectural business is SECTION 35. Positions in Government
unlicensed. Practice of architecture is not a Requiring the Services of Registered and
business but an occupation Licensed Architects
Draftsman is collecting fees. Licensed SECTION 36. Collection of Professional
architect did not give authority to draftsman Fees
Owner of drafting and design business Cannot claim equivalent fees
practice architecture without license in
SECTION 37. Limitation to the
violation of state statue even though plans
Registration of a Firm, Company,
were never erected
Partnership, Corporation or Association
SECTION 38. Coverage of
SECTION 26. Vested Rights. Architects Temporary/Special Permits
Registered When This Law is Passed
SECTION 39. Liability Insurance of a
SECTION 27. Reciprocity Requirements Person or Entity Allowed to Practice under
a Temporary/Special Permit
SECTION 28. Continuing Professional
Development (CPD)
RULE V
SECTION 29. Prohibition in the Practice FINAL PROVISIONS
of Architecture and Penal Clause
SECTION 40. Integration of the
- any person whether filipino or
Architecture Profession
foreigner who knowingly allows
to use any plans, designs, SECTION 41. Implementing Rules and
documents made by any entity Regulations
not duly licensed to engage in
practice architecture is guilty. SECTION 42. Appropriations

SECTION 30. Prohibition in the Practice SECTION 43. Act Not Affecting Other
of Architecture Professionals

SECTION 31. Liability of Representatives SECTION 44. Enforcement of the Act


of Non-Registered Persons SECTION 45. Separability Clause
SEC. 32. Signing and Sealing of SECTION 46. Repealing Clause
Architectural Plans, Specifications,
Architectural Permit and Other Contract SECTION 47. Effectivity
Documents
SECTION 33. Ownership of Plans,
Specifications and Other Contract
f)
Documents
SECTION 34. Non-Registered Person
shall not Claim Equivalent Service
If you’re not licensed you cannot do plans
and works that are only for architects

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