PRBoA
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009) UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting Saturday, 22 August 2009 for the PRC Professional Regulatory Board of Architecture
(PRBoA) Ar Armando N. ALLĂ? fuap, hfpia, aaif, apec ar
Chairman, PRBoA (Resource Person)
PRBoA
R.A. No. 9266 and the Stream of Laws, Rules & Regulations LOWER than International Agreements and the 1986 Philippine Constitution 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 IRRs and all other regulations are mere executive issuances that could be amended or repealed by the executive branch as the needs arise.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.
Laws/ Regulations (Local Level)
Note: Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
R.A. No. 9266 Primary Stakeholders: +/+/-24,000
Registered Architects or RAs (Natural Persons/ Persons/ NP NPss, including the deceased and retired); retired); +/+/-14,000 Registered & Licensed Architects or RLA RLAss (NPs with renewed, valid and current PRC ID cards/ licenses; licenses;
7,000 UAP UAP--IAPOA Members (NPs in including cluding +/+/-300 excluding cluding GA & SA ); College of Fellows/CoF Fellows/CoF Members, Members, ex (+/--2,000 (+/ 2,000)) PIA Members (NPs NPs)); (+/--150 (+/ 150)) AAIF Members (NPs NPs)); +/+/-70 CODHASP Member Schools (Juridical Persons/ Persons/ JPs JPs made up of RLAs in a collaborative activity) activity); +/+/-35 Alumni Associations; undetermined number of Student Associations; Associations; and No Association of Firms (to succeed the CCAPP which folded up in late 2006). +/ +/--
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
R.A. No. 9266 & Architectural Laws - Brief History: History: a) Took effect 10 April 2004; 2004; b) Signed into law by PGMA on 17 March 2004; c) Crafted from 2001 through 2004 in Congress by the UAP, PIA and AAIF with the full participation of the Phil. Inst. of Civil Engineers (PICE PICE));
d) Effort to amend R.A. No. 1581 at the Batasang Pambansa in the early 1980s by the UAP; e) R.A. No. 1581 (amended Architecture Law) signed June 1956 together with R.A. No. 1582 (amended (amended civil engineering/CE law); law); and f) R.A. No. 545 (organic Architecture Law) signed June 1950 together with R.A. No. 544 (organic (organic CE law). law). _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
P.D. No. 1096 (1977 NBCP) NBCP)-Brief History: History: a) Took effect 1977 after it was signed into law by Pres. Ferdinand E. Marcos in February 1977; b) Extensive IRR promulgated by the DPWH in 1979; 1979; c) initial IRR revisions in the early 1990s; d) Revised IRR revisions promulgated by DPWH on 29 October 2004, published thrice in April 2005 and took effect on 01 May 2005; e) 2004 Revised IRR in effect over the period 01 – 24 May 2005; 2005; f) 2004 Revised IRR effectivity interrupted by TROs and Injunction of 24 May 2005 on Secs Secs.. 302.3 & 4 of the 2004 Revised IRR;
g)May 2005 Injunction on Secs g)May Secs.. 302.3 & 4 of the 2004 Revised IRR lifted/ dissolved by Court Order on 29 January 2008; h)Lifting/ dissolution of the May 2005 Injunction on Secs Secs.. 302.3 & 4 of the 2004 Revised IRR affirmed by Court Order; and i)Copy of the 04 May 2009 Court Order delivered to DPWH & to OSG by the RTC Manila Branch 22 Court Sheriff.
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
R.A. No. 9266 in relation to p.d. p.d. no. 1096 (1977 NBCP) and its 2004 RR-IRR Sec. 302 of P.D. No. 1096 (the 1977 NBCP) NBCP) does NOT state/ NEVER stated that Civil Engineers (CEs) can sign or seal ARCHITECTURAL Documents was again Reconfirmed in June 2009 by the National Printing Office (NPO) and the Malaca単ang Records Office as Authentic & Un Un--amended since February 1977
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA Section Nos. No. 302.3 & 4 of the 2004 Revised IRR of p.d. p.d. no. 1096 (1977 NBCP) HAVE BEEN IN EFFECT SINCE FEBRUARY 2008
a) The May 2005 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. Secs. 302.3 & 4 of the 2004 Revised IRR (R(R-IRR) of P.D. No. 1096 (1977 NBCP) NBCP) was LIFTED/ DISSOLVED by the Court (RTC Mnaila Branch 22) in its Order (cum Decision) signed 29 January 2008; 2008; b) The Court Order was to take effect automatically in accordance with the Rules of Court and with Philippine 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; all national and local government officials had t comply with the 29 January 2008 Court Order; Order; this meant that the 2004 RR-IRR implementation interrupted by the May 2005 Injunction had already RESUMED effectivity automatically; automatically; c) as early as February 2008, the DPWH and its Building Officials had to LIMIT the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly abide by the DEFINITION of the ARCHITECTURAL documents; all these officials who refuse/d to abide by the Court Order have clearly violated the 29 January 2008 Court Order and are clearly LIABLE; LIABLE; The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
UAP-IAPOA College of Fellows (CoF)
2nd
22 August 2009 Monthly Breakfast Meeting
for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA p.d. no. 1096 (1977 NBCP) HAVE BEEN IN Section Nos. No. 302.3 & 4 of the 2004 Revised IRR of p.d. EFFECT SINCE FEBRUARY 2008
d) The 04 May 2009 Court Order AFFIRMING its 29 January 2008 lifting/dissolution of the Injunction on Secs. Secs. 302.3 & 4 of the 2004 RR-IRR confirms that these are in full effect! effect! e) the DPWH and its Building Officials have to LIMIT the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly abide by the DEFINITION of the ARCHITECTURAL documents.
f) While the CEs may have the right to appeal the Court Orders/ Decision at the Court of Appeals (CA), the 29 January 2008 and the 04 May 2009 Court Orders have to be followed in the absence of any Order form the CA. g) 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 Supreme Court on a question of law (petitions for certiorari and mandamus). mandamus). The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
UAP-IAPOA College of Fellows (CoF)
2nd
22 August 2009 Monthly Breakfast Meeting
for the PRC PRBoA (Ar Armndo N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
R.A. No. 9266 in relation to p.d. p.d. no. 1096 (1977 NBCP) and its 2004 RR-IRR
Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. Secs. effect! These No. 1096 (1977 NBCP) NBCP) are in full effect! sections LIMIT the signing and sealing of ARCHITECTURAL documents only to RLAs and clearly DEFINE the ARCHITECTURAL documents; NO Temporary Restraining Order (TRO TRO); ); and NO Writ of Preliminary Injunction Injunction;; Very Important Notes: Notes: The May 2005 Injunction secured by the PICE was lifted/ dissolved on 29 January 2008 by a Court Order/ Decision. The Order/ Decision was affirmed by the Court on 04 May 2009. The 04 May 2009 Court Order was served by personal service today (10 August 2009) to the DPWH and the OSG by the Sheriff of RTC Manila Branch 22. PICE has already appealed to the CA.
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
What is the Effect of the 10 August 2009 Serving of the 04 May 2009 Court Order by Personal Service (by the Sheriff of RTC Manila Branch 22) to DPWH Sec. Ebdane & his Counsel? Counsel? The event means that the interrupted implementation and enforcement of Secs Secs.. 302.3 & 4 (already in effect from 01 through 24 May 2005) have RESUMED as of 10 August 2009. All Building Officials (BOs BOs)) nationwide must now implement and enforce Secs Secs.. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (1977 NBCP). There may be no need for a DPWH Memorandum Order as the Court Order is immediately executory under the Rules of Court and Phil. Jurisprudence. _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
Why did the UAPUAP-IAPOA Intervene in the 2005 Petition Filed by the PICE vs. DPWH Sec. Ebdane? Ebdane? 1) While purportedly about Secs. Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 (1977 NBCP), NBCP), the 2005 PICE Petition was an indirect attack on R.A. No. 9266; it appeared to be an attempt to amend R.A. No. 9266 through a court decision; 2) The RLAs through the UAPUAP-IAPOA had to protect R.A. No. 9266 in the subject civil case only through intervention i.e. the UAP was not originally a party to the civil case; and 3) An uncontested lower court decision favoring CEs and with a certificate of finality could have the effect of changing the provisions of R.A. No. 9266 that LIMIT to RLAs the signing and sealing of ARCHITECTURAL documents and that DEFINE ARCHITECTURAL documents i.e. just as Secs. Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096 did.
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
R.A. No. 9266 Implementation Successes: Successes: Some LGUs are already fully or partially implementing/ enforcing R.A. No. 9266 via Administrative Orders (AOs AOs); ); Some National Government Agencies (NGAs NGAs)) and
LGUs require RLAs or registered architectural firms (RAFs)) in their procurement activities under R.A. No. 9184/GPRA; (RAFs HLURB now requires temporary/ special permits (TSPs) for Foreign Architects (FAs) preparing plans for subdivision and condominium projects; BID now also requires TSPs from PRC for Foreign Architects (FAs) preparing plans for Philippine projects;
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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)
PRBoA
+/ +/--2-Year Due Process Flow of Criminal Complaints for R.A. No. 9266 Violations: 1) Complaint filed at the PRC; 2) PRBoA establishes prima facie finding; 3) Complaint Endorsed to DoJ Secretary; 4) after review, DoJ Secretary endorses to either
the NBI or Local Prosecutor/Fiscal; 5) Local Fiscal investigates and either files informat informat-ion with the Court (if there is probable cause) or reversereverseendorses the complaint to either the DoJ Secretary or the PRC/ PRBoA (in case of no finding of probable cause) i.e. STILL NO CRIMINAL CASE FILED IN COURT AFTER +/+/-2 YEARS!!! _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
It is so much easier for anyone to file an Administrative Complaint vs. a registered and licensed architect (RLA) at the PRC as compared to filing a Criminal Complaint vs. an Unregistered Person for R.A. No. 9266 Violations in Court! The Preliminary Investigation at the DoJ alone takes years to resolve. Note: At the PRC, it only takes an affidavit-complaint signed by a lawyer plus a P235 docket fee to file a case against a RLA. Over the last 3 years, about 20 RLAs have already had their licenses suspended or revoked. _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
Continuing Threats to Philippine registered & licensed architects (RLA RLAss) & their practice: GOVERNMENT in general (National & LGUs) LGUs);
MEDIA in general; general; BIG BUSINESS in general; OTHER PROFESSIONALS in general; FOREIGN CONSULTANTS/ BPO Firms; UNREGISTERED PERSONS; (including persons with some knowledge of architecture e.g. students, apprentices, etc.) etc.)
RLAs themselves, Apathy, Complacency, etc.
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The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
Urgent and Special Concerns: Concerns: 1) legal initiatives to fully implement and enforce R.A. No. 9266 e.g. addressing the continuing illegal practices by firms and individuals, acts by other statestate-regulated professions to coco-opt the practice of architecture, continuing violations by national and local government officials, etc.; 2) IRR covering the Standards of Professional Practice (SPP); (SPP); 3) the GATS GATS,, APEC Architect Registry and ASEAN MRA; 4) the CPE/ CPD program; 5) 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. 220, R.A. No. 9184, R.A. No. 7160, etc.) and their IRRs/ derivative regulations; 6) the B.S. Architecture curriculum curriculum;; 7) media campaign for the architectural profession; and 8) volunteerism at community level and a civic face for RLAs. _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
Is R.A. No. 9266 being Implemented and Enforced? YES and NO In places where it is being implemented and enforced, is the implementation and and enforcement being carried out properly? YES and NO _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
What can the RLAs do? do? Disseminate information to the national and local government; continually lobby for the implementation & enforcement of both P.D. No. 1096 & R.A. No. 9266. What can the UAPUAP-IAPOA do do? ? Bring the matter before the Supreme Court. Theoretically, all 3 branches of government are already behind the RLAs, except on the matter of implementation and enforcement. What can the UAPUAP-IAPOA CoF do? do? Be proactive in guiding the younger UAPUAP-IAPOA members. They are the future of the profession. Let us all learn about what is happening and teach them how to interpret and act. Lets us write and talk about it openly. This problem has been around for almost 70 years! _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)
PRBoA
Mabuhay ang mga Arkitektong Pilipino! Mabuhay ang mga tamang batas na nararapat lamang ipatupad ng pamahalaan! pamahalaan!
Thank You and a Pleasant Morning to You All! _____________________________________________________________________________________________________________________________________________________________________
The Implementation & Enforcement of R.A. No. 9266 (as of August 2009)
22 August 2009
UAP-IAPOA College of Fellows (CoF) 2nd Monthly Breakfast Meeting for the PRC PRBoA (Ar Armando N. ALLI, fuap, hfpia, aaif, apec ar, PRBoA Chairman as Resource Person)