UAP Socksargen pushes for RA 9266 in GenSan!

Another UAP chapter has made progress in the implementation of RA9266 in their locality. Congratulations to UAP Socksargen Chapter for pushing this agenda. Leading the action is past UAP NEVP Mike Ang, who together with his chaptermates, wholeheartedly worked on the passage of Sangguniang Panlunsod No. 303 in the implementation of RA9266 and the RIRR of the NBCP in General Santos City. This will serve as another inspiration for other chapters to follow!

Architect-Owner Agreement

UAP Document 401 provides the format for the Owner-Architect Agreement. However, since the adoption of the 2010 Standards of Practice (SPP) Documents by the PRBoA and the 2014 Architects Guidelines on Methods of Compensation and Schedule of Fees, the document has not yet been amended or updated. Here is a sample format for the contract which incorporated the 2010 SPP and 2014 Architects Guidelines. This sample contract can be used for the basic or full detailed architectural and engineering design (DAED) services. You may amend some provisions to suit your project requirements.


PROJECT      :           __________________
LOCATION     :        ___________________


OWNER-ARCHITECT AGREEMENT


THIS AGREEMENT, made and entered into this __ day of Month, Two Thousand and xxx by Mr. ________________ of legal age, Filipino and with postal address __________________, the party of the First Part, hereinafter called the OWNER and between ____________, a duly registered and licensed architect under the laws of the Republic of the Philippines with PRC Registration No __________, of legal age, Filipino and with postal address at ________________________, the party of the Second Part, hereinafter called the ARCHITECT.

WITNESSETH,

That whereas the OWNER intends to build a (project title) building at (lot number/street/barangay/municipality/city), hereinafter called the PROJECT.

NOW, THEREFORE,

The OWNER and the ARCHITECT, for and in consideration of the foregoing premises and of the other covenants hereinafter named, agree as follows:

ARTICLE 1.    SCOPE OF WORK

That the scope of work to be done by the Architect, as herein authorized by the Owner for the subject Project herein referred to, consists of professional services for the following:
1.01 Site development planning (SDP) of the grounds of the building, including other concomitant structures within the Project site, as may be determined by the Owner.
1.02 Basic (Regular) Detailed Architectural and Engineering (DA&E) Design of the Project to be located at ________________________________.

ARTICLE 2.    ARCHITECT’S BASIC SERVICES

The Architect’s Basic Services consist of the following:

2.01 Project Definition Phase

This phase involves the definition of the requirements of the project by the Owner. The Architect in turn informs the Owner of the technical requirements of the project and the concomitant professional fees. In this phase, the Architect:
2.01.01 consults with the Owner to ascertain the conceptual framework and related requirements of the project and confirms such requirements with him.
2.01.02 gathers relevant information and data leading to the definition of the requirements of the project, including the scope of the Architect’s services.
2.01.03 reviews and refines the owner’s space requirements and translates  them into an architectural program.
2.01.04 prepares an initial statement of probable construction cost.

2.02 Schematic Design Phase

This phase consists of the preparation of schematic design studies derived from the Project Definition Phase, leading to conceptual plans. The Architect:
2.02.01 evaluates the Owner’s program, schedule, budget, project site and proposes methods of project deliveries.
2.02.02 prepares the initial line drawings representing design studies leading to a recommended solution, including a general description of the project for approval by the Owner.
2.02.03 submits to the Owner a Statement of the Probable Project Construction Cost (SPPCC) based on current cost parameters.

2.03 Design Development Phase

Based on approved schematics and conceptual plans, the Architect prepares:
2.03.01 the Design Development documents consisting of plans, elevations, sections and other drawings,
2.03.02 outline specifications to fix and illustrate the size and character of the entire project as to type of materials, type of structural, electrical, mechanical, sanitary, electronic and communications systems.
2.03.03 diagrammatic layout of construction systems, and
2.03.04 an updated  SPPCC for submission to the Owner.

2.04 Contract Document Phase

Based on the approved Design Development Documents, the Architect:
2.04.01 prepares the complete Contract Documents consisting of detailed designs and construction drawings, setting forth in detail the work required for the architectural, structural, electrical, plumbing/ sanitary, mechanical, electronic and communication works prepared by the Architect and the respective professionals involved.
2.04.02 prepares Technical Specifications describing type and quality of materials, finish, manner of construction and the general conditions under which the project is to be constructed.
2.04.03 submits to the Owner seven (7) sets of all construction drawings and technical specifications for purposes of obtaining a building permit.
2.04.04 updates the SPPCC based on changes in scope, requirements or market conditions.
2.04.05 assists the Owner in filing the required documents to secure approval of government authorities having jurisdiction over the design of the Project.

2.5 Bidding or Negotiation Phase

2.05.01 In this phase, the Architect:
a. prepares the Bid Documents such as forms for contract letting, documents for construction, forms for invitation and instruction to bidders, forms for bidders’ proposals, general / specific conditions of contract, etc.
b. assists the Owner from the early stage of establishing a list of prospective Contractors to awarding of the construction contract.

2.05.02 For competitive bids / procurements, the Architect:
a. furnishes complete sets of the Bid Documents for purposes of bidding in as many sets as may be required to conduct a successful bidding. The said documents are loaned to bidders at an amount sufficient to cover direct and indirect costs attendant to the preparation, packaging, reproduction and delivery of the said documents.
The Bid Documents are the intellectual property of the Architect (Sec. 33 of R.A. No. 9266), and must be returned by all entities acquiring bid documents. A bond may be required to assure the return of the Bid Documents.
The Architect retains the sole ownership and copyright to the said documents (Sec. 33 of R.A. No. 9266). As such, bidders must not reproduce nor use the documents for unauthorized purposes. The Owner also must not use the documents for any other purpose other than the project for which the Owner and Architect signed an agreement.
b. helps in organizing and conducting pre-bid conferences,
c. responds to questions from bidders,
d. assists the Owner in obtaining proposals from Contractors, analyzes bid results and prepares abstract of bids, notice of award, notice to proceed and other construction contracts.

2.05.03 For negotiated contracts, the Architect performs similar functions as in item 2.5.2 but negotiates with one Contractor instead of many bidders.

2.06 Construction Phase

In this phase, the Architect performs the following:
2.06.01 makes decisions on all claims of the Owner and Contractors on all matters relating to the execution and progress of work or the interpretation of the Contract Documents.
2.06.02 prepares change orders, gathers and turns over to the Owner written guarantees required of the Contractor and Sub-Contractors.
2.06.03 makes periodic visits to the project site to familiarize himself with the general progress and quality of work and to ascertain that the work is proceeding in accordance with the Contract Documents. The Architect shall not be required to make exhaustive or continuous 8-hour on-site supervision to check on the quality of the work involved and shall not be held responsible for the Contractor's failure to carry out the Construction work in accordance with the Contract Documents. During such project site visits and on the basis of his observations, he shall report to the Client defects and deficiencies noted in the work of Contractors, and shall condemn work found failing to conform to the Contract Documents.
2.06.04 determines the amount owing and due to the Contractor and issues corresponding Certificates for Payment for such amounts based on his observations and the Contractor's Applications for Payment. These Certificates will constitute a certification to the Client that the work has progressed to the state indicated and that to his best knowledge, the quality of work performed by the Contractor is in accordance with the Contract Documents. The Architect shall conduct the necessary inspection to determine the date of substantial and final completion and issue the final Certificate of Payment to the Contractor.
2.06.05 Should more extensive inspection or full-time (8-hour) construction supervision be required by the Client, a separate full-time supervisor shall be hired and agreed upon by the Owner and the Architect subject to the conditions provided in the SPP Document on Full -Time Supervision. When the Architect is requested by the Owner to do the full time supervision, his services and fees shall be covered separately in conformance with the applicable and appropriate SPP Document.

ARTICLE 3.    ARCHITECTS’ FEE AND MANNER OF PAYMENTS

3.01 That the Owner agrees to pay the Architect for professional services, a fee of ____________________, with other payments and reimbursements hereinafter provided, exclusive of twelve percent (12%) Value-Added Tax (VAT), the said amount hereinafter called the Basic Rate.

3.02 Payments to the Architect on account of the agreed Professional Fee shall be made by the Owner on the different phases of the work of the Architect as follows:

3.02.01 Upon signing of the Service Agreement:  An amount equivalent to 5% of the agreed Professional Fee shall be paid by the Owner as engagement fee or as the acceptance fee of the Architect that shall cover the mobilization component of the services. The Professional Fee shall be computed based on the Statement of Probable Project Construction Cost (SPPCC) as included in the Annex of the Service Agreement.

3.02.02 Upon the completion of the Schematic Design Phase: Upon completion and submission of the documents under Schematic Design Phase as stipulated in the Service Agreement, but not more than 15 days after submission of the documents to the Owner, the Owner shall pay the Architect a sum equal to fifteen percent (15.0%) of the Professional Fee, or a sum sufficient to increase the total payments on the fee to twenty (20.0%) percent of the Professional Fee (amount paid under Section 3.02.01 shall be deducted from the total amount). The Professional Fee shall be computed based on the Statement of Probable Project Construction Cost (SPPCC) that shall be part of the documents to be submitted at this particular stage.

3.02.03 Upon the completion of the Design Development Phase: Upon completion and submission of the documents under Design Development Phase as stipulated in the Service Agreement, but not more than 15 days after submission of the documents to the Owner, the Owner shall pay the Architect a sum equal to twenty percent (20.0%) of the Professional Fee, or a sum sufficient to increase the total payments on the fee to forty (40.0%) percent of the Professional Fee (accumulated amount paid under Section 3.02.02 shall be deducted from the total amount). The Professional Fee shall be computed based on the Statement of Probable Project Construction Cost (SPPCC) that shall be part of the documents to be submitted at this particular stage.

3.02.04 Upon the completion of the Contract Document Phase: Upon completion and submission of the documents under Contract Document Phase as stipulated in the Service Agreement, but not more than 15 days after submission of the documents to the Owner, the Owner shall pay the Architect a sum equal to fifty percent (50.0%) of the Professional Fee, or a sum sufficient to increase the total payments on the fee to ninety (90%) percent of the Professional Fee (accumulated amount paid under Section 3.02.03 shall be deducted from the total amount). The Professional Fee shall be computed based on the Statement of Probable Project Construction Cost (SPPCC) that shall be part of the documents to be submitted at this particular stage.

3.02.05 Bidding or Negotiation Phase: Within 15 days after the award to the winning bidder or bidders the payment to the Architect shall be adjusted so that it will amount to a sum equivalent to ninety (90%) percent of the Professional Fee, computed upon the lowest bona fide Bid or Bids or upon the winning Bid Price.

3.02.06 Construction Phase: The remaining of the ten (10%) percent of the Professional Fee is broken down as follows:
a) Five (5%) percent for Architect's Liability under the Civil Code, and
b) Five (5%) percent for the Periodic Construction Supervision (PCS)

Progress Billing can be done on the remaining ten percent (10%) of the Architect’s Fee based on the original Statement of Probable Project Construction Cost (SPPCC).

Upon completion of the work (when Certificate of Completion is issued to Contractor), the balance of the Architect shall be paid computed on the Final Project Construction Cost (FPCC).

6.4.7 The Owner can make partial payments during each of the various stages of the Architect’s work, upon request of the Architect, provided that such payments are within the framework of the manner of payments outlined above.

ARTICLE 4. THE OWNER’S RESPONSIBILITIES

4.01 Provide full information as to his requirements for the Project.
4.02 When necessary, designate a representative authorized to act on his behalf.
4.03 Promptly examine and render decisions pertaining to documents submitted by the Architect to avoid unreasonable delay in the progress of the Architect’s work. The Owner should issue orders to the General Contractor only through the Architect.
4.04 Furnish or direct the Architect to obtain at his expense, a certified survey of the site, giving, as may be required, topographical and/or relocation surveys covering grades and lines of streets, alleys, easements, encroachments and related information, boundaries, with dimensions and complete data pertaining to existing buildings, structures, trees, plants, water bodies, wells, excavations / pits, etc. and other improvements and full information as to the available utility / service lines both public and private; zoning compliances, clearances, deed/s of restrictions, encumbrances and annotations to titles, association guidelines and standards, and soil investigations / tests, borings and test pits necessary for determining soil and sub-soil conditions.
4.05 Promptly pay for architectural and all other engineering and allied services required for the project.
4.06 Pay for the design and consulting services on acoustic, communication, electronic, and other specialty systems which may be required for the project.
4.07 Arrange and pay for such legal, auditing, insurance, counseling and other services as may be required for the project.
4.08 Pay for all reimbursable expenses incurred in the project as called for in Section 7: “Other Conditions on Services” and all taxes including VAT (but not including income tax) that the government may impose on the Architect as a result of the services rendered by the Architect on the project, whether the services were performed as a natural person i.e. an individual practitioner or as a juridical entity i.e. as a sole proprietorship, partnership or corporation.
4.09 If the Owner observes or otherwise becomes aware of anything that may impair the successful implementation of the project, he shall give prompt written notice to the Architect.

ARTICLE. 5. PROJECT CONSTRUCTION COST

Project Construction Cost (PCC) as herein referred to, means the cost of the completed building to the Owner, including the structure, plumbing/sanitary and electrical fixtures, mechanical equipment, elevators, escalators, air-conditioning system, fire protection system, alarm and clock system, communications and electronic system, elements attached to the building and all items indicated in the plans, designs, drawings and specifications prepared by the Architect and his consultants. The construction cost of other items planned and designed by the Architect, such as architectural interiors (AI) and site development plan elements and other items of similar nature, additionally planned / designed by the Architect are also part of the PCC.

The cost of materials used and the labor for their installation are part of the PCC. If these items are furnished by the Owner below its market cost, the cost of the material and labor shall nonetheless be computed on the basis of the current (and fair market value) costs.

The PCC does not include any of the fees for the Architect, the Engineer, the Specialist Consultants or the salaries of the construction inspectors.

ARTICLE 6.   BASIC FEE AND BASIC RATE

The “Basic Fee” and “Basic Rate” refers to the compensation to the Architect on account of his delivery of the Regular or Basic Services referred to in Article 2. Where the Architect has to render more than the regular or basic services, it shall be the subject of a special additional charge commensurate with the special services required. Such special charge shall be in additional to the basic fee provided herein.

ARTICLE 7. OTHER EXPENSES CHARGEABLE TO THE OWNER

7.01Government Taxes on Service: The Architect’s Fee is a net amount. Any tax (exclusive of income tax) that the national and/or local government/s may impose on the Architect as a consequence of the services performed for the project shall be paid by the Owner.

7.02 Different Periods of Construction:   If portions of the building/s are erected at different periods of time, thus increasing the construction period and Architect’s burden of services, charges pertaining to services rendered during the Construction Phase shall be adjusted proportionately. When the suspension of construction exceeds a period of six (6) months, the fee for the remaining works shall be doubled.

7.03 Services of Specialist Consultants: If the Owner requires the services of specialist consultants, they shall be engaged with the consent of the Architect. The cost of their services shall be paid for separately by the Owner and shall not be deducted from the Architect’s fee.

7.04 Other Professional Services: that the Architect’s fee includes normal structural, electrical, electronics, plumbing, sanitary and mechanical engineering services. Services for survey, soil exploration and laboratory test are on the account of the Owner as stipulated in Article 4.04. Other services that may be needed in order to complete the project such as services of acoustic and illumination engineers / specialists, mural painters, sculptors, and other service providers are to be recommended by the Architect for the Owner’s approval. Costs for these services are to be paid for separately by the Owner and shall be subject to a coordination fee payable to the Architect.

7.05 Separate Services: Should the Owner require the Architect to design movable or fixed pieces of cabinets and other architectural interior (AI) elements, site development plan (SDP) components, urban design elements, and other items of similar nature, the Owner shall pay the Architect in addition to the Architect’s fee. The fee shall be based on an agreed method of compensation.

7.06 Miniature Models: Should a scale model, 3D models and/or walk-thru presentation of the architect’s design be necessary for exhibition and display purposes, they are to be recommended by the Architect for the Owner’s approval. Costs for these services are to be paid for separately by the Owner and shall be subject to a coordination fee payable to the Architect.

7.07 Per Diems and Traveling expenses: A per diem of not less than __________ Pesos (P 0,000.00) plus traveling and living expenses shall be chargeable to the Owner whenever the Architect or his duly authorized representative is required to perform services at a locality beyond 50.0 kilometers (air, straight line or radial distance) from his established office as it appears in the Architect’s letterhead.

7.08 Extra Sets of Contract Documents: The Architect is to furnish the Owner  seven (7) sets of Drawings, Specification and other Contract Documents. Cost for printing or reproduction of extra sets of Contract Documents when required by the Owner or his representative is to be paid by the Owner at a cost equivalent to ______________ Pesos (P00,000.00) per set.

7.09 Changes Ordered by Owner: If the Architect renders additional professional services due to changes ordered by the Owner after approval of the Architect’s outputs, the Owner shall pay the Architect for extra time, resources/ drafting, or other office expenses.

7.10 Work Suspended or Abandoned: If the work of the Architect is abandoned or suspended in whole or in part, the Owner shall pay the Architect for the services rendered corresponding to the amount due at the stage of suspension or abandonment of the work.

The primary service of the Architect is the preparation of architectural plans/designs, specifications and other building construction documents. These are sets of detailed instructions that shall serve as the basis for the General Contractor to implement the project. Once the Architect has prepared all these documents, the Architect has completed the Detailed Design and Contract Documents Phase of his services, which is equivalent to Ninety percent (90%) of his work.

When the Owner therefore fails to implement the plans and documents for construction as prepared by the Architect, the Architect is entitled to receive as compensation the sum corresponding to ninety percent (90%) of the Architect’s fee

ARTICLE 8. FULL-TIME SUPERVISION

Upon recommendation of the Architect and with the approval of the Owner, full-time construction supervisors as will be deemed necessary shall be engaged and paid by the Owner. If no Project / Construction Manager is present, the full-time construction supervisor shall be under the technical control and supervision of the Architect and shall make periodic reports to the Owner and to the Architect regarding the progress and quality of the work done.

ARTICLE 9. ESTIMATE

Any SPPCC or any Cost Estimate submitted by the Architect can attain only a certain degree of accuracy. As the Architect has no control over the cost of labor and materials, or the many factors that go into competitive bidding, he does not assume any professional responsibility for such cost estimates, unless glaring errors or discrepancies are clearly evident.

ARTICLE 10. COST RECORDS

During the progress of work, the Owner shall furnish the Architect a copy of the records of expenses being incurred on the construction. Upon completion of the project, the Owner shall furnish the Architect a copy of the summary of all cost of labor, services, materials, equipment, fixtures and all items used at and for the completion of the construction.


ARTICLE 11.  DESIGN AND PLACEMENT OF SIGN

All signboards of the General Contractor, sub-contractors, jobbers and dealers that shall be placed at the project site during the progress of construction shall be approved by the Architect as to size, design and contents. After the completion of the project, the Owner or his building lessee shall consult the Architect for the design, size of all signboards, letterings, directories and display boards that will be placed on the exterior or public areas attached to the building project in order to safeguard the Owner’s interest. Nothing should be installed inside or outside of the building that would compromise its safety and aesthetics.

ARTICLE 11. OWNERSHIP OF DOCUMENTS

All designs, drawings, models, specifications and other contract documents and copies thereof, prepared, duly signed, stamped and sealed and furnished as instruments of service, are the intellectual property and documents of the Architect, whether the work for which they were made is executed or not, and are not to be reproduced or used on other work except with a written agreement with the Architect (Sec. 33 of R.A. No. 9266).

ARTICLE 12. SUCCESSORS AND ASSIGNS

The Owner and the Architect each binds himself, his partners, successors, legal representative and assign to the other party to this Agreement, and to the partners, successors, legal representative and assigns of such other party in respect of all covenant to this Agreement. Except, as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other.

ARTICLE 13. ARBITRATION

All questions in dispute under this Agreement shall be submitted in accordance with the provisions of the Philippine Law on Arbitration and provided for in Art. 2042 of the New Civil Code of the Philippines and the provision of the Republic Ac. No. 876, (but all litigations shall be confined under the jurisdiction of city/municipality and both parties agree not to adjudicate in any other areas for that matter.)

The Parties in dispute under this Agreement hereby agree to full performance of the covenants contained herein.


IN WITNESS WHEREOF, the parties to this Agreement have on the day and year first above given, hereunto set their hands at the bottom of this page and on the left-hand margin of all the other pages of this Agreement.

By:

NAME OF OWNER/CLIENT NAME OF ARCHITECT
OWNER                          ARCHITECT

SIGNED IN THE PRESENCE OF:


_________________________________                           ______________________________


ACKNOWLEDGEMENT


Republic of the Philippines)
City/Municipality of _______________ ) S.S.

Before me, a Notary Public in ______________ personally appeared Mr. _______________, with Residence Certificate No. _____________ issued on _______________at ______________ and Architect _______________ with Residence Certificate No. _____________ issued on ____________ at ______________, both known to me and to me known to be the same persons who execute the foregoing instrument and acknowledged to me that the same is their free act and deed.

In witness whereof, I have hereunto set my hand and affixed my Notarial Seal this __ day ______________ in the City of ___________, Philippines.


  ________________________
                                                                                        NOTARY PUBLIC

Implement RA9266 or the Architecture Act of 2004!

Implement RA 9266 Now! More and more buildings and residential structures are being constructed and yet many have become an eyesore and are not properly planned to the dissastifaction of the users and detriment to the environment.

Developments in recent years witness how the practice of architecture has been appropriated by many entities who are not academically trained or professionally qualified to engage in the practice of the profession.  These include other professionals, project managers, contractors/subcontractors, developers, capitalists, investors, foreign practitioners, and local and foreign corporations/firms directly or indirectly involved in land and property development work.

The sorry state of our built environment can be attributed to the proliferation of unqualified entities providing planning, design and construction of buildings who have no professional responsibility nor civil liability for the erected structures. This has placed the public at great risk considering graphic tragedies resulting from faulty planning or design. It should be noted too, that designing for buildings is not only about strength but also about utility or function and aesthetics. Buildings should be designed in accord to its site conditions and its impact to the environment as well as considering socio-cultural and historical context.

It is high time that the Filipino public be assured that only individuals who have been properly educated, qualified and trained will undertake the planning and design of buildings and be held responsible for such acts.

The Architecture Act of 2004 [R.A. 9266]  regulates the practice of architecture and defines the scope thereof.  The said law is clear and categorical — only architects can prepare and sign architectural documents (Section 20, par. 5).  There are no ifs or buts about it.  The law does not provide for any exception. Only architects.  And not only that, it also prohibited building officials from accepting or approving architectural plans or specifications which are not signed by architects (Section 20, par. 2).

Thirteen years has passed and yet the law is NOT being implemented in many areas in the Philippines. Sadly, up to now, several building permits are being processed and approved without the involvement of an architect.

Let us put a stop to this unfavorable practice. The government must ensure that the built environment is well-planned and designed to come up with more livable and safe communities. Enforce RA9266! And ensure that no building permit will be approved unless it carries the signature and seal of an architect!

SIGN THE PETITION HERE!

Architects' Guidelines: Methods of Compensation and Schedule of Fees

Here is a condensed version of the Architects' Guidelines: Methods of Compensation and Schedule of Fees which was recently approved by the PRC Board of Architecture thru PRBoA Resolution No. 6 s2016. This copy is based on the submitted document to PRBoA in 2014.

Download a copy of the above condensed version HERE.

Download full copy of the Architects' Guidelines (as submitted to PRBoA in 2014) HERE.

WHO SHOULD SIGN?

Developments in recent years witness how the practice of architecture has been appropriated by many entities who are not academically trained or professionally qualified to engage in the practice of the profession.  This situation had eroded the local and international professional standing of the Filipino architect and has resulted in the architectural planning and design of buildings by unqualified entities who have no professional competence for the erected structures. 

It is high time that the Filipino public be assured that only individuals who have been properly educated, qualified and trained will undertake the architectural planning and design of buildings and be held responsible for such acts.

More than half a century ago just after World War II, RA 545 or the old Architecture law allowed non-architects to participate in the preparation of plans and specifications of buildings, which is the primary function of an architect to assist in the immediate rebuilding of the country. At that time, there were only about 350 architects in the Philippines. In 2004, there were about 17,000 registered and licensed architects representing an almost 500% increase spread out over a half century. And since the devastation brought about by the 2nd World War has been properly addressed already, it is but necessary to give unto the architects the performance of a function for which they were specifically trained.

Thus in 2004, RA 9266 or the Architecture Act of 2004 was purposely enacted to, among others, curtail the practice of non-architects signing architectural documents, which are not within their area of competence or expertise. 

R.A. 9266 is clear and categorical — only architects can prepare and sign architectural documents.  There are no ifs or buts about it.  The law does not provide for any exception. Only architects.  No one else can prepare or sign architectural documents.

This exclusivity is clear from the plain language of the said law.  Section 20(5) of the said law provides that “[a]ll architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature ONLY of an architect.” 

Further, to ensure that the exclusivity given to architects is actually implemented, Section 20[2] provides that building officials cannot accept or approve “any architectural plans or specifications which have not been prepared and submitted in full accord with” it, i.e., architectural plans which are not signed by architects.

A decade after the passage of RA 9266, not much has been achieved. Non-architects have continued to prepare, sign and seal architectural plans and documents and the real intent of RA 9266 in protecting and assuring the public that only Architects can offer and provide architectural services has not been realized. 

As professionals, architects have a primary duty of care to the communities they serve. Architects bring to society unique skills and aptitudes essential to the sustainable development of the built environment and the welfare of their societies and cultures. Given the public interest in a quality, sustainable built environment and the dangers and consequences associated with the development of that environment, it is important that architectural services are provided by properly qualified professionals for the adequate protection of the public. This need is further amplified by the recent natural calamities that the country has experienced. Resilient, sustainable and well-planned communities will greatly mitigate the effects of natural calamities in the lives of the Filipinos. Undoubtedly, architects will play a crucial role in the development new and existing communities to be resilient, sustainable and well planned. 

Moreover, the impending ASEAN integration has also manifested the need to prepare the Filipino architect’s qualifications to practice architecture in other jurisdictions. There is also a need to ensure that our laws on professionals are aligned with international and regional standards, as well as attuned to global best practices, if we are to preserve our competitiveness and foothold in the regional market. Based on international standards, architectural design, plans and documents properly belong to and are the domain of the architects.  

With an increasing number of architects totalling around 35,000 as of this year, the enactment of HB 5127 and SB 2623 will be a significant step in protecting and assuring the public that only Architects who possess the necessary skills, knowledge and expertise can offer and provide architectural services, as well as comply with the provisions of the ASEAN Mutual Recognition Agreement signed by the Government.

The provisions in the proposed bills are rooted on the training, competencies and functions of architects. In terms of academic requirements, architects are academically competent to practice architecture, and to prepare and certify architectural documents.  A typical architecture course has ten semesters of mainstream architecture (10 architectural design subjects, site planning, urban design and community planning, tropical design, graphics, visual techniques, etc.), and units in building technology and building utilities (mechanical and electrical systems, sanitary and plumbing systems, lighting and acoustics) and even structural systems.

Moreover, in order to qualify for the architectural licensing exam, an architectural degree holder must act as apprentice under a practicing architect for two (2) years. The board exam itself covers the same major subjects in a mainstream architecture course. All of these prove that architects are specifically qualified, through the proper education and training, to prepare and sign architectural documents.

In RA 545, architects were allowed to do structural designing for structures up to 4-storeys high. Under RA 9266, that scope was removed from the practice of architects as the specialization on that subject and practice belongs to other professionals.

And so, if you are going to ask "Who will Sign?", the answer is plain and simple. Architects signing for architectural plans and documents, engineers signing for engineering plans and documents which include structural, mechanical, electrical, sanitary, plumbing, electronics and auxiliary systems. And if you read the minutes in the congressional readings for RA9266, somebody remarked, "Ang para kay Pedro ay kay Pedro, at ang para kay Juan ay kay Juan".

UAP is the IAPOA

The United Architects of the Philippines (UAP) is the duly accredited IAPOA (Integrated and Accredited Professional Organization of Architects) by the PRC.

This presentation was prepared by the Commission on Professional Practice under Ar. Peach Buencamino, uap, so that UAP members will be enlightened on how UAP became the IAPOA, why dues are to be paid, why should one be a member of a UAP chapter and why the UAP membership certificate is being required by the PRC in the renewal of PRC IDs.

Read more HERE.

HB 5127 and SB 2623 gathers support from architects

In 2004, Congress enacted Republic Act No. 9266 or the Architecture Act of 2004.  This law categorically provides, without any exception, that only duly licensed architects can sign architectural plans and documents. To give teeth to this mandate, the law further provides that building officers cannot accept architectural plans and documents which are not signed by architects.  Congress thus removed the overlaps between the practice of architecture and the other professions, including civil engineering.

“Now that the devastation brought about by the Second World War (which allowed civil engineers to participate in the preparation of plans and specifications of buildings, which is the primary function of an architect) has been properly addressed, it is but necessary to give unto the architects the performance of a function for which they were specifically trained.”

HB 5127 and SB 2623 seeks to strengthen the Architecture profession, amending for the purpose certain provisions of RA 9266, otherwise known as the Architecture Act of 2004.

“Architects have been practicing their art and science since antiquity. The profession as we know it today has undergone extensive growth and change. The profile of architects’ work has become more demanding, clients’ requirements and technological advances have become more complex, and social and ecological imperatives have grown more pressing. These changes have spawned changes in services and collaboration among the many parties involved in the design and construction process.

As professionals, architects have a primary duty of care to the communities they serve. This duty prevails over their personal interest and the interests of their clients.

Members of the architectural profession are dedicated to standards of professionalism, integrity, and competence, and thereby bring to society unique skills and aptitudes essential to the sustainable development of the built environment and the welfare of their societies and cultures. Principles of professionalism are established in legislation, as well as in codes of ethics and regulations defining professional conduct.

Given the public interest in a quality, sustainable built environment and the dangers and consequences associated with the development of that environment, it is important that architectural services are provided by properly qualified professionals for the adequate protection of the public.”

The recent natural calamities that the country experienced have amplified the need for resilient, sustainable and well-planned communities. These kinds of communities will greatly mitigate the effects of natural calamities in the lives of the Filipinos. Undoubtedly, architects will play a crucial role in the development new and existing communities to be resilient, sustainable and well planned.

The passage of Republic Act No. 9266 (“R.A. 9266”), otherwise known as the Architecture Act of 2004 is a significant step in protecting and assuring the public that only Architects can offer and provide architectural services. It is envisioned to raise the level of Philippine architecture in order to develop a built environment that is resilient, sustainable and well planned, conducive for the advancement of the Philippine culture to help promote the country as a center for business, culture and tourist destination in Asia.

After a decade since its passage, however, the need to strengthen R.A. 9266 and harmonize other laws affecting the practice of architecture has become evident. R.A. 9266 has not been fully implemented by government agencies due to the fact that other laws have varying incompatible provisions. Consequently, the real intent of R.A. 9266 in protecting and assuring the public that only Architects can offer and provide architectural services has not been realized.

In addition, the impending ASEAN integration has also manifested the need to prepare the Filipino architect’s qualifications to practice architecture in other jurisdictions.

To protect public interest and to comply with the provisions of the ASEAN Mutual Recognition Agreement signed by the Government, this Bill seeks to strengthen the architecture profession in the country through the amendment and repeal of specific provisions and the introduction of architectural terms that will delineate the practice of architecture from other professions.

“It is high time that the Filipino public be assured that only individuals who have been properly educated, qualified and trained will undertake the planning and design of buildings and be held responsible for such acts.” 

The academic requirements of a civil engineering degree vis-à-vis an architectural degree demonstrate that civil engineers are not academically competent to practice architecture, nor to prepare and certify architectural documents.  A typical civil engineering course does not include a single unit of architectural design, planning or drafting.  On the other hand, a typical architecture course has ten semesters of mainstream architecture (design, planning, graphics, visual techniques, etc.), and units in building technology and engineering sciences similar to civil engineering. A civil engineering curriculum does not have the  same comprehensive design and planning subjects.

Moreover, the bill will not deprive CEs to practice as it is a requirement for all buildings that the structural plans and analysis are to be prepared by civil/structural engineers.

The United Architects of the Philippines (UAP), the Integrated and Accredited Professional Organization of Architects has urged lawmakers to pass the measure seeking to strengthen the architectural profession in the country and at the same time, comply with the provisions of the ASEAN Mutual Recognition Agreement.

House Bill 5127, authored by Reps. Susan A. Yap (2nd District, Tarlac) and Gary C. Alejano (Party List, MAGDALO) and Senate Bill 2623, authored by Sen. Antonio "Sonny" Fuentes Trillanes IV seeks to amend Republic Act 9266, otherwise known as the Architecture Act of 2004, in a bid to further delineate the practice of architecture from other professions.

RA 9266 explicitly provides that only Registered Licensed Architects shall practice architecture and as such shall exclusively prepare, sign and seal architectural plans and documents. Moreover, the Registered and Licensed Architect is the prime professional for the planning and design of buildings as internationally practiced. The said law was envisioned to raise the level of Philippine architecture in order to develop a built environment that is resilient, sustainable and well planned, conducive for the advancement of the Philippine culture to help promote the country as a center for business, culture and tourist destination in Asia.

According to UAP National President, Arch. Ma. Benita Ochoa-Regala, “UAP maintains that architectural plans and documents of buildings and structures are the domain of the architect based on law, academic training, professional competencies and government licenses issued to enable one to practice. We counter argue the statement of our allied professional that one cannot be disenfranchised if one is not vested with the right and interest to practice architecture such as the civil engineers. We respect the professional competency of the Civil Engineers with regard to the civil/structural design of buildings and structures, and as such we encourage them to do the same for our profession. Irrespective of the number of civil engineers in the country, we humbly submit that the architectural practice should be limited to architects”.

With the passage of these bills, according to UAP National President Regala, it will be an opportune time to establish professional accountabilities based on each of the disciplines involved in the construction and building industry, in the interest of public safety and welfare. This is also in line with the upcoming Asean integration by the end of this year, wherein our foreign counterparts may now practice in our country. It is incumbent now upon government to clarify any ambiguity in any of our professional laws.

House Bill 5127 – Amending the Architecture Act (Republic Act 9266)

Statement of the United Architects of the Philippines

As the official professional organization for Architects, the United Architects of the Philippines (UAP) has consistently upheld the profession of Architects to the highest professional standards and similarly been at the forefront of protecting the rights of Filipino Architects.

By providing substantial legal definitions and an amendment on the practice of sealing architectural plans, HB 5127 is a beneficial and prudent measure. It is not only a step in the right direction, but a pro-active preparation for the ASEAN integration.   

The proposed amendments uplifts the profession of Architects, as the legal delineation strengthens the need to abide by legal requirements in the service of the highest values and practices imposed by the professional and ethical codes. 

As a pro-active step in the incoming ASEAN integration, this bill helps to ensure that foreign competition is limited only to this who meet the exacting standards of being a professional architect.

All of this ultimately bolsters commitment to the highest ideals of architecture for public interest and safety.

We request the support of Congress in the timely passage of HB 5127 not only for the greater good of the profession, but more so the public which will definitely be the ultimate beneficiary of all this effort. 

How to become an Asean Architect (AA)

Who can apply?

An Architect who possesses the qualifications and professional experience requirements specified in Part B of this Assessment Statement may apply to be registered in the ASEAN Architect Register (AAR) and accorded the title of ASEAN Architect (AA). 

Where to apply?

Applications can be sent to the Asean Architect Monitoring Committee of the PRC-PRBOA.

(Under the ASEAN MRA on Architectural Services, the Professional Regulatory Authority (PRA) of each participating ASEAN Member State or in the case of the Philippines, the Professional Regulation Commission (PRC) shall authorize a Monitoring Committee (MC) to receive and process applications of its Architects for registration as AA, and to maintain the AA Registry.) 

What are the qualifications needed?

Any Architect who:

a) has completed a 5-year recognized architectural program or its equivalent in a university or school accredited by CHED;

b) possesses a current and valid professional registration and licensing certificate to practice architecture in the Philippines issued by the PRC;

c) has gained practical and diversified experience of not less than ten (10) continuous architectural practice after graduation, of which five (5) years shall be after licensure / registration;

d) has spent at least two (2) years in responsible charge of significant architectural work;

e) has complied with the CPE/CPD policy of the Philippines at a satisfactory level;

f) has not been convicted or charged of any serious violation of technical, professional and ethical standards, local and international, for the practice of architecture or of any crime which involves moral turpitude.

Note: 

For the CPE, the PRC has set the activities that architects can take for their CPE. Those activities are counted as the Continuing Professional Education Unit (CPEU) and are divided into 8 items as follows:

1. Formal learning

2. Informal learning

3. Seminar, conference and meeting

4. Participation in professional activities

5. Service activities

6. Industry involvement

7. Contribution to knowledge

8. Patents

Different activities however have different weights of score attached to them. See details in the Committee Rules on Continuing Professional Education (CPE).

FOR MORE INFORMATION, CLICK HERE

Relevant Review Articles and Files

1. IRR of PD9514 (Government Procurement Reform Act)

CCD Arki Review Quizzes

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The Unprofessional and Unethical “Justice”

By Raison John J. Bassig

THE COURT OF APPEALS (CA) on 05 January 2012 favored the petition of the Philippine Institute of Civil Engineers (PICE) and reversed the decision of the RTC Branch 22 of Manila, thus, allowing the Civil Engineers to prepare and sign Architectural Documents. In its decision, CA cited that R.A.544 (Civil Engineering Law of 1950) and P.D.1096 (National Building Code of the Philippines of 1977) fail to specify the difference between “Architectural Documents” and “Civil/Structural Documents.”

However, Architectural Documents such as Perspectives, Floor Plans, Elevations, Sections, among others, have been described as exclusive to Architects in the Implementing Rules and Regulations (IRR) of R.A.9266 (Architecture Act of 2004) and the 2005 Revised IRR of P.D.1096. These IRR’s have already defined the distinctions between Architectural and Engineering works which were vague and confusing prior to their enactments. Consultations were even conducted between the United Architects of the Philippines (UAP) and PICE before the passing of R.A.9266, the law governing the practice of Architecture in the Philippines.

Still, PICE argues that the nature of Architectural Documents is within the Civil Engineers’ domain. CA surprisingly approved PICE’s petition explaining, “…that while said documents are being labelled as “architectural” documents, there is no indication that these documents are exclusive to architects and can be prepared only by them except the fact that they are being labelled as such.”

Seemingly, CA failed to realize that by giving said authorization to Civil Engineers, it meant removing the very foundation of the architectural profession. As per R.A.9266, Engineers cannot sign Architectural Plans and Architects cannot sign Engineering Plans. Thus, Architecture is for Architects and Engineering is for Engineers.

The Architect-Engineer relationship is a symbiotic one, a partnership created by distinct qualifications. Both professionals may seem to have overlapping functions to non-technical people but they have completely different tasks and specializations. The difference lies in the limits of tradition, education and professional license.

In typical building projects, clients coordinate with Architects from conceptualization to completion. Through the Architectural Plans, Architects ensure that the building is constructed according to how clients envisioned it. Architects deal with space planning, budget, materials, functionality, durability, and beauty of the project. Working with him are specialized allied professionals like Interior Designers, Landscape Architects and Engineers. This is the general and global practice of Architecture.

Architects hire the services of Engineers only during the later stages of the project, when clients have approved the Architectural Plans. Based on these plans, Engineers will then design their respective Engineering Plans, namely, Structural Plans by Civil Engineers, Plumbing/Sanitary Plans by Master Plumbers/Sanitary Engineers, Electrical Plans by Electrical Engineers, and Mechanical Plans by Mechanical Engineers. This tradition of collaborative design has been successful as proven by the numerous iconic structures built by Architects and Engineers around the world.

Yet, preparing and signing Architectural Plans and Documents should be the exclusive right of Architects. This is their bread and butter. The practice of Architecture entails more than drawing lines in a given space. It involves an integrated, comprehensive, and holistic approach in solving problems like social behavior, historical-cultural implications, economics, functional engineering and aesthetics. These are part of the Architectural program and the Architectural Licensure Exams.

The competencies of Civil Engineers have always been respected by Architects. Despite the latter’s knowledge in engineering systems which are taught in the B.S. Architecture curriculum, they have not claimed the Engineering profession as their own. In fact, prior to amending R.A.545 (the old Architecture Law of 1950), Architects were allowed to prepare and sign Structural Plans and Documents. But with R.A.9266, Architects have conceded this scope of work to their Civil Engineer partners.

PICE should adhere to their own Code of Ethics, which states, “Civil Engineers shall perform services only in areas of their competence.” Furthermore, they “shall build their professional reputation on the merit of their services and shall not compete unfairly with others.” Guided by this code, can one consider PICE's petition for Civil Engineers to practice Architecture as ethical?

Allowing one professional the authority to practice another profession without its corresponding license is an illogical and unethical proposition. It is like saying Nurses can also prescribe medications like Doctors, Veterinarians can operate on people like Surgeons, and Finance graduates can certify Tax Returns like CPAs.

In a 2003 Joint Resolution, UAP and PICE agreed “to attune the laws governing the practice of architecture and civil engineering” and “to define and distinguish more clearly the scopes of practice of architecture and civil engineering to minimize, if not eliminate any undesirable overlaps.”

Notwithstanding, Architects now ask: Why did PICE initiate this petition? Why did CA approve such petition? Why bring back the past when Architects and Engineers should be moving forward to a clear delineation of functions?

The aspirations of many Architectural students are now at stake and the careers of Filipino Architects are in jeopardy. Why bother to study for an Architecture degree, undergo a 2-year apprenticeship, and take the Board Exams? What PICE and CA are conveying: Just become a Civil Engineer and you can be an Architect for free. It is hoped that the puzzling motives behind PICE’s petition and CA’s decision are not to undermine the jobs of Architects and eventually kill the profession in our country.

Images of a black ribbon with the texts: “RA9266: Architecture Act of 2004”, “January 05, 2012”,“Respect begets Respect”, among others, have gone viral in the social networking site Facebook. Thousands of comments were posted by affected architects, students, and non-architectural practitioners about injustice, respect for rights, shattered dreams, and even insulting comparisons of the works of both professionals. What a sad sight!

Laws are supposed to bring peace, harmony and order. Instead, the PICE and CA initiatives are creating conflict, confusion, and chaos.

We have just witnessed the death of professionalism and morality. And some people call this “Justice?”

Raison John J. Bassig, 29, is a licensed Architect (1st place – 2006 Board Exams), Master Plumber (10th place – 2007 Board Exams), and Environmental Planner (4th place – 2008 Board Exams).