INTRODUCTION TO RA 9266 ARCHITECTURE IN THE PHILIPPINES

INTRODUCTION TO RA9266 ARCHITECTURE IN THE PHILIPPINES

1. R.A. No. 9266
An Introduction
for B.S. Architecture Students
City of Manila
Architect(Ar)Armando N. ALLÍ, apecar
Registered & Licensed Architect (RLA)
Resource Person
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2. A Layman’s
Appreciation of
Philippine Laws and
Rules & Regulations
[Laws i.e. R.A.s, B.P.s (and the
P.D.s and E.O.s promulgated
when there was NO
functioning Congress)are all
Lowerthan the Philippine
Constitution and may also be
considered LowerThan
International Treaties/
Executive Agreements (such
as the 1994 GATS and the
1995 AFAS), which may have
the power of Law, only if duly
ratified by the Philippine
Senate or signed by the duly
authorized Executive Agents
of the State]
1. The Philippine
Legal Framework
State-Ratified
International Treaties
and International
Executive Agreements
(with the effect of Law)
e.g. 1994 General
Agreement on Trade in
Services(GATS) and
the 1995 ASEAN
Framework Agreement
on Services (AFAS)
The Fundamental LAW of the Land:
The 1987 Constitution of the
Republic of the Philippines
1. Considered as General LAWS:
P.D. No. 1096(The 1977 National Building Code of the Philippines/ NBCP);
2. Considered as Special LAWS:
R.A. No. 10350(The Philippine Interior Design Act of 2012),
R.A. No. 9514(The 2008 Fire Code of the Philippines/ FCP); and
B.P. No. 344(The 1983 Law on Access for the Disabled).
1. Implementing Rules and Regulations/ IRRs(which are only
Executive IssuancesUsed to Implement and Enforce the General Laws, but
are NOTby themselves regarded as laws):
2004 Revised IRR of P.D. No. 1096(promulgated by the DPWH);
2. IRRs of Special LAWS
(also mere Executive Issuancesthat are NOTlaws but are
the actual executive toolsto implement and enforce the law):
IRR of R.A. No. 10350(promulgated by the PRBoID,
Manual/s of Procedure (MoP)
Guidelines and Standards (based on IRRs)
P.D. No. 1096Guidelines and DPWH Memoranda Circulars (MCs);
Various PRBoID ResolutionsinterpretingR.A. No. 10350 & its IRR;
Standard of Professional Practice (SPP) for IDr
Executive Orders
(EOs), Administrative
Orders(AOs)and
Department Administrative
Orders(DAOs) are other
forms of Executive Issuances
that are also NOTlaws but
are still tools to facilitate the
implement-ation and
enforcement of law)
Jurisprudence(Supreme
Court Issuances such as Final
and Executory Decisions and
Resolutions that Have the
Overall Effect of Changing the
Law)
Lower Court Orders
and Decisions(that
somehow have the Effectof
Amending (or Delaying) the
Proper (and/ or Timely)
Implementation and
Enforcementof the Law through
the IRRs and lower regulations
promulgated by Executive
Offices); however, such Lower
Court Issuances DO NOThave
the power to change the Law itself
A Layman’s Evolving Model
of the Hierarchy of Laws
(State Policies)and Rules and Regulations Affecting
the DistinctPractice of the State-regulated
Profession of INTERIOR DESIGN
in the Republic of the Philippines (PH) as of 23 May 2013

3. 2. R.A. No. 9266
Republic Act (R.A.) No. 9266 is the only SPECIAL LAW
on the practice of the distinct State-regulated profession of
architecture on Philippine (PH) soil.
As of Sep 2013, it covers the architectural design of ALL
BUILDINGSon PH soil. It covers the practice of almost
32,000 Registered Architects (RAs), of which less than
50% are Registered and Licensed Architects (RLAs),
aspirants to and stakeholders in the profession. R.A. No.
9266 states that only RLAs shall prepare, sign and seal
ARCHITECTURAL DOCUMENTS.
Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013
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4. 3. RLAs vs. CEs On Building Design:
The RLAs competence lies in the PHYSICAL PLANNING AND
ARCHITECTURAL DESIGN OF BUILDINGS and their grounds/
sites. The RLAs HAVE THE REQUISITE ACADEMIC
PREPARATION AND HAVE PASSED A LICENSURE
EXAMINATION THAT IS 100% ABOUT THE PLANNING AND
DESIGN OF BUILDINGS and their grounds/ sites.
The Civil Engineers (CEs) competence lies in the structural
design and construction management of buildings and their
grounds/ sites. The CEs DO NOT have the requisite academic
preparation and HAVE NOTpassed a licensure examination
that is 100% about the planning and design of buildings and
their grounds/ sites. In fact, the CE licensure examination
DOES NOTask examinees a single question on architecture.
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

5. 4. Scope of RLA Practice:
Pre-Design (includes Pre-FS/ FS, Site Analyses, Architectural
Research & Programming, Space Planning & related services)
Regular Design Services (encompasses Schematic Design
through Contract Document preparation)
Construction Services (includes FCS, PCM, BA, DBS,
constructing & related services or trades)
Building Administration Services
General Consulting/ Land & Property Development
Allied Design Services
Government Service (as Architect or Building Official, etc.)
Community/ Volunteer & Other/ Related Services
Academe/ Architectural Instruction
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

6. 5. Types of RLAs:
Consulting Architect or CA (offers highly specialized services and
generally does not sign nor seal architectural documents for permitting
purposes);
Architect-of-record or Aor(supervises/ oversees the preparation of
Contract Documents and signs and seals architectural documents for
permitting purposes; assumes both professional responsibility and civil
liability for the architectural engagement); under professional
responsibility, the RLA may have his certificate and/or license to practice
suspended or revoked for cause; revocation may be appealed after a
lapse of 2 years; reinstatement into active practice still possible after
revocation ; and
Architect in Charge of Construction or AICC(supervises/
oversees the construction of a project (usually on a fulltime basis);
assumes both professional responsibility and civil liability for the
architectural engagement).
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

7. 6. Types of Practices (Juridical Entities):
Sole Proprietorship (solo practice or practice with associated RLAs;
requires prior registration with the PRC and with the DTI);
Professional Architectural Partnership (practice as equals or
practice under a senior RLA or practice with allied professionals in full
compliance with Sec. 37 of R.A. No. 9266 i.e. requirements on
architectural firm ownership and management; requires prior registration
with the PRC and the SEC under the DTI; RLAs are fully exposed to
professional malpractice and civil suits under this setup and they may
end up losing everything;
Professional Architectural Corporation(practice involving both
technical and higher levels of management/ administrative skillsets); the
RLA involved still assumes both professional responsibility and civil
liability for the architectural engagement (as a natural person); there may
be less financial exposure for the RLA if compared to a professional
partnership.
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

8. 7. RLA Responsibility (as a Natural Person):
Professional Responsibility (to ensure the proper, industry
standard-level and ethical rendition of professional services;
RLA failure may result in the loss/ revocation or suspension of
the RA certificate to practice and/or the RLA renewable license
to practice); and
Civil Liability [mainly as a natural person under Article 1723 of the
New (1949) Civil Code of the Philippines]; it is arises from a virtual
guarantee offered by the RLA to the Client that the architectural design
was done properly; guarantee is for a period of fifteen (15) years usually
reckoned from building occupancy; RLA can still be sued within a period
of ten (10) years after discovery of the design flaw that is proven to have
caused damages to property or to personal injury; RLA may be held
responsible for the Engineers he/ she brings into the project; Engineers
& Constructor may be held civilly liable (jointly with the RLA/ severally).
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

9. 8. Taking Up the ALE/ LEA
Architect’s Licensure Examination (ALE as used
by PRC) and the Licensure Examination for
Architects (LEA as used in RA 9266 and by the
PRBoA) mean exactly the same thing.
Theory and practice are the key words in
preparing for the LEA. Read a lot and ask
questions from Your Mentor-RLAs as often as
You can. Know which is theory and which is
practice (and pray hard that the questions to be asked by
the PRBoAare what You studied/ already know).
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

10. 9. Common Forms of Illegal Practices
a) RAs practicing without a valid PRC licensed (ID
card renewable every 3 years);
b) B.S. Architecture graduates and students doing
works of architecture for unregistered persons i.e.
non-RLAs, specifically CEs, and construction and
development companies without RLAs; and
c) RLAs performing acts violativeof R.A. No. 9266,
the 2006 Code of Ethical Conduct (CoEC) & the
2010 Standards of Professional Practice (SPP).
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013

11. Thank You
and a
Pleasant Afternoon to All
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Architect (Ar) Armando N. ALLI, apecar, R.A. No. 9266, An Introduction for B.S. Architecture StudentsSep 2013