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www.architectureboard.ph Issues & Concerns of the PRBoA As presented by the Professional Regulatory Board of Architecture (PRBoA) on 30 June 2012 s 1
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A. State of the Practice : 1.LGU Offices of the Building Official (OBOs) still accept architectural documents prepared by civil engineers (CEs) in clear violation of a valid and subsisting law (RA No. 9266); the CEs and the Court continue to invoke the intercalated (erroneous) text of Sec. 302 of PD No. 1096 (1977 NBCP); 2. The Architects have been reactive and have been playing the CE game all these past 7 years; its time to be proactice/ play our game; Issues & Concerns of the PRBoA, Sat 30 June 2012 s 2
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A. State of the Practice : 3. Up to 4,500 examinees annually for the last 2 years; 51% passing LEA rate over the last 3 years; we are now producing about 2,000 registered architects annually for the last 3 years; 4. About 30,000 registered architects (RAs); only about 13,000 (43%) are registered and licensed architects (RLAs) i.e. IAPOA members; however, while very much capable, most RLAs are still employees or back office support (here and overseas) rather than frontline practitioners; only about 100 RLAs have the actual capability to engage in borderless/ international practice; 5. Only 36 firms are registered architectural firms (RAFs); only about 10 architectural firms have real capabilities to engage in borderless practice; s 3 Issues & Concerns of the PRBoA, Sat 30 June 2012
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B. Regulation of the Profession : 1. R.A. No. 9266 is a special and later law that is in full effect i.e. valid and subsisting, no TRO/ injunction and no constitutional question on any of its provisions; its full implementation and enforcement has not been stopped by any Court Order; 2. Primary jurisdiction over the architectural profession is with the PRC (and the PRBoA), not with the DPWH nor with the DILG; 3. DPWH is only in charge of the implementation and enforcement of P.D. No. 1096 (1977 NBCP); Sec. 302 of P.D. No. 1096 does NOT state (NEVER stated) that CEs can sign or seal architectural documents; s 4 Issues & Concerns of the PRBoA, Sat 30 June 2012
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B. Regulation of the Profession : 4. RA No. 9266 Stream of Regulations still incomplete i.e. still lacks Guidelines and Manual of Procedure/ Practice; 5. Continuing Professional Education (CPE) is still a voluntary matter unless superseded by a new law making CPE mandatory; 6. IAPOA certificate still required by the PRC for the renewal of the professional license (PRC ID card); 7. PCAB license is required for RLAs desirous of engaging in construction (under RA No. 4566); s 5 Issues & Concerns of the PRBoA, Sat 30 June 2012
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B. Regulation of the Profession: 8. It is so much easier to file a case against a RLA than against an illegal practitioner; 9. Administrative Procedures Against RLAs are heard at the PRC; 10. Criminal Complaints re R.A. No. 9266 may be filed at the PRC and endorsed to the Prosecutors Office for later filing of information with the Court; 11. Special Complaints re R.A. No. 9266 may be filed against erring Government officials (Office of the Ombudsman, Presidential Anti-Graft Commission) without going to the PRC. s 6 Issues & Concerns of the PRBoA, Sat 30 June 2012
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C. Relationship with the IAPOA (UAP): 1.Matters that Need to be Explicitly Stated: a) the PRBoA is the regulating entity while the IAPOA ( UAP ) and the RAs/ RLAs are the regulated entity; b) the IAPOA is recognized by the PRBoA and PRC and as such, the PRBoA and PRC may officially look into IAPOA affairs periodically i.e. the PRBoA conducts a periodic review of the IAPOA performance; and c) while the PRBoA needs to periodically consult with the IAPOA for certain concerted actions, the PRBoA does NOT require permission from the IAPOA for it to act; 2.Periodic consultation with the IAPOA is a consideration for key PRBoA resolutions; and 3.The PRBoA fully relies on the IAPOA and its chapters to assist in the monitoring of the implementation and enforcement of R.A. No. 9266 & its stream of regulations. s 7 Issues & Concerns of the PRBoA, Sat 30 June 2012
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D. Suggested IAPOA Tasking: 1. Finish the Architects’ Guidelines; 2. Work on the Architecture Code of the Philippines (as a Referral Code of the NBCP); 3. Green the Proposed Repeal Version of P.D. No. 1096 (1977 NBCP); Advocacy Program on the NBCP, the Fire Code of the Phils. (FCP), the Accessibility Law, Water Code, environmental laws and the Procurement Law (RA No. 9184); 4. Proactive legislative and legal programs; and 5. IAPOA National Organization and Chapters must become the primary IAPOA and PRBoA liaison entities at the national and LGU levels. s 8 Issues & Concerns of the PRBoA, Sat 30 June 2012
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www.architectureboard.ph www.architectureboard.ph Thank You and a Pleasant Afternoon to All !!! www.architectureboard.ph s 17 Issues & Concerns of the PRBoA, Sat 30 June 2012
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