myths and facts about the practices of the regulated professions of architecture and civil...

MYTHS and FACTS About the Practices of the Regulated Professions of

Architecture and Civil Engineering in the Philippines

04 December 2007UAP-IAPOA BalangkasanBulacan Province, Region III

by the

Professional Regulatory Board of Architecture (PRBoA)

Archt. Armando N. ALLÍ, fuap, aaifChairman, PRBoA (Resource Person)

PRBoA

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MYTHS and FACTS about the Practices of the Regulated Professions of Architecture and Civil Engineering in the Philippines by The PRBoA Chairman, Archt. Armando N. ALLI, fuap, aaif, (Resource Person)

Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.

MYTH No. 01MYTH No. 01. Implementing Rules and Regulations . Implementing Rules and Regulations (IRR) of (IRR) of AnyAny Law are of a higher legal status Law are of a higher legal status (???)(???) if if compared to a Republic Act (R.A.) i.e. a compared to a Republic Act (R.A.) i.e. a statutestatute..

FACT No. 01FACT No. 01. The . The

IRR of IRR of AnyAny Law can Law can

nevernever be superior to be superior to

a Republic Act (R.A.). a Republic Act (R.A.).

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MYTH No. 02MYTH No. 02. . Civil Engineers (CEs) are Civil Engineers (CEs) are allowed by law allowed by law (???)(???) to prepare, sign and seal to prepare, sign and seal

architecturalarchitectural (???)(???) plans, designs, drawings plans, designs, drawings ((the “the “AA” sheets of building plans” sheets of building plans), ),

specifications and documents.specifications and documents.

FACT No. 02FACT No. 02. . To date, there is To date, there is NONO valid and valid and subsisting (or effective) Philippine law which states subsisting (or effective) Philippine law which states that Civil Engineers can legally prepare, sign and that Civil Engineers can legally prepare, sign and seal seal architecturalarchitectural plans ( plans (the “A” sheets of building the “A” sheets of building plans submitted for building permit applicationplans submitted for building permit application), ), designs, drawings, specifications and documents.designs, drawings, specifications and documents.

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MYTH No. 03MYTH No. 03. Section 302 of the 1977 . Section 302 of the 1977 National Building Code of the Phils. (NBCP) National Building Code of the Phils. (NBCP) allows allows (???)(???) Civil Engineers to prepare, sign Civil Engineers to prepare, sign

and seal and seal architecturalarchitectural (???)(???) plans, designs, plans, designs, drawings, specifications and documents.drawings, specifications and documents.

FACT No. 03FACT No. 03. . There is There is absolutely nothingabsolutely nothing in the in the authentic Section 302authentic Section 302 of the 1977 National Building of the 1977 National Building Code of the Phils. (NBCP), which states that Civil Code of the Phils. (NBCP), which states that Civil Engineers can prepare, sign and seal Engineers can prepare, sign and seal architecturalarchitectural plans, designs, drawings, specifications and docs.plans, designs, drawings, specifications and docs.

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MYTH No. 04MYTH No. 04. . R.A. No. 1582 of 1956, that amended R.A. No. 1582 of 1956, that amended R.A. No. 544 of 1950 (The Civil Engineering Law) states R.A. No. 544 of 1950 (The Civil Engineering Law) states

(???)(???) that Civil Engineers can prepare, sign and seal that Civil Engineers can prepare, sign and seal architecturalarchitectural (???)(???) plans, designs, drawings ( plans, designs, drawings (the “the “AA” sheets ” sheets

of building plansof building plans), specifications and documents for ), specifications and documents for buildingsbuildings (???)(???)..

FACT No. 04FACT No. 04. . There is There is absolutely nothingabsolutely nothing in R.A. in R.A. No. 1582 of 1956, that amended R.A. No. 544 of No. 1582 of 1956, that amended R.A. No. 544 of 1950 (The Civil Engineering Law),1950 (The Civil Engineering Law), which states that which states that Civil Engineers can prepare, sign and seal Civil Engineers can prepare, sign and seal architecturalarchitectural plans, designs, drawings ( plans, designs, drawings (the “A” the “A” sheets of building planssheets of building plans), specifications and ), specifications and documents for documents for buildingsbuildings..

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MYTH No. 05MYTH No. 05. . The term “plans, specifications xxx” The term “plans, specifications xxx”

appearing in Sec. 2, Article I of appearing in Sec. 2, Article I of R.A. No. 1582 of 1956, R.A. No. 1582 of 1956, that that

amended R.A. No. 544 of 1950amended R.A. No. 544 of 1950 (The Civil Engineering Law) (The Civil Engineering Law)

means means exactlyexactly (???)(???) the same thing the same thing (???)(???) as “ as “architecturalarchitectural plans, designs, drawings (plans, designs, drawings (the “the “AA” sheets of building permit ” sheets of building permit

application documentsapplication documents), specifications & documents”.), specifications & documents”.

FACT No. 05FACT No. 05. . The term “plans, specifications xxx”The term “plans, specifications xxx”

appearing in Sec. 2, Article I of R.A. No. 1582 of 1956, in Sec. 2, Article I of R.A. No. 1582 of 1956, that that

amended R.A. No. 544 of 1950amended R.A. No. 544 of 1950 (The Civil Engineering Law), (The Civil Engineering Law),

does does notnot and can and can nevernever mean the same thing as mean the same thing as

““architecturalarchitectural plans, designs, drawings, specifications & plans, designs, drawings, specifications & documents”, as defined under the IRR of R.A. No. 9266.documents”, as defined under the IRR of R.A. No. 9266.

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MYTH No. 06MYTH No. 06. . The 24 May 2005 writ of The 24 May 2005 writ of preliminary injunction (the “injunction”) issued by preliminary injunction (the “injunction”) issued by

the Manila RTC Branch 22 applies to the Manila RTC Branch 22 applies to (???)(???) R.A. No. R.A. No. 9266 (The Architecture Act of 2004).9266 (The Architecture Act of 2004).

FACT No. 06FACT No. 06. . The The 24 May 2005 writ of preliminary 24 May 2005 writ of preliminary injunctioninjunction (the “injunction”) issued by the Manila RTC (the “injunction”) issued by the Manila RTC Branch 22 Branch 22 applies only to Sections 302.3 and 302.4 of the applies only to Sections 302.3 and 302.4 of the 2004 Revised Implementing Rules and Regulations (R-IRR) 2004 Revised Implementing Rules and Regulations (R-IRR) of the 1977 National Building Code of the Philippines of the 1977 National Building Code of the Philippines (Presidential Decree or P.D. No. 1096).(Presidential Decree or P.D. No. 1096). The injunction does The injunction does NOTNOT apply to R.A. No. 9266 (The Architecture Act of 2004), apply to R.A. No. 9266 (The Architecture Act of 2004), its IRR and its derivative regulations approved by the PRC.its IRR and its derivative regulations approved by the PRC.

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MYTH No. 07MYTH No. 07. The 24 May 2005 writ of preliminary . The 24 May 2005 writ of preliminary injunction (the “injunction”) sought by the PICE and issued injunction (the “injunction”) sought by the PICE and issued

by the Manila RTC Branch 22 applies to the by the Manila RTC Branch 22 applies to the entireentire (???) (???) 2004 Revised Implementing Rules and Regulations (R-IRR, 2004 Revised Implementing Rules and Regulations (R-IRR, effective 01 May 2005) of the 1977 National Building Code effective 01 May 2005) of the 1977 National Building Code

of the Phils. (Presidential Decree or P.D. No. 1096).of the Phils. (Presidential Decree or P.D. No. 1096).

FACT No. 07FACT No. 07.. The The 24 May 2005 writ of preliminary injunction24 May 2005 writ of preliminary injunction (the (the “injunction”) sought by the PICE and issued by the Manila RTC “injunction”) sought by the PICE and issued by the Manila RTC Branch 22 applies only to Branch 22 applies only to Sections 302.3 and 302.4 of the 2004 Revised Sections 302.3 and 302.4 of the 2004 Revised Implementing Rules and Regulations (R-IRR) of the 1977 National Implementing Rules and Regulations (R-IRR) of the 1977 National Building Code of the Phils. (Presidential Decree or P.D. No. 1096).Building Code of the Phils. (Presidential Decree or P.D. No. 1096). The injunction does The injunction does NOTNOT apply to the apply to the rest of the 2004 R-IRR of P.D. rest of the 2004 R-IRR of P.D. No. 1096No. 1096, which remain in full effect since 01 May 2005., which remain in full effect since 01 May 2005.

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MYTH No. 08MYTH No. 08. . R.A. No. 1582 of 1956, that amended R.A. No. 1582 of 1956, that amended R.A. No. 544 of 1950 (The Civil Engineering Law) has a set R.A. No. 544 of 1950 (The Civil Engineering Law) has a set

of Implementing Rules and Regulations (IRRof Implementing Rules and Regulations (IRR??????).).

FACT No. 08FACT No. 08. Neither . Neither R.A. No. 1582 of 1956, that R.A. No. 1582 of 1956, that amended R.A. No. 544 of 1950 (The Civil amended R.A. No. 544 of 1950 (The Civil Engineering Law) have a set of Implementing Rules Engineering Law) have a set of Implementing Rules and Regulations (IRR) that define the terms and Regulations (IRR) that define the terms “building” or “building plans and specifications.” “building” or “building plans and specifications.” In In contrast, R.A. No. 9266 has a set of IRR that have been in contrast, R.A. No. 9266 has a set of IRR that have been in effect since 01 Dec 2004. Also, the predecessor architecture effect since 01 Dec 2004. Also, the predecessor architecture laws (R.A. Nos. 1581/545 had IRRs that date back to 1979.laws (R.A. Nos. 1581/545 had IRRs that date back to 1979.

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MYTH No. 09MYTH No. 09. . Secs. 302.3 and 302.4 of the 2004 Secs. 302.3 and 302.4 of the 2004 Revised Implementing Rules and Regulations (R-IRR) of the Revised Implementing Rules and Regulations (R-IRR) of the 1977 National Building Code of the Philippines (Presidential 1977 National Building Code of the Philippines (Presidential Decree or P.D. No. 1096) governs Decree or P.D. No. 1096) governs architecturalarchitectural practice practice(???)(???)

in the Philippines.in the Philippines.

FACT No. 09FACT No. 09. . Only Only R.A. No. 9266 (The R.A. No. 9266 (The Architecture of 2004, effective 10 April 2004),Architecture of 2004, effective 10 April 2004), its its Implementing Rules and Regulations (IRR, effective 01 Dec Implementing Rules and Regulations (IRR, effective 01 Dec 2004) and its derivative regulations approved by the PRC 2004) and its derivative regulations approved by the PRC (and in effect since the 1970s), govern the practice of the (and in effect since the 1970s), govern the practice of the regulated profession of architecture in the Philippines. The regulated profession of architecture in the Philippines. The PRBoA and the PRC implement R.A. No. 9266PRBoA and the PRC implement R.A. No. 9266, not the DPWH. , not the DPWH.

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MYTH No. 10MYTH No. 10. The term “. The term “buildingbuilding” is ” is associated associated (???)(???) with the profession of Civil with the profession of Civil

Engineering.Engineering.

FACT No. 10FACT No. 10. . The term “The term “buildingbuilding” is ” is universally/ universally/ internationally associated with architectsinternationally associated with architects and the and the profession of architecture (as shown by countless profession of architecture (as shown by countless standard dictionary definitions). The term “building” standard dictionary definitions). The term “building” is generally defined as a is generally defined as a structure for human structure for human habitationhabitation, , as also defined in the IRR of R.A. No. 9266.as also defined in the IRR of R.A. No. 9266.

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MYTH No. 11MYTH No. 11. The Civil Engineers’ . The Civil Engineers’ registration certificate and PRC license (or registration certificate and PRC license (or

renewable ID card) allow them to practice the renewable ID card) allow them to practice the two (2) professions two (2) professions (???)(???) of civil engineering of civil engineering

and architecture and architecture (???)(???)..

FACT No. 11FACT No. 11. . The Civil Engineers’ registration The Civil Engineers’ registration certificate and PRC license (or ID card) certificate and PRC license (or ID card) onlyonly allow allow them to practice the profession of civil engineering, them to practice the profession of civil engineering, which does which does NOTNOT include the preparation, signing include the preparation, signing and sealing of and sealing of architecturalarchitectural plans, designs, drawings, plans, designs, drawings, ((the “A” sheetsthe “A” sheets), specifications and documents.), specifications and documents.

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MYTH No. 12MYTH No. 12. The Civil Engineer is the prime . The Civil Engineer is the prime (???)(???) professional for building plans/designs. professional for building plans/designs.

FACT No. 12FACT No. 12. . The The architectural planning and design of architectural planning and design of buildings is a very complex undertakingbuildings is a very complex undertaking for which the Architect has for which the Architect has trained long and hard (in school, during apprenticeship and under the trained long and hard (in school, during apprenticeship and under the Architecture licensure examination (ALE) which is all about the Architecture licensure examination (ALE) which is all about the

generalgeneral plan/design of buildings and their environs. plan/design of buildings and their environs. In contrast, the Civil In contrast, the Civil Engineer (CE) only studied the Engineer (CE) only studied the structuralstructural design of buildings, have design of buildings, have NONO apprenticeship in the planning and design of buildings and were apprenticeship in the planning and design of buildings and were NEVERNEVER subjected subjected to state-administered licensure examination/s for the to state-administered licensure examination/s for the architecturalarchitectural planning and planning and

design of buildings and environs.design of buildings and environs. The Architect is the prime professional for The Architect is the prime professional for the overall planning and design of buildings because all engineering the overall planning and design of buildings because all engineering plans/designs must follow or be guided by the evolved architectural plans/designs must follow or be guided by the evolved architectural plan/design.plan/design. The CE may take charge of the construction aspects of the project. The CE may take charge of the construction aspects of the project.

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MYTH No. 13MYTH No. 13. The Structural and Civil . The Structural and Civil Engineering plans/ designs are the primary Engineering plans/ designs are the primary

(???)(???) plans/ designs for a building. plans/ designs for a building.

FACT No. 13FACT No. 13. The evolved . The evolved architecturalarchitectural plan/ plan/ design is the primary plan/ design for design is the primary plan/ design for anyany building. All engineering plans, specifically the building. All engineering plans, specifically the structuralstructural plan prepared by Civil Engineers, plan prepared by Civil Engineers, must conform to (or be guided by) the evolved/ must conform to (or be guided by) the evolved/ approved approved architecturalarchitectural plan/ design. plan/ design.

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MYTH No. 14MYTH No. 14. Civil Engineers can plan and . Civil Engineers can plan and design buildings in exactly the same design buildings in exactly the same (???)(???) way way

that Architects can.that Architects can.

FACT No. 14FACT No. 14. . Civil Engineers are trained to make the Civil Engineers are trained to make the building stand (building stand (structurallystructurally) and to economize in its ) and to economize in its construction (getting the best for less). Civil Engineers are construction (getting the best for less). Civil Engineers are NOT academically/ sub-professionally trained nor examined NOT academically/ sub-professionally trained nor examined by the state to prepare by the state to prepare architecturalarchitectural plans, designs, drawings, plans, designs, drawings, specifications and documents. For this, the Civil Engineers specifications and documents. For this, the Civil Engineers have relied entirely on entities that have had some training/ have relied entirely on entities that have had some training/ experience in architecture i.e. architecture students/ experience in architecture i.e. architecture students/ graduates, ALE/Board flunkers, RLAs and similar entities. graduates, ALE/Board flunkers, RLAs and similar entities.

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MYTH No. 15MYTH No. 15. The Civil Engineers also have . The Civil Engineers also have some training some training (???)(???) in architecture. in architecture.

FACT No. 15FACT No. 15. . Civil Engineers do Civil Engineers do NOTNOT have a single have a single unit of architecture in their curriculum. In contrast, the unit of architecture in their curriculum. In contrast, the Architects have five (5) full years and anywhere between 90 Architects have five (5) full years and anywhere between 90 to 120 academic units of to 120 academic units of architecturearchitecture to their credit and at to their credit and at least 9 units of least 9 units of structural designstructural design. Architects must also finish . Architects must also finish two (2) full years of apprenticeship/ diversified training two (2) full years of apprenticeship/ diversified training before they can be allowed to take the architecture licensure before they can be allowed to take the architecture licensure

examinations (ALE).examinations (ALE). In contrast, the Civil Engineers do NOT have In contrast, the Civil Engineers do NOT have

a mandatory apprenticeship period before taking their Board exams.a mandatory apprenticeship period before taking their Board exams.

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MYTH No. 16MYTH No. 16. When they took their Board . When they took their Board examinations, the Civil Engineers were tested examinations, the Civil Engineers were tested

(???)(???) by the PRC for the by the PRC for the architecturalarchitectural planning and design of buildings and their planning and design of buildings and their

environs environs (???)(???)..

FACT No. 16FACT No. 16. . In their Board exams, the Civil Engineers In their Board exams, the Civil Engineers were were NEVERNEVER tested for the tested for the architecturalarchitectural plan and design plan and design

preparation of buildings and their environs.preparation of buildings and their environs. In stark In stark contrast, 40% of the architecture licensure contrast, 40% of the architecture licensure

examinations (ALE) is all about the examinations (ALE) is all about the architecturalarchitectural planning and design of buildings and their environs.planning and design of buildings and their environs.

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MYTH No. 17MYTH No. 17. . ArchitecturalArchitectural Plans, Designs, Plans, Designs, Drawings (the “Drawings (the “AA” sheets), Specifications and ” sheets), Specifications and

Documents can be labeled as Civil Engineering Documents can be labeled as Civil Engineering (CE) Documents (CE) Documents (???)(???) and approved as such. and approved as such.

FACT No. 17FACT No. 17. . ArchitecturalArchitectural plans, designs and plans, designs and drawings (drawings (the “A” sheets of the building permit application the “A” sheets of the building permit application documentsdocuments), particularly the ), particularly the perspectives, ceiling plans, perspectives, ceiling plans, architectural details and the likearchitectural details and the like, , cannot be (and are not)cannot be (and are not) classified, packaged, accepted nor approved as Civil classified, packaged, accepted nor approved as Civil Engineering (CE) Documents because the Engineering (CE) Documents because the architecturalarchitectural documents are documents are the primary basesthe primary bases for all of the for all of the derivativederivative engineering plans (including civil/ structural plans).engineering plans (including civil/ structural plans).

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MYTH No. 18MYTH No. 18. Civil Engineers are the most . Civil Engineers are the most capable professionals capable professionals (???) (???) for reviewing the for reviewing the architecturalarchitectural plans and designs of buildings. plans and designs of buildings.

FACT No. 18FACT No. 18. . The Civil Engineers’ The Civil Engineers’ lack of lack of training/ experience in and aptitudetraining/ experience in and aptitude for architecture for architecture makes them a less than ideal choice for “reviewing” makes them a less than ideal choice for “reviewing” architecturalarchitectural plans and designs of buildings or of plans and designs of buildings or of inspecting architectural works/components of inspecting architectural works/components of buildings buildings for LGUsfor LGUs, a task that rightfully belongs , a task that rightfully belongs only to Registered and Licensed Architects (RLAs), only to Registered and Licensed Architects (RLAs), as clearly provided for under R.A. No. 9266. as clearly provided for under R.A. No. 9266.

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MYTH No. 19MYTH No. 19. . Civil Engineering has been around Civil Engineering has been around for thousands of years and predates for thousands of years and predates (???)(???) or came or came

before before (???)(???) architecture. architecture.

FACT No. 19FACT No. 19. Architecture was already being . Architecture was already being practiced many thousands of years practiced many thousands of years beforebefore civil civil engineering became a recognized or distinct engineering became a recognized or distinct profession. profession. The terms “civil engineering” and “civil The terms “civil engineering” and “civil engineer” came into widespread use only about 160 - 170 engineer” came into widespread use only about 160 - 170

years ago.years ago. The terms “architect” and “architecture” The terms “architect” and “architecture” have been in use for many thousands of years.have been in use for many thousands of years.

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MYTH No. 20MYTH No. 20. . Architecture is a branch Architecture is a branch (???)(???) of Civil Engineering of Civil Engineering (???)(???)..

FACT No. 20FACT No. 20. Architecture is a . Architecture is a distinctdistinct branch branch of knowledge (both an art and a science) and is of knowledge (both an art and a science) and is NOTNOT a branch of any recognized profession. It a branch of any recognized profession. It is one of the seven (7) original arts and the is one of the seven (7) original arts and the only one that dealt with buildings and only one that dealt with buildings and structures during the antiquities. The term structures during the antiquities. The term architect comes from “architect comes from “arkitekton”arkitekton”, an ancient , an ancient Greek word meaning “Greek word meaning “master buildermaster builder”.”.

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MYTH No. 21MYTH No. 21. . The 24 May 2005 injunction The 24 May 2005 injunction applies to applies to (???)(???) R.A. No. 9266. R.A. No. 9266.

FACT No. 21FACT No. 21. . To date, there is To date, there is NONO temporary temporary restraining order (TRO), restraining order (TRO), NONO writ of preliminary writ of preliminary injunction (“injunction”) and injunction (“injunction”) and NONO question on the question on the constitutionality of constitutionality of ANYANY provision of Republic Act provision of Republic Act (R.A.) No. 9266 (in effect since 10 April 2004), its (R.A.) No. 9266 (in effect since 10 April 2004), its Implementing Rules and Regulations or IRR (in Implementing Rules and Regulations or IRR (in effect since 01 Dec 2004) and its derivative effect since 01 Dec 2004) and its derivative regulations approved by the PRC (in effect since the regulations approved by the PRC (in effect since the 1970s).1970s).

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FACT No. 22FACT No. 22. . Civil Engineers (CEs) are Civil Engineers (CEs) are the regulated professionals the regulated professionals primarily primarily responsible for the proliferation of responsible for the proliferation of billboardsbillboards. The CEs . The CEs plan and designplan and design billboard frames. The CEs billboard frames. The CEs approvedapproved their construction (in their capacity as their construction (in their capacity as Building Officials). Building Officials). The CEs are also The CEs are also involved in the erectioninvolved in the erection of billboards, of billboards, when they act as constructors/ erectors.when they act as constructors/ erectors.

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FACT No. 23FACT No. 23. . The Civil Engineers (CEs) The Civil Engineers (CEs) acting as Building Officials need to acting as Building Officials need to focus on the stricter and more faithful focus on the stricter and more faithful implementation/ enforcement of the implementation/ enforcement of the 1997 National Building Code of the 1997 National Building Code of the Philippines (P.D. No. 1096)Philippines (P.D. No. 1096) and its and its 2004 Revised IRR , particularly the 2004 Revised IRR , particularly the architectural sections on building architectural sections on building occupancies, light and ventilation.occupancies, light and ventilation.

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MYTHS and FACTS about the Practices of the Regulated Professions of Architecture and Civil Engineering in the Philippines by The PRBoA Chairman, Archt. Armando N. ALLI, fuap, aaif, (Resource Person

FACT No. 24FACT No. 24. . Civil Engineers (CEs) Civil Engineers (CEs) can can and must do much moreand must do much more for the for the improvement of our road rights-of-improvement of our road rights-of-way (RROWs) and legal easements, way (RROWs) and legal easements, for our drainage and flood control, for our drainage and flood control, for our waste management, for water for our waste management, for water supply, for transportation, for traffic supply, for transportation, for traffic management management and for all other basicand for all other basic infrastructure & services that we all need.infrastructure & services that we all need.

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FACT No. 25FACT No. 25. Based on the 15 September 2007 . Based on the 15 September 2007 instructions from Senator AquilinoQ.instructions from Senator AquilinoQ.PimentelPimentel, , Jr., the father of both R.A. 7160 (The Local Jr., the father of both R.A. 7160 (The Local Government Code of the Philippines) and of Government Code of the Philippines) and of R.A. No. 9266 (The Architecture Act of 2004), R.A. No. 9266 (The Architecture Act of 2004), the the Architects must now SUE the GovernmentArchitects must now SUE the Government (national and local) (national and local) and all other violatorsand all other violators to to properly implement/ enforce R.A. No. 9266, its properly implement/ enforce R.A. No. 9266, its IRR and its derivative regulations. The PRBoA IRR and its derivative regulations. The PRBoA is now assisting the Architects in this regard.is now assisting the Architects in this regard.

Thank You Thank You and and

a Pleasant Evening a Pleasant Evening to You All!to You All!

___________________________________________________________________________________________________________________________________________________How R.A. No. 9266, its IRR and Derivative Regulations Affect the Practice of Architecture by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, (Resource Person)

PRBoA