Council for the Built Environment Act

Senate office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -7 P2:55 First Regular Session ] RICEIVED BY: SENATE S.B. No. 1106 Introduced by SEN. WIN GATCHALIAN AN ACT CREATING THE "COUNCIL FOR THE BUILT ENVIRONMENT", APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Any country aiming to stimulate growth and development most certainly always rely on building infrastructure to encourage investors and increase government spending on infrastructure projects. However, building infrastructure towards sustainable growth and development is no easy feat and does not rely solely on one industry or profession. A country seeking to build a resilient and sustainable community must rely on the collective action and competence of several professionals working in the field of built environment, such as architecture, interior design, landscape architecture, environmental planning, geodetic engineering, civil engineering, electrical engineering, mechanical engineering, sanitary engineering, master plumber, electronic engineering, and real estate services. Clearly, Built Environment Professionals play a very important role in nation building and development. Thus, it is necessary that we find ways to ensure that all practicing Built Environment Professionals meet the minimum requirements to safeguard the life, health, property, and welfare of the public, foster their continuing professional growth and advancement, encourage and enhance collaboration, and

continually review and improve the standards of regulation, professional service and practice. This will be best addressed by establishing a Council which shall have administrative supervision over these Built Environment Professions. Accordingly, this proposed measure aims to create a Council of the Built Environment that will exercise powers and functions pertaining to policy advisory, oversight, and collaborative platform among the different Built Environment Professions, with the primary objective of professionalizing and promoting synergy and cooperation among the Built Environment Professions. In view of the foregoing, the immediate passage of this measure is earnestly sought.

Senate Bffice of the Secretare TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P2:55 First Regular Session ] RECEIVED 3Y: SENATE S. B. No. - 1106 Introduced by SEN. WIN GATCHALIAN AN ACT CREATING THE "COUNCIL FOR THE BUILT ENVIRONMENT", APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS

SECTION. 1. Short Title. - This Act shall be known as the "Council for

the Built Environment Act".

SEC. 2. Declaration of Policy. - The State recognizes the importance

and contributions of the Built Environment Professions in nation-building and development. Hence, the State shall ensure that all practicing Built Environment 6 Professional meets the minimum requirements to safeguard life, health, and property, foster their continuing professional growth and advancement, encourage and enhance collaboration, and continually review and improve the standards of regulation, professional service, and practice towards Filipino Built Environment Professionals becoming socially and environmentally responsible and globally competitive.

SEC. 3. Definition of Terms. - As used in this Act, unless the context

otherwise requires, the following terms shall be defined as follows: a) Built Environment means the field within which the registered professionals practice their profession. b) Built Environment Professions means the following professions: (i) Architecture; (ii) Interior Design; (jii) Landscape Architecture; (iv) Environmental Planning; (v) Geodetic Engineering; (vi) Civil Engineering; (vii) Electrical Engineering; (viii) Mechanical Engineering; (ix) Sanitary Engineering; (x) Master Plumber; (xi) Electronics Engineering; and (xii) Real Estate Services. c) Council means the Council for the Built Environment created under

Section 8 of this Act.

d) Professiona/ means a person who is registered as such under any of the Professional Regulatory Laws. e) Professional Regulatory Laws refers to the legal framework governing the practice of specific profession, including the legal charter creating and governing the various Boards, defining their functions and providing for the rules and policies that govern the practice of a specific profession. f) Accredited and Integrated Professional Organization {AIPO) refers to the concerned Board and PRC Accredited Integrated Professional Organization for a given profession which is specifically mandated by the provision of the subject professional regulatory law to integrate the professionals into one national

organization and where membership therein by professionals is automatic and mandatory. Accredited Professional Organization (APO) refers to the PRC Accredited Professional Organization where membership therein by professionals is only voluntary. ARTICLE II ORGANIZATION OF MULTIPARTITE COUNCILS FOR BUILT ENVIRONMENT PROFESSIONS

SEC. 4. Creation of Multipartite Councils for the Built

Environment Professions. - A Multipartite Council for each of the Built Environment Professions (herein referred to as "MC") is hereby created and shall be considered an attached agency to the Professional Regulation Commission (PRC).

SEC. 5. Objectives of the MC. - The objectives of the MC are as

follows: Provide a platform to discuss policy concerns in the education, internship, professional regulation, and continuing professional development; and Promote and encourage collaboration between the different stakeholders in the regulation and practice of the Built Environment Professions.

SEC. 6. Functions, Powers, and Duties of the MC. - The MCs shall

perform the following functions: a) Monitor local and international benchmarks in professional education, internship, regulation, and practice; Study and evaluate educational innovations that shall lead to curriculum development; Regularly review the Subjects for Examination; d) Develop and regularly review the Table of Specifications for the Licensure Examination;

Develop and regularly review Internship Guidelines in areas such as diversification of experience, duties and responsibilities of Mentors, and collaborative work; f) Develop and regularly review Continuing Professional Development Guidelines; Develop and regularly review Standards of Professional Practice in areas such as Scope of Services, Schedule of Fees, and inter- professional collaboration; and Develop and regularly review professional education, internship, regulation, and practice standards, in reference to Republic Act (RA) No. 10968 or the Philippine Qualifications Framework Act.

SEC. 7. Composition of the MC. - The MC shall be composed of the

following: Chairperson of the Professional Regulatory Board (PRB); b) President of the Accredited and Integrated Professional Organization (AIPO); c) President of the Academic Organization (Deans and Heads of Schools) duly accredited by the PRC upon the recommendation of the Commission on Higher Education (CHED); One (1) representative from Private Practice; and e) One (1) representative from Government Practice. ARTICLE III ORGANIZATION OF THE COUNCIL OF THE BUILT ENVIRONMENT

SEC. 8. Creation of the Council of the Built Environment. - The

Council of the Built Environment (herein referred to as the "Council") is hereby created and shall be an attached agency to the PRC.

SEC. 9. Objectives of the Council. - The Council is an overarching

body that has the following objectives: a) Advise on policy matters concerning the interests of the public in the built environment, including but not limited to:

(i) Sustainable development; (ii) Human resource development; and iii) Health, safety and environmental protection standards; b) Oversee the regulation of Built Environment Professions, providing guidance on: (i) Required qualifications; (ii) Standards of education; (iii) Training and competence; (iv) Promotion of professional status; and (v) Uniform application of standards and guidelines set by the PRC; and c) Facilitate collaboration and cooperation of the Built Environment Professions with: (i) Other Built Environment Professions; (ii) Foreign Professionals; and (iii) Non-professional creatives and artists.

SEC. 10. Mandates, Functions, and Powers of the Council. - The

Council shall exercise the following powers and functions: a) Act in an advisory capacity on any matter concerning the built environment, including, but not limited to resource utilization, socio-economic development, public health and safety, and the environment; b) Provide advice and consultation on national policy that has possible impact on the built environment, human resource development in relation to the built environment professions, and the recognition of new professions; Comment, if necessary, on all proposed legislation impacting health and safety in the built environment; d) Ensure the consistent application of policy for the Built Environment Professions with regard to: (i) Registration requirements of registered professionals;

(ii) Key elements of competence testing of registered professionals; (iii) Codes of conduct; (iv) Delineation of scope of services; (v) The principles upon which to base the Standards of Professional Practice and Schedule of Fees; (vi) Standards of health, safety and environmental protection within the built environment; (vii) The accreditation of Accredited Professional Organizations (APOs)/AIPOs for the built environment professions by approving the accreditation framework, giving due recognition to the characteristics of each Built Environment Profession; (viii) Establishment of education and training standards in terms of the Philippine Qualifications Framework Act; e) Act as an appeal body with regard to matters referred to it in terms of the professional regulatory laws regulating the Built Environment Professions; f) Receive and assimilate the annual reports of the PRBs, AIPOs and Academic Sectors, and submit a summary to the Commissioner; Promote coordination between the CHED and the Academic Sectors for the Built Environment Professions in relation to the accreditation of educational institutions; h) Coordinate the establishment of Mutual Recognition Agreements (MRAs) for Built Environment professionals, providing guidelines on the practice of Filipino professionals abroad as well as foreign professionals in the Philippines; i) Foster and encourage collaboration and cooperation between Built Environment Professionals by setting up guidelines, terms of reference, and standards; and j) Establish terms of engagement to facilitate the efficient and mutually beneficial collaboration of Built Environment

Professionals with creatives and artists who are not in the Built Environment Professions.

SEC. 11. Composition of Council. - The Council shall be composed

of ex officio members and regular members. The ex officio members of the Council are: a) Chairperson of the PRC; b) Chairperson of the CHED; and c) Chairpersons of the PRBs of all Built Environment Professions. Meanwhile, the regular members of the Council shall be composed of one 10 (1) representative from each of the Multipartite Councils, who are not part of the PRBs, of all Built Environment Professions.

SEC. 12. Appointment of Members of the Council. - The ex officio

13 members of the Council, except the Chairperson of the PRC, who shall serve as 14 Chairperson of the Council, may designate their respective next-in-rank officials 15 as permanent alternates whose acts shall be considered as the acts of their 16 principals. Every regular member shall be appointed by the President from a list submitted by the Chairperson of the PRC upon consultation with the other ex officio members of the Council, drawn from a nomination process resulting from public consultations with stakeholders engaged in each Built Environment Profession, nominating at least three (3) nominees for every regular member seat: Provided, That each of the nominees shall not be a holder of any government position and must have at least ten (10) years of experience in the profession which the nominee belongs to: Provided, further, That each of the nominees shall have been officially endorsed by the AIPO and the duly recognized association of academics of their profession: Provided, finally, That the list of nominees shall be vetted by a joint task force constituted by the PRC and the CHED, representing the professional and academic interests of the Filipino people, respectively.

SEC. 13. Removal from Office. - The Chairperson of the Council may

remove a member of the Council f-om office on account of misconduct or inability to perform their duties after due process.

SEC. 14. Disqualification, Vacation, and Filling of Vacancies. - A

person may not be appointed as a member of the Council if that person: a) Is not a Filipino citizen and resident of the Philippines; Has been convicted of a crime involving moral turpitude; Has in terms of this Act been found guilty by the Council of improper conduct; or d) Is not a registered professional as embodied in this Act. A member of the Council must vacate their office or if they: Becomes disqualified from being appointed as a member of the Council; b) Resigns by written notice addressed to the Chairperson; c) Has, without leave of the Council, been absent for more than two consecutive meetings of the Council; Ceases to be permanently resident in the Philippines; or Is removed from office under Section 13 of this Act. e) If a member of the Council dies or vacates their office before the expiration of their term of office, the Chairperson must, within sixty (60) days from the date on which the vacancy occurred, appoint the person nominated by the Council, to fill the vacancy for the unexpired portion of the period for which that member was appointed.

SEC. 15. Chairperson and Deputy Chairperson. - The Council shall

be chaired by the Chairperson of the PRC. The Council shall elect a Deputy Chairperson among the regular members. The regular members of the Council shall serve for a term of six (6) years, unless sooner separated from the service due to death, voluntary resignation, or removal for cause. In case of death, resignation, or removal for cause, their replacements shall serve only the unexpired terms of the replaced members. Of

the first set of regular members, eleven (11) shall hold office for a term of three 2 (3) years and the remaining eleven (11) for a term of six (6) years. The regular members of the Council shall receive per diem every meeting in accordance with existing rules and regulations.

SEC. 16. Meetings of the Council. - The Council shall meet at least

once every six (6) months, or as often as necessary at the call of the Chairperson or majority of the members. Members of the Council who cannot physically attend or vote at Council meetings can participate and vote through remote 9 communication technologies or other electronic means, such as videoconferencing, teleconferencing, or other alternative modes of communication that allow them reasonable opportunities to participate. A majority of the incumbent members of the Council shall constitute a quorum to do business.

SEC. 17. Executive Committee. - The Council shall have an Executive

Committee consisting of a Chairperson, a Deputy Chairperson, and not more than three (3) other members elected by the Council. The Council may appoint alternate members to the Executive Committee. A member of the Executive Committee shall have a term of one (1) year, and shall remain in such position until their successor has been elected and duly qualified: Provided, That said member may be re-elected to serve as such on the Executive Committee. No two (2) members of the Executive Committee shall come from the same Built Environment Profession. The Executive Committee must hold a meeting as and when necessary, but at least four (4) times per year.

SEC. 18. Powers of the Executive Committee. - The Executive

Committee shall exercise the following powers: a) Ensure that the resolutions of the Council are carried out; b) Consider any matter delegated to it by the Council in terms of any law, and to advise the Council in connection therewith;

c) Exercise or perform any power, duty, or function delegated to it by the Council; and Report at every ordinary meeting of the Council on the activities of the Executive Committee.

SEC. 19. Committees of Council. - The Council may establish any

Committee to: Assist it in the performance of its functions; or Investigate and make recommendations on matters relating to any of its functions. The Council shall designate a Chairperson for any such Committee and determine the quorum for meetings. The Council shall also determine the terms of reference of the Committees.

SEC. 20. Secretariat and Staff. - The Council shall establish a

Secretariat, and may employ such staff, as it may deem necessary, for the 15 carrying out of its functions, on such conditions, including the payment of remuneration and allowances, as it may determine, and may dismiss any person so appointed.

SEC. 21. Delegation of Powers. - The Council may delegate any

19 power, duty, or function conferred or imposed on it by this Act to: a) A Committee established under Section 19; b) The Executive Committee elected under section 17; c) The Chairperson of the Council or any member of the Council; or d) Any officer of the Council.

SEC. 22. Reporting. - The Council shall furnish the Commissioner an

Annual Report on the performance and exercise of the functions and affairs of the Council, including but not limited to: A report regarding the execution of the functions of the Council; A report regarding the envisaged strategies of the council; and c) Such other information as the Commissioner may from time to time determine.

SEC. 23. Delineation of Scope of Work and Terms of Reference

for Collaboration. - The Council must, after receipt of the recommendations submitted to it by the MCs in terms of the Professional Regulatory Laws: Determine policy with regard to the identification of work for the different Built Environment Professions; b) Consult with any person, body or industry that may be affected by the identification of work in terms of this Section; c) Identify the scope of work for every Built Environment Profession; and d) Establish terms of reference for collaboration between Built Environmental Professionals, Foreign Professionals, and creatives and artists who are not members of the Built Environment Professions. ARTICLE IV FINAL PROVISIONS

SEC. 24. Appropriations. - The amount necessary for the immediate

implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 25. Implementing Rules and Regulations. - The PRC and the

CHED, together with the PRBs and AIPOs of the Built Environment Professions, are tasked to prepare the Implementing Rules and Regulations (IRR) required for the implementation of this Act. The IRR shall be promulgated within ninety (90) days upon approval of this Act.

SEC. 26. Separability Clause. - If, for any reason, any section or

provisions of this Act is declared unconstitutional, or invalid, the other sections and provisions, which are not affected by it, shall continue to be in full force and effect.

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SEC. 27. Repealing Clause. - All laws, decrees, executive orders,

2 agreements, rules, and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after

§ its complete publication in either the Official Gazette or in two (2) newspapers 6 of general circulation. Approved,