Amending Architecture Act

Senate Offer of time erup TWENTIETH CONGRESS OF THE 25 AUG -7 P2:55 REPUBLIC OF THE PHILIPPINES First Regular Session ] RECEIVED BY: SENATE 1107 S.B. No. Introduced by SEN. WIN GATCHALIAN AN ACT AMENDING REPUBLIC ACT NO. 9266, OTHERWISE KNOWN AS THE "ARCHITECTURE ACT OF 2004", AND FOR OTHER PURPOSES EXPLANATORY NOTE Architecture has been a symbol of power, strength, development, and superiority throughout the ages. In the Philippines, our architectural heritage shows the transition of historical and cultural traditions in the country, as reflected in the dwellings of people, in churches and mosques and in buildings that have risen in response to the demands of progress and aspirations of the people.! Clearly, architecture mirrors the character, values, and ideals of a place or community, and the people that will live in it. As the architectural profession grows, the role of architects in building communities likewise expands. Architects, in making designs, consider the health, safety, and welfare of the people. Thus, the continuing education and professional standards of architects must always be in check to ensure their professional growth and to stimulate their competence to be at par with the world's best. 1 Arch. Manuel D.C. Noche. "History of Philippine Architecture." https://ncca.gov.ph/about-ncca- 3/subcommissions/subcommission-on-the-arts-sca/architecture-and-allied-arts-2/history-of-philippine architecture/

Considering the invaluable contribution of architects to nation building, and the public's interest in sustainable built development, as well as in view of the dangers and hazards of faulty architectural designs and the failure to comply with the standards set by Republic Act No. 9266 or the Architecture Act of 2004, there is a need to enhance the practice of the Architecture profession by updating and amending the Architecture Act of 2004 and harmonizing it with other laws. Accordingly, this bill seeks to improve the standards of the architecture professional practice and service through strengthened regulatory and policy bodies and enhanced regulatory measures that will foster professional growth and development to address the ever-changing needs and demands of the time. With the end goal of ensuring safety in our buildings and structures, this bill introduces a clear definition of architectural terms to guide the architects, the regulatory agency, and the public in complying and enforcing the requirements in the practice of architecture, as embodied in existing laws and the proposed amendments. Further, additional powers and functions of, and qualifications for membership in, the Professional Regulatory Board of Architecture are being sought to reinforce and strengthen the regulation of the profession with the purpose of preventing conflicts of interest, promoting greater competence within, and ensuring its responsiveness to the needs of the profession. The bill also seeks to revive the provision in the predecessor of RA 9266 which requires an applicant to take a one-year break after filing for the third time the architecture licensure examination to provide the applicant ample time to review, study, train or enroll in review or refresher courses. It also seeks to create a "Multipartite Council for Architecture" that will serve as a platform for policy concerns in the education, internship, professional regulation and continuing professional development for architecture and that will promote collaboration among various stakeholders. It also mandates the creation of an architect's office as well as positions for architects in local government units in recognition of their role and expertise in

designing structures and communities which are vital to community and nation building. Lastly, this proposed measure seeks to expand the coverage of unauthorized practices in the architecture profession by penalizing coercion and aiding and abetting of illegal practice of architecture. For the growth and development of the architecture profession, support for the passage of this measure is earnestly sought. tRol WIN GATCHALIAN

: Senate offee of the tech tarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P2:56 First Regular Session SENATE RECEIVED BY: S.B. No. 1107 Introduced by SEN. WIN GATCHALIAN AN ACT AMENDING REPUBLIC ACT NO. 9266, OTHERWISE KNOWN AS THE "ARCHITECTURE ACT OF 2004", AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Sec. 3 of Republic Act No. 9266, otherwise known as the

"Architecture Act of 2004", is hereby amended to read as follows: "SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be defined as follows: (1) "Architecture" is the art, science or profession of RENDERING OR OFFERING TO RENDER SERVICES IN CONNECTION WITH THE planning, designing and constructing [buildings in their-totality] A STRUCTURE OR GROUP OF STRUCTURES WHICH HAVE AS THEIR PRINCIPAL PURPOSE HUMAN HABITATION OR USE AND THE UTILIZATION OF SPACE WITHIN AND SURROUNDING SUCH STRUCTURES taking into account their environment, in accordance with the principles of utility, strength and beauty;

(2) "Architect" means a person professionally and academically qualified, registered and licensed TO PRACTICE ARCHITECTURE under this Act with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission, and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society's habitat in terms of space, forms and historical context; XXX (11) "Integrated and Accredited Professional Organization OF ARCHITECTS (IAPOA)" means the official national organization of all architects of the Philippines in which all registered Filipino architects shall be members without prejudice to membership in other voluntary professional associations; XXX (15) "ARCHITECTURAL DESIGN", ALSO REFERRED TO AS "DESIGN(S)" AS USED IN THIS ACT, MEANS THE ILLUSTRATED CONCEPT THAT FOCUSES ON THE FEATURES OR ELEMENTS OF BUILDING(S) OR STRUCTURE(S) AND THE UTILIZATION OF THE SITE AND SPACE WITHIN AND SURROUNDING SUCH BUILDING(S) OR STRUCTURE(S) AND UNIFIES THEM INTO A COHERENT AND FUNCTIONAL WHOLE, FOLLOWING A GENERALLY ACCEPTED APPROACH TO ACHIEVE THE OBJECTIVE(S), ABIDING BY SET NORMS AND CONSIDERING THE ARCHITECTURAL PRINCIPLES OF UTILITY, STRENGTH, AND BEAUTY, EXCLUSIVELY PREPARED BY AN ARCHITECT; (16) "ARCHITECTURAL DOCUMENTS", ALSO REFERRED TO AS "DOCUMENTS" AS USED IN THIS ACT, MEANS THE ARCHITECTURAL DESIGNS, ARCHITECTURAL PLANS, DRAWINGS, SPECIFICATIONS, TECHNICAL DOCUMENTS AND OTHER

INSTRUMENTS OF SERVICE PREPARED, SIGNED, AND SEALED, EXCLUSIVELY BY AN ARCHITECT; (17) "ARCHITECTURAL PERMIT" MEANS A DOCUMENT DULY ISSUED BY ANY REGULATING GOVERNMENT ENTITY BASED ON ARCHITECTURAL DOCUMENTS AUTHORIZING THE CONSTRUCTION OF BUILDING(S) OR STRUCTURE(S) AND THE UTILIZATION OF THE SITE AND SPACE WITHIN AND SURROUNDING SUCH BUILDING(S) OR STRUCTURE(S); (18) "ARCHITECTURAL PLANS", ALSO REFERRED TO AS "PLANS" AS USED IN THIS ACT, MEANS THE LATERAL SECTION OR DIMENSIONAL REPRESENTATIONS OF A PROPOSED DEVELOPMENT OR REDEVELOPMENT OF BUILDING(S) OR STRUCTURE(S) AND THE UTILIZATION OF THE SITE AND SPACE WITHIN AND SURROUNDING SUCH BUILDING(S) OR STRUCTURE(S) SHOWING FEATURES OR ELEMENTS OF THE ARCHITECTURAL DESIGN SUCH AS THE FLOOR PLANS, ELEVATIONS, CROSS AND LONGITUDINAL SECTIONS, PERSPECTIVE, REFLECTED CEILING PLAN, SITE DEVELOPMENT PLAN, ARCHITECTURAL INTERIORS, AND OTHER ARCHITECTURAL DETAILS PREPARED, SIGNED, AND SEALED, EXCLUSIVELY BY AN ARCHITECT; (19) "MULTIPARTITE COUNCIL" REFERS TO A BODY COMPOSED OF REPRESENTATIVES FROM THE PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE, THE INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION OF ARCHITECTS (IAPOA), THE ACADEME, PRIVATE PRACTITIONERS AND GOVERNMENT PRACTITIONERS."

SEC. 2. Sec. 4 of the same Act is hereby amended to read as follows:

"SEC. 4. Creation and Composition of the Professional Regulatory Board. - There is hereby created a Professional Regulatory Board of Architecture, hereinafter referred to as the Board, a collegial body under the supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a chairman and [two (2)] FOUR (4) members appointed by the President of the Philippines from a list of three (3) recommendees chosen from a list of five (5) nominees for each position submitted to the Commission by the integrated and the accredited professional organization of architects. The Board shall be organized not later than six (6) months from the effectivity of this Act."

SEC. 3. Sec. 5 (c) of the same Act is hereby amended to read as follows:

"SEC. 5. Qualifications of Members of the Professional Regulatory Board. - Each member shall have at the time of [his/her] THEIR appointment, possess the following qualifications: (a) be a citizen and resident of the Philippines; (b) be a holder of a degree in Bachelor of Science in Architecture, PREFERRABLY WITH A POST-BACCALAUREATE DEGREE IN ARCHITECTURE, conferred by a school, college or university in the Philippines or abroad, WHOSE PROGRAM is accredited by the Commission on Higher Education (CHED); (c) be an architect with a valid Certificate of Registration and Professional Identification Card and active practitioner of architecture for at least [ten (10)] FIFTEEN (15) years on the date of [his/her] THEIR appointment; (d) not be a member of the faculty of any school, college, university or review institution where a regular course or review course in architecture is taught, nor have pecuniary interest in such institution. No former member

of the faculty of any school, institute, university or review center where architecture is taught can become a member of the Board unless he/she had officially FILED A LEAVE OF ABSENCE OR resigned from such an institution and has completely stopped teaching, advising or reviewing activities [for at least five (5) years prior to the nemination; and] ON THE DATE OF THEIR APPOINTMENT; (e) has never been convicted of any crime involving moral turpitude[-]; (F) NOT BE AN ELECTIVE OFFICER OF THE INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION OF ARCHITECTS AND OTHER PROFESSIONAL ORGANIZATION OF ARCHITECTS ON THE DATE OF THEIR APPOINTMENT; (G) NOT BE AN ELECTIVE NOR APPOINTIVE LOCAL OFFICIAL UNLESS THEY RELINQUISH THEIR INCUMBENT OFFICE ON THE DATE OF THEIR APPOINTMENT; (H) NOT BE A CANDIDATE WHO HAS LOST IN ANY ELECTION, WITHIN ONE (1) YEAR PRIOR TO THE DATE OF THEIR APPOINTMENT."

SEC. 4. Sec. 6 of the same Act is hereby amended to read as follows:

"SEC. 6. Term of Office. - The members of the Board shall hold office for a term of three (3) years after appointment or until their successors shall have been appointed and duly qualified. Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only. Each member of the Board may be reappointed for one full term of three (3) years. Of the members of the Board first appointed under this Act, one (1) member shall be appointed and hold office as chairman for three (3) years, [ONE (1)] TWO (2) MEMBERS for two (2) years, and [ONE (1)] TWO (2) MEMBERS for one (1) year.

Each member of the Board shall qualify by taking the proper oath prior to the performance of their duties. Provided, That the incumbent members of the Board shall continue to serve for the remainder of their term as members of the herein created Professional Regulatory Board of Architecture until a new Board shall have been properly organized."

SEC 5. Sec. 7 (f) of the same Act is hereby amended to read as follows:

"SEC. 7. Power and Functions of the Board. - XXX (f) Monitor LOCAL AND INTERNATIONAL BENCHMARKS AND conditions affecting the practice of architecture and adopt such measures as may be deemed proper for the enhancement and maintenance of high professional, ethical and technical standards of the profession; XXX (N) KEEP, MAINTAIN, PUBLISH, AND ANNUALLY UPDATE A ROSTER OF ARCHITECTS, A ROSTER OF PRACTICING ARCHITECTS, ROSTER OF FOREIGN ARCHITECTS WITH VALID TEMPORARY PERMITS, AND A ROSTER OF ARCHITECTURAL FIRMS; (0) KEEP A RECORD OF BOARD PROCEEDINGS AND MAKE AN ANNUAL REPORT TO THE COMMISSION, THE OFFICE OF THE PRESIDENT, THE SENATE OF THE PHILIPPINES, THE HOUSE OF REPRESENTATIVES, THE CHED, AND THE MULTIPARTITE COUNCIL; AND [(r)] (P) Discharge such other duties and functions as may be deemed necessary for the enhancement of the architecture profession and the upgrading, development and growth of the architecture education."

SEC. 6. Sec. 9 of the same Act is hereby amended to read as follows:

"SEC. 9. Grounds for Suspension or Removal of Members of the Board. - XXX (D) SOLICITING AND/OR ACCEPTING, DIRECTLY OR INDIRECTLY, ANY GIFT, GRATUITY, FAVOR, ENTERTAINMENT, LOAN OR ANYTHING OF MONETARY VALUE FROM ANY SOURCE, IN THE COURSE OF THEIR OFFICIAL DUTIES OR IN CONNECTION WITH ANY OPERATION BEING REGULATED BY, OR ANY TRANSACTION WHICH MAY BE AFFECTED BY THE FUNCTIONS OF THEIR OFFICE; (E) Final judgment [of crimes involving moral turpitude] FOR OFFENSES UNDER THE REVISED PENAL CODE, THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, AND OTHER LAWS; [and] (F) Manipulation or rigging of the architecture licensure examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination or tampering of grades[-]; AND (G) ENGAGING IN UNAUTHORIZED PRACTICE OF ARCHITECTURE."

SEC. 7. Sec. 11 of the same Act is hereby amended to read as follows:

"SEC. 11. Annual Report. - The Board shall submit an annual report to the Commission after the close of each year giving a detailed account of its proceedings during the year and making such recommendations as it may deem proper.

EVERY OTHER YEAR, THE ANNUAL REPORT SHALL BE SUPPLEMENTED BY A COMPETITIVENESS REPORT ASSESSING FILIPINO PROFESSIONAL ARCHITECTS, ARCHITECTURE SCHOOLS, THE BOARD, AND THE IAPOA VIS À VIS THEIR COUNTERPARTS IN COUNTRIES WITH WHOM THE PHILIPPINES HAS, IS NEGOTIATING, OR DESIRES TO NEGOTIATE MUTUAL RECOGNITION AGREEMENTS. COPIES OF THE ANNUAL REPORT AND COMPETITIVENESS REPORT SHALL BE SUBMITTED TO THE FOLLOWING: (1) OFFICE OF THE PRESIDENT OF THE PHILIPPINES; (2) SENATE OF THE PHILIPPINES; (3) HOUSE OF REPRESENTATIVES; (4) THE CHED; AND (5) THE MULTIPARTITE COUNCIL."

SEC. 8. Sec. 13 of the same Act is hereby amended to read as follows:

"SEC. 13. Qualifications of Applicant for Examination. - xXX (c) He/she is a holder of a degree of Bachelor of Science in Architecture conferred by a school, college, academy or institute IN THE PHILIPPINES OR ABROAD, WHOSE PROGRAM IS duly accredited by the Commission on Higher Education (CHED) and in addition has a specific record of at least two (2) years or equivalent of diversified architectural experience duly certified by a registered/licensed architect: Provided, [however, ] That an applicant holding a Master's Degree in Architecture from a school, college, university or institute IN THE PHILIPPINES OR ABROAD DULY ACCREDITED BY THE CHED, shall be credited one (1) year in his/her practical experience; PROVIDED, FUTHER, THAT FOR AN APPLICANT THAT HOLDS A DEGREE FROM A SCHOOL, COLLEGE, UNIVERSITY

OR INSTITUTE, WHOSE PROGAM IS NOT CURRENTLY ACCREDITED, THE APPLICANT SHALL SUBMIT SAID PROGRAM FOR ACCREDITATION BY THE CHED: PROVIDED, FINALLY, THAT AN APPLICANT WHO HAS OBTAINED DIVERSIFIED EXPERIENCE FROM AN ARCHITECT REGISTERED/LICENSED ABROAD SHALL PROVE THAT THE COUNTRY WHERE THEY OBTAINED SUCH EXPERIENCE HAS RECIPROCITY AGREEMENTS WITH THE PHILIPPINES, AND SHALL SUBMIT DOCUMENTATION FOR EQUIVALENCY ASSESSMENT BY THE PRC; and (d) He/she has not been convicted of any criminal offensive involving moral turpitude."

SEC. 9. Sec. 14 of the same Act is hereby amended to read as follows:

"SEC. 14. Subjects for Examination. - XXX The Board, subject to the approval of the Commission, AND UPON CONSULTATION WITH THE MULTIPARTITE COUNCIL, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession."

SEC. 10. A new section shall be inserted to read as follows:

"SECTION 16-A. RE-EXAMINATION. - AN APPLICANT WHO FAILS TO PASS THE EXAMINATION FOR THE THIRD TIME SHALL BE ALLOWED TO TAKE ANOTHER EXAMINATION ONLY AFTER THE LAPSE OF ONE YEAR."

SEC. 11. Sec. 19 of the same Act is hereby amended to read as follows:

"SEC. 19. Roster of Architects. - A roster showing the names and place of business of all registered professional architects, PRACTICING ARCHITECTS, FOREIGN ARCHITECTS WITH VALID TEMPORARY PERMIT, AND ARCHITECTURAL FIRMS, shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary."

SEC. 12. Sec. 20 (2) of the same Act is hereby amended to read as follows:

"SEC. 20. Seal, Issuance and Use of Seal. - XXX No officer or employee of this Republic, chartered cities, provinces and municipalities, now or hereafter charged with the enforcement of laws, ordinances, or regulations, relating to the construction or alteration of buildings, shall accept or approve any architectural plans or specifications which have not been prepared BY AN ARCHITECT and submitted in full accord with all the provisions of this Act. Nor shall any payments be approved by such officer for any work, the plans and specifications which have not been so prepared and signed by an Architect. UPON APPROVAL OF THE ARCHITECTURAL DOCUMENTS, THE CORRESPONDING ARCHITECTURAL PERMIT SHALL BE ISSUED SUBJECT TO REASONABLE FEES AND IN ACCORDANCE WITH THE REQUIREMENTS OF REPUBLIC ACT NO. 11032, OTHERWISE KNOWN AS THE "EASE OF DOING BUSINESS AND EFFICIENT GOVERNMENT SERVICE DELIVERY ACT": PROVIDED, THAT NO BUILDING PERMIT OR OTHER DOCUMENT OF SIMILAR IMPORT SHALL BE ISSUED WITHOUT THE CORRESPONDING ARCHITECTURAL DESIGNS, PLANS, AND DOCUMENTS PREPARED AND SIGNED BY AN ARCHITECT, EXCEPT ON CERTAIN INSTANCES AS DETERMINED BY THE BOARD."

SEC. 13. Sec. 25 of the same Act is hereby amended to read as follows:

"SEC. 25. Registration of Architects Required. - No person shall practice architecture in this country, or engage in preparing architectural plans, specification or preliminary data for the erection or alteration of any building located within the boundaries of this country or use the title "Architect", [or display or use any title, sign, card, advertisement, or other device] "ARCH.", "ARCH'T.", "AR.", INCLUDING "ARCHITECTURAL DESIGN", "ARCHITECTURAL DRAWINGS", "ARCHITECTURAL SERVICES", OR ANY OF THEIR DERIVATES OR TRANSLATIONS INTO OTHER LANGUAGES OR DIALECTS, IN CONNECTION WITH THEIR NAME, STYLE, BUSINESS DESIGNATION, BUSINESS NAME, LOGO, OR ON PLANS, DRAWINGS, OR SPECIFICATIONS FOR BUILDINGS OR PARTS OF BUILDINGS to indicate THAT such person practices or offers to practice architecture, or is an architect, unless such person shall have received from the Board a Certificate of Registration and be issued a Professional Identification Card in the manner hereinafter provided and shall thereafter comply with the provisions of this Act. A foreign architect or any person not authorized to practice architecture in the Philippines, who shall stay in the country and perform any of the activities mentioned in Sections 3 and 4 of this Act, or any other activity analogous thereto, in connection with the construction of any building/structure/edifice or land development project, shall be deemed engaged in the unauthorized practice of architecture."

SEC. 14. Sec. 29 of the same Act is hereby amended to read as follows:

"SEC. 29. Prohibition in the Practice of Architecture and Penal Clause. - Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of this Act; or any person

presenting or attempting to use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit; or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit; or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit; or any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect; or any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, designs or specification made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture; OR ANY GOVERNMENT EMPLOYEE CONNECTED WITH PERMITTING AUTHORITIES, WHO PREPARES, SIGNS AND SEALS ARCHITECTURAL DOCUMENTS FOR THE PURPOSE OF APPLYING FOR GOVERNMENT-ISSUED PERMITS, CLEARANCES AND LICENSES, SUCH AS, BUT NOT LIMITED TO, ARCHITECTURAL PERMITS, BUILDING PERMITS, OCCUPANCY PERMITS AND ZONING/LOCATIONAL CLEARANCES, BUSINESS PERMITS; or any person who shall violate any of the provisions of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the Commission, shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five Million pesos (P5,000,000,00) or to suffer imprisonment for a period not less than six (6)

months or not exceeding six (6) years, or both, at the discretion of the Court."

SEC. 15. Sec. 30 of the same Act is hereby amended to read as follows:

"SEC. 30. [Prohibition in the Practice] COERCION, AIDING AND ABETTING ILLEGAL PRACTICE of Architecture. - Any person or entity, whether public or private, Filipino or foreigner, who/which shall entice, compel, coerce, require or otherwise force an architect registered and licensed under R.A. No. 9266 to undertake/perform any service under the general practice of architecture as defined under R.A. No. 9266, without first executing a written contract/service agreement; OR ANY PERSON WHO FACILITATES THE ISSUANCE OF A GOVERNMENT PERMIT FOR ARCHITECTURAL DOCUMENTS PREPARED, SIGNED AND SEALED BY REGISTERED/LICENSED ARCHITECTS EMPLOYED IN GOVERNMENT PERMITTING AUTHORITIES; OR ANY PERSON OR ENTITY, WHO/WHICH SHALL AID AND ABET PERSONS OR ENTITIES IN COMMITTING THE PROHIBITED ACTS RELATIVE TO THE PRACTICE OF ARCHITECTURE AS DESCRIBED IN SECTION 29 OF THIS ACT shall be guilty of a misdemeanor and shall, upon conviction be sentenced to a fine of not less than Two hundred thousand pesos (P200,000.00) or to suffer imprisonment for a period not exceeding six (6) years, or both, at the discretion of the Court."

SEC. 16. Sec. 35 of the same Act is hereby amended to read as follows:

"SEC. 35. Positions in Government Requiring the Services of Registered and Licensed Architects. - Within (3) years from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of an architect shall be filled only by registered and licensed architects.

ALL LOCAL GOVERNMENT UNITS CONCERNED SHALL CREATE AN ARCHITECT'S OFFICE TO OVERSEE AND REVIEW THE PLANNING, DESIGN, AND IMPLEMENTATION OF PUBLIC BUILDINGS AND FACILITIES, SUCH AS, BUT NOT LIMITED, TO OFFICES, COURTS, SCHOOLS, HOSPITALS, CLINICS, FIREHOUSES, POLICE STATIONS, MARKETS, PUBLIC HOUSING. MANDATORY POSITIONS OF PROVINCIAL ARCHITECT, CITY ARCHITECT, CITY ARCHITECT, AND MUNICIPAL ARCHITECT, SHALL BE CREATED AND HELD EXCLUSIVELY BY REGISTERED AND LICENSED ARCHITECTS. ALL OFFICES, AGENCIES, AND INSTRUMENTALITIES IN THE GOVERNMENT, SHALL HIRE ARCHITECTS IN THE DESIGN OF GOVERNMENT BUILDINGS AND FACILITIES."

SEC. 17. Sec. 37 of the same Act is hereby amended to read as follows:

"SEC. 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association. - XXX (b) Registered and licensed architects shall compose at least [seventy-five percent (75%)] A MAJORITY of the owners, shareholders, members incorporators, directors, executive officers, as the case may be; XXX A FILIPINO REGISTERED AND LICENSED ARCHITECT MAY PRACTICE AS A ONE PERSON CORPORATION SUBJECT TO THE PROVISIONS SET FORTH IN THE REVISED CORPORATION CODE."

SEC. 18. Sec. 40 of the same Act is hereby amended to read as follows:

"SEC. 40. Integration of the Architecture Profession. - The Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board, subject to the approval by the Commission, as the Integrated and Accredited Professional Organization of Architects (IAPOA): Provided, [howevery] That such an organization shall be registered with the Securities and Exchange Commission, as a non-profit, non-stock corporation, WITH ARTICLES OF INCORPORATION SPECIFYING AS ONE OF ITS PURPOSES: TO INTEGRATE ALL ARCHITECTS INTO ONE (1) NATIONAL ORGANIZATION, AND governed by By-laws providing for a democratic election of its officials [-]; PROVIDED, FURTHER, THAT SUCH AN ORGANIZATION SHALL HAVE A ROBUST NETWORK OF LOCAL AND FOREIGN-BASED CHAPTERS LOCATED IN KEY CITIES AND MUNICIPALITIES; PROVIDED, SIMILARLY, THAT an architect duly registered with the Board shall automatically become a member of the IAPOA and shall receive the benefits and privileges provided for in this Act upon payment of the required fees and dues. Membership in the IAPOA shall not be a bar to membership in other associations of architects-]; PROVIDED, FINALLY THAT UPON FILING FOR APPLICATION FOR ACCREDITATION OR RENEWAL OF ACCREDITATION, SUCH ORGANIZATION SHALL HAVE A MEMBERSHIP COMPRISING OF AT LEAST FIFTY PERCENT PLUS ONE (50% + 1) OF REGISTERED/LICENSED ARCHITECTS POSSESSING CURRENT AND VALID PROFESSIONAL IDENTIFICATION CARDS. THE IAPOA SHALL, IN ADDITION TO THE PURPOSES STATED IN ITS BY-LAWS, HAVE THE FOLLOWING FUNCTIONS, DUTIES, AND RESPONSIBILITIES:

(1) REPRESENT THE PROFESSION FOR WHICH SUCH ORGANIZATION HAS BEEN ESTABLISHED AND ACCREDITED; (2) SUBMIT NOMINEES FOR VACANT POSITIONS IN THE BOARD; (3) REPRESENT THE PROFESSION IN THE MONITORING COMMITTEESFOR MUTUAL RECOGNITION ARRANGEMENTS (MRA) IN THE ASEAN AND APEC; (4) DEFINE THE STANDARDS OF PROFESSIONAL PRACTICE OF ITS MEMBERS; (5) ENSURE THAT ITS MEMBERS ADHERE TO THE CODE OF ETHICS, PROFESSIONAL PRACTICE, AND HIGHEST PROFESSIONAL AND TECHNICAL STANDARDS; (6) LOOK INTO THE CONDITIONS AFFECTING THE PRACTICE OF THE ARCHITECTURE PROFESSION, LOCALLY AND ABROAD, AND TO PROPOSE POLICIES OR MEASURES TO THE BOARD AND/OR THE COMMISSION FOR ITS IMPROVEMENT; (7) ENSURE THE WELFARE AND BEST INTEREST, AS WELL AS HARMONIOUS RELATIONSHIP AMONG ITS MEMBERS; (8) REPORT VIOLATIONS OF THIS ACT TO THE BOARD AND /OR THE COMMISSION, THROUGH THE OFFICE OF THE LEGAL SERVICE, FOR POSSIBLE PROSECUTION OR FILING OF COMPLAINT; (9) SUBMIT TO THE BOARD, AT THE END OF THE FISCAL YEAR: (a) YEARLY AUDITED FINANCIAL STATEMENT OF THE ORGANIZATION, DULY SIGNED BY A CPA AUTHORIZED TO PRACTICE ACCOUNTANCY WITHIN THIRTY (30) DAYS FROM THE SUBMISSION MADE TO

THE SECURITIES AND EXCHANGE COMMISSION (SEC); (b) AUTHENTICATED COPY OF THE LATEST GENERAL INFORMATION SHEET WITHIN THIRTY (30) DAYS FROM THE CONDUCT OF NATIONAL ELECTION; AND (c)REPORT ON SIGNIFICANT ACHIEVEMENTS AS A CORPORATE BODY IN ATTAINING THE OBJECTIVES OF THE ORGANIZATION, IN THE ENHANCEMENT OF THE WELFARE OF ITS MEMBERS AND THE STATURE/PRESTIGE OF THE PROFESSION, AS WELL AS TANGIBLE PROGRAMS (WHICH MAY INCLUDE INSURING ITS MEMBERS; PROVIDING SCHOLARSHIP; AND CONDUCTING FREE CPD PROGRAMS FOR THE MEMBERS; LIFE, HEALTH, AND DEATH BENEFITS; AND OTHER BENEFITS) TO BE SIGNED BY THE BOARD, WITHIN THIRTY (30) DAYS AFTER THE FISCAL YEAR; AND (d) OTHER FUNCTIONS, DUTIES, AND RESPONSIBILITIES AS MAY BE PRESCRIBED BY THE BOARD."

SEC. 19. A new Section 41 and Section 42 shall be inserted, to read as follows,

and the succeeding sections shall be renumbered accordingly: "SEC. 41. COUNCIL FOR ARCHITECTURE. - A MULTI-PARTITE COUNCIL FOR ARCHITECTURE IS HEREBY CREATED TO BE ATTACHED TO THE COMMISSION. THE OBJECTIVES OF THE MULTI-PARTITE COUNCIL SHALL BE AS FOLLOWS:

(1) PROVIDE A PLATFORM TO DISCUSS POLICY CONCERNS IN THE EDUCATION, INTERNSHIP, PROFESSIONAL REGULATION AND CONTINUING PROFESSIONAL DEVELOPMENT; AND (2) PROMOTE AND ENCOURAGE COLLABORATION AMONG THE DIFFERENT STAKEHOLDERS IN THE REGULATION AND PRACTICE OF THE BUILT ENVIRONMENT PROFESSIONS. THE MULTI- PARTITE COUNCIL SHALL BE COMPOSED OF THE: (1) CHAIRPERSON OF THE BOARD; (2) PRESIDENT OF THE IAPOA; (3) PRESIDENT OF THE ACADEMIC ORGANIZATION (DEANS AND HEADS OF SCHOOLS) DULY ACCREDITED BY THE PRC UPON THE RECOMMENDATION OF THE CHED; (4) ONE REPRESENTATIVE FROM PRIVATE PRACTICE; AND (5) ONE REPRESENTATIVE FROM GOVERNMENT PRACTICE.

SEC. 42. POWERS, DUTIES, AND FUNCTIONS OF THE MULTI-

PARTITE COUNCIL. - THE MULTI-PARTITE COUNCIL SHALL PERFORM THE FOLLOWING FUNCTIONS: (1) MONITOR LOCAL AND INTERNATIONAL BENCHMARKS IN PROFESSIONAL EDUCATION, INTERNSHIP, REGULATION AND PRACTICE; (2) STUDY AND EVALUATE EDUCATIONAL INNOVATIONS THAT SHALL LEAD TO CURRICULUM DEVELOPMENT; (3) REGULARLY REVIEW OF THE SUBJECTS • FOR EXAMINATION; (4) DEVELOP AND REGULARLY REVIEW THE TABLE OF SPECIFICATIONS FOR THE LICENSURE EXAMINATION; (5) DEVELOP AND REGULARLY REVIEW INTERNSHIP/GUIDELINES IN THE AREAS SUCH AS

DIVERSIFICATION OF EXPERIENCE, DUTIES AND RESPONSIBILITIES OF MENTORS AND COLLABORATIVE WORK; (6) DEVELOP AND REGULARLY REVIEW CONTINUING PROFESSIONAL DEVELOPMENT GUIDELINES; (7) DEVELOP AND REGULARLY REVIEW OF STANDARDS OF PROFESSIONAL PRACTICE IN AREAS SUCH AS SCOPE OF SERVICES, SCHEDULE OF FEES, AND INTER-PROFESSIONAL COLLABORATION; AND (8) DEVELOP AND REGULARLY REVIEW PROFESSIONAL EDUCATION, INTERNSHIP, REGULATION AND PRACTICE STANDARDS IN REFERENCE TO THE PHILIPPINE QUALIFICATIONS FRAMEWORK ACT."

SEC. 20. Sec. 44 of the same Act is hereby amended to read as follows:

"SEC. 44. Enforcement of the Act. - XXX FOR CASES OF ILLEGAL PRACTICE LODGED BEFORE IT, the Board shall assist the Commission IN THE PRELIMINARY INVESTIGATION AND in filing the appropriate charges through the concerned prosecution office in accordance with law and the Rules of Court."

SEC. 21. Implementing Rules and Regulations. - The Board and the IAPOA 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. 22. 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.

• •

SEC. 23. Repealing Clause. - All laws, decrees, executive orders, agreements,

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

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after is

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