Pro Prac Module 1 (Week 1)

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These will be the topics included for Module 1

TOPIC 01: INTRODUCTION TO PROFESSIONAL PRACTICE 1

TOPIC 02: AN OVERVIEW OF THE ARCHITECTURE PROFESSION

TOPIC 03: R.A. 8981 PRC MODERNIZATION ACT

TOPIC 04: R.A. 386 CIVIL CODE OF THE PHILIPPINES

1.2 Introduction: What is Professional Practice Course?

TOPIC 01: INTRODUCTION TO PROFESSIONAL PRACTICE 1 

HOME / MODULES / COURSE GUIDE

   WHY DO WE NEED THIS COURSE?

As architects, we are taught to design wonderful buildings throughout our student life, but as we mature as a professional, we must
think about the implications of our Designs. 

 As we are designing our projects, we must always ponder upon these questions: 

 Will my work be recognized as a legal piece of document?


 Is my design up to the accepted minimum standards?
 Will people be safe if they use my building/structure?
 Will my work fulfill the minimum requirements of the government?

 these will be some of the questions that you will ask your self when you are a Professional Architect, and this course (Professional
Practice) will be a guide in discussing the legalities and real world implications of our profession.

the image above shows some of the Architect's scope of work, Plans, Aesthetics, Structural Concept, Site development, Interior design
and utilities, but aside from these Architects MUST ALWAYS follow the laws pertinent in designing a building.

 BUT WHY?  Aren't architects free to Design what ever they envision?

Yes we architects are free to design what we envision, BUT we must always abide by the laws governing our practice, why? Because
of these reasons : 

 This is the relevance of taking up this course, to make you future architects aware of the "real-Life" implications of our profession. 

 Design Standards and Codes protect the users of our buildings and structures
 Design standards and Codes are also guidelines that are tailor-made to the users comfort 
 Laws are used to control the fair practice of our profession
 Regulations to our profession are safety measures to make sure that Architects are well equipped in practicing the
profession
Summary/ conclusion:

 Professional practice course is a gateway to the environment in which Architects practice their profession 
 These topics a re relevant to my growth as a FUTURE ARCHITECT

1.3 An Overview of the Architectural Profession

TOPIC 02: AN OVERVIEW OF THE ARCHITECTURE PROFESSION 

   PHILIPPINE REGULATORY BOARD OF ARCHITECTURE

 The 2006 – 2012 Professional Regulatory Board of Architecture (PRBoA), which started with its
first member on 3 November 2006, was fully reconstituted as of 30 March 2007 in full compliance
with Republic Act No. 9266 (The Architecture Act of 2004).
 The PRBoA is one of 46 Professional Regulatory Boards (PRBs) under the Professional regulation
commission (PRC) 
 The PRBoA as an entity is under the administrative control and supervision of the PRC
 Regulates the practice of architecture with PR
 active in the areas of executive action relating to the implementation and enforcement of Republic
Act No. 9266 (otherwise known as the PH “Architecture Act of 2004″)
 regulates the practice of foreign architects (FA)
 administers the Licensure Examination for Architects (LEA)

   VALID & SUBSISTING PHILIPPINE LAWS ON:    

PHYSICAL PLANNING AND LAND DEVELOPMENT


(Master Development Planning, Subdivision Planning, Site Planning, etc.)
* P.D. = Presidential Decree, B.P. = Batas Pambansa, R.A. Republic Act, IRR = Implementing Rules and Regulations

  PROJECT PHASES:  

There are 3  basic phases or stages in a Design project:

Design (Preparation) -----> Construction (Implementation) -----> Post Construction

and each phase has also laws that govern/guide them

 Preparation of ARCHITECTURAL Plans and Designs


(Space/Architectural Plans, Sections, Elevations, Ceiling and Roof Plans, Architectural Interiors)

(The 1977 National Building Code of the Philippines/ Revised IRR   NBCP)

 E
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e
c
u
ti
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n
/

Implementation (CONSTRUCTION) of SUBDIVISION or BUILDING Plans/ Designs

 POST-CONSTRUCTION Activities Relative to SUBDIVISION or BUILDING Projects


 Valid & Subsisting Philippine Laws on ALL PHASES OR STAGES OF ACTIVITY Relative to Any SUBDIVISION or
BUILDING Project

- The Revised Penal Code (Act 3815) & its IRR;


- The New Civil Code (RA 386) and its IRR;
- Tax Laws;
- R.A. No. 7160 (The Local Government Code of 1991);
- The Various Environmental Laws;
- R.A. No. 8981 (The PRC Modernization Act of 2000 & its IRR;
- the Pertinent Professional Regulatory Laws/ PRLs 
  (such as R.A. No. 9266 and its 2004 IRR)
- the applicable LGU Ordinances

1.4 R.A. 8981 PRC Modernization Act

TOPIC 03: R.A. 8981 PRC MODERNIZATION ACT

   PROFESSIONAL REGULATION COMMISSION   

R.A. 8981: PRC Modernization Act

In fulfillment of its legal mandate, the PRC performs two important functions, which are:

 1) to conduct and administer licensure examinations to aspiring professionals, and

2) to  regulate and supervise the practice of the professions exercised in partnership with the forty-three
(43) Professional Regulatory Boards (PRBs) in the fields of health, business, education, social sciences,
engineering and technology. 

 Professional Regulation Commission: A three-person commission to be known as the


Professional Regulation Commission shall be attached to the Office of the President for general
direction and Coordination.
 The PRC Composition The commission shall be headed by one

(1) full-time chairperson 

(2) full-time commissioners, all to be appointed by the President for a term of seven (7) years without reappointment to start from the
time they assume office. 

 Powers and Functions of the Commission (but not limited to)

 To administer, implement and enforce the regulatory policies of the national government 
 To perform any and all acts, enter into contracts, make such rules and regulations, and issue such orders and other
administrative issuances, as may be necessary, in the execution and implementation of its functions and the improvement of
its services;
 To review, revise, and approve resolutions, embodying policies promulgated by the Professional Regulatory Boards 
 To administer and conduct the licensure examinations of the various regulatory boards 
 adopt measures to preserve the integrity and inviolability of licensure examinations;
 publish the list of successful examinees; provide schools, colleges, and universities, public and private, offering courses for
licensure examinations, 
 and impose the penalty of suspension or prohibition from taking licensure examinations to any examinee charged and found
guilty of violating the rules and regulations 
 Issue certificates of registration/professional license, 

Summary

 the Professional Regulation Commission regulates the practice of all professionals in the country
 They administer the admission of board passers as legitimate practitioners of the profession 
1.5 R.A. 386: Civil Code of the Philippines

TOPIC 04: R.A. 386 CIVIL CODE OF THE PHILIPPINES

  R.A. 386: THE CIVIL CODE OF THE PHILIPPINES


REPUBLIC ACT NO. 386: AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES 

Civil code of the Philippines is the basic law governing persons and family relations, property and property rights, ownership of
modifications, the modes of acquiring ownership, and the obligations and contracts

samples of the articles in this Document that are related to our practice, but not limited to: 

 Article 1713. - By the contract for a piece of work the contractor binds himself to execute a piece of work for the
employer, in consideration of a certain price or compensation. The contractor may either employ only his labor or skill, or
also furnish the material. (1588a) (pertains to the contract that is agreed upon by the architect/contractor and the
proprietor) 

 Article 1714. - If the contractor agrees to produce the work from material furnished by him, he shall deliver the thing
produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles
as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a
contract of sale. (n) (pertains to the quality of work that is agreed upon by the architect/contractor and the
proprietor) 

But the article that Architects need to be aware is this Article 1723

Article 1723.  The engineer or architect who drew up the plans and specifications for a building is liable for damages if within
fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications,
or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on
account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of
the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor.

Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect mentioned in
the preceding paragraph.

The action must be brought within ten years following the collapse of the building. (n)

 What does this Article mean?

this article states that if a structure collapses due to errors to the design of the plans and specifications of the design, The architect /
Engineer accounted for the design of the project, shall be liable to those damages. 

HOWEVER, if the damages were caused by defects on the construction, the contractor is liable. If there is an architect/engineer that
supervises the construction, the supervisor is also liable along with the contractor. 

Summary

 R.A. 386 is the basic law governing persons and family relations, property and property rights, ownership of modifications,
the modes of acquiring ownership, and the obligations and contracts
 Article 1723 is important when practicing our profession, its states that Architects are liable

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