Professional Documents
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Uap Is The Iapoa
Uap Is The Iapoa
This presentation as prepared by the Co!!ission on Professional Practice under Ar. Peach
"uenca!ino# uap# so that UAP !e!bers ill be enlightened on ho UAP beca!e the IAPOA and hy
the UAP !e!bership certificate is being re$uired by the PRC in the reneal of PRC I%s.
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Is the payment of annual dues a necessary consequence of membership in the organization (UAP)
as per RA 92 and its IRR!
The pay!ent of dues is a necessary conse$uence of !e!bership in UAP. &ection ' of the Architecture
Act of '# (RA *++) e,pressly pro-ides for such pay!ent# thus
/&ection '. Integration of the Architecture Profession 0 The Architecture profession shall be integrated
into one (1) national organization hich shall be accredited by the "oard# sub2ect to the appro-al by the
Co!!ission# as the integrated and accredited professional organization of architects Pro-ided# hoe-er#
That such an organization shall be registered ith the &ecurities and 3,change Co!!ission# as a non4
profit# non4stoc5 corporation to be go-erned by by4las pro-iding for a de!ocratic election of its officials.
An architect duly registered ith the "oard shall auto!atically beco!e a !e!ber of the integrated and
accredited professional organization of architects and shall recei-e the benefits and pri-ileges pro-ided
for in this Act upon pay!ent of the re$uired fees and dues. 6e!bership in the integrated and accredited
professional organization of architects shall not be a bar to !e!bership in other associations of
architects.7 (Underscoring supplied)
It is arguable that UAP !ay -alidly re$uire !e!bership in a local chapter if it is pro-ided in UAP8s by4las
and it is not unduly unreasonable or oppressi-e.
&ection ' of RA *++ pro-ides that 7(a)n architect duly registered ith the "oard
shallautomatically beco!e !e!ber of the integrated and accredited professional organization of
architects and shall recei-e the benefits and pri-ileges pro-ided for in this Act upon pay!ent of the
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According to UAP8s "y4:as# the organizational set4up adopted by UAP in-ol-es a national organization
ith local chapters (Article III). The "y4:as also re$uire a !e!ber to be a !e!ber of a Chapter 73-ery
Regular 6e!ber shall be a !e!ber of a Chapter of his choice# hether on the basis of residence# place
of or5 or place rele-ant to his practice# or for other reasons# here applicable.7 (Article II# &ection ;.<).
This set4up is reasonable# as it is intended for a -alid ob2ecti-e or purpose 7A Chapter of the UAP is
created for the purpose of pro!oting !a,i!u! participation of all !e!bers in UAP affairs and ad-ancing
the ob2ecti-es of the organization.7 (Article III# &ection 1).
It can be added that the re$uire!ent of Chapter !e!bership is not an unreasonable one and is not
necessarily inconsistent ith the concept of 7auto!atic !e!bership7 under &ection ' of RA =o. *++#
considering that a UAP Chapter is not actually an entity separate or independent fro! UAP. The Chapters
are still part of the UAP> they are !erely organizational units of UAP created to help achie-e UAP8s
purposes as an organization.
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Is there "alidity on the PR#oA resolution requiring the presentation of the official receipt of
payment of membership fee$ certification of payment thereof or certificate of good standing$ as a
requirement for the issuance of the certificate of registration and%or issuance of professional
identification card or rene&al thereof!
'an the PR#oA impose the requirement that an architect must first pay his membership fees and
dues to his accredited professional organization (UAP) and present an official receipt for such
payment or a 'ertificate of ood tanding or a 'ertificate of *embership from UAP (&hich
presupposes payment of membership dues and fees) before the PR' can register him as a
professional and issue a 'ertificate of Registration%+icense and Professional Identification 'ard
or rene&al thereof!
,ill this PR#oA imposed requirement not "iolate the pro"ision of RA -o. /9/0 and the
fundamental freedom of choice guaranteed to any indi"idual by the 'onstitution!
The e,tent of authority of the PR"oA relies -is4a-is the poer of the PRC 7to register or license an
otherise $ualified professional or issue or rene his Professional I% card#7 under &ection ? of RA =o.
@*@1.
RA =o. *++ pro-ides for auto!atic !e!bership of the architect in the integrated and accredited
professional organization. The la also pro-ides for certain conditions# such as registration and pay!ent
of re$uired fees for one to beco!e a !e!ber of the integrated and accredited professional organization
(UAP). or hich reason# there appears to be no conflict should the PR"oA ould re$uire presentation of
official receipt as e-idence of pay!ent of fees and dues.
Citing the &upre!e Court ruling in the case of In the !atter of the I"P !e!bership %ues %elin$uency of
Atty. 6.A. 3,,,,,,, (11 &CRA +1)
xxx (M)ay we state, at this point, that in the case involving the same issue of payment of membership
dues, the Supreme Court ruled that "what must ever be borne in mind is that membership in the bar, to
follow Cardozo is a privilege burdened with conditions !ailure to abide by any of them entails the loss of
such privilege if the gravity thereof warrants such drastic move" ere, it shows that #ust li$e any other
practice of professions, payment of %&' membership dues is a condition that is stressed by the court
In statutory construction# nothing is !ore basic than rule that hen the language of the la is clear and
une$ui-ocal# the la !ust be ta5en to !ean e,actly hat it says. The la !ust be interpreted literally and
gi-en effect as that literal !eaning thereof is conclusi-ely presu!ed to be the !eaning that the
:egislature intended. Until such ti!e that the la on the !atter is a!ended andBor repealed# there e,ist
the duty to i!ple!ent the sa!e.
6oreo-er# as regards the poer of the PR"oA that adopted said resolution# the rule is settled that the
Congress !ay -alidly delegate to ad!inistrati-e agencies# hich ought to 5no the la# the authority to
pro!ulgate rules and regulations to i!ple!ent a gi-en legislation and effectuate its policies after due
deliberation. &aid rules and regulations pro!ulgated in pursuance of an authority conferred by la
parta5e of the nature of a statute since they !ay be said to be the product of a delegated poer to create
ne or additional legal pro-isions that ha-e the force and effect of la.
In adoptingBissuing the said PR"oA Resolution# the "oard !erely e,ercised their authority to pro-ide
certain conditions and regulations to gi-e effect to the las hich they see5 to i!ple!ent. or hile the
rule4!a5ing poer of the "oards cannot be e,tended to a!ending or e,panding the statutory re$uire!ent
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or to e!brace !atters not co-ered by the statute# they are not# hoe-er# precluded fro! -alidly pro-iding
regulations necessary to effecti-ely and efficiently i!ple!ent their respecti-e las# sub2ect only to the
conditions that the rules are ger!ane to the ob2ects and purposes of the la# confor! to the standards
that the la prescribes# and !ust relate solely to carrying into effect the general pro-isions of the la.
There is no shoing that in passing the Resolution# the PR"oA e,ceeded the li!its of their poer# !uch
less failed to !eet the aforesaid conditions.
Thus# unless and until the pro-isions e!poering the "oard to i!pose certain conditions are repealed or
otherise re!o-ed fro! the la (RA *++)# there is no reason to say that the PR"oa Resolution re$uiring
presentation of the official receipt of pay!ent of !e!bership fee# certification of pay!ent thereof or
certificate of good standing# as a re$uire!ent for the issuance of the certificate of registration andBor
issuance of professional identification card or reneal thereof is not -alid.
The hu!ble beginnings of the United Architects of the Philippines predates long before the
establish!ent of bonafide professions in the Philippines. The first 5non organization of
architects together ith allied professionals is the Acade!ia de Ar$uitectura y Agri!ensura
de ilipinos (AAA) founded in 1' &epte!ber 1*. After a year# in 1*<# AAA changed
its na!e to Acade!ia de Inginieria# Ar$uitectura y Agri!ensura de ilipinas (AIAA).
In 1*11# AIAA as dissol-ed that created a separate professional organization only for the
architects. And in 1*1# the Philippine =ational Asse!bly Act =o. *@; as passed#
ratifying the la for the practice of the profession of architecture ith its uni$ue function and
separate identity fro! the profession of engineering.
In 1? une 1*;# by -irtue of Republic Act ;'; /an Act to Regulate the Practice of
Architecture in the PhilippinesD# the professional practice of architects in the Philippines as
established. %uring 1*<Es to 1*;Es# there ere !any architectural associations that ha-e
sur-i-ed through 1*?Es4 the Association of Philippine Fo-ern!ent Architects (APFA)#
:eague of Philippine Architects (:PA) and the Philippine Institute of Architects (PIA).
In une 1*?<# then President erdinand 3. 6arcos issued Presidential %ecree <# creating
Professional Regulation Co!!ission (PRC) regulating all professions in the Philippines. In
%ece!ber 1# 1*?'# the United Architects of the Philippines (UAP) as founded ith the
ob2ecti-e of unifying the three e,isting architectural associations4 APFA# :PA and PIA. The
nely integrated organization of architects as co!posed of !e!bers of the three
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architectural associations ho auto!atically beca!e its first !e!bers. %uring UAPEs first
year of e,istence# ? !e!bers ere officially registered for UAPEs acti-e !e!bership.
UAP as officially registered ith the &ecurities and 3,change Co!!ission (&3C) on +
6arch 1*?; and in 1 6ay 1*?;# the PRC granted its Certificate =o. 1 to UAP as the
first and duly accredited professional organization of the architects in the Philippines.
Through the years# UAP has pro-en to be a catalyst of change on the professional practice
of architects in the Philippines and pro-iding ell4rounded ser-ice to its architectural
co!!unity. UAP has recei-ed nu!erous accolades and professional aards for e,cellence
by PRC in # ?# @ and 11 as the 6ost Outstanding Accredited Professional
Organization (APO) of the Gear. UAP is the first and only APO to in the aard four ti!es
in the PRCEs aard history.
UAP as also instru!ental in the passing of Republic Act *++ The ArchitectsE :a of '
in + April '. Hhile in une '# PRC through its "oard of Architecture# accredited
UAP as the Integrated and Accredited Professional Organization of Architects (IAPOA). It
ai!s to e$uip ilipino architects ith !ore definiti-e rights# benefits and distinction a!ong
other professionals in the construction industry.
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