Republic of the Philippines
The Professional Regulatory Board of Architecture (PRBoA)
A Layman’s Evolving Model of the Hierarchy of Laws
(State Policies) and Rules and Regulations Affecting the Distinct
Practice of the State-regulated Profession of Architecture
State-Ratified
International
Agreements
and Treaties
(with the effect
of Law) e.g.
General Agree-
ment on Trade in
Services (GATS)
Jurisprudence
(Supreme Court
Issuances such as
Final and Executory
Decisions and
Resolutions that
Have the Overall
Effect of Changing
the Law)
Lower Court
Orders and
Decisions (that
somehow have the
Effect of Amending (or
Delaying) the Proper
(and/ or Timely)
Implementation and
Enforcement of the
Law through the IRRs
and lower regulations
promulgated by
Executive Offices);
however, such Lower
Court Issuances DO
NOT have the power to
change the Law itself
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The Philippine-Registered and Licensed Architect (RLA) and the Current Law Regimes page 1 of 3
URL: www.architectureboard.ph
Attachment A.
in the Republic of the Philippines (PH) as of October 2010
The Fundamental LAW of the Land:
The 1987 Constitution of the
Republic of the Philippines
1. Considered as General LAWS:
P.D. No. 1096 (The 1977 National Building Code of the Philippines);
R.A. No. 7160 (The Local Government Code of 1991);
R.A. No. 8293 (The Intellectual Property Code of 1997);
R.A. No. 9184 (The Government Procurement Reform Act of 2003);
R.A. No. 8981 (The Professional Regulation Commission
Modernization Act of 2000);
R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004);
The New Civil Code;
The Revised Penal Code;
The Water and Sanitation Codes; and
The Various Environmental Laws.
2. Considered as Special LAWS:
R.A. No. 9266 (The Architecture Act of 2004, repealing
R.A. No. 545 of 1950, amended by R.A. No. 1581 of 1956); Executive
R.A. No. 544 (The Civil Engineering law of 1950, amended by R.A. Orders (EOs),
No. 1582 of 1956); Administrative
R.A. No. 9514 (The 2008 Fire Code of the Philippines); and Orders (AOs)
and Department
B.P. No. 344 (The 1983 Law on Access for the Disabled).
Administrative
Orders (DAOs)
are other forms of
Executive
Issuances that
are also NOT laws
1. Implementing Rules and Regulations/ IRRs (which but are still tools
are only Executive Issuances Used to Implement and Enforce to facilitate the
the General Laws, but are NOT by themselves regarded as laws): implementation
2004 Revised IRR of P.D. No. 1096 (promulgated by the DPWH); and enforcement
IRR of R.A. No. 7160 (promulgated by the DILG); of the law)
IRR of R.A. No. 8293 (promulgated by the DTI);
IRR of R.A. No. 9184 (promulgated by the Government Procurement
Policy Board/ GPPB led by the DBM);
IRR of R.A. No. 8981 (promulgated by the PRC, now under DoLE);
IRR of R.A. No. 9285 (promulgated by the Supreme Court); and
IRRs of The Various Environmental Laws (promulgated by the DENR).
2. IRRs of Special LAWS
(also mere Executive Issuances that are NOT laws but are Important Note:
After more than 50
the actual executive tools to implement and enforce the law): years of existence,
IRR of R.A. No. 9266 (promulgated by the PRBoA, R.A. No. 544 (The
after due approval by the PRC, now under DoLE); Civil Engineering
law) still does NOT
IRR of R.A. No. 9514 (promulgated by the DILG); and have a codified IRR.
IRR of B.P. No. 344.
Important Note:
Guidelines and
Guidelines and Standards (based on IRRs) Standards, as well
P.D. No. 1096 Guidelines and DPWH Memoranda Circulars (MCs); as Manuals of
Various PRBoA Resolutions interpreting R.A. No. 9266 & its IRR; Procedure (MOPs)
Standard of Professional Practice (SPP) for Architects may be left to Self-
Regulation by the
Private Sector
Manual/s of Procedure (MoP)
 Republic of the Philippines
The Professional Regulatory Board of Architecture (PRBoA) URL: www.architectureboard.ph
Attachment B.
Matrix Showing the Status of Key Laws
(State Policies) and Rules and Regulations Presently Affecting the
Distinct Practice of the State-regulated Profession of Architecture
in the Republic of the Philippines (PH) as of October 2010

A. The LAW and B. IRR C. Important D. Short History/ C. Status as of

Effectivity Date/ Provisions/ Non- Comment end-Oct 2010
Year Provisions
1. General
Laws
a) P.D. No. 1096 2004 P.D. No. 1096 Sec. On the basis of the There is
(The 1977 National Revised IRR 302 NEVER stated intercalated text of apparently NO
Building Code of of P.D. No. that civil engineers Sec. 302 of P.D. No.
1096 1096, purporting that
TRO and no
the Philippines), can sign and seal injunction against
(promulgated civil engineers (CEs)
1977 architectural
by the DPWH can sign and seal Secs. 302.3 and
n Oct 2004, documents; the Sec. architectural
302.3 and 302.4 of
302.4 of the 2004
published documents, the CEs Revised IRR of
thrice in April the 2004 Revised managed to secure a
2005 & IRR clearly LIMIT to May 2005 preliminary
P.D. No. 1096
effective 01 Architects the signing injunction on Secs. which clearly LIMIT
May 2005) and sealing of 302.3 and 302.4 of to Architects the
architectural the 2004 Revised signing and sealing
documents, in full IRR of P.D. No. 1096; of architectural
harmonization and the said 2005 documents; the May
preliminary injunction 2005 preliminary
compliance with the
was already lifted/ injunction on the said
dictate of law dissolved by the
(specifically, with the provisions was
Court in early 2008
multiple provisions already lifted/
under R.A. No. 9266) dissolved by the
Court in early 2008
b) R.A. No. 7160 Municipal/ City Since the planning Sec. 35 of R.A. No.
(The Local Engineers (a position and design of 9266 (The
Government Code under the DILG) are buildings and their Architecture Act of
of 1991), c. late only to assume the environs is an 2004, a later and
expertise of the
1991 post of Building special law), which
Architects (as
Official (a position compared to CEs mandates that all
under the DPWH) who are tasked to existing and
only in an Acting design the structure proposed
capacity that supports the Government
building), the positions requiring
Architects (who are the services of
properly qualified by Philippine-Registered
their academic and and Licensed
sub-professional Architects (RLAs) be
training,licensure
filled only by such
examination and
continuing Architects, amends
professional or repeals the
education) must be pertinent R.A. No.
appointed to all 7160 provisions;
Government Sec. 35 of R.A. No.
positions requiring 9266 has been in full
dedicated work for effect since 10 April
buildings 2007 (3.5 years).
c) R.A. No. 8981 Jurisdiction over Since October 2009, the
(The Professional all State-regulated DPWH has acquiesced to
professions rest solely various official
Regulation representations that inter-
Commission with the PRC and its
professional differences
Professional Regulatory
Modernization Act be resolved at the PRC,
Boards (PRBs) such as not at the DPWH; the
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The Philippine-Registered and Licensed Architect (RLA) and the Current Law Regimes page 2 of 3
 Republic of the Philippines
The Professional Regulatory Board of Architecture (PRBoA) URL: www.architectureboard.ph
of 2000), c. 2000 the PRBoA PRC has been tasked to
prepare the Profession
Harmonization Matrix for
Buildings
2. Special
Laws
a) R.A. No. 2004 IRR of Multiple provisions Since the There is
R.A. No. under R.A. No. 9266 passage of R.A. apparently NO
9266 (The 9266 clearly LIMIT to
Architecture Act No. 9266 in TRO, no
(promulgated Philippine-Registered
of 2004, by the PRBoA March 2004 and injunction and no
and Licensed of the effectivity constitut-ional
repealing R.A. after the
requisite PRC Architects (RLAs) the
No. 545 of 1950, of its IRR in late question before
review and professional
amended by R.A. approvals c. privilege of 2004 up to end- ANY Philippine
No. 1581 of July 2004, preparing, signing Octo-ber 2010, Court against
published in there has ANY of the
1956), 10 April the Official
and sealing of ALL
2004 Gazette in architectural apparently been provisions of R.A.
November documents for ALL NO legal No. 9266 or its
2004 and buildings on challenge filed IRR or of any
effective mid- Philippine soil; Sec.
December before ANY known issuance
2004) 35 of R.A. No. 9266 Philippine Court by the PRBoA;
also mandate that all against ANY of since 2009, the
existing and the provisions of PRBoA has
proposed Govern-
R.A. No. 9266 or already sued
ment positions
requiring the its IRR or of any public and private
services of known issuance entities in its
Philippine-Registered by the PRBoA drive to fully
and Licensed implement and
Architects (RLAs) be enforce the law
filled only by such
Architects (effective
10 April 2007)
b) R.A. No. 544 No codified R.A. No. 544 NEVER With R.A. No. 544 (The R.A. No. 544 (The
(The Civil IRR from stated that civil CE law)’s lack of a
codified IRR, the CE are CE law) still has
Engineering law of 1950 up to engineers (CEs) can unable to lawfully define
2010 (60 NO codified IRR
1950, amended by prepare, sign or seal the very basic terms from 1950 up to
years),
R.A. No. 1582 of architectural “buildings”, “building
begging the
plans”, “building plans end-October 2010
1956), 1950 question as to documents; the law
(or for more than
how it is also prescribes the and specifications”; the
last concerted attempt
lawfully separation of the 60 years)
to amend/ repeal the
implemented professional CE law (which
by the
responsibilities and apparently intended to
Government co-opt or assimilate
(or is everyone/ civil liabilities of CEs
major parts of the
every civil and Architects separate profession of
engineer just
Architecture) was
allowed to
defeated by the
interpret its
Architects in Congress
provisions
in early 2005.
based on
whim)?

c) R.A. No. 9514 2009 IRR of The law requires that Over the period Sometime after
(The 2008 Fire R.A. No. the Fire Safety and January through assuming office in
Code of the 9514 Life Assessment June 2010, many July 2010, DILG
Philippines), 2009 (promulgated in Report (FALAR) for Secretary Jesse
mid-2009 by Architects have
buildings shall be the Robredo apparently
the DILG Fire already trained
Protection responsibility of suspended the
Architects and/or
hard for their
Bureau (FPB)
mandated role in FALAR
and taking their duly-qualified requirement, a key
effect c. fire/ safety FALAR safety requirement
October 2009) preparation
consultants for buildings.
Nothing follows.
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