The United Architects of the Philippines through its National President, Arch. Ramon S. Mendoza,  fuap submitted to the Senate Committee on Civil Service and Government Reorganization on its position on Senate Bill No. 2270 which seeks to amend the Civil Engineering Law.

"The United Architects of the Philippines (UAP), the Integrated and Accredited Professional Organization of Architects (IAPOA) which is composed of more than 28,000 registered and licensed architects, hereby submits our position on  the Senate Bill (SB) No, 2770 which is a resurrection of the Civil Engineering Law that has been decided and resolved on January 2005 at the House of Representatives (13th Congress). The new bill declares the scope of practice of Civil Engineers (CE) with vague and general words/terminologies such as PLANS and BUILDINGS which are already well articulated on different Professional Regulatory Laws (PRLs). The use of such general words/terminologies may result to confusion and cross-boarding of Civil Engineers to the practice of other building professionals already protected by law to perform respective functions pertaining to planning and design of buildings", according to the position paper.

While UAP recognizes the laudable intention behind Senate Bill No. 2270, UAP has serious concerns that this Bill, as presently worded, may cloud the delineation between the practice of architecture and the practice of civil engineering, because the said Bill does not expressly exclude architectural documents and plans from those which could be prepared and signed by civil engineers.  As will be discussed below, Congress itself has created a clear distinction between the architecture and civil engineering professions, when it enacted Republic Act No. 9266 or the “Architecture Act of 2004.”  The said law sets forth the scope of the practice of architecture, and the activities that can only be performed by licensed architects, including the preparation and signing of architectural documents and plans.  It will be unfortunate if this clear distinction would be eroded, for this would undo or defeat the very intent and purpose of the Architecture Act of 2004."

The Position Paper

August 9, 2011

Dear Senator Trillanes:

Good day and our warmest greetings to the Committee on Civil Service and Government Reorganization.

This pertains to your letter dated 03 August 2011 re: The Conduct of Public Hearing on SBN 2109 entitled “An Act Further Amending R.A. No. 544 as amended or the Civil Engineering Law” (introduced by Senator Escudero) and SBN 2770 entitled “An Act Professionalizing the Practice of Civil Engineering in the Philippines, Repealing for this Purpose R.A. No. 544 as amended, and for Other  Purposes” (introduced by Senator Lacson).

The United Architects of the Philippines (UAP), the Integrated and Accredited Professional Organization of Architects (IAPOA) which is composed of more than 28,000 registered and licensed architects, hereby submits our position on  the Senate Bill (SB) No, 2770 which is a resurrection of the Civil Engineering Law that has been decided and resolved on January 2005 at the House of Representatives (13th Congress). The new bill declares the scope of practice of Civil Engineers (CE) with vague and general words/terminologies such as PLANS and BUILDINGS which are already well articulated on different Professional Regulatory Laws (PRLs). The use of such general words/terminologies may result to confusion and cross-boarding of Civil Engineers to the practice of other building professionals already protected by law to perform respective functions pertaining to planning and design of buildings.

While it is imperative for each profession to face new challenges dealing with socio-economic and environmental issues, this should not be a ground for encroaching on the practice of other professionals that have already been well established in their respective PRLs.

As the new bills greatly affect the practice of different allied professions and more particularly the practice of Architecture, the UAP would like to participate officially in future committee hearings and Tehnical Working Group (TWG) meetings on SB Nos. 2770 and 2109.

In view hereof, we hereby submit our position on SBN 2770, particularly with respect to the followingprovisions:

1.0 On Article 1 Section 2 (d):

(d) Scope of the practice of civil engineering encompasses the provision of professional services in connection with services of civil engineering structures and facilities and may include, but are not limited to;

(1) Technical, economic and financial feasibility studies, project promotional services, planning and designing;

(2)  Pre-design services such as, but not limited to, consultation, consultancy, giving written advice and directions, evaluations, surveys, investigations, quantity surveys, appraisals and adjustments, environmental impact assessment and studies, schematic design, and design development;

(3)  Preparation, signing, sealing of plans, specifications, calculations, bill of materials, cost estimates, tender documents, invitation for bids/proposals, instructions to bidders/offerers, general conditions, special conditions, and contract documents;

(4) Construction and project management, giving general management, administration, supervision, coordination and responsible direction of the planning, designing, construction, reconstruction,erection,alteration, conversion, enlargement or demolition, renovation of civil engineering structures and facilities, including all their components, sites and environs, intended for private or public use;

(5) Planning, lay-outing and utilization of spaces within and surrounding such civil engineering structures and facilities including their sites,interiors,spaces,utilities systems, equipment, and fixtures;

(6) Programming, administration, construction arbitration, conservation and restoration;

(7) All works which relate to the scientific and orderly coordination of all works and branches of the work, systems and processes necessary for the production of complete civil engineering structures and facilities, whether for public or private use, in order to enhance and safeguard life,health and property and the promotion and enrichment of the quality of life; and

(8) All other works, projects and activities which require the professional competence of a civil engineer, including teaching of professional civil engineering subjects and civil engineering computer-aided design and computer-aided mapping.

The above provisions may be construed as inclusive of the scope of work of other professions such as Mechanical, Electrical, and Sanitary Engineering, and in particular, the Architecture profession.  Relative to this, the position of the UAP is that the provisions of the law should be confined within the limits of  the scope of work of Civil and Structural Engineering , i.e.:

(1)   Technical, economic and financial feasibility studies, CIVIL and STRUCTURAL ENGINEERING project promotional services, planning and designing;

(2) CIVIL and STRUCTURAL ENGINEERING Pre-design services such as, but not limited to, consultation, consultancy, giving written advice and directions, evaluations, surveys, investigations, quantity surveys, appraisals and adjustments, environmental impact assessment and studies, schematic design, and design development;

(3)   Preparation, signing, sealing of CIVIL and STRUCTURAL ENGINEERING plans, specifications, calculations, bill of materials, cost estimates, tender documents, invitation for bids/proposals, instructions to bidders/offerers, general conditions, special conditions, and contract documents;

(4) Construction and project management, giving general management, administration, supervision, coordination and responsible direction of the CIVIL and STRUCTURAL ENGINEERING planning, designing, construction, reconstruction,erection,alteration, conversion, enlargement or demolition, renovation of civil engineering structures and facilities, including all their components, sites and environs, intended for private or public use;

(5) Planning, lay-outing and utilization of spaces within and surrounding such civil engineering structures and facilities including their sites,interiors,spaces,utilities systems, equipment, and fixtures;

6) CIVIL and STRUCTURAL ENGINEERING Programming, administration, construction arbitration, conservation and restoration;

(7) All CIVIL and STRUCTURAL ENGINEERINGworks which relate to the scientific and orderly coordination of all works and branches of the work, systems and processes necessary for the production of complete civil engineering structures and facilities, whether for public or private use, in order to enhance and safeguard life,health and property and the promotion and enrichment of the quality of life; and

(8) All other CIVIL and STRUCTURAL ENGINEERINGworks, projects and activities which require the professional competence of a civil engineer, including teaching of professional civil engineering subjects and civil engineering computer-aided design and computer-aided mapping.

2.0 Insertion after Article 1 Section 2 (g) :

The term CIVIL and STRUCTURAL ENGINEERING is used in this Act as a qualifier to mean acts, services, scopes of work, drawings, documents, practices and the like that do not form part of Architecture and other state-regulated allied professions as defined by law.

The UAP recommends the insertion of the above provision as Article 1 Section 2 (h).

3.0 On Article 1 Section 2 (l):

(1) "Civil Engineer Prime Professional" is the Civil Engineer registered under this Act, and qualified under the implementing rules and regulations hereof, who is responsible for the overall integration, coordination, and successful conduct of all of the processes who is engaged in the project from inception to completion.

The Architect is the Lead Professional in any building design and construction project, from inception, conceptualization, site selection and analysis, architectural design development, up to construction supervision and turn-over of the project. The significant role of the Civil and Structural Engineers, and other engineers for that matter, commences at a stage after the architectural development phase; and therefore the Civil and Structural Engineers cannot qualify as prime professional.

The UAP therefore recommends that Article 1 Section 2 (l) be deleted.

We pray that our position be given the favorable consideration it deserves.  Thank you for the invitation and for giving us the opportunity to share our views regarding this matter.

Very truly yours,

SUPPLEMENTAL POSITION PAPER

Senate Bill No. 2270

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The United Architects of the Philippines (UAP) wishes to thank the Senate Committee on Civil Service and Government Reorganization for this opportunity to submit its position on Senate Bill No. 2270 which seeks to amend the Civil Engineering Law.

While UAP recognizes the laudable intention behind Senate Bill No. 2270, UAP has serious concerns that this Bill, as presently worded, may cloud the delineation between the practice of architecture and the practice of civil engineering, because the said Bill does not expressly exclude architectural documents and plans from those which could be prepared and signed by civil engineers.  As will be discussed below, Congress itself has created a clear distinction between the architecture and civil engineering professions, when it enacted Republic Act No. 9266 or the “Architecture Act of 2004.”  The said law sets forth the scope of the practice of architecture, and the activities that can only be performed by licensed architects, including the preparation and signing of architectural documents and plans.  It will be unfortunate if this clear distinction would be eroded, for this would undo or defeat the very intent and purpose of the Architecture Act of 2004.

The Architecture Act of 2004 defines the practice of architecture as follows:

“SECTION 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 planning, designing and constructing buildings in their totality 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 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;

x x x

(3) ‘General Practice of Architecture’ means the act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them;

(4) ‘Scope of the Practice of Architecture’ encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. Services may include, but are not limited to:

(a) planning, architectural designing and structural conceptualization;

(b) consultation, consultancy, giving oral or written advice and directions, conferences, evaluations, investigations, quality surveys, appraisals and adjustments, architectural and operational planning, site analysis and other pre-design services;

(c) schematic design, design development, contract documents and construction phases including professional consultancies;

(d) preparation of preliminary, technical, economic and financial feasibility studies of plans, models and project promotional services;

(e) preparation of architectural plans, specifications, bill of materials, cost estimates, general conditions and bidding documents;

(f) construction and project management, giving general management, administration, supervision, coordination and responsible direction or the planning, architectural designing, construction, reconstruction, erection, enlargement or demolition, renovation, repair, orderly removal, remodeling, alteration, preservation or restoration of buildings or structures or complex buildings, including all their components, sites and environs, intended for private or public use;

(g) the planning, architectural lay-outing and utilization of spaces within and surrounding such buildings or structures, housing design and community architecture, architectural interiors and space planning, architectural detailing, architectural lighting, acoustics, architectural lay-outing of mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and fixtures;

(h) building programming, building adminis­tration, construction arbitration and architectural conservation and restoration;

(i) all works which relate to the scientific, aesthetic and orderly coordination of all works and branches of the work, systems and process necessary for the production of a complete building or structure, whether for public or private use, in order to enhance and safeguard life, health and property and the promotion and enrichment of the quality of life, the architectural design of engineering structures or any part thereof; and

(j) all other works, projects and activities which require the professional competence of an architect, including teaching of architectural subjects and architectural computer-aided design;”

The Architecture Act of 2004 also provides that only architects can prepare and sign architectural documents:

“SECTION 20. Seal, Issuance and Use of Seal. - A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant's name, registration number and title ‘Architect’ on all architectural plans, drawings, specifications and all other contract documents prepared by or under his/her direct supervision.

x x x

(2) No officer or employee of this Republic, chartered cities, provinces and municipalities, now or hereafter charged with the enforcement of law, 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 and submitted in full accord with all the provisions of this Act; nor shall any payments be approved by any such officer for any work, the plans and specifications for which have not been so prepared and signed and sealed by the author.

x x x

(5) All architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under this Act together with his/her professional identification card number and the date of its expiration.” (emphasis supplied.)

The Architecture Act of 2004 was purposely enacted to, among others, curtail the practice of civil engineers drafting and signing architectural documents, which are not within their area of competence or expertise. Thus, in the Explanatory Note of House Bill No. 334, filed by Rep. Neptali M. Gonzales II during the Twelfth Congress, the following appears:

“Republic Act No. 545, the law which governs the practice of architecture in the Philippines was enacted more than four decades ago. Many events and developments have occurred since then that now render said law obsolete. The agencies, for example, mentioned in the law have been replaced by other agencies.

Said statute also creates confusion as to the delineation of the profession of Civil Engineering with Architecture. Enacted in June 1950 when there were only 350 architects in the country, R.A. 545 allowed civil engineers to participate in the preparation of plans and specifications of buildings, which is the primary function of an architect. Now that the devastation brought about by the Second World War has been properly addressed, it is but necessary to give unto the architects the performance of a function for which they were specifically trained.” (emphasis supplied.)

House Bill No. 334 was thereafter substituted by House Bill No. 5389 by the House Committee on Civil Service and Professional Regulation.[1] The “Fact Sheet” of said House Bill No. 5389 confirmed that one of the purposes of said proposed legislation was to provide “for a clearer and broader definition of the scope of the practice of Architecture to delineate the profession from civil engineering and other related professions.”

House Bill No. 5389 was eventually passed by the House of Representatives on 28 January 2004, and, along with Senate Bill No. 2710, itself passed by the Senate on 29 January 2004, was signed into law as Republic Act No. 9266 on 17 March 2004.

An examination of House Bill Nos. 334 and 5389 vis-à-vis the Architectural Act of 2004 shows that the provisions in the said House Bills on the following remained unchanged:

(a) the definition and scope of the practice of architecture; and

(b) the exclusive grant to licensed architects of the authority to prepare and sign architectural documents (for purposes of, among others, securing governmental permits and approvals).

Similarly, in the Senate, the Explanatory Notes to the Senate Bills 1290 and 2081 (later to be consolidated into Senate Bill No. 2710, which was passed into law as R.A. No. 9266) show the legislative intent to provide a “clearer definition of terms used in the Act, which includes a more specific definition of the term ‘practice of architecture’” and to “fully recognize that an architect is the master builder and the person professionally responsible for proposed structures intended for human habitation and related activities x x x.” In the sponsorship speech of Sen. Aquilino Pimentel on Senate Bill 2710, it was expressly stated that the amendatory law was intended to protect the architectural profession from practice by other parties and professions:

“Eroding Architects Standing

Developments in recent years witness how the practice of architecture has been appropriated by many entities who are not academically trained or professionally qualified to engage in the practice of the profession. These include other professionals, project managers, contractors/subcontractors, developers, capitalists, investors, foreign practitioners, and local and foreign corporations/firms directly or indirectly involved in land and property development work.

This situation had eroded the local and international professional standing of the Filipino architect and has resulted in the planning, design and construction of buildings by unqualified entities who have no professional responsibility nor civil liability for the erected structures. This has placed the public at great risk considering graphic tragedies resulting from faulty planning or design such as the Cherry Hills Subdivision tragedy sometime ago.

Qualified Architects

It is high time that the Filipino public be assured that only individuals who have been properly educated, qualified and trained will undertake the planning and design of buildings and be held responsible for such acts.

At the time of the enactment of the organic law 53 years ago, there were only about 350 architects in the Philippines. Today, there are about 17,000 registered and licensed architects, representing a 487% increase spread out over a half century.

The urgent need to pass this bill is, therefore, clearly indicated.” (emphasis supplied.)

That the Architecture Act of 2004 restricted to architects the authority to prepare, sign and seal architectural documents and plans is not without basis. Indeed, civil engineers are not academically competent to practice architecture, nor to prepare and certify architectural documents. A typical civil engineering course does not include a single unit of architectural design, planning or drafting. On the other hand, a typical architecture course has ten semesters of mainstream architecture (design, planning, graphics, visual techniques, etc.), and units in building technology and engineering sciences similar to civil engineering. Moreover, in order to qualify for the architectural licensing exam, an architectural degree holder must act as apprentice under a practicing architect for two (2) years.[2] No similar apprenticeship is required of civil engineers.[3]

The Architecture Act of 2004 became the impetus for the issuance of the Revised Implementing Rules and Regulations of the National Building Code (Presidential Decree No. 1096). In particular, Sections 302[3] and [4] of the Revised IRR require that architectural documents submitted in applications for building permits must be prepared, signed and sealed by architects. The validity of these provisions of the Revised IRR was upheld by the Regional Trial Court of Manila in a Decision dated 29 January 2008, in which it found that the officially published text of the National Building Code did not grant civil engineers the right to prepare, sign and seal architectural documents. Moreover, the RTC-Manila found that the assailed provisions of the Revised IRR are consistent with the Architecture Act of 2004, which provides that only duly licensed architects are allowed to practice architecture and to sign, prepare and seal architectural documents, and that any right which civil engineers may have had to sign architectural documents was impliedly repealed by the said law, which was intended to delineate the practice of architecture and the practice of civil engineering.  The said Decision of RTC-Manila is now on appeal with the Court of Appeals.

As may be seen from the foregoing, there is a distinction or delineation between the practice of architecture and the practice of civil engineering.  No less than Congress has mandated this distinction when it enacted the Architecture Act of 2004.  UAP hopes that this distinction will be preserved and that the present Bill be modified for this purpose, to make it clear that architectural documents and plans are excluded from the plans and documents which civil engineers may sign.

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[1] Committee Report No. 922 of the House Committee on Civil Service and Professional Regulation, substituting House Bill No. 5389 for House Bill No. 334.

[2] Section 13(c), Architecture Act of 2004; Section 18(d), R.A. No. 545.

[3] Section 12, R.A. No. 544.