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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266 , its IRR and Derivative Regulations 28 October 2007 Waterfront Hotel Cebu City, Metropolitan Cebu/ Region VII by the PRC Professional Regulatory Board of Architecture (PRBoA) Archt. Armando N. ALLÍ, fuap, aaif Chairman, PRBoA (Presentor) with PRBoA Members Archt. Angeline T. CHUA CHIACO, fuap Archt. Marietta B. SEFGOVIA, uap, aaif PRBoA IAPoA

PRBoA FAST FACTS Relative to the Full Implementation & Enforcement

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PRBoA. IAPoA. PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266 , its IRR and Derivative Regulations 28 October 2007 Waterfront Hotel Cebu City, Metropolitan Cebu/ Region VII by the PRC Professional Regulatory Board of Architecture ( PRBoA ) - PowerPoint PPT Presentation

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Page 1: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoA FAST FACTSRelative to the

Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations

28 October 2007Waterfront HotelCebu City, Metropolitan Cebu/ Region VII

by the PRC Professional Regulatory Board of Architecture (PRBoA)

Archt. Armando N. ALLÍ, fuap, aaif

Chairman, PRBoA

(Presentor)

with PRBoA MembersArcht. Angeline T. CHUA CHIACO, fuap

Archt. Marietta B. SEFGOVIA, uap, aaif

PRBoAIAPoA

Page 2: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

To date, there is To date, there is NONO Temporary Restraining Temporary Restraining Order (TRO), Order (TRO), NONO Writ of Preliminary Writ of Preliminary Injunction (WPI or Injunction) and Injunction (WPI or Injunction) and NONO Constitutionality Question on Constitutionality Question on ANYANY Provision Provision of R.A. No. 9266, (Architecture Act of 2004), its of R.A. No. 9266, (Architecture Act of 2004), its Implementing Rules and Regulations (IRR) Implementing Rules and Regulations (IRR) and Derivative Regulations Issued by the and Derivative Regulations Issued by the PRBoA and the PRC in Support of R.A. No. PRBoA and the PRC in Support of R.A. No. 9266 or the Predecessor Architecture Laws 9266 or the Predecessor Architecture Laws (R.A. Nos. 1581 of 1956 and R.A. No. 545 of 1950)(R.A. Nos. 1581 of 1956 and R.A. No. 545 of 1950)

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 3: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

The Writ of Preliminary Injunction (WPI or The Writ of Preliminary Injunction (WPI or InjunctionInjunction) secured by the PICE on 24 May ) secured by the PICE on 24 May 2005 2005 only covers Sections 302.2 and 302,4only covers Sections 302.2 and 302,4 of of the 2004 Revised Implementing Rules and the 2004 Revised Implementing Rules and Regulations (R-IRR) of the 1977 National Regulations (R-IRR) of the 1977 National Building Code of the Philippines or NBCP Building Code of the Philippines or NBCP (otherwise known as (otherwise known as P.D. No. 1096P.D. No. 1096), ), which are which are MERE LISTS of documentsMERE LISTS of documents to be submitted to the to be submitted to the Office of the Building Official (OBO) as part of an Office of the Building Official (OBO) as part of an application for a building permit.application for a building permit.

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 4: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

The The InjunctionInjunction secured by the PICE on 24 secured by the PICE on 24 May 2005 May 2005 covers only PORTIONS OF A covers only PORTIONS OF A MERE EXECUTIVE ISSUANCE (IRR)MERE EXECUTIVE ISSUANCE (IRR). . It It does NOT apply to R.A. No. 9266, a STATUTE or does NOT apply to R.A. No. 9266, a STATUTE or LAW LAW (of national application).(of national application).

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Laws do not Operate in Isolation but in Full Interaction with Other Laws that are in Place.

Page 5: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoA IAPOAPRBoA IAPOA

THE THE CEs CEs MAY HAVE MAY HAVE MISREPRESENTEDMISREPRESENTED FACT AND FACT AND LAW LAW TO OBTAINTO OBTAIN THE 2005 INJUNCTION. THE 2005 INJUNCTION. THE THE CEsCEs

MUST BE HELD MUST BE HELD ACCOUNTABLE FOR SUCH ACTSACCOUNTABLE FOR SUCH ACTS..

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 6: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoA IAPOAPRBoA IAPOA

NEITHERNEITHER THE 03 MAY 2005 PICE PETITION FOR TRO/ THE 03 MAY 2005 PICE PETITION FOR TRO/ WPI WPI NOR NOR THE 24 MAY 2005 INJUNCTION THE 24 MAY 2005 INJUNCTION MENTIONSMENTIONS R.A. No. 9266. R.A. No. 9266. THE THE INJUNCTIONINJUNCTION DOES DOES NOTNOT APPLY APPLY TO R.A. TO R.A. 9266, ITS IRR NOR TO ITS DERIVATIVE REGULATIONS9266, ITS IRR NOR TO ITS DERIVATIVE REGULATIONS..

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)PRBoA

4. mid-2007 through 2009 Implementation: Maintain a High but Realistic Level of ALE to Assure the Quality of Professionals____________________________________________________________________________________________________________________________________________________________________

The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266 by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, PresentorPRBoA

6a.mid-2007 through mid-2008 Enforcement:PRBoA Liaison with Legal Entities in Government____________________________________________________________________________________________________________________________________________________________________

The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266 by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

Page 7: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

To date, it has been almost To date, it has been almost TWO (2.0) YEARSTWO (2.0) YEARS since the UAP-IAPOA filed a since the UAP-IAPOA filed a MOTION TO MOTION TO LIFT the Writ of Preliminary InjunctionLIFT the Writ of Preliminary Injunction ( (WPI WPI

or Injunctionor Injunction) and ) and ABOUT ONE AND ONE-ABOUT ONE AND ONE-HALF (1.5) YEARSHALF (1.5) YEARS since the time the since the time the DECISION in the Manila RTC Branch 22 DECISION in the Manila RTC Branch 22 Case should have been PROMULGATED. Case should have been PROMULGATED. There is already need for ample There is already need for ample explanationexplanation concerning this delay. The concerning this delay. The Supreme Court Supreme Court AdministratorAdministrator needs to be notified asap. needs to be notified asap.

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 8: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

To date, To date, ANYANY Registered and Licensed Registered and Licensed Architect (RLA), particularly if a UAP-IAPOA Architect (RLA), particularly if a UAP-IAPOA Member, can bring a Member, can bring a verified complaintverified complaint (based on one’s direct and personal (based on one’s direct and personal knowledge) against knowledge) against ANYONEANYONE for the for the willful willful violationviolation of R.A. No. 9266, its IRR and of R.A. No. 9266, its IRR and derivative regulations i.e.derivative regulations i.e. specifically specifically against against National Government Officials, Governors, National Government Officials, Governors, Mayors, Building Officials, Municipal/ City Mayors, Building Officials, Municipal/ City Engineers, Engineers, CIVIL ENGINEERSCIVIL ENGINEERS and the like . and the like .

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 9: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

To date, To date, at least four (4)at least four (4) civil and criminal civil and criminal cases involving the PICE and the UAP-IAPOA cases involving the PICE and the UAP-IAPOA are already being heard : are already being heard : 1) PICE, Gamolo vs. DPWH Secretary (for declaratory 1) PICE, Gamolo vs. DPWH Secretary (for declaratory relief/ TRO/ relief/ TRO/ injunctioninjunction issuance vs. Secs. 302.3 & 4 of the issuance vs. Secs. 302.3 & 4 of the 2004 Revised IRR of P.D. No. 1096) ;2004 Revised IRR of P.D. No. 1096) ;2) PICE vs. EM Florentino, UAP National Board & 2) PICE vs. EM Florentino, UAP National Board & Officers, etc. for Officers, etc. for indirect contemptindirect contempt;;3) Archt. Winstoney Salceda vs. CE Don Emmanuel Santy 3) Archt. Winstoney Salceda vs. CE Don Emmanuel Santy for the for the illegal practice of architectureillegal practice of architecture; and; and4) PICE vs. Archts. Armando Alli 4) PICE vs. Archts. Armando Alli (as public respondent)(as public respondent) & & Winstoney Salceda Winstoney Salceda (as private respondent)(as private respondent) for for indirect indirect contemptcontempt..

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PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 10: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

PRBoAPRBoA IAPOA IAPOA

To date, To date, ANYANY Registered and Licensed Registered and Licensed Architect (RLA), particularly if a UAP-IAPOA Architect (RLA), particularly if a UAP-IAPOA Member, can bring a Member, can bring a verified complaintverified complaint (based on ones’s direct and personal (based on ones’s direct and personal knowledge) against knowledge) against ANYONEANYONE for the willful for the willful violation of R.A. No. 9266, its IRR and violation of R.A. No. 9266, its IRR and derivative regulations i.e.derivative regulations i.e. specifically specifically against against National Government Officials, Governors, National Government Officials, Governors, Mayors, Building Officials, Municipal/ City Mayors, Building Officials, Municipal/ City Engineers and the like . Engineers and the like .

____________________________________________________________________________________________________________________________________

PRBoA FAST FACTS Relative to the Full Implementation & Enforcement of R.A. No. 9266, its IRR and Derivative Regulations by The PRC PRBoA (Archt. Armando N. ALLI, fuap, aaif, PRBoA Chair as Presentor)

Page 11: PRBoA FAST FACTS Relative to the  Full Implementation & Enforcement

Thank You Thank You and and

a Pleasant Afternoon a Pleasant Afternoon to You All!to You All!

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The PRBoA Program (2007 - 09) for the Full Implementation and Enforcement of R.A. No. 9266 by The PRBoA (Archt. Armando N. ALLI, fuap, aaif, Presentor)

PRBoA

IAPoA