IRR of BP 344

IRR of BP 344
“AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONSBY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.”

Joint Promulgated By:
The Department of Public Works and Highways Port Area, Manila
The Department of Transportations and Communications Pasig, Metro Manila
in coordination with:
The National Council for the Welfare of Disabled Persons
(Accessibility Sector on the Magna Carta for Disabled Person) Diliman, Quezon City

RULE I – SCOPE AND APPLICATION

1. Purpose:
The Rules and regulations set forth herein provide for minimum requirements and standards to make buildings, facilities and utilities for public use accessible to disabled persons, pursuant to the objectives of Batas Pambansa Bilang 344, An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices.

2. Definition of Terms:
For the purpose of these Rules and Regulations, the words, terms and phrases enumerated in Annex A  hereof shall have the meaning as provided therein.

3. Scope:
The provisions of these Rules and Regulations shall apply to the following:
3.1 Public and private buildings and related structures for public use and which shall be constructed repaired or renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles which shall include:
a). Passenger buses and jeepneys
b). Passengers trains, including those of the Light Rail Transit Authority (LRTA)
c). Domestic inter-island vessels
d). Domestic aircraft of air carriers
3.2.3 Public Telephones
3.3 Public transport
terminals including those of LRTA

4. Application:

4.1 Public and private buildings and related structures for public use.
No permit for the construction, repair or renovation of public and private buildings and related structures for public use, whether owned or leased, shall be granted or issued, unless the owner thereof shall have provided in the places and specifications submitted for approval barrier-free facilities and accessibility features as provided in these Rules and in accordance with the followings criteria:

4.1.1 Building and related structures to be constructed

a). At the space where the primary function is served and where facilities and ingress/egress of the building or structure are located, as to make such space accessible to the disabled persons; provided, however, that where the primary function can be served at the ingress level and where such level is provided with facilities, requirements for accessibility at other levels may be waived.
b). Ten percent (10%) of the total number of units of government-owned living accommodations shall be accessible and fully usable by the disabled persons with any fractional part in excess of one-half (1/2) in the computation thereof, to be considered as one unit; for privately-owned living accommodations the number of accessible units shall be as provided in Section 3 of Rule III thereof.
c). Ingress/egress from the street to the building or structure shall be made accessible.
d). Accessible slots in parking areas shall be located as near as possible to ingress/egress spaces of the building or structure.

4.1.2 Building and related structures to be repaired or renovated including those proposed for a change of occupancy. If feasible , barrier-free facilities and accessibility and accessibility features shall be provided in accordance with the requirements under Subsection 4.1.1 (1), (c ) and (d): feasibility of incorporation of barrier-free facilities and accessibility features shall be determined from all the following conditions:

a). When the repair or renovation work is to be done in the space where the primary function is served;

b). When the facilities can be made accessible at any other level which is accessible by means of an elevator with a minimum width of 800 mm;

c). When the space allotted for the primary function will not be diminished by more than ten percent (10%) of its original area;

d). When the capacity or strength of any major structural component, such as slabs, beams, girders, columns, bearing walls and footing of the building or structure will not be diminished;

e). When the cost (exclusive of the exception provided below) of such repair or renovation work is in excess of twenty percent (20%) of the total cost of the building or structure, based upon the computation of permit fees as provided under Rule III of the Implementing Rules and Regulations promulgated pursuant to P.D. 1096 entitled: The National Building Code of the Philippines;

f). When there is no legal constraint which would not allow compliance with these regulations:

EXCEPTION: Repair or renovation work which consists only of heating, ventilating and air conditioning systems, including those which may be required only with respect to fire panic and explosion safety for existing spaces, shall not be subject to the requirements for barrier-free facilities and accessibility features.

4.2.1 Streets, highways and transport related structures to be constructed – Streets, highways and transport related structures shall be provided with the following barrier-free facilities and accessibility features at every pedestrian crossing: ramps and other accessible features in buildings of the Sectoral offices and attached agencies of DOTC; transportation terminals and passenger waiting areas for use of disabled person;
a) Cut-out curbs and accessible ramps at the sidewalks.
b) Audio-visual aids for crossing

EXCEPTION: Requirements for accessibility at pedestrian grade separations or overpasses and underpasses may be waived.

4.2.2 Existing streets and highways to be repaired and renovated the accessibility requirements shall be provided where the portion of existing streets and highways to be repaired or renovated includes part or the entire pedestrian crossing.

4.2.3 Transport vehicles for public use
a) No license or franchise for the operation of public buses, passenger boats, ships and domestic airplanes shall be granted or issued unless the owner or operator thereof shall have provided and designated the number of seats and shall have placed audio-visual aids.
b) Government instrumentalities operating passenger trains including the Light Rail Transit Authority shall have provided the number of seats for disabled persons.
c) Government instrumentalities operating passenger airplanes shall provide and designate the number of seats for disabled persons and shall likewise place the audio-visual aids

4.2.4 Existing Public Transport Vehicles – The minimum accessibility requirements shall apply to all existing units of public transport vehicles, and including those units, which are to be repaired and renovated.

4.2.5 Public Telephones – At least one unit of public telephones for every four (4) units shall be accessible to disabled persons and shall be provided with visual aids required, provided that if only (1) public telephone is to be installed in a particular place the same shall be accessible to disabled persons.

4.2.6 Public Transport Terminals – The criteria and accessibility requirements, provided for public and private buildings and related structures for public use shall apply to public transport terminals.

5. Special Standards of Accessibility:
Where the requirements for accessibility in the Rules will create an unreasonable hardship in design/construction, special standards of accessibility through the use of other methods and/or materials shall be allowed if better facilities can be provided subject to the approval of the National Council for the Welfare of Disabled Persons..

RULE II – MINIMUM REQUIREMENTS FOR ACCESSIBILITY

1. Design Criteria:

1.1 CATEGORIES OF DISABLED PERSONS. The categories of disability dictate the varied measures to be adopted in order to create an accessible environment for the handicapped. Disabled persons under these Rules may be classified into those who have:
1.1.1 Impairments requiring confinement to wheelchairs; or
1.1.2 Impairments causing difficulty or insecurity in walking or climbing stairs or requiring the use of braces, crutches or other artificial supports; or impairments caused by amputation, arthritis, spastic conditions or pulmonary, cardiac or other ills rendering individuals semi-ambulatory; or
1.1.3 Total or partial impairments of hearing or sight causing insecurity or like hood of exposure to danger in public places; or
1.1.4 Impairments due to conditions of aging and in coordination;
1.1.5 Mental impairments whether acquired or congenital in nature.

1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR DESIGN.
The minimum and maximum dimensions for spaces in the built environment should consider the following criteria:
1.2.1 The varying sizes and statures of persons of both sexes, their reaches and their lines of sight at both the standing and sitting positions.
1.2.2 The dimensional data of the technical aids of disabled persons. Included in the second consideration are the dimensions of wheelchairs; the minimum spaces needed for locking and unlocking leg braces plus the range of the distance of crutches and other walking aids from persons using such devices. By applying at this very early stage dimensional criteria which take into account wheelchair usage, the physical environment will ultimately encouraged and enable wheelchair users to make full use of their physical surroundings.
1.2.3 The provision of adequate space for wheelchair maneuvering generally insures adequate space for disabled persons equipped with other technical aids or accompanied by assistants. In determining the minimum dimensions for furniture and fixtures accessible to disabled persons, the following anthropometrics data shall serve as guides for design: The length of wheelchairs varies from 1.10 m to 1.30 m . The width of wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50 m in diameter is a suitable guide in the planning of wheelchair turning spaces. The comfortable reach of persons confined to wheelchairs is from 0.70 m to 1.20 m above the floor and not less than 0.40 m from room corners. The comfortable clearance for knee and leg space under tables for wheelchair users is 0.70 m. Counter height shall be placed at a level comfortable to disabled persons reach.

1.3 BASIC PHYSICAL PLANNING REQUIREMENTS. No group of people shall be deprived of full participation and enjoyment of the environment or be made unequal with the rest due to any disability. In order to achieve this goal adopted by the United Nations, certain basic principles shall be applied:
1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be accessible to all people. This means that no criteria shall impede the use of facilities by either the handicapped or nondisabled citizens.
1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical environment so that as many places or buildings as possible can be reached by all.
1.3.3 USABILITY. The built environment shall be designed so that all persons, whether they be disabled or not, may use and enjoy it.
1.3.4 ORIENTATION. Finding a persons way inside and outside of a building or open space shall be made easy for everyone.
1.3.5 SAFETY. Designing for safety insures that people shall be able to move about with less hazards to life and health.
1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be designed to allow the disabled citizens to participate and contribute to developmental goals

RULE III – SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED STRUCTURES FOR PUBLIC USE

1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:

1.1 Occupancy classified by categories enumerated in Section 710 of the National Building Code (PD 1096) are hereby adapted
1.1.1 Category I “Residential“ This shall comprise Group A and partly Group b Buildings
1.1.2 Category II “Commercial and Industrial“ This shall comprise partly Groups B, C, E, F, G, H, AND I Building
1.1.3 Category III “Educational and Industrial“ This shall comprise partly Group C, D, E, and H Buildings
1.1.4 Category IV “Agriculture“ This shall comprise partly Group J Buildings.
1.1.5 Category V “Ancillary“ This shall comprise partly Group J Buildings.

2. ARCHITECTURAL FEATURES AND FACILITIES: Where the following features and facilities are: architectural design requirements in accordance with generally accepted architectural practice, the same include the corresponding graphic signs.
2.1 Architectural facilities and features:
2.1.1 A – Stairs
2.1.2 B – Walkways
2.1.3 C – Corridors
2.1.4 D – Doors and Entrance
2.1.5 E – Washrooms and Toilets
2.1.6 F – Lifts/Elevator
2.1.7 G – Ramps
2.1.8 H – Parking Areas
2.1.9 I – Switches, Controls, Buzzers
2.1.10 J – Handrails
2.1.11 K – Thresholds
2.1.12 L – Floor Finishes
2.1.13 M – Drinking Fountains
2.1.14 N – Public Telephones
2.1.15 O – Seating Accommodations

3. CATEGORY I The following requirements shall only apply to government-owned building:
3.1 Group A
3.1.1 Single detached. Ten percent (10%) of the total units to be constructed. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.2 Duplexes: Ten percent (10%) of the total units to be constructed. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.3 School or company staff housing units: One (1) unit for 26 to 50 units to be constructed and 1 additional unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and M.

4. Category II The following requirement shall apply to both government and privately owned buildings.

4.1 Group B
4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or town houses. One (1) unit for every 50 units up to 150 units and an additional unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to 150 units and additional unit for every 100 units at ingress level. In case there is no barrier-free elevators: at least one (1) unit shall be provided at ingress level. Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I, J, K, L, M, and N.
4.1.3 Private or off campus Dormitories: One (1) unit per every 50 unit up to150 units and additional dwelling unit for every 100 units thereafter at ingress level. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M, and N.

4.2 Group C
4.2.1 Amusement Halls and Parlor Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.2.2 Massage and Sauna Parlors Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and M.

4.3 Group E-1
4.3.1 Train Stations and Terminals Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.2 Bus depots and Terminals Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.3 Transportation Office Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.4 Airport terminal buildings, heliports Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.5 Ports and harbor facilities, landing piers, sheds, ferry landing stations Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.

4.4 Group E-2
4.4.1 General wholesale and retail stores Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.2 Shopping centers and supermarkets and public markets Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.3 Restaurants, dining and drinking establishments Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.4 Office buildings Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.5 Financial Institutions Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.6 Funeral parlors, morgues and crematories Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.4.7 Memorial and Mortuary Chapels Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.

4.5 Group H-I, Group H-4, and Group I
4.5.1 Theaters, Auditoriums and Convention Halls Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
4.5.2 Concert Halls and Opera Houses Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O
4.5.3 Colisea and Sports Complex and Stadiums Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O

4.6 Group F
4.6.1 Dairies and Creameries Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.6.2 Factories and workshops using incombustible or non-explosive materials Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.6.3 Breweries bottling plants, canneries and tanneries Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.7 Groups G-3
4.7.1 Wood working establishments, lumber and timber yards. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.2 Pulp, paper and paper board factories Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.3 Textile and fiber spinning mills Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.4 Garment and undergarment factories Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, L, L, and M.

5. CATEGORY III

5.1 Group C
5.1.1 Educational institutions (schools, colleges, universities, vocational schools, seminaries and novitiates), including school auditoriums, gymnasia, reviewing stands, little theaters and concert halls. Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.2 Libraries, museums, exhibition halls and art galleries Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.3 Civil Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.4 Clubhouses lodges Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.

5.2 Group D-I
5.2.1 Mental hospitals, mental sanitaria, mental asylums Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
5.2.2 Jails, prison, reformatories, correctional institutions Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.2.3 Rehabilitation Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.2.4 Leprosaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M

5.3 Group D-2
5.3.1 Homes for the Aged Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.3.2 Hospitals and Sanitaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M

5.4 Group D-3
5.4.1 Nursing Homes for ambulatory patients Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.4.2 Orphanages Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M

5.5 Group E-7
5.5.1 Police and fire stations Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M

5.6 Group H
5.6.1 Churches, temples, chapels and similar places of worship Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M, and O.

6. CATEGORY IV
6.1.1 Agricultural buildings Barrier-free facilities and features required in: A, B, C, D, G, H, I, J, K, and L.

7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES
7.1 The provision of this section shall apply to the specified type of facilities and identified specific requirements for accessibility and usability which shall be provided for each of the listed occupancy uses.
a) Seating for the disabled shall be accessible from the main lobby to primary entrances, together with related toilet facilities.
b) In all assembly places where seating accommodation is provided, there shall be spaces for the disabled persons as provided. Seating Capacity Wheelchair Seating Space
4 - 50 : 2
51 - 300 : 4
301 - 500 : 6
c) When the seating capacity exceeds 500 an additional wheelchair seating space shall be provided for each total seating capacity increase of 100 seats.
d) Readily removable seats may be installed in these spaces when such spaces are not required to accommodate wheelchair users.

8. COMPUTATION OF ACCESSIBLE UNITS
In the computation for the allocation of accessible units and seating capacity decimal greater than 0.5 shall be considered as one unit. In all cases a minimum of one (1) accessible unit shall be provided.

9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES

9.1 Graphic signs shall be bold and conspicuously installed in every access from point of entry to connecting destination.
9.2 Walkways shall be provided with adequate passageway in accordance with provision.
9.3 Width of corridors and circulation system integrating both and vertical access to ingress/egress level of the building shall be provided.
9.4 Doors and entrances provided herein used as entry points at entrance lobbies as local points of congregation shall be designed to open easily or accessible from floor or to any point of destination.
9.5 Washroom and toilets shall be accessible and provided with adequate turning space.
9.6 Whenever elevator/s is required it should meet the requirements provide.
9.7 Ramps shall be provided as means of access to level of change going to entry points and entrances, lobbies influenced by condition of location or use.
9.8 Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from car park to ingress/egress levels.
9.9 Height above the floor or switches and controls shall be in accordance with the provisions.
9.10 Handrails shall be provided at both sides of ramps.
9.11 Floors provided for every route of the wheelchair shall be made of nonskid material.
9.12 Water fountains shall be installed as required. (Refer to Appendix A for the illustrations of Rules II and III complementing Rule II of the previous implementing rules and regulations).

RULE IV - REQUIREMENTS FOR PUBLIC TRANSPORTATION
1. Classification of public conveyances by mode of transport shall be as follow:
1.1 Land Transportation - This shall refer to buses having a minimum seating capacity of 50 persons for regular buses and 40 persons for airconditioned buses. This shall include regular city buses, regular provincial buses, air-conditioned by city buses (Love Bus and Pag-ibig Bus) and air conditioned tourist and provincial buses.
1.2 Rail Transportation – This shall refer to the three railways systems in the country, the Philippine National Railways (PNR) operating in Luzon, the Panay Railways Corporation (PRC) operating in the island of Panay and the Light Rail Transit Authority (LRTA) operating in Metro Manila.
1.3 Water Transportation – This shall refer to domestic passenger ships, ferryboats and other water transportation vessels.
1.4 Air Transportation – This shall refer to the domestic passenger airplanes.
2. No franchise or permit to operate public transportation units shall be granted issued or renewed unless such units are constructed or renovated in accordance with the requirements.
3. If feasible, all owners or operators of existing public transport utilities shall modify or renovate their units to accommodate disabled persons.
4. The construction or renovation of public transport utilities covered by these rules shall be subject to compliance with the body designs and specifications as provided under existing rules and regulations.
5. Posters or stickers shall be conspicuously displayed inside the units.
6. Public transportation shall have designated seats for disabled persons.
6.1 Regular buses shall have at least five (5) designated seats for disabled persons near exit/entrance doors.
6.2 First class, premiere and air-conditioned buses shall have at least four (4) designated seats for disabled persons near the door.
6.3 Passenger trains shall have at least six (6) designated seats per car for disabled persons nearest to the door.
6.4 Passenger airplanes shall have at least two (2) designated seats for disabled persons near the front exit/entrance door on a per aircraft-type basis.
6.5 For regular and air-conditioned city buses, other passengers may use these designated seats if not occupied and yield them to incoming disabled persons whenever the occasion arises.
6.6 For provincial buses, regular and air-conditioned buses, passenger trains and airplanes, the designated seats for disabled persons may be occupied by other passengers only if no disabled persons shall occupy these seats at the start of the trip.
6.7 Jeepneys shall have at least two (2) seats; preferably the front seats as designated seats for disabled persons.
6.8 For jeepneys, other passengers may be use these designated seats if not occupied and yield them to incoming disabled passengers only if the yielding passenger can still be accommodated at the back
6.9 In domestic shipping, each vessel shall:
a. Allocate on a per class-basis, areas for disabled passengers. These areas shall be nearest to the entrance and/or exit doorways of the vessels.
b. Give priority to disabled passengers embarkation and disembarkation through the assignment of  time windows. Disabled passengers shall be given a twenty (20) minute period to embark ahead of the three (3) hour embarkation time prior to the ships departure; and shall be allocated a maximum of one (1) hour for disembarkation after the ships arrival.
7. The designated seats shall be identified by the International Symbol of Access.
8. Owners or operators of city buses operating in highly urbanized cities shall install in their units audiovisual aids such as buzzer, bell, flashing light to inform the driver of any alighting passenger.
9. At least one deck in passenger ships shall be provided with accessible ramps, passageway, access to gangways, galleys, safety equipment and bunks/berths/cabins with dimensions conforming with the requirements.

RULE V - ADMINISTRATION AND ENFORCEMENT
1. Responsibility for Administration and Enforcement
The administration and enforcement of the provision of these Rules and Regulations shall be vested in the Secretary of Public Works and Highways and the Secretary of Transportation and Communications, in accordance with the functions and jurisdiction of their respective Departments as provided for by laws as follows.
1.1 The Secretary through the Heads of attached agencies of the Department of Public Works and Highways, with the technical assistance of the Building Research Development Staff, shall administer and enforce the provisions of these Rules and Regulations through the City/Municipal Engineer who shall also act as Local Building Official pursuant to Section 477 of R.A. 7160, otherwise known as the Local Government Code of 1991 and as applied for the following:
1.1.1 Buildings and related structures including public transport terminals
1.1.2 Streets and Highways
1.2 The Secretary of transportation and Communication shall administer and enforce the provisions of these Rules and Regulations through the Heads of Line and Attached Agencies of the Department as follows:
1.2.1 Land Transportation Franchising and Regulatory Board - In respect to the issuance of Certificate of Public Convenience (CPC) and Provisional Authority (PA) for the operation of public road transportation utilities or services.
1.2.2 Land Transportation Office – In respect to the registration of buses and jeepneys and enforcement of regulations related to land transport.
1.2.3 Philippine National Railways and the Light Rail Transit Authority – For the operation of passenger trains and including stations and terminals.
1.2.4 Maritime Industry Authority – In respect to the development promotion, and regulation of all enterprises engaged in business of designing, constructing, manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels or components thereof; of managing and/or operating shipping lines, shipyards, dry docks, marine railways, marine repair shops, shipping and freight forwarding agencies and similar enterprises; issuance of license to all water transport vessels.
1.2.5 Philippine Ports Authority – In respect to the planning, development, financing, construction, maintenance and operation of ports, port facilities, port physical plants, and all equipment used in connection with the operation of a port.
1.2.6 Civil Aeronautics Board – In respect to the supervision and regulation of, the jurisdiction and control over air carriers, general sales agents, cargo sales agents and airfreight for warders, and issuance of certificates/licenses to aircrafts.
1.2.7 Air Transportation Office – In respect to the maintenance, operation and development, of all government airports (other than the NAIA, Mactan International Airport) as well as air navigation facilities (excluding meteorology).
2. Criminal Liability
As stipulated in Section 46 of R.A. 7277, otherwise known as the Magna Carta for Disabled Persons
(a), any person who violates any provision of the rules and regulations of this Act shall suffer the following penalties:
1) For the first violation, a fine of not less than Fifty thousand pesos (P50, 000.00) but not exceeding One hundred thousand pesos (P100, 000.00) or imprisonment of not less than six (6) months but not more than two (2) years, or both at the discretion of the court; and
2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100, 000.00) but not exceeding Two hundred thousand pesos (P200, 000.00) or imprisonment for not less than two (2) years but not more than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months or a fine of not less than Five thousand pesos (P50, 000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.

PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THE ACT
For Buildings/Establishment/Structure
Owner or Operator of the Building, Establishment or Structure
Contractor
Architect
Engineer
Building Official or Other Public Official in-charge with the issuance of building permit, registration, certification and/or inspection of the building, establishment or structure
For Air, Land and Sea Transportation
Owner/Operator of Public Transportation
Body builders
Safety Officers/Engineering/Managers
Drivers/Conductors/Conductresses
Public Official in-charge with the issuance of permits, registration, certification and inspection of the public transportation

EFFECTIVITY
These Rules shall take effect thirty (30) days After the date of publication in the Official Gazette

(SGD) JESUS B. GARCIA, JR.
Secretary
(SGD) GREGORIO R. VIGILAR
Secretary
Department of Public Works and Highways
In coordination with:
The NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS
By:
(SGD) CORAZON ALMA G. DE LEON
Chairman

BP344 IRR Amended

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RA 9442: Magna Carta for Disabled Persons

Republic Act 9442
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and six.
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise known as the “Magna Carta for Disabled Persons”, with new Sections 32 and 33, to read as follows:
“CHAPTER 8. Other Privileges and Incentives
“SEC. 32. Persons with disability shall be entitled to the following:
(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability;
(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements;
(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
(j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and
(k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them.
The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto:
(I) An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: Provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.”
“SEC. 33. Incentives. – Those caring for and living with a person with disability shall be granted the following incentives:
(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.”

SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:
“Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability
“CHAPTER 1. Deliverance from Public Ridicule
“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.
“SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.
“CHAPTER 2. Deliverance from Vilification
“SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as:
(a) The utterance of slanderous and abusive statements against a person with disability; and/or
(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.”
“SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.”

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
“SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.”

SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons with Disability”, and all references on the said law to “Disabled persons” shall likewise be amended to read as “persons with disability”.

SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.
Approved,
(Sgd.) JOSE DE VENECIA JR.
(Sgd.) MANNY VILLAR
Speakier of the House of Representatives
President of the Senate
This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively.
(Sgd.) ROBERTO P. NAZARENO
(Sgd.) OSCAR G. YABES
Secretary General House of Representatives
Secretary of the Senate
Approved: 30 APRIL 2007
(Sgd.) GLORIA MACAPAGAL – ARROYO
President of the Philippines

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28th Apolinario Mabini Awards

APOLINARIO MABINI
(July 23, 1864 — May 13, 1903),
Brain of the Philippine Revolution

The Selection Committee of the 28th Apolonario Mabini Awards is now accepting submittals of nominated PWD Friendly Establishments.  Deadline is on Feb 28, 2015.  For details, please check the website of the Philippine Foundation for the Rehabilitation of the Disabled:

www.pfrd.org.ph

If there are questions or clarifications regarding the submittals, you can either visit me at the office, call me on my mobile or office phone numbers, or email me on this email address.

Contact Details.
nova@pfrd.org.ph

Office Address:
8th Floor, DPC Place Bldg., 2322 Chino Roces ave. (formerly Pasong Tamo Ext.), Makati City
Office Phone: 889-8861
Mobile Phone: 0918-939-7664

This event was named after the Sublime Paralytic Apolinario Mabini, whose disability has not stopped him to become a national icon and creative genius of the Philippine Revolution.

The Apolinario Mabini Awards aims to recognize individual persons with disabilities (PWDs), groups, organizations and professionals who have made remarkable marks in their chosen fields or have rendered outstanding services with impact on citizens with disabilities on a national scale. The different categories that are up for grabs are as follows:
1. Disabled Filipino of the Year;
2. Disabled Group of the Year;
3. Employer of the Year;
4. Disabled-Friendly Establishment;
5. Local Government Unit of the Year;
6. Rehabilitation Volunteer of the Year;
7. Mabini Presidential Award; and
8. Media Advocate of the Year- this is a new category for personalities/groups/institutions in the tri-media who have made significant advocacy for the rights and welfare of PWDs. This is in conjunction with the UN Convention on the Rights of Persons with Disability (UN CRPD).

Interested parties can get nomination forms at PFRD, which can be contacted for details at telephone number 725-0093 or through their email address nova@pfrd.org.ph.

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New Environmental Planning Law upgrades qualification of standards for planners in government service

Recognizing the importance of environmental planning in nation building and development, the Professional Regulatory Board of Environmental Planning reiterates the provisions of the newly adopted "Environmental Planning Act of 2013" (R.A. No. 10587) in the appointment of positions requiring the knowledge, skills, competence and qualifications of registered and licensed environmental planners.

According to Board of Environmental Planning Resolution No. 03 series of 2014, Implementing Rules and Regulations of R.A. 10587, the Civil Service Commission shall set the qualification standards for environmental planners at various levels in government service, including government-owned and controlled corporations and other entities. After the lapse of five (5) years from the effectivity of the new law, only registered and licensed environmental planners shall be appointed to the position of heads and assistant heads of groups, departments, divisions in government offices, agencies, bureaus or instrumentalities including government-owned and controlled corporations, provinces, cities and municipalities, and other positions requiring the knowledge, skills, competence and qualifications of registered and licensed environmental planners.

"Appointments made in violation of the R.A. 10587 and its IRR shall be considered null and void", the Board said.

Moreover, the Board of Environmental Planning reiterates the prescribed period of three (3) years from the effectivity of R.A. 10587 to local government units who may continue to issue appointments to persons who are not registered and licensed environmental planners for the positions of national or local planning and development coordinators, or chiefs of local planning and development offices, only on a temporary status or acting capacity.

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Results of UPCAT 2015-2016

Results of the University of the Philippines College Admission Test (UPCAT) for the academic year 2015-2016 were released and posted online Monday evening, January 12, 2015.

UPCAT was adminstered last August 2014 in 82 testing centers to more than 87,000 students around the country.

"The test is part of the admission requirement of the University of the Philippines administered to senior high school students (e.g., fourth year, Grade 12, Senior 6) of DepEd-accredited schools or secondary schools abroad", UP said as it announced the results Monday.

UP College Admission Test is a five-hour examination in English and Filipino that includes subtests on language proficiency, reading comprehension, mathematics, and science.

View the Complete Results Here

Official UPCAT results are posted at the Office of Admissions and each examinee will receive official notification by mail. Should any discrepancy in reporting exist, the information contained in the mailed notification shall take precedence over the results posted on the web.

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MOLEWA International Architecture Competition Launched

Beijing Hua Yan Cultural Investment Group, Ltd. (Hua Yan) and the International Union of Architects (UIA) proudly announce that the MOLEWA International Architecture Competition is officially launched on 5 January 2015.

Abbreviation for Mount Lu Estate of World Architecture, MOLEWA is situated in Ruichang, Jiangxi Province, China, on the foothills of the celebrated Mount Lu.

The 20-hectare site of competition is divided into 16 plots on which 16 different buildings will be erected, forming the core of the “Hua Yan Township”.

The “Hua Yan Township” project consists of two parts:

1) the “Flower Ocean” garden over 80-hectare of land is the world’s largest flower-themed park and lauded as the “Disney of Flower Lovers” by many industry insiders. Designed by the renowned landscape architect CBA Associates in London, Flower Ocean is currently under construction.

2) MOLEWA competition, conducted under the UNESCO/UIA guidelines for International Competitions for Architecture and Town Planning, will solicit innovative and culturally expressive designs from professional architects from all over the world.

In a break from China’s traditional approach to urban development, MOLEWA aims to create a cluster of modern architecture combining high cultural and practical values to add to the heritage and charm of Mount Lu.

“Hua Yan Township” is an integration of culture, tourism, and sustainable development and exemplar of China’s “New Urbanization” strategy.

Hua Yan is one of China’s leading developers of cultural projects and has created the world’s largest Buddhist retreat China Thindu Court in Hunlun Buir, the Magical Musical “Monkey King” at Cotai Central, Macau, and much praised large-scale live show “Jingganshan”.

UIA is the world’s largest professional organizations, with more than 120 member countries/regions and 1.3 million practicing architects as individual members. The International Competitions for Architecture and Town Planning under the auspice of UIA is the most prestigious architectural competition in the world and the source of modern architectural classics such as the Sydney Opera House and Pompidou Center in Paris.

The MOLEWA competition jury is composed of 12 distinguished architects and business leaders from around the world approved by UIA. The jury will select 16 outstanding designs as the competition winners, according to the 16 plots dedicated to the competition.

The MOLEWA competition has one of the highest prize money in architectural competitions of recent years, with the first prize valued at US$160,000.

For further details, please visit www.creativersal.com/uia.

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How to become a LEED Green Associate

If you are interested to become a certified LEED Green Associate, you must take an exam which is the 1st tier exam for LEED v3.

The Green Associate credential is administered by the Green Building Certification Institute (GBCI), but the exams cover the Leadership in Energy and Environmental Design (LEED) green building rating systems, which are developed by the US Green Building Council.

According to the GBCI website, the LEED Green Associate exam is “for professionals who want to demonstrate green building expertise in non-technical fields of practice…[it] denotes basic knowledge of green design, construction and operations.”

The exam is targeted for product manufacturers, marketers, finance people, students, people in customer service for a large construction firm, etc. And it’s also for people who are not yet eligible to take a LEED AP specialty exam.

The LEED Green Associate credential is the Tier I credential that demonstrates knowledge of green design, construction and development concepts. It covers the following topics:

• The LEED Application Processes
• Project Site Factors
• Water Management
• Project Systems and Energy Impacts
• Acquisition, Installation and Management of Project Materials
• Stakeholder Involvement in Innovation
• Project Surroundings and Public Outreach
• Synergistic Opportunities between various LEED strategies
• The information is less detailed than what is required to know for the specialty exams, but it covers information that can span across all of the various LEED Rating Systems.

To earn the credential, individuals must pass the two hour, 100 question LEED Green Associate exam with a 170 (85%) or higher score. The questions are multiple choice and delivered via a computerized exam. The exams are taken in Prometric testing centers, which are located around the world.

Here is some more quick info about the exam:

• 2 hour exam
• 100 multiple-choice questions
• computer-based test
• USGBC national members/full-time students: $150, All others: $200.

For more information, please take a look at the Green Associate exam candidate handbook, which can be found on the GBCI website.

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Establishing an Architectural Office: Partnerships

A partnership is an unincorporated association of two or more persons or entities to operate a business with the intention of making a profit. It is a single business owned by two or more people. Unless defined in a partnership agreement, all aspects of the business are typically divided equally among each partner. The partnership, however, is not a separate legal entity that is distinct from the partners.

Partnerships are formed by registering the business as a partnership with the Securities and Exchange Commission (SEC) and with the Professional Regulation Commission (PRC)- Professional Regulatory Board of Architecture (PRBoA). Typically, the legal name of the business is required to be the names of the individual partners.

This form of office organization may be considered in two major types: two or more equal active partners, or a senior or a junior partner. Partnerships exist where all partners are registered and licensed architects, where partners are architects and engineers or any allied professional, or even where only person is a registered architect but the other partners are contractors, lawyers, or good businessman in related fields. The law however requires, that the registered architect or architects in the partnerships shall hold the majority share (75%) of the firm. Which is best will greatly depend upon the qualifications, financial status, capabilities and interest of the partners.

Partnerships are more complex than proprietorships. A partnership agreement should be in writing and should address issues such as the following:

• financial (capital) contributions of the partners
• responsibility and authority of the partners
• fiduciary duties of the partners
• liabilities of the partners
• operation and management of the partnership
• distributions of profit and loss
• transferability of interests
• admission of new partners
• resolution of disputes
• dissolution of the partnership

The most obvious advantage of a partnership is the fact that more than one practitioner means more cash – backing more actual hands or bodies to do the work, more minds to think out the problems, and more client contacts that may be made. In a well-developed partnership, the various phases of the work are as equally divided as is possible, each responsible of the portion delegated to him. The partners may be equal by virtue of the equal investments in the business, or may be unequal unequal due to unequal investment.

Regardless of the amount of investment, unless special responsibility is agreed upon, all partners are responsible for the debts of the partnership, and a contractual agreement by one partner binds all partners. Certainly wihtout a good agreement or confidence in partners, it might be an undesirable situation at times. This is the disadvantage wherein all liabilities are shared by the partners. Each partner has liability for all of the business and professional liability debts of the entire partnership jointly and severally. Each partner is not only liable for his or her own actions, but the actions of all the employees and partners within the business. Partners personal assets are also at risk and can be used to satisfy the partnership’s debt, whether or not the individual partner was personally involved. Therefore, should a business vendor or a professional liability claimant make a claim against the partnership, each partners personal assets may be reached to satisfy the claim. An architect considering becoming a partner in a firm should carefully weigh the amount of liability to which he or she will become subject, and whether or not the capital contribution being made might soon be lost to existing creditors and claimants.

Taxes are filed by completing and submitting an “annual information return”, which identifies the income, deductions, gains and losses of the business. Similar to the sole proprietor, all earnings and loses “flow through” to the partners’ personal tax returns.

In a good working partnership, someone needs to be the business-getter, the "front man" who can handle the cash flow and general business phases. Different persons need the ability to design, and to supervise the production work and field construction. Each partner could belong to a different club or service organization in order to have diverse contacts for possible business and probably should live in a different suburban area for the same reason. These things may require some adjustment but probably will benefit the partnership in the end.

In a senior-junior partnership, the arrangement usually starts when an older, established architect begins to feel that he is working too hard, that he has a bright energetic employee, or that he would like to retire in a few years. Most often, the younger partner is a long-time employee who supposedly knows the operation of the office, complements the architect's abilities, and wants to be on his own. The senior partner is the one with the investment. Agreement regarding returns may may be varied, but the senior partner will retain control. If the idea is to provide for ultimate retirement of the older partner, there may be a gradual increase in percentage for the younger partner with a corresponding decrease in the percentage for the one, until, at ultimate retirement, the office belongs to the younger. This may take a considerable period of time of course. While this is often an arrangement between only two men, there is no reason that more than one junior partner cannot be included.

So partnerships sound better than proprietorships? The advantages are that, when properly constituted, the partners expertise complements each of the others. The financial base may be more broad and in greater depth as each partner has some money. The partners will probably live in different client contacts. And with more partners to share the required work necessary for best operation, the amount of extra work time, beyond normal week, may be shortened. The primary disadvantage is that partners may not agree about business after an initial period of "togetherness". The one who attends meetings, play golf, has client oriented lunches, may be considered by the others as having an enjoyable time. Unless strict control over contract signatures and cash flow is maintained, it is possible that unwelcome work situations may result. Several partners may want to work on design with no one interested in production documents or contract administration (estimating, specifications writing, etc.).

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Practice of Foreign Professionals in the Philippines

Republic of the Philippines
PROFESSIONAL REGULATION COMMISSION
Manila

RESOLUTION NO. 2012 - 668
Series of 2012

GUIDELINES IN IMPLEMENTING SECTION 7, PARAGRAPHS (J), (L) and SECTION 16 OF REPUBLIC ACT NO. 8981, CALLED THE "PRC MODERNIZATION ACT OF 2000", AND THE PERTINENT PROVISIONS OF THE PROFESSIONAL REGULATORY LAWS, THE GENERAL AGREEMENT ON TRADE IN SERVICES, AND OTHER INTERNATIONAL AGREEMENTS ON THE PRACTICE OF FOREIGN PROFESSIONALS IN THE PHILIPPINES

WHEREAS, Paragraph (j) of Section 7, (the Powers, Functions and Responsibilities of the Commission) of Republic Act No. 8981 provides, to wit:

(j) Upon recommendation of the Professional Regulatory Board concerned, to approve the registration of and authorize the issuance of a certificate of registration/ license and professional identification card with or without examination to a foreigner who is registered under the laws of his state or country and whose certificate of registration issued therein has not been suspended or
revoked:

Provided, That, the requirements for the registration or licensing in said foreign state or country are substantially the same as those required and contemplated by the laws of the Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and grant the same privileges as those enjoyed by the subjects or citizens of such foreign state or country:

Provided, further, That, the Commission may, upon recommendation of the Board concerned, authorize the issuance of a certificate of registration/license or a Special Temporary Permit to foreign professionals who desire to practice their professions in the country under reciprocity and other international agreements; consultants in foreign-funded, joint venture or foreign-assisted projects of the government, employees of Philippine or foreign private firms or institutions pursuant to law, or health professionals engaged in humanitarian mission for a limited period of time:

Provided, finally, That agencies, organizations or individuals whether public or private, who secure the services of a foreign professional authorized by law to practice in the Philippines for reasons aforementioned, shall be responsible for securing a special permit from the Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE), pursuant to PRC and DOLE rules;

WHEREAS, the certificates of registration with professional identification cards or the Special Temporary Permits aforementioned are issued by the Professional Regulatory Boards (PRBs) after they have determined that the activity/undertaking of the foreign professional constitutes a practice of the profession under the scope of practice of their respective professional regulatory laws and after the concerned PRB has issued a PRB resolution subject to approval by the Commission pursuant to Sec. 7 (c) of R.A. No. 8981 and/or the professional regulatory laws granting thereto the privilege to practice his/her profession in the Philippines;

WHEREAS, Paragraph (I) under Section 7 of supra law states as follows:

(1) To supervise foreign nationals who are authorized by existing laws to practice their professions either as holders of a certificate of registration and a professional identification card or a Special Temporary Permit in the Philippines; to ensure that the terms and conditions for their practice or of their employment are strictly complied with; to require the hiring or employing government agency or private entity/institution to secure a Special Temporary Permit from the concerned Board subject to approval by the Commission and to file a criminal complaint against the head of the government agency or officers of the said private entity/institution, who shall be liable under the penalty provided for in the concerned professional regulatory law or the penalty imposed pursuant to this Act, when the professional was hired and allowed to practice his/her profession without permit;

to file upon due process request for deportation with the Bureau of Immigration and Deportation (BID); and to supervise professionals who were former citizens of the Philippines and who had been registered and issued a certificate of registration and a professional identification card prior to their naturalization as foreign citizens, who may, while in the country on a visit, sojourn or permanent
residence, practice their profession: Provided, That, prior to the practice of their profession they shall have first been issued a special permit and updated professional identification card by the Board concerned subject to approval by the Commission and upon payment of the permit and annual registration fees;

WHEREAS, pursuant to Presidential Decree No. 541, former Filipino professionals who are now naturalized foreigners, subject to certain requirements, are allowed to practice their professions in the Philippines;

WHEREAS, foreign nationals under the General Agreement on Trade in Services (GATS) and/or other international, regional, multilateral, bilateral agreements may opt to practice their professions in the Philippines subject to the terms and conditions with the agreement where the Philippines is a signatory thereto;

WHEREAS, all the Professional Regulatory Laws (PRLs) provide for penal provisions for all those who are engaged in illegal practice of the profession;

WHEREAS, Section 16 of R.A. No. 8981 read as follows: Penalties for Violation of Section 7 Subparagrapn (I) by Heads of Government Agencies or Officers of Private Entities/Institutions. Any head of a government agency or officer(s) of a private firm/institution who violates Section 7 subpar. (I) of this Act shall be punished by imprisonment of not less than six (6) months and one (1) day to not more than six (6) years, or a fine of not less than Fifty thousand pesos (P50,ooo.oo) to not more than Five hundred thousand pesos (P500,ooo.oo) or both at the discretion of the court; and

WHEREAS, the Commission under Sec. 7(y) is empowered to implement and enforce the provisions of R.A. No. 8981, the Professional Regulatory Laws (PRLs), decrees, executive orders and other administrative issuances.

NOW, THEREFORE, the Commission RESOLVES, as it is hereby RESOLVED, to require foreign professionals who intend to practice a profession in the Philippines to file an application for registration with or without Board Licensure Examination or to secure a Special Temporary Permit from the Professional Regulatory Boards and the Commission in accordance with the pertinent provisions of R.A. No. 8981 and the Professional Regulatory Laws, their respective implementing rules and regulations, and the following guidelines:

SECTION 1. DEFINITION OF TERMS

a.   FOREIGN PROFESSIONAL - refers to a natural person who practices or intends to practice a profession under the regulation of a Professional Regulatory Board (PRB) and the Professional Regulation Commission (PRC).

b.   PRACTICE OF A PROFESSION - refers to an activity/undertaking rendered by a registered and licensed professional or a holder of a Special Temporary Permit as defined in the scope of practice of a professional regulatory law.

c.    FOREIGN PROFESSIONAL CONSULTING SERVICES - refers to a service rendered by a
registered and licensed person or a holder of a Special Temporary Permit whose activity/undertaking is included in the scope of a practice of a profession as provided in the professional regulatory law.

d.   FOREIGN MEDICAL MISSIONS (FMM) - refers to a humanitarian mission or activity rendered by a foreign professional.

e.   CERTIFICATE OF REGISTRATION AND PROFESSIONAL IDENTIFICATION CARD - refer to documents issued to a foreign professional who is registered and licensed to practice a profession with or without Board Licensure Examination under the reciprocity provisions of a Professional Regulatory Law.

f.    SPECIAL TEMPORARY PERMIT (STP) TO PRACTICE A PROFESSION - refers to a
given to a foreign professional who is allowed to practice his/her profession in the Philippines for a limited period of time.

g.   TEMPORARY PROFESSIONAL IDENTIFICATION CARD - refers to an identification card
issued to a foreign professional with a Special Temporary Permit approved by a Professional Regulatory Board and the Commission.

h.   RECIPROCITY - refers to the provisions of Section 7 (j) of Republic Act No. 8981 (the PRC
Modernization Act of 2000) and related provisions on reciprocity as defined in the respective Professional Regulatory Laws.

SECTION 2. COVERAGE AND REQUIREMENTS FOR FILING, EVALUATION AND
APPROVAL/ DENIAL OF APPLICATION

A. Foreign nationals applying for registration with or without examination under reciprocity or other international agreement. The applicant shall submit to the International Affairs Division or the Regional Office the following:

a.   a duly accomplished and notarized Application Form.

b.   a copy of the international agreement or law of the state/country of the applicant showing that the requirements for registration or licensing from the country of origin are substantially the same as those required and contemplated by the laws of the Philippines.

The   document   must   be   duly   authenticated   by   the   Philippine Embassy/Consulate/Legation to the country/state of the applicant and have a copy of the official English translation thereof.

c.   an official document issued by the appropriate government office/agency certifying that the applicant is either a graduate or registered professional therein. The   document   must   be   duly   authenticated   by   the   Philippine  Embassy/Consulate/Legation to the country/state of the applicant and have a copy of the official English translation thereof.

d.   a photocopy of the valid passport as proof of citizenship, identification of the visa issued, and proof of entry in the Philippines.

B.   Foreign professionals to practice a profession in the Philippines under reciprocity or other international agreements. The applicant shall submit to the International Affairs Division or the Regional Office the following:

a. a duly accomplished and notarized Application Form.

b. a copy of the international agreement or law of the state/country of the applicant showing that the requirements for registration or licensing from the country of origin are substantially the same as those required and contemplated by the laws of the Philippines.  The   document   must   be   duly   authenticated   by   the   Philippine Embassy/Consulate/Legation to the country/state of the applicant and have a copy of  the official English translation thereof.

c. an official document issued by the appropriate government office/agency certifying that the applicant is a registered professional therein. The   document   must   be   duly   authenticated   by   the   Philippine Embassy/Consulate/Legation to the country/state of the applicant and have a copy of  the official English translation thereof.

d. a photocopy of the valid passport as proof of citizenship, identification of the visa issued, and proof of entry in the Philippines.

C.   Foreign professionals who are to be engaged by the Government as Consultants in foreign-funded, Joint venture, or foreign assisted projects. The applicant shall submit to the International Affairs Division or the Regional Office the following:

a. a duly accomplished and notarized Application Form.

b. a copy of the Contract of Consultancy Services or a Memorandum of Agreement between the government agency and the foreign professional indicating the Terms of Reference, nature of consultancy, period, scope and project details. In case of joint venture between two private entities, any of the parties thereto shall submit the application.

c. An official document issued by the appropriate government office/agency of the foreign country/state certifying that the applicant is a registered professional therein. The   document   must   be   duly   authenticated   by   the   Philippine Embassy/Consulate/Legation to the country/state of the applicant and have a copy of the official English translation thereof.

d. A photocopy of the valid passport as proof of citizenship, identification of the type of visa issued, and proof of entry in the Philippines.

D. Foreign professionals who are to be employed by local and foreign private firms or institutions pursuant to law The applicant shall submit to the International Affairs Division or the Regional Office the following:

a.   a duly accomplished and notarized Application Form.

b.   a copy of the contract of employment, consultancy agreement or service contract including project details, scope of works, nature and duration of engagement of the foreign professional and professional liability insurance whenever applicable and required.

c.   an official document issued by the appropriate government office/agency of the foreign country/state certifying the applicant is a registered professional therein. The   document   must   be   duly   authenticated   by   the   Philippine Embassy/Consulate/Legation to the country/state of the applicant and have a copy of the official English translation thereof.

d.   a photocopy of the valid passport as proof of citizenship, identification of the visa issued, and proof of entry in the Philippines.

E.   Foreign health professionals for humanitarian mission for a limited period of time The applicant shall submit to the International Affairs Division or the Regional Office the following:

a.   a duly accomplished and notarized Application Form.

b.   a letter request for the issuance of a Special Temporary Permit to the foreign professional for the conduct of humanitarian mission with the undertaking that no fees will be charged. The letter must indicate the venue and the specific date of the humanitarian mission.

c.   a copy of the applicant's valid passport as proof of citizenship and proof of entry in the Philippines.

d.   an authenticated copy of the valid professional licenses issued by the country of origin with official English translation thereof where necessary.

F.   Foreign Professionals under P.D. No. 541, "Allowing Former Filipino Professionals to Practice their Respective Professions in the Philippines". The applicant shall submit to the International Affairs Division or the Regional Office the following:

a. a duly accomplished and notarized Application Form.

b.   a photocopy of the applicant's passport showing his/her name, picture, citizenship, and date of entry in the Philippines which must be within six (6) months before the filing of the application for renewal;

c.    the original and photocopy of the previously issued Professional Identification Card;

d.    a duly authenticated original and photocopy of the License/Certificate of Registration/Permit in the adopted country;

e.    four (4) Passport size I D pictures.

SECTION 3.      PROCEDURES IN THE PROCESSING OF APPLICATIONS OF CERTIFICATE OF REGISTRATION, PROFESSIONAL IDENTIFICATION  CARD OR SPECIAL TEMPORARY PERMIT.

1.   The International Affairs Division or the Regional Office where the application is submitted shall initially assess the completeness of the documentary requirements contained therein. Applications with complete documentary requirements shall be endorsed within three (3) working days to the appropriate Professional Regulatory Board for determination and promulgation of Board resolution.

2.    Applications with incomplete documentary requirements if personally delivered shall be returned to the applicant/representative for completion. If the application is received through mail, the same shall be returned by mail with information of deficiency within three (3) working days from receipt thereof.

3.   The concerned Professional Regulatory Board shall act upon the application submitted within three (3) working days from receipt thereof.

4.   Applications approved for registration with or without examination by the Professional Regulatory Board shall be issued a corresponding Board Resolution approved by the Commission in no more than three (3) working days from receipt thereof. Applications approved for the issuance of a Special Temporary Permit by the Professional Regulatory Board shall be issued a corresponding Board resolution approved by the Commission in no more than three (3) working days from receipt
thereof. The Special Temporary Permit to be issued shall be denominated as following:

a.   For Foreign professionals under reciprocity or other international agreements - STP - (acronym of PRB) - A. Example: STP - MED -A.

b.   For Foreign professionals who are to be engaged by the Governments as Consultants in foreign-funded, joint venture, or foreign assisted project - STP - (acronym of PRB)-B.

c.   For Foreign professionals who are to be employed by local and foreign private firms or institutions pursuant to law - STP - (acronym of PRB) - C.

d.   For foreign health professionals for humanitarian mission for a limited period of time - STP - (acronym of PRB) - D. Applications approved for the issuance of a Professional Identification Card under P.D. 541 by the Professional Regulatory Board shall be referred to the Registration Division.

5.   Applications denied by the Professional Regulatory Board shall be issued a corresponding letter signed by the Chairman of the Board. The letter of denial shall be sent through mail to the applicant or his duly authorized representative within three (3) working days from receipt by the International Affairs Division of the Notice of Denial from the Board.

SECTION 4. OATH OF PROFESSIONAL

Foreign professionals w ho are allowed to practice their professions with or without examinations in the Philippines shall be required to take the oath of professionals.

SECTION 5. FEE

Upon filing of application, with the exception of application of renewal under PD 541, sub-section F of Section 2, the applicant shall pay non-refundable processing fee of three thousand pesos (Php 3,000.00) for each application for Special Temporary Permit. Upon approval of the Special Temporary Permit through a Board Resolution and Special Temporary Permit ID, payment of eight thousand pesos (Php 8,000.00) In case of sub-section F of Section 2, payment of the assessed due is a separate payment from Special Temporary Permit.

SECTION 6. WHO MAY FILE APPLICATION FOR ISSUANCE OF CERTIFICATE OF REGISTRATION, PROFESSIONAL IDENTIFICATION CARD OR SPECIAL TEMPORARY PERMIT

All applications, with the exception of the application of renewal under PD 541, shall be filed by the individual applicant/sponsoring/hiring/contracting institutions through their duly authorized representatives. All applications shall be considered duly filed upon submission of complete requirements and payment of prescribed fees.

SECTION 7. WHO MAY APPLY APPLICATION FOR RENEWAL UNDER PD 541

All applications for the renewal of Professional Identification Card for Former Filipinos under PD 541 shall be filed by the individual applicant or any duly authorized representative. All applications shall be considered duly filed upon submission of complete requirements and payment of prescribed fees.

SECTION 8. RECORD OF FOREIGN PROFESSIONALS

The International Affairs Division shall maintain a Roster of Foreign Professionals allowed to practice their professions and issued Certificate of Recognitions and Professional Identification Cards or Special Temporary Permits. The Roster shall include the following data: complete name, citizenship, profession, address in the country of origin, address in the Philippines, name of sponsoring group or employer, duration of the Special Temporary Permit, place of the activity and type of activity/nature of work. Foreign professionals who are allowed to practice a profession with or without examination shall register with the Registration Division of the Professional Regulation
Commission. Data pertaining to foreign professionals shall remain confidential from any person/entity without the express written authority from the Commission.

SECTION 9. PUBLICATION OF THE LIST OF ISSUED CERTIFICATES OF REGISTRATION,
PROFESSIONAL IDENTIFICATION CARDS AND SPECIAL TEMPORARY PERMITS

A list of issued Certificates of Registration, Professional Identification Cards and Special Temporary Permits, shall be posted in the official website of the Professional Regulation Commission within seven (7) days upon issuance thereof. In the case of issued Special Temporary Permits, the list shall also be posted for seven (7) days within the duration of the STP.

SECTION 10. MONITORING OF FOREIGN PROFESSIONALS

Foreign professionals who have been issued Certificates of Registration and Professional Identification Cards or Special Temporary Permits shall be regularly monitored by the concerned Professional Regulatory Board through the Standards and Inspection Division. The foreign professional shall inform the Commission through the International Affairs Division of any change in his/her place of residence in the Philippines within ten (10) days from such change. Foreign professionals or their representatives shall submit a report of their accomplishments to the appropriate Professional Regulatory Board, copy furnished the International Affairs Division, within five (5) working days upon expiration of the Special/Temporary Permit. Non-submission of the accomplishment report shall render the applicant/sponsoring/hiring/contracting institution ineligible for the renewal or issuance of prospective Special Temporary Permit. The Professional Regulatory Board with the Standards and Inspection Division may conduct inspection of the activities and shall issue an Inspection Report to the Commission, indicating if the foreign professional, corporation or employer has or has not committed any violations of applicable laws.

SECTION 11. GROUNDS FOR CANCELLATION OF SPECIAL TEMPORARY PERMIT

The Special Temporary Permit may be cancelled Motu proprio by the Professional Regulatory Boards or upon valid complaint after due notice and hearing on the following grounds:

1. Misrepresentation of facts in the application
2. Submission of falsified or tampered documents.
3. Violations of conditions of the Permit.
4. Injury/death, or damage to property in the performance of the duty.
5. Foreign national who has been declared as an undesirable alien by competent authorities.
6. Any violation under the Professional Regulatory Laws and rules thereof.

SECTION 12. VALIDITY OF THE PERMIT
                     
The Special Temporary Permit shall be valid for the period specified in the Board resolution approved by the Commission. In no case, shall it exceed one (1) year unless renewed/extended.    

SECTION 13. RENEWAL/EXTENSION OF SPECIAL TEMPORARY PERMIT

Application for extension of the Special Temporary Permit must be filed at least fifteen (15) days prior to the expiration of the permit issued.  

SECTION 14. ADMINISTRATIVE, CIVIL AND PENAL SANCTIONS

Any complaint for malpractice or information against the undertaking of the foreign professional within the duration of the validity of Special Temporary Permit or Professional Identification Card shall be filed at anytime with the Legal and Investigation Division in accordance with the rules of the Commission on administrative investigation.

A foreign professional who was issued a Certificate of Registration, Professional Identification Card or Special Temporary Permit shall be proceeded against administratively for any of the grounds provided in the law regulating the practice of his/her profession. If found guilty, he/she shall be meted out with the penalty provided for such violation.  
.                                                                  
A foreign professional who practices his/her profession without being registered and licensed or issued a Special Temporary Permit pursuant to the professional regulatory law or the provisions of R.A. No. 8981, or Special Temporary Permit under PD No. 541 shall be criminally -prosecuted.  If found guilty, he shall be meted out with the penalty imposed by penal laws.

SECTION 15. ONLY NATURAL PERSONS CAN BE ISSUED SPECIAL TEMPORARY PERMIT

Only foreign nationals, including former Filipinos, as natural persons, who want to engage in the general practice of state-regulated professions as defined under the pertinent Professional Regulatory Laws can be issued a Special Temporary Permit. Juridical persons such as partnerships, corporations, or associations of foreign nationals cannot be issued Special Temporary Permits.                                                 .

SECTION 16. COLLABORATIVE PRACTICE        

If allowed under the pertinent Professional Regulatory Law, a foreign national who has been issued a Special Temporary Permit may engage in collaborative practice with a Filipino registered and licensed professional, who shall primarily assume the professional responsibility and civil liability for the collaborative professional output.

SECTION 17.  LIABILITY INSURANCE OF A NATURAL PERSON UNDER A SPECIAL TEMPORARY PERMIT

Notwithstanding the assumption of civil liability by a registered and licensed professional in cases of a collaborative practice, foreign nationals, including former Filipinos, who want to engage in the general practice of state-regulated professions as defined under the pertinent Professional Regulatory Law must secure locally their professional liability insurance, malpractice insurance, or their acceptance equivalent in bond form commensurate with the nature and magnitude of their project involvement and their compensation as applicable.

SECTION 18. TRANSITORY PROVISION

All foreign professionals who practice a profession in the Philippines without a Certificate of Registration and/or Professional Identification Card, or Special Temporary Permit pursuant to  PRC Resolution but who are not yet subjected to any sanctions, shall have ninety (90) days from the effectivity of this Resolution to secure the said Certificate of Registration and Professional Identification Card or Special Temporary Permit without penalty upon compliance with the requirements set forth in this resolution.                                              
^
SECTION 19. SEPARABILITY CLAUSE

If any provision or part of the Guidelines, or application thereof to any person or circumstance, is held not constitutional or not valid by the Courts, the remaining valid provisions thereof shall not be affected thereby.

SECTION 20. REPEALING CLAUSE

PRC Resolution Nos. 98-547 and 98-549 series of 1998 are hereby expressly repealed and, other existing resolutions, orders, circulars, or other issuances that may be inconsistent herewith are deemed repealed, amended, and/or modified accordingly.

SECTION 21. EFFECTIVITY
This Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any daily major newspaper of general circulation in the Philippines.

Let a copy hereof be furnished to the UP Law Center, the Department of Labor and Employment (DOLE), the Department of Justice (DOJ), Department of Foreign Affairs (DFA), Bureau of Immigration (BOI), Commission on Higher Education (CHED), and to all concerned derivative agencies for their information and guidance as well as for their dissemination or circularization.

DONE in the City of Manila this 21st day of June,2012.      
     
DOWNLOAD COPY OF APPLICATION FORM

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Establishing an Architectural Office: Legal Requirements

For anyone wishing to establish an architectural office in the Philippines, here are some notes to consider:

An architectural office or "Architectural Firm" is defined as a sole proprietorship, a partnership or a corporation registered with the proper government agencies.

Section 37 of Republic Act (RA) 9266 states that the practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under certain conditions.

Further, it states that only Filipino citizens properly registered and licensed as architects may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture. In the case of association or partnership, the architect shall hold the majority of the shares (75%) of the architectural firm. For a corporation, the registered and licensed architects (RLAs) shall compose at least seventy-five percent (75) of the owners, shareholders, members, incorporators, directors, executive officers, as the case may be.

For a single ownership or single proprietorship, the company will have to be registered with the Department of Trade and Industry (DTI) as well as the Professional Regulation Commission (PRC) - Professional Regulatory Board of Architecture (PRBoA). On the other hand, for an association, partnership, or corporation, the company has to be registered with the Securities and Exchange Commission (SEC), as well as the PRC-PRBoA. The office shall also secure a business permit from the municipal or city hall. Furthermore, the business shall also register with the Bureau of Internal Revenue (BIR) for securing official receipts as well as proper reporting of company income and expenditures for tax purposes.

The individual members of such firm, partnership, association or corporation shall be responsible for their individual and collective acts as an entity and as provided by law. The RLA who signs and seals documents shall carry the civil liability as provided by the Article 17 of the Civil Code of the Philippines:
The engineer or architect who drew up the plans and specifications for a building is liable for damages if fifteen (15) years from 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.
The action must be brought within ten (10) years following the collapse of the building.

(Note: the engineer is for the engineering documents, that is civil/structural engineer for structural documents, electrical engineer for electrical documents, mechanical engineer for mechanical documents and so on, while the architect is for the architectural documents)

"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. In the Philippines, the practice of architecture is limited to registered and licensed architects. 

For a person to be called an Architect, it means that person is professionally and academically qualified, registered and licensed 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.

The practice of architecture in the Philippines covers the following services which only RLAs can provide:

"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.

The "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 processes 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;

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Establishing an Architectural Office: Single Proprietorship

Most young architects who want to establish their own office will opt to start small. The type of office organization very suitable for this kind of objective is the single proprietorship. It is a very popular choice for new firms and is the simplest structure. This is an unincorporated business with no legal distinction between the owner and the business entity. You are entitled to all profits and are liable for all debt, losses and liabilities.

The primary advantage in a single proprietorship is that the proprietor or the individual owner is his own boss. He/she is the principal architect or the architect-of-record for the projects that will be undertaken. In that case, the entire responsibility, up to handling the financial and other aspects of the office will be borne by the owner. The architect-owner must be very knowledgeable about contract preparations, production of working drawings, estimating and doing specifications writing. He/she must also learn the business end of the office, the cash flow, and even the process of finding clients. And because the burden of the work is relegated to one person. the architect-owner will have to work days, nights, and even weekends to keep his office open and meet deadlines. Although sole proprietorship is easy to form and relatively easy to understand, another major disadvantage is that you are personally liable for all business debt, loss and liability. You have no personal protection from actions against the business including any liabilities caused by an employee.

Because of its simplicity, there is a tendency that activities of the architecture practice is mixed with unrelated business endeavors and personal matters. It is best to isolate the personal activities from the business side since it is possible for an individuals financial matters to become entangled with the finances of the proprietorship.  A separate booking is needed especially for tax reporting purposes.

On the other hand, while the architect may be a good designer and like to do this type of work, most often, someone must be out there finding projects to keep the office alive. The same is also true in other phases of the project.  The advent of mobile phones may have minimized the advantage of a small office, especially for a one-man office, but in case the architect is out of the office, visits of walk-in clients may be missed.

Finances to operate the offices are available through one source - the owner. A small office usually does small work and perhaps better quality because of the attention made but it is also small in peso value. If draftsmen are employed, there is always the problem of keeping them busy if projects are not available, and the additional lack of ability to do all phases of the project may cause some problems. Smaller offices may seem to employ less experienced draftsmen, probably because the salary outlay is lower, so that draftsmen may not be thoroughly trained or able to make decisions without the approval of the boss. And certainly, if any trouble arises on a project because of some mistakes in the documents, the one who assumes the entire responsibility is the architect-owner.

Single proprietorship may be rewarding for those who like to take the entire responsibility, and can handle the financial and other aspects that go with it. There is pride in being able to feel that you, and you alone, operate a successful business doing quality work. There is also the responsibility to keep employees happily employed. Because of the time spent by the owner in finding work and processing it thoroughly, there may be some problems with regards to time spent for family. There is also a small chance of bagging multi-million pesos projects, due strictly to office size, but as the office continues to grow, this issue may be gradually eliminated.

The major advantage of the small office is simply because the office is small. Work that requires more facilities than are available in this office size may go somewhere simply because of this fact. One method that may be used, is of course to increase the office force as occasion warrants. It may mean changes in office operations and additional paperwork. An option is to undertake bigger projects by networking with another architectural office by association, but this may limit the freedom experienced by a single owner. It does not mean that an office led by a single proprietor has to be small. Many large offices now started as a small single-owner operations, but grew by good management and still maintained the single-owner status by employing the expertise necessary.

According to Wikipedia, small firms with less than 5 people usually have no formal organizational structure, depending on the personal relationships of the principals and employees to organize the work. Medium-sized firms with 5 to 50 employees are often organized departmentally in departments such as design, production, business development, and construction administration. Large firms of over 50 people may be organized departmentally, regionally, or in studios specializing in project types.

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The Value of an Architect

Here are some reasons why you need to hire an architect:

5 REASONS TO HIRE AN ARCHITECT

1. Value Added through Design: A thoughtful, responsive, and artistic design will create more value than anything else you can do. This is often referred to as the intellectual investment. You can throw as much money as you like at the materials, furniture, appliances, etc., but if the project is not well designed, it will never reach its full potential in value or in your ability to enjoy it.

2. Quality of Life: A house is composed of many elements that make for a comfortable and inspiring place to live. The owner’s personal preferences, taste, interests, and living patterns should be part of the design. The context is very important: how does a house live in its setting; how are the views enhanced; how is privacy protected; how does it interact with the yard features? The proportions of room sizes and ceiling heights make the difference between elegant and clumsy and are critical to how a house feels. The sequential flow of space goes hand in hand with living patterns. All of these considerations -and more- go into a good design. A good design also offers other benefits.

3. Avoiding the Nightmare: Design is more than how a building looks and lives. An architect has been trained to understand the cross discipline of trades and crafts that it takes to put a building together successfully, incorporating all of the many components of construction together so it functions properly, too. There are many subspecialists involved, and it is the architect that orchestrates the process. For example, structure, heat and air conditioning, plumbing, electrical and lighting, sometimes sophisticated lighting controls, waterproofing, and materials of all types have to be coordinated so they work properly, don’t conflict with each other, and don’t appear as an afterthought. So often these important components are left to the contractor to resolve during construction, and that is usually where the “nightmare” occurs.

4. Getting What You Pay For: Remember, the architect is making sure the design you have seen on paper is what is being built. Many think that once the drawings are done the contractor should be able to build the project, but there’s often a hitch. Sometimes there are easier ways to accomplish the construction of a project, but it may compromise the longevity, function or visual appeal of the building. Your architect has a vested interest in creating attractive buildings that last. The architect can be an objective decision maker, with knowledge of construction methods and the intent of the drawings. Since the contractor and architect speak the same language, difficult situations can be resolved professionally…often sparing the owner sleepless nights.

5. Return on Investment: The investment in a house is typically a minimum of five years. Upon sale, its value will usually cover any upfront investment made in the architect (and sometimes much more). It is all about quality of the design and how your house distinguishes itself.  Your home should be an investment in your life and your portfolio. Invest at the beginning by selecting a qualified architect and the dividends will continue to pay back.
By Richard Skinner.

Skinner, R. (May/June 2012). The value of an architect. Arbus, 17(6), 28-30.

More reasons to hire an architect:

• Architects can add value to your project by understanding and designing what you need – no more no less. This process of efficiency saves you money.
• Architects can monitor your budget and negotiate to get the best workmanship and materials at a good price. This prevents large overuns of cost and time.
• Architects can reduce your energy and maintenance costs. Energy costs will only continue to rise. Invest now by building for maximum energy efficiency and your home will pay you dividends every year.
• A talented architect can turn a difficult lot into a successful building site
• Architects spend time planning and developing your ideas to help avoid changes once construction is underway.
• Architects understand local codes and climatic conditions – plan books and internet designs do not. Plan books do not take advantage of the path of the sun and other passive heating and cooling strategies. Plan books are generic and do not include information to address the high wind zone requirements of the coastal towns in our area.
• Architects can offer ideas and solutions you may have never thought of on your own.
• Architects can help ensure what was designed and specified is actually built during construction by monitoring the construction process. An architect acts as a fiduciary when they are retained for services during construction.
• Architects can help you stay within your budget, can make sure your functional needs are met, and can help you deal with the stress of construction.
• Architects can help you get a better "design" which could result in a higher resale value.
• Architects are trained problem solvers.
• Architects are experts on new building materials and construction techniques. Construction today can be extremely complex. Owner's are well served by an architect who can help steer them through the many decisions and options.
• Architects see the big picture and help you get there with the least amount of work and minimal disruption. They help you avoid pitfalls and can even plan for future expansion.
• It will cost you more to build without an architect.

source: http://www.vernott.com/architect.html

And why do you need an architect for your house?

A beautifully designed home and a satisfied homeowner are the most gratifying goals at the heart of an architect’s work. A good architect has the talent and ability to see the big picture, to glean the most potential out of a property, and to thoughtfully interpret a client’s aspirations. Architects are trained problem-solvers, and the value of an architect lies in her ability to find the delicate balance between program, construction and cost, in essence to find just the right harmony between pragmatism and aesthetic beauty.

When homeowners and their architect can communicate well, when the architect knows how to listen and interpret their dreams and how to thoughtfully educate and guide the homeowner through the process, the value of the architect’s services is immediately understood. The architect is at the helm, working towards giving clients choices and options, helping them to prioritize their wish list, and giving an experienced opinion as to where to compromise in order to maximize the financial investment.

The challenges of a residential building are as profound as those of a large commercial project, but in a very different way. A site can be complicated in terms of zoning or terrain and a program should be distinctive and authentic to a family’s lifestyle. An architect can be experimental and the house can be a testing ground for ideas yet the project should always be guided by the needs and expectations of the client. When designing a custom residence there are and always should be, challenges to the architect’s creativity. The house must have a sense of being well thought out, with a sense of scale and purpose. The house is at the heart of a family’s emotional life and its memories; it’s a nurturing place and a place of refuge. A beautifully scaled and proportioned house can be a source of great joy to its users.

source: http://www.waingrow.com/value-of-an-architect/

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Tutorials for Rules 7 & 8 of the NBCP

Due to numerous requests, a third session for tutorials on Rules 7 and 8 of the Revised IRR of the NBCP will be conducted by Ar. Rey S. Gabitan on January 4, 2015. Most of the questions in Day 2 of the Architecture Board Exams focuses on computations to determine the applicable development controls especially the AMBF, PSO, TOSL, ISA, USA, MACA, GFA, FLAR, TGFA and possibly AMVB.

The tutorials will also cover some estimating and the sample questions will be examples of recent board exam questions.

For more info, text or call: 0949-8304537 or email to orbisccd@yahoo.com or orbis.ccd@gmail.com.

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