PRC Modernization Act: Architecture Law

Module 3: Related Professional Practice Laws

• Module focus is on relevant provisions affecting architectural practice from the PRC Modernization Act of 2000, the Civil Code, and the Intellectual Property Code of the Philippines.
• Students are expected to explain the importance and impact of these laws on architectural practice.

Republic Act No. 8981: PRC Modernization Act of 2000

• This act modernizes the Professional Regulation Commission (PRC).
• It repeals Presidential Decree No. 223, which created the PRC and prescribed its powers, functions and responsibilities.
• The Act is titled the "PRC Modernization Act of 2000."
• It recognizes the role of professionals in nation-building
• It promotes the development of professionals with credible competence via licensure exams and internationally recognized standards.

Professional Regulation Commission

• A three-person commission is formed, referred to as "The Commission".
• It is attached to the Office of the President for direction and coordination.
• The Commission has one full-time Chairperson and two full-time Commissioners.
• Appointed by the President for a 7-year term, with no reappointment.
• Vacancy appointments only cover the unexpired term.
• At the expiration of the Chairperson's term the most senior Commissioner temporarily takes over until a permanent Chairperson is appointed.
• The Chairperson or Commissioner must be at least 40 years old.
• They must hold a valid professional license/certificate and be familiar with professional regulation methods.
• They must have at least 5 years of executive or management experience.
• At least one Commissioner must be a past Chairperson/member of a Professional Regulatory Board.
• The Chairperson and Commissioners function as a body to exercise administrative, executive and policy-making functions.
• The Commission is tasked with establishing high standards for admission into professions.
• It ensures the integrity of licensure examinations.
• The Chairperson acts as the presiding officer in meetings.
• They serve as the chief executive officer, responsible for policies and programs for the Commission's administration.
• They perform other activities for the effective exercise of the Commission's powers and responsibilities.
• The Chairperson receives compensation equivalent to a Department Secretary.
• Commissioners receive compensation equivalent to an Undersecretary.
• Retirement benefits are provided under Republic Act Numbered Fifteen Hundred and Sixty Eight, as amended by Republic Act Numbered Three Thousand Five Hundred and Ninety Five.
• The powers, functions, and responsibilities of the Commission include:
  • Administering and enforcing regulatory policies for professions, including maintaining standards and ethics.
  • Making contracts, rules, regulations, and issuing orders for implementing functions and improving services.
  • Reviewing and approving policies by Professional Regulatory Boards.
  • Administering licensure examinations, fixing dates and places, and using buildings for examinations.
  • Conducting more than one licensure exam per year, with at least one on weekdays.
  • Requiring refresher courses for examinees failing three times.
  • Adopting measures for exam integrity, appointing supervisors, and publishing the list of successful examinees.
  • Providing schools with sample test questions and syllabi.
  • Penalizing examinees for violating exam rules.
  • Admitting successful examinees to practice, entering names in the registry, and issuing certificates/licenses.
  • Issuing professional identification cards upon payment.
  • Issuing endorsement certificates to marine officers.
  • Having custody of records, including exam papers and administrative cases.
  • Determining fees for examinations, registration, and other services, subject to approval by the Office of the President.
  • Appointing and managing Commission personnel, subject to Civil Service laws.
  • Recommending licensed professionals for appointment to Professional Regulatory Boards.
  • Approving registration and issuing certificates/licenses to foreigners registered under their country's laws.
  • Authorizing special temporary permits to foreign professionals under reciprocity agreements.
  • Supervising foreign nationals practicing in the Philippines to ensure compliance.
  • Monitoring school performance in licensure exams and publishing results.
  • Adopting a rating system for universities based on board exam performance.
  • Exercising administrative supervision over professional regulatory boards.
  • Computerizing licensure examinations and other Commission operations.
• The Commission can investigate administrative matters involving its officers and employees.
• It can also investigate members of Professional Regulatory Boards for misconduct, neglect of duty, or irregularities in exams.
• It can issue summons, subpoena, and subpoena duces tecum for investigations.
• It can hold individuals in contempt with court approval.
• It can request assistance from government agencies.
• It can investigate unauthorized practice of regulated professions and forward cases to the prosecutor's office, with legal services of the Commission prosecuting the cases.
• The Commission prepares an annual report of accomplishments for Congress.
• The Commission can create regional offices to carry out its functions.
• The various, professional regulatory boards shall retain the following powers, functions and responsibilities:
  • Regulating the practice of professions according to their laws.
  • Monitoring profession conditions and taking measures for enhancement, including inspections of relevant establishments with deputized employees
  • Hearing and investigating cases, issuing summons, subpoena and subpoena duces tecum.
  • Delegates the hearing or investigation of administrative cases except in cases where the issue or question involved strictly concerns the practice
  • Conducting summary proceedings on minor violations and rendering judgments.
  • Recommending registration without examination and issuing certificates/IDs.
  • Suspending, revoking, or reissuing certificates/licenses after due process.
  • Preparing syllabi for examinations; determining questions and scoring papers.
  • Submitting exam results and determining passing rates.
  • Preparing annual reports.
  • Members of Professional Regulatory Boards receive compensation lower than Commissioners. The Chairperson of the Board receives slightly higher compensation than the members.
  • They shall also be entitled to other allowances and benefits provided under existing laws.
  • Only individuals holding valid certificates of registration and professional licenses can teach subjects for licensure examinations.
• Law enforcement agencies must assist the Commission or Regulatory Boards in enforcing regulatory laws.
• The amount necessary to carry out the initial implementation of this Act shall be charged against the current year's appropriations of the Professional Regulation Commission.
• The Commission can use income up to P45,000,000.00 per year for five years to computerize operations following accounting and auditing requirements.
• Persons manipulating exam results or leaking questions face imprisonment (6-12 years) or fines (P50,000 - P100,000), or both.
• If the offender is a PRC officer or regulatory board member, they are removed from office and perpetually disqualified from public office and will suffer the previous penalties mentioned
• Accomplices face imprisonment (4-6 years) or fines (P20,000 - P49,000), or both.
• Accessories face imprisonment (2-4 years) or fines (P5,000 - P19,000), or both.
• Heads of government agencies or private institutions violating Section 7 – Subparagraph (1) face imprisonment (6 months and 1 day - 6 years) or fines (P50,000 - P500,000), or both.
• The PRC, Regulatory Boards, DBM, and CHED prepare implementing rules within 90 days of the Act's approval.
• The incumbent Commissioner and Associate Commissioners serve as Chairperson and Commissioners, respectively. The incumbent Executive Director serves as Assistant Commissioner.
• If any provision is declared invalid or unconstitutional, the rest of the Act remains in effect.
• Republic Act No. 546, Presidential Decree No. 223, as amended, Republic Act No. 5181, and Executive Order No. 266, Series of 1995 are repealed.

Presidential Decree No. 223

• It created the Professional Regulation Commission and prescribed its powers and functions.
• It states that the regulations of professions are extensive.
• It notes that Board of Examiners has been miscontrued to just be an examining unit, and this decree clarifies their regulatory and supervisory roles.
• Ferdinand E. Marcos created this decree to effectively enforce profession regulation laws.
• A three-man Commission, known as the Profession Regulation Commission, is created and attached to the Office of the President for general direction and coordination.
• The Commission is headed by one full time Commissioner and two full time Associate Commissioners.
• Commissioner compensation is P48,000 annually with P500 for transportation and representation.
• Associate Commissioners receive P36,000 with P350 for transportation and representation.
• Powers of the Commission:
  • Administer and enforce regulatory policies and licensing of professions.
  • Perform acts, enter contracts, and issue rules and regulations.
  • Review, coordinate, integrate, and approve policies and decisions of Boards.
  • Administer licensure examinations and appoint supervisors.
  • Maintain a register of authorized practitioners and issue certificates.
  • Have custody of records.
  • Determine and fix fees.
  • Appoint Commission officials.
  • Submit nominees for Board appointments.
  • Approve registration of foreigners.
  • Supervise foreign nationals practicing in the Philippines.
  • Prescribe collegiate courses.
  • Exercise supervision over Boards.
  • Promulgate rules and regulations.
  • Perform necessary functions.
• Various boards retain powers and functions to:
  • Look into conditions affecting practice.
  • Investigate violations.
  • Delegate the hearing of administrative cases
  • Promulgate decisions on administrative cases
  • Issue certificates subject to review by commission
  • Determine contents of licensure examinations
  • Determines the passing rating based on commission policies
• Names of the various Boards shall be changed by the Commission by deleting the word "Examiners."

Civil Code of the Philippines

• Pertains to property, ownership, and its modifications.

Classification of Property

• Immovable (real) property and movable (personal) property are the two categories considered.

Immovable Property

• Includes land, buildings, roads, and constructions adhered to the soil.
• Trees, plants, and growing fruits attached to the land, and anything fixed which cannot be separated without damage.
• Statues, reliefs, and paintings intended to be permanently attached to buildings
• Machinery intended for industry on a tenement.
• Animal houses intended to be permanent.
• Fertilizer on a piece of land.
• Mines, quarries, and waters.
• Docks intended to remain fixed.
• Contracts for public works and servitudes.

Movable Property

• Includes items susceptible to appropriation not included in the immovable property list.
• Real property, which is considered personalty by law.
• Forces of nature under control.
• Items transported without impairing real property.

Personal Property

• Obligations, actions, shares of stock.
• Movable property is either consumable or nonconsumable.
• Property may be classified as public dominion or private ownership.

Property of Public Dominion Includes

• Roads, canals, rivers, ports and bridges constructed by the State.
• Property belonging to the State but not for public use.
• All other property of the State which is not of the character stated in the preceding article, is patrimonial property.
• Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State.
• Property of the provinces, cities, and municipalities is divided into property for public use and patrimonial property.
• Includes provincial and municipal roads, city streets, squares, fountains, and public works.

Property of Private Ownership Includes

• Property belonging to private persons.
• The terms "immovable things" or "movable things", shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2.

Ownership

• The owner has the right to enjoy and dispose of a thing, within legal limitations.
• The owner has the right to take action against the holder and possessor of the thing in order to recover it.
• The owner can exclude others from enjoyment and use reasonable force to prevent unlawful physical invasion.
• Every owner may enclose or fence his land
• A thing cannot be used to injure a third person.
• Interference can be permitted to avert greater danger.
• Actual possession under claim of ownership raises presumption of ownership.

Republic Act No. 8293: Intellectual Property Code of the Philippines

• It establishes the Intellectual Property Office (IPO).

State Policy

• The State recognizes that an effective intellectual and industrial property system is vital to domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products.
• The State secures the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.
• The State promotes the diffusion of knowledge and information for the promotion of national development and progress and the common good.
• It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. (n)

International Conventions

• Any person who is a national or who is domiciled in a country which is a party to any intellectual property rights, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act.

Course Materials

• Consist of the legal documents mentioned in the module.