Types and Sources of Law

Study Notes

Divine Law: Based on religion and faith.
Natural Law: Inspired by a sense of justice, fairness, and righteousness, not through revelation.
Moral Law: Collective norms about right and wrong conduct within a community.
State Laws: Promulgated and enforced by the government.
Physical Law: Uniformities and sequences observed in nature’s actions.

The Constitution: The 1987 Constitution of the Philippines.
Administrative Orders: Orders, regulations, and rulings from the executive branch.
Judicial Decisions: Also known as jurisprudence, these are rulings from the courts.
Legislation: Laws passed by the legislative branch.
Customs: Traditions and practices with legal force.
Other Sources: Including international treaties and agreements.

Short Title: Architecture Act of 2004.
Purpose: Comprehensive regulation for the registration, licensing, and practice of architecture in the Philippines.
Repeals: Repeals RA 545, the previous law regulating architecture.

Architecture: The art, science, and profession of planning and constructing buildings, considering their environment, with principles of utility, strength, and beauty.
Architect: A licensed, registered, and qualified professional with a Certificate of Registration and professional identification card issued by the PRBOA and PRC.
Architect of Record: Responsible for the overall design, including Civil Liability for the plans signed and sealed.
Architect-in-Charge of Construction: Responsible for supervising the building's construction.

Scope: Planning, designing, structural conceptualization, specifying, supervising, and administering the construction, enlargement, or alteration of buildings.
Coordination: Orderly process to produce a complete building.
Structural Conceptualization: Conceiving, choosing, and developing structural elements with considerations for safety, cost, functionality, and aesthetics.

Architectural Firm: A registered proprietorship, partnership, or corporation.
Professional Regulatory Board of Architecture (PRBOA): Responsible for regulating the profession.
Professional Regulation Commission (PRC): Governing body responsible for professional licensing.
Integrated and Accredited Professional Organization of Architects (IAPOA): Example: UAP (United Architects of the Philippines, Inc.)
Continuing Professional Development (CPD): Professional development requirements.
Department of Trade and Industry (DTI): Government agency responsible for trade and industry.
Securities and Exchange Commission (SEC): Governing body for corporations and securities.
Department of Labor and Employment (DOLE): Government agency responsible for labor and employment.
Registered and Licensed Architect (RLA): Architect with a license and registration.
Code of Ethical Conduct: Norms and principles for ethical practice in architecture.

Components: General Conditions, Special Provisions, Drawings, Specifications, and Other Bid Documents.

Copyright: Legal protection for original works of authorship.
Diversified Architectural Experience: Two years of experience required before taking licensing exams.
Filipino Counterpart: A local architect must collaborate with a foreign architect on projects in the Philippines.
Sole Proprietorship: An individual architect practicing and providing architectural services, registered with DTI, PRBOA, and PRC.

Composition: One chairman and two members appointed by the President.
Appointment Process: PRC and IAPOA submit a list of nominees, the President appoints from a list of three recommendees.
Current Members: Chairman: Robert S. Sac; Members: Robert M. Mirafuente, Fidel Jose R. Siapno.
Qualifications: Filipino citizen, BS Arch degree, Certificate of Registration and Professional Identification Card, 10 years of active practice, not a faculty member in any BS Arch school.
Former Teachers: Must have officially resigned from teaching for at least five years prior to nomination.
Other Requirements: No criminal convictions, not an elected officer of IAPOA or other organizations of architects.