Prof Prac 1 - Legal Aspect of the Practice

Professional

A person who possesses specialized knowledge, skills, and training in a particular field and is expected to adhere to ethical standards, competence, and responsibility in the practice of their profession.

1978

The year when PRC started accrediting professional organizations.

PALA

The accredited professional organization of landscape architects in the Philippines.

Accreditation

The PALA assists in raising standards of education through ________ of Landscape Architecture programs in colleges and universities in the Philippines.

7 years

How many years is a term of the full-time chairperson and commissioners of PRC (as appointed by the President)?

Full

PALA gives ______ membership to registered landscape architects

Honorary

PALA gives ______ membership to:
(1) those with related academic background, (2) have been practicing landscape architecture, (3) made significant contributions to the association and the profession, and (4) have shown exemplary proficiency in their work.

Full-time Associate Commissioner

PRC is headed by a full-time Chairperson and two other officials, each serving a term of seven (7) years.

Presidential Decree No. 223

This decree established the PRC in June 22, 1973.

Republic Act No. 8981

This law, also known as the PRC Modernization Act of 2000, repealed PD 223 to modernize the agency.

Republic Act No. 386, Articles 1713 - 1731

Under the Civil Code of the Philippines, this section contains the articles governing the Contract for a Piece of Work, where one party undertakes to execute a specific work for another in exchange for compensation, defining the rights, obligations, liabilities, warranties, and responsibilities of contractors, architects, engineers, and project owners.

Republic Act No. 386, Article 1715

This law states that if a contractor’s work does not meet agreed quality, the employer may require that the contractor remove the defect or execute another work.

If the contractor fails or refuses to comply with this obligation, the employer may have the defect removed or another work executed, at the contractor's cost.

Contractor

Under Republic Act No. 386, Article 1723, The _______ is also liable for damages if the building falls within a 15 years period. This applies if the collapse is due to construction defects, the use of inferior materials, or any violation of the contract terms.

15

Under Republic Act No. 386, Article 1723, If the professional drew up the plans and specifications for a building, they are liable for damages if the structure collapses within ______ years from its completion due to a defect in those plans, specifications, or the ground

Republic Act No. 386, Article 1723

This law states that if the engineer or architect also supervises the construction, they will be held solidarily/jointly liable with the contractor.

Republic Act No. 386, Article 1723

Under the Civil Code of the Philippines, it establishes the legal liabilities of engineers, architects, and contractors for damages caused by the collapse or defects of a building or structure.

Republic Act No. 9053

This Act shall be known as the "Philippine Landscape Architecture Act of 2000." that regulates the practice of landscape architecture in the Philippines, appropriating funds therefore and for other purposes. Passed into law by march 30, 2001.

Article 2, Section 2.

In RA 9053, this section outlines the “Scope of the Practice of Landscape Architecture”.

Landscape Architect

This refers to a natural person qualified to practice Landscape Architecture and who has been issued a valid certificate of registration/professional license and a valid professional identification card as such by the Board of Landscape Architecture created under RA 9053 and the Professional Regulation Commission.

PALA

PRBoLA shall be composed of a Chairperson and two (2) members to be appointed by the President of the Philippines from a list forwarded by the Commission.

Such a list shall have five (5) nominees for each position, chosen, ranked in the order of preference and submitted by whom?

35

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must be:

• a natural-born citizen and a resident of the Philippines

• at least ______ years of age

Commission on Higher Education (CHED)

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must be “a holder of the degree of Bachelor of Landscape Architecture or its equivalent, conferred by a school, academy, college or university in the Philippines or abroad that is recognized and/or accredited by the _________.

Ten (10)

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must be a registered Landscape Architect with a valid certificate of registration/professional license and an active practitioner of Landscape Architecture for not less than ____________ years prior to appointment, except the first Chair and members of the Board who shall be issued with the said certificate/license pursuant to this Act.

Three (3)

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must not, for a period of ______ consecutive years prior to appointment, be a member of the faculty of any school, academy, institute, college or university where a regular course in Landscape Architecture is being taught, nor have pecuniary interest in or administrative supervision over, any such institution of learning.

Three (3)

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must not, for a period of ______ consecutive years prior to appointment, be connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examination are offered or conducted at the time of appointment.

Moral turpitude

On the qualifications of the members of the board (RA 9053, Art. 3, Sec. 4), a member of the board must have never been convicted of any crime involving ____________.

PALA

On the qualifications of the members of the board (IRRPLA), a member of the board must be a member in good standing of ____________.

Three (3) - Successors

The members of the Board shall hold office for a term of ________ years after their appointment or until their __________ shall have been appointed and qualified.

Compensation

The Chairperson and members of the Board shall receive ___________ comparable to what is received by existing regulatory boards with the Commission in accordance with RA 8981.

Vacancy

Any __________ occurring in the membership of the term of a member shall be filled for the unexpired portion of the term only

President

After commission’s recommendation and investigation, the _______ may remove any member of the Board.

Member of the Board

The President may remove any ____________ for:

(a) Neglect of duty or incompetence

(b) Violation or violence tolerance of RA 8981 or the Code of Ethics for Landscape Architecture

(c) Final judgment of any criminal offense

(d) Manipulation or rigging of the Landscape Architecture licensure examination results, disclosure of secret and confidential information on the examination questions prior to the conduct of the said examination or tampering of grades.

The Commission

The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval of _________.

70% - 60%

To be qualified as having passed the Board examination for Landscape Architects, a candidate must obtain a weighted general average of ______________, with no grades lower than ___________ in any given subject.

Oath of Profession

All successful candidates in the examination shall be required to take an __________ before the Board or any government official authorized to administer it, prior to the practice of the Landscape Architecture profession.

Seal

A duly licensed Landscape Architect shall affix the _________ approved by the Board on all plans, drawing, specifications and all other contract documents prepared by or under his/her direct supervision.

Written Consent

Drawings and specifications duly signed, stamped or sealed as instruments of service are the property and documents of the Landscape Architect, whether the project for which they were made is executed or not. No person without the __________ of the Landscape Architect or author of said documents shall duplicate or make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole.

Signed and sealed

All drawings, specifications and other documents to be used for the construction, renovation or refurbishing of landscape works shall be ____________ by a licensed Landscape Architect.

Board

The _______ shall have the power, upon due notice and hearing, to revoke or suspend the certificate of registration/professional license of a Landscape Architect, given violation.

80%

At least __________ of the members of a proposed partnership, association or corporation related to LA Practice must be properly registered/licensed as Landscape Architects.

Automatically

A Landscape Architect duly registered with the Board shall ___________ become a member of the integrated national organization and shall receive the benefits and privileges provided for in this Act upon payment of the requirement fees and dues. Membership in the integrated organization shall not be a bar to membership in other associations of Landscape Architects.

Foreign Reciprocity

RA 9053, Section 29 States that unless the country of which a foreign landscape architect is a subject or citizen specifically permits Filipino Landscape Architects to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country, they shall not be registered and issued certificate of registration/professional license to practice (including consultancy) in the Philippines.

Temporary/Special Permits

Foreign landscape architects may secure a ______________ from the board (subject to PRC and DOLE Approval) to perorm professional services, given valid purpose and the ff. grounds:

• Rule of foreign reciprocity met

• They are legally qualified to practice LA in their country

• They work with a Filipino counterpart

• Have obtained DOLE employment permit

Title

No one is allowed to practice Landscape Architecture in the Philippines or use any __________ with terms suggesting work of a landscape architect unless issued with a certificate of registration, professional license, or a temporary/special permit.

Six (6) - Three (3)

Illegal practice of landscape architecture is penalized with a fine ranging from 50,000 to 200,000, imprisonment ranging from ______ months to ______ years, or both under court’s discreation.

Deportation

Illegal practice commited by a foreign individual is immediately penalized with ________ after payment of fine or service of sentence without any further proceedings.

Landscape Architecture

The functional, orderly, and esthetic arrangement, changing, and development of natural scenery and land areas to produce the most desireable effect for human use and enjoyment of vaious outdoor spaces which consists of hardscape components and the softscape of plants; the protection, conservation, and rehabilitation of the natural environment and scenery to enhance the ecological system and quality of life.

Practice of Landscape Architecture

The act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly, and esthetic arrangement, changing, and development of natural scenery and land areas to produce the most desireable effect for human use and enjoyment of vaious outdoor spaces which consists of hardscape components and the softscape of plants; the protection, conservation, and rehabilitation of the natural environment and scenery to enhance the ecological system and quality of life.

Scope of the Practice of Landscape Architecture

Gardens, sports fields, playgrounds, recreational grounds, camping sites, resorts, national and public parks, historical parks, squares, memorial parks, subdivisions, parks and parkways, zoological and botanical gardens, greenbelts, cemeteries, plazas, patios, yards, outdoor shopping and pedestrian malls, promenades, sidewalks, roads and walkway systems, traffic islands, easements and circles, roof and open interior gardens and courts, and other open spaces.

En banc - quorum - majority vote

In the promulgation of decision and orders in administrative cases which are not interlocutory, or in the adoption of the rule, regulation or policy implementing the other provisions of RA 9053, the board shall meet __________________, deliberate on matters before it and thereafter, vote personally. Decision remains subject to Commissio’s approval.

The presence of two members constitute a ________________ and the vote of two members shall constitute a ___________.

Chairperson

The ___________________ represents the board in meetings and official transactions.

Absence

In ___________ of the chairperson, the senior member or a member designated by the chairperson repesents the the board in meetings and official transactions.

Written Permission (Commission Chairperson)

This is required when the board moves to bring out papers, records, and documents outside the commission premises.

Board’s Chairperson

Matters requiring action which are ministerial in nature shall be done and made by the ________________.

Annual Report

On or before every December 15th of each calendar year, the board shall submit an _____________ to the President, through the commission. This contains the accomplishments and recommendations for LA practice in the country.

20 - 5

For a graduate of baccalaureate degree in Architecture from academic institution to qualify for LALE, at least ______ units of landscape architecture design courses or _____ years in the field of landscape architecture is required.

40 - 5

For a graduate of baccalaureate degree in Horticulture from academic institution to qualify for LALE, at least ______ units of landscape architecture design courses or _____ years in the field of landscape architecture is required.

City of Manila

The licensure examinations for landscape architecture shall be held at least once a year in the ________________ and in other places as may be determined by the board and approved by commission.

30

The board shall issue a program for every scheduled examination not later than ________ days before the first day of the exam.

Amend/change

The board can _____________ the exam subjects and their syllabi to conform with knowledge advancements.

Removal examination

A n examinee who obtains the required general weighted average of 70% or higher, but obtains a rating below 60% in any given subject must take a __________________ in the subject(s) they failed.

Two (2)

The removal examination must be taken within ______ years from the date of last examination.

Entire board examination

Examinees must retake the __________ if they failed the removal exam.

One (1)

An examinee who fails to pass the examination for the third time shall be allowed to take another examination only after __________ year has lapsed from the last examination failed.

Roll of Landscape Architects

Upon complying with all the requirements for registration, the landscape architect shall sign the ________________ maintained by the commission and shall be issued the certificate of reg/professional license upon payment of fees.

Three (3)

the professional ID card shall be valid for a period of _____ years. and shall be renewed on the birthdate and month of the landscape architect.

Deferment

Lifting of __________ of registration allows the examinee to register.

Reinstate - Two (2)

The board may, for reasons of equity and justice, ____________ a revoked certifcate of registration/professional license. The appeal may be files after atleast _______ years from the date of actial revocation.

Certificate of registration

Upon payment of prescribed fees, a new ______________ may be issued to replace any lost, burned, destroyed, or mutilated certificate.

Conviction - found guilty - fraud/deceit

Some of the grounds for the suspension and revocation of certificates:

• _________ by a final judge of a court of competent jurisdiction of any crime involving moral turpitude.

• Having been _____________ of immoral and dishonorable conduct.

• Use or perpetration of any __________ in obtaining a certificate of registration.

Judicially

Some of the grounds for the suspension and revocation of certificates:

• Having been __________ declared as of unsound mind.

• Gross negligence

• Unprofessional, unethical, or dishonorable conduct.

drugs - substance - abetment -

Some of the grounds for the suspension and revocation of certificates:

• Chronic inebriety

• Habitual use of ____ and _________ abuse.

• ______________ of the illegal practice of Landscape Architecture

• Violation of RA 9053, IRRPLA, Code of Ethics.

Commission (legal or hearing officers)

The board will be assisted by ______________________ in the investigation of administrative cases filed before it.

Rules and Regulations Governing the Regulation and practice of Professionals (Commission)

The conduct of and the procedures in an investigation initiated by ir filled before the board against an examinee or landscape architect shall be governed by the pertinent provision of the ________________________.