MAPUA INSTITUTE OF TECHNOLOGY

SCHOOL OF AR-ID-BE
S.Y. 2015 2016

PROFESSIONAL PRACTICE 1:

THE SIGNIFICANT ROLE OF

LEGISLATION IN PROFESSIONAL
PRACTICE AND THE BUILDING
INDUSTRY

SUBMITTED BY:

ONG, CHRISTINE JOYCE P. ONG

2013121206

SUBMITTED TO:

ARCH. DELUMEN

JUNE 16, 2016

THE SIGNIFICANT ROLE OF LEGISLATION IN PROFESSIONAL PRACTICE AND
THE BUILDING INDUSTRY

Laws according to the Merriam Webster dictionary is the system of rules that a
particular country or community recognizes as regulating the actions of the members
and may be enforced by the imposition of punishments or penalties. Laws or statutes
are created to keep things together and functioning as one to be able to provide peace
and safety among the countries citizen. It provides ways to resolve conflicts and
disputes and also it sets certain standards for the people to put in mind and obey. Laws
are created to promote order and provide justice, fairness and equality for each person
rich or poor. It lessens chaos and misunderstanding among citizens and is very vital for
our country to function.

It is essential for as to be govern by laws and regulations especially in

professional practice and building construction. It provides limitations and sets
parameters for up to what extent our freedom is allowed in our field of practice. Also it is
very necessary that professionals are given boundaries and standards so that equality
is observed among the work force and fair treatment and judgment is given to each and
every one from the higher ups down to the laborers. Observing and practicing in
accordance with the law helps lessen conflicts and keeps a good professional
relationship with clients and other people. Through the set standards and limitations we
can also ensure the safety of the people and we can create beautiful, sound and safe
buildings.

Legislation is significant to professional practice because it helps to ensure that

we are protected personally and also our properties and belongings from injuries and
damages. For example the national building code of the Philippines states that
All buildings or structures as well as accessory facilities thereto shall conform in
all respects to the principles of safe construction and must be suited to the purpose for
which they are designed (P.D. 1096, 1977).
Also in the practice if people properly observe the law we can have a smooth sailing
business with one another because through the compliance of the present laws and
codes we can formulate the best agreement and contracts one example of this is the
CIAP Document 102 or the Uniform General Condition of contract for Private
Construction . If the legislations are not given importance a fair and just contract cannot
be made and the owner and the architect or anybody might take advantage of one

another given that they have the knowledge of the field. Laws and codes keep the
relationship among the people involved in the business professional and it guides them
to follow a certain standard in practice and construction as well as the contract that is
entailed. Also laws are important because it guards and guides the architect in the field
to be compensated with the right amount of income/ salary that he/she deserves and if
ever the one who shall pay didnt give back the corresponding amount that is needed
he/she can file a case against the other so that his/her efforts for the project can be paid
with the corresponding amount that is given by the laws. It is stated in the Architecture
Act of 2004 that
Drawings and specifications and other contract documents duly signed,
stamped or sealed, as instruments of service, are the intellectual property and
documents of thr architect, whether the object for which they are made is executed or
not. It shall be unlawful for any person to duplicate or to make copies of said documents
for use in the repetition of and for other projects or buildings, whether executed partly or
in whole, without the written consent of architect or author of said documents (R.A.
9266, 2004).
It helps the architect secure his/her plans and not let anyone copy or reproduce it. Also
transactions between the buying and selling of construction materials and other
equipment can be conducted smoothly in the professional practice and building
construction. Illegal and substandard materials can be avoided and those that sell them
can be fined or can be jailed like the law R.A. 455 or the Illegal Importation of
Merchandise. Statutes also help protect our national heritage and those important
structures and design that is aged through generations and generations. Last but not
least, legislation is significant in the professional practice and building construction
because it ensures that only duly registered and licensed architects are the one that is
practicing in the field, also it guarantees that his/her subordinates are licensed too or if
not an architect they are properly taught about their fields involved. Also it safeguards
our Pilipino architects their right to practice in our own land and not be over powered by
the architects with foreign blood likewise it is stated in the Architecture Act of 2004 that
No person shall practice architecture in this country, or engage in preparing
architectural plans, specification or preliminary data for the erection or alteration of any
building located within the boundaries of this country or use the title "Architect," or
display or use any title, sign, card, advertisement, or other device to indicate such
person practices or offers to practice architecture, or is an architect, unless such person
shall have received from the Board a Certificate of Registration and be issued a
Professional Identification Card in the manner hereinafter provided and shall thereafter
comply with the provisions of this Act.
A foreign architect or any person not authorized to practice architecture in the
Philippines, who shall stay in the country and perform any of the activities mentioned in
Sections 3 and 4 of this Act, or any other activity analogous thereto, in connection with

the construction of any building/structure/edifice or land development project, shall be

deemed engaged in the unauthorized practice of architecture (R.A. 9266, 2004).
With this assurance that they are registered and licensed and has the required
knowledge and information we can be sure that the building construction will be safe
and sound for occupancy. Also because we have standard just like the national building
code of the Philippines people can be certain that what they have invested to will not
collapsed or will not cause them danger because of fire and other disastrous elements
because it is design in accordance to standards and is computed to be suitable to the
occupants of the structure and if ever there would be damages the person in charge of
construction is liable as stated in the Civil Code of the Philippines Section 1723
The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the 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 (R.A. 386, 1949).

Without these laws professionals will only listen to their own instincts and their
variety of opinions and standards will not be observed. It is best that we have this
legislations so that we, our family and the citizens of the society can be treated fair and
just especially when construction and designing is involved.

REFERENCES:

The National Building Code of The Philippines 1977, s 104 (1)

The Architecture Act of 2004, s 25,33
Civil Code of the Philipines 1949, s 1723 (a)