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PPR 130 1

UNIVERSITY OF NORTHERN PHILIPPINES (UNP)

COLLEGE OF ARCHITECTURE

CLASS : BS ARCH 3
SUBJECT : PPR 130 – Professional Practice 1
LAWS AFFECTING THE PRACTICE
OF ARCHITECTURE

PROFESSIONAL * COMMITMENT* DEDICATION* INTERGRITY

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WEEK 15 LECTURE – DISCUSSION
4.0 Contractor’s Law-CIAP Documents 101 and 102. Familiarization with
relevant planning laws and building-related contracts.
4.1 EO 1008 - Construction Arbitration Law
4.2 APEC - Asia-Pacific Economic Cooperation
4.3 RA 455 - Civil Engineering Law
4.4 RA 9285 - Alternative Dispute Resolution Law
4.5 (IRR) RA 9184 – Government Procurement Policy Board
Build-Operate-Transfer (BOT) Law. Familiarization with the
Government Procurement Act.
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WEEK 16 QUIZ NO. 4 – Learning Assessment (Course Facilitator Evaluation)
It is the summarize contents of the subject matters from lecture
module program.
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WEEK 17 4.6 RESEARCH REPORT NO.2 (RR2) THE TEXTBOOK
LECTURE – DISCUSSION ; Familiarization with the environmental Laws.
4.7 The Clean Air Act (Familiarization with the Environmental Laws).
4.8 The Water Code (Familiarization with the Environmental Laws).
4.9 HLURB Guidelines ( Familiarization with the Planning Laws).
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WEEK 18 FINAL EXAMINATION – Learning Assessment (Course Facilitator Evaluation)
NOTE: a) ORIGINAL SUBMISSION: TEXTBOOK contents shall include; instruction materials,
projects no.1,2, research report no.1, minutes of class
sessions, quizzes 1, 2, 3 and mid-term exam.
b) OPTION SUBMISSION : TEXTBOOK just to submit Projects 1&2 (through group work)
b) The TEXTBOOK will serve as the Research Report No. 2 and
will be part of the Final Exam., evaluation/validation.
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PPR 130 2

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LECTURE-DISCUSSION (ONLINE)

Construction Industry Arbitration Commission I Construction (CIAC).

The Construction Industry Arbitration Commission (CIAC) shall have original and
exclusive jurisdiction over disputes arising from or connected with contracts entered
into by both parties involved in construction in the Philippines, whether the disputes
arise before or after the contracts are completed…
source:https//ciap.dti.govph>content>co…

Construction Arbitration involves dispute (s) arising from violations of specifications for
materials and workmanship, Violations of terms of the agreement; interpretation
and/or application of contractual provision; Maintenance and defects; Payment
defaults of employer or contractor…July 31’ 2019
source:https://blog.ipleaders.in>amp

What are the most common causes of construction disputes?

1 Contract errors or omissions. The biggest reason for construction disputes is one
that can be perhaps most easily avoided…(analyze & provide check list of items)

2. Differing site conditions… (They should have pre-design site investigation, soil test
to determine site conditions prior to project implementation)

3. Noncompliance of contractor obligations…

4. Failing to correctly administer the contract…

5. Claims errors…
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PPR 130 3

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4.0 CONSTRUCTION INDUSTRY AUTHORITY OF THE PHILIPPINES (CIAP),

a government agency created by President Decree 1746 and an attached
agency to the Department of Trade and Industry.

The Construction Industry Authority of the Philippines (CIAP) promotes,

accelerate, and regulates the construction industry through its various
implementing board.

The CIAP Board FURTHER RESOLVES to order the Implementation of the aforesaid
policy effective immediately for the CIAP Document 102 for Private construction and
upon the amendment of CIAP Document 101 for Public construction, to fill in the
gaps in the General Conditions of Contract prescribed by the Government
Procurement Policy Board (GPPB) under Section IV of the Philippine Bidding
Documents for the Procurement of works.

WHEREAS, the Uniform General Conditions of Contract for Private Construction

otherwise known as CIAP Document 102 was formulated by a committee composed
of various professional groups in the industry created by the CIAP Board;

WHEREAS, a Memorandum of Agreement on the adoption and use of CIAP

Document 102 was entered by and between the CIAP UAP, PICE, PCCI, CPMAP,
CREBA, PICA and PCA on August 14, 1997.

These are the Professional Groups in the industry created by the CIAP Board.
CIAP - Construction Industry Authority of the Philippines
UAP - United Architects of the Philippines
PICE - Philippine Institute of Civil Engineers
CREBA - Chamber of Real Estate and Builders’ Association
PCA - Philippine Contractors Associations
PCCI, CPMAP and PICA
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4.1 EXECUTIVE ORDER (EO 1008) - LawPhil

The Executive Order EO 1008 shall be known as the Construction Industry

Arbitration Law..,

EXECUTIVE ORDER NO. 1008 FEBRUARY 4, 1985 CREATING AN ARBITRATION

MACHINERY IN THE CONSTRUCTION INDUSTRY OF THE PHILIPPINES.

WHEREAS, the construction industry provides employment to a large segment of the

national labor force and is a leading contribution to the gross national product;

WHEREAS, It is of vital necessity that continued growth towards national goals shall
not be hindered by problems arising from, or connected with, the construction
industry;

WHEREAS, there is a need to stablish an arbitral machinery to settle to such disputes

expeditiously in order to maintain and promote a healthy partnership between the
government and the private sector in the furtherance of national development
goals;

WHEREAS, Presidential Decree No. 1746 created the Construction Industry Authority
of the Philippine (CIAP) to exercise centralized authority for the optimum
development of the construction industry and to enhance the growth of the local
construction industry;

WHEREAS, among the implementing agencies of the (CIAP) is the Philippine

Domestic Construction Board (PDCB) which is specifically authorized by PD No. 1746
to adjudicate and settle claims and disputes in the implementation of public and
private construction contracts and for this purpose, formulate and adopt necessary
rules and regulations subject to the approval of the President;

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NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the

powers vested on me by law, do hereby authorize the creation of an arbitration
machinery in the construction industry of the Philippines, and do hereby order and
ordain:

DONE in the City of Manila, this 4th day of February, in the Year of Our Lord, Nineteen
Hundred and Eighty-Five (4 February 1985)
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Lecture –Discussion (online)

4.2 APEC Asia-Pacific Economic Cooperation

Main goal of APEC- The Asia-Pacific Economic Cooperation (APEC) forum,
established in 1989, has become the pre-eminent economic forum in the
Asia-Pacific region. Its primary purpose is to promote sustainable economic
growth and prosperity in the Asia Pacific region.

APEC Member Countries

APEC Members Economies are:
APEC’s 21 members aim to create greater prosperity for the people of the region by
promoting balanced, inclusive, sustainable, innovative and secure growth and by
accelerating regional economic integration.

There are 21 APEC member countries:

1. Australia
2. Brunei Darussalam
3. Canada
4. Chile.
5. China; Hong Kong
6. China
7. Indonesia
8. Japan
9. Republic of South Korea
10. Malaysia
11. Mexico
12. New Zealand
13. Papua New Guinea
14. Peru
15. The Republic of the Philippines
16. The Russian Federation
17. Singapore
18. Chinese Taipei, (Taiwan)
19. Thailand
20. United States of America
21. Vietnam
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PPR 130 6

Be an APEC
architect
APEC Architect
An APEC architect is a person who registered, licensed or otherwise professionally
recognized as architect in a participating economy, and whose name is enrolled on
a section of the APEC architect register maintained by that economy. APEC
architects are bound by host economy codes of professional conduct to protect
public health, safety and welfare.

Criteria for admission

The criteria adopted by the Central Council for admission to the APEC architect
register, and use of the description APEC Architect, are based on identification of a
common sequence and elements in the education, training and assessment of
architects as qualified to provide professional architectural services in the home
economy.

Applicants to become APEC architects are required to fulfil the following criteria:

• Be registered in their home country

• Have completed a minimum period of professional practice of seven (7)

years after initial registration in any participating economy.

• Have gained experience in all of the following categories of architectural

practice:
Preliminary studies
Preparation of briefs
Design
Contract documentation
Administration

• At least three years of the seven-year period must be undertaken as an

architect:

With sole professional responsibility for the design, documentation and contract
administration of buildings of moderate complexity, or in collaboration with other
architects, as an architect charge of and professionally responsible for a
significant aspect of the design documentation of complex building.
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PPR 130 7

APEC Monitoring Committee

Architects deemed by the Monitoring Committee in a particular economy to have
fulfilled these requirements are eligible for registration as an APEC architect.

To retain their registration, APEC architects must comply with obligations imposed by
their home economies for maintaining professional competence and observing
codes of professional conduct.

Host economies my choose to impose special requirements for the recognition of

APEC architects for practice in their economies, but any such requirements must be
fully transparent.

Bob Hawke
Asia-Pacific Economic Cooperation

The idea of APEC was firstly publicly broached by former Prime Minister of AUTRALIA
Bob Hawke during a speech in Seoul, South Korea, on 31 January 1989. Ten months
later, 12 Asia-Pacific economies met in Canberra, Australia, to establish APEC.

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PPR 130 8
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Lecture-Discussion (online)

4.3 RA 455 – CIVIL ENGINEERING LAW

Republic Act (RA 455), The practice of civil engineering within the meaning and
intent of this ACT shall embrace services in the form of consultation , design,
preparation of plans, specifications, estimates, erection installation and
supervision of the construction of streets, bridges, highways, railroads, airports
- runways and hangars, port works.

CODE OF ETHICS
Civil Engineers shall act in professional matters for each employer or client as
faithful agents o trusts, and shall avoid conflicts of interest… Civil Engineers shall
act in such a manner as to uphold and enhance the honor, integrity and dignity
of the civil engineering profession.

Can civil engineers sign architectural plans

Philippines 2020?
The civil engineers are allowed to prepare, sign and plans and specifications
pertaining to architectural and structural plans can also b seen in Section 302
of PD 1096 which provides as follows. Section 302 Application for Permits.
3 August 2018. (with certain provisions)
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PPR 130 9
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Lecture-Discussion (online)

4.4 RA 9285- ALTERNATIVE DISPUTE RESOLUTION LAW (Lawphil)

2 April 2004 – This Act shall be without prejudice to the adoption by the
Supreme Court of any Alternative Dispute Resolution (ADR) system, such as
mediation, conciliation, arbitration, or any combination thereof as a means of
achieving speedy and efficient means of resolving cases pending before all
courts in the Philippines which shall be governed by such rules.
(source: https//www.lawphil.net>repacts>r…)

This ADR are applied if disputes arises such as: design, contract, drawing
documentation, specifications, discrepancy on the pricing/estimates, payments,
works variations, etc…

Q. What is the purpose of RA 9285?

A. RA 9285 was enacted as part of the States policy to actively promote party
autonomy in the resolution disputes.

Q. What are four (4) types of alternative disputes resolutions?

A. The most common types of Alternative Disputes Resolutions (ADR)
for civil cases are:
1. Mediation;
2. Settlement conferences;
3. Neutral evaluation;
4. Arbitration.

Q. What are the five (5) agencies that us dispute resolution in the Philippines?
A. The Philippine Judicial system comprises:
1. first level courts (Municipal)
2. Metropolitan
3. Regional Trial Courts
4. Court of Appeals
5. and (Supreme Court)
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PPR 130 10
MODULE 4.0
Lecture-Discussion (online)

4.5 (IRR) R.A. 9184 – GOVERNMENT PROCUREMENT POLICY BOARD

Built Oper- Transfer (BOT) Law. Familiarization with the
Government Procurement Act.

WHAT IS RA 9184 ALL ABOUT

THE RA 9184 – AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION
AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND
FOR OTHER PURPOSES.

Government
Procurement Law (RA 9184)
and its IRR series of 2016

LAST YEAR, SEMINAR DESCRIPTION

The Plans and Training Division (PTD) in coordination with the ITMS Logistic Office
conducted a two – day unprogrammed seminar on Republic Act (RA 9184 and its
2016 Revised Implementing Rules and Regulations (IRR) Training also known as
Government Procurement Law to gear towards enhancing the capability of the
members of the Bids and Awards Committee (BAC) on February 18-19 2020 at the
ITMS Lecture Room. Invited Resource Speaker was Engr. Antonio M. Baustista from
the Department of Energy and also a staff of Government Procurement Policy Board
(GPPB) Technical Support Office. Participants are BAC Secretariat and TWG
members with a total of fifty five (55) ITM

Q. What is government procurement process?

A. What is Public Procurement? Governments, just like private companies, have
to buy goods and services for their operational needs. Public Procurement refers
to the process by which governments and state-owned enterprises purchase
and services from the private sector.
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PPR 130 11
Build-Operate-Transfer
Contract Definition
WHAT IS A BUILD-OPERATE-TRANSFER CONTRACT?
A Build-Operate-Transfer (BOT) contract is a model used to finance large projects,
typically infrastructure projects developed through public-private partnerships…
After a set time frame, typically two or three decades, control over the project is
returned to the public entity.

WHAT IS BOT LAW PHILIPPINES?

6957 (BOT Law) as amended by R.A. 7718. Revised Implementing Rules and
Regulations of RA No. 6957, An Act Authorizing the Financing, Construction,
Operation and Maintenance Infrastructure Projects by the Private Sector and for
Other Purposes, as amended by RA No. 7718.
source: https//www.dti.gov.ph>republic-ac..

HOW BUILD-OPERATE-TRANSFER CONTRACTS WORK.

Under a Build-Operate-Transfer (BOT) contract, an entity- usually a government-
grants a concession to a private company to finance, build and operate the
project for a period of time (perhaps 20 to 30 years) with the goal of recouping
its investment, then transfers control of the project to the government.

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TURN KEY CONTRACT:

This type of Contract is that: Contractor is to complete first the Project from the
beginning without any down payment or interim payment until project completion
and project delivery. Then only after the project is handed over to the Client with the
certificate of occupancy permit and the KEY is TURN to the Client, that is the only
time the Contractor can claim the Payment.