2.

0
LAWS AFFECTING
ARCHITECTURAL PRACTICE

PROFESSIONAL PRACTICE 1
Miel Udtohan

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 2.0
Laws Affecting Architectural Practice
1949 Republic Act 386 – New Civil Code of the Philippines
• Effect and Application of Laws
• Ownership
• Intellectual Creation
• Obligations and Contracts
• Compromises and Arbitrations

PRC Modernization Act of 2000 (Republic Act 8981)

• Statement of Policy
• Professional Regulation Commission
• Composition
• Exercise of Powers and Function of the Commission
• Powers, Function and Responsibilities of the Commission
• Penalties for Manipulation and Other Corrupt Practices in the Conduct of
Professional Examinations

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1949 REPUBLIC ACT 386 – NEW CIVIL CODE OF THE PHILIPPINES 2.1
2.1
NEW CIVIL CODE
of the
The main draft of the Civil Code was prepared by the Roxas Code Commission, PHILIPPINES
which was created via Executive Order No. 48 of March 20, 1947 by President • EFFECT and
Manuel Roxas. APPLICATION of
LAWS
Chairman: Dr. Jorge C. Bocobo • OWNERSHIP
Members: • INTELLECTUAL
Judge Guillermo B. Guevarra CREATION

Dean Pedro Y. Ylagan • OBLIGATIONS and

CONTRACTS
Francisco R. Capistrano • COMPROMISE and
ARBITRATION

The 1947 Code Commission started working on May 8, 1947 and ended on
December 15, 1947.

(January 26, 1949) - the Senate and the House of Representatives of the
Philippines passed Republic Act386
(August 30,1950) – became effective

Retrieved From: https://www.academia.edu/6731908/CIVIL_CODE_OF_THE_PHILIPPINES_PRELIMINARY_TITLE_Chapter_1_EFFECT_AND_APPLICATION_OF_LAWS?auto=download

https://thecorpusjuris.com/legislative/republic-acts/ra-no-386.php

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EFFECT and APPLICATION OF LAWS 2.1
2.1
NEW CIVIL CODE
of the
ARTICLE 3 PHILIPPINES

• EFFECT and
APPLICATION of
Ignorance of the law excuses no one from compliance therewith. LAWS

• OWNERSHIP

• INTELLECTUAL

ARTICLE 5
CREATION

• OBLIGATIONS and
CONTRACTS

Acts executed against the provisions of mandatory or prohibitory laws shall • COMPROMISE and
ARBITRATION
be void, except when the law itself authorizes their validity.

ARTICLE 6

Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs, or prejudicial to a third person with
a right recognized by law.
Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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EFFECT and APPLICATION OF LAWS 2.1
2.1
NEW CIVIL CODE
of the
ARTICLE 7c PHILIPPINES

• EFFECT and
Administrative or executive acts, orders and regulations shall be valid only APPLICATION of
LAWS
when they are not contrary to the laws or the Constitution. • OWNERSHIP

• INTELLECTUAL

ARTICLE 8
CREATION

• OBLIGATIONS and
CONTRACTS

Judicial decisions applying or interpreting the laws or the Constitution shall • COMPROMISE and
ARBITRATION
form a part of the legal system of the Philippines.

ARTICLE 10

In case of doubt in the interpretation or application of laws, it is presumed

that the lawmaking body intended right and justice to prevail.
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EFFECT and APPLICATION OF LAWS 2.1
2.1
NEW CIVIL CODE
ARTICLE 11 of the
PHILIPPINES
Customs which are contrary to law, public order or public policy shall not be • EFFECT and

countenanced. APPLICATION of
LAWS

• OWNERSHIP

ARTICLE 13 • INTELLECTUAL
CREATION

When the law speak of years, months, days or nights, it shall be • OBLIGATIONS and

understood that years are of three hundred sixty-five days each; months, of
CONTRACTS

thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
• COMPROMISE and
ARBITRATION

In computing a period, the first day shall be excluded, and the last
day included.

ARTICLE 17
The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed.
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TITLE II : OWNERSHIP 2.1
2.1
Chapter 1 : Ownership in General NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
ARTICLE 427 APPLICATION of
LAWS
• Ownership may be exercised over things or rights. • OWNERSHIP

• INTELLECTUAL
CREATION

• OBLIGATIONS and

ARTICLE 428
CONTRACTS

• COMPROMISE and
• Owner has the right to enjoy and dispose of a thing, without other ARBITRATION

limitations than those established by law.

• Owner has also a right of action against the holder and possessor of the
thing in order to recover it.

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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TITLE II : OWNERSHIP 2.1
2.1
Ownership in General NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
ARTICLE 433 APPLICATION of
LAWS

• Actual possession under claim of ownership raises disputable • OWNERSHIP

• INTELLECTUAL
presumption of ownership. The true owner must resort to judicial process CREATION

• OBLIGATIONS and
for the recovery of the property CONTRACTS

• COMPROMISE and
ARBITRATION

ARTICLE 434
• In an action to recover, the property must be identified, and the plaintiff
must rely on the strength of his title and not on the weakness of the
defendant’s claim.

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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TITLE II : OWNERSHIP 2.1
2.1
Ownership in General NEW CIVIL CODE
of the
PHILIPPINES

ARTICLE 435 • EFFECT and

APPLICATION of
• No person shall be deprived of his property except by competent LAWS

authority and for public use and always upon payment of just • OWNERSHIP

compensation. • INTELLECTUAL
CREATION

• OBLIGATIONS and
• Should this requirement be not first complied with, the courts shall CONTRACTS

protect and, in a proper case, restore the owner in his possession. • COMPROMISE and
ARBITRATION

ARTICLE 437
• The owner of a parcel of land is the owner of its surface and of everything
under it.

• He cannot complain of the reasonable requirements of aerial navigation

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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TITLE II : OWNERSHIP 2.1
2.1
Preliminary Provision NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of
LAWS

• OWNERSHIP

ARTICLE 712 • INTELLECTUAL

CREATION
• Ownership is acquired by occupation and by intellectual creation. • OBLIGATIONS and
CONTRACTS

• COMPROMISE and
ARBITRATION

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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TITLE II : INTELLECTUAL CREATION 2.1
2.1
NEW CIVIL CODE
ARTICLE 721 of the
PHILIPPINES
• By intellectual creation, the following persons acquire ownership:
• EFFECT and
(1) The author with regard to work APPLICATION of
LAWS
(2) The artist, with respect to the product of his art • OWNERSHIP

• INTELLECTUAL

ARTICLE 722 CREATION

• The author and the composer, mentioned in Nos. 1 and 2 of the preceding • OBLIGATIONS and
CONTRACTS

article, shall have the ownership of their creations even before the • COMPROMISE and

publication of the same. ARBITRATION

• Artist shall have dominion over the product of his art even before it is
copyrighted

ARTICLE 723
• Letters and other private communications in writing are owned by the
person to whom they are addressed and delivered
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BOOK IV : OBLIGATIONS and CONTRACTS 2.1
2.1
Title II : Contracts : General Provisions NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of

ARTICLE 1305 LAWS

• OWNERSHIP

• A contract is a meeting of minds between two persons whereby one binds • INTELLECTUAL
CREATION

himself, with respect to the other, to give something or to render some • OBLIGATIONS and
CONTRACTS

service. • COMPROMISE and

ARBITRATION

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BOOK IV : OBLIGATIONS and CONTRACTS 2.1
2.1
Title II : Contracts : General Provisions NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of

ARTICLE 1306 LAWS

• OWNERSHIP

• The contracting parties may establish such stipulations, clauses, terms and • INTELLECTUAL
CREATION

conditions as they may deem convenient, provided they are not contrary • OBLIGATIONS and
CONTRACTS

to law, morals, good customs, public order, or public policy • COMPROMISE and
ARBITRATION

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BOOK IV : OBLIGATIONS and CONTRACTS 2.1
2.1
Title II : Contracts : General Provisions NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of

ARTICLE 1315 LAWS

• OWNERSHIP

• Contracts are perfected by mere consent, and from that moment the • INTELLECTUAL
CREATION

parties are bound not only to the fulfillment of what has been expressly • OBLIGATIONS and
CONTRACTS

stipulated but also to all the consequences which, according to their • COMPROMISE and
ARBITRATION

nature, may be in keeping with good faith, usage and law.

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BOOK IV : OBLIGATIONS and CONTRACTS 2.1
2.1
Section 3 : Contract for a Piece of Work NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
ARTICLE 1723 APPLICATION of
LAWS

• The engineer or architect who drew up the plans and specifications for a • OWNERSHIP

• INTELLECTUAL
building is liable for damages if within fifteen years from the completion of CREATION

• OBLIGATIONS and
the structure, the same should collapse by reason of a defect in those CONTRACTS

• COMPROMISE and
plans and specifications, or due to the defects in the ground. The ARBITRATION

contractor is likewise responsible for the damages if the edifice falls,

within the same period, on account of defects in the construction or the
use of materials of inferior quality furnished by him, or due to any
violation of the terms of the contract.

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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BOOK IV : OBLIGATIONS and CONTRACTS 2.1
2.1
Section 3 : Contract for a Piece of Work NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
ARTICLE 1723 (cont.) APPLICATION of
LAWS

• If the engineer or architect supervises the construction, he shall be • OWNERSHIP

• INTELLECTUAL
solidarily liable with the contractor. Acceptance of the building, after CREATION

• OBLIGATIONS and
completion, does not imply waiver of any of the cause of action by reason CONTRACTS

• COMPROMISE and
of any defect mentioned in the preceding paragraph. ARBITRATION

• The action must be brought within ten years following the collapse of the
building.

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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TITLE XIV: COMPROMISES and ARBITRATIONS 2.1
2.1
Chapter 1: Compromises NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of

ARTICLE 2028 LAWS

• OWNERSHIP

• A compromise is a contract whereby the parties, by making reciprocal • INTELLECTUAL

CREATION

concessions, avoid a litigation or put an end to one already commenced. • OBLIGATIONS and
CONTRACTS

• COMPROMISE and
ARBITRATION

ARTICLE 2029
• The court shall endeavor to persuade the litigants in a civil case to agree
upon some fair compromise.

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TITLE XIV: COMPROMISE and ARBITRATION 2.1
2.1
Chapter 2: Arbitrations NEW CIVIL CODE
of the
PHILIPPINES

• EFFECT and
APPLICATION of

ARTICLE 2042 LAWS

• OWNERSHIP

• The same persons who may enter into a compromise may submit their • INTELLECTUAL
CREATION

controversies to one or more arbitrators for decision • OBLIGATIONS and

CONTRACTS

• COMPROMISE and
ARBITRATION

ARTICLE 2043
• The provisions of the preceding Chapter upon compromises shall also be
applicable to arbitrations.

Retrieved From: https://www.architectureboard.ph/1949-republic-act-386-new-civil-code-of-the-philippines-for-architects/

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end