POSITION PAPER

ON
SENATE BILL NO. 2623/HOUSE BILL NO. 5127
AN ACT TO STRENGTHEN THE ARCHITECTURAL PROFESSION, AMENDING FOR THE
PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9266, OTHERWISE KNOWN AS THE
ARCHITECTURE ACT OF 2004
The CONFEDERATION OF FILIPINO CONSULTING ORGANIZATIONS (COFILCO) expresses its
utmost concerns on the bill and strongly urges the Senate and House of Representatives to
defer any decision and to conduct further hearings as this will affect almost all the related
professions, not to mention the adverse effects on national infrastructure and general
economic development.
It was alleged that PRC conducted consultations that were contested by other disciplines
(especially the engineering sector) since there were not enough consultations conducted to
discuss the issues.
It is further respectfully recommended that the Department of Public Works and Highways
(DPWH), the National Economic Development Authority (NEDA) and the Accredited
Professional Organizations (APOs) and Professional Regulatory Boards (PRBs) of the allied
professions be invited to the hearings on this bill and their positions obtained and considered.

The Confederation of Filipino Consulting Organizations (COFILCO) is the umbrella organization

of all Filipino consulting organizations recognized by the National Economic Development
Authority (NEDA) under Resolution 011-99 dated April 16, 1999, to address the need for
consultants in government and private infrastructure and non-infrastructure projects. GPPB
Resolution No. 06-2013 recognized COFILCO as the umbrella Organization of Consultants for
Infrastructure, Environment, Disaster and Management pursuant to RA 9184, entitled An Act
Providing for the Procurement Activities of the Government and for other Purposes. As the
umbrella organization, COFILCO is mandated to protect the interest of both the government
and private sector by way of verifying the capacity statements of the individual and consulting
firms. COFILCO is also mandated to protect public welfare and the integrity of the consulting
professions.
ISSUES/DISCUSSION
The COFILCO is concerned with the following provisions of SB2623/ HB 5127:
SECTION 1. SEC. 3 (1) of Republic Act No. 9266 is hereby amended to include the following
terms.
(3) ARCHITECTURAL DESIGN ALSO REFERRED TO AS DESIGN(S) IN THIS ACT, MEANS
THE ILLUSTRATED CONCEPT THAT FOCUSES ON FEATURES OR ELEMENTS OF
BUILDING(S) OR STRUCTURE(S) AND THE UTILIZATION OF THE SITE AND SPACE
WITHIN AND SURROUNDING SUCH BUILDING(S) OR STRUCTURE(S) AND UNIFIES

THEM INTO A COHERENT AND FUNCTIONAL WHOLE, FOLLOWING A GENERALLY

ACCEPTED APPROACH TO ACHIEVE THE OBJECTIVES, ABIDING BY SET NORMS AND
CONSIDERING THE ARCHITECTURAL PRINCIPLES OF UTILITY, STRENGTH AND
BEAUTY, EXCUSIVELY PREPARED BY AN ARCHITECT;

This provision contains several Key Words, whose definitions (Webster) are as follows:
Structure Something built or constructed.
Surrounding The things, conditions, influences, etc. around a place or a person.
Feature A distinct or outstanding part or quality of something.
Element A component part or quality.
Exclusively Excluding all others.
If approved, only Architects can design any part or quality of anything that is to be built or
constructed, as well as the things, conditions and influences around it. This is totally illogical
and completely without basis. Serious questions must be answered regarding the capability
of architects, in terms of both competence and numbers, to undertake such a gigantic task.
This will also be unjust to allied professions with similar capabilities. It will also have an
adverse effect on national development and public welfare.
Overlaps in the scope of work of various professions are not uncommon and is a well
established principle. This means, only Architects can sign and design any part or quality of
anything that is to be built or constructed, as well as the things, conditions and influences
around it. Thus, allied professions such as Landscape Architecture, Interior Design,
Environmental Planning, Civil Engineering, Sanitary Engineering, Master Plumbing, Electrical
Engineering, Electronics and Communication Engineering, Geodetic Engineering, Chemical
Engineering and Mechanical Engineering will need the signature of the Architect even in the
construction of electrical transmission towers, oil drilling platforms, oil pipelines, rocket
launchers, suspension/cable-stay bridges, water treatment and sewage treatment plants,
ports and harbours, highways, expressways, flyovers, subways, railroads, light rail transits,
flood control gates, pumping stations, wind power windmills, dams, weirs, culverts, canals,
tunnels (highway, railway, water supply), power plants, dams, etc.
It will be unjust if these professions will be stripped of services they have competently carried
out for many years. It will be unjust if these professions will be reduced to being subordinates
or employees of architects.
The COFILCO is composed of firms and individuals belonging to various regulated professions
involved in the design and construction of infrastructure and non-infrastructure projects,
many of which are critical to national development. Approval of this bill will adversely affect
the services of multidisciplinary consultants, which will in turn adversely affect national
development and public welfare.

Even if architects will not fully implement this provision immediately, it will be a weapon, a
Sword of Damocles, over the heads of allied professionals and infrastructure projects, which
architects can invoke anytime to suit their purposes.
Finally, the COFILCO is concerned with the statement arrogating UTILITY, STRENGTH AND
BEAUTY as architectural principles. These are universal principles of all professions.
SECTION 2. SEC. 20 (2) of Republic Act No. 9266 is hereby amended by adding a new
provision which reads as follows:
UPON APPROVAL OF THE ARCHITECTURAL DOCUMENTS, THE CORRESPONDING
ARCHITECTURAL PERMIT SHALL BE ISSUED; PROVIDED, HOWEVER, THAT NO BUILDING
PERMIT OR SIMILAR IMPORT SHALL BE ISSUED WITHOUT THE CORRESPONDING
ARCHITECTURAL DESIGNS, PLANS AND DOCUMENTS PREPARED EXCLUSIVELY AND SIGNED
BY AN ARCHITECT (EXCERPTED).
If approved, this will introduce an additional permit, controlled by architects, that is superior
to the Building Permit issued by the Building Official, which already requires the signatures
and seals of all professionals involved in the project. It is therefore effectively an indirect
amendment to the National Building Code (Presidential Decree No. 1096).
The issuance of Building Permits is a regulatory function, the administration and enforcement
of which are vested in the Secretary of the Department of Public Works and Highways
(DPWH). If approved, this will impose restrictions on the Secretary. Such power and authority
should not be delegated to a specific profession.
This will set a bad precedent and may encourage other professions to legislate their own
permit.
The additional requirement of an Architectural Permit essentially holds all infrastructure
projects, including those critical to national development, hostage to architects.
This will be the instrument that will be used to implement Section 1 above.
SECTION 6. Repealing Clause. SEC. 43 of Republic Act No. 9266 is hereby repealed. All laws,
decrees, executive orders, agreements, rules and regulations or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.
Section 43 of Republic Act No. 9266 reads as follows:
Sec. 43. Act Not Affecting Other Professionals. This Act shall not be construed to affect
the practice of any other legally recognized profession.
Deletion of Section 43 will enable this bill to indirectly amend the regulatory laws of all
professions involved in the design of anything to be built or constructed as well as things,
conditions and influences around it, removing this from their scope of work. In other words,
this will adversely affect the professions allied with Architecture. This will be unjust to these

professions. Furthermore, this should not be allowed because it is a rule of statutory

construction that repeal by implication is not favored.
This will set a bad precedent, and may encourage other professions with overlapping scopes
of work with another profession to indirectly amend the regulatory law of that profession,
resulting in an endless cycle.
CONCLUSIONS/RECOMMENDATIONS
This bill will undoubtedly strengthen the Architectural profession, turning it to a superprofession lording it over allied professions and infrastructure projects. But this will be at
the expense of these allied professions, as well as national development and public welfare.
Finally, the COFILCO reiterates its serious concerns to this bill and strongly urges the Senate
and House of Representatives to defer any decision and conduct further hearings on SB2623/
HB5127.
It is further respectfully recommended that the Department of Public Works and Highways
(DPWH), the National Economic Development Authority (NEDA) and the Accredited
Professional Organizations (APOs) and the Professional Regulatory Boards (PRBs) of the allied
professions be invited to hearings on this bill and their positions obtained and considered.

By Authority of the COFILCO Board of Directors

ERIC A. CRUZ
President