Idea Transcript
ARCHITECTURAL. PRACTICE & CONSTRUCTION MANAGEMENT • THE NEW LADDER TYPE CURRICULUM
GEORGE SALINDA SALVAN ... fuap • ASSISTANT PROFESSOR • • • • • • •
CoUege of Engineering and Architecture Baguio Colleges Foundation 1980-1988 First and lone graduate of B.S. Architecture, 1963 North of Manila, St. Louis University Baguio City Former instructor 1965-1969 at St. Louis University Recipient of various ACE certificates, Architects Continl'ir · Education Program A licensed Architect, active practitioner and a licensed building constructor, inventor and a board topnotcher. Past president of United Architects Phils. Baguio Chapter 1982 and 1983 Elected National Director; UAP, Regional District' for the year 1987. Conferred the title of "FELLOW" United Architects Phils. College of Fellows, October, 1988
JMC PRESS, INC. 388 Quezon Avenue, Quezon City
Copyright.© 1986 bv: JMC PRESS, INC . .
and GEORGEs·. SALVAN All rights reserved. No pen of this book may be reproduced in an~ manner without permission of the publish8f.
FIRST EDITION ISBN : . 971 -11-0353-2 Published and Printed by: JMC PRESS, INC. 388 Quezon Avenue, Quezon City
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PREFACE
· A generation ago, the concept of management as a component of professional design practice was virtually unheard of . A building begins as a conception in the mind of its architect. The conception must be elaborated in his drawing office adapted to practical considerations and then conveyed to a number of people who will cooperate in tha erection of the building. This book is intended as a referenc~ for all managers of design practice, whether they be professional architects or engineers who have assumed management roles in their firms. or trained managers who have choeen to apply their skills in design firms. It is also· hoped that it may find its ways into the education of the increasing number of graduates who will be future architects and engineers and who are wisely choosing to add management degrees to that preparation for practice . For the students, this book was prepared and organized to meet the new curriculum and the syllabus prepared by the Ministry of Education. It is divided into three parts. The First part dealing on all 'the laws pertaining tn may be registered or licensed as such for the practice of archiiectur~ . but this section shall not be construed as preventing such combin ations of individual persons from using the term "Architect": Provided, That each member of the partnership, firm or association
is properly registered and licensed. Individual members of a partnership are responsible for his own act. SEC. 35. Reciprocity requirements. - No person who is not a citizen of the Philippines at the time he applies to take the examination shall be allowed to take it unless he can prove in the manner provided by the Aules of Court that , by specific provision of law. the. country' of which he is a citizen, subject, or national either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after an examination on terms of strict and absolute equality with citizens, subjects, or nationals of the country concerned, including the unconditional recognition of degrees issued by institutions of learning duly recognized for the purpose by · the Government of tne Philippines: Provided, that if he is not a citizen of the Philippmes, and was admitted to the practiCe ot a profession m the Philippines afte1 December 8. 1 941, his active practice in that profession either in the Philippines or in the state or country where he was practicing his profession, shall not have been interrupted for a period of two years or more prior to July 4, 1946. and that the country or state from which he comes allows the citizens of the Philippines by specific provisions of taw, to practice the same profession without restriction or on terms of strict and absolute equality with citizens, subjects or nationals of the country or state concerned. SEC . 36 . Enforcement of the Act by office of the Law. - It shall be the duty of all constituted Officers of the taw of the National Government, of any provincial, city or municipal government of any political subdivision thereof to prosecute any person violating the provisions of this Act. The Secretary of Justice or any assistant duly designated by the former shall act as legal assistance as may be necessary in carrying out the provisions of this Act. SEC. 37. Act not affecting other professions. - This Act shall not be construed to affect or prevent the practice of any other legally recognized profession. SEC. · 38. Operation of decisions in judging any part of the Act Invalid. - If any clause sentence, paragraph or part of this shall not affect, invalidate or impair any other part of said Act, but shall b~ ~o nfin~d_ in its op~ration to the clause, sentence, phrase . paragraph or part ·directlY anvoived in the controversy in which such judgement is rendered. SEC. 39. Atl existing provisions of provincial, city or municipal ordinances or regulations pertaining to examinations for architects , and all other laws, part of laws, orders, ordinances or regulations in conflict with the provisjons of this Act are hereby repealed. SEC. 40.
This Act shalt take effect upon Its approval.
Approved, June 17, 1950. -
Reference:
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OFFICiAL GAZEiTE, VOL. 46, NO. 10 (pp. 4782 - 4792)-
PROPOSED PROFESSIONAL REGULATORY CODE TITlE
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THE BOARD OF ARCHITECTURE CHAPTER 1
DEFINITION OF TERMS, AND ADDITIONAL QUALIFICATION OF APPLICANTS ART. 59 (a) The practice of architecture shall constitute in holding out oneself as skilled in the knowledge, art, science and practice of architecture, and as an architect; or offering , rendering , furnishing or contracting on a fee basis or otherwise, se rvices such as consultation and advice, teaching major architectural subjects, environmental site analysis; physical planning, space planning, site planning, architectural and structural designing, specifying, supervising, and giving general management, administration, coordination and responsible direction to the designing, the construction, the erection, enlargement, or alterations of buildings or structures intended for public or private use or complexes of buildings , use utili zation and planning of the space within and the surrounding such buildings or structures and their sites, and architectural design of engineering structures or any part thereof; the scientific, aesthetic, and orderly coordination of all the processes of safeguarding life, health and property which enter the production of a complete building or structure, including all its components, and its en•1irons performed in all of their phases through the medium of comprehensive architectural services, such as technical, economic, and f inancial feasibility studies, promotional services, operational program ming, building programm ing, unbiased studies of plans, consultations, specifications estimates, conferences, evaluations, investigatiofiS, contract documents, construction . and project management, administration of construction, oral advise, and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this or another country, and regardless of whether such persons are performing any one or all of these duties.
An Architect shall be considered such in the practice of his profession, if the nature and character of his employment whether as an officer or employee in a private enterprise or . educational institution involves decision-making requiring professional knowledge in the art and science architecture, and such employment or position requires that the holder thereof must be an architect; or if he holds or Is appointed to a position in the architectural occupational group in the government or in government-owned or controlled corporations, including those performing proprietary functions, where a civil service eligibilit y as an architect is a prerequisite.
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b} An architect is a bonafide holder of a certificate of registration issued by the Board of Architecture in accordance with this Code. The author or authors of a set of plans or specif ications and other documents related to the practice of the. profession are those in responsible charge of t heir preparation, whether made by t hem personally or under their immediate supervision . lt shalf be unlawful for any person, corporation , institution or agency to order, or cause the design , construction, reconstruction, erection , addition or alteration to any building unless all architectural designs, site planning, space planning and architectural details are prepared by ·or prepared under the responsible charge of, and signed and sealed by a registered architect.
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ART. 60.
Suppletory to the general qualifications prescribed under Article 1 7 of this Code, an applicant to the licensure examinations for the practice of architecture must, unless modified ih accordance w ith this Code. h ave at lea st two years of diversified experience as an architectural designer, draftsman, clerk-of-work. specification writer or superintendent, duly certified by a practicing architect and endorsed by the university, college, institute or school where he finished his course and favorably recommended by the duly accredited professional org anization: Provided , that every year of deficiency in the required diversified experience may be substituted by twelve units credit in the subject to be prescribed by the Board in the rules and regulations.
ART . 61 . An appl icant holding a Master's Degree in architecture from a university, college, institute, or school recognized by the Government or the government of the state or coun try in which it is established. shall be credited one year in his practice experience.
CHAPTER 2 SCOPE OF EXAMINATIONS, AND OWNERSHIP OF DRAWINGS, SPECIFICATIONS, AND THE LIKE ART. 62 . Subject to approval of the Commission. the Board of Architecture shall have the power to prescribe, amend. or revise the subjects in the licensure examinations f or t he practice of architecture and their corresponding relative weights, and unless modifie GI. shall generally cover architectural design; history and theory of architecture; environmen· tal site analysis; physical planning . architectural engineering; structural design ; architec tural practice and ethics; and building materials and specifications. ut ilities systems, methods ot construction , and construction drawings . ART. 63. Drawings and specifications and other related documents, inciuding government projects, duly signed, stamped or sealed as instruments of service, are the properties and documents of the architects. whether the object for which they are tnade is executed or not.
No person shall . w ithout the written consent of the architect or author of said documents. reproduce or make copies of said documents for use in the repetition of, and for other proiects Of buildings, whether executed partly or in whole.
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LICENSURE EXAMINATION AND REGISTRATION CHAPTER 4 REGISTRATION WITHOUT EXAMINATIONS, AND TEMPORARY SPECIAL PERMIT TO PRACTICE ART . 30 . Any person who in the date oi approva\ of this code, holds a doctorate degree in accounting, agricultural engineering, chemistry, civil engineering. cri minology , nutrition and dietetics, electrical engineering, electronics and communications engineering, medical technology, mining engineering. naval architecture and marine engineering. nursing. pharmacy, sanit ary engineering, social work, or sugar t echnology with at least five years technical experience of such character as to indi cate that he is competent to practice the profession concerned; acquired after receiving the doctorate degree, and who
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possesses the qualific ations prescribed under Article 1 7. of this Code. may upon application filed w ithin ono year from the date of. approval hereof and payment of the required fee. be issued a certificate of registration as certified public accountant, agricultural engineer. archite.ct, chemical enginee'r . chemist, civil engineer, criminologist, nutritionist-dietitian, professional electrical engineer . elect ronic s and communications engineer, forester . geodetic engineer, geologist. professional mechanical engineer. medical technologist, mining engineer, naval architect and marine engineer, registered nurse, pharmacist, sanit ary engineer. social. worker. or sugar technologist, respectively, without the necessity of licensure examinat ions t herefor.
ART. 31. Upon approval·of application and payment of the required fee or fees, the following may be granted temporary special permit to practice their respective professions in the Philippines for such period of time as the commission may authorize, provided, that ther~ i«> no Filipino registered professional qualified for such requirement at the time that the application was made or approved. a) Foreign agricultural engineers, architect s. chemic al engineers, c hemists, civil engineers. c riminologists. dentists. nutritionist-dieticians, electrical engineers, electroni cs and communication engineer, f orester, geologists or geological engineers, mechanical , erection or guarantee engineer's medical technologists mining engineers, naval architect and marine engineers . and sugar technologists called in for consultation or tor specific purpose as may in the judgment of the commission be necessary and absolutely essential for the development of the country: Provided, that their practice shall be limited only to the partic ular work for which they were engaged by the Filipino registered professionals commissioned to undertake such work. and that they are legally qualified to practice their respective professions in their own state or country in which the qualifications and requirements for obtaining a certificate of registration are not lower than those specified in this Code: Provided, f urther, that before the expiration of the period granted, renewal of their temporary special permits shall be secured . b) Foreign professionals to be engaged as professors, instructors, teachers, lecturers, crit ics in such fields as in t he judgment of the commission, be necessary and absolutely essential in the field of education: Provided, that their wor.k shall be confined to such teaching only and they shall not engage in the practice of their professions in their private capacity. c ) Foreign professionals who are missionaries , and who shall engage in the practice of their medical, social and allied professions for humanitarian and charitable purposes in the rural areas: Provided, that practice of Filipino professionals in said areas is not duly impaired and competed with.
TITLE
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FOREIGN RECIPROCITY, PRACTICE AND HEARINGS CHAPTER 1 FOREIGN RECIPROCITY ART. 32.
Upon recommendation of the Board concerned , the Commission may, in com· pliance with international commitments and considering the number of qualified persons in the Philippines, entertain an offer by a foreign country or state to establish reciprocal reta-
tions in the practice of a certain profession or professions subject to the condition that by specific J?rovisions of law, the country, state, or province tendering an agreement admits citizens of the Philippines to the practice of the particular profession or professions with or without examinations on terms of and absolute equality with the citizens, subjects, or nationals of said country, state, or province, including the unconditional recognition of prerequisite degrees issued by institution of learning duly recognized by the Government of the Philippines: Provided, That upon recommendation of the Commission and the Board concerned and upon approval of the Prime Minister, a temporary special permit to practice a profession for a specified occasion and specific period of time may be issued to any foreigner, regardless oi whether or not reciprocity exists in the practice of his profession between hls country and the Philippines, and under conditions as may be determined by the Commission if such foreigner is internationally known to be an outstanding expert in his chosen profession or a well-known specialist in any of its branches, and that hisservices will promote the advancement of the profession in the Philippines and will not duly impair and compete with Filipino professionals.
CHAPTER 2 CORPORATE PRACTICE ART. 33.
The practice of a profession . which includes the offer to render , furnish or contract professional services, shall be in an individual and personal capacity. The commission, upon recommendation of the Board concerned, and according to the rules it may adopt, may grant authority to practice any of the regulated professions to a corporation registen;d under the ·laws of the Philippines, Provided that at least eighty percent of the capital of which is owned by citizens ot the· Philippines who are registered professionals, and provided further, that all officers. including the president and general manager and at least eightv percent of the stockholders are registered· professionals of the same profession or allied profession for which authority to practice is granted . The authority granted shall be renewed every year before the expiration thereof. The Commission shall satisfy itself that the corporation complies, during .the life of the authority granted, with the requirements herein provided .
ART. 34. A corporation authorized to practice a profession or closely allied professions cannot have any other purpose except such practice. The construction and the manufacturing, contracting business. fabricating and marketing construction components systems or material, shall not be deemed as allied professions to the architectural and engineering professions. ART. 35. Corporate practice shall be limited to one profession only except as may be authorized by the Commission among closely allied professions . ART. 36. Only a registered professional w~o is a stockholder of the corporation may perform in the name of the corporation, acts constituting the practice of his profession as defined in this Code. The corporation may employ persons not so registered, but such persons shall not render or offer to render any professional services. ART. 37 . Shares -in a corporation authorized to practice a profession may be transferred only to persons qualifed under article 33. Any transfer in violation of the restrictions shall be void. ART. 38.
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A corporation authorized to practice a profession shall adopt a name indicating
expressly the profession in which such corporation is engaged . The Board concerned shall adopt the rules and regulatio ns necessary to carry out the provision.
ART. 39. Individuals, corporations, institutions, firms, associations, entities, agencies and other organizations who are not authorized to practice any of the professions may employ professionals for services allied to their trade or business only, or for their process operat ion, production or maintenance only and shall not compete With private practitioners; Provit:.led that the employer shall be liable solidarity with the employed professional for the damages as provided in the c ivil code of this Code. ART. 40. Any of the followin g shall be a ground for disapproval, or revocation of the authority of a corporation to practice a profession: 1. When any officer, including the president or general manager, as well as members shall become disqualified person to practice the profession . 2. When such corporation shall violate any applicable rule . regulation or code of ethics, adopted by the Board regulating the profession. 3. When such corporation shall violate any provision of this Code.
ART. 41 . In partnerships or firms organized for the practice of a profession or closely allied ·professions . all partners or firm members must be registered professional of the same profession or the closely allied professions and each partner and fi rm member may perform only those acts constituting the practice of his profession.
MALACANANG MANILA PRESIDENTIAL DECREE NO. 223 AS AMENDED BY PRESIDENTIAL DECREE NO. 6 57 CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS. WHEREAS, the regulations for the various professions presently regulated by the Office of the Boards of Examiners is so extensive, practically covering all social and economic life of the country; WHEREAS, the existence of the Board of Examiners is misconstrued for a number of years now as nothing more than an examining unit, though all the professional laws creating the various Boards have charged them with the supervision and regulation qver the professional practice in the Philippines; and . WHEREAS, to effectively, enforce the laws regulating the various professions, there is an urgent need to create a three-man Commission to administer , implement, coordinate and supervise the various Boards of Examiners; NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines by virtue of the powers ves~ed in me by the Constitution and Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, as amended, do hereby order and decree:
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SECTION 1. Professional Regulation Commission. - There is hereby created a three-man Commission to be known as the Professional Regulation Commission which shall be attached to the Office of the President for general direction and coordination . SEC. 2. Compositjon. - The Commission shall be headed by one full-time Commissioner and two-full-time Associate Commissioners, all to be appointed by the President for a term of nine {9) years without reappointment to start from the time they assume office! except the first two Associate Commissioners who shall be appointed, one for six (6) years and the other for three {3) years, and thereafter, any vacancy in the Commission shall be filed for the unexpired term only with the most senior of the Associate Commissioners succeeding the Commissioner at expiration of his term, resignation or removal. No person shall be appointed chairman or member of the Commission unless he is at least forty 140) years of age , familiar with the principles and methods of professional regulation and/or licensing and has at least five (6) years of executive or management experience. SEC. 3. Exercise of powers and functions of the Commission.- The Commissioner, who shall be the Chairman of the Commission, and the Associate Commissioners as members thereof shall , as a body, exercise general administrative, executive and policy-making functions for the whole agency. SEC. 4 . Compensation. - The Commissioner shall receive an annual compensation of fortyeight thousand pesos (fl48,0001 with five hundred pesos (P'600) commutable transportation and representation allowances and the Associate Commissioners, thirty-six thousand pesos (P36,000) each with three hundred and fifty pesos (11360) commutable transportation and representation allowances. SEC. 5.
Powers of the Commission: - The powers of the Commission are as follows:
a) To administer, implement and enforce the regulatory policies of the National Government with respect to the regulation and licensing of the various professions and occupations under its jurisdiction including the maintenance or professional and occupational standards and ethics and the enforcement of the rules and regulations relative thereto. b} To perform any and atr acts, enter into contracts, make such rules and regulations and issue such orders and other administrative issuances us may be necessary in the execution and implementation of its functions and the improvement of its services. cl To review, coordinate, integrate and appr.ove the policies, resolutions, rules and regulations, order ·or decisions promulgated by the various Boards with respect to the profession or occupation under their jurisdictions including the results of their licensures examinations but their decisions on administrative cases shall be final and executory unless appealed to the Commission within thirty (30) days from the date of promulgation thereof; d) To administer and conduct the licensure examinations of the various Boards according to the rules and regulations promulgated by it; determine and fix the places and dates of examinations; appoint supervisors and room examiners from among the employees of the Government or private individuals who have been trained by the Commission for the purpose who shall be entitled to a daily allowance of not less than ten pesos (P'1 0) for every examination day actually attended; use the buildings and facilities of public and private schools for examination purposes; and approve the release of examination results; e) To keep and maintain a register of the authorized practitioners of the profession or occupation; issue certificates of registration or licenses signed by all the members of the Board concerned and the Commissioner with the official seal of the Board affixed; f)
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To have custody of all the records of the various Boards including their examination
papers, minutes of deliberation, records of edmil'listrative cases and investigations and examination results; g) To determine, fix and collect the amount ·to be charged for examination, registration, registration without examination, licenses, annual registration fees, certifications, surcharges and other fees not specified under the provisions of Republic Act No. 6511 or amend the rates provided thereunder subject to approval by the Office of the President; · · · h) To appoint, subject to the provisions of existing laws, such officials and employees of the Commission as are necessary in the effective performances of its function and responsibilities, prescribe 'their duties and fix their compensation; and to organize or reorganize the sttutture of the Commission, create or abolish positions, change the designations of existing position· to meet changing conditions or as the need therefor arises: Provided, That ·such changes shall not affect the employment status of the incumbents, reduce their ranks and/or. salaries for result in separating them from the services; H To submit and recommend to the President of the Philippine nominees for appointment as members of the various Soard from among those nominated by the bonafide . professlo.nal organizations accredited by the Commission t-o till existing or probable . vacancies; j) The Commission may, upon the recommeCtdation of the Soard concerned, approve the registration of and authorize the issuance of a certificate of registration with or without examination to a foreigner who is registered under the laws of his country: Provided. That the requirements for the registration or licensing in said foreign state or country are substantially the sarpe as those required and contemplated by the laws of the Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the subjects or citizens of such foreign state or country: Provided, finally, That the applicant shail submit co'm petent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citize.~s 6f the Philippines to practice the profession under the rules and regulations governing citizens thereof. The Commission is also hereby authorized to prescribe ae!ditional requirements or grant certain privileges to foreigners seeking registration in the Philippines if the same privileges are granted to or same additionai requirements are required of citizens of the Philippines in acquiring the same certificates in his country: (As amended by PO 657) k) The Cqmmission shall have general supervision over foreign nationals who are authorized by existing laws or granted special permits to practise their professions temporarily in the Philippines to see that the terms and conditions for their employment are strictly observed and adhered' to; · ·
11 To prescribe or revise, in conjunction with the Board concerned and the Secretary of Education and Cu)ture or his authorized representative, collegiatd courses the completion ot·or ·graduation from which shall be a prerequisite for admission into the practice of the professions concerned; m ) To exercise general supervision over the members of the -various Boards; n) To promulgate such rules and regulations as may be necessary to effectively implement policies with respect to the regulation and practice of the professions; o) To perform such other functions and duties as may be necessary to carry out effectively the various provisions of professional regulatory laws, decrees or orders.
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SEC. 8 Powera, functions •nd reaponslbllldel of v•ioua powers. functions end responsibilities:
Boara lbd retain the foHowlng
a) To loOk from t ime to time into the conditions affecting the practice of the profession or occupation under their respective jurisdictions and whenever necessary, adopt such measures may be deemed proper tor the enhancement of the profession or occupation and/or the maintenance of high professional. ethical and technical standards and for this purpose the members of a Board may personally or through subordinate employees of the Commission conduct ocular inspection or visit industrial , mechanical. eJectrical or chemical plants or works. hospitals, clinics and other engine~ring works where registered practitioners of the profession or occupation are employed or are working for the purpose of determining compliance with the profession or occupation .or as an aid in formulating policies relative t hereto in accordance with the established policies, promulgated by the Commission; bl
To investigate violations of their respective laws and the rules and regulations pro-mulgated thereunder and for this purpose may issue summons, subpoena duces tecum t o alleged violators or witnesses thereof and compel their attendance to such in· vestigations or hearings;
c) To ct,elegate the hearing or investigation of administrative cases filed before them ex· cept in cases where the issue involved strictly concerns the practice of the profession or occupation , in which case the hearing shall be presided by at least one member of the Board concernec' assisted by a legal or hearing officer of the Commission; d) To promulgate decisions on such administrative cases subject to review by the Commission. If after thirty (30) days from the receipt of such decision no appeal is t aken therefrom to the Commission, the same shall become final and immediately enforceable; e) Subject to review by the Commission, to approve registration without examination and the issuance of the corresponding certificat es of registration; f) After due process, to suspend revoke or reissue certificates of registration of causes
provided for by law or by the rules and regulations promulgated thereafter: g) To determine and prepare the contents of licensure examlnat\ons;.score
and rate the examination papers and submit the results thereof to the Commission within one hun· dred twenty ( 120) days after the last examination day unless extended by the Commission; and subject to approval by the Commission, determine the appropriate pass· ing general rating if not provided for in the law regulating the profession.
SEC·. 7. Names of various Boards. - The names of the var\ous Board,_ shaU be changed by the Commission by deleting the word ''Examiners''. SEC. 8. Tnnafer of personnel, fundi, records, etc. -The present office of the Boards of Examiners, its personnel, funds, records, supplies , equipment, materials, furniture and fixtures are hereby transferred to the Commission. SEC. 9. RepeaBng Qausa. -The provisions of Republic Act No. 546 are hereby repealed as well as those of other pertinent laws inconsistent herewith.
SEC. 10. Effactfvfty. - This Decree shall take effect in:tmediately . Done in the City of Manila, this 22nd day of June in the year of Our lord, nine\een hundred and seventy-three.
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FERDINAND E. MARCOS President Republic of the Philippines
By the President: ALEJANDRO MELCHOR . Execut ive Secretary
MALACANANG Manila LETTER OF INSTRUCTION NO. 1 000
TO THE PROFESSIONAL REGULATION COMMISSION, THE MINISTRY OF HUMAN SETTLEMENTS, THE MINISTRY OF FOREIGN AFFAIRS, THE MINISTRY OF PUBLIC HIGHWAYS. THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, THE MINISTRY OF TOURISM , AND ALL GOVERNMENT AGENCIES CONCERNED WHEREAS, P.O. 22 3 created the Prof essional Regulation Commission charged with the supervision and regulation over the professional practice in the Philippines; WHEREAS , in support of P.O . 223 and its implernentinq rules and regulations, the variou5 professional organizations have voluntarily integrated themselves, one for each profession, and subsequently accredited by the Professional Regulation Commission; WHEREAS, integrated professional organization are necessary for the upliftment of the standards of the profession through their self-regulation and disCipline for better service to the Filipino people; WHEREAS. the PAC accredited bonafide professional organizations contribute an important role in promoting and maintaining high professional, ethical, and technical standards among its members through their continuing education activities, thereby elevating them to a higher level of competence; proficiency, integrity and social commitments; WHEREAS, the PRC accredited bonafide professional organizations which truly represent the professionals in our country, have proven their capabilities, competence and social consciousness by collaborating with government agencies in the pursuit of national goals, and through the several national, regional and international conferences which they have sponsored organized, or attended. NOW, THEREFORE, I, FERDINAND E. MARCOS, President and Prime Minister of the Republic of the Philippines, by virtue of the power vest ed in me by the Constitution do hereby order and direct the Professional Regulation Commission , the Minis~ry of Human Settlements , the Ministry of Foreign Affairs , the M inistry of Education and Culture, the Ministry of Public Highways , the Ministry of Public Works, the Minister of Tourism, the Ministry of Transportation and Communications and all government agencies concerned to authorize and support only PRC accredited bonafide professional organizations, and their members to organize, host sponsor or represent the Filipino professionals in national, regional and international forums, conferences, conventions where the concerned profe~Jsions are in
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volved. AND 1 FURTHER ORDER AND DIRECT that all government agencies and any of its instrumentalities shall give priority to members of the accredited professional organizations in the hiring of its employees and in the engagement of professional services. This letter of Instruction shall take effect immediately. Done in the City of Manila, the 20th of March in the Year of the Lord, Nineteen Hundred and Eighty.
tSGO) FERD\NAND E. MARCOS President and Prime-Minister of the Philippines
Republic of the Philippin.es PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE Board Resolution No . .1 0 Series of 1 9 84 The Board, in its meeting held today. had for consideration the adoption of rules and regulations relating to preparing, signing and sealing of plans, drawings, specifications and other documents registered by architects pursuant to Sec. 25 of RA 545', in order that such rules are in full accord with all the provisions of RA 545, and in conformity with the Title Block in the Standard F.orm for Building Plans as prescribed under the implementing rules and regulations of the National Building C').d e (PO 10) and Art. 1723 of the Revised Civil Code. Pursuant further to Sec. 25 (3) of RA 545 which provides, "and it shall be unlawful for any person, except the architect in ~harge, to sign for any branch of the work, or any function or ar· chitectural practice, not actually performed by him. The architect in charge shall be fully responsible for all plans, specjfications and other documents issued under his seal or authorized signature", the Board of Architecture, in the exercise of the power vested in it by RA 545 and PO 223, resolved, as it hereby resolves, to adopt the following rules: 1. The architect in charge is the architect of the building or structure. The author of its plans, specifications and other documents and coordinator of all the processes or branches of the work which •lnter into thy production of the complete building or structure· performed through the medium or by means of plans, specifications, contract documents, advice, and others. (Sec . 14c. RA 545) 2. No person can sign the plans and specifications for any branch of the work not actually performed by such person. 3 . An engineer or design. professional may be engaged by the architect in charge to perform a branch of the work or process relating to the building designed by the architect. Such branch of the work or process must actually be performed by the engineer or design professional who shall be fully responsible for all plans, specifications and other documents for such branch of work or process actually performed by him.
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4 . The Title Block on all plans and drawi.ngs prepared, signed and sealed by architects shall conform to any of the sample models of Title Blocks, with notes thereon, hereto attached, made integral parts of this Resolution and marked as Annexes "A" and "B". The Title Blocks shall be used for: (a) Schematic Design drawings and studies; (b) Design Development Documents; and (c) Contract Documents which consist of Construction Drawings and Specifications that set forth in detail the work required for architectural, structural, electrical, plumbing/sanitary, mechanical 6lnd other serviceconnected equipment.
5. Violation of any of these rules shall be sufficient cause for suspension or revocation of the architect's certificate of registration. Violation of these rules shalt likewise be punishable by a fine of not less than five hundred pesos {~500.00) nor more than one thousand pesos (11'1 ,000.00) or by imprisonment of not less than three (3) months nor more than one ( 1) year, or both in the discretion of the Court. This Resolution shaft take effect immediately upon approval by the Commission and after fifteen ( '\ 5) days iol\ow\ng its publication in the Ofiicial Gazette. Done in the City of Manila this 27th day of March, 1984.
ISGD) CESAR V. CANCHELA Chairman ISGO) JUAN A. MARAVILLAS, JR. Member
!SGD) JULIO D. MATIAS Member ATTESTED : (SGD) SALUD M. SAHAGUN Secretary
Approved and promulgated as part of the rules and regulations governing the practjces of architecture this 21th day of September, 1 9 84 . (SGO) ERIC C. NUBLA Commissioner (SGD) NUMERIANO TANOPO, JR. Associate Commissioner
.,
(SGO) DOMICJANO C. NATIVIDAD Associate Commissioner
Published in the Official Gazette Vol. 80, No. 42 p. 5479, 10-15-1984 Issue
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Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Board Reso\ution No. 24 Series of 1 9 84 WHEREAS, in Resolution No. 108 dated September 7, 1 977, the United Architects of the Philippines petitioned the Professional Regulation Commissioner and the Board of Architecture to approve the "General Conditions", UAP Document No. 301 • as a standard document for use by practicing architects in the Philippines; WHEREAS, the "General Conditions", UAP Document No. 301, whose provisions establish · the relationship among the owner, the Architect and the Contractor and stipulate the norms by which the contractor shall perform his work are in consonance with the present trend of architectural practice in the Philippines: WHEREAS, the "General Conditions", UAP Document No. 301. was approved and adopted by the Board of Architecture and the Professional Regulation Commission in Board Resolution No. 15 dated November 15, 1977, as one of the official documents which the practicing architect may use in the discharge of his duties; WHEREAS, the UAP now proposes certain revisions in the aid "General Conditions", UAP Document No. 301, as follows: "Art. 3, Paragraph 3.03, Sub-Paragraph a. "Should a conflict occur between Drawings, or a conflict between Specifications, or between Specifications and Drawings , the Contractor shall be deemed to have estimated a more expensive way of doing work unless he shall have asked for and obtained a decision, in writing from the Architect before submission of proposals as to which method or materials will be required. If, after award, the less expensive work is done, the Contractor shall credit the Owner an amount equivalent to the difference between the more expensive and the less expensive work." "Art 22.04ARCHI,TECTS' ACTION ON A REQUEST FOR PAYMENT: Within fifteen days after receipt of any Request for Payment by the Contractor, the Architect shall either issue a Certificate of Payment or withhold the Request for Payment. When the Architect decides to withhold the Request for Payment, he shall inform the contractor in writing the reasons for withholding it. IF THE CONTRACTOR AND ARCHITECT CANNOT AGREE ON A REVISED AMOUNT, THE ARCHITECl' WILL ISSUE A CERTIFICATION OF PAYMENT FOR THE AMOUNT FOR WHICH HE IS ABLE TO MAKE REPRESENTATION TO THE OWNER." Art. 2 7. CONTRACTOR'S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT: If the Contractor is compelled to suspend work due to hardships or difficulties under b, c, and d above. then the contract sum shall be increased by the amount of the contractor's reasonable costs of shut-down, delay and start up, which shall be effected by appropriate change order." WHEREAS. the Bortrd of Architecture, after receiving said revisions, find them in order to maintain the high leve1 of professionalism in the implementation of infrastructure projects; NOW. THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that the above-stated revisions in the "General Conditions", UAP Document No. 301, are hereby approved· and adopted :
22
RESOLVED FINALLY, that the above take effect upon approval by the Commission and fifteen ( 1 5) days following its publication in the Official Gazette. Done in the City of Manila th is 7th day of November ,.984.
(SGD.) CESAR V. CANCHELA Chairman (SGO.) JULIO 0. MATIAS Member
(SGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED: (SGD.) SALUD M. SAHAGUN Secretary Approved and promulgated as part of the rules and regulations governing the practice of architecture in the Philippines this 26th day of November 1984.
(SGO.) NUMERIANO T ANOPO, JR. Associate Commissioner (SGD.l OOMtClANO C. NATIVIDAD Associate Commissioner Published in the Official Gazette Vol. 80, No. 52 pp. 2145-46 Dec. 24, 1984 Issue
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Resolution No. 2 Series of 1984 WHEREAS, the Board of Architecture, Professional Regulation Commission, and the United Architects of the Philippines (UAP) have long realized the need of adopting a more effective. systematic and efficient regulation or procedure of recording the diversified experience of an applicant for liC\'nsure examination required under Section 18 (d) RA 545, but which is geared along cur·ent prb. tices in the architectural profession; WHEREAS, the UAP in its Resolution No. 18 dated July 14, 1982, submitted for the considerat ion of the Board of Architecture, a draft of the proposed text of the LOGBOOK (Specific . Record) OF DIVERSIFIED EXPERIENCE IN ARCHITECTURE; WHEREAS, a revised copy of the rest of the logbook incorporating provisions -from the Code of
23
Ethics and recent regulations, together with standard forms, was resubmitted to the Board of Architecture on July .1 0, 1983, for its action; WHEREAS, the Board of Architecture, after thorough review and instituting necessary amendments thereto, finds the logbook and standard forms, which are hereto attached and made integral parts of this resolution, to be satisfactory and in compliance with the provisions of RA 545 and other pertinent rules and regulations governing the practice of architecture; in order to achieve high standards in the profession through a proper diversified training program; NOW THEREFORE, pursuant to the powers vested upon it by Sec. 2 and 8 or RA 545 and Sec. 6 (a) of PO 223, the Board of Architecture hereby adopts the attached LOGBOOK OF DIVERSIFIED EXPERIENCE in architecture, UAP Doc. 21 0, as a requirement governing admission to licensure examination for architects, for the immediate compliance by all concerned, non-compliance or violation of which shall be ground for administrative penalties Ot' disqualification from licensure examination, as the case may be; BE IT RESOLVED , as \t \s hereby fesolved, that all applicants for the architect licensure examination beginning July 1986 shall be required to submit the Log Sheets of Diversified Training to the Board of Architecture as a prerequisite for admission to the exa.mination; RESOLVED FURTHER, that all architects in the Philippines are hereby required, under the provisions of UAP Doc. 21 0 to mentor and give practical training and experience or serve as adviser to at least one ( 1) trainee-aspirant to the profession, for a minimum period of four (4} months or six hundred and forty (640) hours for every year. as a requisite for the renewal of certificate of registration, provided that each four-month period is credited for one (1) year; RESOLVED FINALLY, that this resolution, together with the attached LOGBOOK OF OIVERSfFtEO EXPERIENCE IN ARCHITECTURE. UAP Doc. 21 0, consisting of text and standard forms, shall take effect fifteen ( 15) days following its publication in the Official Gazette. Done in the City of Manila this 20th day' of February, 1984.
v:
(SGDJ CESAR CANCHELA Chairman (SGD.) JULIO D. MATIAS Member
ISGO.) JUAN A. MAAAVILLAS, JR. Member
ATTESTED: (SGD.) SALUD M. SAHAGUN Acting Secretary Approved as part of the rules and regulations governing the practice of architecture in the Philippines this 26th day o f M6rch. 1984.
(SGD.) ERIC C. NUBLA Commissioner ISGO.) NUMERIANO TANOPO, JR. Associate Commissioner
24
(SGD.) OOMICIANO C. NATIVIDAD Associate Commissioner
Published in the Official Gazette, Vol. 80, No. 14 pp; 2145· 2146, 4 -2-84 issue.
Republic of the Philippine~ PROFESSIONAL REGULATION COMMISSION Manila
BOARD OF ARCHITECTURE
Board Resolution No. 2 Series of 1983 The Board , in its meeting held today, had for consideration the requirement by law {Sec. 2, RA 545 and Sec . 6a, PD 2231 for an architect to maintain high professional and ethical con· duct because his duties and grave responsibilities to the public be properly discharged unless his motives, conduct, sense of moral values and ability are such as to command respect and confidence, not of his colleagues in the profession but the general public as well . The prohibition of the following acts are designed to rai se the standards of personal behavior or the architect to .f ollow a set of moral principles and values that will project to the public that an architect is a total professional who, aside from being technically competent, is ethical, virtuous, respectable, honest, righteous. and noble in the conduct of his professional and social life. To assure the public of the maintenance of high, professional and ethical conduct of the architect, the Board, in the exercise of the powers vested in it by Section 2 and 8 of RA 545 and Section 6a of PO 223, resolved, as it hereby resolves, to take cognizance of the following acts and practices· as unprofessional or dishonorable conduct and constituting sufficient cause for the reprimand, non-renewal, suspension or revocation of the certificate of registration of an architect that, to wit: 1. Committing any ac;t which is disgraceful, shameful, degrading, repulsive to good morals, disgusting, depraved, based and/or of inferior quality; 2. Addiction to alcoholic beverages and/or improper scandalous behavior arising from drunkenness or under the influence of liquor or drugs; 3 Making, abetting, directly or indirectly, false or misleading press releases or misleading press releases or advertisements, or advertising of services tn a mercantile mann£~r; 4. Sowing abetting or spreading rumors or intrigues, whether factual or not that tend to discredit, destroy. and cast aspersion on the character and honor of fellow drchitect, the accredited professional association, or the profession itself;
a
5. Committing prohibited acts and practices relative to election for any elective office in his professional association, whether committed by a candidate for any elective office or by any other member wh·o benefits from such act, directly or indirectly, in any form or manner, by himself or thru another pers~.n. Giver and recipient shall be liable. These acts are as follows: a. Payment of the dues or other indebtedness of any member; b. Giving of food , drink, entertainment, transportation or any article of value or any similar consideration to any person;
25
c. Making promise or causing an expenditure to be made or offer or promise to any person when used for the purpose of inducing or influencing a member to withhold his vote or to vote or against a candidate; d. Personal advertisement and press release .
6. Aiding or acting as a dummy of a person, firm. company or corporation not authorized to practice architecture in the Philippines.
7. Failure to attend PRC authorized seminars or continuing education programs designed to upgrade his competence and ethical standard as architect;
8. Violation of any provision of official UAP Documents such as Constitution and ByLaws. UAP Doc. 103; Election Code UAP Doc. 104; Uniform Chapter By-Laws, UAP Doc. 1 05 ; and Policy Manual, UAP 106; all forming part of accreditation documents of UAP which are on file with approved and considered by PRC to be in force and effect as the rules governing the conduct of architeets;
9. Failure to comply with any of his duties and obligations as member in good standing of the accredited professional association ;
10. Violation of any provision of the National Code for Architects including the Code of Ethk.al Conduct, UAP Doc. 200, and Standards of Professional Practice, UAP Doc . 201-208 , inclusive; 11. Non-involvement or non-participation in any professional association, community, civic and government activities for community and national development. This resolution shall take effect after fifteen (15) days following its pub!ication in the Official Gazette. Done in the City of Manila this 6th day of January 1983.
(SGD.) CESAR V. CANCHELA Chairman (SGD.) JULIO D. MATIAS Member
(SGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED : (SGD.) JULIAN G. BALLARAN Secretary APPROVED: (SGD.) ERIC C. NUBLA Commissioner
COMMENTARIES ON THE SUBJECT OF: ISSUANCE, REISSUANCE, RENEWAL, SUSPENSION AND REVOCATION OF CERTIFICATES OF REGISTRATION OF ARCHITECTS by CESAR V. CANCHELA, FUAP Chairman Board of Architecture Professional Regulation Commission March 6, ·1984 On Sec. 27 RA 545
The Board· of Architecture shall refuse to issue or renew a certliicate of registra· tion to the following persons:
1 . convicted of any criminal offense involving moral turpitude. 2. guilty of immoral or dishonorable conduct 3. of unsound mind On Sec. 28 RA 545
The Board has the power, upon notice and hearing, to suspend or revoke any cer· tificate of registration of an architect for the following causes: 1. Conviction of any criminal offense involving moral turpitude, immoral and dishonorable conduct, and unsound mind.
2. Use of perpetration of any fraud or deceit in
obt~ining
certificate of registra·
tion. 3. gross negligency 4. incompetency 5. Unprofessional or dishonorable conduct if. he: a) signed and sealed plans, specifications and other documents not prepared by him or under his immediate supervision. b) has paid money, except regular fees, to secure certificate of registration. c) falsely impersonated another practitioner other than himself. d) has aided or abetted practice of architecture by persons not authorized. or by being a dummy or such persons for said purpose. 6. Such other acts and practices which the Board may motu propio take cognizance of by proper resolution or order, as constituting sufficient cause for suspension or revocation of certificate of registration. a} (Note: Res. No. 2 of 1983, taking cognizance of certain acts and practices as unprofessional or dishonorable conduct and constitute sufficient cause for reprimand , non-renewal, suspension or revocation of the certificate of registration of an architect). The resolution has been promulgated as part of the Rules and Regulations governing the practice of architecture. On Sec. 61. PD 223
The Board of Architecture has the power and responsibility, after due process. to suspend revoke or reissue certificate of registration for causes provided for by law or by the rules and regulations promulgated therefor.
27
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF ARCHITECTURE
Board Resolution No. 9 Series of 1982 The Board, in its meeting held today, had for consideration the current professional practices. services and activities of the architect, here and abroad, which the Board considered and accepted as functions of architectural practice since these acts constitute the scientific and orderly coordination of all processes which enter into the production of a complete building or "structure" as provided in Section 14 (c) of Republic ct. No. 545. For the maintenance of high ethical and technical standards in the practice of architecture in the Philippines, the Board of Architecture, in the exercise of the powers vested in it by Sections 2 and 8 of Repu~lic Act No. 545, hereby declares, as it is hereby declared that the following acts constitute the scientific and orderly coordination of all processes which enter into the production of a complete building or structure and are w ithin the scope of the practice of architecture. The act of physical and land use planning; site planning; site selection, analysis and utiliza· tion; site development planning ; landscaping; subdivision planning; housing design ; urban planning and design; town and city planning; environmental site analysis and design; community architecture design; space programming and planning; architectural detailing; interior detailing and furnishing; designing architectural interiors; architectural programming; construction management; project management; work supervision; estimating; construction ad.. ministration; architectural lighting; architectural acoustics; mechanical. electrical, sanitary and utilities systems and equipment planning; teaching major architectural subjects, preparing proiect feasibility, financing, programming and promotional studies, and building maintenance and administration. This resolution shall take effect after fifteen ( 15) days following its publication in the Official Gazette. Done in the City of Manila, this 22nd day of February , 1982.
(SGD.l CESAR V. CANCHELA Chairman (SGO.I JULIO B. MATIAS Member.
tSGD.) JUAN A. MARAVILLAS, JR. Member
ATTESTED: (SGO.) JULIAN G. BALLARAN Secretary APPROVED: as part of the Rules and Regulations governing the practice of architecture, this 24th day of February, 1982. (SGO.) ERIC C. NUBLA Commissioner
28
(SGD.l NUMERIANO TANOPO , JR. Associate Commissioner
(SGD.) DOMICIANO C. NATIVIDAD Associate Commissioner
Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF ARCHITECTURE
Board Resolution No. 5 Series of 1982 The Board in the meeting held today. had for consideration the unnecessary and deceptive information on the title block of architectural plans. It has been noted by the Board of Architecture, that a.s prevalent practice, the names of corporations, firms or non-registered persons, who are neither project · owners nor architect/authors appear in the title block of architectural plans, specifications, correspondence or .other instruments of service of the architect, such practice and devices which tend to convey to the general public, the. impression that such corporation, firm or non-registered person practice or offers to practice architecture or any R~gistered persons. Furthermore, this common branch of function thereof, is in violation of the architecture law, A.A. 545, which prohibits the practice of architecture by corporations and non-registered persons . Furthermore, this common practice is not in accordance with the Standard Form for Plans as regulated by the implementing rules and regulations of P.O. 1096, otherwise known as the National Building Code. To protect the public from such misleading, unnecessary and deceptive information, and so that the law may not be circumvented, for the maintenance of good ethics and standards in the practice of architecture in the Philippines, the Board of Architecture, in the exercise of the powers vested in it by Sec. 2 and B of R A . 545, hereby resolved as it hereby resolves, to promulgate and adopt the following regulation as a supplement to the existing rules and regulations of the Board implementing the provisions of A.A. 545: It shall be unlawful to place the names of corporations. firms or non-registered per· sons, except as project owners. in the title block of architectural plans, specifications, correspondence or ~ther instruments of service of the architect. All plans, specifications, correspondence, reports and other instruments of service of the architect shall indicate only the name of the architect, or architects in group practice, who prepared, signed, sealed and is responsible tor said documents of projects owner, shall appear thereon. The t itle block for architectural plans shall conform strictly to the Standard Form fo~ plans, as required under the regulation of P.O. 1096. (National Building Code). Violation of this regulation by any person, natural or judicial. shall be punishable by a fine of not less than five hundred pesos nor more than one thousand pesos or imprisonment of not less than six months nor more than one year, or both, in the discretion of the Court, without prejudice to any administrative action in accordance with Section 8 of R.A.
545. rhis regulation shall take effect after its approval by the Professional Regulation Commission fifteen ( 1 5) days following its publication in the Official Gazette. Done in the City of Manila, this 29th day of January, 1982. (SG D.) CESAR V. CANCHELA Chairman
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!SGD.) JUAN A. MARAVILLAS, J R. M ember
!SGD.l JULIO D. MATIAS Member ATTESTED: (SGD.) JULIAN G. BALLARAN Secretary
APPROVED: ·as part of t he Rules and Regulations governing the practice of architecture, this 8th day of February, 1982 .
\SGD.) ERIC C. NUBLA Commissioner ISGO.) NUMERIANO T ANOPO, JR. A ssociate Commissioner
(SGD.) OOMICIANO C. NATIVIDAD Associate Commissioner
COMMENTARIES ON ART. 1 723 OF THE REVISED CIVIL CODE REGARDING ARCHITECTS OR ENGINEERS LIABILITY FOR DAMAGES January 13, 1984 By CESAR V . CANCHELA, FUAP Chairman. Board of Architecture Professional Regulation Commission "ARTICLE 1 723" The engineer or architect who drew and authored specifications for a buildings is liable for damages within fifteen years from the completion of the structure, if the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarity liable with the contractor. Acceptance of the building after complet ion, does not imply waiver of any cause of action by reason of any defect mentioned in the preceding paragraph. · · The action must be brought within 10 years following the collapse of the building." From the above law, the following implications are clear: 1. Art. 1723 conforms to and reaffirm RA 545, particularly Sec. 25 and Sec .
14~ cl.
2. The collapse of a building is attributable to defective structural plans and specifica· tlons. defective construction, or improper supervision ot construction. Defects in mechanical, electrical or sanitary plans will not cause the collapse of the building but can cause damage. · 3. Responsibility and liability for damage due to defects in the structural plans and specificat ions rests upon the engineer or architect who drew up and signed such plans and specifications. defect in which had caused the collapse of the building . 4. Article 1723 clearly implies that only the engineer or architect prepares structural plans and specifications of buildings. Please note however, that since th e word "ar· chitect" is specific, there is no doubt that the architect does prepare structural plans of buildings. Besides , the architectural and structural designing of buildings is the
30
practice of architecture as defined by RA 545 Sec. 14{c}. However, since the word "engineer" is not described, it can refer to civil, structural, mechanical, electrical, sanitary or other engineer. 5. Since the word "engineer" in Art. 1723 is not specific, in present practice however, it can be implied to refer to a "structural engineer". A structural engineer is a civil engineer who holds a specialty certificate of registration or recognition as such, issued by the Professional Regulation Commission. The word "engineer" therefore in Art. 1 7 2 3 can be correctly described without contradiction as the structural plans and specifications, and certainly not an ordinary civil engineer. 6. Either the engineer or architect may supervise construction and be held solidarity liable with the contractor. Again the word "architect" is specific while the word "engineer" is not but in present practice may however be implied to mean a civil engineer who possesses special knowledge of supervision or construction management of buildings and holds a PRC certificate of registration or recognition as such. 7. Structural design of buildings may not be qualified nor limited in scope for either the structural engineer or the architect. The concept is not supported by any existing Jaw on universal practice. What is important is that professional responsibility and liability is assumed by the structural engineer or architect who prepared and signed the structural plans and specifications of the buildings. 8. Although defects in mechanical, electrical, or sanitary or other engineering plans and specifications will not cause the collapse of the building, damages to the building should be the responsibility and liability of the corresponding engineer who prepared and signed their respective plans and specifications for the building. These engineers should be solidarily liable with the contractor if they supervise the construction of their respective branches of the work. g. Under Art. 1 7 2 3, only one signatory is required for the plans and specifications for any branch of the work required for the completion of a building. He is either the architect or corresponding engineer for such branch of the work.
.
HIGHER AGENCIES INVOLVED IN SHELTERS
;See additional lists on page 41)
HOUSING AND LAND USE REGULATORY BOARD IHLURBt Formerly the (HUMAN SETTLEMENTS REGULATORY COMMISSION) !HSRC) By virtue of Executive Order No. 648, the HSRC was organized to foster the growth and renewal of urban and rural communities in an integrative manner that promotes optimum. land use, adequate shelter and environment protection. It is to enforce, implement, coordinate and streamline land use policies and regulations on human settlements, including ~he implementation and enforcement of the Urban Land Reform Decree, land value and building rental regulations and other related laws.
HOME DEVELOPMENT MUTUAL FUND {HDMF) The HDMF administers the PAG-IBIG fund, a provident savings fund for housing. It entitles PAG-IBIG members who are public and private employees as well as the selfemployed to housing loans. NATIONAL HOME MORTGAGE AND FINANCE ·cORPORATION (NHMFC} NHMFC .is tasked with the generation of a continuing source of fund for housing through the secondary mortgage market system that seeks to attract private investments into housing. This system takes the risks from private investors who are in
31
HFC's main functions to attract private sources of capital for home financing. It pro~ vides mortgage credit insurance by acting as guarantor of individual home loans to assure the payment of said mortgage loans. It is also directly involved in providing construction and development finance for housing. NATIONAL HOUSING AUTHORITY tNHA)
The NHA is the construction agency of the Ministry. It is responsible for undertaking housing development and resettlement and for prescribing guidelines and standards for the reservation , conservation, and utilization of public lands identified for housing and resettlement. NATIONAL HOUSING CORPORATION (JIJHC)
The NHC is responsible for developing, standardizing and mass producing building materials for housing and stockpiling of the same gowrnment housing projects. HOME FINANCING CORPORATION (HFC) HFC was formerly the Home Financing Commission created in 1965 by the President Ramon Magsaysay to ease the housing problem. It was revitalized in 1979 by Presi~ dent Marcos through Executive Order No. 635 which strengthened its original func~ tion and expanded its powers to make it more responsive to the country's growing shelter requirements. LOGBOOK
The Logbook of Diversified Experience in Architecture involves three groups: .the Trainees who are prospective examinees, the Mentors who are licensed architects and the Advisers who are faculty members for trainees while still students . Graduates are not required to have advisers where trainee graduated from. Each group is given specific guidelines in the implementation of the program. The general objective is to ensure that those who shall take the licensure examination for architects have had sufficient diversified experience necessary in comp\iance with the provisions of R.A. 645. It also aims to require all the practicing architects to take upon themselves the mentorship of the aspir.a nts to the profession as a salient provision of the Architects' Co.de of Ethics. The logbook includes the rules of training, activity areas, ancillary subjects and diversified training forms, which record the diversified experience gained by the trainee. The forms must be duly certified by the mentor and the adviser. A SPECIFIC RECORD OF DIVERSIFIED EXPERIENCE is required by law to be establish· · ed to the satisfaction of the Board of Architecture, prior to admission to licensure examination. Section 18 of RA 545 entitled "Qualification of Applicant for Examination", provides among others, that any person applying for examination and for a certificate of registration as architect shall, prior to admission to examination, establish to the satisfaction of the Board that he or she has a ., specific record of at least two years diversified experience as architectural draftsman, clerk-of -work, specification writer or superintendent: provided, however, that an applicant holding a Master's·d~gree ih Architecture from a school, college, university or institute recognized by the Government or the State in which it is established , shall be credited one year in his practical experience. " The Board of Architecture holds the view that an applicant; in order to acquire the minimum two year diversified experience must necessarily ga\n experience in all work designation above~enumerated. For instance, two years practical ex~ perience solely as specification writer cannot be considered as diversified experience. turn assured by the NHMFC, thereby ensuring wide participation of private financing institutions.
32
Candidates who have had practicat training and/or experience in other countries may be given accreditation according to the requirements established in the logbook or as required by the Soard of Architecture. Each training and/or experience period must be duly certified by the mentors or offices where he worked, and must be submitted to the Board of Architecture . Professional Regulation Commission, together with his application for examinati on. The Board of Architecture shall determine the equivalent credit hours of such training and/or experience, and in no case shall the experience gained in other countries be credited by more than 2000 hours. To complete the required diversified experience of two years or equivalent of 3840 hours, he is required to log at least 2000 hours of diversified experience in the Philippines. The Nationa l Code for Architects on the other hand , emphasize in no uncertain terms in its UAP OQC. 200; .Code of Ethics, that it is the duty and moral obligation of an . aspir.ant to the profession." (Architects Code of Ethical Conduct). Pursuant to this, the Board of Architecture will require every architect to give training to at least one trainee aspirant to the profession. for a minimum period of four (4) months for every year. This will afford a greater number of trainees to acquire the experience required under several architects . Through time, the various Boards of Architecture in the past have.devised ways and means to enforce ~he requirement on diversified experience and to rationalize and institutionalize a system to make the requirement more effective and efficient for the benefit of all concerned. This logbook of Diversified Experience is a result of the reconciliation of an architect's moral duty under the Code of Ethical Conduct and the trainee' s obligation to acquire diversified exi>erience and as required by law. This logbook when faithfully accomplished is specif.ic and reliable record of diversified experience that establishes to the ·satisfaction of Board of Architecture, an applicant' s qualification for admis· sion to take the licensure examination as required by law.
tne
DATE OF EXAMINATION Examrnation "shall be given twice·a year in the City of Manila and othe! places where conditions may warrant on the second Mondays, Tuesdays, and Wednesdays of January and July provided such days do not fall on a holiday, in which case the working day following will be the day of examination." Since passing the examination will lead directly to the issuance of certificate .of registration by the Board of Architecture and corporate membership in the United Architects of the Philippines, it is designed to test if the candidate has reached a desirable standard of professional competence and proficiency.
OBJECTIVES Of: LtCENSURE EXAMtNATION a. to test knowledge of subject matters , intellectual abilities and skills, apptication , analysis, synthesis and evaluation; b. to test the student proficiency in architecture and his knowledge, professional practice and ability to apply it; and to reveal his understanding of the ethics and responsibility of the professional; c. to assess the practical diversified experience he has gained. The arrangements for a diversified training program are designed to guarantee that the
33
qualifying candidate will not fail in llis professional responsibilities. The program acts as a complement to the theoretical knowledge he has learned in school so as to supply the can· didate w ith the experience which cannot be learned by other means. OT Form 001 and OT . Form 002 are included in every Logbook which gives the rules for the scheme and discusses the varieties of experience encourage. Professionalism under.(B) involyes a matter of judgment. and the examination is designed to reveal a candidate's competence and his ethical standards and character. SYLLABI & CONTENTS Of SUBJECTS OF LICENSING EXAMINATION FOR ARCHITECTS 1 . ARCHITECTURAL DESIGN AND PLANNING - 40% .
·Physical & ·land use Planning, Environmental Planning, Urban Planning & Design Space Planning, Utilllatlon and Programming; Interior Design; Site Development Planning; Site f'(anning. Selection Analysis and Utilization~ Landscape Architecture; Town and .City Planning; Architectural Detailing; Architectural Programming; Community Architecture; Sub-division Planning; Housing Design; Tropical Design; Building Design; Monumental Design; Architectural Design of Engineering Structures. 2. STRUCTURAL DESIGN AND UTILITIES SYSTEMS - 30% · Architectural Structures; Building Technology; .Reinforce~ Concrete; Steel Design; Timber Design; Theory of Structures; Stress Diagrams. Soil Mechanics; Seismic Analysis and Design Application; Mechanical, Electrical , Plumbing, Sanitary and Utilities Systems and Equipment; Architectural Lighting; Acoustics and Lighting. · 3 . ARCHtTECTURAL PRACTICE AND HISTORY OF ARCHITECTURE - 30% Specifications; Professional Regulatory Laws; RA 545; PI;> 223; LOI 1000; National Building Code;· Fire Code; Zoning Regulations; BP 220; PO 957 (Subdivision Law), Project Feasibility, Financing. Programming, Promotional Studies; Estimating; Architects National Code; Standards of Professional Practice UAP Doc. 201 208; Code of Ethical Conduct UAP Doc. 200; Contract Documents and General Conditions UAP Doc . 301; Documents of UAP Organization; Building Materials; Systems and Methods of Construction; Construction Management Works Supervision; Construction Administration; Building Administration; Construction Scheduling; History ~nd Theory of Architecture; Filipino Architecture; Legacies and Conservation. RATINGS AND PASSING AVERAGE A general average of 70% with no subject lower than 50 is .required to pass the examination. RE-EXAMINAliON An applicant who for the third consecutive time fails to pass the examination shall not be allowed to take another until at least one year has eiapsed his last examination.
after
A. GUIDANCE NOTES FOR TRAINEES
1'. OBJECTIVE The purpose of r.ecording in detail in the logbook the scope and period of practical diversified experience gained is to meet the requirement that those who shall take the licensure examination for Architects have had sufficient diversfied e)(J)8t'ience neces·
34
sary and duly recorded, in compliance with the provisions of A.A. 545 .and pertinent · to the Board of Architecture Resolutions. 2. NEED FOR ADVISER
It is advisable for the Trainee to choose his own Adviser. The Trainee shall: a. Report to the Adviser at least once a month to assess and certify the progress and work or training accomplished. b. Notify the Adviser of any change of training venue and status.
3. PLANNING YOUR ~ACTICAL TRAINING In planning your training program. do bear in mind that the rules and time limits are simply minimal and intended to guide you into the pattern of training that is likely to prove most effective. but it is the Board of Architecture who will finally decide whether your practical training has been adequate upon favorable recommendations by the UAP. The rules are drawn broadly so as to allow for complementary periods of training .
4. RANGE OF PROFESSIONAL ACTIVITIES During the required minimum period of two (2) years (3840 hours) the trainee should. seek opportunities whenever possible to participate in or at least observe the follow· ing activities. in coordination with his mentor. a. Meetings with clients, including discussions oi the brief and project drawings. b. Preliminary site investigations. meeting witr. local authority ofticials; c. Preparation of design and production drawing, specifications-and schedules; d. Meeting with contractors. surveyors, structural, mechanical, sanitary eng"ineers and other consultants; e. Pre-contract job management, contract, procedures, correspondence and reports; f. Site visits, site meetings with members of the construction industry; g. Post completion procedures. defects liability inspections and; h . Office procedures and o~ganization. Not all these activities are always available but a deficiency in your record may be treated objectively by the board of Architecture provided you may have every effort to compensate for the omission. For instance, a lack of experience in contract ad· ministration will be mitigated by a deliberate study in your own time subject to the recommendations of your Adviser. Your aim should be to maximize for educational ends the particular kinds of experience which the mentor is able to provide. 5. WORK EXPERIENCE UNDER ALLIED PROFESSIONALS
Work experience under licensed allied professionals may be credited provided, these. · are under the supervision of allied professionals concerned. The scope is obviously very wide and you must ask yourself just how valuable in each case the experience will be to you from a professional view point. Two weeks spent in a constructor's firm as a "checker" in the job site will give a trainee an excellent appreciation of the constructor' s work. Two months would have been an extravagance. Consult your Adviser in all such cases. /
6. QUALITY OF EXPERIENCE
The Board of Architecture will be concerned with the quality of your experience as wit~ its diversity. Much will depend on the way you approach the job and the con-
35
fidence you inspire in your mentor. The aim should be to use each task as an educational exercise as well as in gaining experience : If for instance, you are asked to prepare a contract for a small house, work out (in your own time) a critical path network and compare your forecasts with actual progress. On the site you should make a slump test and check levels dimensions and perpendiculars in order to gain experience in judging tolerances that are acceptable. Effective inspection of building work is a most important field of experience to acquire.
7. BASIS OF COMPUTATION OF TRAINING PERIOD The total number of hours that a full time trainee will earn in two (2) years is as follows: At eight (8 l five (5 l forty-eight 148) equals 8 x 5 x 48
=
hourS/day days/week work weeks/year 1,920 hours/ year or 3,840 hours in two 12) years
In no case, shall the diversified training period be less than a total of 3,840 hours.
8. THE LOGBOOK The trainee must secure a registered copy of the official Logbook as approved by the Board of Architecture. Professional Regulation Commission from the United Ar· chitects of the Philippines for an amount to cover cost only, duly approved by the Commission. For records of training and experiences _in architecture and allied professions the trainee should-fill up DT form 001 citing the synopsis of work completed under a men.tor. The trainee must accomplish DT form 002 showing a summary of the total number of hours required credit for each field of practice. DT form 003 must indicate a summary of the training venues, listing the mentors and advisers. Should additional forms be needed, these 'can be obtained from the UAP Secretarial. 9. MATERIALS NECESSARY IN TRAINING PROGRAM When undergoing training, a trainee should supply himself with his own drafting equipment and materials like, T -squares, triangles, technical pens, pentel pens, colored pencils, tracing papers and others that are necessary to the execution of work, unless otherwise offered by the mentor. 10. DUTIES AND RESPONSIBILITIES OF THE TRAINEE a. b. c. d.
To select an Adviser and to consult him regularly. To seek placement with mentors or firm for di-versiiieti tra\ning. To accomplish the required forms (jf the Logbook. To observe and follow all office rules and regulations issue with rtients. 3. Meetings with local authorities
40
4. Prepar~tion of presentation materials, audio-visual aids, scaled models and other promotional studies. 5. Preparation of minutes and reports 6 . Site visitations and inspections 7. Preparation of architectural and structural design documents. 8. Architectural drafting and preparation of contract drawings. 9. Materials selection and specification writing. 10. ·cost planning, quantity estimating and cost controlling. 11 . Meetings and brainstorming with design team. 1 2 . Conference with building team 1 3. Office management, general administration and procedures. · 14. Pre-contract job management 1 5. Construction administration and works supervision. 16. Post-Construction and building operations . These activities together with the list of training can be utilized as a checklist in monitoring the practical experience you have gained during your tenure of traini~g.
H U DCC -
Housing and Urban Development Coordinating Council {an office mandated to coordi· nate and supervise the government's housing agencies.lt is also tasked with monitoring the perlormance of the housing sector, and is also involved in r&search and policy formations and policy advocacy. The HUDCC administers the government's national shelter program. Under the HUDCG structure, the SSS, the GSIS, and Pag-lbig are the frontliners. Thls also include the UHLP and HDMF. Below are the key housing agendes, the NHMFC. NHA, HLAB, and HIGC which are direct HUDCC supervision. The support agencies are the DBM, NEDA, DBP, OF. OPWH, and Representatives of four private sector organizations, which may be from SHOA. CAEBA, REBAP,PARE B. NAR, UAP, etc.)
A.. FRONTUNERS
8.
SSS
-
Social Security System (coverage in the SSS shall be compulsary upon all employee.s not over sixty years of age and their employers for the private sector)
GSIS
- Government Service Insurance System (The insurance system for the Public Sector)
PAG-IBIG
- Pag-lbig Fund (a provident savings fund for housing open to most private ent~ies)
UHLP
- Unified Home Lending Program (This is administered by NHMFC from funds constributed by SSS, HDMF and GSIS)
HDMF
- Home Development Mutual Fund (The HDMF administers the Pag-lbig fund, it ent~les Pag-lbig members who are public and private employees as well as the self-employed to housing loans).
KEY HOUSING AGENCIES
NHMFC
- National Home Mortgage Finance Corporation (The agency mandated to administer mortgage take-outs of buyers originated by banks and developers, faced with administrative problems in loan processing like shortage of evaluators, and computers as wall as power outages.}
41
NHMFC is tasked with the generation of a continuing aouroe of fund for housing through the seoondary mortgage market system that seeks to attract private investments Into housing. This system takes the risks from private investors who are in HFC's main functions to attract private sourcfi of capital for home financing. n provides mortgage credit Insurance by acting as guarantors of individual home loans to assure the payment of said mortgage loans. ll is also directly involved in providing construction and development finance for housing. NHA
- National Housing Authority (The Af,jeney tasked for the building d housing units and residential condominJums. The NHA also facilitates joint venture projects among landowners, developers, financial institutions and local governments.) It is responsible for undertakIng housing development and resettlement and for prescribing guidelines and standards for the reservation, conservation, and utilization of publlc Ianda identified for housing and resetttement.
HIGC
- Home Insurance Guarantee Corp. (insuring the subdivisions and also a lending entity)
HLRB
-
Housing and Land use Regulatoty Board (The government's principal regulatory body in housing and land development.) h is to enforce, implement, coordinate and streamline land use policies and regulations on human settlements, including the implementation and enforcement of the Ulban land Reionn Deaee, and value and building rental regulatlons and other related laws. The approval of preUminary and subdivision schemes and development plans of all subdivisions for residential, commercial industrial and other purposes of the pubtic and private sector, is now being transferred to the LGU - (local government units) as per the new local government code.
C. SUPPORT AGENCIES OBM
-
Department of Budget and Management
NEDA
-
National Economlc and Development Authority
DBP
-
Development Bank of the Phifeppines
OF
-
Department of Finance
DPWH
-
~partment
of Public Works and Highways
D. PRIVATE SECTOR ORGAHIZAllONS SHDA
-
Subdivision and Housing Developers Association, Inc.
CREBA -
Chamber of Realtors and Builders Associaton
REBAP -
Realtor$ and Builders Association of the Phils.
PAREB
-
Philfppine Association of Realtors and Builders
NAR
-
National Association of Realtors
UAP
United Architects. Phils.
E. OTHERS PEA USAid
Public Estates Authority (An agency tasked to implement relocation of squatter families.) -
United States At;ymc:tj for International Development
PADCO -
Planning and Development Collaborative international
NUOHF -
National Urban Development and Housing Framework (The comprehensive development plan urban and urbanizable areas intended primarily to uplift the conditions of the underpriveleged and homeless citizens in Urban areas and in resettlement areas.
This consist of volume I for macro framework for national development and housing, while volume It covers the guidelines for local government units, including town planning guidelines in condensed form, shelter P*tnning guidelines, implementing rules and regulations.
42
NATIONAL BUILDING CODE IMPLEMENTING RULES AND REGULATIONS RULE 1 BUILDING PERMIT APPLICATIONS A. DEFINITtONS 1 . BUILDING PERMIT - a written authorization granted by Building Official to an applicant allowing him to proceed with the construction of a specific project after plans, specifications, and other pertinent documents have been found to be in conformity with the National Building Code (PO 1096} and its implementing rules and regulations. It includes any or all of th~ Permits enumerated under Section 1 of Rule 11 1. {see page 49B 2. CONSTRUCTION - all on-site work done from site preparation, excavation, foundation; assembly of all the components and installation of utilities and equipments of building/structures. 3. ERECTION - Installation in place of components of a building/structures. 4. ADDITION - Any new construction which increases the height or area of an existing building/structures. 5. AlTERATION - construction in a building/structure involving changes in the materials used, partitioning, location/size of openings, structural parts, existing utilities and equipment but does not increase the overall area thereof. 6 . RENOVATION - Any physical change made on a building/structure to increase its value, utility and/or to improve its aesthetic quality. 7. CONVERSION - a change in the use or occupancy of a building/structure or any portion/s, thereof which has different requirements. B. REPAIR - Remedial work done on any damaged or deteriorated portionls of a building/structure to restore its original condition. 9 . MOVING - The transfer of a building/structure or portion/s thereof from its original location or position to another, either within the same lot or to a different one. 10. DEMOLITION - The systematic dismantling or destruction of a building/structure. in whole or in part. 11 . ANCILLARY BUILDING/STRUCTURE - a secondary building/structure located within the same premises the use of which is incidental to that of the main building/structure.
B. BUilDING PERMITS: No person, firm, or corporation, including any agency or instrumentality of the government shall erect, construct, alter. repair, move, convert, or demolish any building or structure or cause the same to be done without first obtaining a building permit therefore from the Building Official assigned in the place where the subject building is located or the building work is to be done. However, a building permit shall not be required for the following constructions and-repairs: provided that said constructions or repairs shall not violate any provisions of the Code and its implementing Rules and Regulations:
a. Minor Constructions: 1. Sheds, outhoiJses. greenhouses, children's playhouses, aviaries. poultry houses
44
and the like. not exceeding 6 sq. m. floor area, provided they are completely detached from any other building and are intend~d only for the private use of the owner.
2. Addition of open terraces or patios resting directly on the ground, not exceeding 20 sq. m. in floor area. exclusively for the private use of the owner.
3. Installation of Window grilles. · 4. Garden pools for the cultivation of water plants and/or aquarium fishes not exceeding 500 millimeter {0.50m) in depth. 5. Erection of garden walls other than party walls not exceeding 1.80 meters .in height, cementing, of footpaths, garden walks and/or driveways.
b. Repairs: 1 . Repair works not affecting or involving any structural member, such as replacement of deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceilings and/or sidings.
2. Repair of non-load bearing partition walls.
3. Repairs of any interior portion of a house not involving addition or alteration. 4. ·Repair and/or replacement of window and floorings. 5. Repair of perimeter fence and walls.
6. Repair and/or replacement of sanitary or plumbing fixtures, such as toilet bowls and cisterns, urinals and bidettes. pipes. fc.ucets, valves, water pumps and/or tanks.
7. Repair or replacement of faulty or deteriorated wiring devices, fixtures and safety devices, provided that no alteration shall be made on the service entrance and the main switch or breaker, and that no additional circuits shall be added. C. REQU,REMENTS Any person desiring to obtain a building permit shall file an application therefore in writing and on the prescribed form. (see. page 490, 492 and 4941
1. Together with the accomplished application form the following shall be submitted to the office of the Building Official: a. ln case the applicant is the reg)stered owner of the lot. 1 . Certified true copy of TCT (Title)
2. Tax Declaration 3. Current real property tax receipts (all xeroxed in 3 copies! b. In case the applicant is not the registered owner of the lot.
1 . Duly notarized copy of the contract of lease or 2. Duly notarized copy of the Deed of Absolute Sale, or 3. Duly notarized copy of the contract of sale. Five (5) sets of plans and Specifications, and Bill of Materials, Prepared, signed and sealed. {see page 4601 a. b. c. d.
by a duly licensed architect in case of architectural. by a duly licensed civil engineer for structural plans. by a duly licensed electrical engineer, in case of electrical plans. by a duly licensed sanitary engineer or master plumber, in case of plumbing or
45
sanitary installation plans. e. by a duly licensed professional mechanical engineer, in case of mechanical plans. 2 . The Building permit fQrms shalt be accomplished and s\gned by the Architect who prepared the plans and also the architect who will be in charge of the construction. The owner shall also sign the form. (see page 490)
3. The application for electrical permit form shall be duly filled up and bear the signature of 'the Electrical Engineer who prepared the Electr ical plan and also the signature of the Electrical Engineer who is in charge of the installation. fsee page 4921 4. The application for plumbing/sanitary forms shall bear the signature of the sanitary or master plumber who prepared the plumbing plans and the signature of the plumber in charge of the plumbing installations. (see page 494l 5. Logbook tsee page 521 NOTE: Plans and Specifications shall not be required f or: a) Trapment showing position of building in relation to lot, existing buildings within and adjoining the lot shall be hatched and distances between the proposed and existing, buildings shall be indicated.
c. PERSPECTIV E d . Floor Plans at scale of not less than 1:100 m for a small residence. a scale of 1:50 is good. e. ELEVATIONS -
at least four (4)
f. Sections - at least two (21 g. Foundation Plan at scale 1 :100 or more h. Floor -
framing Plan
i. Roof - framing Plan j. Details of Footing/Column at any convenient scale. k. Details of Structural Members, like stairs.
I. Balconies, Trusaes, Beams. etc. arch'l details like closets, cabinets etc.
5.2 STRUCTURAL ENGINEERING DOCUMENTS: a. Design analysis shall be required for all buildings or structures except for the following. 1 . Traditional indigenous family dwellings 2 . Single detached residential buildings with a total floor area up to 20.00 sq. m . b. Boring and Plate Load Tests (Soil Classification) required only for buildings or structures of four (4) stories and higher:
47
PER.SPC:C.i\VE.
48
SEC. 25 RA 545 Drawings and specifications duly signed, sealed or stamped, as instruments of service. are the property and documents of the architect, whether the object for which they are made is e~ecuted or not. It shall be unlawful for any person, without the writter~ consent of the architect or author of said documents. to duplicate or to make copies of said documents for use in the repetlti011 of and for other projects or buildings, whether executed partly or in whole.
EXAMPLE OF PA61N6
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*Wheel bumper shail be used if parking lot pit'tement is at same level as accessible walkway. 3.3 Maximum distance of accessible parking area from facility served. Perking areas for the physically handicapped shall be within 60 m. of the facility being served. This shall be measured from the farthest parking space along ac- · cessible path t o the closest accessible entrance. {See Fig. 2).
rACILITY Sl RVUJ WALK WA'r
Fig. 2
I'ARKING
PARKING
I
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3 .4 AU accessible parking spaces for the handicapped shall have the international symbol of access (See Fig. 3}.
Fig. 3
All signs are to be in white graphics on a dark blue background.
Size for exterior use shall be 30 em. or 60 em. by 60 em . lettering for brief facility identification for the· partially sighted shall be a minimum height of 5 .0 em.
4. LOADING SLOT REQUIREMENTS:
124
4 .1 Stores, manufacturing, wholesale of mercantile buildings/structures. or similar occupancies.
1 loading slot for every 5,000 sq.m. of gross floor area with a minimum of 1 truck loading slot .
4. 2 Hotels and hospitals
1 truck loading slot
GUIDELINES IN THE DESIGN OF PUBLIC BUILDINGS/STRUCTURES Pursuant to Section 203 of the National Building Code {PD 1 096) the following guidelines shall be observed in the design of public buildings/structures: · 1 . Public buildings/structures are permanent buildings/ structures owned by the government, wheth~r national or local, its agencies, including government-owned and/ or controlled corporations. 2. Design of public buildings/structures aside from baing logically functional and structurally souQd, should promote, enhance and express the aesthetic quality, customs and traditions.socio-economic values and cultural heritage of the region towards a distinct Filipino architecture. 2 . 1· The architectural character of public buildings/ strl,lctures should express the nature of their functions, use or occupancy and should reflect their identity as public buildings/ structures compatible with their total environment. 2.2 Public buildings/structures should be designed for permanence. 2. 3 Use of indigenous and/or locally manufactured/ produced materials, such as marble, stone, adobe, clay tiles, wood, coco wood, kapis shells should be maximized. 2.4 Use of natural light and ventilation by means of proper orientation, cross ventilation, convection, sun control devices and the like should be maximized. 2. 5 Choice of finishes should aim to minimize maintenance costs, 2.6 Decorative motifs and ornaments should evolve f rom native, ethnic or regional arts and be an inherent expression of the whole design. These guidelines are not intended to limit the creativity of the designer nor preclude the use of advanced or innovative technology. BATAS PAMBANSA BlG. 344 , . . Q.C .... Julv 26. 1982 Be it enscted by the Batasang Pambansa in session assembled
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSON BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS. ESTABLISHMENTS AND PUBUC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES. SECTION 1. In order to promote the realitation of the rights of disabled persons to participate fully in the social li fe and the development of the societies in which they live and the enjoyment of the oppor· tunities available to other citizens, no license or permit for the construction. repair or renovation of public and private buildings for public use, educational institutions, airports. sports and recreation centers and complexes, shopping centers or establishments, public parking places, work-places. publlc utilities. shall be granted or issued unless the owner or operator th!;lreof shall install and incorporate in such building, establishment, institution or public utility, such architectural facilities or structural features as shatl reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railings and the like. If feasible, all such existing buildings. institutions, establishments, or public utilities may be renovated or altered to enable the disabled pe~ns to have access to them: Provided, however, That buildings. institu· tioos, establishments. or public ut~ities to be constructed or established for which licenses or permits had already been issued may comply with the requirements of this law: Provided. further, That in case of government buildings, street and highways, the Ministry of Public Works and Highways shall see to it that the same shall be provided with architecturallacifities or ~tructural fea1ures for disabled persons. In the case of the parking place of any of the above institutions. buildings, or establishment, or public utilities, the owner or operator shall reserve sufficient and suitable space for the use of disabled persons. SEC. 2. In case of public conveyance, devices suc'1 as the prominent display of posters or stickers shall be u!ied to generate public awareness of the right€. of the disabled and foster understanding of their special needs. Special bus stops shall be designed for disabled persons. Discriminating against disabled persons in the ca.rriage or transportation of passengers is hereby declared unlawful.
125
!1.10 Minimum when oar Is pulled oa for at. poat.lble
access area
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3 .70 H 3 .70 )( 2 .50 ~ 2 .60) handicapped reou or PARKING LOT DIMENSIONS LOCATED NURIST THE ButLDIMe
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OUTLETS
URINAL
MULTIPLE ACCOMOOATIONS
SHOWIR SlAT
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CURB CUT-OUT to ..,. provided ot every pedeatrtc:ln croulnt ELEVATION
ELEVATION 8101 TRAtiSFIR
landing
~(---6=·= 00 ~---~~~·~~--~·=·0=0~.~ RAMP 8PI!:C1FICAT10H t> S'-Pe of ,._, stHIU not ex.oeed 1:12
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SPACe: ALLOCATIONS
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126
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curb• provide on RAMPS
Labor Code Insurance
Social Security CONDITIONS OF EMPLOYMENT HOURS OF WORK ARTICLE 82. COVERAGE - The provision of this title shall apply to employees in all establishment and undertakings, whether for profit or not, but to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support. domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. As used herein, "MANAGERIAL EMPLOYEES" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. "FIELD PERSONNEL" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours work in the field cannot be determined with reasQnable certainty. ART. 83. NORMAL HOURS OF WORK - The normal hours of work of any employee shall not exceed eight {8).
ART. 84. HOURS WORKED- Hours worked shall include. a. All time during which an employee is required to be on duty or to be at a prescribed ~ork place. b.· All time during which an employee is suffered or permitted to work. Rest period of short duration during working hours shall be counted as hours worked . ART . 85 . MEALS PERIOD - Subject to such regulations as the secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty 160) minutes time-off for their regular meals. · ART . 86. NIGHT SHIFT DIFFERENTIAL - Every employeE~ shall be paid a night shift differential of not less than ten per cent (1 0%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. ART . 87. OVERTtME WORK - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent of his regular wage plus at least twenty-five (25%) p~rcent thereof . Work performed beyond eight-hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent thereof.
128
ART . 88. UNDERTIME NOT OFFSET BY OVERTIME - Undertime work on any particular day shall not be offset by overtime work. on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. ART. 89. EMERGENCY OVERTIME WORK- Any employee may be required by the employer to perform overtime work in any of the following cases: al When the· country is at war or when any other national· or loc~t ·emetgency has been declared by the National Assembly or the Chief Executive; b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; c) When there is urgent w ork to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; d} When the work is necessary to prevent loss or damage to perishable goods; and e) Where the completion or continuation of the work started before the eight hour is necessary to prevent serious obstruction or ·prejudice to the business or operations of the employer. Any employee required to render overtime work under th\s Article shall be paid the additional compensation required in this Chapter. ART. 90 COMPUTATION OF ADDITIONAL COMPENSATION - For purposes of computing overtime and other addit ional'remuneration as required by this Chapter the ''regular wage'' of an employee shall include the cash wage only withoutdedu~tion on account of facilit ies provided by the employer . · · · ·
WEEKLY REST .PERIODS ART. 91. RIGHT TO WEEKlY REST DAY -
·ar tt shall'be the duty of every employer, whether operating for profit ·or not, to provid e each of his employees a rest period of not less·than twenty·four {24) consecutive hours after every six (6) consecutive normal work days. b} The employer shall determine and schedul·e the weekly rest day of his employees subject to collective bargaining agreerrtent and to such rules and regulations as the Secretary of labor may provide. However , t he employer shall respect the preference of employee as to ttleir ·weekly rest day when such preference is based on religious grounds . ART. 92. WHEN EMPLOYER MAY REQUIRE WORK ON REST DAY require his employees to wor.k on any day:
The employer may
a) In case of actual or impending emergen'Cies caused by serious accident, f ire. flood, typhoon, earthquake. epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinar~ly be expected to r~sort to other measures;
129
d) To prevent loss or damage to perishable goods; e) Where the nature of the work requires continuous ·operations and the stoppage of work may result in irreparable injury or loss to the employer; and fl Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor. ART. 93. COMPENSATION FOR REST DAY. SUNDAY. OR HOLIDAY WORKa) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30 %) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. b) When the nature of the work of the employee is such that he had no regular work days and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sunday and Holidays. c:;) Work performed on any special holiday shall be paid an additional compensation of at
least thirty percent (30%) of the regular wage .of the employee. Where such holiday work falls on the employee's scheduled/rest day, he shall be entitled to an additional compensation of at least fifty percent (50%) of his regular wage. d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article the employer shall pay such higher ·rate.
HOLlOA VS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES ART. 94. RIGHT TO HOLIDAY PAY a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten ( 10) workers; I
b) The employer may require an employee to work on any holiday but such employee shatl be paid a compensation equivalent to twice his regular rate; and c) As used in this Article, "holiday" includes: New Year's Day, Maundy Thursday, Good Friday, the ninth of April, the first·of May; the twelfth of June, the tourth of July, the thirtieth of November, the twenty·fifth and the thirtieth of December, and the day designated by law for holding a general election. ART. 95. RIGHT TO SERVICE INCENTIVE LEAVEal Every employee who has rendered at least one year of service shall be entitled to a year· ly service incentive leave of five days with pay. b) This provision shall not apply to those who are already enjoying the benefit herein pro· vided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of labor after considering the viability or financial condition of such establishment. c) The grant of benefit in excess of that provided herein shall not be made a subject or arbitration or any court or administrative action. ART. 96. SERVICE CHARGES - All charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of eighty-five percent (85%) for ell covered employees and fifteen percent {15%) for management. The share of the employees shall
130
be equally distributed among them. In case the service charge is abolished, the share of the covered employee shall be considered integrated in their wages.
IMPLEMENTING REGULATIONS CONDITIONS OF EMPLOYMENT HOURS OF WORK: SECTION 1 . General Statement of Coverage - The provisions of this Rule shall apply to all employees in all establishments and undertakings, whether operated for· profit or not, except to those specifically exempted under Section 2 thereof. SEC. 2.
Exemption - The provision of this Rule shall not apply to the following persons if they qualify for exemption under the conditions set forth herein; a) Government empioyees whether employed by the Nat!ona! Government. or any of its political subdivisions, including those employed in government-owned and/or controlled corporations. b) Managerial employees, if they meet all of the following conditions, namely: 1 ) Their primary duty consists of the management of the .establishment in which they ar·e employed or of a department or sub-diVision thereof; 2) They customarily and regularly direct the work of two or more employees therein;
3) They have the authority to hire or fire other employees of lower rank; or their sug-
gestions and recommendations as to the hiring or firing and as to the promotion or any other change of status of other employees are given particular weight.
cl 'Officers or members of
a
managerial staff if they perform the following duties and responsibilities: 1 ) The primary duty consists of the performance of work directly related to management policies of their employer;
21 Customarny and regularly exercise discretion and independent judgment; 3) 1) Regularly and directly assist a proprietor or a managerial employee whose
primary duty consists of the mana.gement of the estabtishment in which he is employed or. subdivision thereof; or execute under general supervision work along specialized or technical lines requlring apec.ial training, experience, or kflowledge; or execute under general supervision special assignments and tasks; and 4) Who do not devote more than 20 percent of their hours worked in a work~week to , activities which are not dlrectty and close related to the performance of the work described in paragraphs 1 ), 2) and 3) above. d) Domestic servants and persons in the personat service of another if they perform such service in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof or minister to the personal comfort, convenience, or safety of the employer as weft as the members of his employer' s household. e) Workers who are paid by results, including those who are paid on piece-work, "takay' ', "pakiao", or task basis, if their output rates are in accordance with the standards prescribed under Section 8, Rule VII, Book 111, of these reg~lations, or where such rates have been fixed by the Secretary of Labor In accordance with the aforesaid Section . f) Non-agricultural field l)ersonnel if they regularly perform their duties away from the
· principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reaso~able certainty.
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SEC. 3 .
Hours Worked -The following shall be considered as compensable hours worked:
a) All t ime duriFlg which an· employee is required to be on duty or to be at the employer'.s premises or to be at a prescribed workplace; and b) All time during which an employee is suffered or permitted to work.
SEC. 4. Principles in Determining Hours Worked - The following general principles shall govern i_n determining whether the time spent by an employee is considered hours worked for purposes of this Rule:
al All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion ; b) An employee need not leave the premises of t he work-place in order that his rest period shalt not be counted, it being enough that he stops working, may r.est completely and may leave his workplace, to go elsewhere, whether within or outside the premises of his workplace; c) If the work performed was necessary, or it benefited the employer, or the employer. or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge- of the employer or immediate supervisor ; d) The time during which an employee is inactive by reason of interrupting in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employees' presence at the place of work or if the in- . terval is too brief to be utilized effectively and gainfully in the employee:s own interest. SEC. 5 . Waiting Time a) Waiting time spent by an employee shall be considered as working time if waiting is an
integral part of his work or the employee is required or engaged by the employer to wait. b) An employee who is required to remain on call in the employer's premises or so close
thereto that he cannot use the time effectively and gainful\y for his own purpose shan be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call. SEC. 6. Lectures. Meeting, Training Programs - Attendance at lectures, meeting, training programs, and other similar activities shaH not be counted as -working t ime if all of the following conditions are met: al Attendance is outside of the employee's regulaf working hours; b} Attendance is in fact voluntary; and c) The employee does not perform any productive work during such attendance. SEC. 7. Meal and Rest Periods - Every employer shall give his employees, regardless of sex, not less than one ( 1} hour time-off for regular meals, except in the following cases when a meal period of not less than twenty {20} minutes may be given by the employer provided that such meal period is credited as compensable hours worked of the employee:
a) Where the work is not-manual work in nature or does not involve strenuous physical exertion;
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b) Where the establishment regularly operates not less tnan sixteen hours a day; c) In cases of actual or impending emergencies or there is an urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer. and dl Where the work is necessary to prevent serious loss of perishable goods. Rest periods or coffee breaks, running from five (5) to twenty {20) minutes shall be considered as compensable working time. SEC. 8. Overtime Pay -Any employee covered by the Rule who is permitted or required to work beyond eight (8) hours on ordinary working days shall be paid an additional compensation for the overtime work in an amount equivalent to his regular wage plus at least twenty-five percent (25%1 thereof. SEC. 9.
Premium and Overtime pay for holiday and rest day work.
a) Ex-cept employees referred to under Section 2 of this Rule, an employee who is permitted or suffered to work on special holidays or em his designated rest days not falling on regular holidays. shall be paid with an additional compensation as premium pay of not less than thirty percent {30%) of his regular wage. For work performed in excess of eight (8) hours on special holidays and rest days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime work equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent (30%) thereof. b~
Employees of public utility enterprises as wei: as those employed in non-profit institutions and organizations shall be entitled to the premium and overtime pay provided herein, unless they are specifically excluded from the coverage of this Rule as provided in Section 2 hereof.
cl The payment of additional compensation for work performed or regular holidays shall be governed by Rule IV, Book 111, of these Rules. SEC. 10. Compulsory Overtime Work - In any of the following cases, an employer may require any of his employees to work beyond eight {8) hours a day, provided that the employee required to render overtime work is paid the additional compensation required these regulations: · a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive; b) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamaties; cl When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature;
NIGHT-SHIFT DIFFERENTIAL SEC. 1.
Coverage - This Rule shall apply to all employees. except:
a} Those of the government and any of its political subdivisions, including governmentowned and/or controlled corporations; ·
133
b) Thos.e of retail and service establishments regularly employing not more than five (5} workers; c) Domesti c helpers and persons in the personal service of another; d} Managerial employees as defined in Book 1 11 of this Code; e} Field personnel and other employees whose time and performance is unsupervised by the employer. including those who are engaged on task or contract basis, purely com~ mission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. SEC. 2. Night Shift Differential - An employee shall be paid night shift differential of no less than ten percent ( 10% l of his regular wage for each hour of work performed. between ten o'clock in the evening and six o'clock in the morning. SEC. 3. Additional Compensation - Where an employee is required or suffered to work on the period covered after his work schedule, he shall be entitled to his regular wage plus at least twenty-five percent (25%) and an additional amount of no less than ten percent ( 1 0%) of such overtime rate for each hour of work performed between 10 p.m. to 6 a.m. SEC. 4. Additional Compensation on Scheduled Rest Day/Special Holiday - An employee who is required or permitted to work on the period covered during rest days and/ or special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty per cent 130%) and an additional amount of not less than ten percent I 10 % l of such premium pay rate for each hour of work performed. SEC. ~. Additional Compensation on Regular Holidays - For work on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten per cent (10%) of such premium rate for each hour: of work performed. SEC. 6. Relation to agreements - Nothing in this Rule shall justify an employer in withdrawing or reducing any benefits, supplements or payments as provided in existing individual or collective agreements or employer practice or policy.
WEEKlY REST PERIODS SEC. 1 . General statement on Coverage - This Rule shall apply to any employers whether operating for profit or not, including public utilities operated by private persons. SEC. 2.. Business or Sundays/Holidays - All establishments and enterprises may operate or open for business on Sundays and holidays provided that the employees are given the weekly rest day and the benefits as provided in this Rule. SEC. 3. Weekly rest day - Every employer shall give his employees a rest period of not less than twenty-four (24) consecutive hours after every six consecutive normal work days. SEC. 4. Preference of Employee - The preference of the employee as to his weekly day -of rest shall be respected by the employer if the same is based on religious grounds. The employee shall make known his preference to the employer in writing at least seven 17) days before the desired effectivity of the initial rest day so preferred. Where, however, the choice of the employees ·as to their rest day based on religious grbunds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial 134
measures, the employ~r may so schedule the weekly rest day of their choice for at ieas: two (2) days in a month. . Schedule of rest Day -
SEC. 5.
al Where the weekly rest is given to all employees simultaneously, the employer shall make known such rest period by means of a written notice posted conspicuously in the workplace at least one week before it becomes effective. bl Where the rest period is not granted to all employees simultaneously and collectively. the employers shall make known to the employees their respective schedule of weekly rest through written notices posted conspicuously in the workplace at least one week before they become effective. SEC. 6. When work on Rest Day Authorized - An employer may require any of his employees to work on his scheduled rest day for the duration of the following emergency and exceptional conditions: a) In case of actual or impending emergencies caused by serious accident, fire, flood,
typhoon, earthquake. epidemic of other disaster or calamity, or prevent loss of life or property, or in cases of force maieure or imminent danger to public safety; b) In case of urgent work to be performed on machineries, equipment or installations, to avoid serious loss which the employer would otherwise suffer; c) In the event of abnormal pressure of work due to special circumstances . where the employer cannot ordinarily be expected to resort to other measures. d) To prevent serious loss of perishable goods: e) Where the nature of the work is such that the employees have to work continuously for seven (7} days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; and f) When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent -thereon. No employee shall be required. against his will to work on his scheduled rest day except under circumstances provided in this Section, however, that where an employee volunteers to work on his rest day under other circumstances, he shall express such desi~e in writing, subject to the provisions of Section 7 hereof regarding additional compensation.
SEC. 7.
Compensation on Rest Day/Sunday/Holiday -
a) Except those employees referred to under Section 2, Rule 1, Book l11, an employee who is made or permitted to work on his scheduled rest day shall be paid with an addi· tiona\ compensation of at least 30% of his regular wage. An employee shall be entitled to such additional ~ompensation for work performed on a Sunday only when it is nis established test day. b) Where the'nature of the work of the employee is such that he has no regular work days and no regular rest days can be·scheduled, he shall be paid an additional compensatiqn of at least 30% of his regular wage for work performed on Sundays and holidays. c) Work performed on any special holiday shall be paid with an additional compensation of at least 30% of the regular wage of the employees. Where such holiday work falls on the employee's scheduled rest day, he shall be entitled to additional compensation of at least 50% of his regular wage. d) The payment of addit ional compensation for work performed on regular holiday shall be governed by the Rule IV, Book 111 , of these regulations.
135
el Where the collective bargaining· agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Sectio n the employer shall pay such higher rates. SEC. 8. Paid Off-Days - Nothing in this Rule shall justify an employer in reducing the compensation of his employees for the unworked Sundays, holidays, or other rest days which are considered paid off-days or holidays by agreement or practice subsisting upon the effectivity of the Code. SEC. 9. Relation to Agreement - Nothing herein shall prevent the employer and his employees or their representatives from entering into any agreement with terms more favorable to the employees than those provided herein or to be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary employer practices.
HOLIDAYS WITH PAY SEC. 1 . Coverage - The rule shall apply to all employees except : a) Those of the government and any of the political subdivisions including government· owned and controlled corporations; b) Those of retail and service establishments regularly employing less than ten { 1OJ workers; c) Domestic helpers and persons in the personal service of another; d) Managerial employees as defined in Book 11 1 of the Code; e) Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis. purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. SEC. 2. Status of Employees paid by the month - Employees who are uniformly paid by the month, irrespective of the number of working days therein with a salary of not less than the statutory or established minimum wage shall be presumed to be paid for all days in the month whether worked or not. For this purpose, the monthly minimum wage shall not be less than the statutory minimum wage multiplied by 365 days divided by twelve. SEC. 3. Holiday Pay - Every employer shall pay his employees their regular daily wage for cmy unworked regular holiday. As used in the Rule, the term' 'holiday'' shall exclusively refer to: New Year' s Day, M aundy Thursday, Good Fridays, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for a general election or national referendum or' plebiscite. SEC. 4. Compensation for Holiday Work - Any employee who is permitted or suffered to work on any regular holiday, not exceeding eight "(8) hours, shall be paid at least two hundred percent (200%) based on his regular wage rate. SEC. 5. Overtime pay for Holiday Work - For work performed in excess of eight hours on a regular holiday, an employee shall be paid an additional compensation for the overtime work equivalent to his rate for the f irst eight hours on such holiday work plus at ·least 30% thereof. 1:}(-j
Where the Regular holiday work exceeding eight hours falls on the scheduled rest day of the employee, he shall be paid an additional compensation for the overtime work equivalent to his regular holiday-rest day for the first 8 hours plus 30% thereof. The regular holiday rest day rate of an employee shall consist of 200% of his regular daily wage rate plus 30% thereof. SEC. 6.
Absences -
a) . All covered employees shall be ~ntitled to the benefit provided herein when they are on leave of absence with pay . Employees who are on leave of absence without pay on the day immediately preceding a regular holiday. may not be paid the required holiday pay if he has not worked on such regular holiday. b) Employees shall be granted the same percentage of the holiday pay as the benefit granted by competent authority in the form of employee's compensation or social security payment, whichever is higher, if they are not reporting for work while on such benefits . c) Where the day immediately preceding the holiday is a non-working day in the establishment or the scheduled rest day of the employee, he shall not be deemed to be on leave ·::lf absence on t hat day, in which the case he shall be entitled to the holiday pay if he worked on the day immediately preceding the non-working day or rest day. SEC. 7.
Temporary or periodic Shutdown and Temporary Cessation of Work -
a) In cases of temporary or periodic shut down and temporary cessation of work of an establishment, as when a yearly inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular holidays falling within the period shall be compensated in accordance with this Rule. b) The regular holiday during the cessation of operation of an enterprise due to business reverses as authorized by the Secretary of Labor may not be paid by the employer. SEC. 8.
Holiday Pay of Certain Employees -
a) Private school teachers, including faculty members. of colleges and universities, may not be paid for the regular holidays during semestral vacations. They shall, however , be paid tor the regular holidays during Christmas vacation. b) Where a covered employee is paid by results or output , such as payment on piece work, his holiday pay shall not be less than his average daily earnings for the last seven {7) actual working days preceding the regular holiday; Provided, however, that in no case shall the holiday pay be less than the applicable statutory minimum wage·rate. c) Seasonal workers may not be paid the required holiday pay during off-season when they are not at work. d) Workers who have no regular working days shall be entitled to the benefits provided in this Rule. SEC. 9.
Regular Holiday Falling on Rest Days or Sundays
a) A regular holiday falling on rest day shall be compensated accordingly. bl Wher~ a regular ryoliday falls on a Sunday , the following day shall be considered a special holiday for purposes of the Labor Code, unless said day is also a regular holiday. SEC. 1 0. Successive Regular Holidays - yYhere there are two {21 successive r.egular holidays, like Holy Thursday and Good Fridays, an employee may not be paid for both holidays if h.e absents himself from work on the day immediately preceding the first holiday, unless he works on the fir st holiday, in which case he is entitled to his holiday pay on the second holiday.
137
SEC. 11 . Relation to Agreements - Nothing in this Rule shall justify an employer in withdrawing or reducing any benefits, supplements or payments for unworked holidays as provided in existing individual or collective agreement or empl0yer practice or policy.
SERVICE INCENTIVE LEAVE SEC. 1.
This rule shall apply to all employees except:
Coverage -
a) Those of the governmen t and any of its political subdivisions, including governmentowned and con tro lled corporations; b) Domestic helpers and persons in the personal service of another; cl M anagerial employees as defined in book 111 of this Code; dl Field personnel and other employees whose performance is un su pervised by the employer including those who are engaged on task or contract basis, purely commis· sion basis, or those who are paid in a fixed amount for performing work irrespective of the time consumed in the performance there of; e) Those who are already enjoying the benefit herein provided; f}
Those enjoying vacation leave with pay of at least five days; and
gl Those employed in establishments regularly employing less than ten employees. S~C .
2. Right to Service Incentive Leave - Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
SEC. 3 . Definition of Certain Terms - The term "at least one year service" shall mean service within 12 months, whether continuous or broken reckoned from the date the employee started working, inc luding authorized absences and paid regular holidays unless the working days in the establi shments as a matter of practice or policy, o r that provi ded in the employment contract is less than 1 2 months, in which case said period shall be considered as one year. SEC. 4. Accrual of benefit - Entitlement to the benefit provided in this Rule shall start December 18, 19 75, the date the amendatory provision of the Code took effect .
•
SEC . 5. Treatment of Benefit -- The service incentive leave shall be commutable to its money equivalent if not used or exhausted at the e1'd of the year. SEC . 6. Relation to Agreements - Nothing in the Rules shall justify an employer ,from withdrawing or reducing any benefits, supplements or payments as provided in existing individual or collective agreements or employer's practices or policies.
APPENDIX "A" 13TH MONTH PAY PRESIDENTIAL DECREE NO. 851 * REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A 13TH-MONTH PAY WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation; WHEREAS; there has been no increase in the legal minimum wage rates since 1970;
13H
. WHEREAS , the Christmas season is an opportune time for society to show its concern for the plight of the working masses s~ they may properly celebrate Christma:3 and New Year. NOW, THEREFORE, I FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution do hereby decree as follows: SECTION 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than PJ1 ,000 a month, regardless of the nature of their employment; a 13th:month pay not later than .Oecember 24 or every year. SEC. 2. Employers already paying thP.ir employees a 13-month pay of its equivalent are not covered by this Decree. SEC. 3.
This Decree shall take effect immediately.
Done in the City of Manifa . this 16th day of December, 1975.
RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 851 By virtue of the powers vested in me by law, the following rules and regulations implementing Presidential Decree No. 8 51 are hereby issued for the guidance of all concerned. SEC. 1. Payment of 13-month pay- All employers covered by Presidential Decree No. 851, hereinafter referred to as the "Decree," shall pay to all their employees receiving a basic salary of not more than 11'1,000 a month a thirteenth-month.pay r·lOt later than December 24 of every year. SEC . 2.
Definition of certain terms - As used in this issuance -
a) "Thirteenth-month pay" shall mean one twelth (1/12 ) of the basic salary of an employee within a calendar year; b) "Basic salary" shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted pursuant to Presidential Decree No. 525 or Letter of instructions No. 174, profitsharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on December 16, 1 9 7 5. SEC. 3.
Employers covered -
The Decree shall apply to all emplo.yers except for to:
a) Distressed employers, such as (1) those which are currently incurring substantial losses or (2) in the case of non-profit institution6 and organizations, where their income, whether from donations, contributions, grants and other earnil"gs from any source. has consistently declined by more than forty (40%) percent of their normal income for the last twc !2l years, subject to the provision of Section 7 of this issuance; b) The Government and .any of its political subdivisions, including government-owned and controlled corporations operating essentially as private subsidiaries of the Government; c) Employers already paying their employees 1 3th-month pay or more in a calendar year or its equ ivalent at the time of th is issuance; d) Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount for performing a specific work. irrespective of the time consumed in the performance thereof; except there the workers are paid on piecerate basis in which case the employer shalt be covered by this issuance insofar as such workers are concerned. 1.'·i: f
As used herein , workers pa1d on piece-rate basis shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without regard to the time spent in producing the same. The term "its equivalent" as used in paragraph (c) hereof shall include Christmas bonus, mid-year bonus: profit-sharing payments and other cash bonuses amounting to not less than 1/12 of the basic salary but shall not include cash and stock dividends, cost of living allowances and all other allowances regularly enjoyed by the employee, as well as non-monetary benefits. Where an employer pays less than 1I 12 of the employee's basic salary, the employer shall pay the difference. SEC. 4. Employees Covered - Except as provided in Section 3 of this issuance, all employees of covered employers shall be entitled to benefits provided under the Decree who are receiving not more than 111 .000 a month, regardless of their position, designation or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year. SEC. 5. Option of covered employers - A covered employer may pay one-half of the 13th month pay required by the Decree before the opening of the regular school year and the other half or on or before the 24th day of December of every year. In any establishment where a union has been recognized or certified as the collective bargaining agent of the employees therein, the periodicity or frequency of pavm.ent of the 13th-month pay may be the subject of agreement. Nothing herein shall prevent employers from giving the benefits provided in the Decree to their employees who are receiving more than One Thousand 1,.1,000} Pesos a month or benefits higher than those provided by the Decree. SEC. 6. Special features of benefit - The benefits granted under this issuance shall not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay, fringe benefits as well as premium contributions to the State Insurance Fund, social security, medicare and private welfare and retirement plans. SEC. 7. Exemption of Distressed Employers - Distressed employers shall quality for exemption from the requirement of the Decree upon prior authorization by the Secretary of Labor. Petitions for exemptions may be tiled with the nearest regional office having jurisdiction over the employer not later than January 15, 1976. The regional officers shalt transmit the petitions to the Secretary of Labor within 24 hours from receip~ thereof. SEC. 8. Report of compliance - Every covered employer shall make a report of his compliance with the Decree to the nearest regional labor office not later than January 1 5, of each year.
The report shall conform substantially with the following form: REPORT ON COMPLIANCE WITH P.O. NO. 851 1. 2. 3. 4. 5. 6. 7. 8.
t40
Name of establishment Address Principal product or business Total employment Total number of workers benefited Amount granted per employee Total amount of benefits granted Name, position and tel. no. of person giving information
SEC. 9. Adjudication of Claims - Non-paym ent of the thirteenth-month pay provided by the Decree and these rules shall be treated as money claims cases and shall .be processed in accordance w ith the Rules and Regulations Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission. SEC. 10. Prohibition against reduction or elimination of benefits - Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way, supplements. or oth~r employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this i ssuance. SEC. 11. Transitory Provision - These rules and regulations shall take effect immediately and for purposes of the 13th-month pay of 1975. the same shall apply only to those who are employees as of December 16, 1975. Manila, Philippines, 22 December 1975. (S·GD.I BLAS F. OPLE Minister
SUPPLEMENTING
RULES AND REGULATIONS IMPLEMENTING P.O. NO. 851
To insure uniformity in the interpretation, application and enforcement of the provis·lons of P.O. No. 851 and its implementing regulations, the following clarifications are hereby made for the information and guidance of all concerned : 1. Contractors and Subcontractors, including· Security and Watchman Agencies, are exempt for the year 1975 subject to the following conditions: a) That the contr actors of such enterprises were ent ered into before December 16,
1975; b) That such enterprises have complied with all labor standards law during the year;
c) That the contract does not provide for cost escalation clause. d) That the contract cannot really accommodate 13th-month pay or its equivalent;
and
2. Private school teachers, including faculty members of colleges and universities, are entitled to 1/ 1 2 of their annual basic pay regardless of the number of months they t each or are paid within a year. 3. New establishments operating for less than one year are not covered except sub· sidiaries or branches of foreign and domestic corporations.
4. Overtime pay , earnings and other remunerations which are not part of the basic salary shall not be included in the computation of the 13th-month pay. 5. In view of th e lack of sufficient time for the dissemination of the provisions of P. D. No. 8 51 and its Rules and the .unavailability of adequate cash flow due to the long holiday season, complianc e and reporting of compliance with this decree are hereby extended up to March 31, 1 9 7 6 except in private schools where compliance for 1 9 7 5 may be made not later than 30 June 1 9 7 6 . 6. Nothing herein shall sanction the withdrawal or diminution of any compensation, benefits or any supplements being enjoyed by the employees on the effective date of this issuance. Manila, January 16, 1976. (SGD.) BLAS F. OPLE Minister
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APPENDIX "B" SOCIAL SECURITY LAW REPUBLIC ACT NO. 1161, AS AMENDED Be it enacted by the Senate . and House of Representatives of the Philippines in Congress assembled. SEC. 1. Short title - This Act shall be known as the "Social Security Law" (As amended by Sec. 1 Pres. Decree No . .24 S-1972). SEC. 2 . Declaration of Policy - It is the policy of the Republic of the Philippines to establish, develop promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall provide to cover employees and their families protection against the hazard s of disability, sickness, old age, and death, with a view to promoting their well-being in the spirit of social justice. (As amended by Sec. 1 RA 1792 and Sec . 2 Pres. Decree No. 24 , S-1972 )
A.
ADMINISTRATION
SEC. 3. Social Security System - a) To carry out the purposes of this Act, the Social Security System with principal place of business in Metro Manila, Philippines, is hereby created. The SSS shall be under the general supervision of a Social Security Commission composed of the Secretary of Labor, the SSS Administrator and six appointive members, two of · whom shall represent the labor group . Two, the management group and two, the general public, to be appointed by the President of the Philippines. The Chairman of the Commission shall be designated by the President from among its members. The term of the appointive members shall be three. Provided, that the terms of the first six appointive members shall be one, two and three years· for every two members, respectivelY.. All vacancies except through the expiration of the term, shall be filled for the unexpired term only . The appointive members of the Commission shall receive two hundred pesos per diem for each meeting actually attended by them. Provided, that no compensation shall be p~id for more than eight meetings a month. lAs amended by Sec. 2 RA 1792; Sec. 1 RA 2658; Sec. 1 RA 4857; Sec. 3, Pres. Decree No. 24 S-1972; Sec. 1 Pres . Decree No. 347, S-1973; Sec. 1 Pres. Oecreee No. 735, S-1975 and Sec. 1 Pres. Decree No. 1202 S- 19771. C.
Scope of the System
SEC . 9 Compulsory Coverage. - ta) Coverage in the SSS shall be compulsory upon all employees not over sixty years of age and their employers: Provided, That any benefit already earned by employees under private benefit plans existing at the time of the approval of this Act shall not be disconti_nued , reduced or otherwise impaired : Provided further. That private plans which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employer' s contribution to his private plan is more than that required of him in this Act he shall pay to the SSS only the contribution required of him and he shall continue his contribut ion to his private benefit plan and to the Social Security System shall be the same as his contribution to his private plan before the compulsory coverage . Provided, further, That any changes, adjustments, modifications, eliminations or Improvements in the benefits to be available under the remaining private plan, which may be necesary to adopt by reason of the reduc· ed contribution thereto as a result of the integration. shall be subject to agreements between the employers and employees concerned: Provided further. That the private benefit plan which the employer shall continue for his employees shall remain under the employer's management and control unless there is an existing agreement to the contrary:
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Provided, finally, That nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those provided under this Act. !As amended by Sec . 5. RA 1972; Sec. 5, RA 2658 and Sec. 2. (b) Filipinos recruited in the Philippines by foreign based employers for employment abroad may be covered by the SSS en a voluntary basis . (As amended by Sec. 2. Pres. Decree No. 177, S-1 973 and Sec. 6 Pres. Decree No. 735, S-1975). SEC. 9 -A Compulsory Coverage or the Self-Employed - Coverage in the SSS shall also be compulsory upon all self-employed persons earning P1 ,800 or more per annum;_Provided , That the effectivity of the coverage of certain groups of self-employed shall be determined by the Commission under such rules and regulations it may prescribe; Provided, further That the effectivity of the coverage of the following self-employed persons shall be in accordance with Section 10 (b) thereof. 1 . All self-employed professionals licensed by the Professional Regulations Commission or those licensed to practice law. 2. Partner and single proprietors of businesses. 3. Actors and actresses, directors, script writers and new correspondents who do not fall within the definition of the term " employee" in Section 8 (d} of this Act. 4. Professional athletes, coaches, trainers licensed by the Games and Amusement Board as well as jockeys and trainers licensed by the Philippine Racing Commission. Unless otherwise specified herein. all provisions of the SSS Law applicable to covered employees shall also be applicable to the covered self-employed persons . (As amended by Sec. 3, Pres. Decree No. 1636, S-1979) . SEC. 10 Effective date of Coverage- Compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment: Provided; that the compulsory coverage of self-employed persons referred to in paragraphs ( 1) to (4} shall take effect on the first day of January following the calendar year they started the practice of their profession or business operations but in no case earlier than January 1, 1980. (As amended by Sec. 6, RA 1792; Sec. 6. RA 2 658 and Sec. 4, Pres. Decree No. 1636, S-1979). SEC. 11. Effect of Separation from Employment - When an employee under compulsory coverage is separated from employment, his employer's contribution on his account and his obligation to pay contribution arising from that employment shall .be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act. He may, however, continue to pay the total contributions to maintain his right to full benefit. (As amended by Sec. 4 RA 4857 and Sec. Pres. Decree No. 735, S- 1975).
1:
SEC. 11-A. Effect of Interruption of Business or Professional Income - if the self employed realizes no net professional or business income in any calendar year. however, be allowed to continue paying contributions under the same rules and regulations applicable to separated covered employees . (As amended by Sec. 5, Pres. Decree No . 1636 S-1979).
SEC. 1 2.
Monthly Pension -
D. BENEFITS (a) The monthly pension shall be the sum of the following:
The average monthly sa lary credit multiplied by the replacement ratio; and year of ser· vice in excess of ten years. b) The monthly pension shall in no case be less than one hundred twenty pesos. nor paid in an aggregate amount of less than sixty times the monthly pension except to a
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secondary beneficiary: Provided, That the monthly pension of surviving pensioners shall be increased by twenty percent. (As amended by Sec. 7, RA 1 792; Sec. 7, RA 2658; Sec. 5, AA 4857; Sec. 6, Pres. Decree No. 24; Sec. 3, Pres. Decree No. 1 77; Sec. 8, Pres. Decree No. 735, S- 197 5; Sec. 2, Pres. Decree No. 1202. S-1977 and Sec. 6, Pres. Decree No. 1639, S-1979). SEC. 12-A. Dependents pension - The dependent's pension shall be equivalent to ten percent of the monthly pension for each dependent child but not exceeding five, beginning with the youngest and without substitution. CAs amended by Sec . 3, Pres. Decree No. 1202; S-1977.). SEC. 12·8. Retirement benefits - (a) A covered employee who had paid at least one hundred twenty monthly contributions prior to the semester of retirement; and who ( 1) has reached the age of sixty years and is not receiving a monthly compensation of at least three hu!'dred pesos, or (2) has reached the age o~ sixty-five years, shall be entitled for as long as he lives to the monthly pension. Provided, That his dependents born before f)is retirement of marriage subsisting when he was fifty-seven years old shall be entitled to the dependents' pension. (As amended by Sec. 4, Pres. Decree No. 1202, S-1977). (bl A covered member who is sixty years old at retirement and who does not qualify for pension benefits under paragraph (a} above, shall be entitled to a lump sum benefit equal to the total contributions paid by him and on his behalf; Provided, That he is separated from employment and is not continuing payment of contributions to the SSS on his own. (c) The monthly pension shall be reduced upon the re-employment of a retired employee who is less than sixty-five years old by an amount equivalent to one-half his earnings over three hundred pesos. He shall again be subject to section eighteen and his employer to section nineteen of· this Act. (As amended by Sec . 7, RA 1 792; Sec. 7, AA 2658; Sec. 6 Pres. Decree No. 24, Sec. 3, Pres. Decree No. 177; Sec. 8, Pres. Decree No. 735; $ec. 4. Pres . Decree No. 1202 and Sec. 7 Pres. Decree No. 1636, S-1979). (d) Upon the death of the retired employee pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension, and his dependents to the dependent's pension: Provided, That if he has no primary beneficiaries and he dies within sixty months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of { 1) twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions payed by the SSS excluding the dependents' pension. (As amended by Sec. 7 Pres. Decree No. 1636, S- 1979). SEC. 13. Death Beneficiaries - Upon the covered employee' s death, his primary beneficiaries shall be entitled to the monthly pension and his dependents to the dependents pension : Provided, That he has paid at least thirty-six monthly contributions prior to the semester of death. Provided, further, That if the foregoing condition is not satisfied his primary beneficiaries shall be entitled to a lump sum benefits equivalent to twenty times the monthly pension: Provided, however, that the minimum death minimum death benefit shall not be less than the total contributions paid by him and his employer on his behalf nor less than one thousand pesos : Provided. finally, That the beneficiaries of the covered employee who dies without having paid at least three monthly contributions shall be entitled 'to the minimum benefit. lAs amended by Sec. 5, Pres. Decree No. 1202, S-1977 and Sec. 8 , Pres. Decree No. 1636, S-1 979} . SEC. 13-A. Permanent disabitity benefits - {a} Upon the covered employee's permanent total disability. if such disability occurs after he had paid at least thirty-six monthly contributions prior to semester of disability, he shall be entitled to the monthly pension and his
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dependents to the dependent's pension: Provided, That if the disability occurs before he has paid thirty-six monthly contributions prior to the semester of disability, he shall be entitledto a lump sum benefits equivalent to thirty-five times the monthly pension: Provided, further, That the minimum disability benefit shall not be less than the total contributions paid by him and t)is employer on his behalf nor less than one thousand pesos: Provided, further, That a covered employee who becomes permanently totally disabled without having paid at least three monthly contributions shall be entitled to the minimum benefit: Pro· vide.d, finally, That a member who ( 1 I received a lump sum benefit and (2) is .re-employed not earlier than one year from the date of his disability shall again be subject to compulsory coverage and considered a new member, (As amended by Sec. 6. Pres. Decree No. 1202, S-1977). )b)· The monthly pension shall be reduced upon his re-employment by an amount equivalent to one·half of his earnings over three hundred pesos. The monthly pension and dependents' ·pension shall be suspended upon his recovery from the permanent· total disability, or his failure to present himself for examination at least once a year upon notice by theSSS, (As amended by Sec. 6, Pres. Decree No. 1202, S-1977 and Sec. 9, Presidential Decree No. 1636. S- 19791 (c) Upon the death of the permanent total disability pensioner, his primary beneficiaries shall be entitled to eighty percent of the monthly pension and his dependents to the dependents' pension. Provided, That if he has no primary heMficiaries and he dies within sixty month s from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the smaller of ( 11 twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions paid by his SSS excluding the dependents' pension (As amended by Sec. 9 Pres. Decree No. 1636, S· 1 979}.
(d) The following disabilities shall be deemed permanent total:
1. Complete loss of sight of both eyes. Loss of two limbs at or above the ankle or wrists; Permanent complete paralysis of two limbs; Brain injury resulting to incurable imbecility or insanity; and Such cases as determined and approved by the'SSS, {As amended by Sec. 9, Pres. Decree No. 1636, S-1979).
2. 3. 4. 5.
(e) If the disability is permanent partial, and such disability occurs before thirty-six monthly contributions have been paid prior to the semester of disability, the benefit shall be such percentage of the lump sum benefit described in the preceding paragraph with due regard to the degree of disability as the Commission may determine. (As amended by Sec. 9, Pres. Decree No. 1636, S-1979). {f) If the disability is permanent partial, such disability occurs after thirty-six monthly contributions have· been paid prior to semester of disability, the benefit shafl be the monthly pension for permanent total disability payable not longer than the period designated in the following schedule:
COMPLETE AND PERMANENT LOSS OF USE OF One thumb One index finger One middle finger One ring finger One little finger One big toe One hand
NUMBER OF MONTHS
10
8 6 5 3 6 39 145
One arm One foot One leg One ear Both ears Hear_ing of one ear Hearing of both ears Sight of one eye
50 31 46
10 20 10
50 25
(As amended by Sec. 10, Pres. Decree No. 735, S-1975 and Sec. 9 , Pres . Decree No . 1636. S-1979}. (g) The percentage degree of disability, which is equivalent to the ratio that the designated number of months of compensability bears to seventy-five, rounded to the next higher integer, shall not be additive for district separate and unrelated permanent partial disabilities, to a maximum of one hundred percent, in which case the employee shall be deemed as permanently totally disabled . (As amended by Sec . 9 . Pres. Decree No . 1636, S-1 979).
SEC. 13·8. Funeral Benefit. - A funeral grant of seven hundred fifty pesos shall be paid to help defray -the cost of funeral expenses upon the death of a covered member, permanently totally disabled employee or retiree. !As amended by Sec. 11. Pres. Decree No. 735. S-1975). SEC. 14. Sickness Benefit. - (a) A covered employee who has paid at least three monthly contributions in the twelve-month period immediately preceding the semester of the sickness and is confined for more than three days in a hospital or elsewhere with Commission's approval, shall for each day of compensable confinement or fraction thereof be paid by his employer, or the SSS . if such person is unemployed,,an allowance equivalent to eighty-five percent of his average daily salary credit, sub)ect to the .following conditions.
be less than four pesos nor exceed twenty pesos nor paid longer than one hundred twenty days in one calendar year, nor shall any unused portion of the one hund~ed twenty. days of sickness benefit granted under this section be carried forward and added to the total number of compensable days allowable in the subsequent year;
(1) In no case shall the total amount of such daily allowance
(2) No employee shall be paid any sickness be.neflt for more than two hundred forty days
on account of the same confinement; and (3) The employee shall notify his employer of the fact of his sickness or injury within five calendar days after the start of his confinement unless such confinement is in a hospital or the employee became sick or was injured while working or within the premises of the employer in which case notification to the employer is not necessary. Provided, That is the member is unemployed he shall directly notify the SSS of his confinement within five calendar days after the start thereof unless such confinement is in a hospital in which case notification is necessary, the confinement shall be deemed to have the started not earlier than the fifth day immediately preceding the date of notification. (As amended by Sec. 9 RA 2658; Sec . 7, RA 4875; Sec. 8, Pres. Decree No. 24, S-1972; Sec. 12, Pres. Decree No. 735·, S-1975 and Sec. 10, Pres. Decree No. 1636, S-1979). lb) The compensable confinement shall begin on the first day of sickness, and the payment of such allowances shall be promptly made by the employer every regular payday or on the fifteenth and last day of each month, and similarly in the case of direct payment of the SSS, tor as long as such allowances are due and payable; Provided, That such allowance shall begin only after all sick leaves of absence with full pay to the credit of the
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employee shall have been exhausted. (As amended by Sec. 9, RA 2658; Sec. 7 RA 4857; Sec . 8 Pres. Decree No. 24; Sec . 5·Pres. Decree No. 177 and Sec. 14 Pres. Decree No. 735, S-1975). (c) One hundred percent of the daily benefits provided in the pretosion or other occurence potentially endangering the lives and safety ot the occupants of th& building or structure due to the nature of the contents or processes/operations therein.
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CMuifiulion of Hu.rd of Contenr.: a} LOW Hazard Contents - are those of such iow combustibility that no selfpropagating fire therein can occur and that consequently ~ only probable danger requiring the use of emergency exits will be from panic, f.umes or smoke or fire from some external source. b) Ordinary hazard contents - are those which are liable to burn with moderate rapidity or to give off a considerable volume of smoke, but from which neither poisonous fumes nor explosions are likely to occur In case of fire. c} High Hazard Contents - are those which are liable to burn with extreme rapidity or from which gases or explosions are to be expected in the event of fire.
Sp«:/11/ Ptovl8/ona for High Haztlld Contenta 1 ) Exits shall be provided for such types and numbers and so arranged as to permit all occupanis to escape from the building or structure or from the hazardous area thereof the outside or to a ptace of safety with a travel distance of not over twenty three (23) meters.
21 Capacity of Exits - not less than one ( 11 unit of exit width for each thirty (301 persons if the exit is by inside or outside stairs; or one ( 1 ) unit of exit width for each f ifty (50) persons if the exit is by doors at ground level, by horizontal exits or by c'ass A ramps.
DIVISION 4 - MEANS OF EGRESS Protectiwl EncloiiUrtl of Exits 1 ) When an exit is required to be protected by separation from other parts of the building by some requirements of this rule, the separating construction shalf meet the following requirements. a) The separation shall have at least one-hour fire resistance rating when the exit connects three (3) stories or less, regardless of whether the stories connected are above or below the storey at which the exit discharge begins. b) The separation shall have at least two-hour resistance rating when the exit connects four (41 stories or more whether above or below the floor of discharge. c) Any openin·g in the separation wall construction shall be protected by an ap. proved self·closing fire resistive door. d) .openings in exit enclosure shall be confined to those necessary for access to the enclosure form normally occupied spaces and for egress from the enclosure. 2) No exit enclosure shal! be used for any purpose, suoh as piping for flammable liquids or gases, .which could Interface with its function as an exit.
D. Width llfld Capilclty of Muns of EgretJ$ 1 ) The capacity in number of persons per unit of exit width for approved components of means of egress shall be as follows: Level egress components (including Class A ramps) Inclined egress components (Including Class 8 ramp~) - 60 persons 21 Means of egress shall be measured in untts of exits width of fifty five (55) centimeters, Fractions of a unit shall be coUhted, except that thirty (30)
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centimeters added to one or more full units shall be counted as one-half (0.5) of a unit of exit width.
3) Units of exit width shall be measured at the narrowest unobstructed point of the means of egress except that a handrail may project inside the measured ·width on each side not more than eighty nine (89) millimeters and a stringer may project inside the measured width not more than thirty eight (38) millimeters. An exit or exit access door swinging into an aisle or passageway shall not restrict the effective width thereof at any point during its swing to less than minimum width hereafter specified.
E. Egress
~pscity
snd Occup11nt LOIId
1 ) The capacity of means of egress for any floor, balcony, tier, or other occupied space shall be sufficient for the occupant load thereof. The occupant load shall be the maximum number of persons that may be in the space at any time. but shall not be less than the number computed in accordance with the individual occupancies. For Places of Assembly Occupant load: The occupant load permitted by dividing the net floor area or space assigned to that use by the square meter per occupant as follows: An assembly area of concentrated use without f ixed seats such as auditoriums, church, dance floor, 10.65 sq.m, per person) An Assembly area of less concentrated use such as conference room, dining room, drinking establishment, exhibit room, gymnasium, (1.4 sq. mtp·erson) Standing room or waiting space (0.28) sq. m. per person) For Educational Occupancies The occupan t load shall be the maximum load but not less than one person for each 1.8 square meteres of net classroom area or 4.6 sq. m . of net area of shops, laboratories, etc. For Institutional Occupancies The occupant load shall be the maximum number of persons intended to oc· cupy that floor but not less than one ( 1) person for each 11 sq. m. gross floor area in institutional sleeping departments and not less than one ( 1 ) person for each 22 square meters of gross floor area of inpatient institutional Treatment departments. For Residential The occupant load in numbers of persons except for single and two family dwellings shall be determined on the basis of one ( 1) person·per 1 8 .6 square meters gross floor area. For Mercantile Occupancies One street floor, the occupant load is one {1) person for each 5.6 sq. m. gross floor area floors used for offices, storage, shipping not open to general public: one ( 1) person for each 4.3 sq. m . gross floor area. For Business Occupancies The occupant load of business purposes shall be no less than one (11 person per nine and t h ree tenth (9.3) square meters of gross floor area.
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For Industrial Occupancies The occupant load shall be one ( 1) person per 9. 3 square meters gross floor area. 2) Where exits serve more than one floor, only ~he occupant load of each floor considered individually need be used in computing the capacity of the exits at that floor: Provided , that exit capacity shall not be decreased in t he direction of exit travel. When means of egress from floor above and below coverage at an intermediate floor, the capacity of the means of egress from the point of convergence, shall not be less than the sum of the two .
F. Ammge/TI6nt of Exit: When more than one exit is required from a story, at least two of the exits shall be remote from each other and so arranged and constructed as to minimize any possibility that both may be bl