Eleventh Congress
Congress of the Philippines Eleventh Congress REPUBLIC ACT NO. 9053 March 30, 2001 AN ACT REGULATING THE PRACTICE OF LANDSCAPE ARCHTECTURE IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I TITLE
Section 1. Title
This Act shall be known as the "Philippine Landscape Architecture Act of 2000." ARTICLE II DEFINITION OF TERMS
Section 2. Definition of Terms
Section 3. Creation and Composition of a Board of Landscape Architecture
There is hereby created a Board of Landscape Architecture, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members to be appointed by the President of the Philippines from a list forwarded by the Commission. Such a list shall have five (5) nominees for each position, chosen, ranked in the order of preference and submitted by the integrated and duly accredited national association of Landscape Architects in the Philippines. The Board shall be organized not later than six (6) months from the effectivity of this Act.
Section 4. Qualifications of Members of the Board
A member of the Board shall, at the time of appointment, possess the following qualifications:
Section 5. Term of Office
The members of the Board shall hold office for a term of three (3) years after their appointment or until their successors shall have been appointed and qualified. Each member of the Board may be re-appointed for one full term of three (3) years. Of the members of the Board first appointed under this Act, one (1) member shall be appointed and hold office as Chairperson for three (3) years, one (1) member for two (2) years and one (1) member for one (1) year. Each member of the Board shall qualify by taking the proper oath prior to the performance of his/her duties.
Section 6. Compensation of the Board Members
The Chairperson and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards with the Commission in accordance with the "PRC Modernization Act of 2000."
Section 7. Vacancy and Removal of Board Member
Any vacancy occurring in the membership of the term of a member-shall be filled for the unexpired portion of the term only. The President, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself in a proper administrative investigation to be conducted by the Commission, may remove any member of the Board on the following grounds:
Section 8. Powers and Duties of the Board
The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval of the Commission. However, the Board's decisions, resolutions or orders rendered in administrative cases which are not interlocutory shall be subject to review only if on appeal. The Board shall exercise the following specific powers, functions, duties and responsibilities:
Section 9
Administrative Supervision of the Board, Custodian of its Records. Secretariat and Support Services. - The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the secretary of the Board and shall provide the Secretariat and other support services to implement the provisions of this Act.
Section 10. Implementing Rules and Regulations
Within ninety (90) days from the approval of this Act, the Board, with the approval of the Commission, shall adopt and promulgate such rules and regulations to carry out the provisions of this Act which shall be effective fifteen (15) days following its publication in the Official Gazetteor in two (2) major daily newspapers of general circulation, whichever comes earlier.
Section 11. Annual Report
The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines through the Commission, giving a detailed account of its proceedings and accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of Landscape Architecture in the Philippines. ARTICLE IV EXAMINATION, REGISTRATION AND LICENSE
Section 12. Examination Required
Except as otherwise specifically allowed in this Act, all applicants for registration for the practice of Landscape Architecture shall be required to undergo and pass a written technical examination as provided for in this Act subject to the payments of fees prescribed by the Commission.
Section 13. Qualifications of Applicant for Examination
Every applicant for examination shall, prior to admission, establish the following requisites to the satisfaction of the Board:
Section 14. Scope of Examination
The examination for Landscape Architecture shall basically cover the following subjects:
Section 15. Rating in the Board Examinations
To be qualified as having passed the Board examination for Landscape Architects, a candidate must obtain a weighted general average of seventy percent (70%), with no grades lower than sixty percent (60%) in any given subject. However, an examinee who obtains a weighted general average rating of seventy percent (70%) or higher but obtains a rating below sixty percent (60%) in any given subject or subjects must take the examination in the subject or subjects where the examinee obtained a grade below sixty percent (60%) within two (2) years from the date of his/her last examination: Provided,That if the examinee still fails to pass the subject after two (2) attempts, the examinee must take the entire Board examinations again: Provided; further,That, if in the removal examination, the examinee gets a much lower grade such that if the general weighted average is recomputed, it becomes lower than the required seventy percent (70%), the examinee must take the entire Board examinations again. The subject or subjects retaken must have each a rating of no less than seventy percent (70%) in order to qualify as having passed the examination.
Section 16. Report of Ratings
The Board shall submit to the Commission the ratings obtained by each candidate within fifteen (15) days after the examination, unless extended for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination.
Section 17. Oath
All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths, prior to the practice of the Landscape Architecture profession.
Section 18. Certificate of Registration/Professional License
A certificate of registration/professional license shall be issued to applicants who pass the examination for Landscape Architects subject to payment of registration fees. The certificate of registration of Landscape Architects shall bear the signatures of the Chairperson of the Commission, the Chairperson and members of the Board stamped with the official seal, indicating that the person named therein is entitled to practice the profession with all the privileges allowed under this Act. The certificate shall remain in full force unless withdrawn, suspended or revoked under the provisions of this Act. A professional license bearing the registration number and date of issuance duly signed by the Chairperson of the Commission shall likewise be issued to every registrant who has paid the required fees until the revocation of his/her certificate of registration or his/her suspension from the practice of Landscape Architecture either after an administrative investigation or removal for cause of his/her name from the roster of Landscape Architects: Provided, however,That the Commission, as a ministerial matter, shall issue a professional identification card at the option of the professional concerned to be used solely for the purpose of identification upon payment of the appropriate amount.
Section 19. Seal and Use of Seal
A duly licensed Landscape Architect shall affix the seal approved by the Board on all plans, drawing, specifications and all other contract documents prepared by or under his/her direct supervision.
Section 20. Indication of Registration and Professional Tax Receipt Number:
The Landscape Architect shall be required to indicate his/her registration number, the professional tax receipt number on the documents signed, used or issued in connection with the practice of his/her profession.
Section 21. Refusal to Issue Certificates of Registration/Professional License
The Board shall refuse to register and/or issue a certificate of registration/professional license to any person who has been convicted by final judgement of a court of competent jurisdiction of any criminal offense involving moral turpitude, guilty of immoral or dishonorable conduct or judicially declared of unsound mind. It shall issue a written statement setting forth in detail the reasons for such action, a copy of which shall be incorporated in the records of the Board. A party whose rights are adversely affected by such action of the Board may apply for relief with the Court of Appeals after having exhausted administrative remedies.
Section 22
Suspension and Revocation of Certificate of Registration/Professional License and Cancellation of Temporary/Special Permit.- The Board shall have the power, upon due notice and hearing, to revoke or suspend the certificate of registration/professional license of a Landscape Architect, or to cancel a temporary/special permit for any cause specified in the preceding sections, or for the use or perpetuation of any fraud or deceit in obtaining a certificate of registration/professional license, or for incompetence, negligence or gross ignorance or for abetment of the illegal practice of Landscape Architecture, or chronic inebriety or habitual use of drugs violation of the provisions of this Act, its implementing roles and regulations and/or in violations of policies of the Board including the Code of Ethics for Landscape Architects: Provided, however.That such action of the Board shall be subject to appeal to the Commission whose decision shall be final but without prejudice to the right of the aggrieved party to apply with the Court of Appeals for appropriate relief.
Section 23. Reissuance of Revoked/Suspended Certificate/License
The Board may, after the expiry of two (2) years from the date of revocation or suspension of a certificate of registration/professional license, for reason of equity and justice or when the cause for revocation/suspension has disappeared or and for other reasons it may deem sufficient, entertain an application for a new certificate of registration/professional license from a person whose certificate/license has been revoked or suspended. In doing so, it may in its discretion, exempt the applicant from the necessity of undergoing an examination. It may also replace certificate of registration/professional license which has been lost after payment of the required fees. ARTICLE V PRACTICE OF LANDSCAPE ARCHITECTURE
Section 24. Vested Rights: Automatic Registration of Landscape Architects
All Landscape Architects who are registered at the time this Act takes effect shall automatically be registered.
Section 25. Registration Without Examination
Any of the following persons may register as Landscape Architects without examinations:
Section 26. Partnerships, Associations and Corporations Allowed to Practice
The practice of Landscape Architecture is a professional service, admission to which is based on an individual's qualifications. Persons properly registered/licensed as Landscape Architects may among themselves, or with persons properly registered/licensed in any field related to Landscape Architecture such as town/urban planning, civil engineering, architecture and interior design, forestry and other fields of specialization, form and obtain registration with the Securities and Exchange Commission (SEC) for a partnership, association, or corporation using the terms such as 'Landscape Architects', 'Landscape Architects and Planners', 'Architects and Landscape Architects' or any such appropriate term: Provided,That, eighty percent (80%) of the members of the partnership, association or corporation are persons properly registered/licensed as Landscape Architects: Provided, further,That only duly registered/Iicensed design professional and the members who are Landscape Architects shall render work and services proper for a Landscape Architect as defined in this Act. Such partnerships, associations or corporations shall serve as vehicles for licensed professionals to practice their professions upon submission of their SEC registration documents to the Board.
Section 27. Professional Responsibility
The individual partners, stockholders or members shall be personally and jointly responsible and liable to the partnership, association or corporation for their respective acts in the practice of their respective professions. The partnership, association or corporation shall be responsible and liable for all other contractual obligations of the partnership, association or corporation. The managing partner of the partnership or the president of the corporation, or their authorized representatives, shall be authorized to enter into contracts for such services. However, only a partner or stockholder who is a registered/licensed professional in a particular profession shall be responsible for and sign plans and documents involving the practice of his/her profession.
Section 28. Integration of the Landscape Architecture Profession
The Landscape Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board subject to the approval by the Commission as the one and only integrated and accredited association of Landscape Architects. A Landscape Architect duly registered with the Board shall automatically become a member of the integrated national organization and shall receive the benefits and privileges provided for in this Act upon payment of the requirement fees and dues. Membership in the integrated organization shall not be a bar to membership in other associations of Landscape Architects.
Section 29. Foreign Reciprocity
No foreign Landscape Architect shall be registered and issued a certificate of registration/professional license to practice the Landscape Architecture profession or consultancy thereof or be entitled to any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen specifically permits Filipino Landscape Architects to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country.
Section 30. Coverage of Temporary/Special Permits
Foreign nationals who have gained entry in the Philippines to perform professional services as Landscape Architects or consultants in foreign-funded joint venture or assisted projects of the government, or employed or engaged by Philippine or foreign contractors or private firms shall, before assuming his duties, functions and responsibilities, secure a special/temporary permit from the Board, subject to the approval by the Commission, and the Department of Labor and Employment (DOLE) to practice his/her profession in connection with the project to which he/she was commissioned, provided that certain conditions are satisfied as follows:
Section 31. Appropriations
Such sums as may be necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. ARTICLE VI FINAL PROVISIONS
Section 32. Enforcement
The Commission shall be the enforcement agency of the Board. As such, the Commission shall implement the concerned provisions of this Act, enforce its implementing rules and regulations as adopted by the Board, conduct investigations for the Board on complaints against violators of this Act, its rules and regulations including violations of the Code of Ethics, Code of Technical standards for Landscape Architecture and other policies of the Board.
Section 33. Illegal Practice of Landscape Architecture and Penalties
No person shall practice Landscape Architecture in the Philippines or use the title 'Landscape Architect' or words, letters, figures, signs and cards or other means to indicate in any manner whatsoever that he/she is qualified to perform the work of a Landscape Architect by the use of titles such as 'Landscape Consultant', 'Landscape Designer,' 'Landscape Engineer', 'Landscape Artist', 'Landscape Agriculturist', 'Landscape Horticulturist', 'Landscape Planner', 'Land Planner', 'Site Planner' or similar terms that suggest the work of a Landscape Architect, unless the professional has been issued a certificate of registration/professional license or a temporary/special permit by the Board and the Commission. Any person who shall practice or offer to practice Landscape Architecture in the Philippines without being registered or exempted from registration, or without a certificate of registration professional license or a temporary/special permit in accordance with the provisions of this Act; or any person presenting or attempting to use as his/her own the certificate of registration/professional/license or seal of another; or any person who shall give any false or forged evidence of any kind to the Board or any of its members in obtaining a certificate of registration/professional license; or any person who shall falsely impersonate any registrant with like or different name; or any person who shall attempt to use a revoked, suspended or invalid certificate of registration/professional license; or any person who shall use or advertise any title or description tending to convey the impression that he/she is a Landscape Architect when he/she is not; or any person who shall violate any provisions of this Act and its rules and regulations and the Code of Ethics of the profession, shall upon conviction by the court suffer penalties. The penalties for the mentioned illegal practices shall be a fine of not less than Fifty thousand pesos (P50,000.00), no more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than six (6) months nor more than three (3) years, or both fine and imprisonment at the discretion of the court: Provided,That if the violation is committed by an alien, he/she shall be immediately deported after payment of fine or service of sentence without any further proceedings.
Section 34. Separability Clause
If any clause, provision, paragraph or part thereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof. but such judgment shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.
Section 35. Repealing Clause
All laws, decrees, executive orders and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.
Section 36. Effectivity
This Act shall take effect fifteen (15) days following its publication in the Official Gazetteor a major daily newspaper of general circulation in the Philippines, whichever comes earlier.
Approved,
AQUILINO Q. PIMENTEL JR.
President of the Senate
FELICIANO BELMONTE JR.
Speaker of the House of Representatives
LUTGARDO B. BARBO
Secretary of the Senate
ROBERTO P. NAZARENO
Secretary General House of Representatives
Approved: March 30, 2001
GLORIA MACAPAGAL-ARROYO
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.