Abad-Guanzon-Elemos, Inc.
SEC Opinion • Securities and Exchange Commission • Opinions • Aug 12, 1987
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August 12, 1987 Abad-Guanzon-Elemos, Inc. 139 Raquel Building Malakas Street, Diliman, Quezon City Attention : Arch . Vicente Abad President Sir : This has reference to your letter dated July 14, 1987, requesting for the opinion of this Commission on the query posed therein. You alleged that Mr. Ruben Elemos misrepresented as a full fledged and duly registered architect so as to be included as one of the principal incorporators of your corporation whose primary purpose is of Technical Design and other architectural related works. cdll Sec. 24 of Republic Act No. 544, as amended by Republic Act No. 1582, provides, and we quote: "The practice of civil engineering is a professional service, admission to which must be determined upon individual, personal qualifications. Hence, no firm, partnership, corporation or association may be registered or licensed as such for the practice of civil engineering : Provided, however, that persons properly registered and licensed as civil engineers may, among themselves or with a person or persons properly registered and licensed as architects, form, and obtain registration of a firm, partnership, or association using the term "Engineer" or "Engineers and Architects," but nobody shall be a member or partner of such firm, partnership or association unless he is duly licensed civil engineer or architect, and the members who are civil engineers shall only render work and services proper for a civil engineer, as defined in this Act, and the members who are architects shall also only render work and services, proper for an architect, as defined in the law regulating the practice of architecture; individual members of such firms, partnership or association shall be responsible for their own respective acts." The above provision expressly and categorically prohibits any firm, partnership, corporation, or association from being "registered or licensed as such for the practice of civil engineering" upon the premise that said practice is a "professional service" and admission; thereto must be based on individual, personal qualifications. An examination of your approved articles of incorporation on file with this Commission shows that your primary purpose is "to engage in, conduct, and carry on general technical consulting services and; project management, consisting but not limited to appraising, testing, inspection, counselling, supervision of construction, maintenance and repair works, and to act as project managers in the construction business above specified." From the above, there is nothing in the aforequoted primary purpose which requires for a full pledged architect. Please be advised accordingly. Very truly yours, (SGD.) JULIO A. SULIT, JR. Chairman
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