Code of Ethics for Landscape Architects

March 31, 2004

PROFESSIONAL REGULATORY BOARD OF LANDSCAPE ARCHITECTURE RESOLUTION NO. 02-04

CODE OF ETHICS FOR LANDSCAPE ARCHITECTS

(Pursuant to Section 10, Article III of Republic Act No. 9053, known as "Philippine Landscape Architecture Act of 2000", the Board of Landscape Architecture, subject to approval by the Professional Regulation Commission (PRC), hereby resolved to adopt and promulgate the following Code of Ethics for Landscape Architects as prescribed by the Integrated National Organization of Landscape Architects, the Philippine Association of Landscape Architects, Inc. (PALA) to govern the conduct of registered and certified/certificated Landscape Architects in the practice of their profession. SDIACc

ARTICLE 1

Definition of Terms

SECTION 1. Landscape Architect. — A natural person registered and certified/certificated, and authorized by the Board of Landscape Architecture (Board) and Professional Regulation Commission (PRC) to practice Landscape Architecture in the Philippines pursuant to R.A. No. 9053.

SECTION 2. Engagement.— Professional work rendered by a Landscape Architect to a client for a fee, onerous or gratuitous.

SECTION 3. The Philippine Association of Landscape Architects, Inc. (PALA).— An Integrated National Organization of Landscape Architects accredited and recognized by the Board and the PRC.

ARTICLE 2

Promoting and Protecting Landscape Architecture

SECTION 4. Conduct of the Professional. — The Landscape Architects shall always practice their profession in a manner which brings honor and credit to Landscape Architecture. They shall not participate in the commitment of any fraudulent and deceitful crime involving moral turpitude; nor abet any act which violated R.A. No. 9053, Res. No. 01, Series of 2002, this Code, and other policies or issuances.

SECTION 5. Advocacy.— When two (2) members of the profession express contradicting opinions which involve matters thereon the Philippine Association of Landscape Architect, Inc. (PALA) or any of its chapters, shall not hesitate to mediate and correct any undue bias, whether publicly or in private; and shall advocate or adequately present a position or clarification thereon. BenchStat

ARTICLE 3

Protecting the Environment, the Public Interest and Promoting Social Development

SECTION 6. Promoting the Public Interest.— In the practice of the profession, the Landscape Architects shall subordinate their personal interest, as well as the interest of their clients, to the larger public interest. In the performance of their contractual obligation, they shall endeavor to perform their work in a manner which enhances the environment, protect the public interest, and promote the judicious use resources.

SECTION 7. Social Development.— As part of their folio of works, the Landscape Architects shall include professional engagements which highlight the positive impacts of landscape planning and design on improving the quality of life, enhancing the environment, and addressing social development concerns of the underprivileged, minority, and marginalized sectors of society.

SECTION 8. Renewal of Professional Identification Card.— The Landscape Architects shall pay their annual registration fees to the Professional Regulation Commission (PRC).They may voluntarily submit Continuing Professional Education/Continuing Professional Development (CPE/CPD) units when they apply for the said renewal.

ARTICLE 4

Responsibility to the Client or Employer

SECTION 9. Professional Commitment.— The Landscape Architects are faithful agents or trustees of their employers or clients, providing them the full benefit of an objective professional opinion unaffected by other personal or financial considerations.

SECTION 10. Confidentiality of Information.— The Landscape Architects shall protect any agreement they have entered into with their clients or employers for they have been engaged in. No information shall be volunteered or released by the Landscape Architects without their employer's or client's prior permission nor shall any condition be revealed, within the bounds of law, which may unjustly prejudice their client's/employer's interest in the work for which they are engaged in.

SECTION 11. Conflict of Interest.— The Landscape Architects shall not engage in acts which constitute a conflict of interest, such as, but not limited to, using a salaried position or a position of privilege for financial gain, engaging in work other than that for the practice of their profession or transgressing, or securing additional or other work for financial gain without the prior permission of their client/employer.

SECTION 12. Fair Remuneration.— Landscape Architects shall bill for and receive their remuneration solely from their stated charges for services rendered to their clients. They shall not demand extra or additional remuneration from commercial or speculative profit from materials or services provided to their clients by others.

ARTICLE 5

Responsibility to the Integrated National Association of Landscape Architects

SECTION 13. Advancement of the Association.— The Landscape Architects shall contribute to the welfare and advancement of their professional organization by encouraging the professional development of those entering the profession and by striving themselves to be members in good standing of their organization.

SECTION 14. Membership in Good Standing.— The Landscape Architects shall be members in good standing of the integrated and accredited national organization of Landscape Architects by abiding by its rules and regulations, including the dutiful payment of annual dues to the association.

SECTION 15. Unity and Solidarity.— The Landscape Architects shall endeavor to be a unifying, rather than a divisive force in the organization. They shall abide by the Articles of Incorporation and by-laws of PALA, its policies and rules implemented by the said officers and members of the board.

SECTION 16. Informing the Organization of Violation and Illegal practice. — Landscape Architects who are in possession of any information which confirms instances of violation by other Landscape Architects of the Implementing Rules and Regulations and the Code of Ethics, or of instances of illegal practice of the profession, shall promptly inform the PALA and the Board of Landscape Architecture in writing in order for the foregoing bodies to take appropriate action thereon. In notifying the PALA and the Board of such violation, the Landscape Architect shall provide all documentary evidence and shall voluntarily agree to furnish oral or written testimony when required to do so.

SECTION 17. Continuing Professional Education.— The Landscape Architects shall support and participate in the PALA's continuing professional education or development program. In the spirit of cultivating a culture of excellence, the Landscape Architects shall pursue means for improving professional competence through, but not limited to, seminars and workshops, publication of articles and books, researches and special studies, and the pursuit of higher education.

ARTICLE 6

Responsibility to Fellow Landscape Architects

SECTION 18. Conduct Due Fellow Landscape Architects.— The Landscape Architects shall not do any harmful act or any utterance/imputation which would injure or damage the professional reputation, prospects, practice or employment of other Landscape Architects.

SECTION 19. Seal and Use of Seal.— Landscape Architects shall not affix their signatures and seals on any plans, specifications, and other contract documents prepared by other persons or entities and not done under their direct personal supervision.

SECTION 20. Claims for Credit and Acknowledgment.— The Landscape Architects shall seek and pursue claims for credit only for work or part of the work for which they were engaged to perform. No Landscape Architects shall claim credit for work done by other Landscape Architects; or shall make claims to full credit for work which has not been entirely nor solely done by them.

SECTION 21. Solicitation for Clients.— The Landscape Architects shall obtain work solely on the basis of their experience and ability, advertising only in a dignified and responsible manner, and not soliciting current clients of other Landscape Architects.

SECTION 22. Commitment to Fair Competition.— In obtaining work, the Landscape Architects shall do so in the spirit of fair competition. They shall not submit proposals which are disproportionate to prevailing standard fees of the profession as set by the Association, nor offer to pay out commissions to insure advantage, nor offer to be paid a salary to compete unfairly with other Landscape Architects. aSIDCT

Neither shall Landscape Architects offer to implement and execute the work they have been engaged to design. Nor shall they offer a 'design-and-build' service in an instance when invitation for proposals by a Client are for a 'design-only' engagement. Landscape Architects shall not accept payment of commission from another Landscape Architect or entity for the purpose of influencing the outcome of a bid for professional services submitted by Landscape Architects.

SECTION 23. 'Design-and-Build' Engagements.— Only and unless specifically so required by the Clients may Landscape Architects do work in a 'design-and-build' engagement. In such an instance, the Landscape Architects shall not offer to the Clients their design services as free of charge or disproportionate to the prevailing standard fees as set by the Association in order to obtain the landscape construction portion of an engagement.

ARTICLE 7

Observance of Proper Relations with Foreign Consultants

SECTION 24. Rights of the Filipino Landscape Architects. — The Landscape Architects shall adhere to the provisions of the Constitution of the Republic of the Philippines in promoting and protecting the rights of Filipino Landscape Architects, as embodied in the Landscape Architecture Act (RA 9053) of 2000 and its implementing rules and regulations.

SECTION 25. Foreign Consultants.— No Filipino Landscape Architects shall allow themselves to be accessories, accomplice or parties to the illegal practice by foreign Landscape Architects or foreign entities, by consenting to act for and behalf in seeking to practice or offer Landscape Architecture services in the country. Neither shall Landscape Architects abet the illegal practice of the profession in the country.

 

SECTION 26. Local Counterpart Arrangements.— No Landscape Architects working with foreigners or entities for particular engagements shall allow themselves to be used or lend their names, signatures and seals to the foreigners or entities if employed in salaried positions. Where engagements require the names, signatures and seal for Landscape Architects, the Landscape Architects shall act as the local counterparts of the foreigners or entities and shall enjoy the rights, privileges, and benefits accorded to local counterparts.

SECTION 27. Local Professional Competence.— The Landscape Architects shall hire or employ local Landscape Architects for projects that are engaged in, and only may foreigners be considered for hiring when it has been adequately determined that no qualified local Landscape Architects residing in the Philippines are available or willing to be engaged for such work.

ARTICLE 8

Revocation or Suspension of Certificates of Registration of Landscape Architects

SECTION 28. Administrative, Investigation and Imposition of Disciplinary Action.— The Board may, after due notice and hearing, revoke or suspend the certificate of registration of a registered and certified Landscape Architect for violation of any provisions of this Code of Ethics. The Board's decision, resolution or order, if perfected within the reglementary period, may be appealed with the Commission. The decision, resolution or order of the foregoing bodies may be appealed with the Courts of Appeals.

ARTICLE 9

Effectivity

SECTION 29. Effectivity.— This Code shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any newspaper of general circulation.

Done in the City of Manila this 31st day of March 2004.

(Sgd.) CARLITO B. PESONSChairman

(Sgd.) RICARDO A. HILARIO IIMember

(Sgd.) CECILIA HERRAS-TENCEMember

ATTESTED TO:

(Sgd.) CARLOS G. ALMELORSecretary

APPROVED:

(Sgd.) ANTONIETA FORTUNA-IBEChairperson

(Sgd.) AVELINA A. DE LA REACommissioner

(Sgd.) LEONOR T. ROSEROCommissioner