Guidelines for the Implementation of Sec. 26, Art. V of R.A. No. 9053

October 1, 2007

PROFESSIONAL REGULATORY BOARD OF LANDSCAPE ARCHITECTURE RESOLUTION NO. 003-07

GUIDELINES FOR THE IMPLEMENTATION OF SECTION 26, ARTICLE V OF R.A. NO. 9053 FOR THE FORMATION OF PARTNERSHIPS, ASSOCIATIONS, AND CORPORATIONS BY REGISTERED LANDSCAPE ARCHITECTS REGISTERED WITH OTHER REGISTERED PROFESSIONALS IN FIELD RELATED TO LANDSCAPE ARCHITECTURE

WHEREAS, Sec. 26 Art. V. of R.A. No. 9053, known as the "The Philippine Landscape Architecture Act of 2000" allows registered/licensed Landscape Architects among themselves or with other registered/licensed professionals whose practice is related to Landscape Architecture to form and obtain registration of partnership, association, or corporation with the Securities and Exchange Commission (SEC) under which their partners, members or stockholders can practice their profession upon submission of the SEC registration documents to the Board of Landscape Architecture; DHacTC

WHEREAS, Rule 55, Art. XIV of Board Res. No. 01, Series of 2002, known as the "Implementing Rules and Regulations of the Philippine Landscape Architecture Act of 2000 (IRR PLA), states, to wit:

"Rule 55. Formulation and Issue of Guidelines for the Implementation of Sec. 26 of R.A. No. 9053. — The Board, in consultation with the Officers of the Philippine Association of Landscape Architects (PALA) shall prepare for its adoption and approval by the Commission the Guidelines for the implementation of Section 26 of R.A. No. 9053 which allows the formulation of partnership, associations and corporations by registered Landscape Architects with persons properly registered/licensed in any field related to Landscape Architecture";

WHEREAS, Sec. 26 Art. V. R.A. No. 9053 and Rule 55 Art XIV of Board Resolution No. 1 Series of 2002 with the approval of the Professional Regulation Commission (the Commission) pursuant to Sec. 7 (c) of R.A. No. 8981, known as the "PRC Modernization Act of 2000", to issue such rules and regulation as maybe deemed necessary to carry out the provisions of the former.

WHEREAS, the registration and accreditation of consulting partnership, corporation, associations and other entities engaged in Landscape Architecture will enable the Board to effectively implement an enhanced level of professional, ethical and technical standards of professional practice;

WHEREAS, the registration and monitoring of the foregoing firm, partnership or association by the Board and the Commission under Sec. 32, Article VII of R.A. No. 9053 and Sec. 9 (b) of R.A. No. 8981 will enable them to identify and impose corresponding administration sanctions and to institute criminal actions against them before the courts for engaging in the practice of Landscape Architecture without lawful authorization in violation of the law of the rules and regulation or the Code of Ethics for Landscape Architects; and

WHEREAS, there is a need to protect the public against fraud, deception or the consequences of ignorance and incompetence in the practice of Landscape Architecture.

NOW, THEREFORE, the Board hereby resolved, as it now resolves, to issue and promulgate the Guidelines for the Implementation of Section 26, Article V of R.A. No. 9053 for the formulation of Partnerships, Associations, and Corporations by Registered with other Registered Professionals in Fields Related to Landscape Architecture that the following implementing guidelines shall apply and be promulgated.

ARTICLE 1

Definition of Terms

RULE 1. Definition of Terms. — Unless defined, the following terms shall be understood to mean:

a. Commission refers to the Professional Regulation Commission (PRC), created by RA 8981.

b. Board refers to the Board of Landscape Architecture (BOLA), created by RA 9053.

c. Type of Entities Which May Practice Landscape Architecture. The following entities, subject to the provisions of the Landscape Architecture Law (RA 9053) and Its Implementing Rules and Regulations, may engage in the practice of Landscape Architecture.

c.1. Firm. An organization, which may be any of the following defined in c.3, c.4, and c.5 below.

c.2. Single Proprietorship. An organization or enterprise wholly owned and operated by registered/licensed Landscape Architect and registered with the Department of Trade and Industry (DTI). ACEIac

c.3. Partnership. A professional partnership whether or not duly registered as such with the Securities and Exchange Commission whose members must be registered/licensed Landscape Architects.

c.4. Corporation. An organization duly registered as such with the Securities and Exchange Commission whose members must be registered/licensed Landscape Architects.

c.5. Association. A grouping of two or more firms organized for a specific project or purpose, such as but not limited to joint-venture corporations or partnerships, collaboratives, non-government organization (NGOs) and consulting arms of academic institutions.

d. Landscape Architect as defined by RA 9053, is a natural person who holds a valid Certificate of Registration and a valid Professional Identification Card issued by the Board and the Commission.

e. Certificate of Firm's Registration. A statement in writing under seal, issued by the Commission upon the recommendation of the Board attesting that the partnership, corporation or association of Landscape Architects is a duly registered to practiced Landscape Architecture in the country.

f. Roster of Registered Firms. A list of partnerships, corporations, and associations registered and accredited with the Board and the Commission to practice Landscape Architecture in the country, which the Board continually maintains, updates and issues from time to time.

ARTICLE 2

Registration

RULE 2. Qualifications for Registration — A consulting firm may register and seek accreditation for the practice of Landscape Architecture, provided that the following requirements are met:

a. Composition and Equity Structure. Either at least eighty (80%) percent of its members are duly registered/licensed Landscape Architects or that, at least eighty percent (80%) of the firm's capitalization is owned jointly among the registered/licensed Landscape Architects.

b. Professional Responsibility. The practice of Landscape Architecture by the entity shall be carried out and shall remain the professional responsibility of its registered/licensed Landscape Architects.

RULE 3. Period of Registration. — Within six (6) months from the effective date of these implementing guidelines, partnerships, corporations, and associations of Landscape Architects shall register with the Board and the Commission in the manner provided in Article 4. They shall not commence the practice of Landscape Architecture until a valid Certificate of Firm's Registration has been issued in accordance with these guidelines. HEacDA

RULE 4. Application for Registration, Documents for Submission.— The application for registration shall be accomplished in triplicate, in the form prescribed by the Board and issued by the Commission and duly signed by the Firm's authorized representative. The Application for Registration, attached as Annex A, shall contain information as required by the Board, including but not limited to the following:

a. Name of partnership, corporation or association; caHASI

b. Full names of the partners, incorporators or members who are registered/licensed Landscape Architects together with copies of their Certificates of Registration, their current professional identification card issued by the Commission, and their current Professional Tax Receipts (PTRs);

c. Certificate of Registration with the Department of Trade and Industry (DTI) and/or from the Securities and Exchange Commission (SEC);

^* e. Correspondent relationship with foreign Landscape Architecture or Land Planning firms if any and the full names of the correspondent firms, their complete postal business addresses, email addresses, telephones and fax numbers, websites; and a brochure of the foreign firm;

f. If a corporation, the full names of the officers and directors of the corporation as appearing in the Articles of Incorporation and in the General Information Sheets submitted annually to the SEC;

g. Tax Identification Numbers (TINs) of the firm and those of its members, partners or incorporators;

h. Current business permit issued by the Local Government Unit (LGU).

RULE 5. Renewal of Registration.— Registration of entity shall be renewed every three (3) years. Provided, that should there be a change in the composition of the members, partners or incorporations, or in its officers or directors, the change shall be registered soonest in the same prescribed form and manner, under the heading, Change in Composition, and duly notarized and submitted to the Commission. A copy of the General Information Sheet submitted to the SEC, duly notarized, shall likewise be attached, together with other changes that have taken place since the last registration.

RULE 6. Action on Application.— The Board shall duly authenticate all application for firm registration received in proper form, and after having passed upon such applications shall, not later than fifteen (15) calendar days after the application is filed, recommended approval or denial to the Commission of the application.

RULE 7. Issue of Certificate of Firm's Registration.— The Board shall issue to the applicant entity the corresponding Certificate of Registration to practice Landscape Architecture. Unless sooner revoked, cancelled or withdrawn, the said Certificate shall remain valid for three (3) years until its expiry and upon payment of the necessary fees.

RULE 8. Display of Certificate of Registration.— The duly accredited and registered entity shall display in a prominent place in its business premises its Certificate of Firm Registration.

RULE 9. Roster of Landscape Architecture Entities.— The Board and the Commission shall maintain a roster of entities engaged in the practice of Landscape Architecture. This roster shall be continually updated and shall be furnished to all concerned agencies of government, local government units (LGUs),or made available to the public upon request. EaScHT

 

ARTICLE 3

Voluntary Withdrawal of Registration or Reinstatement

RULE 10. Withdrawal of Registration.— Entities of Landscape Architects, duly registered with the Board and Commission, may voluntarily withdraw their registration by filing with the Board a petition in writing stating the reason(s) for such. The petition shall be duly authenticated and signed by the authorized representative requesting voluntary withdrawal. Upon approval, the petitioner shall be informed in writing to the board of its removal from the roster of registered firms. HAcaCS

RULE 11. Cessation to Practice.— Upon receipt from the Board of written notice of its withdrawal from registration, the petitioner shall cease to engage in the practice of Landscape Architecture.

RULE 12. Publication of Withdrawn Registration.— The Board, motu proprio,may publish the list of entities whose certificate of Firm Registration has been cancelled or withdrawn, and shall furnish copies of such to concerned agencies of government or the public requesting such.

RULE 13. Filing of Reinstatement.— An entity which has voluntarily withdrawn its registration, may register anew by filing an application under the provisions of Article 2 of the herein guidelines.

ARTICLE 4

Fees and Penalties

RULE 14. Registration Fee.— Fees for application for initial registration, renewals, and petition for reinstatement shall be set the Commission, and may be subject to change from time to time.

RULE 15. Suspension or Revocation of Firm's Certificates. — The Board shall have the power, after due process and hearing, to suspend or cancelled the Certificate of Firm Registration for cause, such engaging in unethical practice not consistent with the Code of Ethics, violations of R.A. No. 9053, the IRR thereof, or non-adherence to the Technical Standards of Professional Practice.

RULE 16. Penal Provisions. — Any partnership, association or corporation violating Sec. 26, Art. V of R.A. No. 9053, upon conviction, shall be liable under the penal provisions of Sec. 33, Art. VI of RA No. 9053 and Rule 51, Art. XII of Board Res. No. 01, Series of 2002.

ARTICLE 5

Separability Clause and Effectivity

RULE 17. Separability Clause.— Provisions of any Rules other than those that the courts have declared unconstitutional or not valid shall not be affected and shall remain enforceable.

RULE 18. Effectivity.— This Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any publication of general circulation in the Philippines.

DONE in the City of Manila, this 01 day of October 2007. CHcESa

 

(SGD.) CARLITO P. PESONSChairman

 

(SGD.) CECILIA HERRAS-TENCEMember

 

(SGD.) CYNTHIA M. SUNDIANGMember

ATTESTED BY:

 

(SGD.) CARLOS G. ALMELORSecretary

APPROVED:

 

(SGD.) LEONOR TRIPON-ROSEROChairperson

 

(SGD.) RUTH R. PADILLACommissioner

 

(SGD.) NILO L. ROSASCommissioner