SPP 209

STANDARD OF PROFESSIONAL PRACTICE (SPP) ON PROFESSIONAL

ARCHITECTURAL CONSULTING SERVICES

SECTION 25-30
SPP 209

SECTION 25. SEAL AND USE OF SEAL UNDER PACS

SECTION 26. INTELLECTUAL PROPERTY RIGHTS FOR PACS
SECTION 27. PROFESSIONAL RESPONSIBILITY AND CIVIL LIABILITY FOR PACS
SECTION 28. APPLICABILITY
SECTION 29. ALTERNATIVE DISPUTE RESOLUTION (ADR)
SECTION 30. PENALTY CLAUSE AND SANCTION
SECTION 25. SEAL AND USE OF SEAL
UNDER PACS
Where applicable and in full accord with R.A. No. 9266 and its derivative
regulations, a Professional Consulting Architect (PCA) shall sign and affix his
professional license number and the seal duly-approved by the
Commission/ PRBoA and/or the IAPOA on all architectural documents as
outputs and other deliverables/materials such as, but not limited to plans,
designs, technical drawings and specifications, feasibility studies as well as
instruments of service, prepared by him, or under his/her direct supervision,
if and only if the CA shall also act as the Architect-of-record (Aor), in which
case he must assume all the attendant/pertinent professional
responsibilities and civil liabilities for the project.
SECTION 26. INTELLECTUAL PROPERTY
RIGHTS FOR PACS
All architectural documentary outputs and materials delivered or rendered
by a professional consulting Architect (PCA) shall be protected under Secs.
20 (4) and 33 of R.A. No. 9266 and its 2004 IRR, whether such outputs and
materials are executed or not.
No person without the written consent of the professional consulting
Architect (PCA) or author of said architectural documents and/or materials
shall duplicate or make copies of said documents for use in the repetition
of and for other projects, whether executed partly or in its entirety.
SECTION 27. PROFESSIONAL RESPONSIBILITY
AND CIVIL LIABILITY FOR PACS

27.1 Any individual, partner, firm/corporation/consortium or joint ventures

which engage in the practice of professional architectural consulting services
(PACS) is legally responsible i.e. professionally responsible before the State and
civilly liable before the State, the general public and the Client, for the conduct
and performance of his/her services to their Clients, whether in the Government,
private sector or civil society or then international community (with projects on
Philippine soil).

27.2 Where applicable, it is imperative that a Professional Consulting Architect

(PCA) secures a Professional Liability Insurance Policy, professional indemnity
insurance or equivalent in bond form commensurate with the magnitude and
scope of project involvement with the corresponding compensation. Such cost
shall form part of the total project cost chargeable to the Client.
SECTION 28. APPLICABILITY

This Standard of Professional Practice (SPP) for Professional Architectural

Consulting Services (PACS) shall be adopted by the IAPOA, which shall
thereafter formulate the covering guidelines and Manual of Procedure
(MoP).
SECTION 29. ALTERNATIVE DISPUTE
RESOLUTION (ADR)
In case of any dispute arising from the implementation of these IRR and
related derivative regulations, the same shall be resolved by modes of
alternative dispute resolution (ADR) mandated under R.A. No. 9285 (the
ADR Act of 2004 and its IRR) before it is referred to a competent court. The
ADR modes must necessarily include negotiation, conciliation, mediation
and arbitration. An ADR clause must therefore form part of all PCAS
agreements.
SECTION 30. PENALTY CLAUSE AND
SANCTION
Any individual, partner, firm/corporation/ consortium who/which engages
in professional architectural consulting services (PACS), but are not
qualified in accordance with the provisions prescribed by law, particularly
under R.A. No. 9266 (The Architecture Act of 2004) and its IRR, shall be
subject to sanction/s by the appropriate public or private entities, without
prejudice to the filing of appropriate criminal, civil administrative or special
complaints pursuant to existing laws.