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2324 Module 3 Code of Ethics

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2324 Module 3 Code of Ethics

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Vynewmu 3
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 16

9/8/2023

ARPP PROFESSIONAL PRACTICE 2

Module 3
Code of Ethical Conduct

Ar. Rustom C. Guilles, uap


August 29, 2023, Virtual Conferencing

REPUBLIC ACT NO. 9266


ARCHITECTURE ACT OF 2004
An Act Providing for a More Responsive and Comprehensive Regulation for the
Registration, Licensing and Practice of Architecture, Repealing for the Purpose Republic
Act No. 545, as Amended, Otherwise Known as “An Act to Regulate the Practice of
Architecture in the Philippines,” and for Other Purposes
Within sixty (60) days after the effectivity of this Act, the Board, subject to the
approval of the Commission and in coordination with the integrated and accredited
professional organization, shall adopt and promulgate such

Rules and Regulations, Code of Ethical Conduct and


Standards of Professional Practice,

to carry out the provisions of this Act and which shall be effective fifteen (15) days
following their publication in the Official Gazette or in two (2) major daily
newspapers of general circulation.
Section 41. Implementing Rules and Regulations, Rule V (Final Provisions), of the R.A. No. 9266, Known As "The Architecture Act Of 2004"

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STANDARDS OF
CODE OF ETHICAL CONDUCT
PROFESSIONAL PRACTICE
A document which forms part of the Architects’ A document embodied in the Architects National
National Code which contains the norms and Code, which defines all aspects of professional
principles governing the practice of the profession of service, prescribes minimum basic fees and
architecture in the highest standards of ethical establishes the rights and obligations of both the
conduct. Architect and the client

Items 24 and 39, Section 3 Definition of Terms, IRR of R.A. No. 9266, Known As "The Architecture Act Of 2004"

STANDARDS OF
CODE OF ETHICAL CONDUCT PROFESSIONAL PRACTICE

Code of Ethical Conduct for RLAs under R.A. and holders of Special 2010 Standards of Professional Practice (SPP) approved and adopted on
Permit under RA No. 9266, Known As “The Architecture Act Of 2004“ 27 July 2010 as the Supplemental IRR of R.A. No. 9266 known as “The
thru PRBOA Resolution No. 02 s. of 2006 Architecture Act of 2004” thru PRBOA Resolution No. 03 s. of 2010.

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The Virtues
"May the Architect be high-minded; not arrogant, but faithful;
Just, and easy to deal with, without avarice;
of an Not let his mind be occupied by receiving gifts,
Architect But let him preserve his good name with dignity..."
- Marcus Vitruvius Pollio

PRBOA RESOLUTION NO. 02 SERIES OF 2006

Adoption and Promulgation of the Code of Ethical


Conduct for Registered And Licensed Architects
And For Holders Of Temporary/Special Permits
Under R.A. No. 9266, Known As “The
Architecture Act Of 2004"

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Code of Ethical Conduct


Article I General Provisions
Article II The Architect's Responsibilities In Relation To The People
Article III The Architect's Responsibilities In Relation To His/Her Client
Article IV The Architect's Responsibilities In Relation To The Contractor
Article V The Architect's Responsibilities In Relation To Manufacturers, Dealers, And Agents
Article VI The Architect's Responsibilities In Relation To His/Her Colleagues And
Subordinates
Article VII Architect’s Credo

Traits of Architects Duties and Responsibilities

Highest Integrity Responsiveness


He/she is charged with the
He/she acts as professional exercise of mediation and
adviser to his/her Client and conciliation functions between
his/her advice must be Client and Contractor and must
unprejudiced. act with entire impartiality.

Business Acumen Sensibility

He/she has moral He/she is engaged in a


responsibilities to his/her profession which carries with it
professional associates and grave responsibilities to the
Artistic Ability Technical Ability subordinates. public.

Section 1 and 2, Article 1. General Provisions, PRBOA Resolution No. 02 Series Of 2006, Adoption and Promulgation of the Code of Ethical Conduct for Registered And Licensed
Architects And For Holders Of Temporary/Special Permits Under R.A. No. 9266, Known As “The Architecture Act Of 2004"

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The Architect's Responsibilities in Relation to the People


The Architect is engaged in a profession which carries with it civic
responsibilities towards the public, whether such responsibilities are the
natural outcome of good citizenship or of his/her professional pursuit, or whether
they partake of informative and educational matters or of his/her normal interest
in public welfare; and, accordingly, he or she:
1. shall respect and help conserve the systems of values and the natural,
historic, and cultural heritage of the community in which he/she creates
architecture. He/she shall strive to improve the environment and the life and
habitat within it in a sustainable manner, fully mindful of the effect of his/her
work on the widest interests of all those who may reasonably be expected to
use the product of his/her work.
2. shall promote the interest of his/her professional organization and do
his/her full part of the work to enhance the objectives and services of the
organization. He/she should share in the interchange of technical
information and experience with the other design professions and the
construction industry.

The Architect's Responsibilities in Relation to the People


3. as a good citizen shall abide by and observe the laws and regulations of the
the government and comply with the Code of Ethical Conduct and the
Standards of Professional Practice. He/she shall at all times endeavor to
properly observe the laws on the practice of architecture and on the planning
and design of buildings and their environs. He/she shall at no time act in a
manner detrimental to the best interest of the architectural profession.
4. shall not use paid advertisement, nor use self-laudatory, exaggerated, or
misleading publicity. However, he/she may, in the context of advancing
public knowledge of the Architect’s function in society, as well as of
architecture itself, opt to write books, be a regular columnist of a publication,
or be a contributor to the preparation of any other literature, or actively
participate in any forum, seminar, workshop, or similar assemblies through
verbal or visual presentations and, in the process, show his/her own true
worth as a professional, in which case he/she may receive remuneration or
honorarium for such undertakings.

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The Architect's Responsibilities in Relation to the People

5. shall not solicit, nor permit to solicit, in his/her name, advertisements or


other support towards the cost of any publication presenting his/her work.
He/she shall refrain from taking part in paid advertisement endorsing any
materials of construction or building equipment.
6. shall not deceive the public as to his/her professional competence, nor
claim any professional specialization unless supported by academic
qualification, track record or relevant expertise, professional resources
available to him/her which will enable him/her to handle the work particularly
requiring such specialization and sanction, by his/her peers in the profession.
7. may exhibit his/her professional shingle outside his/her office, or display a
project billboard indicating relevant information, which may include pictorial
reproduction thereof, in a modest manner.

The Architect's Responsibilities in Relation to his/her Client


The Architect's relation to his/her Client is dependent upon good faith. To
ensure the continued existence of such state of good relationship, the Architect's
position carries with it certain moral obligations to his/her Client and to
himself/herself. The Architect shall always endeavor to protect the Client's
interests but never at the expense of higher public interests and public welfare;
and, accordingly, he/she
1. shall introduce to a prospective Client the professional services he/she is able
to perform provided it is limited to the presentation of examples of his/her
professional-experience and does not entail the offering of free
preliminary sketches or other services without the benefit of an
agreement with the Client for legitimate compensation.
2. shall acquaint or ascertain from the Client, at the very inception of their
business relationship, the exact nature and scope of his/her services and
properly inform the Client of the corresponding professional fees.

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The Architect's Responsibilities in Relation to his/her Client

3. shall advise a Client against proceeding with any project whose


practicability may be questionable due to financial or legal important
and/or exigent conditions, even if such advice may mean the loss of a
prospective commission to the Architect.
4. shall explain the conditional character of estimates and in no case shall
he/she guarantee any estimates or cost of the work in order to secure a
commission, unless provided for by law, as in certain government projects.
5. shall consider the needs and stipulation of his/her Client and the effects
of his/her work upon the life and well-being of the public and the community
as a whole and shall endeavor to meet the aesthetic and functional
requirements of the project commensurate with the Client's budget.

The Architect's Responsibilities in Relation to his/her Client


6. shall bill his/her Client for services rendered a professional fee
commensurate with the work involved and with his/her professional standing
and experience based upon the Basic Minimum Fee prescribed under the
SPP.
7. shall undertake the construction of a project even when the plans were
prepared by him/her when it conforms with pertinent sections of the SPP.
8. shall be compensated for his/her services solely through his/her
professional fee billed directly to the Client. He/she shall not ask for any
other returns in whatever form from any interested source other than the Client.
9. shall be free in his/her investments and business relations outside of
his/her profession from any financial or personal interests which tend to
weaker his/her standing as an unprejudiced and honest adviser, free to act in
his/her Client's best interests. If the Architect has any other business
interest's which would relate to, or affect the interest of the Client, he/she
should inform the Client of such a condition or situation.

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The Architect's Responsibilities in Relation to his/her Client

10. shall include in his/her agreement with the Client a clause providing for
negotiation, mediation/conciliation and/or arbitration as alternative
methods for the settlement of disputes.
11. shall carry out his/her professional work without undue delay and within an
agreed reasonable time limit.
12. shall keep the Client informed at all times of the progress of the work
undertaken on the Client's behalf and of any issue that may affect project
quality and cost.

The Architect's Responsibilities in Relation to the Contractor


The Contractor depends upon the Architect to safeguard fairly the Contractor's
interest as well as those of the Client; and, accordingly he or she shall
introduce to a prospective Client the professional services he/she is able to
perform provided it is limited to the presentation of examples of his/her
professional-experience and does not entail the offering of free preliminary
sketches or other services without the benefit of an agreement with the Client for
legitimate compensation.
1. shall give the Contractor every reasonable assistance to enable him/her
to fully understand the contents of the Contract Documents by furnishing
clear, definite, and consistent information in all pertinent contract documents
to avoid unnecessary mistakes that may involve extra costs to either the
Contractor or the Client.
2. shall not knowingly call upon the Contractor to correct or remedy
oversights or errors in the Contract Document to the Contractor's or the
Owner's financial disadvantage.

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The Architect's Responsibilities in Relation to the Contractor


3. shall, immediately upon his/her personal knowledge and inspection, reject or
condemn material, equipment, or workmanship which is not in
conformity with the Contract Documents in order not to cause
unnecessary delay and additional expense to the Contractor.
4. shall reject any offer of free professional engineering or allied design
service/s, or receive any substantial aid, gifts, commissions, or favors from
any Contractor or Subcontractor which will tend to place him/her under any
kind of obligation to return such favors.
5. shall promptly inspect each phase of the work completed and if found
according to the terms of the Contract Documents, issue the
corresponding Certificates of Payment and the Final Certificate of
Completion, respectively, to the Contractor.

The Architect's Responsibilities in Relation to Manufacturers,


Dealers, And Agents
Relations with Manufacturers, Dealers, and Agents. - An exchange of technical
information between the Architect and those who manufacture, supply, and
handle building materials or equipment is necessary and, therefore,
encouraged and commended, provided that: he/she

1. shall not solicit free professional engineering/allied design or other


technical services from manufacturers or suppliers of building materials
or equipment when these are accompanied by an obligation detrimental to
the best interest of the Client, or which may adversely affect the Architect's
professional opinion.
2. shall not seek commissions, discounts, fees, gifts, or favors from agents
or firms handling building materials or equipment which may place
him/her in a reciprocal frame of mind. All market discounts shall be
credited to the Client.

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The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
Relations with his/her colleagues and subordinates (his/her big and small
brothers/sisters). - The Architect has moral responsibilities towards his/her
profession, his/her colleagues, and his/her subordinates; and, accordingly,
he or she
1. shall not render professional services without a professional service
agreement. He/she shall neither offer nor provide preliminary services on a
conditional basis prior to definite agreement with the Client for the
commission of the project.
2. shall abide by the Basic Minimum Fee prescribed under the "Standards
of Professional Practice". He/she shall not use donation of professional
services as a device for obtaining competitive advantage except for worthy
civic or religious projects. Neither shall he/she submit solicited or
unsolicited sketches or drawings in competition with other Architects
unless such competitive arrangements are conducted substantially under the
terms of me Architectural Competition Code.

The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
• shall not, in any case, enter as competitor in any Architectural Competition
when he/she has direct involvement in the formulation of the Program
thereof, or when he/she has been engaged to act as Professional Adviser or
Juror for such competition. Neither shall the Architect accept and act as
professional adviser or juror in any architectural competition when he/she has
had any information or has reviewed or assisted in the preparation of such
competition. Nor shall be retained as a professional adviser in a competition,
accept employment as an Architect for the competition project, except as
Consulting Architect.
• shall not, under any circumstances or through any means, solicit any project
already known to him/her as previously committed to another Architect,
whether such a commitment is still in the process of negotiation or has already
been definitely agreed upon.
• shall not undertake a commission for which he/she knows that another
Architect has been previously employed unless he/she notifies me other
Architect of the fact in writing and has conclusively determined that the original
employment has been terminated and duly compensated for.

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The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
• shall not undertake a commission for additions, rehabilitation, or
remodeling of any erected structure undertaken previously by another
Architect without duly notifying him of the contemplated project even
when the Client/Owner is no longer the same. When the greater mass, area,
or design of the original structure is substantially maintained, the new Architect
should limit his/her advertisement or claim only to the extent of the specific work
he/she has done to me structure. Whenever the nature of work involved
examples of our architectural heritage, the Architect must look at all possibilities
of restoration.
• shall not maliciously, or unfairly criticize, or discredit another Architect or
the latter's work.
• shall refrain from associating himself/herself with, or allowing the use of
his/her name by any enterprise that may negatively affect himself/herself or
the architectural profession.
• shall not affix his/her signature and seal to any plans or professional
documents prepared by other persons or entities and not done under his/her
direct personal supervision.

The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
• shall provide employees and subordinates with a suitable work environment,
compensate them fairly, and facilitate their professional advancement. He/she shall tutor
and mentor the young aspirants towards the ideals, functions, duties, and responsibilities
leading to the ethical practice of the architectural profession.
• shall unselfishly give his/her share in the transfer of technical knowledge and experience
to his/her colleagues and young aspirants and do his/her part in fostering unity in the
furtherance of the profession.
• shall unselfishly give his/her time and effort to the advancement of the profession thru
his/her active and personal commitment and involvement with the IAPOA and in
undertaking specific advocacy work to ultimately benefit the architectural profession.
• shall ensure that the conduct of his/her professional practice abides by appropriate and
effective internal procedures, including monitoring and review processes, as well as sufficient
qualified and supervised staff to enable the firm to function efficiently.
• shall neither appropriate the intellectual property of, nor unduly take advantage of the ideas
of another architect without express authority from the originating architect.

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The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
• shall build his/her professional reputation on the merits of his/her own
service and performance and shall strive to continuously update
his/her professional know-how. He/she shall recognize and give credit to
others for professional work performed.
• shall not, when offering services as an independent consultant, quote a fee
without first receiving an official invitation for him/her to do so. The
Architect must have sufficient information on the nature and scope of the
project to enable him/her to prepare a fee proposal clearly indicating the
services covered by the fee in order to protect the Client and the public from
under-resourcing or under-pricing by some unscrupulous parties.
• shall not undertake professional work unless the parties shall have
clearly agreed in writing to the terms of the architectural commission,
to wit: scope of work, delineation of responsibilities, any limitation of
responsibilities, fee or method of calculating it, mode of alternative dispute
resolution, and any provision for termination.

The Architect's Responsibilities in Relation to


his/her Colleagues And Subordinates
• shall continue to raise the standards of aesthetic excellence, functional
logic, architectural education, research, training, and practice.
• shall, as appropriate, promote the allied arts and contribute to the
knowledge and capability of the construction industry.
• if he/she possesses substantial information which leads to uneasonable
belief that another Architect has committed a violation of this Code, shall file
a formal complaint with the designated body.
• if he/she is leaving his/her Architect-Employer shall not, without the
permission of the latter, take with him/her designs, drawings, data, or
other relevant materials even if personally performed by him/her. On
the other hand, the Architect-Employer shall not unreasonably withhold such
permission, except when some confidentiality of any such documents must
be reasonably protected.
• shall not discriminate on grounds of race, national origin, age, gender,
marital status, religion, or any disability which would hinder the performance
of his/her professional work.

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PRBOA RESOLUTION NO. 02 SERIES OF 2006

Adoption and Promulgation of the Code of Ethical


Conduct for Registered And Licensed Architects
And For Holders Of Temporary/Special Permits
Under R.A. No. 9266, Known As “The
Architecture Act Of 2004"

ARCHITECTS CREDO (repealed)


Any registered and licensed architect shall recite with vigor, passion, and hope the Architect's
Credo during special or important occasion, e.g., mass oath-taking, lAPOA's affair, PRBOA's
event. The Architect's Credo shall be the following:

Article VII, PRBOA Resolution No. 02 series of 2006 - Adoption And Promulgation of the Code of Ethical Conduct for Registered And Licensed Architects And For Holders Of Temporary/Special Permits Under
R.A. No. 9266, Known As "The Architecture Act Of 2004"

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9/8/2023

ARCHITECTS CREDO (repealed)


• I shall work with this virtuous commitment: to exercise to the utmost my
duty to myself, my country, and my God.
• I shall uphold the ideals, follow the norms of conduct of a noble
profession, and endlessly endeavor to protect and further its just ends.
• I shall abide by the laws, rules, legal orders, statutory policies, and
measures of my country; the Code of Ethical Conduct and the Standards
of Professional Practice; and the Articles of Incorporation and By-Laws of
the Integrated and Accredited Professional Organization of Architects
(IAPOA).
• I shall humbly seek success not through the measure of solicited personal
publicity, but by industrious, meaningful application to my work, and strive
to merit a reputation for quality of service and for equitable dealing.

Article VII, PRBOA Resolution No. 02 series of 2006 - Adoption And Promulgation of the Code of Ethical Conduct for Registered And Licensed Architects And For Holders Of Temporary/Special Permits Under
R.A. No. 9266, Known As "The Architecture Act Of 2004"

ARCHITECTS CREDO (repealed)


• I shall ask for fair remuneration for my professional services
from my Client, and hold his/her interest over and above my
own.
• I shall disclose, whenever required, any private business
investments or ventures that may tend to create a conflict of
interest, and ensure that such conflict does neither compromise
the legitimate interests of my Clients nor interfere with my duty
to render impartial judgment.
• I shall exercise my professional prerogatives always with the
highest level of integrity.
• I shall inspire by my behavior the loyalty of my associates and
subordinates, and take upon me the mentorship of the aspirants
to the profession.
Article VII, PRBOA Resolution No. 02 series of 2006 - Adoption And Promulgation of the Code of Ethical Conduct for Registered And Licensed Architects And For Holders Of Temporary/Special Permits Under
R.A. No. 9266, Known As "The Architecture Act Of 2004"

14
9/8/2023

ARCHITECTS CREDO (repealed)


• I shall confine my criticisms and praises within constructive and inspirational
limits and never resort to these means to promote any malicious motives.
• I shall dedicate myself to the pursuit of creative endeavor towards the goal
of enlightened Art and Science, generously sharing the results of my
research, experience, and expertise.
• I shall treasure my being a holder of a valid certificate of registration and a
valid professional identification card as registered and licensed architect
and of a valid membership card with the lAPOA.
• I shall consecrate myself to the highest standard of professionalism,
integrity, and competence to the public, to the Client, to the contractor, to
the manufacturers, dealers, and agents, and to colleagues and
subordinates who are the direct and indirect users and beneficiaries of my
architectural services.
Article VII, PRBOA Resolution No. 02 series of 2006 - Adoption And Promulgation of the Code of Ethical Conduct for Registered And Licensed Architects And For Holders Of Temporary/Special Permits Under
R.A. No. 9266, Known As "The Architecture Act Of 2004"

PRBOA RESOLUTION NO. 05 SERIES OF 2018

Adoption And Promulgation of the Architect’s Credo,


Amending for the Purpose Board Resolution No. 02 s.
2006, entitled “Adoption and Promulgation of the
Code of Ethical Conduct for Registered And Licensed
Architects And For Holders Of Temporary/Special
Permits Under R.A. No. 9266, Known As The
Architecture Act Of 2004"

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9/8/2023

ARCHITECTS CREDO
• I shall work with this general objective: that I am accountable to
God, to mother earth, to my country, to my fellowmen, and to
myself.
• I shall uphold the ideal and follow the norms and ethical conduct
of this noble profession.
• I shall pursue moral and professional excellence to the utmost
level of integrity through industrious dedication and meaningful
application to my work that merits a reputation for quality of
services worthy of fair remuneration.
• I shall pledge myself to the highest standard of professionalism
in relation to clients, colleagues, industry partners, and society.

PRBOA Resolution No. 05 series of 2018 - Adoption And Promulgation of the Architect’s Credo, Amending for the Purpose Board Resolution No. 02 s. 2006, entitled “Adoption and Promulgation of the Code of
Ethical Conduct for Registered And Licensed Architects And For Holders Of Temporary/Special Permits Under R.A. No. 9266, Known As The Architecture Act Of 2004"

16

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