Ra 9266 Questionnaires and Answer

May 27, 2018 | Author: Chicha Waters | Category: Licensure, Architect, Copyright, Identity Document, Copyright Infringement


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1. What is now allowed by RA 9266 which was not allowed in RA 545?Under ARTICLE III Section 13 - Qualifications of Applicant for Examination , an examinee was not required that he/she is at least twenty-one years of age, a qualified foreigner can take the exam, MS credited for 1 year Under ARTICLE IV SECTION 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture but Under RA 545 ARTICLE III Sec. 34, corporations cannot register. Corporate practice •Filipino citizens •75% are registered and licensed architects •registered with SEC •individual members are responsible for their individual and collective acts 2. Under RA 9266, can a registered and licensed Architect perform interior design for small projects? Yes, under allied services ; architectural plans/ layouts, designs and specifications (including interior designs, furniture designs, landscape architecture designs, acoustic designs, theater design, etc.) to be prepared only by registered and licensed professionals (RLPs) in accordance with the special laws (PRLs) governing the practice of their respective professions in the Philippines (as applicable). Refer to http://www.architectureboard.ph/uploads/1212358459-vok08may28_BoA-161.pdf 3. Who should be held responsible for damages/accidents at the site? Whoever signed and sealed architect-in-charge of construction 4. What law protects the Architect from the reproduction of copies of the contract? Intellectual Property Code 5. An Architect refuses to give the original plan to the Owner. Why? Architectural work created are subject to copyright protection. It is commonly understood that a copyright prohibits copying the work, such as by putting a document in a photocopier and making copies to use, sell, or otherwise distribute. In other words, the owner of the copyright-protected architectural design documents controls who makes copies of those documents and for what purpose. As a result of this, unauthorized construction of a building based on the unauthorized copying of copyrighted designs may also be an infringing (violation) act. The copyright in an architectural work is usually owned initially by the author or authors of the work namely, the architect and any other the contributors to that work. There are exceptions to cover works of employees, or "works made for hire," but the work of an architect in designing a building for an owner will generally not fall under either of these exceptions. An owner can only acquire the copyright by negotiating a transfer in writing from the copyright holder. 6. What is the composition of PRBoA? What are the main function/s of the Board? Under ARTICLE II SECTION 4. Creation and Composition of the Professional Regulatory Board the PRBoa is composed of a chairman and two (2) members Under SECTION 7. Powers and Functions of the Board , the Board shall exercise the following specific powers, functions and responsibilities: (a) Prescribe and adopt the rules and regulations necessary for carrying out the provisions of the act; (b) Supervise the registration, licensure and practice of architects; (c) Administer oaths in connection with the administration of this Act; (d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the professional Identification Card for the practice of the architecture profession; (e) Adopt an official seal of the Board; (f) Monitor the conditions affecting the practice of architecture and adopt such measures as may be deemed proper for the enhancement and maintenance of high professional, ethical and technical standards of the profession; (g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice; (h) Hear and decide administrative cases involving violations of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, and for this purpose, to issue subpoena ad testifcandum (give evidence as a witness in a law court) and subpoena duces tecum (summon with a subpoena) to secure the appearance of witnesses and the production of documents in connection therewith: (i) Prescribe guidelines for the Continuing Professional Development (CPD) program in consultation with the integrated and accredited professional organization of architects: Provided, That the attendance to said CPD shall not be a mandatory requirement for the renewal of a professional license; (j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by determining and preparing questions which shall be within the scope of the syllabi of the subject for examination as well as administer, correct and release the results of the licensure examinations; (k) Approve, issue, limit or cancel temporary or special permit to practice architecture; (l) In coordination with the CHED, ensure that all higher educational instruction and offerings of architecture comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities; (m) To adopt a program for the full computerization of the licensure examination; and (n) Discharge such other duties and functions as may be deemed necessary for the enhancement of the architecture profession and the upgrading, development and growth of the architecture education. 7. A person found preparing architectural plans without the necessary license is guilty of what? The person shall be guilty of misdemeanour (a minor wrong doing). 8. A group of newly licensed architects and their friends wanted to put-up an architectural firm. How many percentage of the corporation should be owned by the Architects? Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members’ incorporators, directors, executive officers, as the case may be. 9. An architect was tasked to prepare the overall concept of a design project. What is his liability on the project? Explain your answer. None, he has no civil liability. Under the provisions of RA No.9266, the Architect of Record shall assume the civil liability for the plans he has signed and sealed. 10. Who will be liable for seeking and soliciting architectural works by a non-registered person? According to the provisions of Article IV Section 31 Liability of Representatives of Non- Registered Persons, both those represented and the representative, the employer and the employee shall be deemed guilty of violation of this Act. 11. Who is responsible for enforcing the IRR of RA 9266? According to Article V Section 4 Enforcement of the Act, it shall be the primary duty of the Commission and the Board to effectively enforce the provisions of this Act including its rules and regulations 12. How can a foreign citizen be allowed to take the Architect Licensure Examination? Through reciprocity as stated under Article IV Sec. 27 regarding Reciprocity Requirements, a person who is not a citizen of the Philippines at the time he/she applies to take the examination shall be allowed to take the licensure examination if he/she can prove, in the manner provided by the Rules of Court that, by specific provision of law, the country of which he/she is a citizen, subject or national either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after passing an examination on terms of strict and absolute equality with citizens, subjects or nationals of the country concerned, including the unconditional recognition of prerequisite degrees/diplomas issued by the institutions of learning duly recognized for the purpose by the Government of the Philippines. 13. Is charitable act or “pro bono” included as violation in this act? Under Article 3 Section 23 regarding Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit, No, but it may be a violation if an Architect has openly solicited projects by actually undertaking architectural services without a valid service agreement guaranteeing compensation of services to be rendered and/or has actually allowed himself/herself to be exploited by undertaking architectural services without a valid service agreement, both acts being prejudicial to other architects registered and licensed under this Act and inimical to the interests of the profession; 14. Does the IAPOA have the power to file criminal and civil charges against a dishonest Architect? Why? Yes, they may bring before the PRBoA cases of illegal practice or violations of this Act committed by any person or party. SECTION 44. Enforcement of the Act it states that any person may bring before the Commission, Board or the aforementioned officers of the law, cases of illegal practice or violations of this Act committed by any person or party. 15. Why is there a need to renew a Professional Identification Card when registration issued for a professional is for a lifetime? Reissuance or renewal of Professional identification card is a requirement of PRC. It safeguards the practice of architecture. 16. What are the official grounds for the suspension or removal of the Certificate of Registration of an Architect? Under ARTICLE 3 SEC. 23. Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit, the official grounds for the Suspension and removal of the Certificate of an Architect are the following: - Signed and sealed documents not prepared or supervised by him/her - paid extra money to secure certificate - falsely impersonated a practitioner; practiced under fictitious name - aided in the practice of unauthorized persons - Solicited projects by rendering services without agreements 17. If there are two (2) Architects on a certain project with both AoR and Architect in charge of Construction, and when the building project collapses, who is more liable? Can one sue the liable party? It will depend on the result of the investigation. 18. What are the documents to be submitted in applying ALE? BASIC DOCUMENTS - Original and photo/xerox copies of Transcript of Records with Special Order and Date of Graduation with SCANNED PICTURES AND WITH REMARKS “FOR BOARD EXAMINATION PURPOSES ONLY”. Graduates of government schools and institutions/programs accredited by recognized accrediting agencies under the FAAP are exempted from SO . Graduates of New Schools/Degree/Programs must submit School Recognition and/or Permit to Operate. - Original and photo/xerox copy of NSO-issued of Birth Certificate (in NSO security paper; if NSO copy not very clear, bring copy from local civil registrar) - Four (4) passport size colored pictures with complete name tag in white background - Current Community Tax Certificate (Cedula) - Original and photo/xerox copies of NSO-issued Marriage Contract in NSO security paper (for married female only; if NSO copy not very clear, bring copy from local civil registrar) - Two (2) Testimonial or Certificate of Good Moral Character - Accomplished logbook for Diversified Experience for local/overseas experience (certified by mentor-architect for a minimum of 3,840 hours. Scanned copies shall be submitted through email to the Board of Architecture for conditional approval. - Updated PRC ID of mentor, PTR, IAPOA - Affidavit must be signed and sealed by Architect-mentor 19. If a successful candidate in the exam was not able to take his oath before any member of the Board or authorized representative, can he/she still practice the profession? No. Under ARTICLE III SECTION 17. Oath, all successful candidates in the examination shall be required to take an oath of profession before any member of the Board, any government official authorized by the Commission or any person authorized by law to administer oaths, prior to entering upon the practice of the profession. Regarding Foreign Licensure Examination for Architects: "If the PRBoA goes to the oathtaking overseas, any member may administer the oath. Otherwise, the Consul of the Philippine Embassy administers the oath" 20. A plan is drawn by a company draftsman under the supervision of a RLA. Who owns the said document? Why? UNDER ARTICLE IV SECTION 33. Ownership of Plans, Specifications and other Contract Documents. The RLA because persons not registered as an architect shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or functions of function of architectural practice, even though no form of the title "Architect" is used. However, a firm, company, partnership, corporation or association registered or licensed as such for the practice of architecture may own the said document as part of their instrument of service. QUIZ  Question 1 2.5 out of 2.5 points It shall be unlawful for any unregistered person to collect a fee for architectural services except as ______ collecting a fee as representative of a Registered Architect. Answers: a. employee b. family member c. partner d. none of the above  Question 2 2.5 out of 2.5 points To be qualified as having passed the licensure examination for architects, a candidate must obtain a weighted general average of how many percent , with no grade lower than how many percent in any given subject. Answers: a. 70/50 b. 60/50 c. 75/60 d. 60/50  Question 3 2.5 out of 2.5 points What official body formulates rules and regulations relating to signing and sealing of drawings, specifications, and other documents registered by Architects? Answers: a. Board of Architecture b. Professional Regulation Commision c. United Architects of the Philippines d. Integrated and Accredited Professional Organization of Architects  Question 4 2.5 out of 2.5 points Who is the present Chairman of PRBoA? Answers: a. Robert M. Mirafuente b. Angeline T. Chua Chiaco c. Robert S. Sac d. Fidel Jose R. Siapno  Question 5 2.5 out of 2.5 points Under Civil Code, how long is the liability of architect for the regular design of structures Answers: a. 5 years b. 10 years c. 12 years d. 15 years  Question 6 2.5 out of 2.5 points The Architecture Act of 2004 is also known as Answers: a. Republic Act No. 8293 b. Republic Act No. 9266 c. Republic Act No.545 d. Republic Act No.3866  Question 7 0 out of 2.5 points A conduct that is considered contrary to community standards of justice, honesty,or good morals like statutory rape,forgery,fraud, bribery is known as _________. Answers: a. felony b. moral turpitude c. misdemeanor d. immoral marks  Question 8 0 out of 2.5 points It means an architect registered and licensed, who is directly and professionally responsible and liable for the construction supervision of the project. Answers: a. Architect-of -Record b. Architect-in-charge of construction c. Consulting Architect d. Architectural Firm  Question 9 2.5 out of 2.5 points The Main Architectural Documents consists of site development plan, architectural perspectives (exterior, interior §ional) for buildings; architectural floor, ceiling and roof plans for buildings;architectural sections and elevations for buildings; architectural detail designs and drawings; architectural interior plans, designs, etc.; architectural specifications (including schedules of finishes, fixtures & non-engineering equipment or FFE) and architectural ________ . Answers: a. estimate b. foundation plan c. scheme d. all of the above  Question 10 2.5 out of 2.5 points A duly licensed architect shall affix the _____ prescribed by the Board bearing the registrant's name. registration number and title "Architect" on all architectural plans, drawings,specifications and all other contract documents prepared by or under his/her direct supervision. Answers: a. stamp b. seal c. signature d. certificate  Question 11 2.5 out of 2.5 points An Architect is a person professionally and academically qualified,registered and licensed under RA No.9266 with a _________ and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission, Answers: a. Special Temporary Permit b. Roster of Architects c. Registration Number d. Certificate of Registration  Question 12 2.5 out of 2.5 points If a successful examinee was convicted by a lower court of a crime involving moral turpitude and has appealed the case to a higher court, can he/she be refused the issuance of a Certificate of Registration? Answers: a. Yes, the Board has the power to refuse issuance. b. No, since he/she has passed the examination. c. No, since the conviction is not yet final and executory. d. Maybe, depending on the court’s order  Question 13 0 out of 2.5 points Is a partner in an architectural firm liable when an architect-of- record in an architectural firm commits malpractice? Answers: a. No, it is only the Architect-of-Record b. It is up to the courts to decide c. Maybe, if he also signs and seals the documents d. Yes, he will also be liable  Question 14 2.5 out of 2.5 points What offense is committed if a person uses the name of another architect in his practice without the consent of the latter? Answers: a. Illegal practice b. Nothing c. Misrepresentation d. Misdemeanor  Question 15 2.5 out of 2.5 points After an expiration of how many years from the date of revocation and upon application and for reasons deemed proper and sufficient, reinstate the validity of a revoked certificate of registration? Answers: a. 1 b. 2 c. 3 d. 4  Question 16 0 out of 2.5 points After Juan passed the FLEA, who can administer his Professional Oath? Answers: a. The Consul of the Philippines Embassy b. The PRBoA will hold a special Oath taking Ceremony c. Any Registered and Licensed Architect working abroad d. none of the above  Question 17 2.5 out of 2.5 points The architect registered and licensed, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he/she has signed and sealed is known as the Answers: a. Architect -of-record b. Consulting Architect c. Architect-in-charge-of construction d. all of the above  Question 18 2.5 out of 2.5 points Prescribes the guidelines for the Continuing Professional Development(CPD) program. Answers: a. Professional Regulatory Board of Architecture b. Integrated and accredited professional organization of architects c. Consulting Architects d. PRC Commissioner  Question 19 2.5 out of 2.5 points What government entity is responsible in regulating the practice of architecture? Answers: a. DOJ b. UAP - IAPOA c. DTI and SEC d. PRC and PRBoA  Question 20 2.5 out of 2.5 points Who will be liable for seeking and soliciting architectural works by a non-registered person? Answers: a. the employer and the employee b. both the represented and the representative c. all of the above d. none of the above  Question 21 0 out of 2.5 points The licensure examination for architects shall cover, but are not limited to, the following subjects:(1) History and Theory of Architecture; Principles of Planning and ____________________; (2) Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities;(3) Urban Design and Architectural Interiors; and (4) ________________ and Site Planning. Answers: a. Professional Practice and Design b. Tropical Design and Building Design c. Facility Management and Tropical Design d. Architectural Practice and Architectural Design  Question 22 2.5 out of 2.5 points What is the meaning of the acronym IAPOA? Answers: a. Integrated Association for Professional Organization of Architects b. Integrated and Accredited and Philippine Organization of Architects c. Integrated and Accredited Professional Organization of Architects d. Internationally Accredited Professional Organization of Architects  Question 23 0 out of 2.5 points In case of death of the Architect-on-Record, who can give official provisions to reproduce his/her plans? Answers: a. Co-owner of the architectural company b. nobody c. PRC d. the Court  Question 24 2.5 out of 2.5 points Which condition does not correctly satisfy an architectural partnership? Answers: a. Partners are registered architects and engineers b. A contractor and a lawyer c. All partners are registered architects d. An architect and a businessman  Question 25 0 out of 2.5 points How can a foreign citizen be allowed to take the Architect Licensure Examination? Answers: a. separation b. recognition c. reciprocity d. submit Logbook of Diversified Experience  Question 26 0 out of 2.5 points What code holds the Architect responsible for the buildings/structures he/she designed for a certain period of time? Answers: a. Architect’s National Code of Ethics b. Civil Code of the Philippines c. Philippine Constitution d. National Building Code  Question 27 2.5 out of 2.5 points UAP Document No. 210 is also known as Answers: a. The PRC Modernization Act of 2000 b. Logbookof Diversified Experience in Architecture c. Code on Sanitation of the Philippines d. National Building Code of the Philippines  Question 28 0 out of 2.5 points Members of the Professional Regulatory Board shall hold office for a term of how many years after appointment or until their successors shall have been appointed and duly qualified? Answers: a. 1 year b. 2 years c. 3 years d. 4 years  Question 29 2.5 out of 2.5 points It is a duly notarized written contract or equivalent public instrument stipulating the scope of services and guaranteeing compensation of such services to be rendered by an architect registered and licensed. Answers: a. tools of service b. certificate of registration c. service agreement d. authorship  Question 30 0 out of 2.5 points Defined as an architect, registered and licensed or permitted to practice , who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture. Answers: a. Architect-of-Record b. Architect-in-charge of construction c. Consulting Architect d. all of the above  Question 31 2.5 out of 2.5 points It is a criminal offense lower than felony and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary. Answers: a. infraction b. misdemeanor c. guilty act d. none of the above  Question 32 2.5 out of 2.5 points Under Article III of RA 9266, it requires that candidate for licensure examination in architecture must have a specific record of at least __________ hours of diversified architectural experience duly certified by a registered/licensed architect. Answers: a. 5,840 b. 4,840 c. 3,940 d. 3,840  Question 33 0 out of 2.5 points The Professional Regular Commission' s powers include all except which of these: Answers: a. Supervise practicing foreigners b. Act on violation of rules c. Regulate use of business names d. Prescribe academic requisites  Question 34 2.5 out of 2.5 points The duly accredited IAPOA (Integrated and Accredited Professional Organization of Architects) by the PRC. Answers: a. Integrated Architects of the Philippines b. Association of Architects in the Philippines c. Philippine Institute of Architects d. United Architects of the Philippines  Question 35 0 out of 2.5 points The existing official national organization of all architects of the Philippines all registered Filipino architects shall be members without prejudice to membership in other voluntary professional associations Answers: a. Integrated and Accredited Professional Organization b. Philippine Board of Architecture c. Internationally Accredited Professional Organization of Architects d. Professional Regulatory Board  Question 36 2.5 out of 2.5 points An Architect refuses to give the original plan to the Owner. Why? Answers: a. the owner is entitled only to the blueprint copies b. the Architect’s work is covered by intellectual property rights/law c. In order to prevent the Owner from making duplicates and/or constructing without his knowledge d. all of the above  Question 37 2.5 out of 2.5 points A firm, company, corporation, or association may be registered or licensed as such for practice. Registered and licensed architects shall composed of at least ____ % of the owners, shareholders, members, incorporators, directors, executives, offices. Answers: a. 50 b. 60 c. 75 d. 80  Question 38 0 out of 2.5 points Juan has been working in an architectural firm at Saudi Arabia for almost 15 years but he feels incomplete since he was not able to take the licensure examination when he was still in the Philippines. He heard that the PRBoA is going to conduct FLEA at Jeddah. He asks his family to send his Transcript of Records, Birth Certificate and Diploma. What else does he need to be able to take the FLEA? Answers: a. Certificate of Related Work Experience from his company signed by the employer b. Recommendation Letter from the Consulate c. Diversified Training Logbook signed and sealed by a Filipino RLA d. none is correct  Question 39 0 out of 2.5 points Any person who shall entice or coerce an architect to perform/undertake any service under the general practice of architecture shall upon conviction be sentenced to a fine of not less than _____ pesos or suffer imprisonment for a period of not exceeding _____ year(s) ,or both,at the discretion of the Court. Answers: a. 250,000/2 b. 200,000/2 c. 200,000/6 d. 500,000/6  Question 40 0 out of 2.5 points What is the difference between RA 545 and RA 9266 in terms of architectural practice? Answers: a. structural conceptualization b. authorship of documents c. corporate practice d. two years diversified experience Pasted from <https://mcl.blackboard.com/webapps/assessment/review/review.jsp?attempt_id=_2406713_1&course_id=_9633_1&con tent_id=_170124_1&return_content=1&step=>
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