Title

Definition of Terms

Board of Landscape Architecture

Examination, Registration and License

Practice of Landscape Architecture

Final Provisions

Title. -This Act shall be known as the "Philippine Landscape Architecture Act of 2000."

Definition of Terms. - (a) "Scope of the Practice of Landscape Architecture" refers to the act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement, changing and development of natural scenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the softscape of plants such as gardens, sports fields, playgrounds, recreational grounds, camping sites, resorts, national and public parks, historical parks, squares, memorial parks, subdivisions, parks and parkways, zoological and botanical gardens, greenbelts, cemeteries, plazas, patios, yards, outdoor shopping and pedestrian malls, promenades, sidewalks, roads and walkway systems, traffic islands, easements and circles, roof and open interior gardens and courts, and other open spaces; the protection, conservation and rehabilitation of the natural environment and scenery to enhance the ecological system and quality of life, such as, but not limited to:

Creation and Composition of a Board of Landscape Architecture. - There is hereby created a Board of Landscape Architecture, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members to be appointed by the President of the Philippines from a list forwarded by the Commission. Such a list shall have five (5) nominees for each position, chosen, ranked in the order of preference and submitted by the integrated and duly accredited national association of Landscape Architects in the Philippines. The Board shall be organized not later than six (6) months from the effectivity of this Act.

Qualifications of Members of the Board. - A member of the Board shall, at the time of appointment, possess the following qualifications:

Term of Office. - The members of the Board shall hold office for a term of three (3) years after their appointment or until their successors shall have been appointed and qualified. Each member of the Board may be re-appointed for one full term of three (3) years. Of the members of the Board first appointed under this Act, one (1) member shall be appointed and hold office as Chairperson for three (3) years, one (1) member for two (2) years and one (1) member for one (1) year. Each member of the Board shall qualify by taking the proper oath prior to the performance of his/her duties.

Compensation of the Board Members. - The Chairperson and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards with the Commission in accordance with the "PRC Modernization Act of 2000."

Vacancy and Removal of Board Member. - Any vacancy occurring in the membership of the term of a member shall be filled for the unexplored portion of the term only. The President, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself in a proper administrative investigation to be conducted by the Commission, may remove any member of the Board on the following grounds:

Powers and Duties of the Board. - The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval of the Commission. However, the Board's decisions, resolutions or orders rendered in administrative cases which are not interlocutory shall be subject to review only if on appeal. The Board shall exercise the following specific powers, functions, duties and responsibilities:

Administrative Supervision of the Board, Custodian of its Records. Secretariat and Support Services. - The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the secretary of the Board and shall provide th

Implementing Rules and Regulations. - Within ninety (90) days from the approval of this Act, the Board, with the approval of the Commission, shall adopt and promulgate such rules and regulations to carry out the provisions of this Act which shall be effective fifteen (15) days following its publication in the Official Gazette or in two (2) major daily newspapers of general circulation, whichever comes earlier.

Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines through the Commission, giving a detailed account of its proceedings and accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of Landscape Architecture in the Philippines.

Examination Required. - Except as otherwise specifically allowed in this Act, all applicants for registration for the practice of Landscape Architecture shall be required to undergo and pass a written technical examination as provided for in this Act subject to the payments of fees prescribed by the Commission.

Qualifications of Applicant for Examination. - Every applicant for examination shall, prior to admission, establish the following requisites to the satisfaction of the Board:

Qualifications of Applicant for Examination. - Every applicant for examination shall, prior to admission, establish the following requisites to the satisfaction of the Board:

Rating in the Board Examinations. - To be qualified as having passed the Board examination for Landscape Architects, a candidate must obtain a weighted general average of seventy percent (70%), with no grades lower than sixty percent (60%) in any given subject. However, an examinee who obtains a weighted general average rating of seventy percent (70%) or higher but obtains a rating below sixty percent (60%) in any given subject or subjects must take the examination in the subject or subjects where the examinee obtained a grade below sixty percent (60%) within two (2) years from the date of his/her last examination: Provided, That if the examinee still fails to pass the subject after two (2) attempts, the examinee must take the entire Board examinations again: Provided, further, That, if in the removal examination, the examinee gets a much lower grade such that if the general weighted average is recomputed, it becomes lower than the required seventy percent (70%), the examinee must take the entire Board examinations again. The subject or subjects retaken must have each a rating of no less than seventy percent (70%) in order to qualify as having passed the examination.

Report of Ratings. - The Board shall submit to the Commission the ratings obtained by each candidate within fifteen (15) days after the examination, unless extended for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination.

Oath. - All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths, prior to the practice of the Landscape Architecture profession.

Certificate of Registration/Professional License. - A certificate of registration/professional license shall be issued to applicants who pass the examination for Landscape Architects subject to payment of registration fees. The certificate of registration of Landscape Architects shall bear the signatures of the Chairperson of the Commission, the Chairperson and members of the Board stamped with the official seal, indicating that the person named therein is entitled to practice the profession with all the privileges allowed under this Act. The certificate shall remain in full force unless withdrawn, suspended or revoked under the provisions of this Act.

Seal and Use of Seal. - A duly licensed Landscape Architect shall affix the seal approved by the Board on all plans, drawing, specifications and all other contract documents prepared by or under his/her direct supervision.

Indication of Registration and Professional Tax Receipt Number - The Landscape Architect shall be required to indicate his/her registration number, the professional tax receipt number on the documents signed, used or issued in connection with the practice of his/her profession.

Refusal to Issue Certificates of Registration/Professional License. - The Board shall refuse to register and/or issue a certificate of registration/professional license to any person who has been convicted by final judgment of a court of competent jurisdiction of any criminal offense involving moral turpitude, guilty of immoral or dishonorable conduct or judicially declared of unsound mind. It shall issue a written statement setting forth in detail the reasons for such action, a copy of which shall be incorporated in the records of the Board. A party whose rights are adversely affected by such action of the Board may apply for relief with the Court of Appeals after having exhausted administrative remedies.

Suspension and Revocation of Certificate of Registration/Professional License and Cancellation of Temporary/Special Permit. - The Board shall have the power, upon due notice and hearing, to revoke or suspend the certificate of registration/professional license of a Landscape Architect, or to cancel a temporary/special permit for any cause specified in the preceding sections, or for the use or perpetration of any fraud or deceit in obtaining a certificate of registration/professional license, or for incompetence, negligence or gross ignorance or for abatement of the illegal practice of Landscape Architecture, or chronic inebriety or habitual use of drugs violation of the provisions of this Act, its implementing rules and regulations and/or in violation of policies of the Board including the Code of Ethics for Landscape Architects: Provided, however, That such action of the Board shall be subject to appeal to the Commission whose decision shall be final but without prejudice to the right of the aggrieved party to apply with the Court of Appeals for appropriate relief.

Reissuance of Revoked/Suspended Certificate/License. - The Board may, after the expiry of two (2) years from the date of revocation or suspension of a certificate of registration/professional license, for reason of equity and justice or when the cause for revocation/suspension has disappeared or and for other reasons it may deem sufficient, entertain an application for a new certificate of registration/professional license from a person whose certificate/license has been revoked or suspended. In doing so, it may in its discretion, exempt the applicant from the necessity of undergoing an examination. It may also replace certificate of registration/professional license which has been lost after payment of the required fees.

Vested Rights: Automatic Registration of Landscape Architects. - All Landscape Architects who are registered at the time this Act takes effect shall automatically be registered.

Registration Without Examination. - Any of the following persons may register as Landscape Architects without examinations:

Partnerships, Associations and Corporations Allowed to Practice. - The practice of Landscape Architecture is a professional service, admission to which is based on an individual's qualifications. Persons properly registered/licensed as Landscape Architects may among themselves, or with persons properly registered/licensed in any field related to Landscape Architecture such as town/urban planning, civil engineering, architecture and interior design, forestry and other fields of specialization, form and obtain registration with the Securities and Exchange Commission (SEC) for a partnership, association, or corporation using the terms such as 'Landscape Architects', 'Landscape Architects and Planners', 'Architects and Landscape Architects' or any such appropriate term: Provided, That eighty percent (80%) of the members of the partnership, association or corporation are persons properly registered/licensed as Landscape Architects: Provided, further, That only duly registered/Iicensed design professional and the members who are Landscape Architects shall render work and services proper for a Landscape Architect as defined in this Act. Such partnerships, associations or corporations shall serve as vehicles for licensed professionals to practice their professions upon submission of their SEC registration documents to the Board.

Professional Responsibility. - The individual partners, stockholders or members shall be personally and jointly responsible and liable to the partnership, association or corporation for their respective acts in the practice of their respective professions. The partnership, association or corporation shall be responsible and liable for all other contractual obligations of the partnership, association or corporation. The managing partner of the partnership or the president of the corporation, or their authorized representatives, shall be authorized to enter into contracts for such services. However, only a partner or stockholder who is a registered/licensed professional in a particular profession shall be responsible for and sign plans and documents involving the practice of his/her profession.

Integration of the Landscape Architecture Profession. - The Landscape Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board subject to the approval by the Commission as the one and only integrated and accredited association of Landscape Architects. A Landscape Architect duly registered with the Board shall automatically become a member of the integrated national organization and shall receive the benefits and privileges provided for in this Act upon payment of the requirement fees and dues. Membership in the integrated organization shall not be a bar to membership in other associations of Landscape Architects.

Foreign Reciprocity. - No foreign Landscape Architect shall be registered and issued a certificate of registration/professional license to practice the Landscape Architecture profession or consultancy thereof or be entitled to any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen specifically permits Filipino Landscape Architects to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country.

Coverage of Temporary/Special Permits. - Foreign nationals who have gained entry in the Philippines to perform professional services as Landscape Architects or consultants in foreign-funded joint venture or assisted projects of the government, or employed or engaged by Philippine or foreign contractors or private firms shall, before assuming his duties, functions and responsibilities, secure a special/temporary permit from the Board, subject to the approval by the Commission, and the Department of Labor and Employment (DOLE) to practice his/her profession in connection with the project to which he/she was commissioned, provided that certain conditions are satisfied as follows:

Appropriations. - Such sums as may be necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

Enforcement. - The Commission shall be the enforcement agency of the Board. As such, the Commission shall implement the concerned provisions of this Act, enforce its implementing rules and regulations as adopted by the Board, conduct investigations for the Board on complaints against violators of this Act, its rules and regulations including violations of the Code of Ethics, Code of Technical Standards for Landscape Architecture and other policies of the Board.

Illegal Practice of Landscape Architecture and Penalties. - No person shall practice Landscape Architecture in the Philippines or use the title 'Landscape Architect' or words, letters, figures, signs and cards or other means to indicate in any manner whatsoever that he/she is qualified to perform the work of a Landscape Architect by the use of titles such as 'Landscape Consultant', 'Landscape Designer,' 'Landscape Engineer', 'Landscape Artist', 'Landscape Agriculturist', 'Landscape Horticulturist', 'Landscape Planner', 'Land Planner', 'Site Planner' or similar terms that suggest the work of a Landscape Architect, unless the professional has been issued a certificate of registration/professional license or a temporary/special permit by the Board and the Commission.

Separability Clause. - If any clause, provision, paragraph or part thereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof, but such judgment shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.

Repealing Cause - All laws, decrees, executive orders and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

Effectivity. -This Act shall take effect fifteen (15) days following its publication in the Official Gazette or a major daily newspaper of general circulation in the Philippines, whichever comes earlier.

How many nominees in each position for BOLA?

The Chairperson and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards with the Commission in accordance with

Within ____ days from the approval of this Act, the Board, with the approval of the Commission, shall adopt and promulgate such rules and regulations to carry out the provisions of this Act

a graduate of a baccalaureate degree in Architecture from an academic institution having at least ____ units of Landscape Architecture design courses or with at least ____ years experience in the field of Landscape Architecture

or a graduate of a baccalaureate degree in Horticulture from an academic institution having at least ____ units of Landscape Architecture design subjects or at least ___ years experience in the field of Landscape Architecture

The penalties for the mentioned illegal practices shall be a fine of not less than ______, nor more than ______ or imprisonment of not less than ___ months nor more than ___ years, or both fine and imprisonment at the discretion of the court

When is the RA 9053 approved?