The local Architecture Law, otherwise known as Republic Act 9266, has finally been effected last May by the local court arbitrating between the Philippine Institute of Civil Engineers (PICE) and the United Architects of the Philippines (UAP). With much controversy and noise, we architects finally got what we wanted since 2004. Six years. Don’t we just love due process?
Controversy and noise, the undeniable bed fellows of this law, range from the grave to the unbelievably ludicrous. The architects’ row with the civil engineers span almost a decade as the former fight to keep the latter away from their projects – the elusive goose that lays the golden eggs. Historically, immediately after the war, architects gamely shared the pie to the civil engineers to expedite the duty of nation rebuilding.
For 60 years, we generously allowed architectural projects to be accessed by the civil engineers, and now we want it back. The fight is nowhere near quick and painless to say the least. RA 9266 was supposed to seal the fate of civil engineers posing as savvy designers when it was filed in Congress more than half a decade ago. Now, no less than the Secretary of Public Works and Highways, and presidential candidate Hermogenes Ebdane hoisted the flag for the engineers when he recently signed DPWH Memorandum 02 in September 2009 ordering status quo: the pre-RA 9266 state of affairs. This directly contradicts the court ruling that upholds the Architecture Law last May. The issue is now with the Court of Appeals.
The gravity of the issue is worth loosing sleep over because it is landmark in its implications. Upon successful implementation, 9266 will clearly define jurisdictions and liabilities between architects and civil engineers. It will also embolden the interior designers to turn on their architect friends and claim what is rightfully theirs: the design of the built-environment within the architectural shell. When all of these this are brought to my serious contemplation, I’d rather have the alignment of the planets than the alignment of the design professions in this country. It’s just so dirty.
The grave, though, has it’s counterpart entertainment. Last October 2008, the PRC Board of Architecture issued a communication to the Inquirer in essence reprimanding them for using the word “architect” to refer to Joc Joc Bolante. If we can sourly recall, he figured in the alleged mishandling of millions in the fertilizer scam. PDI ran a story about it which, in verbatim, referred to Bolante as: “…the purported architect of the P728-million fertilizer fund scam…”. The Architecture Board did not take a liking to this as the word association “architect – bolante” is “potentially” ruinous and has dishonoring effect on the “countless men and women who lawfully practice the profession.”. The communication to PDI was obviously hinged on impeccable reference, more particularly RA 9266.
Without any offense to the board chairman, Armando Alli, the issue I feel is humorous as it is so trivial. The word association focused on the concept of “masterminding” or “master planning” rather than the secondary association to corruption. The readers are surely more intelligent than that. We might as well invite the doctors to howl in protest over the worldwide use of “doctoring” in defrauding a document if that were the case.
Right in the middle of the grave and the funny, is this very divisive issue of who is lawful to practice or not. Dragged happily or otherwise into this issue is Ed Calma, Felino Palafox and Budji Layug, to name a few. Ed Calma is embroiled in official and unofficial discourses about his legality to practise architecture. Palafox has openly denounced the flaw of the law in prohibiting the entry of foreign designers. Layug will be looked into for violations of the law for claiming credit in the design of architectural projects. Notice all three run successful and equally popular practices. The legitimacy of their counter claims stem from either association to a corporation, a licensed partner or by sheer breadth of his portfolio worldwide.
There is something in this law that makes our respected designers, and even more respected architecture board react and behave in such manner. I have two issues about it.
There seems to be a disconnection between the field and the high pedestals of our commissioners who enforce the law. It bothers me that the enforcement of it has somewhat been reduced to semantics rather than essence. Lawyers will tell you that the law is more than the sum of its parts.
If you will refer to the volume 02 issue of BluPrint magazine, Ed Calma made scathing remarks about the Architecture Law, which Alli has replied in defense. The reply letter was published in the following issue. In this recent “argument” between Alli and Calma, the latter was pilloried by the former for mocking the law. This was right after Calma was awarded his license. What is more distressing is the way that Alli retorted in his capacity as acting chairman then of the Architecture Board. He managed to reduce an otherwise potentially intelligent public debate into a kid’s fight by slugging it out on trivial semantics than essence itself.
I invite you to revisit the article and you will discover that Gerard Torres, the interviewer, and Calma were simply talking light of the matter. And the matter is the essence of the law itself. Think of it as a conversation over tea between intelligent and matured men. Alli, in his reply to Calma, decided to fight to the level of definitions and not of essence. He even went as bad as to mock Calma’s definition of international practise:
“The term “all over” should probably be qualified to mean more than just 2 European countries, if the intention is to project an international portfolio of architectural works.” – A. Alli
Given Calma’s reputation of artistic arrogance largely licensed by his exceptional talent, Alli should have taken the higher ground and took the side of propriety. A sophisticated elaboration of the essence of the law was in order from him rather than a point-by-point lecture on definitions. A good discussion on why corporate practise of architecture is not supported by the current law and reasons should have been given to support it. His juvenile comment on Calma’s term “all over” did not help his cause at all. This is the text of Calma’s statement to project a large practice that earned the comment from Alli:
“Our work is all over. Monaco, Austria… …so its all about collaborating with a local architect in place.” – E. Calma
My “architect - bolante” issue above further reinforces this point. Continuing at this level of debate sends the wrong message to both our practitioners and aspirants. And the message that it reinforces is that the law remains to be an irrelevant relic of the post war era. The law, with its attendant screening exam is a hurdle that everyone just needs to overcome but neither spells your expertise nor your potential: a bureaucratic red tape. This is public perception.
By the lead of the board, engaging the architecture community in an intelligent debate at large, however, brings the law to the ground. It informs, at the same time, refines it in its continued discussion. The essence of it is democratically filtered through the opinions of the practicing community. And all of this shall be in the light of the controversial issue of Calma and all others who will follow.
Palafox completely summarizes my second point. In his interview for the PDI with Alex Vergara way back in August 2007:
“Discouraging the entry of qualified outsiders, (Palafox) reasoned, only makes their services more covetable. Allowing them to practice more freely in the country would demystify their reputations since they’re likely to become as common as the underrated Filipino architect next door.” -Alex Vergara
Letting the foreigners in with regulation brings about technology transfer. I would much rather have them here than us making an exodus to the Middle East and China to earn a living and acquire their technology.
Insisting to categorise the foreigners as contraband professionals will only make them more enticing to the Filipino developers. They all the more become rare and exciting.
Regard this excerpt from RA 9266. It is one of the four qualifiers for a foreign architect to practise locally:
“[That] he/she is legally qualified to practice architecture in his/her own country, and that his/her expertise is necessary and advantageous to our country particularly in the aspects of technology transfer and specialization” – Section 38, RA 9266
Who determines this rather subjective requirement of necessity and benefit to the country will be no other than the same body who is mandated to protect the enterprise of the Filipino architect. It’s like giving yummy donuts to a three-year-old for safe keeping. Among the four conditions, to this was attached an almost immeasurable criteria, while the other three were empirical. I say let the boys play and get bruised by the bullies. We would be delusional to even think that legislation wields more power over the market forces.
Again, the essence of our practice in general should be looked into and redefined. If we think we are as good as the foreigners, then let us compete fairly. Remove the “partida” and slug it out. If the market thinks we are not worthy of their business, then that is our problem, not the foreigners’.
When the APEC accord comes to full fruition on 2020, we will all be fair game. All the flood gates will be opened and whether we are a Locsin or an insignificant speck in the galaxy of our local practise, we will be eaten up by the deluge within the bigger universe of global architecture if we don’t shape up.
The law is the law, however. We need it to put our lives in order. Before our debate with the PICE reaches the Supreme Court, let us revisit and open the floor to more liberal discussion. By then, when all is completely legitimate and uncontested, we are ready with an amendment to promote more harmony within our ranks this time.
(Hong Kong) Almost two weeks ago, our ever hard-working president Arch. Willie Chua encouraged me to write an article for the president’s newsletter. Upon my inquiry on what ten tips would this be about, he said it would be about anything. Anything? Yes, anything I wanted to write about. Architecture, I would suppose. I, naturally got excited as it is not everyday that you get to write about ten tips on anything about architecture.