HOUSE OF REPRESENT ATHESS

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES 30 WH
Quezon City, Metro Manila DATE: 2016
si TH CONGRESS rwe_Lorep
EVENTEEN RE! EE
1st Regular Session ey: (Pug
House Bill No, 23 REGISTRATION UNIT

ERVICE

BILLS AND INDEX

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

As professionals, architects have a primary duty of care to the communities
they serve. Members of the architectural profession are dedicated to standards of
professionalism, integrity, and competence, and thereby bring to society unique
skills and aptitudes essential to the sustainable development of the built environment
and the welfare of their societies and cultures. Principles of professionalism are
established in legislation, as well as in codes of ethics and regulations defining
professional conduct.

Given the public interest in a quality, sustainable built environment and the
dangers and consequences associated with the development of that environment, it
is important architectural services are provided by properly qualified professionals
for the adequate protection of the public.

The passage of Republic Act No. 9266 (‘R.A. 9266"), otherwise known as
the Architecture Act of 2004, is a significant step in protecting and assuring the public
that only Architects can offer and provide architectural services.

This bill seeks to strengthen the practice of the architecture profession in the
country by amending specific provisions of R.A. No. 9266, the Architecture Act of
2004 and harmonizing it with other laws. This may be accomplished by including
specific architectural terms that will distinguish the practice of architecture from other
professions as well as require that architectural designs, plans and documents
prepared exclusively and signed by an Architect are required before any building
permit may be issued

For the foregoing reasons, the approval of this bill is earnestly sought

Z
‘-ANCIS GERALD AGUIN, ABAYA

Representative, FifstDistrict, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 23

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT STRENGTHENING THE ARCHITECTURE PROFESSION, AMENDING FOR
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED NINE
THOUSAND TWO HUNDRED SIXTY-SIX (R.A. No, 9266), OTHERWISE KNOWN AS:
THE “ARCHITECTURE ACT OF 2004”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 2 of Republic Act 9211, otherwise known as the Tobacco
Regulation Act of 2003, is hereby amended to read as follows:

SECTION 2. Policy.—it is the policy of the State to protect the populace
from hazardous products and promote the right to health and instil health
consciousness among them. [itis-also-the-policy-of the State,-consistent
wth the-Conetituionalidealto-promote the generatwolfare, to safeguard

industey-] For these purposes, the government shall institute a balanced]
policy whereby the use, sale and advertisements of tobacco products
shall be regulated in order to promote a healthful environment and protect
the citizens from the hazards of tobacco smokef,
ensure—that-the-interests-ot_tobacco_farmers,_growers,_workers—and
stakeholders-are not-adversely compromised].

SECTION 2. Section 4 of the same Act is hereby amended by inserting new
paragraphs to read as follows and the same are hereby renumbered accordingly.

“Section 4. Definition of Terms - As used in this Act:
XXX
(V) “TOBACCO INDUSTRY” - REFERS TO ORGANIZATIONS,

ENTITIES, ASSOCIATIONS, AND INDIVIDUALS THAT WORK FOR
AND IN BEHALF OF THE TOBACCO INDUSTRY, SUCH AS BUT NOT


1 LIMITED TO TOBACCO MANUFACTURERS, WHOLESALE
2 DISTRIBUTORS, IMPORTERS OF TOBACCO PRODUCTS, TOBACCO
3 RETAILERS, FRONT GROUPS AND/OR ORGANIZATIONS,
4 INCLUDING BUT NOT LIMITED TO LAWYERS, SCIENTISTS AND.
5 LOBBYISTS WHO WORK TO FURTHER THE INTERESTS OF THE
6 TOBACCO INDUSTRY; AND

7

8

(W) “UNECESSARY INTERACTIONS” - REFERS TO ALL

9 INTERACTIONS WITH THE TOBACCO INDUSTRY THAT IS NOT
10 STRICTLY NECESSARY FOR THE LATTER'S EFFECTIVE
ul REGULATION, SUPERVISION AND CONTROL.”

12

13 SECTION 3. Section 29 of the same Act is hereby further amended to delete sub-
14 paragraph h. to read as follows:

15

16 SECTION 28. Implementing Agency. — An Inter-Agency Committee—
7 Tobacco CONTROL (IAC-Tobacco CONTROL), which shall have the
18 exclusive power and function to administer and implement the provisions of
19 this Act, is hereby created. The |AC-Tobacco CONTROL shall be chaired
20 by the Secretary of the [Department—of Trade—and—ndustry{D7H]
21 DEPARTMENT OF HEALTH (DOH) with the Secretary of the [Deparment
22 of -Heaith_{DOH)] DEPARTMENT OF EDUCATION (DEPED) as Vice
23 Chairperson. The IAC-Tobacco CONTROL shall have the following as
24 members:

25 a. Secretary of the Department of Agriculture (DA);

26

27 b. Secretary of the Department of Justice (DOJ);

28

29 c. Secretary of the Department of Finance (DOF);

30

31 d. Secretary of the Department of Environment and Natural Resources
32 (DENR);

33

34 e. Secretary of the Department of Science and Technology (DOST);
35

36 f, Secretary of the [Department-of Education (DepEd)] DEPARTMENT
37 OF TRADE AND INDUSTRY (DTI); AND;

38

39 [g-Administrator-of the national Fobacco-Administration (NTA):]

40

41 [h-A representative fromthe Tobacco Industry to-be-no

42 legitimate-and.recognized-associations of the industry-and]

43

44 [H] G. ONE (1) representative EACH from [a] AT LEAST THREE (3)
45 nongovernment organizations (NGOS) involved in public health
46 promotion, WITHOUT ECONOMIC AND/OR FIDUCIARY TIES TO THE
47 TOBACCO INDUSTRY, OR DO NOT KNOWINGLY REPRESENT OR
48 RECEIVE PAYMENT FROM ANY TOBACCO PRODUCT

49 MANUFACTURER OR WHOLESALER, OR ANY PARENT, AFFILIATE


Carnrdsuaene

OR SUBSIDIARY OF A TOBACCO PRODUCT MANUFACTURER OR
WHOLESALER, OR ANY PERSON, INTEREST GROUP, ADVOCACY
ORGANIZATION, LAW FIRM, ADVERTISING AGENCY, OR OTHER
BUSINESS OR ORGANIZATION THAT REPRESENTS THE
INTERESTS OF THE TOBACCO INDUSTRY, nominated by DOH in
consultation with the concerned NGOs.”

THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO THE
IAC-TOBACCO CONTROL; PROVIDED, SAID PERMANENT
REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN
ASSISTANT SECRETARY.

THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO THE
1AC-TOBACCO CONTROL; PROVIDED, SAID PERMANENT
REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN
ASSISTANT SECRETARY.

IN ORDER TO FACILITATE COORDINATION AMONG MEMBERS OF
THE IAC-TOBACCO CONTROL, THE DEPARTMENT OF HEALTH AS
THE LEAD AGENCY SHALL PROVIDE THE SECRETARIAT. THE
SECRETARIAT SHALL ACT AS THE COORDINATING BODY OF THE
IAC-TOBACCO CONTROL AND SHALL PROVIDE THE FOLLOWING
FUNCTIONS SUCH AS, BUT NOT LIMITED TO, SETTING OF
MEETINGS, MANAGING OF IMPORTANT LOGISTICS AND
CIRCULATION OF INFORMATION AND DOCUMENTS AMONG
MEMBERS.

SECTION 4. A new provision is hereby inserted to be denominated as Section 29-
A to read as follows:

SECTION 29-A. PROTECTION OF THE IAC-T FROM TOBACCO
INDUSTRY INTERFERENCE. -ALL MEMBERS OF THE IAC-T ARE
PROHIBITED FROM INTERACTING WITH THE TOBACCO INDUSTRY,
EXCEPT WHEN STRICTLY NECESSARY FOR ITS EFFECTIVE
REGULATION, SUPERVISION AND CONTROL. ANY NECESSARY
INTERACTION MUST BE CONDUCTED PUBLICLY AND
TRANSPARENTLY, AND EFFORTS MUST BE TAKEN TO PREVENT OR
CORRECT ANY PERCEPTION OF PARTNERSHIP WITH THE
TOBACCO INDUSTRY.

ALL MEMBERS OF THE IAC-T ARE STRICTLY PROHIBITED FROM
ACCORDING PREFERENTIAL TREATMENT TO THE TOBACCO
INDUSTRY; SOLICITING OR ACCEPTING ANY GIFT, GRATUITY,
FAVOR, ENTERTAINMENT OR ANYTHING OF MONETARY VALUE
FROM THE TOBACCO INDUSTRY; FAILING TO DISCLOSE,
RETAINING, AND/OR ACQUIRING ANY FINANCIAL OR MATERIAL
INTEREST IN, OR OTHER POTENTIAL SOURCE OF CONFLICT OF


INTEREST WITH THE TOBACCO INDUSTRY; AND ACCEPTING
ANALOGOUS FAVORS FROM THE TOBACCO INDUSTRY.

SECTION 6. Section 31 of the same Act is hereby further amended to read as
follows:

SECTION 31. Compliance Monitoring —Not later than one (1) year after
the date of the effectivity of this Act, and annually thereafter, the IAC-
Tobacco CONTROL shall submit to the President of the Philippines and to
both Houses of Congress a Compliance Monitoring Report on the
compliance of the manufacturers on all applicable laws and ordinances with
respect to the manufacture and distribution of tobacco products.

The report shall contain pertinent information on the methods, goals and
implementation program of said manufacturers with respect to the
requirements of this Act

A SEPARATE REPORT SHALL BE SUBMITTED BY THE MEMBERS OF
THE IAC-TOBACCO CONTROL ENUMERATING THE MEASURES
ESTABLISHED TO LIMIT INTERACTIONS WITH THE TOBACCO
INDUSTRY AND ENSURE THE TRANSPARENCY OF THOSE
INTERACTIONS THAT OCCUR, AS WELL AS POLICIES
IMPLEMENTED TO PROTECT THEIR AGENCIES FROM TOBACCO
INDUSTRY INTERFERENCE.

SECTION 6. Section 32 of the same Act is hereby further amended by inserting a
new paragraph to read as follows:

“SECTION 32, Penalties. —The following penalties shall apply:
XXX

D. VIOLATION OF SECTIONS 29-A. - IF THE OFFENDER IS A PUBLIC
OFFICIAL, HE SHALL BE SUBJECT TO ADMINISTRATIVE
DISCIPLINARY ACTION PURSUANT TO RULE XIV (DISCIPLINE) OF
THE OMNIBUS RULES IMPLEMENTING BOOK V OF EO 292, AS MAY
BE AMENDED, MODIFIED, CHANGED, ADDED TO, DELETED FROM,
OR SUPERSEDED BY THE ENACTMENT OF ANY NEW LAW, WITHOUT
PREJUDICE TO THE CRIMINAL AND/OR CIVIL ACTIONS UNDER
EXISTING LAWS, RULES, AND REGULATIONS.

SECTION 7. A new provision is hereby inserted to be denominated as Section 36-
A to read as follows:

SECTION 36-A. CITIZEN SUITS. - FOR PURPOSES OF ENFORCING
THE PROVISIONS OF THIS ACT OR ITS IMPLEMENTING RULES AND
REGULATIONS, ANY CITIZEN MAY FILE AN APPROPRIATE CIVIL,
CRIMINAL OR ADMINISTRATIVE ACTION IN THE PROPER COURTS
OR ADMINISTRATIVE BODY AGAINST ANY PUBLIC OFFICER WHO
WILLFULLY OR GROSSLY NEGLECTS THE PERFORMANCE OF AN


Sowmu auaevn~

26

29

ACT SPECIFICALLY ENJOINED AS A DUTY BY THIS ACT, ITS
IMPLEMENTING RULES AND REGULATIONS, INCLUDING THE
TEMPLATE, GUIDELINES, OR OTHER REGULATIONS; OR ABUSES
HIS AUTHORITY IN THE PERFORMANCE OF HIS DUTY; OR, IN ANY
MANNER, IMPROPERLY PERFORMS HIS DUTIES UNDER THIS ACT
OR ITS IMPLEMENTING RULES AND REGULATIONS.

THE ADMINISTRATIVE, CIVIL AND CRIMINAL ACTIONS ALLOWED
UNDER THIS SECTION SHALL BE CUMULATIVE AND CUMULATIVE
AND SHALL NOT PRECLUDE ANY OTHER PERSON FROM FILING A
SIMILAR ACTION.

THE COURT SHALL EXEMPT SUCH ACTION FROM THE PAYMENT
OF FILING FEES AND STATEMENTS LIKEWISE, UPON PRIMA FACIE
SHOWING OF THE NON-ENFORCEMENT OR _ VIOLATION
COMPLAINED OF, EXEMPT THE PLAINTIFF FROM THE FILING OF AN
INJUNCTION BOND FOR THE ISSUANCE OF PRELIMINARY
INJUNCTION. IN THE EVENT THAT THE CITIZEN SHOULD PREVAIL,
THE COURT SHALL AWARD REASONABLE ATTORNEY'S FEES,
MORAL DAMAGES AND LITIGATION COSTS AS APPROPRIATE.

SECTION 8. Repealing Clause. - All jaws, decrees, presidential proclamations,
executive orders, rules and regulations or parts thereof inconsistent herewith, are hereby
repealed or modified accordingly.

SECTION 9. Separability Clause. - If any provision of this Act is held invalid or
declared unconstitutional, the other provisions which are not affected thereby shall remain
valid and subsisting

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever comes first

Approved,