RULES AND REGULATIONS IMPLEMENTING R.A. NO. 9053, THE “PHILIPPINE LANDSCAPE ARCHITECTURE ACT OF 2000”

ARTICLE I
Title and Definition of Terms

RULE 1.  Title.
— This Resolution shall be known and cited as the IMPLEMENTING RULES
AND REGULATIONS OF THE PHILIPPINE LANDSCAPE ARCHITECTURE ACT OF 2000
(IRRPLA).

RULE 2.  Definition of Terms. — Unless the contrary is provided, the following terms shall be understood to mean:

a.      Commission refers to the Professional Regulation Commission (PRC) created by R.A. No. 8981.

b.      Commission Chairperson refers to the Chairperson of the Professional Regulation Commission.

c.      Board refers to the Board of Landscape Architecture created by R.A. No. 9053.

d.      Board Chairman refers to the Chairman of the Board of Landscape Architecture.

e.      CHED refers to the Commission on Higher Education.

f.       CPE means Continuing Professional Education.

g.      CPEC refers to the Continuing Professional Education Council.

h.      IFLA refers to the International Federation of Landscape Architects.

i.       Landscape Architecture refers
to the functional, orderly and esthetic 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 hardscape components and the softscape
of plants such as gardens, sports fields, playgrounds, recreational
grounds camping sites, resorts, national and public parks, historical
parks and 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.  

j.       Landscape Architect refers
to a natural person who has been issued a certificate of
registration/professional license and a professional identification card
by the Board of Landscape Architecture and the Commission.

k.      Practice of Landscape Architecture is
the act of planning, designing, specifying, supervising and giving
general administration and responsible direction to the functional,
orderly and esthetic arrangement and development of outdoor spaces which
contribute to the enhancement and safeguarding of life, health,
heritage and property as well as the promotion and enrichment of the
quality of life.  Practice of Landscape Architecture includes but is not necessarily limited to the following activities:

(1)     The act of planning sites and outdoor spaces;

(2)     Recommending
on and formulating landscape development policies concerning visual
resources, streetscapes, the rehabilitation of inner cities, slums and
historic districts, parks and recreation items which are important
components of are development and planning codes, zoning ordinances and
other studies;

(3)     Consultation,
oral advice and direction, conferences, evaluation, investigation,
estimates, appraisals and assessment and landscape architectural and
operational programming.

(4)     Schematic design, design studies and development concepts and contract documents;

(5)     Preparation
of preliminary technical, economic and financial feasibility studies of
plans and projects, promotional services including the preparation of
specialized studies such as environmental impact assessments (EIA);

(6)     Preparation
of plans, specifications, bills of materials, cost estimates, general
conditions and landscape work contract documents;

(7)     Construction
and project management; giving general management, administration,
supervision, coordination and responsible direction to the planning,
designing, construction, reconstruction, direction, enlargement,
renovation, repair, orderly removal or demolition, remodeling,
alteration, preservation or restoration of landscape sites or structures
including all their component sites and environs intended for private
of public use;

(8)     All
other works and activities which require the professional competence of
Landscape Architects, including the teaching of Landscape Architecture
subjects given in the licensure examinations for Landscape Architects;
computer-aided design (CAD); the scientific, esthetic and orderly
coordination of all works and branches of the work, systems and
processes necessary in order to enhance and safeguard life, health,
heritage and property and the promotion and enrichment of the quality of
life; the landscape design of engineered structure or any part thereof;

(9)     The
planning, layout and utilization of spaces within and around buildings
or structures including their sites; environment and urban design; site
planning, outdoor space planning, landscape architecture detailing,
landscape architectural lighting, laying out of associated mechanical,
electrical, sanitary, plumbing and other utility systems, equipment and
fixtures, and

10)    Site programming, grounds maintenance and administration and Landscape Architectural conservation and restoration.

(l)    Accredited Professional Association
refers to the Philippine Association of Landscape Architects (PALA) as
the integrated national organization of Landscape Architects in the Philippines accredited by the Commission.

ARTICLE II
Official Seal of the Board

RULE 3.  Official Seal of the Board. — The Board shall adopt an official seal.  The
Official seal shall bear the design and words appearing on the attached
sheet marked as Annex “A” and made an integral part hereof.  All
Certificates of Registration issued to Landscape Architects and other
official documents as may be determined by the Board shall bear the seal
of the Board.

ARTICLE III
Composition, Qualifications, Appointment, Terms of Office of Members and Filling of Vacancies in the Board

RULE 4.  Composition of the Board.
— The Board of Landscape Architecture shall be composed of a
Chairperson and two (2) Members who shall be appointed by the President
of the Philippines from a list forwarded by the Commission.  Such a list to be submitted by the duly accredited integrated national association of Landscape Architects in the Philippines shall have five (5) nominees for each position chosen and ranked in the order of preference.

RULE 5.  Qualifications of Members of the Board.
— Nominees for appointment as Chairperson and Members of the Board
shall, at the time of their appointment, have the following
qualifications:

a.      A natural-born citizen and resident of the Philippines;

b.      Must be at least thirty-five (35) years of age;

c.      A
holder of a degree in Bachelor of Landscape Architecture or its
equivalent conferred by a school, academy, college or university in the
Philippines or abroad that is recognized and/or accredited by the
Commission on Higher Education (CHED);

d.      A
registered Landscape Architect with a valid certificate of
registration/professional license and an active practitioner of
Landscape Architecture for not less than ten (10) years prior to
appointment, except the first Chair and Members of the Board who shall
be issued the certificate of registration/license pursuant to R.A. No.
9053;

e.      Must
not for a period of three (3) consecutive years prior to appointment be
a member of the faculty of any school, academy, institute, college or
university where a regular course in Landscape Architecture is being
taught, nor have any pecuniary interest in or administrative supervision
over any such institution of learning;

f.       Must
not for a period of three (3) consecutive years prior to appointment,
be connected with a review center or with any group or association where
review classes or lectures in preparation for the licensure
examinations are offered or conducted at the time of appointment;

g.      Has never been convicted of any crime involving moral turpitude, and

h.      Must be a member in good standing of the duly accredited and integrated association of Landscape Architects in the Philippines.

RULE 6.  Term of Office.
— The Members of the Board shall hold office for a term of three (3)
years until their successors 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, one Member shall hold office as Chairperson for three (3)
years, one Member for two (2) years and one Member for one (1) year.
Each Member of the Board shall qualify by taking the proper oath prior
to his assumption of duty.

RULE 7.  Compensation of Board Members.
— The Chairman and Members of the Board shall receive compensation
comparable to the compensation being received by Members of existing
Regulatory Boards with the Professional Regulation Commission and as may
be provided for in the General Appropriations Act.

RULE 8.  Filling of Vacancy in the Board. — Any vacancy occurring in the Board within the term of a Member shall be filled only for the unexpired portion of the term.

ARTICLE IV
Meeting of the Board, Duties and Responsibilities of the Chairman and Members of the Board

RULE 9.  Board as a Collegial Body.
— The Chairman and Members of the Board shall act as a collegial body
on all matters involving the exercise of its powers and duties as well
as the implementation of policies laid down in R.A. No. 9053.  Action
on such matters by the Board, except decisions in administrative cases,
shall be effective only when approved by the Commission.

RULE 10.           Meetings of the Board.
— The Board shall hold regular meetings to transact official business
at least once a month within the premises of the commission or in such
other venues as determined by the Board and authorized by the
Chairperson of the Commission.  Special meetings may be called by the Chairman or the two (2) Members of the Board.  The
Chairman shall preside over the meetings of the Board and in his or her
absence, the senior Member, if any, or the Member so designated by the
Chairman.

RULE 11.           Duties and Functions of the Chairman.
— The Chairman shall be the head of the Board. As such, he shall
equitably assign all subjects for examination to all Members of the
Board; designate the Member who shall preside during any hearing or
investigation of administrative cases of Landscape Architects where
technical issues in the practice of the profession are involved, assign
Members who shall perform the visitorial duties of the Board.

The Chairman shall be responsible
for the assignment of other duties and responsibilities to the Members
and for the supervision and management of their work.  The
Chairman shall be the official spokesperson of the Board in the
Commission and in his absence, the senior Member, if any, or the Member
so designated by him.

RULE 12.           Decisions, Orders or Resolutions and Other Issuances of the Board.
— In the promulgation of decisions and orders in administrative cases
which are not interlocutory, or in the adoption of a rule, regulation or
policy or in implementing the other provisions of R.A. No. 9053, the
Board shall meet en banc, deliberate on matters before it and
thereafter, vote personally.  The presence of a
quorum shall be sufficient to deliberate and act upon the items on the
agenda and majority vote shall be required for the validity of the act.  The
presence of at least two (2) Members shall constitute a quorum and the
vote of two (2) Members shall constitute a majority vote.

Any action of the Board meeting en
banc except a decision or order in an administrative case shall be valid
and enforceable only after it shall have been approved by the
Commission. Resolutions or issuances of the Board for the, purpose of
enforcing or implementing the provisions of R.A. No. 9053 or which
affects the public in general shall be published in the Official Gazette
or in a newspaper of general circulation.

RULE 13.           Enforcement and Implementation of R.A. No. 9053. — In enforcing and implementing the provisions of R.A. No. 9053, its
implementing rules and regulations and in the performance of its
functions, duties and responsibilities, the Board shall be assisted by
the Commission through its offices, divisions, sections and units.

RULE 14.           Meetings and Official Business with the Commission.
— Unless the presence of the entire Board is required, the Board’s
Chairman shall represent the Board in meetings with the Chairperson of
the Commission and in official transactions with the Commission.  In
the absence of the Board Chairman, the senior Member, if any, or the
Member so designated by the Chairman shall represent him in meetings
with the Chairperson of the Commission and in official business/es to be transacted with the Commission.

RULE 15.           Interpretation
of the Provisions of this Act, its Implementing Rules and Regulations
and Code of Ethics for Landscape Architects Issued by the Board.
— At first instance, the Board may resolve any issue arising from the
implementation of the provisions of R.A. No. 9053 in the form of
opinions issued by the Board through its Chairman.  It
may also issue opinions on questions arising from the implementation of
the Rules and Regulations of R.A. No. 9053 and the Code of Ethics for
Landscape Architects.  The Board may request the
Commission, through its Chairman, to elevate difficult questions of law
to the Department of Justice for legal opinion.

RULE 16.           Written Authority of the Commission Chairperson Bring Out Papers, Records and Documents Outside Commission Premises.
— The Board shall act on all papers, communications, certificates,
cases or other documents within the premises of the Commission.  Action
on such matters outside the premises of the Commission shall be with
the written permission of the Chairperson of the Commission.

RULE 17.           Action on Ministerial Matters. — Matters requiring action which are ministerial in nature shall be done and made by the Board’s Chairman.

RULE 18.           Records of the Board, Removal of Such Papers, Etc.
— All records of the Board including applications for examinations,
examination papers and results of examination, minutes of deliberations
and records of administrative cases shall be kept by the Commission.  No
papers, communications, certificates, records of cases and other
documents shall be removed from the premises of the Commission unless
expressly authorized in writing by the Chairperson of the Commission.

RULE 19.           Annual Report.
— On or before the fifteenth (15th) day of the last month of each
calendar year, the Board shall submit an Annual Report to the President
of the Philippines, through the Commission.  The
report shall contain its accomplishment during the year and its
recommendations to upgrade the practice of Landscape Architecture in the
Philippines.

ARTICLE V
Licensure Examination for Landscape Architects

RULE 20.           Examination Required.
— Unless expressly exempted by the provisions of R.A. No. 9053, all
persons desiring to register as Landscape Architects and practice the
profession must pass the licensure examinations for the practice of
Landscape Architecture in the Philippines.

RULE 21.           Application.
— The application for examination shall file a computerized application
form duly accomplished in the Commission’s Application Division or in
any of its Regional Offices which are also test centers for the
profession, accompanied by authentic or authenticated copies of the
required documents.

A Filipino citizen who graduated
from a foreign educational institution shall be required, before his
application is accepted, to present/submit an endorsement from the CHED.

RULE 22.           Qualifications of Applicant for Examination.
— An applicant for examination, prior to admission to the examination,
shall establish to the satisfaction of the Board that he or she is:

a.    A citizen of the Philippines or a citizen of a foreign country/state with which the Philippines
has reciprocity in the licensure examination and practice of Landscape
Architecture (see Rule 23 for detailed requirements for foreign
examinees);

b.    A
graduate of a baccalaureate or postgraduate degree in Landscape
Architecture from an academic institution recognized by the Commission
on Higher Education (CHED) or accredited with either the International
Federation of Landscape Architects (IFLA) or the American Society of
Landscape Architects (ASLA);

c.    Or
in lieu of sub-paragraph (b), a graduate of a baccalaureate degree in
Architecture from an academic institution having at least twenty (20)
units of Landscape Architecture design courses of with at least five (5)
years experience in the field of Landscape Architecture; or graduate of
a baccalaureate degree in Horticulture from an academic institution
having at least forty (40) units of Landscape Architecture design
courses or at least five (5) years experience in the field of Landscape
Architecture; provided that this shall apply within ten (10) years after
the passage of R.A. No. 9053, and

d.         Has not been convicted by a final judgment of any crime involving moral turpitude.

RULE 23.           Requirements for Foreign Citizens Allowed to Take Licensure Examination through Reciprocity.
— A foreign citizen, whether he studied in the Philippines or not, who
desire to take the licensure examination for Landscape Architects
through reciprocity shall initiate the establishment of reciprocity
between his country/state and the Philippines by presenting/submitting a
letter or any document signed and under official seal by the
appropriate official of his country/state requesting the Chairman of the
Board of Landscape Architecture to allow the foreign applicant to take
the licensure examination for Landscape Architecture on the basis of
reciprocity and informing the said Chairman of the Board that by express
provision of the law of his country/state, Filipino citizens shall be
allowed to take the licensure examination for Landscape Architects and
to register as Landscape Architect in his country/state on terms of
strict and absolute equality with the citizens or subject of said
country or state including the unconditional recognition of prerequisite
degrees issued by institutions of higher learning duly recognized or
established by the Government of the Republic of the Philippines
attaching/appending thereto an authentic or authenticated official copy
of said law officially translated in the English language.

If the letter/document and the copy of the law submitted by the applicant is
satisfactory to the Board, the foreign applicant shall be allowed to
take the licensure examination for Landscape Architects by requiring him
to file an application to take the licensure examination and by
submitting the following documents that shall accompany the application:

a.    The
original or certified copy of any official document issued by the
Philippine Immigration Commission allowing the applicant to enter and
reside in the Philippines;

b.      Present his passport for examination and for photocopying of pertinent information about the applicant;

c.      Original
or authenticated copy of transcript of records or equivalent document
of the course for licensure examination issued by the institution of
higher learning where he studied, duly authorized or accredited by his
country/state, and

d.      Other documents which may be required to be submitted by the Board.

RULE 24.           Venues and Dates of Examination. — The licensure examinations for Landscape Architecture shall be held at least once a year in the City of Manila and in such other places as may be determined by the Board and approved by the Commission.  The
venues and dates of examinations for each year shall be included in the
Schedule of Professional Licensure Examinations issued yearly by the
Commission.

RULE 25.           Examination Program.
— The Board shall issue a program for every scheduled examination not
later than thirty (30) days before the first day of the scheduled
examinations which shall contain the following:

a.      Name of licensure examination;

b.      Subjects for examination indicating their respective percentage weights, time, dates and places of examination;

c.      Instructions to examinees, and

d.      Names and signatures of the Chairman and Members of the Board.

Each and every examinee must be provided with a copy of this program by attaching it to the examinee’s Notice of Admission.

RULE 26.           Publication of Examination.
— The dates, time and venues of the licensure examinations for
Landscape Architecture shall, as far as practicable, be published in a
newspaper of general circulation and/or in broadcast media.

RULE 27.           Scope of Examination.
— The licensure examinations for Landscape Architecture shall cover the
following subjects with their corresponding percentage weights:

(1)     Landscape Architectural Design and Planning — 40%;

(2)     Ecology and Nature Conservation — 10%;

(3)     Landscape Technology and Materials — 15%;

(4)     Planting Design and Interior Plantscaping — 15%;

(5)     Professional Practice and Ethics — 10%;

(6)     History of Landscape Architecture and Theory of Design — 10%

The Board shall amend/change the said subjects and their syllabi to conform with the changes made in the curriculum of the course brought about by advancement in technology.  Examination
based on the changed curriculum and the syllabi shall apply only to
those examinees who have graduated under the changed curriculum.

RULE 28.           Rating in the Board Examinations.
— To pass the licensure examinations for Landscape Architecture, an
examinee must obtain a general weighted average rating of seventy (70%)
percent with no grade lower than sixty (60%) percent in any given
subject/s.

RULE 29.           Removal
Examination of Examinees with Grade(s) Below Sixty (60%) Percent in Any
Given Subject But Obtains a General Average Rating of Seventy (70%) Percent or Higher.
— An examinee who obtains the required general weighted average rating
of seventy (70%) percent or higher but obtains a rating below sixty
(60%) percent in any given subject must take a removal examination in
the subject or subjects where he obtained the rating below sixty (60%)
percent.  The removal examination shall be taken by the examinee within two (2) years from the date of his or her last examination; Provided,
that if the examinee fails to pass the subject/s in the removal
examination taken, the examinee must take the entire Board examination
again.

RULE 30.           Re-examination.
— An examinee who fails to pass the examination for the third time
shall be allowed to take another examination only after one (1) year has
lapsed from the last examination failed by the examinee.

ARTICLE VI
Formulation of Syllabi and Full Computerization of Examinations

RULE 31.           Formulation of Syllabi.
— After consultations with the academe, the Board shall formulate and
adopt a syllabus or term of specifications for each of the subjects of
the licensure examinations. Questions to be given in the licensure
examinations shall be within the scope of the syllabus of each of the
subjects for examinations.  The syllabus shall be amended/revised to conform with the changes, made in the curriculum of the course of Landscape Architecture.  The Board Members shall not given
examination on the revised curriculum of Landscape Architecture unless
the examinees have taken the course under the amended/revised
curriculum.

RULE 32.           Full Computerization of Examinations.
— The licensure examinations for Landscape Architecture shall be fully
computerized. New Members of the Board assigned a particular subject
shall prepare at least five hundred (500) test questions to be encoded
in the test question databank for each subject from which the questions
to be given in a particular examination shall be extracted at random by
computer.

The test questions databank of a
Member of the Board shall be replenished with three hundred (300)
questions every after examination within sixty (60) days from the
release of the results of each examination until the bank has reached a
total of two thousand (2,000) test questions.  Thereafter, the replenishment shall be equal to the number of test questions used in the examination.  The answer sheets of the examinees shall be corrected by computer.

ARTICLE VII
Registration and Issue of Certificates and Licenses

RULE 33.           Registration of Landscape Architects.
— All Landscape Architects who were registered with the Specialty Board
of Landscape Architecture created by Board of Architecture Resolution
No. 3 creating the Specialty Board of Landscape Architecture issued on
20 January 1983 duly approved by the Chairperson of the Professional
Regulation Commission and other resolutions issued by the Specialty
Board of Landscape Architecture shall be registered with the New Board
of Landscape Architecture created by R.A. No. 9053, in accordance with
the guidelines to be issued by the said Board duly approved by the
Commission.

RULE 34.           Registration of Successful Examinees.
— All successful examinees in licensure examinations for Landscape
Architects shall, unless specifically deferred for cause by the Board,
be registered after taking the oath of a professional before the Members
of the Board and upon payment to the Commission of the prescribed fees.

RULE 35.           Issuance of Certificate of Registration/Professional License.
— Upon complying with all the requirements for registration, the
Landscape Architect shall sign the Roll of Landscape Architects
maintained by the Commission and shall be issued the certificate of
registration/professional license upon payment to the Commission of the
prescribed fees.

RULE 36.           Validity of Certificate of Registration/Professional License.
— The Certificate of Registration/Professional License issued to a
Landscape Architect shall remain valid unless suspended or revoked for
cause/s provided under RA. No. 9053.

RULE 37.           Issuance of Professional Identification Card.
— The Commission shall issue a professional identification card upon
payment of the prescribed fees at the option of the Landscape
Architects.  The Professional ID card which shall
be used for identification shall be valid for a period of three (3)
years and shall be renewed every after three (3) years on the birth date and month of the landscape Architect upon payment of the prescribed fees.

RULE 38.           Lifting of Deferment of Registration.
— If the cause/s for the deferment of registration as Landscape
Architect of the successful examinee has been removed, the examinee
shall be allowed to register.

RULE 39.           Registration Without Examination. — The following may also register as Landscape Architects without examination

a.    All
holders of a baccalaureate degree in any field of study related to
Landscape Architecture who have taken at least sixty (60) academic units
of Landscape Architecture subjects from an institution of higher
learning recognized or established by the Government, have been
practicing Landscape Architecture for ten (10) years before the effectivity of R.A. No. 9053 and can present proof of such practice;

b.    All
registered/licensed architects and environment planners who have been
practicing Landscape Architecture for ten (10) years before the effectivity of R.A. No. 9053 and can present proof of such practice;

c.    All
holders of the baccalaureate degree of Architecture of Environmental
Planning without being registered or licensed as architects or
environmental planners but who have been practicing Landscape
Architecture for ten (10) years before the effectivity of R.A. No. 9053 and who can present proof of such practice.

Persons who fall under subparagraph
(a) above shall file application with the Board of Landscape
Architecture accompanied by an authentic or authenticated copy each of
the following documents:

a.1  Transcript
of record issued by an institution of higher learning established or
recognized by the Government showing that the applicant has graduated a
bachelor’s degree in any field of study related to Landscape
Architecture with at least sixty (60) units of Landscape Architecture
subjects.

a.2  If
the applicant has been employed as Landscape Architect by a firm,
company, corporation or association, a certification under oath of the
owner of the firm, manager or president of the firm, company,
corporation or association attesting to the fact that the applicant has
worked and performed the functions of a Landscape Architect for a period
of at least ten (10) years before the effectivity of R.A. No. 9053.

a.3  If the applicant has practiced Landscape Architectural project for every year of practice for ten (10) years before the effectivity
of R.A. No. 9053 or a copy of at least one (1) contract of Landscape
Architectural services entered into by the applicant with a client for
every year of practice for ten (10) years before the effectivity of R.A. No. 9053.

Persons who fall under subparagraph
(b) above shall file application with the Board accompanied by authentic
or authenticated copy each of the following documents:

b.1  Transcript
of records issued by an institution of higher learning established or
recognized by the Government showing that the applicant has graduated
with a baccalaureate degree in Architecture or Environmental Planning.

b.2  Authentic
or authenticated copy of the Certificate of Registration and
Professional Identification Card of the applicant showing that he is a
registered architect or environment planner.

b.3  If
the applicant is employed as Landscape Architect, a certification under
oath issued by the owner, manager or president of the firm, company,
corporation or association attesting to the fact that the applicant has
worked and/or performed the functions of a Landscape Architect for a
period of at least ten (10) years before the effectivity
of R.A. No. 9053, or if applicant has practiced ad Landscape Architect,
a copy of a plan of Landscape Architectural project duly signed by the
applicant for every year of practice for ten (10) years or a copy of a
contract for Landscape Architectural services entered into by the
applicant with a client for every year of practice for ten (10) years
before the effectivity of R.A. No. 9053.

Persons who fall under subparagraph
(c) shall file application with the Board accompanied by authentic or
authenticated copy each of the following documents:

c.1  Transcript
of records issued by an institution of higher learning recognized or
established by the Government showing that the applicant has graduated
with a baccalaureate degree in Architecture or Environment Planning;

c.2  If
the applicant is employed as a Landscape Architect, a certification
under oath of the owner, manager or president of the firm, company,
corporation or association attesting to the fact that the applicant has
worked or performed the functions of a Landscape Architect for ten (10)
years before the effectivity of R.A. No.
9053; or if practiced as a Landscape Architect, at least a copy of a
plan of Landscape Architectural project signed by the applicant for
every year of practice for ten (10) years before the effectivity
of R.A. No. 9053; or at least a copy of a contract of Landscape
Architectural service entered into by the applicant with a client for
every year of practice for ten (10) years before the effectivity of R.A. No. 9053.

RULE 40.           Reinstatement of Certificate of Registration.
— The Board may, for reasons of equity and justice, reinstate a revoked
certificate of registration/professional license upon payment of the
prescribed fees.  The petition or application for reinstatement may be filed after at least two (2) years from date of actual revocation.

RULE 41.           Replacement of Certificates.
— Upon payment of the prescribed fees, a new certificate of
registration may be issued to replace any lost, burned, destroyed or
mutilated certificate.

ARTICLE VIII
Administrative Proceedings

RULE 42.           Grounds for the Suspension and Renovation of Certificates.
— The Board may, after due notice and hearing, suspend or revoke the
certificate of registration/professional license of a Landscape
Architect or cancel any special temporary permit issued to a foreign
Landscape Architect or cancel any special temporary permit issued to a
foreign Landscape Architect allowed by law to practice Landscape
Architecture in the Philippines for any of the following grounds:

a.         Conviction by a final judgment of a court of competent jurisdiction of any crime involving moral turpitude;

b.         Having been found guilty of immoral or dishonorable conduct;

c.         Having been judicially declared of unsound mind;

d.         Use or perpetration of any fraud or deceit in obtaining a certificate of registration;

e.         Gross negligence;

f.          Unprofessional, unethical or dishonorable conduct;

g.         Chronic inebriety

h.         Habitual use of drugs and substance of abuse;

i.          Abetment of the illegal practice of Landscape Architecture, or

j.          Violation
of any of the provisions of R.A. No. 9053 and its implementing rules
and regulations and the Code of Ethics for Landscape Architects.

RULE 43.            Administrative Investigation.
— The Board shall be assisted by the legal or hearing officers of the
Commission in the investigation of administrative cases filed before it.  The
Board may delegate the hearing or investigation of such cases to the
legal and hearing officers of the Commission except when technical
matters or where the issue involved strictly concerns the practice of
the profession in which case the hearing or investigation shall be
presided by at least one (1) Member of the Board assisted by a hearing
or legal officer of the Commission.

The conduct of and the procedures in
an investigation initiated by or filed before the Board against an
examinee or a registered Landscape Architect shall be governed by the
pertinent provisions of the Rules and Regulations Governing the
Regulation and Practice of Professionals issued by the Commission.  The provisions of the Revised Rules of Court insofar as they are pertinent and applicable, shall be suppletory to the said rules.

ARTICLE IX
Report on the Performance of Candidates in Licensure Examinations

RULE 44.           Report of the Board.
— The Board shall, with the assistance of the Educational and
Statistics Task Force (ESTF) of the Commission, prepare a report on the
performance of the examinees in the licensure examinations.  Through the Commission, the Board may recommend to the Commission on Higher Education (CHED) the following:

(1)   The
monitoring of academic institutions, public and private, whose
successful examinees in three (3) consecutive licensure examinations in
Landscape Architectures is less than five (5%) percent of the total
number of candidates who took the said licensure examinations;

(2)   The
publication of the names of academic institutions whose successful
examinees in five (5) successive licensure examinations in Landscape
Architecture is less than five (5%) percent of the total number of
examinees from these academic institutions in each of the said licensure
examination taken, and

(3)       The closure of the course or program in Landscape Architecture.

ARTICLE X
Code of Ethics for a Landscape Architects and Continuing Professional Education

RULE 45.           Code of Ethics and Code of Technical Standards for the Practice of Landscape Architecture.
— The Board, in consultation with the accredited integrated
professional association of Landscape Architects, shall not adopt and
promulgate a Code of Ethics for Landscape Architects.  In
addition, the Board shall, in consultation with the associations of
Landscape Architects, likewise prescribe and adopt a Code of Technical
Standards for the practice of the Landscape Architecture profession.

RULE 46.           Continuing Professional Education.
— The Board shall support and implement the policies of the Commission
on Continuing Professional Education (CPE). In coordination within the
accredited and integrated association of Landscape Architects, the Board
shall prescribe the guidelines for conducting continuing professional
education programs in accordance with the policies issued by the
Commission.  The accredited association of
Landscape Architects may conduct continuing professional programs in
accordance with said guidelines.

ARTICLE XI
Adoption and Use of Seal by Landscape Architects

RULE 47.           Seal of Landscape Architects.
— The Board shall adopt a seal for Landscape Architects, whose designs
shall be in accordance with the model appearing in the attached sheet
marked as Annex “A” and made an integral part hereof.

RULE 48.           Affixing Seal by the Landscape Architect.
— Every registered Landscape Architect shall clearly and legally affix
his seal on all plans, specifications and other contract documents
prepared by or under his or her direction or supervision.  The
Landscape Architect shall likewise indicate his professional license
number, place and date issues and privilege tax receipt (PTR) number,
place and date issues on documents which he signs, affix his seal and
issues in connection with the practice of his profession.

ARTICLE XII
Prohibitions, Enforcement and Penalties

RULE 49.           Prohibitions. —

(1)   No
person shall stamp nor seal any document with the seal of a Landscape
Architect after his professional license has expired or lost its
validity unless he has been reinstated to practice and/or unless his
license has been renewed;

(2)   No
officer or employee of the government, chartered cities, provinces and
municipalities charged with the enforcement of laws, ordinances or
regulations related to the construction or alteration of the landscape
shall accept or endorse any landscape plan or specifications which have
not been prepared and submitted in full accord with the provisions of
this Act; nor shall any payment approved by any such officer for any
work, the plans and specifications of which have not been so prepared,
signed and sealed by a duly licensed Landscape Architect; Provided, that
the cost of construction or alteration of the landscape shall be more
that Three Hundred Fifty Thousand Pesos (P350,000.00);

(3)   No
Landscape Architect shall sign his name, affix his seal or use any
other method of signature on plans, specifications or other documents
made by or under another Landscape Architect’s supervision unless the
same is made in such manner as to clearly indicate the part of such work
actually performed by him;

(4)   No
person except the Landscape Architect in charge shall sign for any
branch of work or any function of Landscape Architecture practice not
actually performed by him;

(5)   No
person, without the written consent of the Landscape Architect or
author of the plans, drawings, specifications and other documents, shall
duplicate or make copies of these mentioned documents for use in the
repetition of and for other projects requiring the work and services of a
Landscape Architect, whether executed partly or in whole;

(6)   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 that he is qualified to
perform the work of a Landscape Architect such as by the use of such
titles as Landscape Consultant, Landscape Designer, Landscape Engineer,
Landscape Artist, Landscape Agriculturist, Landscape Horticulturist,
Landscape Planner, Site Planner or similar terms that suggest the work
of a Landscape Architect, unless he has been issued a valid certificate
of registration/professional license or a valid special temporary permit
by the Board of Landscape Architecture and the Commission, and

(7)   No
person shall give any false or forged evidence of any kind to the Board
for the purpose of obtaining a certificate of registration and/or a
professional license to practice Landscape Architecture, nor shall any
person falsely impersonate a registered and licensed Landscape Architect
with like or different name.

RULE 50.           Enforcement.
— Through its legal and hearing officers, the Commission shall conduct
investigations of complaints on any violation of the provisions of R.A.
No. 9053, including violations of these Rules and Regulations and
violations of the Code of Ethics of Landscape Architects.  If
the act or acts complained of constitute/s a criminal offense and the
evidence so warrants, the Commission, thru its Legal and Investigation
Division shall forward the records of the case to the appropriate
offices of city or provincial prosecutors for the prosecution of the
violators.  If the acts complained of warrant the
imposition of administrative sanctions, the respondent shall be
proceeded against administratively before the Board in accordance with
the pertinent provisions of the Commission’s Rules and Regulations
Governing the Regulation and Practice of Professionals, as amended.

RULE 51.           Penalties.
— Aside from the administrative sanctions imposed under R.A. No. 9053,
any person who violates any of the provisions of the said Act shall,
upon conviction, penalized by a fine of not less than Fifty Thousand
Pesos (P50,000.00) nor more than Two Hundred Thousand Pesos
(P200,000.00) or imprisonment of not less than six (6) months nor more
than three (3) years, or both fine and imprisonment at the discretion of
the Court; Provided, that if the violation is committed by an alien, he
shall be immediately deported after payment of fine or service of
sentence without any further proceedings.

ARTICLE XIII
Integration of Landscape Architects

RULE 52.           Integration of Landscape Architects.
— All registered Landscape Architects shall be integrated into one (1)
national organization which shall be recognized by the Board and
accredited by the Commission as the one and only accredited integrated
association to which all Landscape Architects shall belong.  Henceforth,
all Landscape Architects to be registered with the Board shall
automatically become a member of the accredited integrated national
organization of Landscape Architects. Membership in the accredited
integrated organization shall not be a bar to membership in other
associations of Landscape Architects.

ARTICLE XIV
Miscellaneous Provisions

RULE 53.           Teaching of Landscape Architecture.
— All private and public academic institutions at the tertiary level
offering degree programs in Landscape Architecture are required to
engage the services of duly registered/licensed Landscape Architects to
teach the subjects or courses given in the licensure examinations for
Landscape Architecture.

Teaching of Landscape Architecture
constitutes practice of the profession as provided in R.A. No. 9053;
hence only duly registered and licensed Landscape Architects shall be
allowed to teach Landscape Architecture subjects for licensure
examinations in Landscape Architecture.

RULE 54.           Formulation and Issue of Rules and Regulations Governing Foreigners.
— With assistance from the Commission, the Board shall formulate and
issue Rules and Regulations providing for the procedure for the taking
by foreigners of the licensure examinations for Landscape Architecture
and for the registration of foreign Landscape Architects with or without
examination and issuance of certificate of registration/license through
reciprocity as well as the issuance of special temporary permits to
foreign Landscape Architects allowed by other laws in accordance with
international conventions/agreements to which the Philippines is a
party, to practice Landscape Architecture in the Philippines.

RULE 55.           Formulation and Issue of Guidelines for the Implementation of Section 26 of R.A. No. 9053. —
The Board, in consultation with the officers of the Philippine
Association of Landscape Architects (PALA) shall prepare for is adoption
and approval by the Commission the Guidelines for the implementation of
Section 26 of R.A. No. 9053 which allows the formation of partnerships,
associations and corporations by registered Landscape Architects with
persons properly registered/licensed in any field related to Landscape
Architecture.

ARTICLE XV
Effectivity

RULE 56.           Effectivity.
— This Rules and Regulations shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in a
newspaper of general circulation in the Philippines, whichever comes earlier.

Adopted: 30 Oct. 2002