ARCHITECTURAL | Professional Practice | 14 Questions (MODERATE-CHALLENGING)

PROFESSIONAL PRACTICE

(14 Questions, Difficulty Level: MODERATE to CHALLENGING)

by Raison John J. Bassig

Q#1: Your professional fee as an architect for the Pre-Design Services you provided for your client was agreed to be in a Multiple of Direct Personnel Expenses method, which was pegged at a 2.50 multiplier. As per your agreement, your hourly rate is to be computed at P1,000 per 8-hour working day, your consultants at P750 per 8-hour working day, and your technical researchers at P492 per 8-hour working day.

After the completion of the services, you submitted a report indicating the duration of your work and your out-of-pocket expenses:

Architect (You) @ 15 working days
Your consultants @ 4-1/2 working days
Your technical researchers @ 213 hours

Printing Costs @ P812.50
Transportation Costs @ P2,500.00
Communication Costs @ P3,211.25

Based on standards for such method of compensation, how much should you bill your client?
a. P 44,023.75
b. P 94,995.63
c. P 85,210.00
d. P 60,498.25
e. P 37,500.00

According to the 2010 Standards of Professional Practice (PRBoA Res. No. 03 s.2010) on Pre-Design Services (SPP Doc. 201) and the 2016 Methods of Compensation and Schedule of Fees (PRBoA Res. No. 06 s.2016) of the United Architects of the Philippines (UAP Doc. 210),

"Direct cost = An + Cn + Tn
Fee = Direct Cost x M
Total Cost of Service charged to Client = Fee + R

where:
A = Architect's rate / hour
C = Consultant's rate / hour
T = Rate per hour of Technical Staff
n = No. of hours spent (by Architect, Consultants and Technical Staff)
M = Multiplier (to account for overhead and reasonable profit)
R = Reimbursable expenses (such as transportation, housing and living allowance, cost of printing, calls, tests, etc.)"

(Sec. 4.3.8 of the 2016 UAP Doc. 210 and Sec. 4.1 of the 2010 SPP Doc. 201)

So, in our case, the values would be,

An = [P1000/8-hr/day] x [8 hrs/day x 15 days] = P15,000.00
Cn = [P750/8-hr/day] x [8 hrs/day x 4.5 days] = P3,375.00
Tn = [P492/8-hr/day] x [213 hrs] = P13,099.50

Direct Cost = An + Cn + Tn
Direct Cost = P15,000.00 + P3,375.00 + P13,099.50
Direct Cost = P31,474.50

Fee = Direct Cost x Multiplier
Fee = P31,474.50 x 2.5
Fee = P78,686.25

Total Charged to Client = Fee + R
Total Charged to Client = P78,686.25 + [P812.50 + P2,500.00 + P3,211.25]
Total Charged to Client = P78,686.25 + P6,523.75
Total Charged to Client = P85,210.00

Therefore, correct answer is c. P 85,210.00.

Q#2: The approved form of security furnished by the Contractor and his Surety as a guarantee of good faith on the part of the Contractor to pay all obligations arising from the Contract.
a. Proposal Bond
b. Performance Bond
c. Payment Bond
d. Guaranteed Bond
e. James Bond

According to the 1984 General Conditions (UAP Doc. 301),

"PROPOSAL BOND: The cashier's check or surety bond accompanying the proposal submitted by the bidder, as a guarantee that the bidder will ENTER INTO A CONTRACT with the owner for the construction of the work, if the contract is awarded to him."
(Sec. 1.10 of the 1984 UAP Doc. 301)

"PERFORMANCE BOND: The approved form of security furnished by the Contractor and his Surety as a guarantee of good faith on the part of the Contractor to EXECUTE THE WORK in acordance with the terms of the contract."
(Sec. 1.11 of the 1984 UAP Doc. 301)

"PAYMENT BOND: The approved form of security furnished by the Contractor and his Surety as a guarantee of good faith on the part of the Contractor to PAY ALL OBLIGATIONS arising from the contract."
(Sec. 1.12 of the 1984 UAP Doc. 301)

"GUARANTEED BOND: The approved form of security furnished by the Contractor and his Surety as a guarantee to the QUALITY OF MATERIALS AND EQUIPMENT installed and the WORKMANSHIP performed by the Contractor."
(Sec. 1.13 of the 1984 UAP Doc. 301)

Therefore, the correct answer is c. Payment Bond.

Q#3: A method of compensation dependent on the outcome of revenue, cost and profitability of a project.
a. Rate Cost Method
b. Percentage Fee Method
c. Unit Cost Method
d. Value Pricing Method
e. None of the above

According to the 2016 Methods of Compensation and Schedule of Fees (UAP Doc. 210),

Rate Cost Method (Salary cost times a multiplier, plus direct cost or reimbursable expenses)

"This method is based on the total basic salaries (Direct Salary Expenses) of all Professional Consulting Architects (PCAs) and their staff multiplied by a factor from 3.0 as a multiplier plus cost of certain items that are reimbursable to the PCA classified under "Direct Cost" or "Reimbursable Expenses.""
(Sec. 4.3.11.1 of the 2016 UAP Doc. 210)

Percentage Fee Method (based on Project Construction Cost)

"This method of compensation for architectural services is the most common world-wide. The amount of the percentage is related to the size and the type of the Project. The percentage will vary depending on the classification of building, the complexity of building requirements, the construction value, the type of construction contract and other adjustment factors that constitute the extent of work to be performed by the Architect. The Professional Fee (PF) of the Architect is determined by multiplying the specified percentage times the estimated, awarded or final Project Construction Cost (PCC) of the project for which services are furnished."
(Sec. 4.1.1.1 of the 2016 UAP Doc. 210)

Unit Cost Method

"This method is a variation of the percentage based on project construction cost. The remuneration under this method is based on cost per square meter of the project such as room, store, buildings or other unit. The Professional Fee (PF) will be beased on a computed unit cost parameter. The computed cost per area may be derived from historical data on the average construction cost per square meter of a similar project and using the appropriate percentage for the professional fee based on project construction cost as defined above."
(Sec. 4.1.2 of the 2016 UAP Doc. 210)

Value Pricing Method (Value-based Pricing)

"The remuneration under this method is a "value pricing" based on the outcome of revenue, cost and profitability result of a project engagement or based on a measurable profit on specific revenues by the Client. Examples of such metrics include sales in retail facilities, leasing in housing or commercial office/residence developments."
(Sec. 4.1.3 of the 2016 UAP Doc. 210)

Therefore, the correct answer is d. Value Pricing Method.

Q#4: If you were hired by a client to conduct an analysis of the space requirements for a certain project based on the organizational structure and functional set-up, linkages, and interaction of spaces, what scope of services should you provide for your client?
a. Space Management Studies
b. Architectural Programming
c. Space Planning
d. Architectural Research
e. None of the above

According to the 2010 Standards of Professional Practice on Pre-Design Services (SPP Doc. 201),

Architectural Research:

"Architectural research entails the conduct of primary and secondary researches and assembled facts used as basis for conclusion."
(Sec. 2.6 of the 2010 SPP Doc. 201)

Architectural Programming:

"This analytical problem-seeking process will lead to the statement and identification of both horizontal and vertical requirements in offering a solution. It incorporates a space program with characterizations of the envisioned spaces such as ambiance, cost range, etc."
(Sec. 2.7 of the 2010 SPP Doc. 201)

Space Planning:

"The Architect determines the adequate size and appropriate configuration and assemblage for a proposed project in consideration of the use, allocation and interface of spaces for given activities. Space planning is done mainly through primary data gathering such as interviews, consultations, interfaces, focus group discussions (FGDs), space planning surveys, space audits, etc. and subsequent analyses i.e. spatial layouts with stacking concepts, particularly for multi-storey structures."
(Sec. 2.8 of the 2010 SPP Doc. 201)

Space Management Studies:

"An analysis of the space requirements of the project based on organizational structure and functional set-up pinpoints linkages and interaction of spaces. The formulation of the space program will serve as the basis for the development of the architectural plan/design."
(Sec. 2.9 of the 2010 SPP Doc. 201)

Therefore, the correct answer is a. Space Management Studies.

Q#5: A subdivision developer engaged your professional services as an Architect to undertake their planned Housing Project involving a grand total of 67 units/lots (45 are inside lots, 14 are corner lots, and 8 are interior lots), all located on a 5-Ha. site in Batangas with the use of one (1) set of plans/design, specifications and related documents per unit type.

Based on your financial study with the developer, the construction cost for units situated on an inside lot is at P684,000.00; for units on a corner lot is at P912,000.00/unit; and for units on an interior lot is at P495,000.00/unit.

If your contract with the developer is only for Detailed Architectural Design Services, what would be your recommended professional fee as the Architect performing such service?
a. P808,517.60
b. P1,965,780.00
c. P788,245.20
d. P2,850,480.00
e. P7,126,200.00

Given the project construction cost (PCC) per unit type and the nature of the design service, the method of compensation for the Architect is most likely on a Percentage of Project Construction Cost, since no other agreements on payment terms were given in the above scenario.

Since it is mentioned that there will only be one (1) set of plans for the unit types (i.e., plans are typical), then, such type of project and design service would be classified under Group 7 (Housing Project involving construction of several units on a single site with the use of a single set of plans/documents) in accordance with the 2010 Standards of Professional Practice on Regular Design Services (SPP Doc. 202).

For the computation of fees, according to the 2016 Methods of Compensation and Schedule of Fees (UAP Doc. 210) there are two ways by which the Architect may enter into contract with his/her client -- DAEDS and DADS.

DAEDS (or Detailed Architectural and Engineering Design Services) is a single contract between the Architect and his/her client, while the Architect and other professionals working with the Architect are on a sub-consultancy contract with the Architect alone.

DADS (or Detailed Architectural Design Services) is a contract solely between the Architect and his/her client, with the other engineering and allied professionals executing separate contracts with the client.

Since my question states that the contract is only for Architectural Design, then we must use DADS as the basis for the Architect's Recommended Professional Fee (RPF).

(Sec. 6.3.7 of the 2016 UAP Doc. 210)

In our case, for Group 7 projects, each unit and its ranges of quantities of succeeding typical units were given to have different percentages of fees. So, we must compute the RPFs for EACH TYPE of lot.

Note that there are 45 units for Inside Lots, 14 units for Corner Lots, and only 8 units for Interior Lots.

RPF of 1st Unit = [6% of PCC]

RPF of 1st Unit for Inside Lot = [6% x P684,000.00] = P41,040
RPF of 1st Unit for Corner Lot = [6% x P912,000.00] = P54,720
RPF of 1st Unit for Interior Lot = [6% x P495,000.00] = P29,700

RPF of up to 10 Units = RPF of 1st Unit + [30% of RPF for each add'l unit]

RPF of up to 10 Units for Inside Lots = P41,040 + [30% x P41,040 x 9 add'l units] = P151,848
RPF of up to 10 Units for Corner Lots = P54,720 + [30% x P54,720 x 9 add'l units] = P202,464
RPF of up to 8 Units for Interior Lots = P29,700 + [30% x P29,700 x 7 add'l units] = P92,070

RPF of up to 30 Units = RPF for 10 Units + [24% of RPF for each add'l unit]

RPF of up to 30 Units for Inside Lots = P151,848 + [24% x P41,040 x 20 add'l units] = P348,840
RPF of up to 14 Units for Corner Lots = P202,464 + [24% x P54,720 x 4 add'l units] = P254,995.20

RPF of up to 50 Units = RPF for 30 Units + [15% of RPF for each add'l unit]

RPF of up to 45 Units for Inside Lots = P348,840 + [15% x P41,040 x 15 add'l units] = P441,180

Total RPF on a DADS contract:

RPF for all Inside Lots @ 45 Typical Units = P441,180
RPF for all Corner Lots @ 14 Typical Units = P254,995.20
RPF for all Interior Lots @ 8 Typical Units = P92,070

Total RPF for the whole project (DADS contract) = P441,180 + P254,995.20 + P92,070
Total RPF for the whole project (DADS contract) = P788,245.20

Therefore, the correct answer is c. P788,245.20.

Q#6: Physical and systemic design undertaken by an Architect on a community, more comprehensive than, and an extension of the architecture of buildings, spaces between buildings, entourage, utilities and movement systems.
a. Physical Planning
b. Urban Design
c. Site Planning
d. Planning
e. None of the above

According to the 2004 Implementing Rules and Regulations (IRR) of the Architecture Act of 2004 (RA 9266),

"Planning - refers to physical planning at site, community or urban level by an Architect."
(Sec.3.33 of the 2004 IRR of RA 9266)

"Site Planning - the detailed site development planning of all areas surrounding a building/structure and/or a group of buildings/structures but only within the property limits of the land on which such buildings/strutures are to be erected."
(Sec.3.38 of the 2004 IRR of RA 9266)

"Physical Planning - the detailed physical planning of land or property on which vertical structures such as buildings, monuments and/or structures and horizontal developments such as rights-of-way, open spaces and recreational/sports/establishments/tourism and related facilities are to be proposed."
(Sec.3.35 of the 2004 IRR of RA 9266)

"Urban Design - physical and systematic design undertaken by an Architect on a community and urban plane, more comprehensive than, and an extension of the architecture of buildings, spaces between buildings, entourage, utilities and movement systems."
(Sec.3.44 of the 2004 IRR of RA 9266)

Therefore, the correct answer is b. Urban Design.

Q#7: A few years ago, your services were hired on a Detailed Architectural and Engineering Design contract by a large corporate client for their P38,000,000 Packaging Plant project located in La Paz, Iloilo.

The same client now wants to expand their operations, this time, in Tuguegarao, Cagayan after acquiring a property of the same size as that in La Paz. Since the layout of their plant would be the same, your client wants to use the same plans and contract documents you have previously prepared for them a few years ago.

Presently, the cost of the planned Tuguegarao Plant was computed at 43% higher than the one in La Paz. If you decided to take on the said project, what then would be the Recommended Professional Fee (RPF), this time for Architectural Services only (excluding the Engineering services)?
a. P802,080.00
b. P1,630,200.00
c. P490,200.00
d. P1,270,800.00
e. Your fee should be the same as before.

Let's first compute how much the Tuguegarao Plant costs today (as per my question, it is 43% higher than P38,000,000 La Paz Plant):

Project Construction Cost (PCC) = 1.43 x P38,000,000 = P54,340,000

Now let's check the 2010 Standards of Professional Practice on Regular Design Services (SPP Doc. 202) to see which group the type of building (a Packaging Plant) belongs to and, later on, find out its corresponding Recommended Professional Fee (RPF) based on the PCC:

"Packaging Plant ==> Group 1 (Building of the simplest utilization and character)"
(Sec. 4.1 of the 2010 SPP Doc. 202)

Now we go over to the 2016 Methods of Compensation and Schedule of Fees (UAP Doc. 210), and determine the RPF for Group 1 structures on a DADS (Detailed Architectural Design Services) contract as the scenario specifically EXCLUDES Engineering Services. Since the PCC was computed as [P54,340,000], we look at the PCC of such cost in the table:

"Over P50M to P100M (PCC) ==> P1,500,000 + 2.4% of excess of P50M"

(Group 1 Structures, Sec. 6.3.1 of the 2016 UAP Doc. 210)

Computing the excess of P50M,

P54,340,000 - P50,000,000 = P4,340,000

So,

2.4% of excess of P50M = 0.024 x P4,340,000 = P104,160

Thus,

RPF (Group 1 DADS contract) = P1,500,000 + [2.4% of excess of P50M]
RPF (Group 1 DADS contract) = P1,500,000 + [P104,160]
RPF (Group 1 DADS contract) = P1,604,160

However, since my question stated that your previous client will only RE-USE the old plans/specs, we must again look at the applicable grouping in the 2010 SPP Doc. 202 and 2016 UAP Doc. 210, specifically the provision for REPETITIVE USE,

"Group 6 ==> Projects where the plan/design and related Contract Documents are RE-USED for the REPETITIVE construction of SIMILAR buildings without amending the drawing and the specifications"
(Sec. 4.6 of the 2010 SPP Doc. 202)

Determining the RPF of Group 6 structures,

(Sec. 6.3.6 of the 2016 UAP Doc. 210)

Since the question states that your client will re-use the plan (as the 2nd building project), then,

"First (1st) Building = 100% of RPF for type of building
Second (2nd) Building = 50% of RPF for type of building"

As our RPF was computed above as [P1,604,160] (IF it was the 1st building), then, our fee for this 2nd building would be,

50% of RPF = 0.5 x [P1,604,160] = P802,080

Therefore, the correct answer is a. P802,080.00.

Q#8: Which among the following methods of compensation for the Architect's Services can be categorized as a Percentage-based Fee?
a. Lump Sum
b. Salary Cost x Multiplier + Reimbursable Expenses
c. Unit Cost Method
d. Professional Fee + Expenses
e. None of the above

According to the 2016 Methods of Compensation and Schedule of Fees (UAP Doc. 210), there are three main types of methods of compensation:

"a) Percentage-based Fee
b) Lump Sum or Fixed Fee
c) Time basis"
(Sec. 4 of the 2016 UAP Doc. 210)

Examples of Percentage-based Fee are:

Percentage based on Project Construction Cost (Sec. 4.1.1)
Unit Cost Method (Sec. 4.1.2)
Value-based Pricing/Percentage of Gross Rentals (Sec. 4.1.3)

Examples of Time basis are:

Multiple of Direct Personnel Expenses (Sec. 4.3.8)
Professional Fee Plus Expenses (Sec. 4.3.9)
Per Diem, Honorarium plus Reimbursable Expenses (Sec. 4.3.10)
Salary cost times a multiplier, plus direct cost or reimbursable expenses (Sec. 4.3.11)
Per Diem or Hourly Basis (Sec. 4.3.12)
Retainer (Sec. 4.3.13)

In the choices I gave, both choices b.) and d.) are categorized under Time basis, while choice c.) is categorized under Percentage-based Fee.

"Unit Cost Method - This method is a variation of the PERCENTAGE BASED ON PROJECT CONSTRUCTION COST wherein cost per square meter of the project is the primary parameter based on historical data on the average construction cost per square meter of a similar project and using the appropriate percentage for the professional fee based on such costs."
(Sec. 4.1.2 of the 2016 UAP Doc. 210)

Therefore, the correct answer is c. Unit Cost Method.

Q#9: A specialized service of the Architect that are based on the concept of expanded physical planning services to include other activities necessary for the proper handling of numerous components considered in the formulation, implementation, and realization of a Master Development Plan (MDP). It covers the range of all services from primary data gathering through the formulation of the MDP and the parallel preparation of the environmental impact assessment/statement (EIA/S).
a. Site and Physical Planning Services
b. Site Development Planning (SDP) Services
c. Comprehensive Development Planning (CDP) Services
d. Master Development Planning (MDP) Services
e. None of the above

According to the 2010 Standards of Professional Practice on Specialized Architectural Services (2010 SPP Doc. 203),

Site and Physical Planning (including Master Development Planning, Subdivision Planning and Urban Design) Services:

"Physical planning refers to the orderly arrangement within a piece of land or property on which vertical structures such as buildings, monuments and the like, as well as horizontal developments such as rights-of-way (ROWs), open spaces and activity spaces are to be proposed.

If the Architect is commissioned to do physical plans for specific site, he has to go beyond the study of human behavior and activities and must undertake an in-depth study of the host site's economic systems, its laws and regulations, tax structure, infrastructure, utilities, and all other components that will have a bearing on the project."
(Sec. 203.5.1.1 and Sec. 203.5.1.4 of the 2010 SPP Doc. 203)

Site Development Planning (SDP) Services:

"The space planning, architectural lay-outing and utilization of spaces within and surrounding a specific building/structure in relation with the existing natural and/or built environments have to be a well-coordinated effort so that both the building/structure and the host environment shall act as one. Arising from his concept of the total environment, the Architect is not merely concerned with the building/structure he creates but with the grounds and surrounding space as well. He studies the existing environment in relation to the building/structure and consequently lays out the areas/grounds immediately surrounding the building/structure."
(Sec. 203.4.1.1 of the 2010 SPP Doc. 203)

Comprehensive Development Planning (CDP) Services:

"Comprehensive Development Planning (CDP) Services are based ont he concept of expanded physical planning services to include other activities necessary for the proper handling of the numerous components considered in the formulation, implementation and realization of a Master Development Plan (MDP). Comprehensive Development Planning (CDP) covers the range of all services from primary data gathering through the formulation of the MDP and the parallel preparation of the environmental impact assessment/statement (EIA/S)."
(Sec. 203.6.1.1 of the 2010 SPP Doc. 203)

Therefore, the correct answer is c. Comprehensive Development Planning (CDP) Services.

Q#10: Which design phase of the Architect's regular scope of services does evaluating the Owner's program, schedule, budget, project site and proposes methods of project deliveries fall under?
a. Schematic Design Phase
b. Project Definition Phase
c. Design Development Phase
d. Bidding or Negotiation Phase
e. None of the above

According to the 2010 Standards of Professional Practice on Regular Design Services (2010 SPP Doc. 202),

"Project Definition Phase

This phase involves the definition fo the requirements of the project by the Owner. The Architect in turn informs the Owner of the technical requirements of the project and the concomitant professional fees. In this phase, the Architect:

1. consults with Owner to ascertain the conceptual framework and related requirements of the project and confirms such requirements with him.
2. gathers relevant information and data leading to the definition of the requirements of the project, including the scope of the Architect's services.
3. reviews and refines the owner's space requirements and translates them into an architectural program.
4. prepares an initial statement of probable construction cost."

(Sec. 2.1 of the 2010 SPP Doc. 202)

"Schematic Design Phase

This phase consists of the preparation of schematic design studies derived from the Project Definition Phase, leading to conceptual plans. The Architect:

1. evaluates the Owner's program, schedule, budget, project site and proposes methods of project deliveries.
2. prepares the initial line drawings representing design studies leading to a recommended solution, including a general description of the project for approval by the Owner.
3. submits to the Owner a Statement of the Probable Project Construction Cost (SPPCC) based on current cost parameters."

(Sec. 2.2 of the 2010 SPP Doc. 202)

"Design Development Phase

Based on approved schematics and conceptual plans, the Architect prepares:

1. the Design Development documents consisting of plans, elevations, sections and other drawings.
2. outline specifications to fix and illustrate the size and character of the entire project as to type of materials, type of structural, electrical, mechanical, sanitary, electronic and communications systems.
3. diagrammatic layout of construction systems, and
4. an updated SPPCC for submission to the Owner."

(Sec. 2.3 of the 2010 SPP Doc. 202)

"Bidding or Negotiation Phase

In this phase, the Architect:

1. prepares the Bid Documents such as forms for contract letting, documents for construction, forms for invitation and instruction to bidders, forms for bidders' proposals, general/specific conditions of contract, etc.
2. assists the Owner from the early stage of establishing a list of prospective Contractors to awarding of the construction contract."

(Sec. 2.5.1 of the 2010 SPP Doc. 202)

Therefore, the correct answer is a. Schematic Design Phase.

Q#11: Which of the following laws prescribes the Work of Architecture as a copyright that gives the architect the right to control the erection of any building.
a. PD 49
b. RA 9266
c. RA 9514
d. RA 8293
e. RA 49

PD 49 (Presidential Decree No. 49 of 1972) is otherwise known as the Decree on Intellectual Property. Note that it is an OLD law (already repealed by a newer one). The work of architecture is mentioned, among several others, in its preliminary provision only and NOT specific as to the right to control the construction of a building,

"The Rights granted by this Decree shall, from the moment of creation, subsist with respect to any of the following classes of works:

(A) Books, including composite and encyclopedic works...xxx...
(G) Works of drawing, painting, architecture, sculpture, engraving, lithography, and other works of art; models or designs for works of art;
(H) Reproductions of a work of art;...xxx..."
(Sec. 2 of PD 49)

RA 9266 (Republic Act No. 9266 of 2004) is otherwise known as the Architecture Act of 2004. It does mention ownership of the architecture drawings (as instruments of service) but NOT specific as to the right to control the construction of a building,

"Ownership of Plans, Specifications and other Contract Documents. -  Drawings and specifications and other contract documents duly signed, stamped or sealed, as instruments of service, are the intellectual property and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole, without the written consent of architect or author of said documents."
(Sec. 33 of RA 9266)

RA 9514 (Republic Act No. 9514 of 2008) is also known as the Revised Fire Code of the Philippines of 2008 and is no way related to the above question regarding copyright of architectural works in constructing buildings.

RA 8293 (Republic Act No. 8293 of 1997) is otherwise known as the Intellectual Property Code of the Philippines. This is the NEW law that repealed the old PD 49 of 1972. In this law, there are several instances where the work of architecture is mentioned (which may be similar in scope with the old PD 49 and the RA 9266):

"Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;...xxx...
(g) Works of drawing, painting, ARCHITECTURE, sculpture, engraving, lithography or other works of art; models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
(i) ILLUSTRATIONS, MAPS, PLANS, SKETCHES, CHARTS and THREE-DIMENSIONAL works relative to geography, topography, ARCHITECTURE or science;
(j) DRAWINGS or plastic works of a scientific or TECHNICAL character;...xxx..."
(Sec. 172 of RA 8293)

"Reproduction of Published Work. -

187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.

187.2. The permission granted under Subsection 187.1 shall NOT extend to the reproduction of:

(a) A work of ARCHITECTURE in the form of BUILDING or other CONSTRUCTION;
(b) An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means;...xxx..."
(Sec. 187 of RA 8293)

But the most specific provision related to the rights of controlling the construction of a building is a dedicated section in the RA 8293 law, stating,

"Work of Architecture. - Copyright in a work of ARCHITECTURE shall include the RIGHT to CONTROL the ERECTION of ANY BUILDING which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided, That the copyright in any such work shall NOT include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates."
(Sec. 186 of RA 8293)

Therefore, the correct answer is d. RA 8293 (or the Intellectual Property Code of the Philippines of 1997).

Q#12: You were hired by a Client for a project to provide Regular Design Services for Architectural work only. Your compensation is based on a lump sum amount of P531,029.23 for such services.

Meanwhile, the other allied professional and consultants were hired separately by your Client with the following contract price for their respective professional fees for the same project:

Structural Engineer = P242,111.15;
Master Plumber = P98,583.34;
Electrical Engineer = P141,029.02;
Mechanical Engineer = P59,009.00;
Landscape Architect = P54,852.00; and
Interior Designer = P59,014.04

What would be your grand total fee as the Architect of the project?
a. P1,071,761.74
b. P563,759.16
c. P1,185,627.78
d. P531,029.23
e. P930,873.75

As the contract for Architectural Services was agreed upon on a lump sum amount, given at P531,029.23, then, the fee of the Architect for such service will be that amount.

However, since Regular Design Services of an Architect also INCLUDES COORDINATION with different allied professionals and consultants involved in the project and specific data of the fees for such other consultants were given, then, we must take into account the COORDINATING FEES, based on the 2016 Methods of Compensation and Schedule of Fees (UAP Doc. 210),

"Separate Consultants - Should the Client hire separately the services of the Consultant, the fee of the Consultant shall be on the account and paid directly by the Client. In such case, the fee of the Architect-of-Record (AoR) for COORDINATING and RELATING THE WORK of the Consultant to work of the Architect will be 5% of the Consultant's fee."
(Sec. 7.2.3, Sec. 8.5, Sec. 9.5 of the 2016 UAP Doc. 210)

In my given problem, the grand total professional fee (PF) of the Architect, considering coordination with separate consultants would be:

PF = Fee for Arch'l Services + 5% of (Sum of all Consultants' Fees)
PF = P531,029.23 + 0.05 x (ST + PL + EE + ME + LA + ID)
PF = P531,029.23 + 0.05 x (P654,598.55)
PF = P531,029.23 + P32,729.93
PF = P563,759.16

Therefore, the correct answer is b. P563,759.16.

Q#13: Upon approval of the architect, this shall be the basis for all requests of payments.
a. AAE (Agency Approved Estimates)
b. Breakdown of Work and Corresponding Value
c. Certificates of Payment
d. Drawings and Specifications
e. Gantt Chart

According to the 1984 General Conditions (UAP Doc. 301),

"Detailed Breakdown of Contract Amount: Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall, within fifteen (15) days from the receipt of Notice to Proceed, submit a complete BREAKDOWN OF WORK AND CORRESPONDING VALUE of the Contract Amount showing the value assigned to each part of work, including the allowance for profit and overhead. Upon approval of the BREAKDOWN OF WORK AND CORRESPONDING VALUE by the Architect, it shall be used as the BASIS FOR ALL REQUESTS FOR PAYMENT."
(Sec. 22.01 of the 1984 UAP Doc. 301)

Therefore, the correct answer is b. Breakdown of Work and Corresponding Value.

Q#14: A scope in the Architect’s Pre-Design Services involving analytical problem-seeking processes that lead to the statement and identification of both horizontal and vertical requirements in offering a solution. It includes a space program with characterizations of the envisioned spaces such as ambiance, cost range, etc.
a. Space Planning
b. Design Brief Preparation
c. Feasibility Studies
d. Architectural Programming
e. None of the above

According to the 2010 Standards of Professional Practice on Pre-Design Services (SPP Doc. 201),

Space Planning:

"The Architect determines the adequate size and appropriate configuration and assemblage for a proposed project in consideration of the use, allocation and interface of spaces for given activities...xxx..."
(Sec. 2.8 of the 2010 SPP Doc. 201)

Design Brief Preparation:

"The Architect states the project terms of reference (ToR) including the concept, objectives and other necessary requirements to bid out architectural services (whether public or private)."
(Sec. 2.11 of the 2010 SPP Doc. 201)

Feasibility Studies:

"Detailed analysis of the project based on pre-feasibility studies will determine the viability of a proposed development. The studies will set the project against present and future trends to forecast how it will perform over time. This requires primary data gathering and analysis."
(Sec. 2.3 of the 2010 SPP Doc. 201)

Architectural Programming:

"This analytical problem-seeking process will lead to the statement and identification of both horizontal and vertical requirements in offering a solution. It incorporates a space program with characterizations of the envisioned spaces such as ambiance, cost range, etc."
(Sec. 2.7 of the 2010 SPP Doc. 201)

Therefore, the correct answer is d. Architectural Programming.