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ra-9266 q and A

Ra 9266 questionnaires and answer
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1. What is now allowed by RA 9266 which was not allowed in RA 545?
Under ARTICLE III Section 13 - Qualifications of Applicant for Examination , an examinee was not
required that he/she is at least twenty-one years of age, a qualified foreigner can take the exam,
MS credited for 1 year
Under ARTICLE IV SECTION 37. Limitation to the Registration of a Firm, Company, Partnership,
Corporation or Association, a firm, company, partnership, corporation or association may be
registered or licensed as such for the practice of architecture but Under RA 545 ARTICLE III Sec.
34, corporations cannot register.
Corporate practice
•Filipino citizens
•75% are registered and licensed architects
•registered with SEC
•individual members are responsible for their individual and collective acts
2. Under RA 9266, can a registered and licensed Architect perform interior design for small
Yes, under allied services ; architectural plans/ layouts, designs and specifications (including
interior designs, furniture designs, landscape architecture designs, acoustic designs, theater
design, etc.) to be prepared only by registered and licensed professionals (RLPs) in accordance
with the special laws (PRLs) governing the practice of their respective professions in the
Philippines (as applicable).
Refer to http://www.architectureboard.ph/uploads/1212358459-vok08may28_BoA-161.pdf
3. Who should be held responsible for damages/accidents at the site?
Whoever signed and sealed architect-in-charge of construction
4. What law protects the Architect from the reproduction of copies of the contract?
Intellectual Property Code
5. An Architect refuses to give the original plan to the Owner. Why?
Architectural work created are subject to copyright protection. It is commonly understood that a
copyright prohibits copying the work, such as by putting a document in a photocopier and
making copies to use, sell, or otherwise distribute.
In other words, the owner of the copyright-protected architectural design documents controls
who makes copies of those documents and for what purpose. As a result of this, unauthorized
construction of a building based on the unauthorized copying of copyrighted designs may also be
an infringing (violation) act.
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The copyright in an architectural work is usually owned initially by the author or authors of the
work namely, the architect and any other the contributors to that work. There are exceptions to
cover works of employees, or "works made for hire," but the work of an architect in designing a
building for an owner will generally not fall under either of these exceptions. An owner can only
acquire the copyright by negotiating a transfer in writing from the copyright holder.
6. What is the composition of PRBoA? What are the main function/s of the Board?
Under ARTICLE II SECTION 4. Creation and Composition of the Professional Regulatory Board the
PRBoa is composed of a chairman and two (2) members
Under SECTION 7. Powers and Functions of the Board , the Board shall exercise the following
specific powers, functions and responsibilities:
(a) Prescribe and adopt the rules and regulations necessary for carrying out the provisions of the
(b) Supervise the registration, licensure and practice of architects;
(c) Administer oaths in connection with the administration of this Act;
(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the professional
Identification Card for the practice of the architecture profession;
(e) Adopt an official seal of the Board;
(f) Monitor the conditions affecting the practice of architecture and adopt such measures as may
be deemed proper for the enhancement and maintenance of high professional, ethical and
technical standards of the profession;
(g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice;
(h) Hear and decide administrative cases involving violations of this Act, its implementing rules
and regulations, the Code of Ethical Conduct and Standards of Professional Practice, and for this
purpose, to issue subpoena ad testifcandum (give evidence as a witness in a law court) and
subpoena duces tecum (summon with a subpoena) to secure the appearance of witnesses and
the production of documents in connection therewith:
(i) Prescribe guidelines for the Continuing Professional Development (CPD) program in
consultation with the integrated and accredited professional organization of architects: Provided,
That the attendance to said CPD shall not be a mandatory requirement for the renewal of a
professional license;
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(j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by determining
and preparing questions which shall be within the scope of the syllabi of the subject for
examination as well as administer, correct and release the results of the licensure examinations;
(k) Approve, issue, limit or cancel temporary or special permit to practice architecture;
(l) In coordination with the CHED, ensure that all higher educational instruction and offerings of
architecture comply with the policies, standards and requirements of the course prescribed by
the CHED in the areas of curriculum, faculty, library and facilities;
(m) To adopt a program for the full computerization of the licensure examination; and
(n) Discharge such other duties and functions as may be deemed necessary for the enhancement
of the architecture profession and the upgrading, development and growth of the architecture
7. A person found preparing architectural plans without the necessary license is guilty of what?
The person shall be guilty of misdemeanour (a minor wrong doing).
8. A group of newly licensed architects and their friends wanted to put-up an architectural firm.
How many percentage of the corporation should be owned by the Architects?
Registered and licensed architects shall compose at least seventy-five percent (75%) of the
owners, shareholders, members’ incorporators, directors, executive officers, as the case may be.
An architect was tasked to prepare the overall concept of a design project. What is his liability
on the project? Explain your answer.
None, he has no civil liability. Under the provisions of RA No.9266, the Architect of Record shall
assume the civil liability for the plans he has signed and sealed.
10. Who will be liable for seeking and soliciting architectural works by a non-registered person?
According to the provisions of Article IV Section 31 Liability of Representatives of Non-Registered
Persons, both those represented and the representative, the employer and the employee shall
be deemed guilty of violation of this Act.
11. Who is responsible for enforcing the IRR of RA 9266?
According to Article V Section 4 Enforcement of the Act, it shall be the primary duty of the
Commission and the Board to effectively enforce the provisions of this Act including its rules and
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12. How can a foreign citizen be allowed to take the Architect Licensure Examination?
Through reciprocity as stated under Article IV Sec. 27 regarding Reciprocity Requirements, a
person who is not a citizen of the Philippines at the time he/she applies to take the examination
shall be allowed to take the licensure examination if he/she can prove, in the manner provided
by the Rules of Court that, by specific provision of law, the country of which he/she is a citizen,
subject or national either admits citizens of the Philippines to the practice of the same
profession without restriction or allows them to practice it after passing an examination on
terms of strict and absolute equality with citizens, subjects or nationals of the country
concerned, including the unconditional recognition of prerequisite degrees/diplomas issued by
the institutions of learning duly recognized for the purpose by the Government of the
13. Is charitable act or “pro bono” included as violation in this act?
Under Article 3 Section 23 regarding Suspension and Revocation of Certificates of Registration,
Professional Identification Card or the Special/Temporary Permit, No, but it may be a violation if
an Architect has openly solicited projects by actually undertaking architectural services without a
valid service agreement guaranteeing compensation of services to be rendered and/or has
actually allowed himself/herself to be exploited by undertaking architectural services without a
valid service agreement, both acts being prejudicial to other architects registered and licensed
under this Act and inimical to the interests of the profession;
14. Does the IAPOA have the power to file criminal and civil charges against a dishonest Architect?
Yes, they may bring before the PRBoA cases of illegal practice or violations of this Act committed
by any person or party.
SECTION 44. Enforcement of the Act it states that any person may bring before the Commission,
Board or the aforementioned officers of the law, cases of illegal practice or violations of this Act
committed by any person or party.
15. Why is there a need to renew a Professional Identification Card when registration issued for a
professional is for a lifetime?
Reissuance or renewal of Professional identification card is a requirement of PRC. It safeguards
the practice of architecture.
16. What are the official grounds for the suspension or removal of the Certificate of Registration of
an Architect?
Under ARTICLE 3 SEC. 23. Suspension and Revocation of Certificates of Registration,
Professional Identification Card or the Special/Temporary Permit, the official grounds for the
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Suspension and removal of the Certificate of an Architect are the following:
Signed and sealed documents not prepared or supervised by him/her
paid extra money to secure certificate
falsely impersonated a practitioner; practiced under fictitious name
aided in the practice of unauthorized persons
Solicited projects by rendering services without agreements
17. If there are two (2) Architects on a certain project with both AoR and Architect in charge of
Construction, and when the building project collapses, who is more liable? Can one sue the
liable party?
It will depend on the result of the investigation.
18. What are the documents to be submitted in applying ALE?
- Original and photo/xerox copies of Transcript of Records with Special Order and Date of
Graduates of government schools and institutions/programs accredited by recognized
accrediting agencies under the FAAP are exempted from SO .
Graduates of New Schools/Degree/Programs must submit School Recognition and/or
Permit to Operate.
- Original and photo/xerox copy of NSO-issued of Birth Certificate (in NSO security paper;
if NSO copy not very clear, bring copy from local civil registrar)
- Four (4) passport size colored pictures with complete name tag in white background
- Current Community Tax Certificate (Cedula)
- Original and photo/xerox copies of NSO-issued Marriage Contract in NSO security paper
(for married female only; if NSO copy not very clear, bring copy from local civil registrar)
- Two (2) Testimonial or Certificate of Good Moral Character
- Accomplished logbook for Diversified Experience for local/overseas experience (certified
by mentor-architect for a minimum of 3,840 hours. Scanned copies shall be submitted
through email to the Board of Architecture for conditional approval.
- Updated PRC ID of mentor, PTR, IAPOA
- Affidavit must be signed and sealed by Architect-mentor
19. If a successful candidate in the exam was not able to take his oath before any member of the
Board or authorized representative, can he/she still practice the profession?
No. Under ARTICLE III SECTION 17. Oath, all successful candidates in the examination shall be
required to take an oath of profession before any member of the Board, any government official
authorized by the Commission or any person authorized by law to administer oaths, prior to
entering upon the practice of the profession.
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Regarding Foreign Licensure Examination for Architects:
"If the PRBoA goes to the oathtaking overseas, any member may administer the oath.
Otherwise, the Consul of the Philippine Embassy administers the oath"
20. A plan is drawn by a company draftsman under the supervision of a RLA. Who owns the said
document? Why?
UNDER ARTICLE IV SECTION 33. Ownership of Plans, Specifications and other Contract
The RLA because persons not registered as an architect shall not claim nor represent either
services or work as equivalent to those of a duly qualified registered architect, or that they are
qualified for any branch or functions of function of architectural practice, even though no form
of the title "Architect" is used.
However, a firm, company, partnership, corporation or association registered or licensed as such
for the practice of architecture may own the said document as part of their instrument of
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